Exhibits BVSD Nevin Platt MS CMGC Amendment No. 2 GMP.pdf (4,052 KB)

This is the text extracted from the file, without its layout, tables, or images. Use the original for anything that matters.

Exhibit A Drawings, specifications and documents used to prepare the GMP

Platt Middle School November 3, 2025

6500 East Arapahoe Road | Boulder, Colorado 80303 | 720-561-5930 | www.bond.bvsd.org

Platt Middle School Upgrades - Exhibit A: Documents and Specifications Drawing Index Eidos 100% CD Drawings dated September 12, 2025 Addendum No. 1 dated October 8, 2025 General A0.0 Cover Sheet A0.1 2017 Code Review (For Reference Only) A0.2 2017 Code Review (For Reference Only) A0.3 Site Survey Architecture/Civil AC1.0 Site Plan AC1.1 Enlarged South Entrance Plan (Alt. #7) and Partial Main Level Code Plan Civil C0.1 General Legend Notes and Abb. C0.2 Demolition Plan C1.0 Civil Site Plan CD1.0 Site Details CD1.1 Site Details Architecture A1.0 Overall Floor Plan & Exterior Sealant Replacement A1.1 Floor Plans Area A A1.2 Floor Plans Area B A1.3 Floor Plans Area C A1.4 Floor Plans Area D A2.0 FCS & Recording Studio Enlarged Floor Plans and Reflected Ceiling Plans A2.1 Applied Tech Lab Enlarged Floor Plan, RCP and Int. Elevs. A2.2 Restrooms 438 and 440 Demo. Plans, Enlarged Floor Plans, RCPs and Interior Elevations A2.3 Restrooms 125, 127 & 325 Demo. Plans, Enlarged Floor Plans, RCPs and Interior Elevations A2.4 Restrooms 307 and 309 Demo. Plans, Enlarged Floor Plans, RCPs and Interior Elevations A3.0 Door Schedule, Frame Types & Details A4.0 Casework Details & Finish Schedules A5.0 Roof Plan Mechanical M0.0 HVAC Coversheet MD1.1A Main Level Demolition Plan - HVAC - Area A MD1.1B Main Level Demolition Plan - HVAC - Area B MD1.1C Main Level Demolition Plan - HVAC - Area C MD1.1D Main Level Demolition Plan - HVAC - Area D M1.1A Main Level Plan - HVAC - Area A M1.1B Main Level Plan - HVAC - Area B M1.1C Main Level Plan - HVAC - Area C M1.1D Main Level Plan - HVAC - Area D M1.3 Roof Level Plan - HVAC M4.0 HVAC Details M5.0 HVAC Diagrams M6.0 HVAC Schedules Plumbing P0.0 Plumbing Coversheet PD1.0C Underfloor Demolition Plan - Plumbing - Area C PD1.1B Main Level Demolition Plan - Plumbing Area B Platt MS Exhibit A

Page 1 of 4

PD1.1C Main Level Demolition Plan - Plumbing Area C PD1.1D Main Level Demolition Plan - Plumbing Area D P1.0 Underfloor Plan - Plumbing P1.0C Underfloor Plan - Plumbing - Area C P1.1B Main Level Plan - Plumbing - Area B P1.1C Main Level Plan - Plumbing - Area C P1.1D Main Level Plan - Plumbing - Area D P6.0 Plumbing Schedules Electrical E0.0 Electrical Coversheet ED1.1A Main Level Demolition Plan - Electrical - Area A ED1.1B Main Level Demolition Plan - Electrical - Area B ED1.1C Main Level Demolition Plan - Electrical - Area C ED1.1D Main Level Demolition Plan - Electrical - Area D ED1.1E Main Level Demolition Plan - Electrical - Area E E1.1A Main Level Plan - Electrical - Area A E1.1B Main Level Plan - Electrical - Area B E1.1C Main Level Plan - Electrical - Area C E1.1D Main Level Plan - Electrical - Area D E1.1E Main Level Plan - Electrical - Area E E1.3 Roof Level Plan - Electrical E5.0 Electrical Diagrams E6.0 Electrical Schedules E7.0 Electrical Panel Schedules E7.1 Electrical Panel Schedules E7.2 Electrical Panel Schedules E7.3 Electrical Panel Schedules

Specifications Eidos Project Manual dated September 12, 2025 Addendum No. 1 dated October 8, 2025 DIVISION 1 – GENERAL REQUIREMENTS 011000 Summary 1-5 011400 Work Restrictions 1-2 011500 Regulatory Requirements 1-2 012300 Alternates 1-2 012513 Product Substitution Procedures 1-4 012600 Contract Modifications Procedures 1-2 012900 Payment Procedures 1-4 013100 Project Management and Coordination 1-2 013120 Project Meetings 1-3 013200 Construction Progress Documentation 1-8 013233 Photographic Documentation 1-2 013300 Submittal Procedures 1-9 013500 Alteration Project Procedures 1-3 014000 Quality Requirements 1-7 014200 References 1-2 015000 Temporary Facilities and Controls 1-7 015400 Security 1 016000 Product Requirements 1-4 016400 Owner Furnished Products 1-3 017000 Execution Requirements 1-5 017300 Execution 1-13 017329 Cutting and Patching 1-4 017419 Construction Waste Management and Disposal 1-6 017700 Closeout Procedures 1-6 017710 Final Cleaning 1-2 Platt MS Exhibit A

Page 2 of 4

017810 Project Record Documents 1-3 017820 Operation and Maintenance Data 1-7 017900 Demonstration and Training 1-4 Division 2 – Existing Conditions 024119 Selective Demolition 1-7 Division 6 – Wood, Plastic and Composites 064116 Plastic-Laminate-Faced Cabinets 1-4 DIVISION 7 – THERMAL AND MOISTURE PROTECTION 078413 Firestopping 1-8 079200 Joint Sealants 1-7 DIVISION 8 – OPENINGS 081213 Hollow Metal Frames 1-5 081416 Flush Wood Doors 1-5 086200 Unit Skylights 1-7 DIVISION 9 – FINISHES 092900 Gypsum Board 1-6 093013 Tiling 1-7 095113 Acoustical Panel Ceilings 1-3 099120 Painting 1-10 099600 High Performance Coatings 1-6 DIVISION 10 – SPECIALTIES 102113.19 Plastic Toilet Compartments 1-3 102800 Toilet, Bath, and Laundry Accessories 1-4 DIVISION 12 – FURNISHINGS 122413 Roller Window Shades 1-5 123661.16 Solid Surfacing Countertops and Window Sills 1-3 DIVISION 22 – PLUMBING 220500 Basic Plumbing Requirements 1-24 220505 Plumbing Demolition for Remodeling 1-3 224000 Plumbing Fixtures 1-6 DIVISION 23 – HEATING VENTILATING AND AIR CONDITIONING 230500 Basic HVAC Requirements 1-26 230505 HVAC Demolition for Remodeling 1-4 230513 Motors 1-5 230529 HVAC Supports and Anchors 1-12 230548 HVAC Vibration Isolation 1-9 230553 HVAC Identification 1-5 230593 Testing, Adjusting, and Balancing 1-10 230713 Ductwork Insulation 1-5 230719 HVAC Piping Insulation 1-9 230913 Instrumentation 1-4 232100 Hydronic Piping 1-20 232116 Hydronic Specialties 1-6 233100 Ductwork 1-20 233300 Ductwork Accessories 1-8 233423 Power Ventilators 1-5 233700 Air Inlets and Outlets 1-6 237313 Indoor Modular Air Handling Units 1-7 238216 Air Coils 1-4 DIVISION 26 – ELECTRICAL Platt MS Exhibit A

Page 3 of 4

260500 Basic Electrical Requirements 1-32 260503 Through Penetration Firestopping 1-6 260505 Electrical Demolition for Remodeling 1-4 260513 Wire and Cable 1-7 260526 Grounding and Bonding for Electrical Systems 1-3 260527 Supporting Devices 1-2 260533 Conduit and Boxes 1-15 260553 Electrical Identification 1-4 260923 Lighting Control Systems 1-11 262416 Panelboards 1-4 262726 Wiring Devices 1-3 262816 Disconnect Switches 1-2 265119 LED Lighting 1-5 Division 31 – Earthwork 310000 Earthwork 1-25 312500 Erosion and Sedimentation Controls 1-6 Division 32 – Exterior Improvements 321200 Flexible Paving 1-15 321300 Rigid Paving 1-12

Platt MS Exhibit A

Page 4 of 4

Exhibit B Assumptions and clarifications made in preparing the GMP

6500 East Arapahoe Road | Boulder, Colorado 80303 | 720-561-5930 | www.bond.bvsd.org

Exhibit C Itemization of the GMP

6500 East Arapahoe Road | Boulder, Colorado 80303 | 720-561-5930 | www.bond.bvsd.org

BVSD Platt MS Estimate Version: Construction Documents,r00 Owner: Boulder Valley School District November 3, 2025

Architect: Eidos Architects

Bond Work

Description Masterformat Level 1 > Masterformat Level 2

CTE

1 LS Amount

02 00 00 Existing Conditions

1 LS Cost/LS

82,062 $

TOTAL

Amount

82,062.00 $

3,000 GSF Cost/LS

3,500 $

Amount

3,500.00 $

Cost/GSF

85,562 $

28.52

04 00 00 Masonry

6,337 $

6,337.00 $

6,337 $

2.11

05 00 00 Metals

2,503 $

2,503.00 $

2,503 $

0.83

06 00 00 Wood, Plastics, and Composites

5,000 $

5,000.00 $

54,638 $

54,638.00 $

59,638 $

19.88

07 00 00 Thermal and Moisture Protection

12,773 $

12,773.00 $

23,007 $

23,007.00 $

35,780 $

11.93

08 00 00 Openings

11,640 $

11,640.00 $

46,723 $

46,723.00 $

58,363 $

19.45

09 00 00 Finishes

161,138 $

161,138.00 $

107,337 $

107,337.00 $

268,475 $

89.49

10 00 00 Specialties

119,757 $

119,757.00

119,757 $

39.92

12 00 00 Furnishings

21 00 00 Fire Suppression

4,357 $

4,357.00

4,357 $

1.45

22 00 00 Plumbing

260,826 $

260,826.00

260,826 $

86.94

23 00 00 HVAC

639,398 $

639,398.00 $

27,091 $

27,091.00 $

666,489 $

222.16

26 00 00 Electrical

726,480 $

726,480.00 $

14,400 $

14,400.00 $

740,880 $

246.96

20,536 $

20,536.00 $

20,536 $

6.85

32 00 00 Exterior Improvements

466,387 $

466,387.00

466,387 $

155.46

Direct Cost Subtotal

2,489,818 $ 2,489,818.00 $

306,072 $

306,072.00 $

2,795,890 $

931.96

27 00 00 Communications

Internal Contingency Contractor Contingency

Subtotal General Liability Builders Risk Performance & Payment Bond

Subtotal 2 Preconstruction Services General Conditions

Subtotal 3 Contractor Fee - 4.45% not on insurance

Subtotal 4

GRAND TOTAL

74,695 $

74,694.54 $

9,182 $

9,182.16 $

83,877 $

27.96

2,564,513 $

2,564,512.54 $

315,254 $

315,254.16 $

2,879,767 $

959.92

$ $ $

31,142 $ 1,847 $ 22,649 $

31,141.80 $ 1,847.00 $ 22,648.58 $

3,828 $ 696 $ 2,784 $

3,828.24 $ 696.04 $ 2,784.18 $

34,970 $ 2,543 $ 25,433 $

11.66 0.85 8.48

2,620,150 $

2,620,149.92 $

322,563 $

322,562.63 $

2,942,712 $

980.90

89,040 $

89,040.32 $

10,946 $

10,945.68 $

99,986 $

33.33

2,709,190 $

2,709,190.24 $

333,508 $

333,508.31 $

3,042,698 $

1,014.23

118,067 $

118,067.08 $

14,514 $

14,513.92 $

132,581 $

44.19

2,827,257 $

2,827,257.31 $

348,022 $

348,022.23 $

3,175,279 $

1,058.43

2,827,257 $ 2,827,257.31 $

348,022 $

348,022.23 $

3,175,279 $

1,058.43

Page 1 of 2

BVSD Platt MS Estimate Version: Construction Documents,r00 Owner: Boulder Valley School District November 3, 2025

Architect: Eidos Architects

Bond Work

Description Masterformat Level 1 > Masterformat Level 2

CTE

1 LS Amount

TOTAL

1 LS Cost/LS

Amount

3,000 GSF Cost/LS

ALTERNATES (not included above) Alternate 01 Not Used Alternate 02 Not Used Alternate 03 Replace Irrigation Control Alternate 04 Not Used Alternate 05 Install Crack Seal, Seal Coat, & New Striping at Basketball Court Alternate 06 Not Used Alternate 07 South Parking Lot Rework Alternate 08 Not Used Alternate 09 Classroom Carpet Removal/Readherence Alternate 10 Replace Art Room Sinks Alternate 11 Not Used Alternate 12 New Lites in Existing Doors @ Copy room 419 & Work room 431 Alternate 13 Replace Overhead Screen & Projector in Library 611 Alternate 14 Replace East Side Chain Link Fencing

Amount

$ $ $ $ $

Total Alternates Base bid minus Base bid minus Amendment 1

GMP AMENDMENT #2

$ $ $ $ $

20,674 Accepted 27,927 Accepted 246,375 Accepted 51,584 Accepted 19,376 Accepted 2,255 Accepted 5,363 Accepted 48,664 Accepted 422,218 2,382,977

$ 2,805,195

Early Procurement Amendment (Previously awarded)

Page 2 of 2

Cost/GSF

792,302

Exhibit D Contract Schedule Contract Schedule to be provided after amendment & change order for the GMP is executed

6500 East Arapahoe Road | Boulder, Colorado 80303 | 720-561-5930 | www.bond.bvsd.org

Ac vity ID

Ac vity Name

Start

Finish Nov

446

15-Nov-24

30-Aug-26

446

15-Nov-24

30-Aug-26

Project Requirements

446

15-Nov-24

30-Aug-26

SUM-1020

Kick-Oﬀ/Update Mee ng with District Representa ves

15-Nov-24

SUM-1080

Design/Contrac ng Period

368

15-Nov-24

SUM-1120

Early Procurement Approval

01-Jul-25

SUM-1150

GMP Approval

SUM-1030

Contract Approved - GMP - Start Procurement

18-Nov-25

SUM-1060

Spring Break Begins (Start on or A er 3/23/2026)

23-Mar-26*

SUM-1040

Start Construc on (Start on or A er 5/22/2026)

22-May-26*

SUM-1050

Construc on Dura on (Cal. Days)

22-May-26

SUM-1090

Substan al Comple on(Finish On or Before 31-Jul-26)

SUM-1100

Closeout

Pla Middle School - P00G Summary and Milestones (Cal. Days U.N.O)

Dec

Jan

Feb

Mar

Apr

May

2025 Jun Jul

Aug

Sep

Oct

Nov

Jan

Feb

Mar

Apr

May

2026 Jun Jul

Aug

Sep

Oct

Nov

Dec

Design/Contrac ng Period

17-Nov-25 Early Procurement Approval

08-Jul-25

GMP Approval Contract Approved - GMP - Start Procurement Spring Break Begins (Start on or A er 3/23/2026) Start Construc on (Start on or A er 5/22/2026)

31-Jul-26

Construc on Dura on (Cal. Days)

31-Jul-26*

Substan al Comple on(Finish On or Before 31-Jul-26) Closeout

30-Aug-26

SUM-1130

Owner Training(Working Days)

14-Aug-26

Owner Training(Working Days)

SUM-1140

School Ready for Classes

14-Aug-26

School Ready for Classes

SUM-1110

Final Comple on

30-Aug-26

Final Comple on

03-Aug-26

Preconstruc on (Work Days U.N.O)

342

15-Nov-24

02-Apr-26

Facility Inves ga ons

158

15-Nov-24

07-Jul-25

PREC-1000

Facility Inves ga ons

15-Nov-24

24-Jan-25

PREC-1010

Research Archived Documents

15-Nov-24

21-Nov-24

Research Archived Documents Ini al Site Walk with Principal

Facility Inves ga ons

PREC-1020

Ini al Site Walk with Principal

20-Nov-24

PREC-1030

Generate Background Drawings

22-Nov-24

21-Jan-25

PREC-1040

Scope Discussion on Site with Design Team and representa ves from 1 BVSD

13-Jan-25

PREC-1260

BVSD electrical inves ga on for Insulated wire

23-Jun-25

07-Jul-25

Conceptual Planning and Schema c Design

22-Jan-25

08-Apr-25

PREC-1050

DAT Mee ng #1

22-Jan-25

PREC-1060

Concept Planning

23-Jan-25

29-Jan-25

Concept Planning

PREC-1070

User Group Mee ngs – FCS, Music, Makerspace

30-Jan-25

31-Jan-25

User Group Mee ngs – FCS, Music, Makerspace

PREC-1080

Complete Schema c Design Drawings and Narra ve

03-Feb-25

14-Mar-25

PREC-1090

Present Schema c Design Package to Representa ves of BVSD

17-Mar-25

08-Apr-25

Present Schema c Design Package to Representa ves of BVSD

PREC-1100

SD Pricing by CM/GC

17-Mar-25

04-Apr-25

SD Pricing by CM/GC

Design Development

07-Apr-25

25-Jun-25

PREC-1110

07-Apr-25

18-Apr-25

Fine Tuning Details for the Scope of Work DAT Mee ng #2: Focused Feedback

Fine Tuning Details for the Scope of Work

Generate Background Drawings Scope Discussion on Site with Design Team and representa ves from BVSD BVSD electrical inves ga on for Insulated wire DAT Mee ng #1

Complete Schema c Design Drawings and Narra ve

PREC-1120

DAT Mee ng #2: Focused Feedback

07-Apr-25

16-Apr-25

PREC-1130

Present Design Development Package to Representa ves of BVSD

07-May-25*

13-May-25

PREC-1140

DD Pricing by CM/GC (Bid Pack #1)

07-May-25

28-May-25

PREC-1330

Contract Amendment for Early Release

29-May-25

11-Jun-25

PREC-1170

Release Trades for Long Lead Items Begins

12-Jun-25

25-Jun-25

50% Construc on Documents

14-May-25

20-Jun-25

PREC-1150

50% Construc on Documents

14-May-25

13-Jun-25

50% Construc on Documents

PREC-1200

50% CD Review with BVSD

16-Jun-25

20-Jun-25

50% CD Review with BVSD

90% Construc on Documents

23-Jun-25

01-Aug-25

PREC-1210

90% Construc on Documents

23-Jun-25

25-Jul-25

90% Construc on Documents

PREC-1220

90% CD Review with BVSD

28-Jul-25

01-Aug-25

90% CD Review with BVSD

100% Construc on Documents

04-Aug-25

15-Oct-25

PREC-1230

04-Aug-25

12-Sep-25

100% Construc on Documents

2027 Jan Feb

Kick-Oﬀ/Update Mee ng with District Representa ves

17-Nov-25

01-Aug-26

Dec

Remaining Work

Actual Work

Impacts

Milestone

Negative (<0 TF)

Near Critical (1-10 TF)

Impacted

Critical Milestone

Critical Work

Actual Level of Effort

Summary

Present Design Development Package to Representa ves of BVSD DD Pricing by CM/GC (Bid Pack #1) Contract Amendment for Early Release Release Trades for Long Lead Items Begins

100% Construc on Documents

Platt Middle School - P00G All Activities

Run Date :07-Nov-25 Data Date: 15-Nov-24 Page 1 of 5

Ac vity ID

Ac vity Name

Start

Finish Nov

Dec

Jan

Feb

Mar

Apr

May

2025 Jun Jul

Aug

Sep

Oct Nov Dec Jan Review Addendum #1

Feb

Mar

Apr

May

2026 Jun Jul

Aug

PREC-1340

Review Addendum #1

15-Sep-25

08-Oct-25

PREC-1240

100% CD Review with BVSD

09-Oct-25

15-Oct-25

Bidding/GMP Finaliza on - Enabling Work

136

15-Sep-25

02-Apr-26

PREC-1250

Bidding (Guaranteed Maximum Price)

15-Sep-25

21-Oct-25

Bidding (Guaranteed Maximum Price)

PREC-1270

GMP Docuemnts to BVSD

03-Nov-25

17-Nov-25

GMP Docuemnts to BVSD

PREC-1280

GMP Amendment to District Board of Educa on

18-Nov-25

24-Nov-25

GMP Amendment to District Board of Educa on

PREC-1290

Process Shop Drawings and Submi als

25-Nov-25

26-Mar-26

PREC-1300

Poten al Hazardous Material Mi ga on Work (if needed)

27-Mar-26*

02-Apr-26

Design/Es ma ng

15-Sep-25

17-Nov-25

Pricing/Bidding and Value Engineering for GMP

15-Sep-25

17-Nov-25

PREC-1310

GC Develop GMP

15-Sep-25

21-Oct-25

GC Develop GMP

PREC-1350

Review GMP

22-Oct-25

31-Oct-25

Review GMP

PREC-1320

Approve GMP

03-Nov-25

17-Nov-25

Permi ng

16-Oct-25

15-Jan-26

Building Permit Process

16-Oct-25

15-Jan-26

OPDes-1120

Building Permit 1st Review

16-Oct-25

12-Dec-25

Building Permit 1st Review

OPDes-1190

Resubmit Building Permit

15-Dec-25

19-Dec-25

Resubmit Building Permit

OPDes-1200

Building Permit Resubmi al Review

22-Dec-25

08-Jan-26

Building Permit Resubmi al Review

OPDes-1230

Finalize Permit Comments

09-Jan-26

15-Jan-26

Finalize Permit Comments

Cri cal Material Procurement (Work Days U.N.O)

224

26-Jun-25

19-May-26

Div. 22 - Plumbing

112

18-Nov-25

04-May-26

223000 - Plumbing Equipment

112

18-Nov-25

04-May-26

SBMTL-1190

Prepare & Provide Contract / Le er of Intent (LOI)

18-Nov-25

17-Dec-25

Prepare & Provide Contract / Le er of Intent (LOI)

SBMTL-1760

Sub Prepare & Provid eData / Drawings

18-Dec-25

13-Jan-26

Sub Prepare & Provid eData / Drawings

SBMTL-2330

SB Review & Submit Data / Drawings

14-Jan-26

21-Jan-26

SB Review & Submit Data / Drawings

SBMTL-2900

A/E Review Data / Drawings

22-Jan-26

04-Feb-26

A/E Review Data / Drawings

SBMTL-3470

Incorporate Comments & Submit Revised Data / Drawings

05-Feb-26

19-Feb-26

SBMTL-4040

A/E Review & Approve Fin al Data / Drawings

20-Feb-26

05-Mar-26

A/E Review & Approve Fin al Data / Drawings

SBMTL-4610

Release Materials

06-Mar-26

09-Mar-26

Release Materials

SBMTL-5180

Fabricate & Deliver Materials

10-Mar-26

04-May-26

Div. 23 - Hea ng, Ven la on, & Air-Condi oning (HVAC)

224

26-Jun-25

19-May-26

152

26-Jun-25

05-Feb-26

Poten al Hazardous Material Mi ga on Work (if needed)

Approve GMP

Incorporate Comments & Submit Revised Data / Drawings

Fabricate & Deliver Materials

26-Jun-25

24-Jul-25

Prepare & Provide Contract / Le er of Intent (LOI)

SBMTL-5200

Sub Prepare & Provid eData / Drawings

25-Jul-25

14-Aug-25

Sub Prepare & Provid eData / Drawings

SBMTL-5210

SB Review & Submit Data / Drawings

15-Aug-25

21-Aug-25

SB Review & Submit Data / Drawings

SBMTL-5220

A/E Review Data / Drawings

22-Aug-25

05-Sep-25

A/E Review Data / Drawings

SBMTL-5230

Incorporate Comments & Submit Revised Data / Drawings

08-Sep-25

19-Sep-25

SBMTL-5240

A/E Review & Approve Fin al Data / Drawings

22-Sep-25

03-Oct-25

A/E Review & Approve Fin al Data / Drawings

SBMTL-5250

Release Materials

06-Oct-25

07-Oct-25

Release Materials

SBMTL-5260

Fabricate & Deliver Materials

08-Oct-25

05-Feb-26

152

26-Jun-25

05-Feb-26

Incorporate Comments & Submit Revised Data / Drawings

Fabricate & Deliver Materials

SBMTL-1160

Prepare & Provide Contract / Le er of Intent (LOI)

26-Jun-25

24-Jul-25

Prepare & Provide Contract / Le er of Intent (LOI)

SBMTL-1730

Sub Prepare & Provid eData / Drawings

25-Jul-25

14-Aug-25

Sub Prepare & Provid eData / Drawings

SBMTL-2300

SB Review & Submit Data / Drawings

15-Aug-25

21-Aug-25

SB Review & Submit Data / Drawings

SBMTL-2870

A/E Review Data / Drawings

22-Aug-25

05-Sep-25

A/E Review Data / Drawings

SBMTL-3440

Incorporate Comments & Submit Revised Data / Drawings

08-Sep-25

19-Sep-25

SBMTL-4010

A/E Review & Approve Fin al Data / Drawings

22-Sep-25

03-Oct-25

Actual Work

Impacts

Milestone

Negative (<0 TF)

Near Critical (1-10 TF)

Impacted

Critical Milestone

Critical Work

Actual Level of Effort

Summary

Nov

Process Shop Drawings and Submi als

Prepare & Provide Contract / Le er of Intent (LOI)

Remaining Work

Oct

100% CD Review with BVSD

SBMTL-5190

AHU

Sep

Incorporate Comments & Submit Revised Data / Drawings A/E Review & Approve Fin al Data / Drawings

Platt Middle School - P00G All Activities

Run Date :07-Nov-25 Data Date: 15-Nov-24 Page 2 of 5

Dec

2027 Jan Feb

Ac vity ID

Ac vity Name

Start

Finish Nov

SBMTL-4580

Release Materials

06-Oct-25

07-Oct-25

SBMTL-5150

Fabricate & Deliver Materials

08-Oct-25

05-Feb-26

167

17-Sep-25

19-May-26

RTU

Dec

Jan

Feb

Mar

Apr

May

2025 Jun Jul

Aug

Sep

Oct Nov Dec Release Materials

Jan

Feb

Mar

Apr

2026 Jun Jul

May

17-Sep-25

14-Oct-25

SBMTL-1720

Sub Prepare & Provid eData / Drawings

15-Oct-25

11-Nov-25

Sub Prepare & Provid eData / Drawings

SBMTL-2290

SB Review & Submit Data / Drawings

12-Nov-25

18-Nov-25

SB Review & Submit Data / Drawings

SBMTL-2860

A/E Review Data / Drawings

19-Nov-25

04-Dec-25

A/E Review Data / Drawings

SBMTL-3430

Incorporate Comments & Submit Revised Data / Drawings

05-Dec-25

18-Dec-25

SBMTL-4000

A/E Review & Approve Fin al Data / Drawings

19-Dec-25

07-Jan-26

A/E Review & Approve Fin al Data / Drawings

SBMTL-4570

Release Materials

08-Jan-26

09-Jan-26

Release Materials

SBMTL-5140

Fabricate & Deliver Materials

12-Jan-26

19-May-26

Div. 26 - Electrical

137

17-Sep-25

07-Apr-26

262213 - Low-Voltage Distribu on Transformers

112

17-Sep-25

03-Mar-26

SBMTL-1130

Prepare & Provide Contract / Le er of Intent (LOI)

17-Sep-25

14-Oct-25

Prepare & Provide Contract / Le er of Intent (LOI)

SBMTL-1700

Sub Prepare & Provid eData / Drawings

15-Oct-25

04-Nov-25

Sub Prepare & Provid eData / Drawings

SBMTL-2270

SB Review & Submit Data / Drawings

05-Nov-25

11-Nov-25

SB Review & Submit Data / Drawings

SBMTL-2840

A/E Review Data / Drawings

12-Nov-25

25-Nov-25

A/E Review Data / Drawings

SBMTL-3410

Incorporate Comments & Submit Revised Data / Drawings

26-Nov-25

11-Dec-25

SBMTL-3980

A/E Review & Approve Fin al Data / Drawings

12-Dec-25

29-Dec-25

A/E Review & Approve Fin al Data / Drawings

SBMTL-4550

Release Materials

30-Dec-25

31-Dec-25

Release Materials

SBMTL-5120

Fabricate & Deliver Materials

05-Jan-26

03-Mar-26

262413 - Distribu on Switchboards

137

17-Sep-25

07-Apr-26

SBMTL-1120

Prepare & Provide Contract / Le er of Intent (LOI)

17-Sep-25

07-Oct-25

Prepare & Provide Contract / Le er of Intent (LOI)

SBMTL-1690

Sub Prepare & Provid eData / Drawings

08-Oct-25

28-Oct-25

Sub Prepare & Provid eData / Drawings

SBMTL-2260

SB Review & Submit Data / Drawings

29-Oct-25

04-Nov-25

SB Review & Submit Data / Drawings

SBMTL-2830

A/E Review Data / Drawings

05-Nov-25

18-Nov-25

A/E Review Data / Drawings

SBMTL-3400

Incorporate Comments & Submit Revised Data / Drawings

19-Nov-25

25-Nov-25

Incorporate Comments & Submit Revised Data / Drawings

SBMTL-3970

A/E Review & Approve Fin al Data / Drawings

26-Nov-25

11-Dec-25

A/E Review & Approve Fin al Data / Drawings

SBMTL-4540

Release Materials

12-Dec-25

15-Dec-25

Release Materials

SBMTL-5110

Fabricate & Deliver Materials

16-Dec-25

07-Apr-26

262416 - Panelboards

137

17-Sep-25

07-Apr-26

SBMTL-1110

Prepare & Provide Contract / Le er of Intent (LOI)

17-Sep-25

07-Oct-25

Prepare & Provide Contract / Le er of Intent (LOI)

SBMTL-1680

Sub Prepare & Provid eData / Drawings

08-Oct-25

28-Oct-25

Sub Prepare & Provid eData / Drawings

SBMTL-2250

SB Review & Submit Data / Drawings

29-Oct-25

04-Nov-25

SB Review & Submit Data / Drawings

SBMTL-2820

A/E Review Data / Drawings

05-Nov-25

18-Nov-25

A/E Review Data / Drawings

SBMTL-3390

Incorporate Comments & Submit Revised Data / Drawings

19-Nov-25

25-Nov-25

Incorporate Comments & Submit Revised Data / Drawings

SBMTL-3960

A/E Review & Approve Fin al Data / Drawings

26-Nov-25

11-Dec-25

A/E Review & Approve Fin al Data / Drawings

SBMTL-4530

Release Materials

12-Dec-25

15-Dec-25

Release Materials

SBMTL-5100

Fabricate & Deliver Materials

16-Dec-25

07-Apr-26

262816 - Switches, Fuses, & Circuit Breakers

132

17-Sep-25

31-Mar-26

SBMTL-1090

Prepare & Provide Contract / Le er of Intent (LOI)

17-Sep-25

14-Oct-25

Prepare & Provide Contract / Le er of Intent (LOI)

SBMTL-1660

Sub Prepare & Provid eData / Drawings

15-Oct-25

04-Nov-25

Sub Prepare & Provid eData / Drawings

SBMTL-2230

SB Review & Submit Data / Drawings

05-Nov-25

11-Nov-25

SB Review & Submit Data / Drawings

SBMTL-2800

A/E Review Data / Drawings

12-Nov-25

25-Nov-25

A/E Review Data / Drawings

SBMTL-3370

Incorporate Comments & Submit Revised Data / Drawings

26-Nov-25

11-Dec-25

SBMTL-3940

A/E Review & Approve Fin al Data / Drawings

12-Dec-25

29-Dec-25

A/E Review & Approve Fin al Data / Drawings

SBMTL-4510

Release Materials

30-Dec-25

31-Dec-25

Release Materials

SBMTL-5080

Fabricate & Deliver Materials

05-Jan-26

31-Mar-26

Impacts

Milestone

Negative (<0 TF)

Near Critical (1-10 TF)

Impacted

Critical Milestone

Critical Work

Actual Level of Effort

Summary

Oct

Nov

Prepare & Provide Contract / Le er of Intent (LOI)

Actual Work

Sep

Fabricate & Deliver Materials

SBMTL-1150

Remaining Work

Aug

Incorporate Comments & Submit Revised Data / Drawings

Fabricate & Deliver Materials

Incorporate Comments & Submit Revised Data / Drawings

Fabricate & Deliver Materials

Incorporate Comments & Submit Revised Data / Drawings

Fabricate & Deliver Materials

Platt Middle School - P00G All Activities

Run Date :07-Nov-25 Data Date: 15-Nov-24 Page 3 of 5

Dec

2027 Jan Feb

Ac vity ID

Ac vity Name

Start

Finish Nov

Dec

Jan

Feb

Mar

Apr

May

2025 Jun Jul

Aug

Sep

Oct

Nov

Dec

Jan

Feb

Mar

Apr

May

2026 Jun Jul

Aug

Sep

GC Enabling Work(Over Holiday and Spring Spreak)

22-Dec-25

20-Mar-26

HGP1-1330

Site Inves ga on/Survey

22-Dec-25

20-Mar-26

Site Inves ga on/Survey

HGP1-1340

Enabling Work/Install Infrastructure

16-Mar-26

20-Mar-26

Enabling Work/Install Infrastructure

Construc on

23-Mar-26

31-Jul-26

Spring Break Work

23-Mar-26

17-Jun-26

BINT-1010

Alternate 10 - Replace 2 Sinks in Art Room CR507

23-Mar-26

27-Mar-26

Alternate 10 -Replace 2 Sinks in Art Room CR507

BEXT-1000

Replace Damaged Skylight

Oct

Nov

Dec

2027 Jan Feb

30-Mar-26

03-Apr-26

Site Improvements

23-Mar-26

17-Jun-26

SITE-1070

Replace Gate Post Between BasketballCourt and South Parking Lot

23-Mar-26

27-Mar-26

SITE-1080

Alternate 3 - Replace Irriga on controls

04-Jun-26

10-Jun-26

Alternate 3 - Replace Irriga on controls

SITE-1110

Alternate 5 - Install Crack Seal, Seal Coat, and Striping at Basketball Courts 5

11-Jun-26

17-Jun-26

Alternate 5 - Install Crack Seal, Seal Coat, and Striping at Basketball Courts

23-Mar-26

01-Apr-26

Demo

Replace Gate Post Between BasketballCourt and South Parking Lot

SITE-1000

Demo and Replace Exis ng Fence on West Side

23-Mar-26

27-Mar-26

Demo and Replace Exis ng Fence on West Side

SITE-1010

Demo and Replace Exis ng Fence on East Side

26-Mar-26

01-Apr-26

Demo and Replace Exis ng Fence on East Side

22-May-26

03-Jun-26

Mobiliza on MOB-1000

Mobiliza on

22-May-26

27-May-26

Mobiliza on

MOB-1010

Install Temp Services

28-May-26

03-Jun-26

Install Temp Services

Site Work

28-May-26

08-Jul-26

Parking Lots

28-May-26

08-Jul-26

SITE-1130

Demo for New Raised Crosswalk at Main Entrance

28-May-26

Demo for New Raised Crosswalk at Main Entrance

SITE-1140

Demo Por on of South Lot, Steps, and Sid ewalk

29-May-26

01-Jun-26

Demo Por on of South Lot, Steps, and Sid ewalk

SITE-1020

New Raised Crosswalk at Main Entrance

02-Jun-26

09-Jun-26

New Raised Crosswalk at Main Entrance

SITE-1030

Asphalt Mill and Overlay at West Lot

10-Jun-26

23-Jun-26

Asphalt Mill and Overlay at West Lot

SITE-1050

Asphalt Mill and Overlay at South Lot

24-Jun-26

02-Jul-26

Asphalt Mill and Overlay at South Lot

SITE-1040

New Striping

06-Jul-26

08-Jul-26

South Lot Accessibility (Alternate 7)

28-May-26

25-Jun-26

SITE-1150

Install 4' Wide Concrete Pan

28-May-26

03-Jun-26

SITE-1090

Regrade and Pave

04-Jun-26

12-Jun-26

Regrade and Pave

SITE-1100

Striping

15-Jun-26

Striping

SITE-1120

Install Steps

16-Jun-26

23-Jun-26

Install Steps

SITE-1160

Install Handrails

24-Jun-26

25-Jun-26

Install Handrails

Building Exterior

26-May-26

01-Jun-26

BEXT-1010

26-May-26

01-Jun-26

Building Interiors

27-May-26

27-Jul-26

BINT-1170

Demo

28-May-26

03-Jun-26

Demo

BINT-1180

Steel Lintel Install (Mul ple Loca ons)

01-Jun-26

03-Jun-26

Steel Lintel Install (Mul ple Loca ons)

BINT-1020

Alternate 12 - Install New Lites in Exis ng Doors at Rooms 419 and 4314

04-Jun-26

09-Jun-26

Alternate 12 - Install New Lites in Exis ng Doors at Rooms 419 and 431

BINT-1190

Alternate 9 - Owner Equipment to be Moved out of Rooms

04-Jun-26

08-Jun-26

Alternate 9 - Owner Equipment to be Moved out of Rooms

BINT-1030

Replace Overhead Screen and Projects in Library 611

08-Jun-26

12-Jun-26

Replace Overhead Screen and Projects in Library 611

BINT-1000

Alternate 9 - Remove and Re-Adhere Carpet in Mul ple Rooms

09-Jun-26

21-Jul-26

Restroom Renova ons

27-May-26

27-Jul-26

BINT-1200

27-May-26

02-Jun-26

Demo

Exterior Sealant Replacement

Demo

Install 4' Wide Concrete Pan

Exterior Sealant Replacement

Alternate 9 - Remove and Re-Adhere Carpet in Mul ple Rooms

BINT-1210

Demo Underground Plumbing

27-May-26

29-May-26

Demo Underground Plumbing

BINT-1220

Plumbing Underground Pour Back

01-Jun-26

03-Jun-26

Plumbing Underground Pour Back

BINT-1050

Miracle Method Paint

04-Jun-26

10-Jun-26

Miracle Method Paint

BINT-1060

Install New Tile

11-Jun-26

01-Jul-26

Install New Tile

Remaining Work

Actual Work

Impacts

Milestone

Negative (<0 TF)

Near Critical (1-10 TF)

Impacted

Critical Milestone

Critical Work

Actual Level of Effort

Summary

Platt Middle School - P00G All Activities

Run Date :07-Nov-25 Data Date: 15-Nov-24 Page 4 of 5

Ac vity ID

Ac vity Name

Start

Finish Nov

Dec

Jan

Feb

Mar

Apr

May

2025 Jun Jul

Aug

Sep

Oct

Nov

Dec

Jan

Feb

Mar

Apr

May

2026 Jun Jul

Nov

Dec

2027 Jan Feb

BINT-1040

Install Toilet Par ons

02-Jul-26

14-Jul-26

Aug Sep Oct Install Toilet Par ons

BINT-1230

Install Vani es

07-Jul-26

13-Jul-26

Install Vani es

BINT-1070

Install New Fixtures Like for Like

14-Jul-26

27-Jul-26

Install New Fixtures Like for Like

BINT-1080

Install New Ligh ng

15-Jul-26

21-Jul-26

Install New Ligh ng

BINT-1240

Trim Out

22-Jul-26

23-Jul-26

Trim Out

CTE Renova ons

04-Jun-26

14-Jul-26

BINT-1090

Install Window at Recording Studio

04-Jun-26

08-Jun-26

Install Window at Recording Studio

BINT-1250

MEP Rough-In (Electrical Modiﬁca ons for Added Receptacles)

08-Jun-26

15-Jun-26

MEP Rough-In (Electrical Modiﬁca ons for Added Receptacles)

09-Jun-26

22-Jun-26

BINT-1100

Install New Doors with Lites

09-Jun-26

15-Jun-26

Install New Doors with Lites

BINT-1110

Install New Casework

16-Jun-26

22-Jun-26

Install New Casework

BINT-1120

Install New Portable Dust Collec on System

17-Jun-26

19-Jun-26

Install New Portable Dust Collec on System

Family and Consumer Science

19-Jun-26

14-Jul-26

BINT-1130

19-Jun-26

25-Jun-26

Overhead Projec on Screen and Camera Install New Dishwasher

Maker Space

Overhead Projec on Screen and Camera

BINT-1140

Install New Dishwasher

22-Jun-26

24-Jun-26

BINT-1150

Install Casework Modiﬁ ca ons

25-Jun-26

09-Jul-26

Install Casework Modiﬁ ca ons

BINT-1160

Trim Out

10-Jul-26

14-Jul-26

Trim Out

Mechanical and Electrical (General)

28-May-26

13-Jul-26

ME-1080

Demo

28-May-26

03-Jun-26

ME-1010

Install New AHU, EF, Mixing Box, and Heat Wheel

04-Jun-26

09-Jul-26

Install New AHU, EF, Mixing Box, and Heat Wheel Install New Cabinet Unit Heater and Hea ng Water Convectors

ME-1020

Install New Cabinet Unit Heater and Hea ng Water Convectors

11-Jun-26

17-Jun-26

ME-1050

Electrical Rough-In

16-Jun-26

07-Jul-26

Demo

Electrical Rough-In New Panelboards and Distribu on Switchboard

ME-1000

New Panelboards and Distribu on Switchboard

22-Jun-26

26-Jun-26

ME-1090

BAC Modiﬁca ons/Tie Ins

29-Jun-26

06-Jul-26

BAC Modiﬁca ons/Tie Ins

ME-1100

Equipment Start Up

07-Jul-26

13-Jul-26

Equipment Start Up

Building Commissioning, Final Inspec ons, & Punchlist

14-Jul-26

31-Jul-26

HGP1-1280

Startup and Tes ng/Cx

15-Jul-26

17-Jul-26

HGP1-1350

Owner/Architect Punch

22-Jul-26

28-Jul-26

Closeout Inspec ons

14-Jul-26

31-Jul-26

A1000

Electrical Final Inspec on

14-Jul-26

15-Jul-26

A1010

Plumbing Final Inspec on

24-Jul-26

27-Jul-26

Plumbing Final Inspec on

A1020

Mechanical Final Inspec on

27-Jul-26

28-Jul-26

Mechanical Final Inspec on

A1030

Fire Final Inspec on

28-Jul-26

29-Jul-26

Fire Final Inspec on

HGP1-1310

Final Building / AHJ Sign-Oﬀs

30-Jul-26

31-Jul-26

Final Building / AHJ Sign-Oﬀs

Remaining Work

Actual Work

Impacts

Milestone

Negative (<0 TF)

Near Critical (1-10 TF)

Impacted

Critical Milestone

Critical Work

Actual Level of Effort

Summary

Startup and Tes ng/Cx Owner/Architect Punch Electrical Final Inspec on

Platt Middle School - P00G All Activities

Run Date :07-Nov-25 Data Date: 15-Nov-24 Page 5 of 5

Exhibit E Insurance Certificates to be provided after amendment & change order for the GMP is executed

6500 East Arapahoe Road | Boulder, Colorado 80303 | 720-561-5930 | www.bond.bvsd.org

Exhibit F Performance Bond to be provided after amendment & change order for the GMP is executed

6500 East Arapahoe Road | Boulder, Colorado 80303 | 720-561-5930 | www.bond.bvsd.org

Exhibit G Labor and Materials Payment Bond to be provided after amendment & change order for the GMP is executed

6500 East Arapahoe Road | Boulder, Colorado 80303 | 720-561-5930 | www.bond.bvsd.org

Exhibit H Alternates prices not for the amendment usedused for the amendment

6500 East Arapahoe Road | Boulder, Colorado 80303 | 720-561-5930 | www.bond.bvsd.org

Exhibit I Unit prices not used for this amendment

6500 East Arapahoe Road | Boulder, Colorado 80303 | 720-561-5930 | www.bond.bvsd.org

Exhibit J Allowances Not Applicable

6500 East Arapahoe Road | Boulder, Colorado 80303 | 720-561-5930 | www.bond.bvsd.org

Exhibit K Not Applicable

6500 East Arapahoe Road | Boulder, Colorado 80303 | 720-561-5930 | www.bond.bvsd.org

Exhibit L Equipment rental rate schedule

6500 East Arapahoe Road | Boulder, Colorado 80303 | 720-561-5930 | www.bond.bvsd.org

Swinerton Equipment Rates 2025-2026

Item Negative Air Machines Manometer + monthly monitoring service HEPA Vacuum Portable HEPA Scrubber Portable HEPA Cart Grout Pump Concrete Planer-Makita Floor Buffer Chipping Hammer Electric Vibrator - high cycle Total Station Concrete Gang Box Drywall carts Infection Control Panel Concrete Blanket 10'x20' Skillsaw Cordless SDS hammer drill, 1 1/2" (1-1/4in) Router Miter Saw 1/2” drill - corded Screw Shooter Nail Gun Jigsaw Planer Milwakee Portable Backback Vacuum Table Saw Air Monitor Wire Feed Welder-Lincoln SP100 Cutting Torches & Cart Dust Evacuation Fans - 36" Builders level-B20 Truck Trailer Compressor, Hammers, & Hoses Generator - 5KW Storage Trailer Laser level Std Job Box - Knack Model 89 Pallet jack - Manual

Daily $ 35.55 $ 79.30 $ 17.89 $ 25.26 $ 64.04 $ 5.92 $ 8.29 $ 21.31 $ 11.15 $ 7.82 $ 20.71 $ 19.34 $ 5.56 $ 15.75 $ 1.06 $ 6.27 $ 7.43 $ 8.77 $ 6.27 $ 2.35 $ 5.92 $ 5.92 $ 5.92 $ 8.88 $ 6.20 $ 21.78 $ 34.22 $ 31.96 $ 13.02 $ 35.51 $ 21.78 $ 71.03 $ 29.60 $ 50.32 $ 38.48 $ 7.44 $ 26.78 $ 11.89

Weekly $ 106.64 $ 101.95 $ 53.67 $ 75.76 $ 192.11 $ 17.76 $ 24.86 $ 63.93 $ 33.48 $ 23.44 $ 62.15 $ 58.02 $ 16.70 $ 47.24 $ 3.19 $ 18.83 $ 22.27 $ 26.29 $ 18.83 $ 7.06 $ 17.76 $ 17.76 $ 17.76 $ 26.64 $ 18.61 $ 65.35 $ 102.64 $ 95.89 $ 39.07 $ 106.55 $ 65.35 $ 213.10 $ 88.80 $ 150.95 $ 115.43 $ 22.31 $ 80.33 $ 35.66

Monthly $ 309.23 $ 295.66 $ 155.66 $ 219.71 $ 557.10 $ 51.50 $ 72.10 $ 185.40 $ 97.07 $ 67.98 $ 180.25 $ 168.25 $ 48.41 $ 136.99 $ 9.27 $ 54.59 $ 64.58 $ 76.22 $ 54.59 $ 20.45 $ 51.50 $ 51.50 $ 51.50 $ 77.25 $ 53.97 $ 189.52 $ 297.67 $ 278.10 $ 113.30 $ 309.00 $ 189.52 $ 617.99 $ 257.50 $ 437.74 $ 334.75 $ 64.71 $ 232.97 $ 103.41

Replacement or Maximum Billing (75% of Cost) $ 2,451.22 $ 2,108.05 $ 551.75 $ 2,328.67 $ 10,027.73 $ 463.49 $ 648.89 $ 1,668.58 $ 873.63 $ 611.81 $ 1,622.23 $ 2,271.43 $ 435.68 $ 1,232.91 $ 83.43 $ 491.30 $ 581.25 $ 685.97 $ 491.30 $ 184.04 $ 463.49 $ 463.49 $ 463.49 $ 695.24 $ 485.74 $ 1,705.66 $ 2,679.00 $ 2,502.87 $ 1,019.69 $ 2,780.96 $ 1,705.66 $ 5,561.93 $ 2,317.47 $ 3,939.70 $ 3,012.71 $ 582.42 $ 2,096.71 $ 930.71

Item Debris Tilt Cart (Trash Buggy) Self-Retracting Lifeline Fall Arrest Harness AED and Cabinet Software BIM Rates per project $0 - $1,500,000 $1,500,001 - $5,000,000 $5,000,001 - $20,000,000 $20,000,001 - $60,000,000 $60,000,001 - $100,000,000 $100,000,001+ Open Space Rates per project $0 - $1,500,000 $1,500,001 - $5,000,000 $5,000,001 - $20,000,000 $20,000,001 - $50,000,000 $50,000,001 - $80,000,000 $800,000,001 - $100,000,001 $100,000,000 - $150,000,000 $150,000,001 - $300,000,000 Field Network Services $0 - $1,500,000 $1,500,001 - $5,000,000 $5,000,001 - $20,000,000 $20,000,001 - $60,000,000 $60,000,001 - $100,000,000 $100,000,001+

Daily $ 12.28 $ 21.57 $ 5.88 $ 24.44 N/A

Weekly $ 36.82 $ 64.71 $ 17.63 $ 73.63 N/A

Monthly $ 106.78 $ 187.67 $ 51.12 $ 213.55 $ 194.67

Replacement or Maximum Billing (75% of Cost) $ 960.99 $ 1,689.01 $ 460.11 $ 1,921.98 N/A

N/A N/A N/A N/A N/A N/A

$ 92.70 $ 257.50 $ 618.00 $ 901.25 $ 1,287.50 $ 1,545.00

N/A N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A N/A N/A

$ 115.36 $ 225.57 $ 391.40 $ 558.26 $ 724.09 $ 945.54 $ 1,148.45 $ 1,457.45

N/A N/A N/A N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A

$ 370.80 $ 453.20 $ 592.25 $ 746.75 $ 1,349.30 $ 1,957.00

N/A N/A N/A N/A N/A N/A

Exhibit M General Conditions of the Contract

6500 East Arapahoe Road | Boulder, Colorado 80303 | 720-561-5930 | www.bond.bvsd.org

BOULDER VALLEY SCHOOL DISTRICT RE-2 BOULDER, COLORADO

GENERAL CONTRACT CONDITIONS BOND PROGRAM

GENERAL CONDITIONS OF THE CONSTRUCTION AGREEMENT GENERAL CONDITIONS OF THE CONSTRUCTION AGREEMENT.................................................................................................... 2 GC 1.00

CONTRACT DOCUMENTS AND DEFINITIONS ............................................................................................................ 1

GC 2.00

REFERENCE STANDARDS .......................................................................................................................................... 2

GC 3.00

DRAWINGS AND SPECIFICATIONS ............................................................................................................................ 2

GC 4.00

ROYALTIES AND PATENTS ........................................................................................................................................ 3

GC 5.00

ITEMS COVERED BY CONTRACT PRICE ..................................................................................................................... 3

GC 6.00

EXECUTION, CORRELATION, INTENT, AND INTERPRETATION OF CONTRACT DOCUMENTS ...................................... 3

GC 7.00

MATERIALS, LABOR, FACILITIES, AND STORAGE....................................................................................................... 4

GC 8.00

PERFORMANCE AND PAYMENT BONDS ................................................................................................................... 5

GC 9.00

PERMITS AND COMPLIANCE WITH STATUTES, RULES, AND REGULATIONS .............................................................. 6

GC 10.00

SURVEYS, BENCHMARKS, MONUMENTS, STAKES, AND MEASUREMENTS ............................................................... 6

GC 11.00

CHANGED CONDITIONS ........................................................................................................................................... 7

GC 12.00

PROTECTION OF PERSONS, WORK AND PROPERTY ................................................................................................. 7

GC 13.00

WORK ON EXISTING BUILDINGS .............................................................................................................................. 8

GC 14.00

CONTRACTOR’S SUPERINTENDENCE AND SUPERVISION .......................................................................................... 8

GC 15.00

SUBSTITUTIONS ....................................................................................................................................................... 9

GC 16.00

SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES ................................................................................................. 9

GC 17.00

CASH ALLOWANCE................................................................................................................................................. 10

GC 18.00

EXPEDITING MATERIALS ........................................................................................................................................ 10

GC 19.00

BLASTING .............................................................................................................................................................. 11

GC 20.00

SOIL TEST REPORT ................................................................................................................................................. 11

GC 21.00

HAZARDOUS MATERIALS ....................................................................................................................................... 11

GC 22.00

DAMAGE TO UTILITIES ........................................................................................................................................... 11

GC 23.00

CHANGES IN THE WORK ........................................................................................................................................ 12

GC 24.00

CLAIMS FOR EXTRA COST....................................................................................................................................... 13

GC 25.00

DELAYS AND EXTENSIONS OF TIME ....................................................................................................................... 13

GC 26.00

ACCESS TO WORK .................................................................................................................................................. 14

GC 27.00

CORRECTION OF WORK ......................................................................................................................................... 14

GC 28.00

OWNER’S RIGHT TO CARRY OUT WORK ................................................................................................................. 16

GC 29.00

OWNER’S RIGHT TO TERMINATE CONTRACT ......................................................................................................... 16

GC 30.00

CONSTRUCTION SCHEDULE AND PROGRESS REPORTS ........................................................................................... 16

GC 31.00

SCHEDULE OF VALUES ........................................................................................................................................... 17

GC 32.00

PAYMENT .............................................................................................................................................................. 17

GC 33.00

INSURANCE ........................................................................................................................................................... 19

GC 34.00

SEPARATE CONTRACTS .......................................................................................................................................... 23

GC 35.00

SUBCONTRACTORS ................................................................................................................................................ 23

GC 36.00

RELATIONS OF CONTRACTOR AND SUBCONTRACTOR ........................................................................................... 24

GC 37.00

CONTRACTORS’ MUTUAL RESPONSIBILITY ............................................................................................................ 25

GC 38.00

CUTTING, PATCHING, AND EXCAVATING ............................................................................................................... 25

GC 39.00

EMPLOYEES ........................................................................................................................................................... 26

GC 40.00

CLEANING UP......................................................................................................................................................... 27

GC 41.00

USE OF PREMISES .................................................................................................................................................. 27

GC 42.00

OCCUPANCY .......................................................................................................................................................... 27

GC 43.00

TEMPORARY OR TRIAL USAGE ............................................................................................................................... 28

GC 44.00

TESTING OF BUILDING SYSTEMS ............................................................................................................................ 28

GC 45.00

LIQUIDATED DAMAGES FOR DELAY IN COMPLETION ............................................................................................. 28

GC 46.00

ACCEPTANCE AND FINAL PAYMENT ....................................................................................................................... 28

GC 47.00

WARRANTIES ON PORTIONS OF THE WORK .......................................................................................................... 29

GC 48.00

CONTRACTOR’S PROJECT GUARANTEE AFTER COMPLETION ................................................................................. 30

GC 49.00

MISCELLANEOUS KEYS, SWITCHES, ETC. ................................................................................................................ 30

GC 50.00

INDEMNIFICATION ................................................................................................................................................ 30

GC 51.00

LABOR DISPUTES ................................................................................................................................................... 31

GC 52.00

LIMITATION OF ACTIONS ....................................................................................................................................... 31

GC 53.00

PREFERENCE FOR COLORADO LABOR, MATERIALS, AND RESIDENT BIDDERS ........................................................ 31

GC 54.00

SALES AND USE TAX............................................................................................................................................... 31

GC 55.00

LIENS ..................................................................................................................................................................... 32

GC 56.00

OWNER’S INSPECTION OF CONTRACTOR’S RECORDS ............................................................................................ 32

GC 57.00

CERTIFICATION BY CONTRACTOR REGARDING PREMISES ACCESS ......................................................................... 32

GC 58.00

CONTRACTOR SAFETY RESPONSIBILITIES ............................................................................................................... 32

GC 59.00

CONTRACTOR ASBESTOS MANAGEMENT AND LEAD PAINT RESPONSIBILITIES ...................................................... 35

GC 60.00

ARCHITECT’S STATUS AND INSPECTIONS ............................................................................................................... 35

GC 61.00

ORAL STATEMENTS................................................................................................................................................ 35

GC 62.00

PROJECT SIGN ........................................................................................................................................................ 36

GC 63.00

HISTORICAL DATA .................................................................................................................................................. 36

GC 64.00

ASSIGNMENT ......................................................................................................................................................... 36

GC 65.00

TIME OF THE ESSENCE ........................................................................................................................................... 36

GC 66.00

DISPUTES ............................................................................................................................................................... 36

GC 67.00

SURVIVAL .............................................................................................................................................................. 36

GC 1.00

CONTRACT DOCUMENTS AND DEFINITIONS

All Work under the Construction Agreement shall be accomplished in accordance with the Contract Documents, which shall consist of the Request for Qualifications, Request for Proposals, Proposal(s), Notice of Award, Notice to Proceed, Performance Bond, Labor and Material Payment Bond, Construction Agreement, General Contract Conditions, Supplementary Conditions, Asbestos Management Plan Contractor Responsibility Form, Drawings and Specifications, tests and engineering data, approved Change Orders, Contractor’s Requests for Payment, Architect’s Certificates, and all addenda issued by the Owner or Architect prior to execution of the Construction Agreement and all modifications issued by the Owner or Architect after execution of the Construction Agreement. With respect to the Contract Documents, the following definitions and understandings shall control: 1.01 “Contract” or “Contract Documents” shall include all of the items enumerated in GC-1.00 above. 1.02 “Owner” shall mean Boulder Valley School District No. RE-2, and shall include its duly authorized representatives. 1.03 “Contractor” shall mean the corporation, company, partnership, firm, entity, or individual named and designated as such in the Construction Agreement, and any persons or entities acting on its behalf. 1.04 “Subcontractor” shall mean any corporation, partnership, entity, or individual having a direct contract with the Contractor or another subcontractor for performing Work and/or furnishing labor or material on the Project covered by the Contract. 1.05 “Architect” shall mean the corporation, partnership, entity or individual named and designated as “architect” or “engineer” in the Construction Agreement, and any persons or entities acting on the Architect’s behalf and within the scope of the particular duties properly entrusted to them in each case. In the event that there is no Architect on the Project, then “Architect” shall refer to Owner and its duly authorized representative. 1.06 “Notice to Contractor” shall be deemed to have been duly served if made in writing and delivered in person to the individual or to a member of the firm or to an officer of the corporation for which it is intended, or if sent by registered or certified mail, to Contractor’s last known business address. 1.07 “The Work” shall mean the construction and services required by the Contract Documents for completion of the Project, and includes all labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations, whether on or off the Project site, and all labor, materials equipment and services provided or to be provided by subcontractors, sub-subcontractors, or any other entity for whom the Contractor is responsible. 1.08 “The Project” is the total construction designed by the Architect of which the Work performed under the Contract Documents may be the whole or a part. 1.09 The “date of final completion” and “finally completed” shall mean the date when construction is certified by the Architect to be finally completed in accordance with the Contract Documents, as modified by any Change Orders processed under the terms of GC-23.00 below and when the Owner has fully accepted the Project for the use for which it was intended. Such date will be set forth on a letter of acceptance issued by the Owner. 1.010 “Drawings” or “plans” shall mean all (a) drawings furnished by the Owner and/or Architect as a basis for the award of Contract and for construction of the Project; (b) supplementary drawings furnished by the Owner and/or Architect to clarify and to define in greater detail the intent of the Contract drawings and specifications; (c) drawings submitted by the successful Contractor as may be required after the Contract is awarded; (d) drawings furnished by the Owner and/or Architect to the Contractor during the progress of the Work; and (e) engineering data and drawings submitted by the Contractor during the progress of the Work, provided such drawings are acceptable to the Architect and Owner. 1

1.011 “Specifications” are the written technical information concerning materials, components, systems, equipment, and manner of installation as indicated on the drawings or plans and which state the quality, performance, and characteristics to be achieved by application of construction methods. 1.012 “Change Order” shall mean a written order to the Contractor signed by the Owner or its authorized agent issued after the execution of the Construction Agreement, authorizing a change in the Work and/or adjustment in the Guaranteed Maximum Price (“GMP”) or the contract time schedule. Each adjustment in the GMP resulting from a Change Order shall clearly separate the amount attributable to the Cost of the Work and the Contractor’s Fee. 1.013 “day” or “days” shall mean calendar days. In computing a period of days, when the ending date is not specified, the first day is excluded and the last day is included. If any deadline falls on a Saturday, Sunday, or federal or Colorado state holiday, such deadline will be extended to the next day that is not a Saturday, Sunday or federal or Colorado state holiday. GC 2.00

REFERENCE STANDARDS

2.01 Reference to the standards of any technical society, organization, or association, or to codes of local or state authorities, shall mean the latest standard, code, specification, or tentative standard adopted and published as of the date of execution of the Construction Agreement, unless specifically stated otherwise. GC 3.00

DRAWINGS AND SPECIFICATIONS

3.01 Ownership of Drawings. All drawings, specifications, and copies thereof furnished by the Architect are the property of the Architect and the Owner, whether or not the Work for which they are made is performed, and are not to be used on other Work except by written agreement with the Architect and the Owner. 3.02 Figured Dimensions to Govern. Dimensions and elevations shown on the drawings shall be accurately followed. No Work shown on the drawings, the dimensions of which are not indicated, shall be executed until necessary dimensions have been obtained from the Architect. 3.03 Contractor to Check Drawings and Schedules. The Contractor shall check and verify all dimensions, elevations, and quantities shown on the drawings and furnished to it by the Architect, and shall notify the Architect of any discrepancy between the drawings and the conditions on the ground, or any error or omission in drawings, or in the layout as given by stakes, points, or instructions that it may discover. Before ordering any material or doing any Work, the Contractor shall verify all measurements concerning the Project and shall be responsible for the correctness of same. No extra charge or compensation shall be allowed on account of any difference between actual dimensions and the measurements indicated on the drawings. Any difference that may be found shall be submitted to the Architect for consideration and written determination before proceeding with the Work. The Contractor shall not be allowed to take advantage of any error or omission in the drawings or Contract Documents. Full written instructions shall be furnished by the Architect should such error or omission be discovered, and the Contractor shall carry out such instructions as if originally specified. 3.04 Detail Drawings and Instructions. The Architect shall furnish with reasonable promptness additional instructions, by means of drawings or otherwise, necessary for the proper execution of the Work. All such drawings and instructions shall be consistent with the Contract Documents. The Work shall be executed in conformity with the Architect’s drawings and instructions, and the Contractor shall do no Work without proper drawings and instructions. 3.05 Drawings and Specifications Available on the Site. The Contractor shall maintain at the Project site for the Owner and the Architect a Project record set of drawings, including addenda, approved shop drawings, Change Orders, and other modifications, with all changes or deviations from the original drawings neatly marked thereon in a contrasting color. The Contractor shall also maintain a Project record set of specifications at the 2

Project site, noting therein by appropriate section the names, models, and other distinguishing characteristics of the materials actually incorporated into the Work. This Project record set of drawings and specifications shall be updated daily as the Project progresses and shall be made available to the Owner and Architect for inspection at all times. Upon final completion of the Work and before final payment, three (3) copies and one (1) electronic of this Project record set of drawings and specifications shall be delivered to the Owner. One (1) copy of this Project record set of drawings and specification shall be delivered to the Architect. 3.06 Laws and Regulations. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the Work as drawn and specified. If the Contractor observes that the drawings and specifications are at variance therewith, it shall promptly notify the Architect in writing, and any necessary adjustments shall be made as provided in the Contract for changes in the Work. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules, or regulations without giving the required notice to the Architect and receiving a written directive to proceed, it shall bear all costs arising therefrom and to correct and/or remedy same. GC 4.00

ROYALTIES AND PATENTS

The Contractor shall pay all royalties and license fees. The Contractor shall defend all suits or claims for infringement of patent rights and shall hold the Owner harmless from any and all liability or loss on account thereof. If the Contractor has information that the process or article specified involves the infringement of a patent, it shall be responsible for any and all liability or loss resulting therefrom unless it promptly furnishes such information to the Architect in writing. GC 5.00

ITEMS COVERED BY CONTRACT PRICE

5.01 Items Supplied by Owner. Owner shall supply the following items for the Project: a. Building Permit; b. Initial Survey; c. Materials Testing Including Soil Testing; d. Third Party Inspections; e. Commissioning; and f. Test and Balance as Required for Commissioning. 5.02 Items Supplied by Contractor. Unless specifically stated otherwise, the Contractor shall accept the compensation stated in the Construction Agreement as full payment for furnishing all the materials, transportation, apparatus, temporary structures, equipment, services, fuel, energy, light, water, labor and tools, and all other things necessary for the complete and proper execution of the Work contemplated by or reasonably implied from the Contract Documents, within the time limits indicated therein. Such amount shall include any loss or damage resulting from the nature of the Work, from the elements or from any unforeseen difficulties that may be encountered; all risks of every description connected with the prosecution of the Work; all expenses incurred in consequence of any suspension or discontinuance of the Work; and all other amounts necessary for completing the Work pursuant to the Contract Documents within the time limits indicated therein. GC 6.00

EXECUTION, CORRELATION, INTENT, AND INTERPRETATION OF CONTRACT DOCUMENTS

6.01 Execution. The Construction Agreement and other Contract Documents shall be signed in multiple copies as directed by the Owner. Within ten (10) days of Notice of Award, the Contractor shall submit to the Owner a minimum of five (5) fully executed original sets of the Construction Agreement; Performance Bond, and Labor and Material Payment Bond with original Power of Attorney; and certificates of required insurance coverage. The date of the Contract for purposes of these documents shall be the date of the Notice of Award letter. The Owner shall execute the Construction Agreement, assemble all copies, and distribute the Contract Documents. The Contractor shall not commence the Work until it receives the Notice to Proceed. All bonds and insurance 3

certificates shall be submitted to the Owner prior to the award of the first subcontract. 6.02 Correlation. By executing the Construction Agreement, the Contractor represents that it has visited the Project site, familiarized itself with the local conditions under which the Work is to be performed, and correlated its observations with the requirements of the Contract Documents. 6.03 Intent. The intention of the Contract Documents is to include all labor and materials, tools, equipment, construction equipment, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work. Materials or Work described in words that, as applied, have a well-known technical or trade meaning shall be held to refer to such recognized meaning. The organization of the specifications into divisions, sections, and articles, as the case may be, and the arrangement of drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. It is intended that even though Work is not covered under any heading, division, section, article, branch, class, or trade of the specifications, it shall nevertheless be supplied if it is required elsewhere in the Contract Documents or is reasonably inferable therefrom as being necessary to produce the intended results. The specifications and drawings are intended to supplement but not necessarily duplicate each other. Any Work exhibited in the one and not in the other shall be executed as if it had been set forth in both, so that the Work will be constructed according to the complete design as determined by the Architect. 6.04 Interpretation. Should anything necessary for a clear understanding of the Work be omitted from the specifications and drawings, or should the requirements appear to be in conflict, the Contractor shall secure written interpretations or instructions from the Architect before proceeding with the Work affected thereby. The Contractor shall secure written interpretations or instructions by submitting the Owner’s form Request for Interpretation to the Architect. Oral requests shall not be acknowledged by the Architect or Owner. Additional costs incurred by the Owner as a result of unnecessary requests made by the Contractor, as determined by the Owner, shall be the responsibility of the Contractor. It is understood and agreed that the Work shall be performed according to the true intent of the Contract Documents. 6.05 Conflict in Interpretation. In the case of discrepancy or in the event of a conflict between the different Contract Documents, the documents shall take precedence in the following order: a. Change Orders; b. Written Amendments to Construction Agreement (including, if applicable, the GMP); c. Construction Agreement; d. General Conditions; e. Drawings and specifications; and f. Bid Documents, including addenda. Where two or more of the Contract Documents are complementary, the more detailed provision shall control over the more general provision. GC 7.00

MATERIALS, LABOR, FACILITIES, AND STORAGE

7.01 Contractor’s Responsibility. Unless otherwise agreed in writing, the Contractor shall provide and pay for all materials, labor, tools, equipment, machinery, transportation, and other facilities necessary for the proper execution and completion of the Work. The Contractor shall provide and pay for all the temporary facilities required to supply all the power, light, water, and heat needed by it and its subcontractors for their Work and shall install and maintain all such facilities in such manner as to protect the public and workers and to conform with any applicable laws and regulations. If temporary heat and/or protection is required for the expeditious prosecution of the Work and before the permanent heating apparatus is available for use, the temporary heating apparatus shall be installed and operated in such a manner that the finish Work and/or construction will not be damaged thereby. Unless otherwise specified, the Contractor shall pay for all the power, light, and water used by it and its subcontractors, without regard to whether such items are metered by temporary or permanent meters. The cutoff date on permanent meters shall be either the agreed date of full occupancy by 4

the Owner or the date of final acceptance of the Project, whichever shall be the earlier date. Upon completion of the Work, the Contractor shall remove all surplus materials, tools and such temporary facilities and structures, furnished by the contractor from the Project site. All debris and rubbish caused by the operations of the contractor shall be removed, and the area occupied during construction activities shall be restored to its original condition, within 48 hours of project completion, unless otherwise directed by the municipality or owner’s representative. 7.02 Materials. Unless otherwise specified, all materials shall be new and both Workmanship and materials shall be of the highest quality. The Contractor shall furnish satisfactory evidence to the Owner as to the kind and quality of materials. Samples shall be furnished, when specified, and the Work shall be in accordance with those samples that have been approved. 7.03 Toilet Facilities. The Contractor shall provide and maintain, in a neat and sanitary condition, adequate temporary toilet facilities for the use of any and all employees engaged on the Work, in strict compliance with the requirements of all applicable codes, regulations, laws, and ordinances. In no event may present toilet facilities of any existing building at the site of the Work be used by employees of the Contractor or its subcontractors. Upon final completion of the Work, the Contractor shall remove all such temporary facilities from the site and disinfect the premises. 7.04 Facilities and Storage. The Contractor shall provide suitable temporary facilities and quarters for workers, as needed, and shall maintain on premises water-tight storage sheds or tool houses for storage of building materials and tools that could be damaged by weather. The Contractor shall allow space for the erection of sheds and provide similar facilities for storage by subcontractors of their materials and tools. Storage of materials shall be confined to the site. These facilities or quarters shall further provide for protection against theft and damage of building materials and tools. Upon final completion of the Work, the Contractor shall remove all such temporary facilities from the site. 7.05 Office Space. The Contractor shall provide adequate, weatherproofed, heated and well- lighted office space at the site of the Work, for use by the Architect and the Owner and their representatives. The Contractor shall also provide telephone service at such office, which shall be available for use by the Architect, the Owner, and their representatives without charge, except for toll calls. 7.06 Quality and Location of Facilities. All of the foregoing facilities shall be of a quality and placed in locations acceptable to the Architect and the Owner. GC 8.00

PERFORMANCE AND PAYMENT BONDS

8.01 Required Bonds. The Contractor shall, within ten (10) days from the Notice of Award furnish bonds to the Owner in the full amount of the contract price, covering both the faithful performance of the Contract and the payment of all obligations for labor and materials arising thereunder, on such customary forms as the Owner may prescribe and with such sureties as it may approve. The amount of the bonds shall be increased, if necessary, to reflect approved changes in the Work that result in an increase in the total cost of the Work plus the Contractor’s fees. Such bonds shall be duly executed by a qualified surety licensed to do business in the State of Colorado, conditioned upon the true and faithful performance of the Contract, and shall provide that if the Contractor or its subcontractors fail to duly pay for any labor, materials, or other supplies used or consumed by such Contractor or its subcontractors in the performance of the Work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, as adjusted by approved Change Orders, and together with interest as provided by law. The performance bond shall additionally guarantee that the Contractor shall remedy any omissions, correct any and all defects, and adjust and make operable all component parts of Work falling under the requirements of the Contract that may be called to the Contractor’s attention within a period of twenty-four (24) months following the date of the letter of acceptance.

8.02 Additional Bond Requirements. The premium for all bonds shall be paid by the Contractor and included in the bid price in the bid proposal. The Owner will accept and approve bonds written by sureties legally authorized to write such bonds in the State of Colorado, provided such surety companies are rated in Best’s Insurance Guide (latest edition), not lower than A- or have Best’s Financial Rating of at least X. If, at any time a surety on such a bond becomes irresponsible or loses its right to do business in the State of Colorado, new bonds shall be provided by an alternate surety licensed to do business in the State and meeting the requirements of this Section 8.00. GC 9.00

PERMITS AND COMPLIANCE WITH STATUTES, RULES, AND REGULATIONS

9.01 Permits. Any local permits, governmental fees, and licenses necessary for the proper execution and completion of the Work shall be secured and paid for by the Contractor. Owner will pay for and secure building permit from Colorado Division of Fire Prevention and Control. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified in writing. The Owner is generally exempt from paying any fee for any building permit issued by any building departments or agencies located in Boulder, Broomfield, and Gilpin Counties, and the Contractor shall see that no building permit fee is paid. The Owner shall negotiate and provide for all electrical, gas, water, and sewer mains for the Contractor’s connections. The Contractor shall arrange with the utility company for actual connection, make necessary connections, and pay for all associated inspection fees and permits as required by any government agency. In addition, the Contractor shall furnish all material and items required to complete all connections. The Contractor shall call for all inspections on a timely basis by any agency having jurisdiction over the Work. 9.02 Compliance with Statutes, Rules and Regulations. The Contractor and all subcontractors shall comply with all applicable federal and state statutes, rules, regulations, and directives of the State Division of Fire Prevention and Control, and other governmental body having jurisdiction over the work to be performed. If any of the provisions of the Contract Documents are in conflict therewith, such portions shall be considered stricken and the applicable statute, ordinance, regulation, or ruling substituted therefor. All such cases of apparent conflict coming to the attention of any party shall immediately be called to the attention of the Owner. The Contractor shall strictly observe and comply with all federal and state laws pertaining to the employment and payment of labor. GC 10.00

SURVEYS, BENCHMARKS, MONUMENTS, STAKES, AND MEASUREMENTS

10.01 Surveys. As provided by the Owner, the Contractor shall obtain from the Architect a copy of all surveys describing property lines, elevation benchmarks, physical characteristics, and utility locations. 10.02 Benchmarks. The Contractor shall properly stake out the Work and provide and rigidly set benchmarks and batter boards as necessary for the proper performance of the Work. The Contractor shall remain responsible for their maintenance and their accuracy. A permanent benchmark, approved as to location and type by the Architect, from which all grades are to be taken, shall be established near the site of the Work by the Contractor. From this benchmark the Contractor shall ascertain all grades and levels to Project buildings as needed. The Contract Documents shall include all necessary information to establish the benchmark. 10.03 Preservation of Monuments and Stakes. The Contractor shall carefully preserve all monuments, benchmarks, property markers, reference points, and stakes. In case of the destruction thereof, the Contractor shall be charged with the expense of replacement and shall be responsible for any mistake or loss of time that may be caused. Permanent monuments and/or benchmarks that must be removed or disturbed shall be protected until properly referenced for relocation. The Contractor shall furnish all materials, labor and assistance for the proper replacement of such monuments and benchmarks. 10.04 Measurements. Before ordering any material or performing any Work, the Contractor shall verify all measurements on the Project and shall be responsible for the accuracy of same. No extra charge or 6

compensation shall be allowed because of any difference between actual dimensions and the measurements indicated in the drawings or specifications. Any discrepancies shall be submitted to the Architect and Owner for consideration before proceeding with the Work. GC 11.00

CHANGED CONDITIONS

The Contractor shall promptly, and before such conditions are disturbed, notify the Owner and the Architect in writing of: (1) sub-surface or latent physical conditions at the Project site differing materially from those indicated in the Contract Documents, or (2) unknown physical conditions at the Project site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract Documents. The Owner and the Architect shall promptly investigate the conditions, and if the Owner finds that such conditions do so materially differ and cause an increase or decrease in the cost of or the time required for performance of the Work, an equitable adjustment shall be made and the Contract modified in writing accordingly. Any claim of the Contractor for adjustment hereunder shall not be allowed unless it has given notice as required. GC 12.00

PROTECTION OF PERSONS, WORK AND PROPERTY

12.01 Building Exits and Barricades. During the course of construction, the Contractor shall keep all required building exits free and unimpeded. Such exits shall not be closed at any time for any reason while the building is occupied or at any time when the building is unoccupied, except after written approval is given by the Owner and proper warning and directional signs are posted. Barricades shall be erected so that traffic is separated and protected from the construction. 12.02 Precautions. The Contractor shall take all necessary precautions to ensure the safety of all employees and other persons on the Project or who may be affected by the Contractor’s Work thereon. The Contractor shall also take all necessary precautions to protect the Work and all temporary facilities, as well as materials, tools, and equipment incorporated therein or to be incorporated therein from damage or destruction, whether in storage on or off the Project site and whether in the custody or control of the Contractor or any of its subcontractors. The Contractor shall also take all necessary precautions to protect all property at the Project site and adjacent thereto not designated for removal, relocation or replacement, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities. 12.03 OSHA Compliance. The Contractor shall comply with all applicable provisions of the Occupational Safety and Health Administration (“OSHA”) and all laws, ordinances, rules, regulations, and orders of all governmental agencies or authorities having jurisdiction to protect the safety of employees and/or other persons who may be affected by the Work. The Contractor shall erect and maintain all necessary safeguards to protect workers on the Project site and the owners and users of adjacent property, and shall post danger signs and other warnings against hazards created by the Work including but not limited to protruding nails, hoists, well holes, elevator shafts, hatchways, scaffolding, window openings, stairways, excavations, and falling materials. The Contractor shall designate a responsible employee at the Project site as a safety officer to ensure the Contractor’s compliance with this section. Said employee shall be the Contractor’s superintendent unless otherwise designated in writing by the Contractor to the Owner and the Architect. 12.04 Contractor’s Liability. The Contractor shall be liable for all injury, damage or loss to any person or property caused in whole or in part by the Contractor, any of its subcontractors, or any person employed by or under the direction of the Contractor or any of its subcontractors. To the extent possible and unless otherwise directed by the Owner or Architect, the Contractor shall promptly repair, pay for or otherwise remedy any such injury, damage or loss and shall indemnify and hold harmless the Owner against any and all liability, claims, damages, losses and expenses arising therefrom. The terms of this section shall not apply in the case of injury, damage or loss proximately caused by the acts or omissions of the Owner and/or Architect and not attributable to any fault or negligence of the Contractor.

12.05 Emergencies. In the event of an emergency that threatens the safety or life of any person or threatens to damage or destroy the Project and/or any Work, materials, equipment or property thereon or to be used thereon, the Contractor shall act at its discretion to prevent such injury, death, damage or destruction. The Contractor shall immediately notify the Owner and Architect in writing of any such emergency and any action taken by the Contractor in response thereto. Any compensation due the Contractor for such emergency action shall be determined by agreement of the Contractor, Owner and Architect, and an appropriate Change Order shall be issued therefor. GC 13.00

WORK ON EXISTING BUILDINGS

13.01 Protection of Occupants. In addition to all other requirements of the Contract Documents, if the Work involves an addition or alteration to an existing building, the Contractor shall erect and maintain during the progress of the Work suitable dustproof partitions to protect such building and the occupants thereof. If necessary, in the Owner’s or Contractor’s judgment or pursuant to manufacturer’s directives or recommendations in order to protect occupants from noxious fumes, odors, or hazardous substances, the Contractor may be required to provide additional ventilation and/or work different or extended hours to avoid disruption to other activities within the existing building. Contractor shall protect and keep from harm all occupants of an existing building from construction activities, and shall include a safe pathway into and out of the school. 13.02 Partitions and Scheduling. If any portions of an existing building are to be remodeled or repaired, such portions shall be adequately partitioned off with dustproof partitions and well ventilated. All remodeling Work shall be scheduled and submitted to the Owner and Architect for approval. The various contractors shall schedule their Work jointly, in order that each may accomplish its Work within such existing building in an orderly fashion during regular school vacation periods where possible, or in such a manner as to permit full use of the building and without impairment of any existing facilities. 13.03 Existing Systems. Existing building systems, such as fire alarm, temperature controls and air distribution, security systems, public announcement systems, irrigation systems, and the like, shall be demonstrated and noted by Owner to the Contractor as operational prior to Contractor’s commencing the Work and Contractor may participate in observation of such systems. Such systems are the responsibility of the Contractor to maintain in pre-construction condition. GC 14.00

CONTRACTOR’S SUPERINTENDENCE AND SUPERVISION

14.01 Superintendent. During the progress of the Work, the Contractor shall ensure that a competent superintendent and any necessary assistants, all satisfactory to the Architect and the Owner, are on the Project site at all times while Work is in progress. The superintendent shall not be changed by the Contractor except with the written consent of the Architect and the Owner, unless the superintendent ceases to be in the Contractor’s employ. The superintendent shall represent the Contractor on the Project and all directions given to him/her shall be as binding as if given to the Contractor. The Architect and the Owner shall not be responsible for the acts or omissions of the superintendent or his/her assistants. 14.02 Supervision. The Contractor shall provide full-time, qualified, and efficient supervision of the Work, using competent skill and attention. The Contractor is responsible for determining and supervising all temporary and permanent erection and construction sequences, techniques, means, or methods. The Contractor shall direct, schedule, coordinate the Work to ensure that all parts fit together properly and in accordance with the Contract Documents. The Contractor shall carefully study and compare all Contract Documents and other instructions and shall at once report to the Architect and the Owner any error, inconsistency, or omission that Contractor may discover. 14.03 Additional Supervision Duties. The Contractor shall see that the Work is carried out in accordance with the Contract Documents and in a thorough and first-class manner in every respect. The Contractor shall 8

provide engineering, surveying, and coordination to accurately establish all lines, levels, and marks necessary to facilitate the operations of all parties involved in the Contractor’s Work. The Contractor shall lay out the Work in a manner satisfactory to the Architect, making permanent records of all lines and levels required for excavation, grading, and foundations, and for all other parts of the Work. The Contractor shall be responsible for the commencement and the proper completion of the various stages and sequences of construction. The Contractor shall strictly adhere to the approved construction schedule. GC 15.00

SUBSTITUTIONS

The Contractor shall be held to have used in its base proposal and to furnish under the Contract those items of equipment and/or materials that are specifically identified in the plans and specifications by a manufacturer’s name, model, or catalog number. Items of equipment and/or materials of the Contractor’s choice may be offered as alternates to the items named in the plans and specifications by submitting, with the proposal and on the form provided, identifying data on the articles proposed together with a statement of the amount of addition or deduction from the base bid if the bidder’s alternate is accepted. Prior approval by the Architect is not required on items submitted as alternate bids. After execution of the Construction Agreement, substitution of equipment and/or materials of makes other than those specifically named in the Contract Documents may be approved by the Owner so long as the equipment or material proposed for substitution in the opinion of the Owner is just as suitable as the equipment and/or materials named in the plans and specifications so far as performance, construction, efficiency, and utility are concerned. A request for substitution shall ordinarily be required to be based upon one or more of the following grounds: the specified equipment or material is no longer available, a substitution will improve lead time, quality will be improved (documented detail required), or the Owner will incur substantial savings. All requests for substitution must be submitted in writing with supporting documentation by or through the Contractor to the Architect for initial review and recommendation before being submitted to the Owner for evaluation and final approval. In the absence of the Owner’s written approval, no substitution of equipment or materials shall be allowed for any items specified in the Contract Documents. In case of a difference in price, occurring as a result of an approved substitution, the Owner shall receive all benefit of the difference in cost involved in the substitution. All approved substitutions shall be documented by the issuance of a formal Change Order as provided in these General Conditions. GC 16.00

SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES

16.01 Shop Drawings. “Shop drawings” are drawings, diagrams, illustrations, schedules, performance charts, brochures, manufacturer’s literature, and other data that are prepared by the Contractor or any subcontractor, manufacturer, supplier, or distributor, and that illustrate some portion of the Work. Shop drawings shall be submitted in both hard copy and electronic format. 16.02 Samples. “Samples” are physical examples furnished by the Contractor to the Owner and/or Architect to illustrate materials, finishes, equipment, or Workmanship, and to establish standards by which the Work will be judged. 16.03 Product Data. “Product data” are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. Product data shall be submitted in both hard copy and electronic format. 16.04 Contractor’s Obligations. The Contractor shall review, approve, stamp an then submit to the Architect shop drawings, product data, samples, and similar submittals required by the Contract Documents with reasonable promptness and in such a sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Shop drawings, product data, samples, and similar submittal required by the Contract Documents shall properly identify specified items. At the time of submission, the Contractor shall inform the Architect in writing of any deviation in the shop drawings, product data, or samples from the requirements of the Contract Documents. Substitutions will be allowed only in accordance with the provisions of GC-15.00. The number of copies and format of submittal shall be as required by the Architect, but, at a 9

minimum, shall include three (3) copies and one (1) electronic copy of the original shop drawings and product data for the Owner. 16.05 Verification. By approving and submitting shop drawings, product data, and samples, the Contractor thereby represents that it has determined and verified all field measurements, field construction criteria, dimensions, elevations, quantities, materials, catalog numbers, and similar data, as shown on the drawings and specifications furnished by the Architect, or will do so, and that it has checked and coordinated each shop drawing, product data, and sample with the requirements of the Work and of the Contract Documents. 16.06 Architect /Owner Review. The Architect shall review and approve shop drawings, product data, and samples with reasonable promptness so as to cause no delay, but only for conformance with the design concept of the Project and with the information given in the Contract Documents. The Architect’s approval of a separate item shall not indicate approval of any assembly in which the item functions. Upon the final completion of the Work, the Contractor shall furnish to the Architect two corrected copies of all shop or setting drawings showing the as-built condition of the Work. The Architect, after review, shall submit one of these copies to the Owner. 16.07 Corrections. The Contractor shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of shop drawings or new samples until approved by the Architect. The Contractor shall direct specific attention in a separate writing or on resubmitted shop drawings to revisions other than the corrections requested by the Architect on previous submissions. 16.08 Contractor’s Responsibility. The Architect’s approval of shop drawings, product data, or samples shall not relieve the Contractor of responsibility for any deviation from the requirements of the Contract Documents unless the Contractor has informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval of the specific deviation. The Architect’s approval shall also not relieve the Contractor from responsibility for errors or omissions in the shop drawings, product data, or samples. 16.09 Architect Approval Required. No portion of the Work requiring the submission of a shop drawing, product data, or sample shall be commenced until such submittal has been approved in writing by the Architect. All such portions of the Work shall be in accordance with approved shop drawings, product data, and samples. All material finishes and samples shall be approved at one time. The Contractor shall submit all items requiring approval of finishes, color, material, etc., with sufficient lead time to allow simultaneous consideration and preparation of complete finish color schedule. No approvals of single items shall be considered. 16.010 Copies to Owner. When shop drawings, product data, samples or similar submittals have been approved and stamped by both Contractor and Architect, Contractor shall immediately forward an electronic copy of each to the Owner. GC 17.00

CASH ALLOWANCE

The Contractor shall include in the Contract sum all allowances named in the Contract Documents and shall cause the work so covered to be done by such Contractors and for such sums as the Owner may direct, the Contract sum being adjusted in conformity therewith. The Contractor declares that the Contract sum includes such sums for expenses and profit on account of cash allowances as he deems proper. No demand for expenses or profit other than those included in the Contract sum shall be allowed. The Contractor shall not be required to employ for any such work persons against whom he has filed a lien or has a reasonable objection due to previous legal claims. GC 18.00

EXPEDITING MATERIALS 10

The Contractor shall, immediately after receipt of the Notice of Award and approval of its list of subcontractors and material suppliers, place orders for all equipment, materials, and supplies required for the Work. The Contractor shall, when requested, submit to the Architect evidence that such orders have been placed. The Contractor shall exercise due diligence in seeing that all equipment, materials, and supplies are delivered well in advance of the time they are needed on the Project and shall properly store and protect same at its expense and in accordance with these General Conditions, either at the Project site or elsewhere as approved by the Architect. GC 19.00

BLASTING

No explosives of any nature except for those normally employed in powder actuated tools, .38 caliber or smaller, shall be employed or used on the Project site except with the express and specific prior written approval of the Architect and the Owner and any appropriate governmental authorities, in each instance. The Contractor shall notify the Architect of need for such approval three (3) days prior to the proposed use of such explosives. GC 20.00

SOIL TEST REPORT

The Owner may arrange for a separate consultant to conduct field and laboratory soil investigations on the Project site and to prepare a report of its findings. Such a report, if prepared, shall be available for review by the Contractor in the Architect’s office. Such data is offered solely for reference and is not to be considered a part of the Contract Documents. The data contained in any such document prepared for the Owner by a separate consultant is believed to be reliable; however, the Owner and Architect do not guarantee its accuracy or completeness. All applicable subcontractors shall be fully familiar with the contents of such reports, if prepared, and shall consider and evaluate them in the performance of their contracts and the Work. GC 21.00

HAZARDOUS MATERIALS

21.01 Responsibility and Reporting. Unless otherwise provided in the Contract Documents, the Contractor shall have no responsibility for the presence, handling, removal or disposal of hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), lead, or other hazardous materials. Prior to its commencement or continuation of any portion of the Work, the Contractor shall provide notice to the Owner of the presence, location, amount and condition of any known or suspected hazardous materials that are discovered at the Project site. Such notice shall be in writing and shall be submitted no more than twenty-four (24) hours after the presence of such materials becomes known or suspected. 21.02 Contractor’s Obligations. In the event hazardous materials become known or suspected by the Contractor as described in GC-21.01 above, the Contractor shall not proceed with or continue the Work until it has received written authorization from the Owner. If the Contractor proceeds with the Work without said authorization, it assumes any and all responsibility and liability for contamination and cleanup at the Project site according to applicable federal and state laws, and for any death or personal injury, including but not limited to medical expenses that may be incurred by any individual as a result of exposure to hazardous materials on the Project site. 21.03 Owner’s Obligations. In the event hazardous materials are identified or encountered during the course of the Project, the Owner at its expense shall take reasonable actions to properly and safely deal with such materials. 21.04 Management Plan. The Contractor acknowledges that it and its employees, agents and subcontractors have the responsibility of being fully informed of the Owner’s Management Plan as it relates to buildings located at the Project site and shall consult with the Owner about how such Plan addresses suspected or active asbestos-containing material areas within such buildings. GC 22.00

DAMAGE TO UTILITIES 11

22.01 Adequate Precautions. The Contractor shall take adequate precautions to protect existing utilities on and off the Project site and avoid damage thereto. The Contractor shall repair or replace or have repaired or replaced at its expense any damage to streets, water, sewer, light, power, cable, or telephone lines or fiber network that are damaged by reason of the Contractor’s Work. 22.02 Location. The location and extent of underground utilities, fiber network, cables and conduit indicated on the drawings are not guaranteed. This information is shown only for such use as bidders and contractors may choose to make of it. The Contractor shall check with all public utility companies for locations and shall comply with their regulations regarding such utilities in performing the Work. 22.03 Protection from Damage. The Contractor shall adequately protect active underground utilities from damage, and if damaged shall immediately effect all necessary repairs. Removal or relocation of active underground utilities shall be done only as indicated on the drawings. If such utilities are in use, they shall be maintained in continuous service. If not indicated on the drawings or not known to exist, the Contractor shall report discovery of such utilities to the Architect and shall not proceed further until directed to do so. 22.04 Inactive or Abandoned Utilities. Inactive or abandoned utilities, whether or not they are indicated on the drawings, shall be recorded as to location and depth and shall be removed for a distance of not less than three (3) feet from the outside line of all concrete Work unless otherwise required by regulations. Ends shall be capped or plugged. There shall be no adjustment of the Contract amount for Work due to inactive or abandoned utilities. GC 23.00

CHANGES IN THE WORK

23.01 Change Orders. The Owner, without invalidating the Agreement, may order changes in the Work within the general scope of the Project consisting of additions, deletions, or other revisions. Under such circumstances, the GMP, if applicable and established, and the Contract Time Schedule shall be adjusted accordingly. All such changes in the Work shall be authorized by Change Order. No Change Order or other form of order or directive by the Owner or Architect requiring additional compensable Work to be performed, which causes the aggregate amount payable under the Contract Documents to exceed the amount appropriated for the original Agreement, shall be issued unless the Contractor is given written assurance by the Owner that lawful appropriations to cover the costs of the additional Work have been made. Any claim of the Contractor for adjustment under this section must be asserted in writing within ten (10) days from the date of the Contractor’s receipt of the Change Order. 23.02 Minor Changes. The Architect shall have authority to order minor changes in the Work not involving an adjustment in the GMP or an extension of the Contract Time Schedule and not inconsistent with the intent of the Contract Documents. Such changes may be effected by field order or by other written order. Such changes shall be binding on the Owner and the Contractor. In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in this Article. 23.03 Price Differential. The cost or credit resulting from a change in the Work shall be determined in one or more of the following ways: a. By estimate, with a detailed cost breakdown as set forth in GC-23.03(c) below, and acceptance in a lump sum, with a maximum combined markup to the Owner, for the Contractor and all affected subcontractors, not to exceed a total of fifteen percent (15%). b. By unit prices named in the Contract or subsequently agreed upon. c. If the parties are unable to agree on one of the above methods, then the amount shall be determined by force account under the following formula: i. The actual cost of all direct labor performed (including foremen employed continuously on the Work, but not the salary, or any part thereof, of the Contractor’s superintendent) and the actual 12

ii. iii. iv. v.

vi.

GC 24.00

materials furnished for and used in such Work, less all available cash, trade, or other discounts. Rental for the use of such items of equipment as have an individual value in excess of One Thousand Dollars ($1,000); provided, however, that the amount of such rental charge and the length of time and probable cost of the use of such equipment shall have been authorized in writing by the Owner. All proportionate sums paid for royalties, permits, and inspection fees. All proportionate premiums for public liability insurance, workers’ compensation, and other proper and necessary insurance, as well as all applicable payroll taxes. Either a predetermined lump sum; fixed fee; or a fee of fifteen percent (15%), which fee shall be applied to the total of GC-23.03(c)(i), GC-23.03(c)(ii) and GC-23.03(c)(iii) only, and shall constitute full compensation to the Contractor and all its subcontractors for all costs and expenses, including all overhead and profit, which are not otherwise enumerated in this GC-23.03(c). The Contractor shall keep and present, in such manner as the Owner may direct, an accurate accounting of all the fees and costs described in this GC-23.03(c), together with all supporting vouchers and other documentation, all subject to audit by the Owner. CLAIMS FOR EXTRA COST

If the Contractor claims that any instructions by drawings or otherwise, after the date of the Construction Agreement, involve extra costs under this Contract that were not included in the original bid, or require an extension in the construction schedule, the Contractor shall give the Owner and the Architect written notice thereof no later than ten (10) days after the receipt of such instructions, and in any event before proceeding to execute the Work, except in an emergency endangering life or property, and the procedure shall then be as provided for changes in the Work. No such claim shall be valid unless so made. Any change in the Contract amount or construction schedule must be authorized by Change Order. GC 25.00

DELAYS AND EXTENSIONS OF TIME

25.01 Delays and Extensions of Time. If the Contractor is delayed at any time in the progress of the Work by the negligence or other improper act of the Owner or the Architect, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by any other cause that the Owner determines may justify the delay, then the completion date shall be extended by Change Order for such reasonable time as the Owner may determine. a.

Extension of the Contract completion time will be considered for delays due to weather conditions only when such conditions have had a material, adverse impact upon the critical path of the construction schedule, are more severe and extended than those reflected by the ten (10) year average for the month as evidenced by climatological data, U.S. Department of Commerce, for the area where the Project is located, and only if a request for such an extension of time is received within seven (7) days of the first date of each delay. Extensions of time due to weather or other allowable reasons will be granted on the basis of 1.4 calendar days’ credit for every working day lost with each separate extension figured to the nearest whole calendar day.

All Contractor requests for extension of time shall be subject to the Owner’s approval and shall be made in writing to the Owner no more than seven (7) days after the occurrence causing the delay; otherwise they shall be deemed waived. Any request for extension of time for a change in the Work or for any occurrence allegedly causing a delay as provided for herein must be substantiated by demonstrating the effect of the change or occurrence on the critical path of the construction schedule.

If no schedule or agreement is made stating the dates upon which written interpretations or detail drawings shall be furnished, then no claim for delay shall be allowed on account of failure to furnish such interpretations or detail drawings until fifteen (15) days after demand is made for them, and then only if such claim is reasonable.

Should the time for completion of the Contract be extended, the Owner reserves the right to occupy any part of the structure upon written notice to the Contractor from the Architect or the Owner, but only after the Architect has made a thorough inspection, accompanied by the Contractor’s superintendent, to note any defects in workmanship or materials that are the responsibility of the Contractor. Such inspection shall not be deemed to modify any other Contract requirements or provisions relating to observations, inspections or acceptance of the Work. Any such partial occupancy shall not be deemed a waiver of any provision for liquidated damages for delay in final completion.

When the whole or a portion of the Work is suspended for any reason, the Contractor shall properly cover over, secure, and protect all Work as may be susceptible to damage in the absence of such action.

25.02 Article Not Exclusive. This GC-25.00 does not exclude the recovery of damages by the Owner for delay under other provisions of the Contract Documents. GC 26.00

ACCESS TO WORK

26.01 Access. The Architect, the Owner, and their representatives shall at all times have access to the Work wherever it is in preparation or progress, and the Contractor shall provide proper facilities for such access so that the Architect may perform its functions under the Contract Documents. 26.02 Inspection. If the specifications, the Architect’s instructions, laws, ordinances, or any public authority require any Work to be specially tested or approved, the Contractor shall give the Architect timely notice of its readiness for such testing or approval by the Architect or inspection by another authority, and if the inspection is by another authority, of the date fixed for such inspection. All required certificates of inspection shall be secured by the Contractor. If any Work is covered up without approval or consent of the Architect, it must, if required by the Architect, be uncovered for examination at the Contractor’s expense. 26.03 Reinspection. Reinspection of questioned Work may be ordered by the Owner, and if so ordered, the Work must be uncovered by the Contractor. If such Work is found to be in accordance with the Contract Documents, the Owner shall pay the cost of reinspection and replacement. If such Work is found not to be in accordance with the Contract Documents, the Contractor shall pay such cost. 26.04 Testing. Materials incorporated into the Project shall be subject to routine tests as required to ensure their compliance with the specifications. Such tests may include, but shall not necessarily be restricted to, the following: concrete (primary mix design, slump tests, cylinder compressions tests, and air entrainment tests); steel (tensile tests); welds (field inspection and x-ray examination); soils (sub-soil investigation, physical analysis, and compaction tests); asphalt pavement (physical analysis and compaction tests); and roofing samples cut from in-place built-up roof. Any other basic materials for which standard laboratory test procedures have been established may also be included if doubt as to their quality should arise. Any testing contemplated by this section shall be done at the discretion of the Owner, who shall bear all costs, unless otherwise provided in the Contract Documents. The Contractor shall be held responsible for providing samples of sufficient size for test purposes and for cooperating with the Owner or its representative in obtaining and preparing samples for tests. All tests shall be in accordance with standard test procedures and shall be performed by persons or firms selected by the Owner. Contractor shall schedule and coordinate all tests and inspections directly with the owner’s testing and / or inspection agency. Contractor shall give the architect and owner 48 hours’ notice of when and where tests and inspections are to be made so that the architect may be present for such procedures. GC 27.00

CORRECTION OF WORK

27.01 Correction of Work Before and After Completion. The Architect or Owner has the authority to reject Work that is defective or otherwise does not conform to the Contract Documents. The Contractor, following written demand, shall promptly correct all Work rejected by the Architect or Owner as defective or as 14

otherwise failing to conform to the Contract Documents, whether observed before or after the date of final completion and whether or not fabricated, installed, or completed. The Contractor shall bear all costs of correcting such rejected Work, including the cost of the Architect’s and/or Owner’s consultant’s additional services necessitated thereby. If the Contractor proceeds to build in or cover the item that has been rejected, the Contractor shall be totally responsible for the cost of removal and replacement of said item and removal and replacement of all necessary Work surrounding or covering the item. 27.02 Tests to Determine Conformance. Whenever in the opinion of the Architect or the Owner tests are essential to assure the professional evaluation of the Work that is subject to being rejected or condemned, the necessary number of tests shall be performed by consultants designated by the Owner. The recommendation of such consultants shall be final and all parties to the Contract shall comply with the methods and extent of the corrections submitted in writing to the Owner and the Architect by such consultants. The cost of the tests shall become the Contractor’s responsibility when corrections of any nature are recommended by the consultant to the investigated Work; otherwise, the Owner shall pay for all tests performed. Should such special testing, inspection, or approval be caused by the Contractor’s failure to follow the requirements of the Contract Documents or required tests under GC-26.04 indicating conditions not in conformance with the Contract Documents, the costs of such additional testing, inspection, or approval shall be borne by the Contractor, regardless of the results. 27.03 Removal of Rejected Work. The Contractor shall promptly remove from the Project site all Work rejected by the Architect or Owner as failing to conform to the Contract Documents, whether or not the Work is physically incorporated. Thereafter, the Contractor shall promptly replace and re-execute such Work in accordance with the Contract Documents and without expense to the Owner. The Contractor shall further bear the expense of making good all Work of other contractors and/or subcontractors destroyed or damaged by such removal or replacement, and shall bear the expense of making good all of its Work and the Work of its subcontractors found to be defective by such removal or replacement. If the Contractor does not remove such rejected Work within a reasonable time, fixed by written notice from the Owner through the Architect, the Owner may remove it and may store the material at the expense of the Contractor. If the Contractor does not pay the expenses of such removal and storage within ten (10) days’ time thereafter, the Owner may, upon ten (10) days’ written notice, sell such materials at auction or at private sale. In such case, the Owner shall account to the Contractor for the net proceeds thereof, after deducting all the costs and expenses that should have been borne by the Contractor, including compensation for additional Architect or consultant services. If the net proceeds of sale do not cover all costs that the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. In addition, the Owner shall have any other remedies that may be available to it. 27.04 Correction of Work After Final Payment. Neither the final estimate or payment, nor any provision in the Contract Documents, shall relieve the Contractor of responsibility for faulty materials or workmanship and, unless otherwise specified, the Contractor shall remedy any defects due thereto and pay for any damage to other Work or property resulting therefrom, which appear within a period of two (2) years from the date of final completion and acceptance. This warranty shall be in addition to and not in lieu of all other remedies available to the Owner. 27.05 Failure to Correct the Work. If the Contractor fails to correct defective or nonconforming Work, the Owner may correct it and otherwise proceed against the Contractor for the cost thereof in accordance with the provisions of these General Conditions. 27.06 Deductions for Uncorrected Work. If the Owner deems it inexpedient to correct Work that has been damaged, is defective or has not been done in accordance with the Contract Documents, then an appropriate deduction from the price shall be made and reflected by a Change Order or, if the amount is determined after final payment, it shall be paid by the Contractor. 15

27.07 Additional Obligations. The obligations of the Contractor to correct the Work shall be in addition to, and not in lieu of, any other obligations imposed upon it by law, special guarantees, warranties, or other rights of the Owner. GC 28.00

OWNER’S RIGHT TO CARRY OUT WORK

If the Contractor should neglect to prosecute the Work properly or fail to perform any requirement of the Contract Documents, the Owner, after three (3) working days’ written notice to the Contractor, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the reasonable cost thereof from the payment then or thereafter due the Contractor. In the event such Work is performed by the Owner, the Owner’s employees, or by persons other than the Contractor at the Owner’s request, the Owner shall not be liable to the Contractor for inconvenience expense or subsequent cost of removal of such Work. The amount to be deducted as the cost of doing the Work shall include the cost of the Architect’s additional services made necessary by such default. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. GC 29.00

OWNER’S RIGHT TO TERMINATE CONTRACT

29.01 Termination for Cause. If the Contractor should be adjudged bankrupt; or if it should make a general assignment for the benefit of its creditors without approval of the Owner; or if a receiver should be appointed on account of its insolvency; or if it should refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workers, competent supervision and superintendence of the Work, proper materials, or competent management of the Project; of if it should fail to make prompt payment to subcontractors or for material or labor; or disregard any laws, ordinances, or the instructions of the Architect or Owner; or otherwise be guilty of a material violation of any provision of the Contract Documents; then the Owner, when in its sole opinion sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor, and its surety, if any, seven (7) days’ written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools, and appliances thereon and finish the Work by whatever method the Owner may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finally completed and accepted by the Owner. If the unpaid balance of the Contract amount exceeds the expense of completing the Work, including the cost of additional architectural, engineering, managerial, consultant, and administrative services, such excess shall be paid to the Contractor. If such expense exceeds such unpaid balance, the Contractor shall pay the difference to the Owner and the Owner shall be justified in withholding payment of any unpaid amounts. The expense incurred by the Owner, as herein provided, and the damages incurred through the Contractor’s default, shall be determined by the Owner. The Contractor will not be reimbursed for any anticipated profit. 29.02 Termination Without Cause. Should conditions arise that in the Owner’s opinion make it necessary or advisable to discontinue Work under the Contract Documents, the Owner may terminate the Contract in whole or in part without cause or fault by the Contractor by giving seven (7) days’ written notice to the Contractor. The notice shall specify the date and extent to which the Contract is terminated. Upon any such termination, the Owner shall take possession of the Project site and all or any part of the materials and equipment delivered or en route to the site. In the event of termination without cause under this section, the Contractor shall be equitably paid for all Work properly completed, based upon the approved schedules of values. GC 30.00

CONSTRUCTION SCHEDULE AND PROGRESS REPORTS

30.01 Construction Schedule. The Contractor shall submit, within ten (10) days after the date of the notice of award in a format acceptable to the Owner, an overall timetable of the construction schedule for the Project. This schedule shall start with the date of the notice of award, and the completion date shall be a date that will enable the Owner to accept the Work on the date specified in the Construction Agreement. The 16

schedule shall portray fully a timetable representing the various elements in the schedule of values and shall provide for the expeditious and practicable execution of the Work. The time shown between the starting and completion dates of the various elements within the schedule shall represent one hundred percent (100%) completion of each element. Additional detailed schedules of separate elements of the Work such as commissioning, test and balance, and owner training, may be requested at the Owner’s discretion. No request for payment shall be accepted by the Owner until this schedule has been submitted as required herein. This schedule shall be revised from time to time during the course of the Work when the actual progress, in the opinion of the Architect or the Owner, varies materially from that previously approved. 30.02 Monthly Progress Reports. The Contractor shall submit monthly progress reports with each request for payment. Basically, these reports shall reflect the Contractor’s “Work in place” progress and shall be certified by the Contractor as to the date and contents of such “Work in place” progress report. If requested by the Owner, the monthly progress reports shall also include representative photographs of the actual Work in place. Such reports shall depict progress and percentage of completion, consistent with the values and amounts contained on the counterpart request for payment. The subcontractors shall be supplied copies of the Contractor’s approved schedule. These subcontractors shall develop a similar schedule based on their respective Work. Failure to submit an approved schedule or monthly progress report shall be deemed cause to reject requests for payment. 30.03 Scheduling. The Contractor shall schedule all Work so as to reduce to a minimum any disruption in the use of the existing facilities and interruptions of utility service of any type. Where electrical or mechanical Work performed under this Contract will necessitate interruptions of service to existing facilities, the Contractor shall furnish and install temporary service to such facilities or perform such Work at such times when said existing utilities are not in normal use. The Contractor shall bear the cost of all overtime or inconvenience resulting therefrom. Any remodeling work which may interrupt normal building functions, especially periodic standardized testing, shall be scheduled and coordinated with the Owner at least 1 week prior. 30.04 Noise Ordinance Violation. The Contractor shall at all times comply with the local noise ordinance requirements relating to the Work. To the extent there are any violations of any applicable noise ordinances imposed on the Owner as a direct or indirect result of the Contractor’s Work, then the Contractor shall reimburse the Owner for any sums paid or due and payable by the Owner as a result of such violations. The Owner reserves the right to deduct any expenses incurred by the Owner as a result of any noise ordinance violations by the Contractor from any amount due to the Contractor under this Construction Agreement or, at its option, to collect such sum directly from the Contractor or its surety GC 31.00

SCHEDULE OF VALUES

Progress payments shall be made on the valuation of the Work done. Before beginning work and prior to the first Application for Payment, the Contractor shall submit to the Architect and the Owner a complete, itemized schedule of the values of the various parts of the Work, aggregating the total sum of the Contract and separating material costs from other costs . Such schedule shall include the material costs of all subcontractors under the Contractor and the costs of all materials to be taken from the Contractor’s or subcontractors’ own stocks of material. The schedule of values shall be supported by such evidence as to its correctness as the Architect and/or the Owner may direct. Each item on the schedule of values shall include its proper share of overhead and profit. The schedule of values shall be used for the estimates and progress payments provided for in these General Conditions. Along with such schedule of values, the Contractor shall submit a schedule of estimated monthly application amounts to be submitted over the course of the Project to assist the Owner in arranging payments. GC 32.00 32.01

PAYMENT Certificates for Payment. No request for payment shall be submitted to the Owner until and unless it 17

has been certified by the Architect. No certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner shall constitute any acceptance of any Work not completed in accordance with the Contract Documents. 32.02 Payments to Contractor. Partial payments shall be made as the Work progresses within twenty-one (21) days after the close of the calendar month. Requests for payment, along with the appropriate supporting documentation shall be submitted to the Architect on a regularly established monthly schedule approved by the Owner. Supporting documentation is defined as: Job cost variance report; schedule of values; Equipment rental information; Updated schedules, including recovery schedule if behind, Lien release, subcontractor pay applications and supplier invoices; contractor general conditions billed to correct line from payment matrix (GCs or fee). All materials stored off site require: certificate of insurance for stored materials, bill of sale, supplier invoices and photos. The Owner reserves the right to withhold payments at any time regardless of the Architect’s recommendations or issuance of certificate for payment. The request for payment shall be based on the same items as are shown in the schedule of values itemizing the material used and Work performed for which payment is claimed. In preparing estimates, material delivered and properly stored on the site and preparatory Work done may be taken into consideration. The Contractor shall provide the Owner with a completed federal Form W-9 upon submission of the Contractor’s first request for payment. a.

If payments are made on account of materials not incorporated in the Work, but delivered and suitably stored at the Project site or at some other location agreed upon in writing, such payments shall be conditioned upon submission by the Contractor of bills of sale or such other procedures that will establish the Owner’s interest, including applicable insurance and transportation to the Project site.

Payments shall be made in the full value of the Work performed and material stored, less five percent (5%) of such value which shall be retained until completion and acceptance of all Work unless otherwise agreed by Owner, and less the aggregate of any previous payments.

Under any Contract exceeding One Hundred Fifty Thousand Dollars ($150,000) pursuant to which sums are withheld to assure satisfactory performance, the Contractor may withdraw the whole or any portion of such sums withheld if the Contractor deposits acceptable securities with the Owner in an amount at all times at least equal to the amount withdrawn. All such withdrawals shall be on the Owner’s approved forms and shall require that the acceptable securities be endorsed in favor of the Owner, authorizing the Owner to negotiate the acceptable securities and to receive the payments due.

The Contractor warrants and guarantees that title to all Work, materials, and equipment covered by a request for payment, whether incorporated in the Project or not, shall pass to the Owner upon the receipt of such payment by the Contractor, free and clear of all liens, claims, security interests, or encumbrances; and that no Work, materials, or equipment covered by a request for payment shall have been acquired by the Contractor or by any other person performing the Work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest herein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. This provision shall not be construed as relieving the Contractor from the sole responsibility for all materials and Work upon which payments have been made or the restoration of any damaged Work, or as a waiver of the right of the Owner to require the fulfillment of all the terms of the Contract.

After the date of final completion of the Work, final settlement for the Project shall be advertised in accordance with Colorado law.

On the date of final settlement, as advertised, and after the Contractor has submitted a written notice to the Owner that no claims have been filed, final payment shall be made in full. Notwithstanding the foregoing, if any unpaid claim for labor, materials, supplies or equipment is filed with the Owner before payment in full of all sums due the Contractor on the final settlement date, the Owner shall withhold from the Contractor sufficient funds, if available, to ensure the payment of such claim, until the same is 18

paid or withdrawn. Such payment or withdrawal shall be evidenced by filing with the Owner a receipt of payment in full or an order authorizing withdrawal signed by the claimant or its duly authorized agent or assignee. Such funds shall ordinarily not be withheld longer than ninety (90) days following the date fixed for final settlement with the Contractor as set forth in the published notice of final settlement, unless an action at law has been commenced within that time to enforce such unpaid claim and a notice of lis pendens has been filed with the Owner. At the expiration of the ninety (90) day period, the Owner shall release to the Contractor all funds that are not the subject of such action at law. Notwithstanding the provisions in this section, in the event the Colorado statutory procedure as set forth herein is amended during the term of the Construction Agreement, such amended procedure shall be substituted accordingly. 32.03 Payments Withheld. The Owner may withhold payment or the Architect may decline to issue a certificate for payment in whole or in part, or the Architect may withhold or nullify the whole or any part of any certificate previously issued, because of subsequently discovered evidence or subsequent inspections, for such an amount or to such extent as may be necessary in the opinion of either the Owner or the Architect to protect the Owner from loss on account of: a. defective Work not remedied; b. claims filed or reasonable evidence indicating probable filing of claims; c. failure of the Contractor to make payments properly to subcontractors or for material or labor; d. a reasonable doubt that the Contract can be completed for the balance then unpaid; e. damage to another contractor or to the property; f. failure of the Contractor to perform any portion of the Work in a timely manner or in compliance with any approved schedules; or g. failure of the Contractor to submit on a timely basis any documentation required by the Contract Documents, including without limitation monthly progress reports, schedule of values, or request for approval of subcontractors. 32.04 Recordkeeping. As further described in GC-56.00, the Contractor shall keep complete and accurate records, accounts and books with regard to all materials, equipment and labor involved in the performance of the Work in accordance with generally accepted accounting principles. The Owner and Architect shall have access to the Contractor’s accounting records at all reasonable times, and the Contractor agrees to make any changes to its system of keeping these records as the Owner may reasonably request in writing. All such records shall be preserved and the Owner shall have access to them for six (6) years after final payment to the Contractor. GC 33.00

INSURANCE

33.01 The Contractor, at its expense, shall procure and maintain in effect at all times throughout the duration of the Project, including the two-year warranty period, all insurance requirements and limits as set forth below. The Contractor shall continue to provide evidence of such coverage to the Owner on an annual basis during the aforementioned period including all of the terms of the insurance and indemnification requirements of this Construction Agreement. All below insurance policies shall include a provision preventing cancellation without thirty (30) days’ prior notice by certified mail. Completed certificates of insurance shall be filed with the Owner within ten (10) days after the date of the Notice of Award. Such certificates shall specifically state the inclusion of the coverages and the provisions set forth herein and shall state whether the coverage is “claims made” or “per occurrence”. If the coverage is written on a “claims made” basis, Contractor shall confirm that any retroactive date for the coverage precedes the effective date of the Construction Agreement and is in effect for a period of three years from the date of final acceptance of the Work. a.

Workers’ Compensation Insurance. The Contractor shall procure and maintain workers’ compensation insurance at its own expense during the term of the Construction Agreement, including occupational disease provisions for all employees per statutory requirements. Such policy shall contain a waiver of subrogation in favor of the Owner. The Contractor shall also require each subcontractor to furnish 19

workers’ compensation insurance, including occupational disease provisions for all of the latter’s employees, and to the extent not furnished, the Contractor accepts full liability and responsibility for subcontractor’s employees. In cases where any class of employees engaged in hazardous work under this Construction Agreement at the site of the Project is not protected under the Workers’ Compensation statute, the Contractor shall provide, and shall cause each subcontractor to provide, adequate and suitable insurance for the protection of employees not otherwise protected. b.

Commercial General Liability Insurance. The Contractor, at its own expense, shall procure and maintain commercial general liability insurance to protect the Contractor from all claims for bodily injury, including death and all claims for destruction of or damage to property (other than the Work itself), arising out of or in connection with any operations under this Construction Agreement, whether such operations be by the Contractor or by any subcontractor under it or anyone directly or indirectly employed by the Contractor or by a subcontractor. All such insurance shall be written with limits and coverages as specified below and shall be written on an occurrence form:

Project Amount Insurance Required

$0-10M

$10M-30M

$30M-50M

$50M-$100M

General Aggregate

$ 2,000,000

$ 5,000,000

$ 10,000,000

$ 25,000,000

Products-Completed Operations Aggregate

$ 2,000,000

$ 5,000,000

$ 10,000,000

$ 25,000,000

Each Occurrence

$ 1,000,000

Personal Injury

$ 1,000,000

Fire Damage Limit for any one fire

$ 50,000

Medical payments per person

$ 5,000

[Coverage limits shall be a function of the project amount.] The following coverages shall be included in the Commercial General Liability Insurance: 1. Per project general aggregate (CG 25 03 or similar) 2. Owner, its subsidiary, parent, associated and/or affiliated entities, successors or assigns, its elected officials, trustees, employees, agents, and volunteers shall be named as Additional Insureds with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractors, including completed operations, and must include both ONGOING Operations and COMPLETED Operations per CG2010 10/01 and CG 203710/01 or equivalent as permitted by law. 3. The policy shall be endorsed to be primary and non-contributory with any insurance maintained by Additional Insureds. 4. Additional Insured – Owners, Lessees or Contractors Endorsement (ISO Form ISO Form 2038 or equivalent) 5. Additional Insured – Owners, Lessees or Contractors Endorsement (ISO CG 2037 or equivalent) 6. A waiver of subrogation in favor of all Additional Insured parties. 7. Personal/Advertising Injury Liability 8. Contractual Liability coverage to support Contractor’s indemnification obligations 9. Explosion, collapse and underground (xcu) 20

10. 11. 12. 13.

Independent contractors Products/Completed Operations Premises and Operations Designated Construction Projects General Aggregate Limit (ISO CG 2503-1997 edition or equivalent). The following exclusionary endorsements are prohibited in the Commercial General Liability Insurance policy: 1. Damage to Work performed by Subcontract/Vendor (CG 22-94 or similar) 2. Contractual Liability Coverage Exclusion modifying or deleting the definition of an “insured contract” from the unaltered SO CG 0001 1001 policy from (CG 2426 or similar) The Contractor shall maintain general liability coverage including Products and Completed Operations insurance, and the Additional Insured with primary and non-contributory coverage as specified in this Agreement for two (2) years after completion of the Project. c.

Comprehensive Automobile Liability Insurance. The Contractor shall maintain comprehensive automobile liability insurance, including coverage for liability arising out of any auto (including owned, hired, and non-owned autos), with a combined single limit of $1,000,000/person, $1,000,000/accident, and $1,000,000/property damage. Such insurance shall include a waiver of subrogation in favor of the Owner.

Umbrella Liability Insurance (for projects exceeding $10,000,000). The Contractor shall maintain umbrella/excess liability insurance on an occurrence basis in excess of the underlying insurance described in Subsections a through c above. Coverage shall follow the terms of the underlying insurance, included the additional insured and waiver of subrogation provisions. The amounts of insurance required above may be satisfied by the Contractor purchasing coverage for the limits specified or by any combination of underlying and umbrella limits, so long as the total amount of insurance is not less than the limits specified in each section previously mentioned. Each occurrence $5,000,000 Aggregate $5,000,000

Builder’s Risk Insurance. The Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builder’s Risk insurance or equivalent policy form in the amount of the initial contract sum, plus the value of subsequent contract modifications, change orders, and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such Builder’s Risk insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property, or the Date of Notice specified on the Notice of Acceptance, State Form SBP-6.27 or whichever is later. This insurance shall include interests of the Owner, the Contractor, subcontractors and subsubcontractors in the Project as named insureds. All associated deductibles shall be the responsibility of the Contractor. Such policy may have a deductible clause but not to exceed ten thousand dollars ($10,000.00). Builder’s Risk insurance shall be on a special cause of loss form and shall include, without limitation, insurance against the perils of fire (with extended coverage), transit, increased cost of construction, architect’s fees and expenses and all below and above ground structures, piping, foundations including underground water and sewer mains including the ground on which the structure rests, excavation, backfilling, filling and grading, and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood (including water damage), windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect’s and Contractor’s services and expenses required as a result of such insured loss. Such Builder’s Risk insurance shall include equipment breakdown coverage (aka boiler and machinery) which shall specifically cover insured equipment during installation and testing (including cold and hot testing) and such insurance must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without 21

interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. Contractor shall maintain Builders Risk coverage including partial use by Owner during construction. Contractor will take reasonable steps to obtain consent of the Builders Risk carrier to delete any provisions with regard to restrictions within any Occupancy Clause within the Builders Risk Policy. The Contractor shall waive all rights of subrogation as regards the Owner, its officials, officers, agents and employees, all while acting within the scope and course of their employment for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section or other property insurance applicable to the Work. The Contractor shall require all subcontractors at any tier to similarly waive all such rights of subrogation and shall expressly include such a waiver in all subcontracts. Upon request, the amount of such insurance shall be increased to include the cost of any additional work to be done on the Project, or materials or equipment to be incorporated in the Project, under other independent contracts let or to be let. In such event, the Contractor shall be reimbursed for this cost as his or her share of the insurance in the same ratio as the ratio of the insurance represented by such independent contracts let or to be let to the total insurance carried. The Owner shall have the power to adjust and settle any loss. Unless it is agreed otherwise, all monies received shall be applied first on rebuilding or repairing the destroyed or injured work. f.

Professional Liability Insurance. Contractor shall maintain professional liability insurance covering wrongful acts, errors and/or omissions, including design errors, if applicable for damage sustained by reason of or in the course of operations under this Contract resulting from professional services provided by the Contractor as part of this Contract. The policy coverages shall be amended to provide that coverage shall apply for three (3) years after project is complete. The policy is to be on a primary basis if other professional coverage is carried. Minimum coverage shall be in the amount of $1,000,000 per loss and $2,000,000 aggregate.

Contractor’s Pollution Liability. Owner requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor’s scope of services. Policy shall cover the Contractor’s completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims-made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: “Owner, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations”. The policy shall have the following minimum limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000

33.02 Immunity. The parties understand and agree that the Owner does not waive or intend to waive any provision of the Contract, including the provisions of this Article; the monetary limitations of the Contract; or any of the rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq., as from time to time amended, or otherwise available to the Owner. 33.03 Additional Miscellaneous Insurance Provisions. Certificates of insurance and/or insurance policies required under this Agreement shall be subject to the following stipulations and additional requirements: a.

Any and all deductibles or self-insured retentions contained in any insurance policy shall be assumed by 22

and at the sole risk of the Contractor; b.

If any of the said policies shall fail at any time to meet the requirements of the Contract Documents as to form or substance, or if a company issuing any such policy shall be or at any time cease to be approved by the Division of Insurance of the State of Colorado, or be or cease to be in compliance with any stricter requirements of the Contract Documents, the Contractor shall promptly obtain a new policy, submit the same to the Owner and State Building Programs for approval if requested, and submit a certificate of insurance as hereinbefore provided. Upon failure of the Contractor to furnish, deliver and maintain such insurance as provided herein, this Agreement, in the sole discretion of the State of Colorado, may be immediately declared suspended, discontinued, or terminated. Failure of the Contractor in obtaining and/or maintaining any required insurance shall not relieve the Contractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with the obligations of the Contractor concerning indemnification;

All requisite insurance shall be obtained from financially responsible insurance companies, authorized to do business in the State of Colorado and acceptable to the Owner;

Receipt, review or acceptance by the Owner of any insurance policies or certificates of insurance required by this Agreement shall not be construed as a waiver or relieve the Contractor from its obligation to meet the insurance requirements contained in these General Conditions.

GC 34.00

SEPARATE CONTRACTS

34.01 Other Contracts. The Owner reserves the right to enter into other contracts in connection with the Work. The Contractor shall afford such other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their Work, and shall properly connect and coordinate its Work with theirs. 34.02 Duty to Inspect and Report. If any part of the Contractor’s Work depends on proper execution or results upon the Work of any other contractor, the Contractor shall inspect and promptly report to the Owner through the Architect any defects in such Work that render it unsuitable for such proper execution and results. The Contractor’s failure to so inspect and report shall constitute an acceptance of the other contractor’s Work as fit and proper for the reception of the Contractor’s Work, except as to defects that may subsequently develop in the other contractor’s Work. 34.03 Duty to Measure. To ensure the proper execution of its subsequent Work, the Contractor shall measure Work already in place and shall immediately report to the Owner through the Architect any discrepancy between the executed Work and the Contract Documents. GC 35.00

SUBCONTRACTORS

35.01 Subcontractors and Suppliers. Within in ten (10) days of the mutual execution of the Contract, the Contractor shall include with on the forms provided, the names of its subcontractors and suppliers of labor and materials. The Contractor shall, before awarding any subcontracts, re-verify to the Owner and Architect in writing on the standard form “Request of Approval of Subcontractors” the names of subcontractors proposed for the Project. Any deviation from the original subcontractor and supplier list shall not be allowed unless justification is submitted in writing to the Owner by the Contractor that the subcontractor or supplier is deemed unfit or unable to perform the specified Work, is unwilling to enter into a subcontract, or is not in compliance with the Contract Documents. The Contractor shall not employ any subcontractors that the Owner or Architect may, within a reasonable time, object to as incompetent, unfit, or otherwise undesirable. Substitutions of subcontractors listed in the executed proposal form may not be made without written approval of the Owner.

If, before or after the execution of the Contract, a change of any subcontractor on such list is required by the Architect or by the Owner prior to the award of the relevant contract, the contract price may be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued.

35.02 Obligations. The Owner shall, on request, furnish to a subcontractor, wherever practicable, evidence of the amounts certified on the subcontractor’s account. The Contractor agrees that it is as fully responsible to the Owner for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them, as it is for the acts and omissions of persons directly employed by it. 35.03 Final Listing. The Contractor, at the conclusion of the Work and before final payment is made, shall furnish to the Owner a listing of the names, contact persons, addresses, and telephone numbers of all subcontractors and material suppliers who furnished labor and materials on the Project, with identification of the services rendered and materials provided. 35.04 No Contractual Relationship. Nothing contained in the Contract Documents shall create any direct contractual relationship between any subcontractor and the Owner. GC 36.00

RELATIONS OF CONTRACTOR AND SUBCONTRACTOR