2026-032M25 Project Manual LCC Replace Gas Line Bowman Trustees.pdf

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Attached to
LCC 26-9 Replace Natural Gas Line-Bowman & Trustees Bldgs
Solicitation number
IFB1 GJFA 2026000120 2
Issued by
Pitkin County, Lakewood City, Colorado

About this file

Summary of LCC 26-9 Replace Natural Gas Line Project Manual

This is a project manual for State of Colorado's Lamar Community College (LCC) for the replacement of natural gas lines serving the Bowman and Trustees buildings. The project, identified as State Project No. 2026-032M25, involves replacing the main gas line and branches to the Bowman building west, Trustees building, Bowman building east, and Career & Tech (CTE) building located at 2401 South Main Street, Lamar, Colorado 81052. The project is being managed through a Design/Bid/Build delivery method with Schendt Engineering Corporation, Inc. as the prime consultant and SMH Consultants as the civil engineering consultant. The contract document dated November 17, 2025, establishes bidding procedures, administrative requirements, and technical specifications for the work. Contractors must comply with all applicable Colorado codes and regulations, including Colorado prevailing wage requirements for public works projects exceeding $500,000 and apprenticeship utilization requirements. The bid documents specify detailed submittal requirements including shop drawings, product data, construction schedules, and quality control procedures.

The bid documents establish a mandatory bid security of not less than 5% of the total bid price when the estimated construction value exceeds $50,000. Bidders must acknowledge receipt of all addenda and comply with the 80% Colorado labor requirement for public works projects. The contract requires submission of a complete schedule of values, direct labor burden calculations, and performance and labor/material payment bonds within ten days of receiving the Notice of Award. The project includes comprehensive quality assurance and quality control requirements with testing conducted by approved independent testing agencies. Contractors are responsible for utility coordination, temporary facilities, erosion and sedimentation control, and compliance with environmental regulations. The work encompasses site examination, utility horizontal directional drilling for pipe installation, concrete forming and reinforcing, cast-in-place concrete work, and proper disposal of excavated materials. Final payment is contingent upon completion of all punch list items, submission of warranties, operation and maintenance manuals, project record documents, and achievement of all testing and inspection requirements established in the General Conditions and supplementary specifications.

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STATE of COLORADO

LAMAR COMMUNITY COLLEGE

Lamar Community College

Replace Natural Gas Line, Bowman & Trustees

Project No. 2026-032M25

PROJECT MANUAL

REPLACE NATURAL GAS LINE, BOWMAN & TRUSTEES

STATE OF COLORADO

LAMAR COMMUNITY COLLEGE

2401 S. MAIN STREET, LAMAR, COLORADO 81052

STATE PROJECT NO. 2026-032M25

CONTRACT DOCUMENTS

Client: Lamar Community College

2401 S. Main Street Lamar, Colorado 81052 ATTN: Sean Lirley, Director of facilities Phone: (719) 336-1543 Email: sean.lirley@lamarcc.edu

Prime Consultant: Schendt Engineering Corporation, Inc.

5145 Centennial Boulevard, Suite 200 Colorado Springs, Colorado 80919 ATTN: Ken Merola, P.E.

Phone:(719) 637-8850, extension 12 Email: kmerola@secengr.com

Civil Engineering Consultant: SMH Consultants

620 North Tejon Street, Suite 201 Colorado Springs, Colorado 80903 ATTN: Brett Louk, P.E.

Phone:719.465.2145 Email: blouk@smhconsultants.com

Document Date: 17 November 2025

Replace Natural Gas Line, Bowman & Trustees

Table of Contents i

CONSTRUCTION BID MANUAL

TABLE OF CONTENTS

1. Project Manual Cover

2. Invitation for Bids

3. Information for Bidders (SBP-6.12 Rev. 7/2025)

4. Bid Form SBP-6.13 (Rev. 7/2025)

5. Unit Pricing Form (SBP-6.133 Rev. 7/2025)

6. Bid Bond SBP-6.14 (Rev. 7/2025)

7. Notice of Award for Design/Bid/Build Agreements SBP-6.15 (Rev. 7/2025)

8. Direct Labor Burden Calculation SBP-6.18 (Rev. 8/2023)

9. Sample Contractor's Agreement DBB SC6.21 (Rev. 7-2025)

10. Sample General Conditions DBB SC6.23 (Rev. 1-2024)

11. Performance Bond SC-6.22 (Rev. 7/2022)

12. Labor and Material Payment Bond SC-6.221 (Rev. 7/2022 R1)

13. Notice to Proceed for Design/Bid/Build Contract SBP-6.26 (Rev. 7/2025)

14. Notice of Substantial Completion SBP-07 (Rev. 7/2025)

15. Notice of Approval of Occupancy/Use SBP-01 (Rev. 7/2022)

16. Notice of Final Acceptance SBP-6.27 (Rev. 7/2025)

17. Notice of Contractors Settlement SBP-7.3 (Rev. 7/2025)

18. Pre-Acceptance Checklist SBP-05 (Rev. 7/2025)

19. Five Most Costly Goods Form (Rev. 7/2025)

20. Supplementary General Conditions (CDOC)

21. BidNet Solicitation (TBD-2025)

22. VSS Solicitation (TBD-2025)

THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK

Replace Natural Gas Line, Bowman & Trustees

Table of Contents ii

Division 1 - General Requirements

Section No. Section Title

01 10 00 Summary of Work 01 10 30 Campus Project Procedures 01 12 00 Project Phasing 01 25 00 Contract Modification Procedures 01 29 00 Payment Procedures 01 31 00 Project Management and Coordination 01 32 00 Schedule and Reports 01 33 00 Submittal Procedures 01 40 00 Quality Requirements 01 46 00 Regulatory Requirements 01 49 10 Reference Standards 01 49 20 Abbreviations 01 49 50 Reference Standards and Definitions 01 50 00 Temporary Facilities 01 60 00 Product Requirements 01 61 00 Hazardous Material Requirements 01 61 50 Hazardous Material Procedures 01 70 00 Execution Requirements 01 73 10 Cutting and Patching 01 73 20 Selective Demolition 01 77 00 Closeout Procedures

Division 3 – Concrete

Section No. Section Title

03 10 00 Concrete Forming and Accessories 03 20 00 Concrete Reinforcing 03 30 00 Cast-In-Place Concrete

Division 31 - Earthwork

Section No. Section Title

31 20 00 Earth Moving

Division 33 – Utilities

Section No. Section Title

33 05 23.13 Utility Horizontal Directional Drilling 33 51 15 Natural Gas System Distribution

END of TABLE of CONTENTS

SBP-6.12

Rev 7/2025

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

INFORMATION FOR BIDDERS

Institution or Agency:

Project No./Project Name:

1. BID FORM: Bidders are required to use the Bid form attached to the solicitation.

Each bidder is required to bid on all alternates and indicate the time from the date of the Notice to Proceed to Substantial Completion in calendar days. In addition, the bidder is required to indicate the period of time to finally complete the project from Substantial Completion to Final Acceptance, in calendar days.

Bids indicating times for Substantial Completion and Final Acceptance in excess of the number of days indicated in the Advertisement for Bids for completion of the entire Project may be found non-responsive and may be rejected. The bid shall not be modified or conditioned in any manner. Bids and applicable bid security shall be submitted according to the following instructions:

2. INCONSISTENCIES AND OMISSIONS: Bidders may request clarification of any seeming inconsistencies, or matters seeming to require explanation, in the bidding documents at least three (3) business days prior to the time set for the opening of Bids. Decisions of major importance on such matters will be issued in the form of addendum.

3. APPLICABLE LAWS AND REGULATIONS: All work under this Contract shall comply with the provisions of all state and local laws, approved state building codes, ordinances and regulations which might in any manner affect the work to be done or those to be employed in or about the work. Labor for work shall be governed by the provisions of Colorado law which are hereinafter set forth in Articles 27 and 52 of the General Conditions. This includes the requirements for apprenticeship and prevailing wage on Public Projects. The bidder should be aware that reporting of embodied carbon emissions of eligible materials shall be governed by the provisions of Colorado State Law. This includes the requirements for Environmental Product Declarations (EPDs) that meet the maximum acceptable Global Warming Potential (GWP) limits as established by the Office of the State Architect.

4. BID SECURITY: A bid security of not less than 5% of the bid price is required when the price is estimated to be $50,000 or more. The security shall be a bond by a surety company, the equivalent in cash, or otherwise supplied in a form

SBP-6.12

satisfactory for the State. Noncompliance requires the bid to be rejected as nonresponsive.

5. TAXES: The Bid submitted shall exclude all applicable federal excise or manufacturers’ taxes and all state sales and use taxes as hereinafter set forth in Article 9.3 of the GENERAL CONDITIONS.

6. OR EQUAL: The words “OR EQUAL” are applicable to all specifications and drawings relating to materials or equipment specified. Any material or equipment that will fully perform the duties specified, will be considered “equal”, provided the bid submits proof that such material or equipment is of equivalent substance and function and is approved, in writing. Requests for the approval of “or equal” shall be made in writing at least five (5) business days prior to bid opening. During the bidding period, all approvals shall be issued by the Architect/Engineer in the form of addenda at least two (2) business days prior to the bid opening date.

7. ADDENDA: Owner/architect initiated addenda shall not be issued later than two

(2) business days prior to bid opening date. All addenda shall become part of the Contract Documents and receipt must be acknowledged on the Bid form.

8. METHOD OF AWARD - LOWEST RESPONSIBLE BIDDER: If the bidding documents for this project require alternate prices, additive and/or deductible alternates shall be listed on the alternates bid form provided by the Principal Representative.

Bidders should note the Method of Award is applicable to this Bid as stated below.

A. DEDUCTIBLE ALTERNATES: The lowest responsible Bid, taking into account the Colorado resident bidder preference provision of Colorado law, will be determined by, and the contract will be awarded on the base bid combined with deductible alternates, accepted in numerical order as listed in the Bid Alternates Form provided by the Principal Representative. The subtraction of alternates shall result in a sum total within available funds. If this bid exceeds such amount, the right is reserved to reject all bids. An equal number of alternates shall be subtracted from the base bid of each bidder within funds available for purposes of determining the lowest responsible bidder.

B. ADDITIVE ALTERNATES: The lowest responsible Bid, taking into account the Colorado resident bidder preference provision of Colorado law, will be determined by and the contract will be awarded on the base bid combined with additive alternates in numerical order in as listed in the Bid Alternates Form provided by the Principal Representative. The addition of alternates shall result in a sum total within available funds. If this bid exceeds such amount, the right is reserved to reject all bids. An equal number of alternates shall be added to the base bid of each bidder within funds available for purposes of determining the lowest responsible bidder.

C. DEDUCTIBLE AND ADDITIVE ALTERNATES: Additive alternates will not be used if deductible alternates are used and deductible alternates will not be used if additive alternates are used.

9. NOTICE OF CONTRACTOR’S SETTLEMENT – Agencies/institutions must indicate in the initial Solicitation where settlement will be advertised in electronic media.

SBP-6.13

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

BID FORM

Institution or Agency:

Project No./Project Name:

Bidder Acknowledges Receipt of Addenda Numbers: _______________________________

(See 3a below for the next 3 items)

Bidder Anticipates Services outside the United States or Colorado:* No Yes

Bidder will comply with 80% Colorado Labor on project above $500,000 No Yes

Bidder is a Service-Disabled Veteran Owned Small Business:* No Yes

Base Bid $________________________

Bidder’s Time of Completion

Time Period from Notice to Proceed to Substantial Completion: ____________________________

Time Period from Substantial Completion to Final Acceptance: ____________________________

Total Time of Completion of Entire Project (a + b): _________________________

1. BID: Pursuant to the advertisement by the State of Colorado dated ______________ the undersigned bidder hereby proposes to furnish all the labor and materials and to perform all the work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the work and for the base bid indicated above. Bidders should include all taxes that are applicable.

2. EXAMINATION OF DOCUMENTS AND SITE: The bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, so as to make certain of the conditions at the site and to gain a clear understanding of the work to be done.

3. PARTIES INTERESTED IN BID: The bidder hereby certifies that the only persons or parties interested in this Bid are those named herein, and that no other bidder or prospective bidder has given any information concerning this Bid.

a. If the bidder anticipates services under the contract or any subcontracts will be performed outside the United States or Colorado, the bidder shall provide in a written statement which must include, but need not be limited to the type of services that will be performed at a location outside the United States or Colorado and the reason why it is necessary or advantageous to go outside the United States or Colorado to perform such services. (Does not apply to any project that receives federal moneys) *

b. For State Public Works projects per C.R.S. 8-17-101, Colorado labor shall be employed to perform at least 80% of the work. Colorado Labor means any person who is a resident of the state of Colorado at the time of the Public Works project.

Bidders indicating that their bid proposal will not comply with the 80% Colorado Labor requirement are required to submit written justification along with the bid submission. (Does not apply to any project that receives federal moneys) *

c. A Service-Disabled Veteran Owned Small Business (SDVOSB) per C.R.S. 24-103-211, means a business that is incorporated or organized in Colorado or maintains a place of business or has an office in Colorado and is officially registered and verified by the Center for Veteran Enterprise within the U.S. Department of Veteran Affairs.

Attach proof of certification along with the bid submission. *

d. Projects estimated to be $1 million or more that do not receive federal funds are required to comply with the State Apprenticeship Utilization requirements C.R.S.

24-92-115

e. Projects estimated to be $500,000 or more that do not receive federal funds are required to comply with the State Prevailing Wage requirements C.R.S. 24-92-201 through 210.

4. BID GUARANTEE: This Bid is accompanied by the required Bid Guarantee. Per C.R.S. §24- 105-201 If the construction value is $50,000 or greater a Bid Bond and Power of Attorney or Proposal Guaranty is required in an amount not less than 5% of the total Bid. You are authorized to hold said Bid Guarantee for a period of not more than thirty (30) days after the opening of the Bids for the work above indicated, unless the undersigned bidder is awarded the Contract, within said period, in which event the Office of the State Architect, may retain said Bid Guarantee, until the undersigned bidder has executed the required Agreement and furnished the required Performance Bond, Labor and Material Payment Bond, and Insurance Policy.

5. TIME OF COMPLETION: The bidder agrees to achieve Substantial Completion of the Project from the date of the Notice to Proceed within the number of calendar days entered above, and in addition, further agrees that the period between Substantial Completion and Final Acceptance of the Project will not exceed the number of calendar days noted above. If awarded the Work, the bidder agrees to begin performance within ten (10) days from the date of the Notice to Proceed subject to Article 46, Time of Completion and Liquidated Damages of the General Conditions of the Contract, and agrees to prosecute the Work with due diligence to completion. The bidder represents that Article 7D of the Contractor’s Agreement (SC-6.21) has been reviewed to determine the type and amount of any liquidated damages that may be specified for this contract.

6. EXECUTION OF DOCUMENTS: The bidder understands that if this Bid is accepted, bidder must execute the required Agreement and furnish the required Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificates of Insurance within ten (10) days from the date of the Notice of Award, and that the bidder will be required to sign to acknowledge and accept the Contract Documents, including the Drawings and Specifications.

7. ALTERNATES: Refer to the Information for Bidders (SC-6.12) for Method of Award for Alternates and use State Form SBP-6.13.1 Bid Alternates form to be submitted with this bid form if alternates are requested by the institution/agency in the solicitation documents.

8. Submit wage rates (direct labor costs) for prime contractor and subcontractor as requested by the institution/agency in the solicitation documents.

9. The right is reserved to waive informalities and to reject any and all Bids.

*Does not apply to projects for Institutions of Higher Education that have opted out of the State Procurement Code.

SIGNATURES: If the Bid is being submitted by a Corporation, the Bid shall be signed by an officer, i.e., President or Vice-President. If a sole proprietorship or a partnership is submitting the Bid, the Bid shall so indicate and be properly signed.

Dated this ________ Day of _______________________ , 20______

THE BIDDER:

By ________________________________________ _________________________________________________ Company Name Address

Phone Number ______________________________ _________________________________________________ City, State Zip Code

By ________________________________________ _________________________________________________ Name (Print) and Title Signature

SBP-6.133

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

UNIT PRICING FORM

Institution or Agency: State of Colorado / Lamar Community College

Project No./Project Name: 2026-032M25 / Replace Natural Gas Line, Bowman & Trustees

INSTRUCTIONS:

1. The unit prices below shall be used to determine adjustment to the contract sum when changes in the work involving said items are deemed necessary.

2. Unit Prices shall apply until the date of contract completion established on the Notice to Proceed.

3. All unit prices shall include the pro-rata share of all costs of materials, equipment and disposal required to complete the work item. Overhead, profit and bond will be calculated on a Change Order Proposal (SC-6.312).

(Architect/Engineer should complete a brief description below based on their complete description provided in Division 01 of their specification before inserting into the solicitation)

UNIT PRICING

Number Description Unit of Measure Unit Price

U1 $

U2 $

U3 $

U4 $

U5 $

U6 $

U7 $

U8 $

U9 $

THE BIDDER

BY_________________________________________________________________

Company Name

BY__________________________________________________________________

Signature Date

STATE OF COLORADO

BID BOND

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, hereinafter called the “PRINCIPAL”, is submitting a PROPOSAL for the above described project, to the STATE OF COLORADO, hereinafter called the “OBLIGEE”.

WHEREAS, the Advertisement for Bids has required as a condition of receiving the Proposals that the Principal submit with the PROPOSAL GUARANTY in an amount not less than five per cent (5%) of the Proposal, which sum it is specifically agreed is to be forfeited as Liquidated Damages in the event that the Principal defaults in his obligation as hereinafter specified, and, in pursuance of which Requirement, this Bid is made, executed and delivered.

NOW THEREFORE, the Principal and a corporation of the State of , duly authorized to transact business in Colorado, as Surety, are held and firmly bound unto the Obligee, in the sum of five per cent (5%) of the Principal’s total bid price, lawful money of the United States for the payment of which sum, well and truly to be made to the Obligee, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

FURTHER THAT, a condition of the obligation that the Principal shall maintain his Proposal in full force and effect for thirty (30) days after the opening of the proposals for the project, or, if the Principal’s Proposal is accepted, the Principal shall, within the prescribed time, execute the required Agreement, furnish the required Performance Bond, Labor and Material Payment Bond, Insurance Policy, Certificates of Insurance and Certification and Affidavit Regarding Illegal Aliens, then this obligation shall be null and void, otherwise it shall remain in full force and effect, and subject to forfeiture upon demand as Liquidated Damages.

IN WITNESS WHEREOF said Principal and Surety have executed this Bond, this ____ day of ________________________, A.D., 20 .

(Corporate Seal) THE PRINCIPAL

Company Name

ATTEST _________________________________________________

Address

City, State Zip Code

By ________________________________________ _________________________________________________

Name (Print) Signature

Name (Print) and Title

If the “Principal” is doing business as a Corporation, the Bid Bond shall be signed by an officer, i.e., President or Vice President. The signature of the officer shall be attested to by the Secretary and properly sealed.

If the “Principal” is an individual or a partnership, the Bid Bond shall so indicate and be properly signed.

(Corporate Seal) THE SURETY

____________________________________________ By_________________________________________________

Secretary Attorney-in-Fact

THIS BOND MUST BE ACCOMPANIED BY POWER OF ATTORNEY, EFFECTIVELY DATED.

FAILURE TO PROVIDE A PROPERLY EXECUTED BID BOND WITH A PROPERLY EXECUTED POWER

OF ATTORNEY WILL RESULT IN THE BIDDER’S PROPOSAL BEING DEEMED NON-RESPONSIVE.

SBP-6.15

07/2025

STATE OF COLORADO

NOTICE OF AWARD

(DESIGN/BID/BUILD AND DESIGN/BUILD LUMP SUM AGREEMENTS)

Date of Notice:

TO: [Legal name and Address of Contractor]

The State of Colorado, represented by the undersigned, has considered the Proposals submitted for the above described work.

Your Proposal, deemed to be in the best interest of the State of Colorado, in the amount of DOLLARS AND NO/100* ($ *) is hereby accepted, pending final execution of the Agreement.

You are required to execute the approved Agreement and to furnish the Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificates of Insurance, [Apprenticeship Utilization Certification(s) (if applicable)] and Labor Overhead (Direct Labor Burdens) for Work performed by Contractor and major Subcontractors within ten (10) days from the date of this Notice.

If you fail to execute said Agreement and to furnish said Performance Bond, Labor and Material Payment Bond, Insurance Policy, Certificates of Insurance, and Labor Overhead (Direct Labor Burdens) as described above within ten (10) days from the date of this Notice, the State Controller is entitled to retain the amount of the Proposal Guaranty submitted with your Proposal as Liquidated Damages. In this event, the right is reserved to consider all of your rights arising out of the acceptance of your Proposal as abandoned and to award the work covered by your Proposal to another, or to re-advertise the Project, or otherwise dispose thereof.

By: ________________________________________ By: ________________________________________

State Buildings Program Date Principal Representative Date

Print Name & Title (Name of Agency/IHE)

State Form SBP–6.18 Issued 8/2023

DIRECT LABOR BURDEN CALCULATION

Institution/Agency: State of Colorado / Lamar Community College

Project No./Name: 2026-032M25 / Replace Natural Gas Line, Bowman & Trustees

This form is required to be submitted for review prior to execution of a construction agreement.

List items below by the percentage of what makes up the total labor overhead; Items include benefits that a contractor pays to employees on their payroll. Examples include taxes, pension cost, health and dental insurance etc. The Labor Burden percentage must be agreed to by both the contractor and Principal Representative and will be included in the contract as part of Exhibit A and will be used in the calculation of any future Change Order Proposals (SC-6.312) Line 2.

Major sub-contractors defined as electricians, plumbers, mechanical contractors, excavators, millwork, concrete, block layers etc. Please provide one (1) Labor Burden Calculation Sheet per contractor and for each sub-contractor. These labor burdens shall be used in the calculation of any future Change Order Proposals (SC-6.312) Line 10.

State reserves the right to require back-up confirmation of all information included in this calculation.

Contractor/Subcontractor Name:

Percent of

Salary Paid

Payroll Taxes

Pension Costs

Health Insurance

Dental Insurance

Life Insurance

Other (Specify) Description: _________________________

Other (Specify) Description: _________________________

Total Labor Burden Percentage: 0%

SC-6.21

Rev. 07/2025

STATE OF COLORADO

CONTRACTOR'S AGREEMENT

DESIGN/BID/BUILD (D/B/B)

(STATE FORM SC-6.21)

State Agency

Department I.D.

Insert Department identification

Contract I.D. Number

Insert CMS number or other contract number

Project Number

2026-032M25

Project Name

Replace Natural Gas Line, Bowman & Trustees

Contractor Name

Insert Contractor's full Legal Name including "Inc.", "LLC" etc.

Principal Representatives

For the State:

Name

Department Name

Address Line 1

Address Line 2

City, State ZIP

Email

For Contractor:

Name

Company Name

Address Line 1

Address Line 2

City, State ZIP

Email

ATTACHMENT 1: The General Conditions of the Contractor’s Design/Bid/Build (D/B/B)

Agreement (SC-6.23)

Rev. 07/2025 TOC

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

(STATE FORM SC-6.21)

TABLE OF CONTENTS… ...................................................................................................... Page

Table of Contents for the entire Agreement is located in THE GENERAL CONDITIONS OF THE

CONTRACTOR’S DESIGN/BID/BUILD (D/B/B) AGREEMENT (SC-6.23)

SIGNATURE PAGE ........................................................................ Error! Bookmark not defined.

RECITALS:

1 ARTICLE 1 PERFORMANCE OF THE WORK

2 ARTICLE 2 PROVISIONS OF THE CONTRACT DOCUMENTS

3 ARTICLE 3 TIME OF COMPLETION

4 ARTICLE 4 ESSENTIAL CONDITION

5 ARTICLE 5 CONTRACT SUM

5.1 CONDITION PRECEDENT

6 ARTICLE 6 CONTRACT DOCUMENTS

6.1 CAPITALIZED TERMS

7 ARTICLE 7 OPTIONAL PROVISIONS AND ELECTIONS

7.1 MODIFICATION OF ARTICLE 2: Execution, Correlation, Intent of Documents, Communication and Cooperation

7.2 MODIFICATION OF ARTICLE 13: Shop Drawings, Product Data and Samples

7.3 MODIFICATION 1 OF ARTICLE 27: Labor and Wages

7.4 MODIFICATION 2 OF ARTICLE 27: Labor and Wages

7.5 MODIFICATION OF ARTICLE 39: Non-Binding Dispute Resolution – Facilitated Negotiations

7.6 MODIFICATION OF ARTICLE 45: Guarantee Inspections After Completion

7.7 MODIFICATION OF ARTICLE 46: Time of Completion and Liquidated Damages

8 ARTICLE 8 NOTICE IDENTIFICATION

EXHIBIT A: CONTRACTORS BID ........................................................................................... A

EXHIBIT B: PERFORMANCE BOND ....................................................................................... B

EXHIBIT C: LABOR AND MATERIAL PAYMENT BOND ........................................................... A

EXHIBIT D: INSURANCE CERTIFICATE(S) ............................................................................... A

EXHIBIT E: BUILDING CODE COMPLIANCE POLICY ............................................................... A

EXHIBIT F: STATE SALES AND USE TAX FORM ..................................................................... A

EXHIBIT G: APPLICABLE PREVAILING WAGE DETERMINATIONS AND APPRENTICESHIP

CONTRIBUTION RATES ..................................................................................................... A

EXHIBIT H: APPRENTICESHIP UTILIZATION CERTIFICATIONS ................................................ A

SUPPLEMENTARY GENERAL CONDITIONS: FEDERAL PROVISIONS

Rev. 07/2025 1

SIGNATURE PAGE

THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT

Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this Agreement and to bind the Party authorizing such signature.

In accordance with §24-30-202, C.R.S., this Contract is not valid until signed by the State

Controller (or an authorized delegate) or the Title of IHE CFO per the Fiscal Rules of the individual Institution of Higher Education

Project Number/Name: 2026-032M25 Replace Natural Gas Line, Bowman & Trustees

Contract ID No.: Insert CMS Number & Encumbrance Number

CONTRACTOR

INSERT: Legal Name of Contractor

By: Name & Title of Person Signing for Contractor

Date: __________________

STATE OF COLORADO

Jared S. Polis, Governor

INSERT: Name of Agency or IHE INSERT: Name & Title of Head of Agency or

IHE

By: Name & Title of Person Signing for Agency or

IHE

Date: __________________

State Buildings Program

By: Name & Title of Person Signing for State

Buildings

Date: __________________

LEGAL REVIEW

Philip J. Weiser, Attorney General

By: Assistant Attorney General

Date: __________________

STATE CONTROLLER

Robert Jaros, CPA, MBA, JD

By: Name of Agency or IHE Delegate

Effective Date: __________________

Rev. 02/2025 2

STATE OF COLORADO

CONTRACTOR'S DESIGN/BID/BUILD (D/B/B) AGREEMENT

Department ID: Insert Dept. Code Contract ID #: Insert Contract ID

Project #:2026-032M25

1. PARTIES. THIS AGREEMENT is entered into by and between the STATE OF COLORADO, acting by and through the Lamar Community College hereinafter referred to as the State or Principal

Representative, and Insert Contractor's full Legal Name including "Inc.", "LLC" etc. having its offices at Street address, City, State and Zip Code hereinafter referred to as the Contractor.

2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Agreement shall not be effective or enforceable until it is approved and signed by the State Controller or its designee (hereinafter called the “Effective Date”), but shall be effective and enforceable thereafter in accordance with its provisions. The State shall not be bound by any provision of this Contract before the Effective

Date, and shall have no obligation to pay Contractor for any Work performed or expense incurred before the Effective Date.

RECITALS:

WHEREAS, the Principal Representative intends to engage the services of a Contractor for the

Replace Natural Gas Line, Bowman & Trustees hereinafter called the Project; and

WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated, and otherwise made available, and a sufficient unencumbered balance thereof remains available for payment.

WHEREAS, the State has Appropriated and the Principal Representative has been authorized to expend the total sum of Insert Dollar Value in Written Words Dollars ($ ) for this project including all professional services, construction/improvements, project contingencies, furnishings, movable equipment, reimbursable expenses and miscellaneous expenses; and

(WHEREAS, funds are available for only a portion of the services defined herein, as more fully described in the funding Condition Precedent clause in Article 5.1; and)

WITNESSETH, that the State of Colorado and the Contractor agree as follows:

Rev. 02/2025 3

1 ARTICLE 1 PERFORMANCE OF THE WORK

The Contractor shall perform all of the Work required for the complete and prompt execution of everything described or shown in, or reasonably implied from the Contract

Documents for the above referenced Project.

2 ARTICLE 2 PROVISIONS OF THE CONTRACT DOCUMENTS

The Contractor agrees to perform the Work to the highest industry standards and to the satisfaction of the State of Colorado and its contractor in strict accordance with the provisions of the Contract Documents.

3 ARTICLE 3 TIME OF COMPLETION

The Contractor agrees to Substantially Complete the Project within calendar days from the date of the Notice to Proceed, in addition, the Contractor agrees to finally complete the Project from Substantial Completion to Final Acceptance within calendar days for a total time of completion of the entire Project of calendar days.

The Contractor shall perform the Work with due diligence to completion.

4 ARTICLE 4 ESSENTIAL CONDITION

Timely completion of the Project is an essential condition of this Agreement. The

Contractor shall be subject to any liquidated damages described in Article 7.6 for failure to satisfactorily complete the Work within the time periods in Article 3 above.

5 ARTICLE 5 CONTRACT SUM

The Contractor shall be paid for the performance of this Agreement, subject to any additions and deductions as provided for in Articles 32, 34 and 35 of The General

Conditions of the Construction Contract SC-6.23, the sum of INSERT DOLLAR VALUE IN

WORDS DOLLARS AND NO/100 ($ ).

Name of Document Short Description of Work/Date Dollar Amount

Base Bid Amount Base Bid

Alt. #

Alt. #

Total Contract Sum -$

5.1 CONDITION PRECEDENT

Rev. 02/2025 4

(At the time of the execution of this Agreement, there are sufficient funds budgeted and appropriated to compensate the Contractor only for performance of the services through and including Insert the project phases that have been fully funded Therefore, it shall be a Condition Precedent to the Contractor’s performance of the remaining services and the State's liability to pay for such performance, sufficient funding must be appropriated and made available to the Principal Representative for the Project prior to and, as a further Condition Precedent, a written Amendment is entered into in accordance with the State of Colorado Fiscal Rules, stating that additional funds are lawfully available for the project. If either Condition Precedent is not satisfied by , the Contractor’s obligation to perform services for Insert the scope pf work or phases that will be completed in the future and the State's obligation to pay for such service is discharged without liability to each other. If funding is eventually made available after , the Contractor has no right to perform services under of this Agreement and the state has no right to require the Architect/Engineer to perform the said services.)

6 ARTICLE 6 CONTRACT DOCUMENTS

The Contract Documents, as enumerated in Article 1.1 of The General Conditions of the

Contractor’s Design/Bid/Build (D/B/B) Agreement (SC-6.23), (the “General Conditions”).

The Contract Documents, including the General Conditions, are all essential parts of this

Agreement and are fully incorporated herein.

6.1 CAPITALIZED TERMS

Capitalized terms used herein and not defined shall have the meanings ascribed to them in The General Conditions of Design/Bid/Build (D/B/B) Agreement (SC-6.23)

7 ARTICLE 7 OPTIONAL PROVISIONS AND ELECTIONS

The provisions of this Article 7 alter or enlarge upon the following Articles (the General

Conditions of the Contractor’s Design/Bid/Build Agreement SC-6.23):

7.1 MODIFICATION OF ARTICLE 2: Execution, Correlation, Intent of Documents, Communication and Cooperation.

If the box below is marked, certification of apprenticeship utilization is required for all mechanical, sheet metal, fire suppression, sprinkler fitting, electrical and plumbing work on the project.

☒ ______ Principal Representative initial

7.2 MODIFICATION OF ARTICLE 13: Shop Drawings, Product Data and Samples

If the box below is marked, the Buy Clean Colorado Act, §24-92-117, C.R.S., shall be applicable to the Project. The Contractor is responsible for submitting Environmental

Product Declaration (EPD) information for all eligible materials to be used on the project.

☐ ______ Principal Representative initial

7.3 MODIFICATION 1 OF ARTICLE 27: Labor and Wages

Rev. 02/2025 5

If the box below is marked, the Federal Davis-Bacon Act shall be applicable to the Project.

The minimum wage rates to be paid on the Project shall be furnished by the Principal

Representative and included in the Contract Documents.

☐ ______ Principal Representative initial

7.4 MODIFICATION 2 OF ARTICLE 27: Labor and Wages

If the box below is marked, the State prevailing wage statute shall be applicable to the

Project. The minimum wage rates to be paid on the Project shall be furnished by the

Principal Representative and included in the Contract Documents.

☐ ______ Principal Representative initial

7.5 MODIFICATION OF ARTICLE 39: Non-Binding Dispute Resolution – Facilitated

Negotiations

If the box below is marked, and initialed by the State as noted, the requirement to participate in facilitated negotiations shall be deleted from this Contract. Article 39, Non-

Binding Dispute Resolution – Facilitated Negotiations, shall be deleted in its entirety and all references to the right to the same where ever they appear in the contract shall be similarly deleted.

The box may be marked only for projects with an estimated value of less than $500,000.

☒ ______ Principal Representative initial

7.6 MODIFICATION OF ARTICLE 45: Guarantee Inspections After Completion

If the box below is marked the six month guarantee inspection is not required.

☐ ______ Principal Representative initial

7.7 MODIFICATION OF ARTICLE 46: Time of Completion and Liquidated Damages

If an amount is indicated immediately below, liquidated damages shall be applicable to this Project as, and to, the extent shown below. Where an amount is indicated below, liquidated damages shall be assessed in accordance with and pursuant to the terms of

The General Conditions of the Design/Bid/Build Agreement Article 46, Time of

Completion And Liquidated Damages, in the amounts and as here indicated. The election of liquidated damages shall limit and control the parties right to damages as the State’s sole and exclusive remedy for delay.

7.7.1 Inability To Use The Project

For the inability to use the Project, for each day after the number of calendar days specified in the Contractor’s bid for the Project and the Agreement for achievement of

Substantial Completion, until the day that the Project has achieved Substantial

Completion and the Notice of Substantial Completion is issued, the Contractor agrees that an amount equal Insert dollar value in words Dollars ($ ). shall be assessed against

Contractor from amounts due and payable to the Contractor under the Contract, or the

Contractor and the Contractor’s Surety shall pay to the Principal Representative such sum

Rev. 02/2025 6 for any deficiency, if amounts on account thereof are deducted from remaining amounts due, but amounts remaining are insufficient to cover the entire assessment.

7.7.2 Damages Related to Extended Closeout

For damages related to or arising from additional administrative, technical, supervisory and professional expenses related to and arising from the extended closeout period, for each day in excess of the number of calendar days specified in the Contractor’s bid for the Project and the Agreement to finally complete the Project as defined by the issuance of the Notice of Final Acceptance (after the issuance of the final Notice of Substantial

Completion), the Contractor agrees that an amount equal to Insert dollar value in words

Dollars ($ ). shall be assessed against Contractor from amounts due and payable to the Contractor under the Contract, or the Contractor and the Contractor’s Surety shall pay to the Principal Representative such sum for any deficiency, if amounts on account thereof are deducted from remaining amounts due but amounts remaining are insufficient to cover the entire assessment.

8 ARTICLE 8 NOTICE IDENTIFICATION

All Notices pertaining to this Agreement and the General Conditions (SC-5.23) or otherwise required to be given shall be transmitted in writing, to the individuals at the addresses listed below, and shall be deemed duly given when received by the parties at their addresses below or any subsequent persons or addresses provided to the other party in writing.

NOTICE TO PRINCIPAL REPRESENTATIVE:

Insert Name of Individual acting on the PR behalf

Insert Street Address

City, State Zip Code

Insert email address

With copies to State Buildings Program (or Delegate)

Insert Name of Individual acting on OSA/SBP behalf

Insert Street Address

City, State Zip Code

Insert email address

NOTICE TO CONTRACTOR:

Insert Name of Individual acting on the contractor behalf

Insert Street Address

City, State Zip Code

Insert email address

SC-6.22

Rev. 07/2025 Ex B

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

EXHIBIT A: CONTRACTORS BID

CONTRACTOR’S BID (Form SBP-6.13)

Bid Alternates (Form SBP-6.131)

Unit Pricing (Form SBP-6.133)

Bid Bond (Form SBP-6.14)

Labor Burden Calculation (Form SBP-6.18)

SC-6.22

Rev. 07/2025 Ex B

EXHIBIT B: PERFORMANCE BOND

PERFORMANCE BOND (Form SC-6.22)

SC-6.221

Rev. 07/2025 Ex C

STATE OF COLORADO

EXHIBIT C: LABOR AND MATERIAL PAYMENT BOND

LABOR AND MATERIAL PAYMENT BOND (Form SC-6.221)

Rev. 07/2025 Ex D

STATE OF COLORADO

EXHIBIT D: INSURANCE CERTIFICATE(S)

INSURANCE CERTIFICATE(S) (attached)

Rev. 07/2025 Ex E

STATE OF COLORADO

EXHIBIT E: BUILDING CODE COMPLIANCE POLICY

BUILDING CODE COMPLIANCE POLICY: COORDINATION OF APPROVED BUILDING CODES, PLAN

REVIEWS, BUILDING INSPECTIONS AND STATE DEVELOPMENT REQUIREMENTS

Refer to the Office of the State Architect’s Building Codes Webpage for the Building Code

Compliance Policy (Rev. July 2025)

Exhibit A: Approved Building Codes of the Code Compliance Policy dated July 2025 including the

Amendments to the International Building Code and Code Compliance Plan Review Procedures

(Rev. July 2025);

Exhibit B: Plan Review Procedures of the Code Compliance Policy dated July 2025

Exhibit I: State Development Requirements of the Code Compliance Policy dated July 2025

The State Buildings Program Building Codes Webpage may be found at:

https://osa.colorado.gov/state-buildings/building-codes

Rev. 07/2025 Ex F

EXHIBIT F: STATE SALES AND USE TAX FORM

STATE SALES AND USE TAX FORM

Rev. 07/2025 Ex G

STATE OF COLORADO

EXHIBIT G: APPLICABLE PREVAILING WAGE DETERMINATIONS AND APPRENTICESHIP

CONTRIBUTION RATES

Applicable Prevailing Wage Determinations (Attached)

Apprenticeship Contribution Rates (Attached)

Rev. 07/2025 Ex H

EXHIBIT H: APPRENTICESHIP UTILIZATION CERTIFICATIONS

APPRENTICESHIP UTILIZATION CERTIFICATIONS

STATE OF COLORADO

SUPPLEMENTARY GENERAL CONDITIONS: FEDERAL PROVISIONS

Supplementary General Conditions Federal Provisions

SLFRF Federal Funds: Contractor Terms and Conditions Certification

SLFRF Federal Funds: Contractor Terms and Conditions

SC-6.23

Rev 07/2025

STATE OF COLORADO

THE GENERAL CONDITIONS OF THE

CONTRACTOR’S DESIGN/BID/BUILD (D/B/B)

AGREEMENT

(STATE FORM SC-6.23)

Rev 07/2025 1

STATE BUILDINGS PROGRAM

THE GENERAL CONDITIONS OF THE CONTRACTOR’S DESIGN/BID/BUILD AGREEMENT

(STATE FORM SC-6.23)

TABLE OF CONTENTS .......................................................................................................... Page

1 ARTICLE 1 DEFINITIONS

1.1 CONTRACT DOCUMENTS

1.2 DEFINITIONS OF WORDS AND TERMS USED

2 ARTICLE 2 EXECUTION, CORRELATION, INTENT OF DOCUMENTS, COMMUNICATION AND

COOPERATION

2.1 EXECUTION

2.2 CORRELATION

2.3 INTENT OF DOCUMENTS

2.4 PARTNERING, COMMUNICATIONS AND COOPERATION

3 ARTICLE 3 COPIES FURNISHED

4 ARTICLE 4 OWNERSHIP OF DRAWINGS

5 ARTICLE 5 ARCHITECT/ENGINEER’S STATUS

6 ARTICLE 6 ARCHITECT/ENGINEER DECISIONS AND JUDGMENTS, ACCESS TO WORK AND

INSPECTION

6.1 DECISIONS

6.2 JUDGMENTS

6.3 ACCESS TO WORK

6.4 INSPECTION

7 ARTICLE 7 CONTRACTOR’S SUPERINTENDENCE AND SUPERVISION

8 ARTICLE 8 MATERIALS AND EMPLOYEES

9 ARTICLE 9 SURVEYS, PERMITS, LAWS, TAXES AND REGULATIONS

9.1 SURVEYS

9.2 PERMITS AND LICENSES

9.3 TAXES

9.4 LAWS AND REGULATIONS

10 ARTICLE 10 PROTECTION OF WORK AND PROPERTY

Rev 02/2025 TOC

10.1 GENERAL PROVISIONS

10.2 SAFETY PRECAUTIONS

10.3 EMERGENCIES

11 ARTICLE 11 DRAWINGS AND SPECIFICATIONS ON THE WORK

12 ARTICLE 12 REQUESTS FOR INFORMATION AND SCHEDULES

12.1 REQUESTS FOR INFORMATION

12.2 SCHEDULES

13 ARTICLE 13 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

13.1 SUBMITTAL PROCESS

13.2 FABRICATION AND ORDERING

13.3 DEVIATIONS FROM DRAWINGS OR SPECIFICATIONS

13.4 CONTRACTOR REPRESENTATIONS

14 ARTICLE 14 SAMPLES AND TESTING

14.1 SAMPLES

14.2 TESTING - GENERAL

14.3 TESTING - CONCRETE AND SOILS

14.4 TESTING - OTHER

15 ARTICLE 15 SUBCONTRACTS

15.1 CONTRACT PERFORMANCE OUTSIDE OF THE UNITED STATES OR COLORADO

15.2 SUBCONTRACTOR LIST

15.3 SUBCONTRACTOR SUBSTITUTIONS

15.4 CONTRACTOR RESPONSIBLE FOR SUBCONTRACTORS

15.5 SUBCONTRACTOR RESPONSIBILITY TO OTHERS

15.6 The Contractor shall be responsible for coordinating State Prevailing Wage requirements as described in Article 27

16 ARTICLE 16 RELATIONS OF CONTRACTOR AND SUBCONTRACTOR

17 ARTICLE 17 MUTUAL RESPONSIBILITY OF CONTRACTORS

18 ARTICLE 18 SEPARATE CONTRACTS

19 ARTICLE 19 USE OF PREMISES

20 ARTICLE 20 CUTTING, FITTING OR PATCHING

21 ARTICLE 21 UTILITIES

21.1 TEMPORARY UTILITIES

21.2 PROTECTION OF EXISTING UTILITIES

21.3 CROSSING OF UTILITIES

22 ARTICLE 22 UNSUITABLE CONDITIONS

23 ARTICLE 23 TEMPORARY FACILITIES

23.1 OFFICE FACILITIES

23.2 TEMPORARY HEAT

23.3 WEATHER PROTECTION

23.4 DUST PARTITIONS

23.5 BENCH MARKS

23.6 SIGN

23.7 SANITARY PROVISION

24 ARTICLE 24 CLEANING UP

25 ARTICLE 25 INSURANCE

25.1 GENERAL

25.2 COMMERCIAL GENERAL LIABILITY INSURANCE (CGL)

25.3 AUTOMOBILE LIABILITY INSURANCE

25.4 WORKERS' COMPENSATION INSURANCE

25.5 UMBRELLA LIABILITY INSURANCE

25.6 BUILDER’S RISK INSURANCE

25.7 POLLUTION LIABILITY INSURANCE

25.8 ADDITIONAL MISCELLANEOUS INSURANCE PROVISIONS

26 ARTICLE 26 CONTRACTOR’S PERFORMANCE AND PAYMENT BONDS

27 ARTICLE 27 LABOR AND WAGES

27.1 COLORADO LABOR

27.2 PREVAILING WAGE RATES

28 ARTICLE 28 ROYALTIES AND PATENTS

29 ARTICLE 29 ASSIGNMENT

30 ARTICLE 30 CORRECTION OF WORK BEFORE ACCEPTANCE

31 ARTICLE 31 APPLICATIONS FOR PAYMENTS

31.1 CONTRACTOR’S SUBMITTALS

31.2 ARCHITECT/ENGINEER CERTIFICATION

31.3 RETAINAGE WITHHELD

31.4 RELEASE OF RETAINAGE

31.5 CONTRACTOR’S RESPONSIBILITY TO PAY SUBCONTRACTORS

32 ARTICLE 32 CERTIFICATES FOR PAYMENTS

33 ARTICLE 33 PAYMENTS WITHHELD

34 ARTICLE 34 DEDUCTIONS FOR UNCORRECTED WORK

35 ARTICLE 35 CHANGES IN THE WORK

35.1 THE VALUE OF CHANGED WORK

35.2 DETAILED BREAKDOWN

35.3 HAZARDOUS MATERIALS

35.4 EMERGENCY FIELD CHANGE ORDERED WORK

35.5 APPROPRIATION LIMITATIONS - C.R.S. § 24-91-103.6, as amended

36 ARTICLE 36 CLAIMS

37 ARTICLE 37 DIFFERING SITE CONDITIONS

37.1 NOTICE IN WRITING

37.2 LIMITATIONS

38 ARTICLE 38 DELAYS AND EXTENSIONS OF TIME

39 ARTICLE 39 NON-BINDING DISPUTE RESOLUTION – FACILITATED NEGOTIATIONS

40 ARTICLE 40 RIGHT OF OCCUPANCY

41 ARTICLE 41 COMPLETION, FINAL INSPECTION, ACCEPTANCE AND SETTLEMENT

41.1 NOTICE OF COMPLETION

41.2 FINAL INSPECTION

41.3 NOTICE OF SUBSTANTIAL COMPLETION

41.4 NOTICE OF ACCEPTANCE

41.5 SETTLEMENT

42 ARTICLE 42 GENERAL WARRANTY AND CORRECTION OF WORK AFTER ACCEPTANCE

43 ARTICLE 43 LIENS

44 ARTICLE 44 ONE-YEAR GUARANTEE AND SPECIAL GUARANTEES AND WARRANTIES

44.1 ONE-YEAR GUARANTEE OF THE WORK

44.2 SPECIAL GUARANTEES AND WARRANTIES

45 ARTICLE 45 GUARANTEE INSPECTIONS AFTER COMPLETION

46 ARTICLE 46 TIME OF COMPLETION AND LIQUIDATED DAMAGES

47 ARTICLE 47 DAMAGES

48 ARTICLE 48 STATE’S RIGHT TO DO THE WORK; TEMPORARY SUSPENSION OF WORK;

DELAY DAMAGES

48.1 STATE’S RIGHT TO DO THE WORK

48.2 TEMPORARY SUSPENSION OF WORK

48.3 DELAY DAMAGES

49 ARTICLE 49 STATE’S RIGHTS TO TERMINATE CONTRACT

49.1 GENERAL

49.2 CONDITIONS AND PROCEDURES

49.3 ADDITIONAL CONDITIONS

50 ARTICLE 50 TERMINATION FOR CONVENIENCE OF STATE

50.1 NOTICE OF TERMINATION

50.2 PROCEDURES

51 ARTICLE 51 CONTRACTOR’S RIGHT TO STOP WORK AND/OR TERMINATE CONTRACT

52 ARTICLE 52 COLORADO SPECIAL PROVISIONS

52.1 CONTROLLER’S APPROVAL, C.R.S. § 24-30-202(1)

52.2 FUND AVAILABILITY, C.R.S. § 24-30-202(5.5)

52.3 GOVERNMENTAL IMMUNITY

52.4 INDEPENDENT CONTRACTOR

52.5 COMPLIANCE WITH LAW

52.6 CHOICE OF LAW, JURISDICTION, AND VENUE

52.7 PROHIBITED TERMS

52.8 SOFTWARE PIRACY PROHIBITION. SOFTWARE PIRACY PROHIBITION

52.9 EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST

52.10 VENDOR OFFSET AND ERRONEOUS PAYMENTS

53 ARTICLE 53 MISCELLANEOUS PROVISIONS

53.1 PROFESSIONAL ASSOCIATION PERMITTED

53.2 DISSOLUTION OF PROFESSIONAL ASSOCIATION

53.3 PUBLIC ART LAW

53.4 ASSIGNMENT

53.5 SUBCONTRACTS

53.6 BINDING EFFECT

53.7 AUTHORITY

53.8 CAPTIONS AND REFERENCES

53.9 COUNTERPARTS

53.10 ENTIRE UNDERSTANDING

53.11 DIGITAL SIGNATURES

53.12 MODIFICATION

53.13 STATUTES, REGULATIONS, FISCAL RULES AND OTHER AUTHORITY

53.14 EXTERNAL TERMS AND CONDITIONS

53.15 SEVERABILITY

53.16 SURVIVIAL AND CERTAIN CONTRACT TERMS

53.17 TAXES

53.18 THIRD PARTY BENEFICIARIES

53.19 WAIVER

53.20 CORA DISCLOSURE

53.21 STANDARD AND MANNER OF PERFORMANCE

53.22 LICENSES, PERMITS, AND OTHER AUTHORIZATIONS

53.23 INDEMNIFICATION

53.24 ACCESSIBILITY

54 ARTICLE 54 CONFIDENTIAL INFORMATION-STATE RECORDS

54.1 CONFIDENTIALITY

54.2 OTHER ENTITY ACCESS AND NONDISCLOSURE AGREEMENTS

54.3 USE, SECURITY, AND RETENTION

54.4 INCIDENT NOTICE AND REMEDIATION

54.5 DATA PROTECTION AND HANDLING

54.6 SAFEGUARDING PERSONAL IDENTIFIABLE INFORMATION (PII)

Rev 07/2025 1

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

THE GENERAL CONDITIONS OF THE CONTRACTOR’S DESIGN/BID/BUILD AGREEMENT

(STATE FORM SC-6.23)

1 ARTICLE 1 DEFINITIONS

1.1 CONTRACT DOCUMENTS

The Contract Documents consist of the following some of which are procedural documents used in the administration and performance of the Agreement:

a) Contractor’s Design/Bid/Build Agreement; (SC-6.21);

b) Performance Bond (SC-6.22) and Labor and Material Payment Bond (SC-6.221);

c) General Conditions of the Contractor’s Design/Bid/Build Agreement (SC- 6.23)

d) and if applicable, Supplementary General Conditions;

e) Detailed Specification Requirements, including all addenda issued prior to the opening of the bids; and,

f) Drawings, including all addenda issued prior to the opening of the bids.

g) Change Orders (SC-6.31) and Amendments (SC-6.0), if any, when properly executed.

h) Authorization to Bid (SBP-6.10)

i) Information for Bidders (SBP-6.12);

j) Bid (SBP-6.13), Bid Alternates, (SBP-6.131) and Unit Pricing (SBP-6.133) if applicable

k) Bid Bond (SBP-6.14);

l) Labor Burden Calculation (SBP-6.18)

m) Notice of Award (SBP-6.15);

n) Builder’s risk insurance certificates of insurance (ACORD 25-S);

o) Liability and Workers’ compensation certificates of insurance;

p) Notice to Proceed (Design/Bid/Build) (SBP-6.26);

q) Notice of Approval of Occupancy/Use (SBP-01);

r) Notice of Partial Substantial Completion (SBP-071);

s) Notice of Substantial Completion (SBP-07);

t) Notice of Partial Final Acceptance (SC-6.27);

u) Notice of Final Acceptance (SBP-6.271);

v) Notice of Partial Contractor's Settlement (SC-7.3);

w) Notice of Contractor’s Settlement (SBP-7.31);

x) Application and Certificate for Contractor’s Payment (SBP-7.2);

y) Other Procedural and Reporting Documents or Forms

Rev 07/2025 2

Other procedural and reporting documents or forms referred to in the General Conditions, the Supplementary General Conditions, the Specifications or required by the State Buildings Program or the Principal Representative, including but not necessarily limited to Pre-Acceptance Check List (SBP-05) and the Building Inspection Record (SBP- BIR). A list of the current standard State Buildings Program forms applicable to this Contract may be obtained from the Principal Representative on request.

1.2 DEFINITIONS OF WORDS AND TERMS USED

Agreement The term “Agreement” shall mean the written agreement entered into by the State of Colorado acting by and through the Principal Representative and the Contractor for the performance of the Work and payment therefore, on State Form SC-6.21. The term Agreement when used without reference to State Form SC-6.21 may also refer to the entirety of the parties’ agreement to perform the Work described in the Contract Documents or reasonably inferable there from. The term “Contract” shall be interchangeable with this latter meaning of the term Agreement

Amendment The term “Amendment” means a written order signed by the Principal Representative or its authorized agent, issued after the execution of this Agreement, authorizing a change in the Work, the method or manner of performance, an adjustment in the Contract Sum, or the Contract Time as required by State Building Program’s policy Contract Modification Guidelines.

Architect/Engineer The term “Architect/Engineer” shall mean either the architect of record or the engineer of record under contract to the State of Colorado for the Project identified in the Contract Documents.

Change Order The term “Change Order” means a written order directing the Contractor to make changes in the…

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