2500 South State Street Salt Lake City, Utah 84115

June 12, 2026

Project Manual for Perimeter Security Upgrades

Multiple Locations

Bridger Elementary School 5368 Cyclamen Way, West Jordan, UT 84081

Rolling Meadow Elementary School

2950 Whitehall Drive, West Valley City, UT 84119

40 Additional Elementary Schools

Project Manual Contents Granite School District

June 12, 2026

Perimeter Security Upgrades - Multiple Locations

Drawings

Bridger Elementary School

Rolling Meadows Elementary School

Construction Materials Asbestos Statement

Tax Exempt Form

Contractor's Project Bid Form

Contractor's Agreement (Sample)

Technical Specfications

Project Manual Contents

Project Manual Cover

GSD Schedule of Values - Page 2 of 2

GSD Payment Application - Page 1 of 2

GSD Change Order Form

Description

Dates of Construction and Damages

Project Directory - Contact Information

Security Access Card Application

Supplemental General Conditions

General Conditions of the Contract for Construction

Instructions to Bidders

2.0 - PM Contents - Table of Contents 6/12/2026

P R O J E C T D I R E C T O R Y

Project: PERIMETER SECURITY UPGRADE

MULTIPLE LOCATIONS

Bridger Elementary School 5368 Cyclamen Way, West Jordan, UT 84081 Rolling Meadows Elementary School 2950 Whitehall Drive, West Valley City, UT 84119 40 Additional Elementary Schools

Owner: GRANITE SCHOOL DISTRICT Architecture, Engineering & Construction 2500 South State Street Salt Lake City, Utah 84115

(385) 646-4142

Designer:

GRANITE SCHOOL DISTRICT

Architecture, Engineering & Construction 2500 South State Street Salt Lake City, Utah 84115

Alan H. Rice, R.A., NCARB

(385) 479-2260 ahrice@graniteschools.org mailto:ahrice@graniteschools.org

I N S T R U C T I O N S T O B I D D E R S

4.0 - Instructions to Bidders Perimeter Security Upgrades June 12, 20266/12/2026 Multiple Locations

Instructions to Bidders Contracted Services for:

Perimeter Security Upgrades Multiple Locations

1) Project Description. Granite School District (GSD) is requesting the services of a General

Contractor (B100) or Fencing/Landscape and Recreation Contractor (S330) to install chain link and decorative metal fencing and gates to secure the site perimeter at 42 elementary schools within the District, beginning with the two elementary schools (the Subject Schools) listed in this bid. Unit pricing will be used to approve quotes for the remaining 40 schools as designs are approved and released to the Contractor for construction. Work shall include, but is not limited to:

• Installation of fencing at Subject Schools:

a) Bridger Elementary School 5368 Cyclamen Way, West Jordan

b) Rolling Meadows Elementary School 2950 Whitehall Drive, West Valley City

• Furnish all labor, materials, and equipment to demolish and dispose of perimeter gates to private property as indicated on Drawings.

• Furnish all labor, materials, and equipment to install new chain link and decorative metal fencing and gates as indicated on Drawings.

• Furnish all labor, materials, and equipment to install powered and unpowered swinging and cantilevered sliding gates as indicated on Drawings.

• Furnish all labor, materials, and equipment to install concrete mow strips as indicated on Drawings.

• Final connection for powered gates and security devices shall be performed by GSD and is not in scope.

• Properly dispose of all waste and construction debris off-site at landfills designated for such materials.

2) General Contractor/Prime Contractor. Contractor(s) offering bids for this project must be able to perform as Prime Contractor on the Project and must be capable of providing coordination and supervision for, and direction to, Subcontractors at any tier hired by and under the Prime Contractor.

3) Site Superintendent. Successful Bidder shall have a full-time Site Superintendent on-site any time work is being performed by Contractor’s own employees and/or by Subcontractors, for the duration of the Project. The Site Superintendent must coordinate all construction activities and Subcontractor access. It will be the Site Superintendent’s responsibility to follow GSD security procedures and to provide access for the Contractor’s employees and Subcontractors for all construction activities. Failure to provide a full-time Site Superintendent on-site shall result in issuance of an immediate “stop work” order from GSD until such time as the Superintendent returns to the site. Issuance of a “stop work” order by GSD shall not result in claim for delay or additional cost to GSD, nor shall it be grounds for extension of Contract days.

4) Project Experience. The Bidder shall demonstrate to GSD their ability to perform work for the District. Bidder shall attach to their submission a separate document listing at least five

(5) projects, successfully completed, of comparable size and/or scope to this Project. Projects completed for GSD need only be identified by Project Name/Location. Documentation for non- GSD projects shall include:

a) Project Name/Location;

b) Project Owner with contact information – telephone and email address;

c) Project Scope of Work;

d) Project Cost – both as-bid and final costs;

e) Brief Description of Project including any special features of the Work.

5) Project Management Plan. GSD has several projects bidding or awarded for construction that will be under construction concurrently with this Project. A Project Management Plan must be submitted by the Contractor within 24 hours of receiving a request from the GSD Purchasing Agent if any of the following conditions apply to the Bidder:

a) The Contractor has been awarded a Contract for a District Project that will be under construction concurrently with this Project;

b) The Contractor has submitted a bid for a District Project that will be under construction concurrently with this Project; and/or

c) The Contractor desires to submit bids on multiple projects currently bidding that will be under construction concurrently with this Project.

The Project Management Plan shall demonstrate how the Contractor intends to independently carry out this Project along with the other projects that have been, or could be, awarded to Contractor, and meet GSD’s published completion date(s). The Project Management Plan shall include the following information for each Project under consideration:

a) Proposed Full Time Site Superintendent for the Project;

b) Other key project personnel and their role;

c) Preliminary schedule;

d) Other information to illustrate how the Contractor will manage the Work separately from the other Project(s).

6) Additional Information. Please see the Supplemental General Conditions of the Contract for

Construction for the construction dates, penalties, liquidated damages, and other information.

7) Scope of Work. Contractor shall furnish all labor, material, and equipment to perform the work as indicated on the Drawings and in accordance with Bid Documents, including General and Supplemental Conditions of the Construction Contract, and other documents as provided for the performance of this Work.

8) Special Project Information for Bid. This Project is a multi-facility Contract to install perimeter security fencing and gates at 42 elementary schools throughout GSD. The basis of the project award will be the lowest responsive and responsible bid for the two Subject Schools based on the Drawings and Specifications provided in these Bid Documents. Bidder shall provide unit pricing to be used as the basis of preparing quotes for the remaining 40 elementary schools as Construction Drawings are issued. Contractor’s unit pricing shall not be increased through the project completion date listed in the Supplemental General Conditions.

The successful bidder will be awarded an open purchase order with an upper limit of $2,000,000.00 (two million dollars and no cents) to invoice against for the aggregate projects.

The contractor will be issued a separate project number and purchase order for each school against the open purchase order for invoicing. Prior to the project completion date, GSD may opt to renegotiate the project completion date and unit pricing, if all facilities have not been awarded, or re-bid the project.

9) Hazardous Materials. Asbestos-containing materials (ACM) or lead may be present in the

Facility and will have been identified by GSD Environmental Safety Personnel. GSD will abate any hazardous materials in the Project Work Area prior to Contractor starting work. GSD will provide Contractor with a Hazardous Materials Inspection Report (NESHAP), at the Pre- Construction Meeting, indicating potential hazardous materials in the Facility/Project Work Area. Contractor shall stop work immediately and notify GSD if any suspected hazardous materials are encountered in the Project Work Area during the course of demolition or construction activities. Contractor shall not remove or disturb suspected hazardous materials unless otherwise directed by GSD Environmental Safety Personnel.

10) Waste Disposal. Contractor shall furnish all labor and equipment to remove, and properly dispose off-site, all construction waste, debris, and packing materials. Contractor shall furnish a dumpster for disposal of all materials and waste. Contractor shall not use GSD disposal container(s).

11) Bonds. The bidder is required to submit a Bid Bond, with the bid, for a total bid amount that is $50,000.00 or greater for the Subject Schools. Bid Bonds will not be required for remaining schools. Refer to instructions contained in the solicitation documents on the Utah Public Procurement Place/Bonfire (U3P). Failure to submit a Bid Bond will cause the bid to be considered non-responsive. Payment & Performance bonds will be required for each project $50,000.00 or greater. The bidder is required to include their bonding rate in the unit costs, but this rate will not be used to determine the award.

12) Pre-bid Meeting. There will be a MANDATORY pre-bid meeting held on Thursday, June 18, 2026, at 8:00 AM at the Granite School District Offices, 2500 South State Street, Salt Lake City, Utah. Bidders shall meet in Architecture, Engineering, and Construction Conference Room, C-202, on the second floor of the two-story building. A tour of the Project Sites will follow the pre-bid meeting. Attendance is required at the pre-bid meeting and the Project Sites for Contractor’s bid to be accepted.

13) Background Check. The successful Contractor will be required to pass a background check which will allow for issuance of a security badge and additional access. Only the Site Superintendent and Project Manager will be required to acquire a badge.

14) Questions. Questions must be submitted by Monday, June 22, 2026, at 2:00 PM. All questions must be submitted via the Utah Public Procurement Place/Bonfire (U3P). Questions submitted directly to Owner or Architect will not be answered until re-submitted through U3P.

Contractor is responsible for reviewing the responses to any questions posted to U3P and acknowledges that all responses become an integral part of the bid package and project requirements.

15) Bid Due Date. Bids are due on or before Thursday, June 25, 2026, at 2:00 PM. All bids must be submitted via the Utah Public Procurement Place/Bonfire (U3P). Contractor shall include with bid proposal, at a minimum, the following items:

a) GSD Bid Form;

b) Bid Bond (if bid is $50,000.00 or over);

c) Project Experience List;

Allow adequate time to upload all information to U3P. Incomplete bids will be considered non-responsive. Bids with conditions and/or exclusions submitted by the bidder, not addressed during the question-and-answer period or not otherwise requested on the GSD Bid Form, will be considered non-responsive.

G E N E R A L C O N D I T I O N S i

General Conditions of the Contract for Construction- Revision – March 3, 2026

GENERAL CONDITIONS OF THE

CONTRACT FOR CONSTRUCTION

Article Title Page

1 GENERAL PROVISIONS 1

2 GSD 7

3 CONTRACTOR 8

4 ADMINISTRATION OF THE CONTRACT 17

5 SUBCONTRACTORS 23

6 CONSTRUCTION BY GSD OR OTHER CONTRACTORS 25

7 MODIFICATIONS 26

8 TIME 29

9 PAYMENTS AND COMPLETION 32

10 PROTECTION OF PERSONS AND PROPERTY 38

11 INSURANCE AND BONDS 41

12 UNCOVERING, CORRECTION OF WORK, AND WARRANTY 44

13 MISCELLANEOUS PROVISIONS 47

14 TERMINATION OR SUSPENSION OF THE CONTRACT 51

ii iii

TABLE OF CONTENTS

ARTICLE 1. GENERAL PROVISIONS

1.1 Basic Definitions

1.2 Construction of Contract Documents, Venue

1.2.1 Applicable Laws

1.2.2 Capitalization

1.2.3 Interpretation

1.2.4 Venue

1.2.5 Intent and Hierarchy

1.2.6 Conflict Responsibility

1.2.7 Separability

1.2.8 Dividing Work and Contractor Representation

1.2.9 Construction of Words

1.3 Ownership and Use of Designer’s Drawings, Specifications and Other Documents ... 6

1.3.1 In General

ARTICLE 2: GSD

2.1 Information and Services Required of GSD

2.1.1 Project Manager

2.1.2 Specialists and Inspectors

2.1.3 Surveys and Legal Description

2.1.4 Prompt Information and Services

2.1.5 Copies of Drawings and Project Manuals for Construction

2.1.6 Other Duties

2.1.7 No Representations or Warranties

ARTICLE 3: CONTRACTOR

3.1 Review of Contract Documents and Field Conditions by Contractor

3.1.1 Reviewing Contract Documents, Information, Reporting Errors, Inconsistencies or Omissions

3.1.2 Field Conditions

3.1.3 Perform in Accordance with Documents and Submittals

3.1.4 Performance to Produce the Complete System and Intended Results

3.1.5 Prior to Construction

3.1.6 GSD’s Indemnification

3.2 Supervision and Construction Procedures

3.2.1 Supervision and Control

3.2.2 Responsibility

3.2.3 Not Relieved of Obligations

3.2.4 Inspections and Approvals

3.3 Labor and Materials

3.3.1 Payment by Contractor

3.3.2 Proposed Substitutions

3.3.3 Discipline and Competence

3.3.4 Local Preference

3.4 Warranty

3.4.1 In General

3.4.2 Exclusion

3.4.3 Furnish Evidence on Request

iv

3.4.4 Written Warranties

3.5 Allowances

3.5.1 In General

3.5.2 Usage of Allowance

3.5.3 Per GSD’s Specifications

3.6 Permits, Fees, Notices, Labor and Materials

3.6.1 Permits and Fees

3.6.2 Compliance with Public Authorities, Notices

3.6.3 Correlation of Contract Documents and Enactments

3.6.4 Failure to Give Notice

3.7 Contractor’s Superintendent

3.7.1 Project Superintendent

3.7.2 Assigned Superintendent

3.8 Contractor’s Construction Schedules

3.8.1 In General

3.8.2 Schedule of Submittals

3.8.3 Planning and Priority

3.8.4 Compliance with Schedules

3.9 Documents and Samples at the Site, Certifying “As-Built”

3.10 Submittals

3.10.1 Not Contract Documents

3.10.2 Promptness

3.10.3 Not Perform Until Designer Approves

3.10.4 Representation by Contractor

3.10.5 Contractor’s Liability

3.10.6 Direct Specific Attention to Revisions

3.10.7 Informational Submittals

3.10.8 Reliance on Professional Certification

3.11 Use of Site

3.11.1 In General

3.11.2 Access

3.12 Access to Work

3.13 Royalties and Patents

3.14 Reports

3.14.1 Progress Report

3.14.2 Equipment and Materials Report

3.14.3 Additional Reports

3.14.4 Procedures Manual

3.15 Storage and Defective Work

3.15.1 Storage and Inspection by Contractor

3.15.2 Rejection of Defective Work

3.15.3 Corrective Work

3.15.4 Owner’s Right to Cure

3.15.5 Acceptance of Defective Work

3.15.6 Storage of Materials

3.16 Turnover of Completed Work to GSD

3.16.1 Cleanliness

3.16.2 Miscellaneous

3.16.3 Final Responsibility

v

3.17 As-Builts or Record Drawings

3.18 Operation & Maintenance (O&M) Manuals

ARTICLE 4: ADMINISTRATION OF THE CONTRACT

4.1 Designer’s Administration of the Contract

4.1.1 In General

4.1.2 Site Visits

4.1.2 (1) In General

4.1.2 (2) Written Report

4.1.3 Communications Facilitating Contract Administration

4.1.4 Designer Issues Certificates of Payments

4.1.5 Designer may Reject Work, Order Inspection, Tests

4.1.6 Designer Review Contractor’s Submittals

4.1.6 (1) Submittal Review

4.1.6 (2) Time for Submittal Review

4.1.6 (3) Submittal Accuracy

4.1.6 (4) Contractor’s Obligation

4.1.6 (5) Contractor’s Liability

4.1.6 (6) Submittal Content

4.1.6 (7) Designer’s Indemnification

4.1.7 Designer’s On-Site Representatives

4.1.8 Designer’s Role in Preliminary Resolution Process

4.1.9 Criteria for Designer’s Determination for Decisions Under 4.1.8

4.1.10 Products Approvals

4.2 Inspections Substantial and Final

4.2.1 Substantial Completion Inspection

4.2.2 Final Completion Inspection

4.3 Procedure for Preliminary Resolution Effort (PRE)

4.3.1 Request for Preliminary Resolution Effort (PRE)

4.3.2 Time for Filing

4.3.3 Content Requirement of PRE

4.3.4 Time for Decision

4.3.5 Contractor to Continue Performance

4.3.6 If Decision Not Issued

4.3.7 Decision Final Unless Claim Submitted

4.4 Claims and Disputes

4.4.1 Claim Content Requirement

4.4.2 Time Limits and Content of Claims

4.4.3 Continuing Contract Performance

4.4.4 Waiver of Claims: Final Payment

4.5 Resolution of Claims and Disputes

4.5.1 Agreement of Claimant on Method and Person(s) Evaluating Claims

4.6 Payment of Claim

4.6.1 Payment Provisions

4.6.2 Term of Payment

4.6.3 Date of Final Determination

4.6.4 No Delay of Payment

4.6.5 Payment Conditions

4.6.6 Subcontractor Payment

4.6.7 Release of Claim

vi

4.7 Allocation of Cost of Claim Resolution

4.7.1 Cost of Filing Fee

4.7.2 Cost of Resolution

4.7.3 Cost Allocation

4.7.4 Cost of Representation

4.8 Alternative Procedures

4.9 Impact on Future Selections

4.10 GSD’s Right to have Issues, Disputes of Claims Considered

ARTICLE 5: SUBCONTRACTORS

5.1 Award of Subcontracts and Other Contracts for Portions of the Work

5.1.1 Approval Required

5.1.2 Requirements

5.1.3 Adjustments if Objections

5.1.4 Subsequent Changes

5.2 Sub-Contractual Relations

5.2.1 Comply with Contract Documents

5.2.2 Rights

5.2.3 Sub-Subcontractors

5.2.4 Document Copies

5.2.5 UCC Provisions

5.3 Contingent Assignment of Subcontracts

5.3.1 Conditions for Assignment to GSD

ARTICLE 6: CONSTRUCTION BY GSD OR BY SEPARATE CONTRACTORS

6.1 GSD’s Right to Perform Construction and to Award Separate Contracts

6.1.1 In General

6.1.2 Coordination and Revisions

6.2 Mutual Responsibility

6.2.1 Contract Coordination

6.2.2 Reporting Problems to GSD and Designer

6.2.3 Costs

6.2.4 Contractor Remedial Work

6.2.5 Claims Between Contractor and Separate Contractor

ARTICLE 7: MODIFICATIONS

7.1 Modifications

7.1.1 In General

7.1.2 By Whom Issued

7.1.3 Performance Requirements

7.1.4 Adjusting Unit Prices

7.2 Change Orders

7.2.1 Defined

7.2.2 Adjusting Price

7.2.3 Resolution of Price and Standards

7.2.4 Credits

7.2.5 Agreement; Change Order Issued

7.2.6 Disagreements; Claims Process Still Applies; Construction Change Directive May Be Issued

7.3 Construction Change Directives

7.3.1 Defined

7.3.2 Used When Lack of Agreement on Change Order

vii

7.3.3 Proceed with Work and Notify Designer about Adjustment Method

7.3.4 Is Change Order If Contractor Agrees

7.4 DSI (Designer’s Supplemental Instructions)

ARTICLE 8: TIME

8.1 Progress and Completion

8.1.1 Time of Essence

8.1.2 Notice to Proceed and Insurance

8.1.3 Complete within Contract Time

8.2 Schedule Preparation

8.2.1 Schedule Preparation

8.2.2 Initial Contract Time

8.2.3 Interim Completion Dates and Milestones

8.2.4 GSD’s Right to Take Exception

8.2.5 Initial Schedule Submission

8.2.6 Schedule of Submittals

8.3 Schedule Changes and Modifications

8.3.1 Contract Time Change Requires Modification

8.3.2 Updates

8.3.3 Resequencing and Duration Changes of Schedule

8.3.4 Time Extension Requests

8.4 Liquidated Damages

8.4.1 In General

8.4.2 Proceeding with Work Not Deemed Waiver

8.5 Consequential Damages

ARTICLE 9: PAYMENTS AND COMPLETION

9.1 Schedule of Values

9.1.1 Schedule of Values

9.1.2 Form

9.2 Applications for Payment

9.2.1 In General

9.2.2 Payment for Material and Equipment

9.2.3 Warranty of Title

9.2.4 Holdback by GSD

9.3 Certificates for Payment

9.3.1 Issued by Designer

9.3.2 Designer’s Representations

9.4 Decisions to Withhold Certification

9.4.1 When Withheld

9.4.2 Certification Issued When Reasons for Withholding Removed

9.4.3 Continue Work Even if Contractor Disputes Designer’s Determination ... 34

9.4.4 GSD Not in Breach

9.4.5 Application or Release of Withholding

9.5 Progress Payments

9.5.1 In General

9.5.2 Contractor and Subcontractor Responsibility

9.5.3 Information Furnished by Designer to Subcontractor

9.5.4 GSD and Designer Not Liable

9.5.5 Certificate, Payment or Use Not Acceptance of Improper Work

9.6 Substantial Completion

viii

9.6.1 Substantial Completion Inspection

9.6.2 Payment Upon Substantial Completion

9.6.3 Delivering Warranties and Guarantees

9.6.4 Review of Contract Price

9.7 Partial Occupancy or Use

9.7.1 In general

9.7.2 Inspection

9.7.3 Not Constitute Acceptance

9.8 Final Completion and Final Payment

9.8.1 Certificate for Payment

9.8.2 Final Inspection and Payment

9.8.3 Conditions for Final Payment and Retainage

9.8.4 Waiver by Accepting Final Payment

ARTICLE 10: PROTECTION OF PERSONS AND PROPERTY

10.1 Safety Precautions and Programs

10.1.1 Contractor Responsibility

10.1.2 Hazardous Materials

10.1.3 Hazardous Materials – Asbestos

10.1.4 Drug-Free Workplace

10.1.5 Standards of Conduct

10.2 Safety of Persons and Property

10.2.1 Contractor Responsibility

10.2.2 Safety Program, Precautions

10.2.3 Compliance with Laws

10.2.4 Erect and Maintain Safeguards

10.2.5 Utmost Care

10.2.6 Prompt Remedy

10.2.7 Safety Designee

10.2.8 Load Safety

10.2.9 Off-Site Responsibility

10.3 Emergencies

ARTICLE 11: INSURANCE AND BONDS

11.1 Liability Insurance

11.1.1 In General

11.1.2 Configurations

11.1.3 Contractor Liability

11.1.4 Certificate of Insurance, Notice Requirements, Additional Insured, Insurer Letter

11.1.5 Deductible Liability

11.1.6 Alternative Coverage

11.1.7 No Release From Liability

11.2 “Builder’s Risk” Property Insurance

11.2.1 In General

11.2.2 Inspections, Recommendations

11.2.3 Deductible

11.2.4 Adjusted With and Payable to Risk Manager as Trustee

11.2.5 Waiver

11.2.6 Special Hazards

11.3 Bonds

ix

11.3.1 Bid Bond

11.3.2 Bid Bond Submission

11.3.3 Performance and Payment Bond

ARTICLE 12: UNCOVERING, CORRECTION of WORK and WARRANTY PERIOD

12.1 Uncovering of Work

12.1.1 Uncover Uninspected Work

12.1.2 When Designer Requested Prior

12.1.3 When Designer Did Not Request Prior

12.2 Correction of Work and Warranty Period

12.2.1 Contractor Correct the Work

12.2.2 Warranty and Correction After Substantial Completion

12.2.3 Removal of Work

12.2.4 No Limit on Other Obligations

12.3 Acceptance of Nonconforming Work

12.4 General Representations and Covenants

12.4.1 Assigned Warranties

12.4.2 Survival of Warranties

12.4.3 No Warranty by GSD

ARTICLE 13: MISCELLANEOUS PROVISIONS

13.1 Designer’s Responsibilities

13.2 Successors and Assigns

13.3 Written Notice

13.3.1 Personal Delivery and Registered or Certified Mail

13.4 Rights and Remedies

13.4.1 Not Limit

13.4.2 No Waiver

13.5 Equal Opportunity; No Discrimination; No Sexual Harassment

13.6 Independent Contractor

13.7 Right to Inspect

13.8 No Waiver of Governmental Immunity

13.9 Owner Purchased and Owner Provided Materials

13.9.1 Owner Provided Materials

13.9.2 Storage of Owner Provided Materials

13.9.3 Contractor Receipt of Owner Provided Materials

13.9.4 Contractor Responsible Upon Receipt

13.9.5 Owner Provided Same As Contractor Provided

13.9.6 Non-Owner Provided Materials

13.10 Conflicting Laws

13.11 E-Verify

13.12 Excluded Parties List System

ARTICLE 14: TERMINATION OR SUSPENSION OF THE CONTRACT

14.1 Termination by Contractor

14.1.1 In General

14.1.2 Notice

14.2 Termination by GSD for Cause

14.2.1 In General

14.2.2 GSD’s Right to Carry Out the Work

14.2.3 Items Required to be Transferred or Delivered

14.2.4 Payment

x

14.2.5 GSD Protection if Lienable

14.2.6 Credits and Deficits

14.2.7 If Contractor Found Not in Default or Excusable

14.2.8 Rights and Remedies Not Exclusive

14.3 Delay or Interruption of Work by GSD for Convenience

14.3.1 By GSD in Writing

14.3.2 Adjustments

14.4 Termination for Convenience of GSD

14.4.1 In General

14.4.2 Contractor Obligations

14.4.3 Termination Claim

14.4.4 Agreed Upon Payment

14.4.5 Payment Not Agreed Upon

14.4.6 Deductions

14.4.7 Partial Termination

14.4.8 Partial Payments

14.4.9 Preserve and Make Available Records

14.5 GSD’s Right to Stop the Work

14.6 Indemnification

General Conditions of the Contract for Construction

ARTICLE 1. GENERAL PROVISIONS

1.1 BASIC DEFINITIONS

ADDENDA. "Addenda" means the written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the bidding documents or the Contract Documents.

AS-BUILT DRAWINGS. "As-Built Drawings” means the record set of drawings that memorialize and denote the Work as constructed. As-Built Drawings are produced, by the DESIGNER, from the redline plans submitted by the Contractor at the conclusion of the project. The redline plans identify actual component installation and dimensional routing of system components that are different from shown in the Contract Documents.

ASSISTANT SUPERINTENDENT. “Assistant Superintendent” means the current holder of the position of Assistant Superintendent, Support Services, for the Granite School District. Assistant Superintendent may include a designee selected by the Assistant Superintendent for a particular contract function referred to in the General Conditions.

BID. "Bid" means the offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

BID DOCUMENTS. "Bid Documents" are defined as the Plans, Project Manual (GSD boilerplate and technical specifications), Addenda, and additional documentation generated by the bid process for the Work.

BONDS. "Bonds" mean the bid bond, performance and payment bonds, and other instruments of security.

CERTIFICATE OF OCCUPANCY. "Certificate of Occupancy” means the certificate that is issued for the permanent occupancy of the new facility, and is issued in compliance and oversight with the Utah State Board of Education (USBE).

CHANGE ORDER. "Change Order" means a written instrument prepared by the Designer and signed by Owner, Contractor and Designer, stating their agreement upon all of the following: (1) a change in the Work; (2) the amount of the adjustment in the Contract Price, if any; and, (3) the extent of the adjustment in the Contract Time, if any.

CLAIM. "Claim" means a demand or assertion by one of the parties seeking, as a matter of right, modification, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of, or relating to the Contract.

CONSTRUCTION CHANGE DIRECTIVE.

"Construction Change Directive" means a written order prepared by the Designer and signed by Owner, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Price or Contract Time, or both. Owner may, by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions; even if it may impact the Contract Price or Contract Time.

CONSTRUCTION PHASE. In a CM/GC Agreement, Construction Phase means the period commencing on the execution of a GMP Amendment, together with the (i) issuance by GSD of a Notice to Proceed with any on-site construction; and (ii) the issuance of a building permit by the applicable permitting authority.

CONTRACT. The Contract Documents form the Contract for Construction. The term "Contract" represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Designer and Contractor,

(2) between Owner and a Subcontractor or Sub - Subcontractor, or (3) between any persons or entities other than Owner and Contractor. The Designer shall, however, be entitled to performance and enforcement of obligations of Contractor under the Contract intended to facilitate performance of the Designer's duties.

CONTRACT DOCUMENTS. The term "Contract Documents" means the Agreement between Owner and Designer, Owner and Contractor (including, if applicable a CM/GC Agreement) (hereinafter referred to as the "Agreement"), the Conditions of the Contract (General, Supplementary, and other Conditions), the Drawings, Project Manual, Specifications, Addenda, and other documents listed in the Agreement, and Modifications issued after execution of the Agreement. The Contract Documents shall also include the Bid Documents, to the extent not in conflict with the other Contract Documents.

CONTRACT PRICE. The term "Contract Price" means the Contract Price as stated in Contractor's Agreement and, including authorized adjustments (modifications), is the total amount payable by Owner to Contractor for performance of the Work under the Contract Documents.

CONTRACT TIME. "Contract Time", unless otherwise provided in the Contract Documents, means the period of time, including authorized adjustments (modifications), allotted in the Contract Documents for Substantial Completion of the Work.

CONTRACTOR. “Contractor” is the person or entity identified as such in Contractor's Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means Contractor or Contractor's authorized representative. When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case, shall mean Contractor who executes each separate Contractor’s Agreement.

CONTRACTOR’S AGREEMENT. “Contractor’s Agreement” means the agreement executed between the Contractor and GSD for the Work.

DAY. The term "day" as used in the Contract Documents shall mean “calendar day” unless otherwise specifically defined.

DEFECTIVE. "Defective" is an adjective which when modifying the word "Work" refers to Work that is unsatisfactory or faulty; or does not conform to the Contract Documents (including substitutions not properly authorized); or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents; or has been damaged.

DESIGN STANDARDS. "Design Standards” means the current standards compiled by GSD, either as a Design Manual or conveyed by the GSD Representative, for use by the DESIGNER in the basis of design. The manual provides a listing of preferred materials and equipment for use in school construction. It is to be used as a guide in the basis of design and during construction of the Work.

DESIGNER. Designer means a person or entity that is lawfully licensed to practice architecture and/or engineering (including but not limited to interior design and landscape design), or other unlicensed design professional as designated by GSD, and is referred to throughout the Contract Documents as if singular in number. The term Designer is identified by a Contractual Agreement that includes subconsultants as part of the service. For projects where no Designer is hired by GSD, the references in the General Conditions to Designer shall be deemed to refer to GSD as practicable.

DESIGNER’S SUPPLEMENTAL INSTRUCTIONS

(DSI). “Designer’s Supplementary Instructions” or “DSI” means order minor changes in the Work not involving adjustment in the Contract Price or extension of the Contract Time and not inconsistent with the intent of the Contract Documents.

DRAWINGS. The "Drawings" are the graphic and pictorial portions of the Contract Documents prepared by the Designer or Owner, wherever located and whenever issued, showing the design, location, and dimensions of the Work; and, which generally include the drawings, elevations, sections, details, schedules and diagrams.

FLCC. “FLCC” is the Fixed Limit of Construction Cost and shall not be exceeded unless Owner gives approval to do so prior to a Change Order or Work being performed. The FLCC includes the GMP, as defined below.

GMP. “GMP” or Guaranteed Maximum Price” is the final price that the CM/GC agrees to accept as payment in full for performance of the Project and the CM/GC Agreement, and is provided by the CM/GC in response to the construction drawings and specifications produced by the Designer. The GMP includes all fees and percentages required by this RFP, including the CM/GC’s Management Fee, all General Conditions including labor and materials, cost of subcontracts, the CM/GC’s Contingency, and all Work as required in the RFP, the CM/GC Agreement, and the Project Definitions Documents. The GMP shall not exceed the FLCC.

GSD. “GSD” means Granite School District, as established pursuant to Utah law. Unless the context requires or is noted otherwise, GSD is the “Owner”.

GSD REPRESENTATIVE. “GSD Representative” means the person directly assigned by Granite School District to work with the Contractor as Project Manager pursuant to SECTION 2.1.1.

Unless the context requires otherwise, the “GSD Representative” is the “Owner’s Representative.”

INSPECTION. The word “inspection” or its derivatives shall mean a review of the Project, including but not limited to a visual review of the Work completed to date to ascertain if the Work is in accordance with the Contract Documents, including all applicable building codes and construction standards.

MODIFICATION. A "Modification" is (1) a Change Order, (2) a Construction Change Directive, or (3) a Designer’s Supplemental Instruction (DSI). The Contract may be amended or modified only by a

Modification, or by other written amendment executed by both Owner and Contractor expressly stating its intent to amend or modify the Contract.

NOTICE TO PROCEED. A "Notice to Proceed" is a document prepared by Owner and sent to Contractor, and by its terms authorizes Contractor to commence Work, or a portion of the Work, on the Project. It is deemed issued upon being sent by Owner to the Contractor's specified address within the Bid.

OWNER. "Owner" or pronoun used in place thereof, means GSD (Granite School District.)

PARTIAL UTILIZATION. "Partial Utilization" means placing a portion of the Work in service for the purpose or use for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. Such partial utilization does not constitute “Substantial Completion.”

PRECONSTRUCTION PHASE. “Preconstruction Phase” means the period commencing upon full execution of a CM/GC Agreement by the Parties and ending upon the commencement of the Construction Phase. This phase includes, but is not limited to, design meetings, estimating, cost reconciliation meetings and cost control, schedule development, and drawing and constructability reviews, and all other requirements detailed in the applicable Article of the CM/GC Agreement.

PROJECT. The "Project" means the total construction, of which the Work performed under the Contract Documents may be the whole or a part, and which may include construction by Owner or by separate contractors.

PROJECT MANUAL (for Construction). The "Project Manual" is the written volume assembled for the Work and may include the bidding requirements, instructions for bidders, General Conditions and Supplementary General Conditions of the Contract, Specifications, and sample forms.

PROPOSAL REQUEST OR PR. A “Proposal Request” or “PR” is a submission to the

Contractor for the purposes of seeking a proposal in order to resolve an issue as part of the Change Order or Contract Modification process.

PROPOSED CHANGE ORDER OR PCO. A

“Proposed Change Order” or “PCO” is an informal request by the Contractor filed with the GSD Representative, in an effort to commence the Contract Modification Process. It shall not be considered a “Claim.” The PCO may be related to any potential, or actual delay, disruption, unforeseen condition or materials, or any other matter for which the Contractor intends to seek additional compensation or time.

REQUEST FOR INFORMATION OR RFI. A

“Request for Information” or “RFI” is any request filed by the Contractor with the Designer seeking information, direction or clarification related to the Contract Documents, plans or specifications.

SAMPLES. "Samples" mean physical examples which illustrate materials, equipment, or workmanship, and establish standards by which the Work will be judged.

SHOP DRAWINGS. "Shop Drawings" means drawings, diagrams, schedules, and other data specially prepared for the Work by Contractor or a Subcontractor, Sub - Subcontractor, manufacturer, supplier, or distributor of any tier to illustrate some portion of the Work.

SPECIFICATIONS. The "Specifications" are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards, workmanship for the Work, and performance of related systems and services.

SUBCONTRACTOR. "Subcontractor" means the person or entity that has a direct contract with Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors retained by Owner.

SUBMITTAL. “Submittal” means shop drawings, diagrams, engineering and product data, and/or other information furnished by Contractor to illustrate conformance to the Specifications for the Work or a portion of the Work.

SUBSTANTIAL COMPLETION. "Substantial Completion" is the date certified by GSD in accordance with SECTION 9.6 SUBSTANTIAL COMPLETION and means the date the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that Owner can occupy and utilize the Work for its intended use and any lack of completion or performance does not unreasonably interfere with the ability of Owner to so occupy and utilize the Work. A final Certificate of Occupancy, where applicable, shall be required to be issued in order for the Work to be considered Substantially Complete unless the failure or unreasonable delay of such issuance is for reasons not attributable to Contractor. Notwithstanding the issuance of a Certificate of Occupancy, an unreasonably high number of “punch list” items (items not in conformance with Contract Document requirements), shall result in a determination that Substantial Completion has not occurred. The determination that the Work is Substantially Complete shall be in the sole discretion of GSD.

SUB-SUBCONTRACTOR. A "Sub-Subcontractor" means the person or entity that has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub - Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -Subcontractor or an authorized representative of the Sub -Subcontractor. The term "Sub - Subcontractor" does not include the sub -subcontractors of a subcontractor for a separate contractor retained by Owner. Unless the context requires otherwise, the term Sub-Subcontractor includes all material suppliers and vendors who directly or indirectly support the Work.

SUPPLEMENTARY GENERAL CONDITIONS.

"Supplementary General Conditions" means the part of the Contract Documents which amends or supplements these General Conditions.

WORK. The term "Work" means the Preconstruction Services and the Construction Phase Work required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project.

1.2 CONSTRUCTION OF CONTRACT

DOCUMENTS, VENUE

1.2.1 APPLICABLE LAWS. The applicable

laws and regulations of the State of Utah, as well as any applicable local laws and regulations not superseded by State law, shall govern the execution of the Work embodied in the Contract Documents as well as the interpretation of the Contract Documents.

1.2.2 CAPITALIZATION. Terms capitalized

in these General Conditions include those which are (1) specifically defined, (2) the title of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document, or (3) the titles of documents published by the American Institute of Architects.

1.2.3 INTERPRETATION. In the interest of

brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an", but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement.

1.2.4 VENUE. In case of any dispute which

may arise under the Contract Documents, the place of venue shall be in the County of Salt Lake, Utah, unless otherwise agreed to by all the parties.

1.2.5 INTENT AND HIERARCHY. The

Contract Documents should be read as a whole, and wherever possible, the provisions should be construed in order that all provisions are operable.

The intent of the Contract Documents is to include all items necessary and incidental for the proper execution and completion of the Work by Contractor. The Contract Documents are complementary, and what is required by one Document or provisions thereof shall be as binding as if required by all the Documents or provisions thereof. Performance by Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from the Contract Documents as being necessary to produce the intended results. In case of an irreconcilable conflict between provisions within a Contract Document or between Contract Documents, the following priorities shall govern as listed below:

(1) A particular Modification shall govern over all

Contract Document provisions or Modifications issued prior to said particular Modification.

(2) A particular Addendum shall govern over all other Contract Document provisions issued prior to said particular Addendum. Subsequent Addenda shall govern over prior Addenda.

(3) The Supplementary General Conditions shall govern over these General Conditions.

(4) These General Conditions shall govern over all other Contract Documents except for the Supplementary General Conditions, Addenda, and Modifications.

(5) The Drawings and Specifications shall not govern over any of the immediately preceding documents.

(6) In case of a conflict or ambiguity within the same level of hierarchy described above, Owner shall have the right to select the most stringent requirement.

1.2.6 CONFLICT RESPONSIBILITY.

Contractor shall comply with the provisions of

SUBPARAGRAPH 3.1 REVIEW OF CONTRACT

DOCUMENTS AND FIELD CONDITIONS BY

CONTRACTOR set forth below regarding review of the Contract Documents and field conditions by Contractor.

1.2.7 SEPARABILITY. The invalidity of any

part, paragraph, subparagraph, phrase, provision, or aspect of the Contract Documents shall not impair or affect in any manner the validity, enforceability or effect of the remainder of the

1.2.8 DIVIDING WORK AND CONTRACTOR

REPRESENTATION. Organization of the specifications into division, sections and articles, and arrangement of Drawings, shall not control Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. Contractor represents that the Subcontractors and Sub- Subcontractors engaged, or to be engaged for the Work, are and will be familiar with the requirements for performance by them of their obligations.

1.2.9 CONSTRUCTION OF WORDS. Unless

otherwise stated in the Contract Documents, words which have well known technical or construction industry meanings shall be construed as having such recognized meanings. Unless the context requires otherwise, all other technical words shall be construed in accordance with the meaning normally established by the particular, applicable profession or industry. All other words, unless the context requires otherwise, shall be construed with an ordinary, plain meaning.

1.3 OWNERSHIP AND USE OF DESIGNER’S

DRAWINGS, SPECIFICATIONS AND OTHER

DOCUMENTS.

1.3.1 IN GENERAL. All Drawings, Specifications and other documents prepared by the Designer are, and shall remain, the property of either Owner or the Designer, as provided in the Designer’s Agreement, and such owner shall retain all common law, statutory and other reserved rights with respect thereto. Said documents were prepared and are intended for use as an integrated set for the Project which is the subject of this Contract. They shall not be modified or used on any other project without the prior written consent of Owner and Designer. Any such non-permissive use or modification by Contractor, Contractor's Subcontractors at any tier, or anyone for whose acts Contractor is liable, shall be at Contractor's sole risk. Contractor shall hold harmless and indemnify Owner and Designer, and their separate contractors and consultants, from and against any and all claims, actions, suits, costs, damages, loss, expenses and/or attorney fees arising out of such non-permissive use or modification by Contractor.

Contractor, Subcontractors and Sub- Subcontractors are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications, and other documents prepared by the Designer appropriate to and solely for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications, and other documents prepared by the Designer. Submittals or distributions necessary to meet official regulatory requirements or for other purposes relating to completion of the Project are not to be construed as a publication in derogation of any copyright or other reserved rights.

ARTICLE 2. GSD

2.1 INFORMATION AND SERVICES REQUIRED

OF GSD

2.1.1 PROJECT MANAGER. GSD shall

designate a Project Representative authorized to act on GSD's behalf with respect to the Project. GSD or such authorized representative shall render decisions within a reasonable time pertaining to documents submitted by the Designer and/or Contractor in order to avoid a compensable delay in the orderly and sequential progress of the Project.

2.1.2 SPECIALISTS AND INSPECTORS.

GSD will assign an inspector or specialist to note deviations from, or necessary adjustments to, the Contract Documents or to report deficiencies or defects in the Work. The inspector or specialist's activities in no way relieve the Designer or Contractor of the responsibilities set forth in the

2.1.3 SURVEYS AND LEGAL DESCRIPTION.

GSD shall furnish surveys describing known physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. Contractor shall review this information, including the surveys and any provided soils tests, and compare such information with observable physical conditions and the Contract Documents.

2.1.4 PROMPT INFORMATION AND

SERVICES. Upon receipt of a written request from Contractor, information or services under GSD's control shall be furnished by GSD with reasonable promptness to avoid delay in orderly progress of the Work.

2.1.5 COPIES OF DRAWINGS AND PROJECT

MANUALS (FOR CONSTRUCTION). Unless otherwise provided in the Contract Documents, Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals (for construction) as are reasonably necessary for execution of the Work.

2.1.6 OTHER DUTIES. The foregoing are in

addition to other duties and responsibilities of GSD enumerated herein and especially those in respect to ARTICLE 6 CONSTRUCTION BY GSD OR BY

SEPARATE CONTRACTORS, ARTICLE 9 PAYMENTS

AND COMPLETION, and ARTICLE 11 INSURANCE

AND BONDS.

2.1.7 NO REPRESENTATIONS OR

WARRANTIES. Upon Contractor's written request, GSD shall provide Contractor with any drawings of the site of the Work in GSD's possession, insofar as they relate to the Work to be rendered hereunder.

Contractor shall review such information, including any provided surveys and soils tests, and compare such information with observable physical conditions and the Contract Documents.

The Contract Price has been developed by Contractor after review of existing drawings, site inspections of the site of the Work, discussions with Subcontractors, equipment suppliers and others, and the development and/or review of such other information and data as Contractor has deemed prudent. Contractor agrees that information provided by GSD in connection with the Project is for informational purposes only and is not a representation or warranty that such information is accurate or correct, and that Contractor is relying on its own investigation and experience in entering into this Agreement.

ARTICLE 3. CONTRACTOR

3.1 REVIEW OF CONTRACT DOCUMENTS AND

FIELD CONDITIONS BY CONTRACTOR

3.1.1 REVIEWING CONTRACT

DOCUMENTS, INFORMATION, REPORTING

ERRORS, INCONSISTENCIES OR OMISSIONS.

Contractor represents and warrants by submission of a Proposal that Contractor has carefully examined the Contract Documents, any soil test reports, drainage studies, geotechnical or other reports and the site of the Work, and that from Contractor’s own investigations, has satisfied itself as to the nature and location of the Work, the character, quality, and quantity of surface and subsurface materials likely to be encountered, the character of equipment and other facilities needed for the performance of the Work, the general and local conditions, and all other materials which may in any way affect the Work or its performance.

Contractor shall carefully study and compare the Contract Documents with each other and other information furnished by GSD and Designer pursuant to SECTION 2.1 hereof and shall promptly report to GSD and Designer errors, inconsistencies or omissions discovered. Contractor shall not be liable to GSD or Designer for damage resulting from errors, inconsistencies or omission in the Contract Documents, unless Contractor recognized or should have recognized such error, inconsistency or omission and Contractor failed to report such to the Designer.