2024 Durango 9-R General Contractor Agreement_Over250.pdf

Date of Contract: DAY MONTH YEAR Jacobs: __________ Project Name: BP-XX- BP TITLE - 2024 Bond Program 9-R MgF: __________ General Contractor: FULL LEGAL NAME OF GC 9-R DS: __________ Revised 2021 December 15

AGREEMENT between OWNER and GENERAL CONTRACTOR

THIS AGREEMENT is made and entered into this day of , , by and between Durango School District 9-R (Durango 9-R, herein referred to as the “District”) and (herein referred to as the “Contractor”) for services related to the following Project:

Project Name/Services for Bid Package hereby designated for the purpose of this Agreement as the “Project”, to be constructed at the following location(s):

Services under this Agreement shall be performed in conjunction with design and contract administration services provided for the Project by hereinafter referred to as the “Architect”).

In consideration of the compensation to be paid to the Contractor and of the mutual covenants and provisions contained herein, the parties agree as follows:

ARTICLE 1

SCOPE OF WORK AND CONTRACT DOCUMENTS

1.1 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 as described in this Agreement, the Construction Drawings and Specifications as enumerated in Exhibit A attached hereto, and the other Contract Documents as listed in Article 9 herein. In addition, the Contractor shall provide and perform all necessary labor in an acceptable manner and in accordance with the conditions and prices stated in the Contractor’s Bid Proposal (Exhibit B, attached hereto) and the requirements, stipulations and provisions of the Contract Documents, as defined in the Durango 9-R General Conditions of the Agreement. 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 District’s official award of this contract to the Contractor, such award being based on acceptance by the District of the Contractor’s bid or specified parts thereof.

1.2 Contract Documents: The Contract Documents for the Project consist of this Agreement, Conditions of the Agreement (General and other), Drawings, Specifications, all Addenda issued prior to execution of this Agreement, and all Modifications issued subsequent thereto. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 9 and includes Exhibits A through H, referenced herein and attached hereto.

Exhibit A - List of Construction Drawings and Specifications;

Exhibit B - Contractor’s Bid Proposal;

Exhibit C - Preliminary Project Schedule;

Exhibit D – Durango 9-R Invitation to Bid;

Exhibit E - Notice of Award;

Exhibit F - Certification Statement Regarding Workers Without Authorization;

Exhibit G - Criminal Records Check Certification; and Exhibit H - 2024 Bond Program Contractor and Consultant Badging Requirements.

1.3 Extent of Agreement: This Agreement represents the entire agreement between the District and the Contractor and supersedes all prior negotiations, representations or agreements, except as shall be incorporated or referenced herein.

This Agreement shall not be superseded by any provisions of the documents for construction and may be amended only by written instrument executed by both the District and the Contractor. Nothing contained herein shall be deemed to create any contractual relationship between the Contractor and the Architect, or between the District or the Architect

DRAFT

General Contractor: FULL LEGAL NAME OF GC 9-R DS: __________ Revised 2021 December 15 and any of the Contractor’s subcontractors, sub-subcontractors or material suppliers on the Project; nor shall anything contained herein be deemed to give any third party any claim or right of action against the District or the Contractor which does not otherwise exist without regard to this Agreement.

ARTICLE 2

GENERAL CONTRACTOR RESPONSIBILITIES

2.1 Contractor Responsibilities: During Construction of the Project, the Contractor will provide all services related to planning, scheduling and execution of the Work as provided in the General Conditions of the Agreement, including but not limited to:

2.1.1 Project Control - Assign to the Project, throughout the duration of the Work, a full-time, competent superintendent acceptable to the District and the Architect, in accordance with Section GC-20.0 of the General Conditions of the Agreement. Supervise the Work of the subcontractors and the Contractor’s own labor, and coordinate the Work with the activities and responsibilities of the District and the Architect in order to complete the Project in accordance with this Agreement.

2.1.2 Organization - Establish, document and communicate on-site organization and lines of authority in order to carry out the overall plans of the Work in cooperation with the Architect and District representatives. Establish and implement procedures for coordination among the District, Architect, subcontractors, suppliers and the Contractor with respect to all aspects of the Project.

2.1.3 Scheduling - Within ten (10) calendar days after the Notice of Award, submit for the District’s approval two (2) copies of an overall timetable for the operations of the Contractor, subcontractors and material suppliers on the Project, including realistic activity sequences and durations, allocation of labor resources, processing of shop drawings and other specified submittals, and delivery of products requiring long lead-time procurement. Include the District’s move-in and occupancy requirements in all schedules, showing each portion of the Project having occupancy priority, if any.

Contents and format of the schedule shall be as per the requirements stated in the General Conditions of the Agreement.

2.1.4 Evaluation - Conduct weekly progress meetings at which subcontractors, the District, the Architect and the Contractor discuss jointly such matters as procedures, progress, problems and scheduling. Determine and monitor the adequacy of subcontractors’ personnel and equipment and the availability of materials and supplies to meet the schedule, and require enhancements as necessary to meet the scheduled complete date.

2.1.5 Change Orders - Develop with the Architect and the District and implement a system for the expeditious review and processing of Changes Orders. Propose necessary or desirable changes in the Work to the District and the Architect, review requests for changes, submit recommendations to the District and the Architect, and negotiate Change Orders with subcontractors, in accordance with Section GC-21.0 of the General Conditions of the Agreement.

2.1.6 Safety Measures - The Contractor shall establish procedures and measures for the safety of persons and property at the

Project site and around the Work, assuring compliance with all Federal, State and local statutes, rules, regulations and orders applicable to safe conduct of the Work. The Contractor is responsible for development and implementation of a written job specific safety plan to the District prior to commencement of any on-site activities.

2.1.8 Record Documents - Maintain at the Project site current records of all: contracts, subcontracts and purchase orders;

shop drawings, samples and other approved submittals; material safety data sheets for all materials on-site; operating and maintenance manuals and instructions for all materials and equipment incorporated in the Work; and any other documents and revisions thereto which arise out of the Agreement or the Work. Obtain data from subcontractors and maintain a current set of record drawings, specifications, operating manuals, warranties and guarantees. Upon completion of the Project, submit all such documents to the Architect for delivery to the District, in multiple sets as shall be determined by the District.

2.1.9 Occupancy - Determine when the Work or of designated portions thereof are sufficient complete to permit move-in activities and/or beneficial occupancy by the District, and provide written notification to the Architect and the District

General Contractor: FULL LEGAL NAME OF GC 9-R DS: __________ Revised 2021 December 15 that the Work is ready for inspection and occupancy, including a list of incomplete or unsatisfactory items together with a schedule for their completion or correction.

2.1.10 Start-Up and Training - With the District’s maintenance personnel and the Architect, schedule and direct the check-out of equipment, operating systems and utilities for readiness, and assist in their initial start-up and testing by the appropriate representatives and authorities. Arrange and facilitate the training of District personnel as required, using approved Operation and Maintenance manuals as a guide, and video-record all sessions for the District’s use in training future personnel.

2.1.11 Final Completion - Determine final completion of the Work, and provide written notification to the Architect and the

District that the Work is ready for final inspection and acceptance. Include a copy of the Architect’s punch list signed off by each responsible party. Secure and transmit to the Architect all required Certificates of Occupancy, guarantees, tax affidavits, certificates, releases, bonds and waivers. Deliver to the District all keys and specified maintenance stocks.

2.1.12 Warranty - During the one-year general warranty period, which shall begin upon Final Acceptance of the Project by the District, perform warranty inspections as requested, and ensure that any Work which proves defective or deficient during the general warranty period or any longer warranty period specified for individual portions of the Work is promptly corrected by the subcontractors or other parties responsible or by any other means as may be required, at no additional cost to the District.

2.2 Additional Services: The Contractor shall perform additional services only upon the express, prior authorization of the

District, to be reimbursed as provided herein. Additional services may include: analysis of existing conditions or equipment; assistance with Owner-furnished fixtures or equipment not a part of the Work; serving as an expert witness in a legal proceeding; or other services requested by the District either during or after completion of services under this Agreement.

ARTICLE 3

DISTRICT RESPONSIBILITIES

3.1 Information: The District shall provide full information regarding its requirements for the Project.

3.2 District’s Representative: The District shall designate a representative who shall be acquainted with the scope of the

Work and has authority to approve budgets, costs and adjustments thereto, render decisions regarding scope and schedule, and otherwise furnish Owner information necessary for completion of the Work.

3.3 Architect: The District shall retain an Architect to provide design services and to prepare Construction Documents for the Project. The Architect’s services, duties and responsibilities are described in the Agreement between the District and the Architect, a copy of which shall be furnished to the Contractor upon request.

3.4 Defects: If the District becomes aware of any default or defect in the Project or non-conformance with the Contract

Documents, it shall give prompt written notice thereof to the Contractor. This provision shall not, however, charge the District with any obligation to make inspections and shall in no manner be construed to discharge or modify the Contractor obligations to supervise, inspect, or otherwise complete the Project in accordance with the Contract Documents.

3.5 Surveys and Special Testing: Insofar as the Project contemplated under this Agreement may require, the Contractor shall be entitled to information giving a complete and accurate survey of the construction area of the Project site and existing grades and lines of adjacent streets, pavements and adjoining properties; information as to the rights, restrictions, easements, surface water courses, boundaries and contours of the building area of the Project site; and full information as to existing sanitary sewer, storm sewer, water, gas and electrical services. The District shall furnish all such data as necessary for proper completion of the work, upon request. The District likewise shall order and pay for all borings or test holes and for any mechanical, chemical or other test, as well as professional inspections and reports incident to proper appraisal of the site for the contemplated construction. A copy of such tests and professional reports shall be filed with the District and shall be available to the Contractor, upon request.

General Contractor: FULL LEGAL NAME OF GC 9-R DS: __________ Revised 2021 December 15

3.6 District’s Expense: The services, information, surveys and reports required herein shall be obtained and furnished at the District’s expense.

ARTICLE 4

SUBCONTRACTS

4.1 Substitution: If the District declines to accept a subcontractor proposed by the Contractor, the Contractor shall recommend an acceptable substitute. The Contract Sum, if affected by such a change, shall be increased or decreased by the difference in cost occasioned by such substitution, and an appropriate Change Order shall be issued.

4.2 Subcontract Forms: The form of all subcontracts shall be satisfactory to the District, the Architect and the Contractor, and shall reference all General Conditions of this Contract.

ARTICLE 5

CONTRACT TIME SCHEDULE

5.1 Schedule: The services and the Work to be performed under this Contract shall be in general accordance with the

Preliminary Project Schedule, attached hereto as Exhibit C.

5.2 Time of Commencement and Completion:

MONTH DAY, YEAR - Start of Construction outside the existing building(s).

MONTH DAY, YEAR - Start of Remodeling inside the existing building(s).

MONTH DAY, YEAR - Completion of the Work, permitting legal occupancy.

MONTH DAY, YEAR - Final Completion of Work, including all punch list items and specified close-out documents.

5.3 Delays and Extension of Time: The Preliminary Project Schedule shall be extended by Change Order for such reasonable time as the District may determine if the Contractor is delayed at any time in the progress of the Work: by any act or neglect by the District or the Architect, or by any employee of either; or by any separate Contractor employed by the District; or by any directed changes which unavoidably extend the critical path of the Work, except as the Contract Sum shall be adjusted as necessary to offset or make up the time lost; or by labor disputes, fire, abnormal weather conditions, unavoidable casualties, or any other causes beyond the Contractor’s control or reasonable anticipation. Requests for extension of time or claims for extra costs occasioned by such delays shall be subject to approval by the District and the Architect and shall be made in writing within seven (7) days after the occurrence of the delay or event causing the extra costs; otherwise, they shall be waived and barred.

ARTICLE 6

CONTRACT SUM

6.1 Compensation: The District 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: , ($ .00), subject to future adjustments as provided in the Contract Documents. The amount of money appropriated by the District for the Project is equal to or in excess of the Contract Sum.

6.2 Determination: The Contract Sum includes the Base Bid per the Contractor’s Bid Proposal and Accepted Alternates, including mutually accepted adjustments, as identified below:

6.2.1 Base Bid -

6.2.2 Accepted Alternates - An additional sum of ($ .00) for performance of the Work for Bid Alternates as follows:

Bid Alternate No. - $ .

Bid Alternate No. - $ .

General Contractor: FULL LEGAL NAME OF GC 9-R DS: __________ Revised 2021 December 15

6.3 Payments: Progress payments shall be made monthly in proportion to the satisfactory progress of the Work, subject to retainage in the amount of five percent (5%), and otherwise in accordance with Section GC-30.0 of the General Conditions of the Agreement. Remaining balances owed under this Agreement shall be paid in full upon Project Acceptance and final payment.

6.4 Adjustments: Additional adjustments in the Contract Sum shall be made as follows:

6.4.1 Change Orders - For changes in the Work as provided for in Article 7, the Contract Sum shall be adjusted by one of the ways described in Subparagraph 7.2.

6.4.2 Delays - For delays in the Work, other than for weather, and which are not the responsibility of the Contractor, there will be an equitable adjustment in the Contract Sum to compensate the Contractor for verified and documented additional expenses related to services provided for the Work.

6.4.3 Additional Services - Payment for additional services performed in accordance with Paragraph 2.2 shall be computed as follows:

Labor Expenses: Direct Personnel Expense (base wage or salary) times .

Non-Labor Expenses: Actual cost plus percent ( %).

ARTICLE 7

CHANGES IN THE WORK

7.1 Authorization: The District, without invalidating this 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 Contract Sum and/or the Contract Time shall be adjusted accordingly. All such Changes in the Work shall be authorized by written Change Order.

7.2 Determination: The cost or credit to the District resulting from a Change in the Work shall be determined in accordance with Section GC-21.0 of the General Conditions of the Agreement

7.3 Claims for Extra Costs or Time: If the Contractor wishes to make a claim for Additional Services, an increase in the

Contract Sum, or an extension of the Contract Time, written notice thereof shall be given to the District within seven

(7) days after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the work or service in question, except in an emergency endangering life or property. Claims arising from delay shall be made in the same manner, and no such claim shall be valid unless so made. If the District and the Contractor cannot agree upon the amount of the adjustment in the Contract Sum or Contract Time, it shall be determined pursuant to the provisions of Article 5. Any change in the Contract Sum or Contract Time resulting from such claim shall be authorized by Change Order.

7.4 Minor Changes in the Work: The Architect shall have authority to order minor Changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such Changes may be effected by Field Order or by other written order issued by the Architect to the Contractor after consultation with and acceptance by the District, and shall be binding upon the District and the Contractor.

7.5 Field Orders: The Architect may issue written Field Orders which interpret the Contract Documents or which order minor Changes in the Work in accordance with Paragraph 7.4 without change in the Contract Sum or the Contract Time.

7.6 Emergencies: In any emergency affecting the safety of persons or property, the Contractor shall act at its discretion to prevent such damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of such emergency work shall be determined as provided in this Article.

General Contractor: FULL LEGAL NAME OF GC 9-R DS: __________ Revised 2021 December 15

ARTICLE 8

DISCOUNTS, REBATES AND REFUNDS

All discounts for prompt payment shall accrue to the District to the extent the Costs of the Work are paid directly by the District or from a fund made available by the District to the Contractor for such payments. To the extent the Costs of the Work are paid with funds of the Contractor, all cash discounts shall accrue to the Contractor, provided, however, that all costs claimed pursuant to Article 8 and billed to the District shall reflect such discounts.

ARTICLE 9

MISCELLANOUS PROVISIONS

9.1 Definition of Terms: Terms used in this Agreement which are defined in the General Conditions of the Agreement shall have the meanings designated in those Conditions.

9.2 Employment: In the performance of the Work under this Agreement, the Contractor agrees to comply with the applicable provisions of the Colorado Anti-Discrimination Act of 1957. The Contractor agrees that he or she will not discriminate against any employee or applicant for employment because of race, creed, color, sex, or national origin.

The Contractor also agrees that he or she will take affirmative action to ensure that applicants when employed are treated during the employment without regard to their race, creed, color, sex, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

9.3 Workers Without Authorization: The Contractor shall comply with C.R.S. §8-17.5-101, et seq., regarding Works

Without Authorization – Public Contracts for Services, and this section of this Agreement.

9.3.1 The Contractor shall not:

a. Knowingly employ or contract with a worker without authorization to perform work under this Agreement; or

b. Enter into a contract with any entity that fails to certify that the entity will not knowingly employ or contract with a worker without authorization to perform work under this Agreement.

9.3.2 The Contractor confirms through participation in either the Federal “E-Verify Program” or the Colorado Department of Labor Program that he or she does not employ any workers without authorization who have been newly hired to perform work under this contract. The “E-Verify program” is the electronic Employment Verification Program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security and the Social Security Administration. The application is currently on-line at https://e-verify.uscis.gov/enroll/.

9.3.3 The Contractor shall not use either the E-Verify Program or the Colorado Department of Labor Program procedures to undertake pre-employment screening of job applicants while this Agreement is in effect.

9.3.4 If the Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with a worker without authorization, the Contractor shall:

a. Notify the subcontractor and the District within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with a worker without authorization; and

b. Terminate the contract with the subcontractor if within three days of receiving notice required pursuant to the preceding sub-subparagraph of this subparagraph the subcontractor does not stop employing or contracting with a worker without authorization, except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with a worker without authorization.

9.3.5 The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. §8-17.5- 102(5).

General Contractor: FULL LEGAL NAME OF GC 9-R DS: __________ Revised 2021 December 15

9.3.6 If the Contractor violates any provision of this Agreement pertaining to workers without authorization, the District may terminate this Agreement for a breach of contract. If the Agreement is so terminated, the Contractor shall be liable for actual and consequential damages to the District as required by law.

9.3.7 The District will notify the Office of the Secretary of State is the Contractor violates this provision of this Agreement and the District terminates the Agreement for such breach.

9.3.8 The Contractor shall execute the certification provided by the District and return it to the District in conjunction with the execution of this Agreement.

9.3.9 The Contractor shall obtain certifications from its subcontractors regarding the prohibition against use of workers without authorization on this Project on the form provided by the District before allowing the sub-consultant to do any work on the Project.

9.4 Colorado Labor: In accordance with the Keep Jobs in Colorado Act of 2013 and C.R.S. §8-17-101, et seq., not less than eighty percent (80%) of the labor employed to perform the Work under this Agreement shall be Colorado residents. “Colorado resident,” as used herein, means any person who is, at the time of employment, and has been, for a minimum of six (6) months prior, a legal resident of the State of Colorado.

9.5 Background Checks: The GC shall certify to the District that Criminal Background Checks will be conducted for all employees or sub-consultant employees who may be in contact with students at any District facility. No employee may work on District property until the District receives verification of a background check through the U.S. Department of Justice, the Colorado Bureau of Investigation, Accurate Background check or district approved equivalent ensuring that such employee has no criminal record that includes any conviction for the offense of sexual assault as described in C.R.S. 18-3-402, or for a sexual offense against a child, or for child abuse as described in C.R.S. §18-6-401, nor that the individual has been dismissed or resigned from a school district under the circumstances described in C.R.S. §22- 32-109.7(1)(b). Employees who have been convicted of, pled nolo contendere to, or received a deferred sentence or deferred prosecution for a felony or a misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children, will not be allowed to work on District property. Employers are responsible for adhering to any Federal, State or local privacy and confidentiality requirements and other laws, regulations or policies governing employees’ background checks.

9.6 Assignment: Neither party to this Agreement shall assign its interests herein, in whole or in part, without the express written consent of the other party, nor shall the Contractor assign any monies due or to become due to it hereunder without the prior written consent of the District.

9.7 Binding Effect: This Agreement shall be binding upon the heirs, personal representatives, successors and assigns of the respective parties to the Agreement.

9.8 Controlling Law: This Agreement is being executed and is to be performed in the County of La Plata and the State of

Colorado, and shall be enforced and construed according to the laws therein.

9.9 Waiver: Any failure of the District or the Contractor to require strict performance, or any waiver of any provision herein, shall not be construed as a consent or waiver to any other breach of the same or any other provision.

9.10 Severability: If in any instance any provision hereof shall be determined to be invalid or unenforceable under any applicable law, such provision shall not apply in such instance, but the remaining provisions shall be given effect in accordance with their terms.

9.11 Notices: Any notices required or permitted under this Agreement or which any party elects to give shall be in writing and shall be deemed given when personally delivered to the other party’s authorized representative, identified as Frank Mutz (for the District) and for the GC, or when deposited in the United States Postal Service certified mail, postage prepaid and addressed to the District (Attn: Frank Mutz, Manager of Facilities, Durango School District, 281 Sawyer Drive, Suite 100, Durango, Colorado 81303) or to the GC at the address set forth below.

General Contractor: FULL LEGAL NAME OF GC 9-R DS: __________ Revised 2021 December 15

9.12 The Contract Documents: At the start of this Agreement, the Contract Documents shall consist of this document and the following attachments which are incorporated herein by reference. In case of any inconsistency, conflict or ambiguity among the Contract Documents, the documents shall govern in the order in which they are named herein:

1. This Agreement;

2. Durango 9-R General Conditions of the Agreement, dated December 2021

3. Distribution of the Cost of Work

4. Exhibit A - List of Construction Drawings and Specifications;

5. Exhibit B - Contractor’s Bid Proposal;

6. Exhibit C - Preliminary Project Schedule;

7. Exhibit D – Durango 9-R Invitation to Bid;

8. Exhibit E - Notice of Award;

9. Exhibit F - Certification Statement Regarding Workers Without Authorization;

10. Exhibit G - Criminal Records Check Certification; and

11. Exhibit H - 2024 Bond Program Contractor and Consultant Badging Requirements.

General Contractor: FULL LEGAL NAME OF GC 9-R DS: __________ Revised 2021 December 15

This Agreement is effective the day and year first written above, upon the signatures of the undersigned parties.

ATTEST: OWNER: DURANGO SCHOOL DISTRICT 9-R

By: By:

Dr. Karen Cheser Name: District Superintendent Durango School District 9-R Title:

ATTEST: CONTRACTOR:

By: By:

Name: Name:

Title: Title:

DURANGO 9-R GENERAL CONDITIONS OF THE CONTRACT December 2021

Table of Contents

GC 1.0 CONTRACT DOCUMENTS

GC 2.0 DEFINITIONS

GC 3.0 ORAL STATEMENTS

GC 4.0 REFERENCE STANDARDS

GC 5.0 ITEMS COVERED BY CONTRACT PRICE

GC 6.0 CASH ALLOWANCES

GC 7.0 EXECUTION, CORRELATION, INTENT AND INTERPRETATION

GC 8.0 DRAWINGS AND SPECIFICATIONS

GC 9.0 SHOP DRAWINGS AND SAMPLES

GC 10.0 APPROVAL OF SUBSTITUTIONS

GC 11.0 MATERIALS, LABOR, FACILITIES AND STORAGE

GC 12.0 EMPLOYEES

GC 13.0 ROYALTIES AND PATENTS

GC 14.0 SURVEYS, PERMITS AND INSPECTIONS

GC 15.0 STATUTES, ORDINANCES AND REGULATIONS

GC 16.0 SALES AND USE TAXES

GC 17.0 BENCHMARKS, MONUMENTS, STAKES, AND MEASUREMENTS

GC 18.0 PROTECTION OF WORK AND PROPERTY

GC 19.0 ACCESS TO WORK

GC 20.0 CONTRACTOR’S ON-SITE SUPERINTENDENCE AND MANAGEMENT

GC 21.0 CHANGES IN THE WORK

GC 22.0 CLAIMS FOR EXTRA COST OR ADDITIONAL TIME

GC 23.0 HAZARDOUS MATERIALS

GC 24.0 CHANGED CONDITIONS

GC 25.0 CORRECTION OF WORK

GC 26.0 DISTRICT’S RIGHT TO CARRY OUT WORK

GC 27.0 DISTRICT’S TERMINATION WITHOUT CAUSE

GC 28.0 DISTRICT’S TERMINATION FOR CONTRACTOR’S BREACH (WITH CAUSE)

GC 29.0 CONTRACTOR’S TERMINATION FOR DISTRICT’S BREACH

GC 30.0 PAYMENT

GC 31.0 CONSTRUCTION SCHEDULE AND MONTHLY UPDATE REPORTS

GC 32.0 INDEMNIFICATION

GC 33.0 INSURANCE

GC 34.0 PERFORMANCE AND PAYMENT BONDS

GC 35.0 SUBCONTRACTS

GC 36.0 RELATIONS OF CONTRACTOR AND SUBCONTRACTOR

GC 37.0 ARCHITECT/CONSULTANT’S STATUS AND INSPECTIONS

GC 38.0 USE OF PREMISES

GC 39.0 WORK IN EXISTING BUILDINGS

GC 40.0 CUTTING, PATCHING, AND EXCAVATION

GC 41.0 CLEANING UP

GC 42.0 OCCUPANCY

GC 43.0 DAMAGE TO UTILITIES

GC 44.0 BLASTING

GC 45.0 TESTING OF BUILDING SYSTEMS

GC 46.0 TEMPORARY OR TRIAL USAGE

GC 47.0 SEPARATE CONTRACTS

GC 48.0 CONTRACTORS’ MUTUAL RESPONSIBILITY

GC 49.0 LIENS

GC 50.0 COMPLETION, ACCEPTANCE AND FINAL PAYMENT

GC 51.0 DIRECTORY OF SUBCONTRACTORS AND SUPPLIERS

GC 52.0 WARRANTIES ON PORTIONS OF THE WORK

GC 53.0 CONTRACTOR’S PROJECT GUARANTEE AFTER COMPLETION

GC 54.0 LIMITATION OF ACTIONS AND VENUE

GC 55.0 GEOTECHNICAL INVESTIGATION REPORT

GC 56.0 EXPEDITING MATERIALS

GC 57.0 MISCELLANEOUS KEYS, SWITCHES, ETC

GC 58.0 PREFERENCE FOR COLORADO LABOR, MATERIALS AND RESIDENT BIDDERS

GC 59.0 LABOR DISPUTES

GC 60.0 LABOR, WORKMANSHIP AND SCHOOL SECURITY

Durango School District 9-R

GC 1.0 CONTRACT DOCUMENTS

1.0 All provisions under GC 1.0 Contract Documents are to be replaced by provisions outlined in the AGREEMENT between OWNER and CONSTRUCTION

MANAGER/GENERAL CONTRACTOR, ARTICLE 1 CONTRACT DOCUMENTS AND

EXTENT OF AGREEMENT.

2.0 Wherever GC 1.0 Contract Documents is referenced in the General Conditions, it shall be deemed to mean ARTICLE 1 CONTRACT DOCUMENTS AND EXTENT OF AGREEMENT as noted in the preceding paragraph.

3.0 Wherever the “Owner-Contractor Agreement” is referenced in the General Conditions, it shall be deemed to mean the AGREEMENT between OWNER and CONSTRUCTION MANAGER/GENERAL CONTRACTOR.

GC 2.0 DEFINITIONS

2.1 Words, phrases and other expressions used in these Contract Documents shall have meanings as follows:

2.1.1 “Architect” or “Architect/Consultant” shall mean the architects, consultants and/or engineers designated, appointed, or otherwise employed or delegated by the District or its duly authorized representatives, acting within the scope of the particular duties entrusted to them in each case.

2.1.2 “Contract” or “Contract Documents” shall include the items enumerated in the Owner-Contractor Agreement between Owner and Construction

Manager/General Contractor, Article 1 Contract Documents and Extent of

Agreement.

2.1.3 “Contractor” shall mean the corporation, company, partnership, firm, entity or individual, named and designated as such in the Contract

Documents, which has entered directly into this Contract with the District for the performance of the work covered thereby, and any persons or entities acting on its behalf.

2.1.4 “Date of Acceptance” for a project is the date when: construction and correction of all punch-list items are certified by the Architect/Consultant to be totally complete in accordance with Contract Documents, as modified by any change orders agreed to by the parties; all contractual close-out submittals have been delivered by the Contractor and accepted by the District; and the Contractor has submitted a final application for payment representing thereby satisfaction of all terms of the Contract and all Contractor claims on the Owner. Such date will be set forth in a Letter of Acceptance issued by the District; and upon delivery of Consent of

Surety (if included under the Owner-Contractor Agreement) to the Owner, Final Settlement will be publicly advertised in accordance with State statute, and payment will be issued as per the Owner-Contractor

Agreement.

2.1.5 “District” or “Owner” shall mean Durango School District 9-R named and designated as such in the Contract Documents and acting through its duly authorized representative.

2.1.6 “Drawings” or “plans” shall mean all (a) drawings furnished by the District or the Architect/Consultant as a basis for award of contract; (b) supplementary drawings furnished by the District or the

Architect/Consultant to clarify and to define in greater detail the intent of the Contract drawings and specifications; (c) drawings furnished by the

District or the Architect/Consultant to the Contractor during the progress of the work; and (d) engineering data and drawings submitted by the

Contractor during the progress of the work, provided such drawings are acceptable to the Architect/Consultant.

2.1.7 “Final Completion” or “finally completed” shall mean that, as determined by the District and the Architect/Consultant after their inspection, the entire Project is finished, including satisfactory completion of all punch-list items as determined by the Architect/Consultant and satisfaction of all contract requirements for start-up, testing, reports, training, Operation and

Maintenance manuals, keys, extra parts and materials, and as-built documents.

2.1.8 “Liquidated Damages” are pre-determined dollar amounts to which either party shall be entitled in consequence of unexcused delays to timely completion of the Work arising from actions or failures for which the other party is responsible. The dollar amount of Liquidated Damages, if any, shall be stated in the Owner-Contractor Agreement.

2.1.9 “Notice” 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 or entity for whom it is intended, or if sent by registered or certified mail to the last known business address.

2.1.10 “The Project” is the total construction designed by the

Architect/Consultant or the Owner, of which the work performed under the

Contract Documents may be the whole or a part.

2.1.11 “Specifications” are written technical information concerning materials, components, systems and equipment as indicated on the drawings or plans and stating the quality, performance, characteristics and installations to be achieved by application of appropriate construction methods.

2.1.12 “Subcontractor” shall mean and refer to a corporation, partnership, entity or individual having a direct contract with the Contractor or another

Subcontractor for performing work and/or furnishing labor or material which is incorporated into the work at the request of the Contractor or other Subcontractor.

2.1.13 “Substantial Completion” shall mean that the Work is sufficiently complete for Owner occupancy of all or a designated portion of the Project premises, and operation and maintenance of all systems and equipment are under control of appropriately trained District personnel, with only occasional construction personnel and equipment required for correcting unfinished or defective work. Any remaining Work shall not be such as would interfere with the occupied area’s intended occupancy, use or operation. When the Contractor believes that Substantial Completion has been achieved, he shall provide written notification to the

Architect/Consultant and the District that the Work is ready for inspection and occupancy. That notification shall include a punch-list of incomplete or unsatisfactory items together with a schedule for their completion. If upon inspection the Architect/Consultant and the District agree that the work is substantially complete as defined herein, the date of Substantial

Completion shall be established by the District in writing to the Contractor, including the Architect/Consultant’s final punch-list and setting a date by which all unsatisfactory items are to be corrected. All warranty periods shall be effective starting on the date of Substantial Completion as established by the District in writing per the above, unless modified by written Owner-Contractor Agreement between the District and the

Contractor. The Contractor understands that if the Work is not complete as defined herein on or before the Completion Date identified in the

Owner-Contractor Agreement, Liquidated Damages will be assessed starting the day after the scheduled Completion date. The District’s need to occupy a facility even though the Contractor has not substantially completed the scope of work will not negate the assessment of Liquidated

Damages, which will continue to be assessed until such time when the

District determines the Work to be substantially complete.

2.1.14 “The Work” shall mean all equipment, supplies, materials, labor and services to be provided under the Contract by the Contractor, its subcontractors and its suppliers in carrying out all obligations imposed or required by the Contract Documents, including but not limited to all contractual close-out obligations and punch-list items.

2.2 As used in the Contract Document, the words “he”, “she”, “his”, “her”, “him”, “it” or similar pronouns shall mean and include either gender and, where applicable in the context, shall refer to the Contractor, Architect/Consultant, Subcontractor or other party involved.

2.3 All time limits stated in the Contract Documents are of the essence of the

Contract.

2.4 The laws of the State of Colorado shall govern the Contract.

GC 3.0 ORAL STATEMENTS

It is understood and agreed that the written terms and provisions of the Contract

Documents shall supersede all oral statements of representatives of the District, and oral statements shall not be effective or be construed as being a part of the

Contract.

GC 4.0 REFERENCE STANDARDS

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 at the date of the

Contract unless specifically stated otherwise.

GC 5.0 ITEMS COVERED BY CONTRACT PRICE

Unless otherwise stipulated, the Contractor shall accept the compensation stated in the Owner-Contractor 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 arising from the nature of the work, from the action of the elements or from any unforeseen difficulties which may be encountered; all risks of every description connected with the prosecution of the work; all expenses incurred in consequences 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 6.0 CASH ALLOWANCES

The Contractor shall include in the Contract Sum all Allowances stated in the

Contract Documents. These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site and all applicable taxes. The

Contractor's handling costs on the site, labor, installation costs, overhead, profit and other expenses contemplated for the original allowance shall be included in the Contract Sum and not in the Allowance. The Contractor shall cause the work covered by these allowances to be performed for such amounts and by such persons as the District or Architect/Consultant may direct, but the Contractor will not be required to employ persons against whom he makes a reasonable objection. If the cost, when determined, is more than or less than the allowance, the Contract Sum shall be adjusted accordingly by change order, including additional handling costs on the site, labor, installation costs, overhead, profit and other expenses resulting to the Contractor from any increase over the original allowance.

GC 7.0 EXECUTION, CORRELATION, INTENT AND INTERPRETATION

7.1 Execution. The Contract Documents shall be signed by the Contractor and delivered to the District in multiple counterparts prior to the Notice to Proceed.

The Contractor shall submit to the District a minimum of two (2) dully executed original sets of the Owner-Contractor Agreement, Performance Bond and Labor and Material Payment Bond with original Power of Attorney and endorsements, and certificates of required insurance. The date of the Contract for purposes of these documents shall be the date stated in the Owner-Contractor Agreement or, if not so stated, the date of the Notice of Award letter. The District will execute the Owner-Contractor Agreement, assemble all copies and distribute the

Contract Documents. The Contractor shall not commence work until the

Contractor receives the Notice of Award. The Contractor shall not commence the work at the Project site until the Contractor receives a Notice to Proceed. All

Bonds and insurance certificates shall be submitted to the District prior to the award of the first subcontract.

7.2 Correlation. By executing the Owner-Contractor Agreement, the Contractor represents that it has visited the site, familiarized itself with the local conditions under which the work is to be performed and correlated its observations with all requirements of the Contract Documents.

7.3 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, which as applied have a well-known technical or trade meaning, shall be held to conform to such recognized standards.

7.3.1 Organization of the specifications into divisions, sections and articles and the arrangement or grouping 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.

7.3.2 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.

7.3.3 The specifications and drawings are intended to complement 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/Consultant.

7.4 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 supplemental instructions from the Architect/Consultant before proceeding with the work affected thereby. The Contractor shall secure written interpretations or instructions by submittal of a Request for Information form to the

Architect/Consultant. The Architect/Consultant or the District will not acknowledge verbal requests. Additional costs incurred by the District as a result of unnecessary requests made by the Contractor, as determined by the District, 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.

7.4.1 Where a conflict occurs between or within standards, specifications and drawings, the more stringent or higher quality requirements shall apply.

The precedence of the construction documents is in the following sequence:

7.4.1.a Change Orders, Architect’s Supplemental Instructions and

Architect/Consultant written interpretations shall take precedence over the original construction documents and any addenda.

7.4.1.b Addenda to the drawings and specifications shall take precedence over the original construction documents.

7.4.1.c The specifications shall have precedence over the drawings.

7.4.1.d In the drawings, the precedence shall be drawings of larger scale over those of smaller scale and noted materials over graphic indications.

7.4.2 Any work mentioned in the specifications and not shown in the drawings or shown in the drawings and not mentioned in the specifications shall be of like effect as if shown or mentioned in both. Contractor shall examine the drawings and specifications and check all Documents and notify the

District and the Architect/Consultant of discrepancies between the specifications and drawings and of any deficiencies, omissions or errors therein before proceeding with any affected work.

7.4.3 In the event of a conflict between or among the Owner-Contractor

Agreement and/or the General Conditions with the Specifications, the

Owner-Contractor Agreement and/or the General Conditions shall control.

In the event of a conflict between the General Conditions and the Owner-

Contractor Agreement, the Owner-Contractor Agreement shall control.

GC 8.0 DRAWINGS AND SPECIFICATIONS

8.1 Copies Furnished. Unless otherwise provided in the Contract Documents, the

Contractor will be furnished, free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work as described in the Owner-Contractor Agreement.

8.2 Ownership of Drawings. All drawings, specifications and copies thereof furnished by the Architect/Consultant are the property of the Architect/Consultant and the

District, whether the work for which they are made be executed or not, and they are not to be used on other work except by written Owner-Contractor Agreement with the Architect/Consultant and the District.

8.3 Drawings and Specifications Available on the Site. The Contractor shall maintain at the site for the District and the Architect/Consultant one (1) copy of all drawings, specifications, addenda, approved shop drawings, change orders and other modifications, in good order and marked to record all changes made during construction. The Contractor shall also keep on the site all applicable standards, codes, manufacturers’ or other specifications referenced in the Contract

Documents. The drawings, marked to record all changes made during construction, shall be delivered to the Architect/Consultant for the District upon completion of the Work.

8.4 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/Consultant.

8.5 Contractor to Check Drawings and Schedules. The Contractor shall check all dimensions, elevations, and quantities shown on the drawings and furnished by the Architect/Consultant, and shall notify the Architect/Consultant of any discrepancy between the drawings and the conditions on the project site, or any error or omission in drawings, or in the layout as given by stakes, points, or instructions, which it may discover. Before ordering any material or doing any work, the Contractor shall verify all measurements at the building and shall be responsible for the correctness of same. No extra charge or compensation will be allowed on account of differences between actual dimensions and the measurements indicated on the drawings.