BVSD Board of Education · Document
Construction Agreement - AMS BHMS BHS CHS FES ASES UHES UHPS - signed by Alpine on 011426.pdf (3,308 KB)
Regular Meeting, January 27, 2026 · item 8.5: Approval of contract with Alpine Roofing · 55 pages
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CONSTRUCTION AGREEMENT THIS CONSTRUCTION AGREEMENT (“Agreement”) is made as of the 7th day of January 2026, between the BOULDER VALLEY SCHOOL DISTRICT RE-2, State of Colorado ("Owner”) and Alpine Roofing Holdings, LLC dba Alpine Roofing ("Contractor"), in connection with ITB# 26-15 Hail Damage Roof Repairs at Angevine Middle School (1150 W. South Boulder Rd, Lafayette, CO 80026), Broomfield Heights Middle School (1555 Daphne St, Broomfield, CO 80020), Broomfield High School (1 Eagle Way, Broomfield, CO 80020), Centaurus High School (10300 W. South Boulder Rd, Lafayette, CO 80026), Fireside Elementary School (845 W Dahlia St, Louisville, CO 80027), Alicia Sanchez Elementary School (655 Sir Galahad Dr, Lafayette, CO 80026), University Hill Elementary School, and University Hill Primary School (956 16th St, Boulder, CO 80302), complete with all work appurtenant there to (“Project”). In consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties agree as follows: 1. THE CONTRACT DOCUMENTS. The Contract Documents shall consist of this Construction Agreement, which Agreement also incorporates by this reference all of the instruments set forth in Article 1 of the General Contract Conditions as fully as if they were set forth in this Agreement in full and instruments described in Invitation to Bid No. 26-15 incorporated herein by reference. 2. SCOPE OF THE WORK. The Contractor will furnish all tools, equipment, machinery, supplies, superintendence, insurance, transportation, and other construction accessories, services, and facilities specified or required to be incorporated in and form a permanent part of the completed work. In addition, the Contractor shall provide and perform all necessary labor in a first-class and workmanlike manner and in accordance with the conditions and prices stated in the Bid Proposal and the requirements, stipulations, provisions, and conditions of the Contract Documents, as defined in the attached General Conditions. The Contractor shall further perform, execute, construct, and complete all things mentioned to be done by the Contractor and all work included in and covered by the Owner's official award of this contract to the Contractor, such award being based on the acceptance by the Owner of the Contractor's bid, or part thereof. 3. TIME OF COMMENCEMENT AND COMPLETION. The Contractor agrees to commence work under this Agreement in accordance with the applicable Proposal (Exhibit A) on or before May 25, 2026 and to fully complete all work by no later than July 31, 2026. 4. TIME OF THE ESSENCE. All time limits stated in this Agreement and the Contract Documents are of the essence of the Agreement. 5. LIQUIDATED DAMAGES. The Contractor understands and agrees that the completion of the entire project within the time provided is an essential feature of this Agreement and that the Owner will sustain substantial damages, the amount of which is not possible to accurately determine at this time, if the work is not so completed. The Contractor, therefore, agrees to proceed with due diligence, taking all precautions and making all necessary arrangements to ensure the completion of the work within the prescribed time. The Contractor further agrees that their failure to finally and fully complete the work within the time allowed shall be considered as a breach of the Agreement and entitle the Owner to collect liquidated damages for the delay in completion of the sum of seven hundred fifty dollars ($750.00) for each calendar day that elapses between the date set forth in
Section 3.00 of this Agreement, as extended in accordance with the General Conditions, and the date of final completion of the Project, as more fully defined in the General Conditions Article 45.00. 6. CONTRACT SUM. The Owner shall pay to the Contractor for performance of the work encompassed by this Agreement, and the Contractor will accept as full compensation therefor, the lump sum of one million seven thousand one hundred thirty-six dollars ($1,007,136.00) (“Contract Sum”), subject to adjustment as provided by the Contract Documents, to be paid by progress payments in the manner provided for in the Contract Documents. The amount of money appropriated by the Owner for the project is equal to or in excess of the Contract Sum. 7. ACCEPTANCE AND FINAL PAYMENT. Upon receipt of written notice that the work is ready for final inspection and acceptance, the Contractor, the Architect, and the Owner shall make such inspection, and when the work is found to be acceptable under the Agreement and the Agreement fully performed, including the satisfactory completion of all punch list items, the Architect shall promptly so certify to the Owner, over their own signature, stating that the work provided for in this Agreement has been completed in accordance with the Contract Documents and is accepted by them under the terms and conditions therefor, and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable. Before issuance of the Owner's letter of acceptance, the Contractor shall submit evidence satisfactory to the Owner that all payrolls, material bills, and other indebtedness connected with the work has been or will promptly be paid. Final payment shall be made following the procedures set forth in the Contract Documents. 8. REPRESENTATIONS. 8.1. The Contractor shall not extend the credit or faith of the Owner to any other persons or organizations. 8.2. The Contractor represents that it understands the nature, location, and scope of the Work, the character of the equipment and facilities needed preliminary to and during the performance of the Work, and the general and local conditions and all other matters that can in any way affect the Work and is not relying on any representations or promises by the Owner except as set forth in this Agreement. 8.3. The Contractor shall cooperate with other contractors, if any, and employees of the Owner in performing the Work. 9. WARRANTIES 9.1. The Contractor warrants that the Work shall be conducted in a good and workmanlike manner and shall be suitable and fit for the purposes for which it is intended. 9.2. The Contractor warrants and represents that it has full authority under applicable law to execute and deliver this Agreement and to perform all of the obligations under this Agreement. 9.3. The Contractor represents that it shall perform the work in a safe and diligent manner and Contractor shall use its best skill and judgment pursuant to the standards of the profession for such Work in furthering the Owner’s best interests. 9.4. The Contractor warrants all Work to be free from any defects in materials and workmanship for a period of two (2) year following final completion and acceptance by the Owner. 10. BINDING EFFECT AND ASSIGNMENT. This Agreement shall be binding on the parties as well as their successors, assigns and personal representatives. Notwithstanding the foregoing, the Contractor shall not assign any of their rights or obligations under this Agreement without the express written consent of the Owner. Upon any assignment even though consented to by the Owner, the Contractor shall remain liable for the performance of the work under this Agreement. 11. PARTIAL INVALIDITY. If any provisions of this Agreement are finally determined by a court of
competent jurisdiction to be in violation of any statute or rule of law of the State of Colorado, then such provisions shall be deemed null and void to the extent that they may be violate of law, but without invalidating the remaining provisions hereof. 12. WAIVER. No waiver of any breach of any one of the agreements, terms, conditions, or covenants of this Agreement by the Owner shall be deemed or imply or constitute a waiver of any other agreement, term, condition, or covenant of this Agreement. The failure of the Owner to insist on strict performance of any agreement, term, condition, or covenant, herein set forth, shall not constitute or be construed as a waiver of the Owner's rights thereafter to enforce any other default; neither shall such failure to insist upon strict performance be deemed sufficient grounds to enable the Contractor to forego or subvert or otherwise disregard any other agreement, term, condition, or covenant of this Agreement. 13. ENTIRE AGREEMENT. This Agreement, together with the Contract Documents as defined in Article 1.00 herein, constitute the entire agreement of the parties hereto. No modification, change, or alteration of the within Agreement shall be of any legal force or effect unless in writing, signed by all the parties hereto. 14. COUNTERPARTS. This Agreement may be executed in several counterparts, and each such counterpart shall be deemed an original. For purposes of executing this Agreement, facsimile or scanned signatures shall be as valid as the original. 15. GOVERNING LAW. Venue for any and all legal actions regarding or arising out of the transaction covered herein shall be solely in the District Court in and for Boulder County, State of Colorado. This transaction shall be governed by the laws of the State of Colorado. 16. ATTORNEYS' FEES. In the event it becomes necessary for either party to enforce any provisions or breach of this Agreement by commencing litigation, the prevailing party in such action shall be entitled to collect, as part of any judgment entered, its reasonable expert witness and attorneys' fees and costs. 17. PREMISES ACCESS CERTIFICATION. Contractor certifies it shall not employ on Owner premises any persons convicted of any felony or misdemeanor crime of unlawful sexual behavior involving children. 18. NOTICES. All notices, requests, demands, and other communications given or to be given under this Agreement shall be in writing and shall be deemed to have been duly given when served if served personally, or on the second day after mailing if mailed by first-class mail, registered or certified, postage prepaid, and properly addressed to the party to whom notice is to be given as set forth below.
If to Owner:
With a copy to:
Boulder Valley School District RE-2 Attn: Procurement 6500 Arapahoe Avenue Boulder, Colorado 80303 Purchasing.helpdesk@bvsd.org Kathleen Sullivan Legal Counsel Boulder Valley School District RE-2 6500 Arapahoe Avenue Boulder, Colorado 80303
If to Contractor, then to the individual at the address set forth in the signature block below. Either party may change its address for purposes of notice by giving written notice to the other party in accordance with this paragraph.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written and shall extend to and bind the parties, their successors, assigns, and personal representatives. CONTRACTOR: Alpine Roofing Holdings LLC 120 Capital Dr, Golden, CO 80401 Legal Name and Address
DISTRICT: BOULDER VALLEY SCHOOL DISTRICT RE-2 6500 Arapahoe, PO Box 9011, Boulder, CO 80303
Signature of Authorized Officer
Nicole Rajpal, President, Board of Education
Paige Rodriguez, Chief Admin Officer Printed Name of Signatory
Laura Shafer, Board Secretary
Kathleen Sullivan, Legal Review
Exhibit A Bid Response The next 9 pages are the Bid Response and Award Letter.
PROPOSAL / BID FORM DATE: 12/3/25 _____________________ Roofing Proposal of Alpine Roofing Holdings LLC dba Alpine _________________________________________________________ hereinafter called "Bidder" *a corporation *a partnership, or *an individual as organized and existing under the laws of the State of Colorado _________, (*Strike out inapplicable phrases.)
The Bidder in compliance with Advertisement ITB # 26-15 Roofing Contractor Package #1 at Angevine MS, Broomfield Heights MS, Broomfield HS, Centaurus HS, Fireside ES, Alicia Sanchez ES, University Hill ES, and University Hill Primary School submits this proposal for lump sum contract. Bidder, having examined the scope of work with related documents, and the site of the proposed work, and being familiar with all of the conditions surrounding the proposed project, including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies, and to complete the project in accordance the scope of work within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under Contract, of which the Proposal is a part. Project Timing: The successful bidder must agree to commence work on or before 5/25/26 and achieve completion of the project, including alternates, on or before the following date: 7/31/26. Bidder acknowledges receipt of the following addenda (if any are issued): 1 ________________ TOTAL BASE BID PROPOSAL: (including allowances) Hail Damage Roof Repairs at Angevine MS, Broomfield Heights MS, Broomfield HS, Centaurus HS, Fireside ES, Alicia Sanchez ES, University Hill ES, and University Hill Primary School: As set forth in the Specifications and Drawings, Bidder agrees to fully complete the project for the lump sum One million seven thousand one hundred thirty-six and 00/100 Dollars ($ 1,007,136.00 ) (Amount shall be shown in both written form and figures. In case of discrepancy between the written amount and the figures, the written amount will govern.) Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of forty-five (45) calendar days after the scheduled closing time for receiving bids. It is understood that this bid and associated documentation and addendum becomes a part of the Contract Documents upon award, and failing to comply with any part of this bid and associated documentation and addendum will be taken as failure to comply with said Contract and will be just cause for rejection of the work. Copy of the Bid Security attached without endorsement in the sum of One hundred thousand seven hundred thirteen and 60/100 Dollars ($ 100,713.60 ) is to become the property of Boulder Valley School District RE2, Boulder, Colorado, in the event the Contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional work caused thereby. (signature page follows)
V9 100422
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Respectfully submitted, Alpine Roofing Holdings LLC __________________________________________________ (COMPANY NAME)
120 Capital Dr __________________________________________________ (COMPANY STREET ADDRESS) Golden, CO 80401 __________________________________________________ (COMPANY CITY, STATE AND ZIP CODE)
303-295-7769 __________________________________________________ (COMPANY PHONE NUMBER) prodriguez@alpineroofingco.com _________________________________________________ (EMAIL ADDRESS) Paige Rodriguez __________________________________________________ (TYPED NAME OF AUTHORIZED AGENT)
_________ __________________________________________________ (SIGNATURE OF AUTHORIZED AGENT)
Chief Administrative Officer _________________________________________________ (TITLE OF AUTHORIZED AGENT) 12/3/25 _________________________________________________ (DATE) 39-3632358 __________________________________________________ (FEDERAL EMPLOYEE IDENTIFICATION NUMBER)
LLC - P ______________________________ (ENTITY TYPE) ____________________________________ (STATE OF INCORPORATION, if applicable)
V9 100422
10
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CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT 6KDQD 7DPD\R NAME: PHONE (A/C, No, Ext): E-MAIL ADDRESS: VWDPD\R#FUVGHQYHUFRP
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Evergreen Surety 1114 W. 7th Ave. Ste. 240 Denver, CO 80204 303-520-0249 www.evergreensurety.com
September 10, 2025
Re: Surety Reference Letter – Alpine Roofing Holdings LLC To Whom It May Concern: The Gray Casualty & Surety Company is the bonding company for Alpine Roofing Holdings LLC. We consider Alpine Roofing Holdings LLC to be very well qualified and capable of successfully completing a wide range of projects. We will consider bonds in the $2,500,000 range with a $5,000,000 aggregate capacity. This information is provided for historical purposes only and does not represent established limits. Should an obligee request Alpine Roofing Holdings LLC to provide performance and payment bonds for a project, we stand prepared to do so subject to our standard underwriting procedures including, but not limited to, favorable review of the contract documents and bond forms. It should be understood that all bond requests are a matter between Alpine Roofing Holdings LLC and The Gray Casualty & Surety Company. We therefore assume no liability to any other party if for any reason we do not execute said bonds. The Gray Casualty & Surety Company is Treasury Listed and Licensed throughout the United States with an A.M. Best rating of A-, VIII. If you should have any questions regarding Alpine Roofing Holdings LLC and their ability to bond future projects, please feel free to contact us.
Sincerely,
Thomas W. Patton President
RESUME OF PROPOSED INSTALLATION SUPERINTENDENT Ɣ Name: Russell “Rusty” Miracle Ɣ Role at Alpine Roofing: General Superintendent Ɣ Recent Work History: ż 2011 - Present: General Superintendent, Alpine Roofing, Denver, CO ż 2009 - 2011: Roofing Superintendent and Project Manager, Atwell Roofing, Tulsa, OK ż 2003 - 2009: Roofer, Self-Employed ż 2000-2003: Roofing Foreman Supervisor, Peninsula Roofing, Soldotna, AK ż 1981 - 2000: Laborer, to Roofer, to Superintendent, Miracle Roofing and Insulation, Grand Junction, CO Ɣ Experience Summary: Rusty Miracle started in roofing in 1981 as a laborer and quickly worked up to an experienced roofer, being promoted to the supervisory role of Superintendent. During his 43 years in the roofing industry, Rusty’s focus has been on roof installation, scheduling, project managing, plan and specification review, supervising, quality control, safety, subcontractor relations and negotiating, product and equipment procurement, project coordination, client communications, and ensuring manufacturer specifications are being met. Roofing experience includes all types of single-ply and (TPO/PVC/EPDM - all manufacturers), built-up roofing, torch down, tile, composition shingles, wood shake shingles, polyurethane foam, coatings, stone-coated steel, below grade waterproofing, Bituthene 3000 and 4000, and walkable deck systems. Ɣ Client References: ż Brent Grimditch, Principal Consultant, Grimditch Design and Consulting, 303-5794764 ż Bob Cave, Principal Consultant, Cave Consulting, caveconsulting@comcast.net, 303507-6022 ż Bryan Reinke, Senior Associate, Wiss, Janney, Elstner Associates, Inc, breinke@wje.com, 970-405-6856 Additional Qualifications: OSHA 10 and OSHA 30, Forklift Operator, Heavy Equipment Training, Asbestos Containing Materials
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Project 4
Project 5
Project References Project Name University of Northern Colorado - Butler Hancock Re-roof Project Address 501 20th Street, Greeley, Colorado Project Scope Fully adhered EPDM re-roof at a university athletics center Project Size Approx. 35,000 Square Feet Contract Value $1,082,385.00 Project Start Date May 2023 Project Completion Date October 2023 Reference Name, Role, Company Ron Scott, Project Engineer, Rooftech Consultants Reference Phone 303-233-1092 Reference Email ron@rooftechconsultants.com Project Name Durango School District 2023 Re-roofs 4 Schools: Durango HS, Riverview ES, Escalante MS, Florida Mesa Project Address ES Fully adhered TPO roof replacements on Durango HS, Escalante Project Scope MS, Florida Mesa ES, and Riverview ES Project Size Approx. 150,000 Square Feet Contract Value $1,474,656.00 Project Start Date May 2023 Project Completion Date September 2023 Reference Name, Role, Company Ron Scott, Project Consultant, Rooftech Consultants Reference Phone 303-233-1092 Reference Email ron@rooftechconsultants.com Project Name City of Thornton - Infrastructure Maintenance Building Project Address 12450 Washington St, Thornton, CO 80241 Project Scope Fully adhered white EPDM re-roof at city maintenance building Project Size 26,000 Square Feet Contract Value $758,000.00 Project Start Date October 2023 Project Completion Date December 2023 Reference Name, Role, Company Bryan Reinke, Project Engineer, WJE Consultants Reference Phone 970-405-6858 Reference Email breinke@wje.com Project Name Arapahoe Ridge Elementary School Project Address 13095 North Pecos Street, Westminster CO 80234 Project Scope BUR re-roof at an academic building Project Size Approx. 37,855 Square Feet Contract Value $676,250.00 Project Start Date May 2022 Project Completion Date September 2022 Reference Name, Role, Company Bob Cave, Consultant, Cave Consulting Reference Phone 303-507-6022 Reference Email caveconsulting@comcast.net Project Name University Hills Elementary School Project Address 956 16th St, Boulder, CO 80302 Project Scope BUR, EPDM, and shingle roof install at an elementary school Project Size Approx. 38,900 Square Feet Contract Value $708,789.00 Project Start Date June 2020 Project Completion Date November 2022 Reference Name, Role, Company Steve Gilmor, Senior Superintendent, Fransen Pittman Reference Phone 303-667-7291 Reference Email sgilmor@fransenpittman.com
7th January
Paige Rodriguez Chief Administrative Officer Alpine Roofing
Exhibit B General Conditions The next 40 pages are the General Conditions.
4881-1136-4681, v. 1
BOULDER VALLEY SCHOOL DISTRICT RE-2 BOULDER, COLORADO
GENERAL CONTRACT CONDITIONS
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.
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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.
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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.
b.
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.
c.
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.
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d.
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.
e.
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.
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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.
b.
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.
c.
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.
d.
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.
e.
After the date of final completion of the Work, final settlement for the Project shall be advertised in accordance with Colorado law.
f.
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
$ 1,000,000
$ 1,000,000
$ 1,000,000
Personal Injury
$ 1,000,000
$ 1,000,000
$ 1,000,000
$ 1,000,000
Fire Damage Limit for any one fire
$ 50,000
$ 50,000
$ 50,000
$ 50,000
Medical payments per person
$ 5,000
$ 5,000
$ 5,000
$ 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.
d.
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
e.
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.
g.
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;
c.
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;
d.
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.
23
a.
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
36.01 Written Agreement. Unless specifically noted to the contrary in a subcontract approved in writing as adequate by the Owner, the Contractor agrees to bind each of its subcontractors by a written agreement and require in such agreements that every subcontractor be bound by the terms of the Construction Agreement, these General Conditions, any Supplementary Conditions, and the drawings and specifications as far as applicable to the subcontractor’s Work. 36.02
Subcontractors’ Agreement. Each subcontractor shall agree:
a.
To be bound to the Contractor by the terms of the Construction Agreement, these General Conditions, the Supplementary Conditions, the drawings and specifications, and any other Contract Documents, and to assume toward the Contractor all the obligations and responsibilities that the Contractor, by those documents, assumes toward the Owner.
b.
To preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights.
c.
To perform all Work in accordance with the requirements of the Contract Documents.
d.
To submit to the Contractor applications for payment in such reasonable time as to enable the Contractor to apply for payment as specified in the General Conditions.
e.
To make all claims for extras, for extensions of time, and for damages for delays or otherwise, to the Contractor in the manner provided in the General Conditions of the Contract and the Supplementary Conditions for like claims by the Contractor upon the Owner, except that the time for making claims for extra cost is one week.
f.
To purchase and maintain for the duration of the Project and completion of the Work and any warranty periods such insurance as required by Contractor in Article GC-47.00.
36.03 a.
Contractor’s Agreement. The Contractor agrees: To be bound to the subcontractor by all the obligations that the Owner assumes to the Contractor under the Construction Agreement, these General Conditions, any Supplementary Conditions, the 24
drawings and specifications, and by all the provisions thereof affording remedies and redress to the Contractor from the Owner. b.
To pay the subcontractor not later than twenty-one (21) days immediately following the payment of each certificate issued under the schedule of values described in these General Conditions, the amount allowed to the Contractor on account of the subcontractor’s Work to the extent of the subcontractor’s interest therein.
c.
To pay the subcontractor, upon the payment certificates, if issued otherwise than as in GC 36.03(b) above, so that at all times the Contractor’s total payments shall be as large in proportion to the value of the Work done by it as the total amount certified to the Contractor is to the value of the Work done by the subcontractor.
d.
To pay the subcontractor to such extent as may be provided by the Contract Documents or the subcontract, if either of these provides for earlier or larger payments than the above.
e.
To pay the subcontractor a just share of any insurance payment received by the Contractor, applicable to Work performed by such subcontractor.
36.04 Verified Documentation. The Owner may require the Contractor to submit verified documentation evidencing that full and timely payments have been made to its subcontractors and suppliers, and/or that legal justification exists for withholding payments. In addition, the Owner may contact the subcontractors and suppliers directly to obtain verification that payments have been made as required by law or the Contract Documents. 36.05 No Obligation. Nothing in this GC-36.00 shall create any obligation on the part of the Owner to pay or to see to the payment of any sums to any subcontractor, nor shall it form the basis for any action by the subcontractor against the Owner on any contractual theories. 36.06 Meeting with Architect. The Contractor shall arrange for the foreman of each subcontractor (mechanical, electrical, masonry, plastering, painting, etc.) on the job to meet with the Architect at the job prior to any Work being started by the subcontractor so that phases of the subcontractor’s Work can be thoroughly discussed and the quality of materials and workmanship expected can be completely understood and agreed upon. GC 37.00
CONTRACTORS’ MUTUAL RESPONSIBILITY
The entire Project may be covered by more than one contract and in such case there will of necessity be a certain overlapping of obligations and responsibilities. Each contractor shall, therefore, take due notice of the Work called for in contracts other than its own. If the Contractor causes damage to the Work of another contractor, the Contractor agrees, upon notice of said damage, to settle with such other contractor by agreement, if it will so settle. If such other contractor sues the Owner on account of any damage alleged to have been caused by the Contractor, the Owner may notify the Contractor who shall, at the Owner’s option, defend such proceedings at the Contractor’s expense or reimburse the Owner for the expenses incurred in its defense, and if any judgment against the Owner results therefrom, the Contractor shall pay or satisfy the judgment and pay all costs and expenses thereby incurred by the Owner. GC 38.00
CUTTING, PATCHING, AND EXCAVATING
38.01 Standards. The Contractor shall do all cutting, fitting, and patching that may be required to make the several parts of the Work come together properly and receive or be received by Work of other contractors or subcontractors shown upon, or reasonably implied by, the drawings and specifications for the completed Project. 25
38.02 Responsibility. Any cost caused by defective or improperly timed Work shall be borne by the party responsible therefor. The Contractor shall not endanger any Work by cutting, excavating, or otherwise altering the Work and shall not cut or alter the Work of any subcontractor except with the consent of the Architect. 38.03 Cutting and Sizing. The Contractor and each subcontractor shall leave all chases, holes, or openings straight, true, and of proper size in its own Work, or cut the same in existing Work as may be necessary for the proper installation of its own or another contractor’s or subcontractor’s Work, consulting with the Architect regarding proper location and size of same. In case of a failure to leave or cut said chases, holes, or openings in the proper place, the Contractor or subcontractors shall cut them afterward at their own expense. No excessive cutting shall be permitted, nor shall any piers or other structural members be cut or modified in the field without the written consent of the Architect. After such Work has been installed, the Contractor and subcontractors shall carefully fit around, close up, repair, patch, and point up same as directed to the entire satisfaction of the Architect. Each section of this specification shall include all cutting, patching, and excavating for that trade division unless specifically stated to the contrary. GC 39.00
EMPLOYEES
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