Exhibit B-General Conditions-Pro Forma.pdf

ADAMS 12 FIVE STAR SCHOOLS

GENERAL CONTRACT CONDITIONS

Exhibit B

GENERAL CONTRACT CONDITIONS

TABLE OF CONTENTS

GC 1.00 CONTRACT DOCUMENTS AND DEFINITIONS 1

1.01 Contract or Contract Documents 1

1.02 Owner 1

1.04 Subcontractor 1

1.05 Architect 1

1.06 Notice to Contractor 1

1.07 The Work 1

1.08 The Project 1

1.09 The date of final completion and finally completed 1

1.10 Substantial completion 1

1.11 Drawings or plans 2

1.12 Specifications 2

1.13 Change Order 2

1.14 Day or Days 2

GC 2.00 REFERENCE STANDARDS 2

GC 3.00 DRAWINGS AND SPECIFICATIONS 2

3.01 Ownership of Drawings 2

3.02 Figured Dimensions to Govern 2

3.03 Contractor to Check Drawings and Schedules 2

3.04 Detail Drawings and Instructions 2

3.05 Drawings and Specifications Available on the Site 3

3.06 Laws and Regulations 3

GC 4.00 ROYALTIES AND PATENTS 3

GC 5.00 ITEMS COVERED BY CONTRACT PRICE 3

5.01 Items Supplied by Owner 3

5.02 Items Supplied by Contractor 4

GC 6.00 EXECUTION, CORRELATION, INTENT, AND INTERPRETATION OF CONTRACT DOCUMENTS 4

6.01 Execution 4

6.02 Correlation 4

6.03 Intent 4

6.04 Interpretation 4

6.05 Conflict in Interpretation 5

GC 7.00 MATERIALS, LABOR, FACILITIES, AND STORAGE 5

7.01 Contractor’s Responsibility 5

7.02 Materials 5

7.03 Toilet Facilities 5

7.04 Facilities and Storage 6

7.05 Office Space 6

7.06 Quality and Location of Facilities 6

GC 8.00 PERFORMANCE AND PAYMENT BONDS 6

8.01 Required Bonds 6

8.02 Additional Bond Requirements 6

GC 9.00 PERMITS AND COMPLIANCE WITH STATUTES, RULES, AND REGULATIONS 6

9.01 Permits 6

9.02 Compliance with Statutes, Rules and Regulations 7

GC 10.00 SURVEYS, BENCHMARKS, MONUMENTS, STAKES, AND MEASUREMENTS 7

10.01 Surveys 7

10.02 Benchmarks 7

10.03 Preservation of Monuments and Stakes 7

10.04 Measurements 7

GC 11.00 CHANGED CONDITIONS 7

GC 12.00 PROTECTION OF PERSONS, WORK AND PROPERTY 8

12.01 Building Exits and Barricades 8

12.02 Precautions 8

12.03 OSHA Compliance 8

12.04 Contractor’s Liability 8

12.05 Emergencies 8

GC 13.00 WORK ON EXISTING BUILDINGS 8

13.01 Protection of Occupants 8

13.02 Partitions and Scheduling 9

13.03 Existing Systems 9

GC 14.00 CONTRACTOR’S SUPERINTENDENCE AND SUPERVISION 9

14.01 Superintendent 9

14.02 Supervision 9

14.03 Additional Supervision Duties 9

GC 15.00 SUBSTITUTIONS 9

GC 16.00 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES 10

16.01 Shop Drawings 10

16.02 Samples 10

16.03 Product Data 10

16.04 Contractor’s Obligations 10

16.05 Verification 10

16.06 Architect Review 10

16.07 Corrections 11

16.08 Contractor’s Responsibility 11

16.09 Architect Approval Required 11

16.10 Copies to Owner 11

GC 17.00 CASH ALLOWANCE 11

GC 18.00 EXPEDITING MATERIALS 11

GC 19.00 BLASTING 11

GC 20.00 SOIL TEST REPORT 11

GC 21.00 HAZARDOUS MATERIALS 12

21.01 Responsibility and Reporting 12

21.02 Contractor’s Obligations 12

21.03 Owner’s Obligations 12

21.04 Management Plan 12

GC 22.00 DAMAGE TO UTILITIES 12

22.01 Adequate Precautions 12

22.02 Location 12

22.03 Protection from Damage 12

22.04 Inactive or Abandoned Utilities 13

GC 23.00 CHANGES IN THE WORK 13

23.01 Change Orders 13

23.02 Minor Changes 13

23.03 Price Differential 13

GC 24.00 CLAIMS FOR EXTRA COST 14

GC 25.00 DELAYS AND EXTENSIONS OF TIME 14

25.01 Delays and Extensions of Time 14

25.02 Article Not Exclusive 14

GC 26.00 ACCESS TO WORK 15

26.01 Access 15

26.02 Inspection 15

26.03 Reinspection 15

26.04 Testing 15

GC 27.00 CORRECTION OF WORK 16

27.01 Correction of Work Before and After Completion 16

27.02 Tests to Determine Conformance 16

27.03 Removal of Rejected Work 16

27.04 Correction of Work After Final Payment 16

27.05 Failure to Correct the Work 16

27.06 Deductions for Uncorrected Work 16

27.07 Additional Obligations 17

GC 28.00 OWNER’S RIGHT TO CARRY OUT WORK 17

GC 29.00 OWNER’S RIGHT TO TERMINATE CONTRACT 17

29.01 Termination for Cause 17

29.02 Termination Without Cause 17

GC 30.00 CONSTRUCTION SCHEDULE AND PROGRESS REPORTS 17

30.01 Construction Schedule 17

30.02 Monthly Progress Reports 18

30.03 Scheduling 18

GC 31.00 SCHEDULE OF VALUES 18

GC 32.00 PAYMENT 18

32.01 Certificates for Payment 18

32.02 Payments to Contractor 18

32.03 Payments Withheld 19

32.04 Recordkeeping 20

32.05 Interest 20

GC 33.00 INSURANCE 20

33.01 20

a. Workers’ Compensation Insurance 20

b. Commercial General Liability Insurance 21

c. Comprehensive Automobile Liability Insurance 22

d. Umbrella Liability Insurance (for projects exceeding $10,000,000) 22

e. Builder’s Risk Insurance 22

f. Professional Liability Insurance 23

g. Contractor’s Pollution Liability 23

33.02 Immunity 24

33.03 Additional Miscellaneous Insurance Provisions 24

GC 34.00 SEPARATE CONTRACTS 24

34.01 Other Contracts 24

34.02 Duty to Inspect and Report 24

34.03 Duty to Measure 24

GC 35.00 SUBCONTRACTORS 25

35.01 Subcontractors and Suppliers 25

35.02 Obligations 25

35.03 Final Listing 25

35.04 No Contractual Relationship 25

GC 36.00 RELATIONS OF CONTRACTOR AND SUBCONTRACTOR 25

36.01 Written Agreement 25

36.02 Subcontractors’ Agreement 25

36.03 Contractor’s Agreement 26

36.04 Verified Documentation 26

36.05 No Obligation 26

36.06 Meeting with Architect 26

GC 37.00 CONTRACTORS’ MUTUAL RESPONSIBILITY 26

GC 38.00 CUTTING, PATCHING, AND EXCAVATING 27

38.01 Standards 27

38.02 Responsibility 27

38.03 Cutting and Sizing 27

GC 39.00 EMPLOYEES 27

39.01 Qualifications 27

39.02 Drug- and Tobacco-Free Zone 27

39.03 Equal Employment 28

39.04 Responsibility for Employees 28

39.05 Workers without Authorization 28

GC 40.00 CLEANING UP 28

40.01 Contractor’s Responsibilities 28

40.02 Standards 28

GC 41.00 USE OF PREMISES 28

GC 42.00 OCCUPANCY 29

GC 43.00 TEMPORARY OR TRIAL USAGE 29

43.01 Not Evidence of Acceptance 29

43.02 Authorization 29

GC 44.00 TESTING OF BUILDING SYSTEMS 29

44.01 Testing Plan 29

44.02 Contractor’s Responsibility 29

GC 45.00 SUBSTANTIAL COMPLETION 29

45.01 Notice 30

GC 46.00 LIQUIDATED DAMAGES FOR DELAY IN COMPLETION 30

GC 47.00 ACCEPTANCE AND FINAL PAYMENT 31

47.01 Before Final Inspection 31

47.02 Final Inspection 31

47.03 Acceptance 31

47.04 Final Settlement 31

47.05 Unpaid Claims 31

47.06 Unsatisfied Claims 32

47.07 No Waiver 32

GC 48.00 WARRANTIES ON PORTIONS OF THE WORK 32

GC 48.00 CONTRACTOR’S PROJECT GUARANTEE AFTER COMPLETION 32

49.01 Warrant and Guarantee 32

49.02 Unconditional Agreement to Remedy 32

49.03 Inspections 32

49.04 Owner’s Remedies 32

GC 50.00 MISCELLANEOUS KEYS, SWITCHES, ETC. 33

GC 51.00 INDEMNIFICATION 33

GC 52.00 LABOR DISPUTES 33

GC 53.00 LIMITATION OF ACTIONS 33

GC 54.00 PREFERENCE FOR COLORADO LABOR, MATERIALS, AND RESIDENT BIDDERS 33

54.01 Colorado Labor 34

54.02 Commodities or Services 34

54.03 Resident Bidders 34

GC 55.00 SALES AND USE TAX 34

GC 56.00 LIENS 34

GC 57.00 OWNER’S INSPECTION OF CONTRACTOR’S RECORDS 35

GC 58.00 CONTRACTOR SAFETY RESPONSIBILITIES 35

58.01 Regulatory Compliance 35

58.02 Contractor’s Obligation to Provide Safety Compliance 35

58.03 Contractor Safety Representative 35

58.04 Contractors Obligation to Report Accidents and Incidents to Owner 35

58.05 Owner’s Observation of Safety, Health and Environmental Compliance 36

58.06 Contractor’s Prohibited Articles and Actions on Owner’s Property 36

58.07 Project Site Conditions 37

58.08 Site Specific Orientation and Safety Plans in Place 38

58.09 Record Keeping 38

58.10 General Duty to Safety 38

GC 59.00 CONTRACTOR ASBESTOS MANAGEMENT AND LEAD PAINT RESPONSIBILITIES 39

GC 60.00 ARCHITECT’S STATUS AND INSPECTIONS 39

60.01 Authority 39

60.02 Decisions 39

60.03 Inspections 39

GC 61.00 ORAL STATEMENTS 40

GC 62.00 PROJECT SIGN 40

GC 63.00 HISTORICAL DATA 40

GC 64.00 ASSIGNMENT 40

GC 65.00 TIME OF THE ESSENCE 40

GC 66.00 DISPUTES 40

GC 67.00 SURVIVAL 40

GC 68.00 OPEN RECORD 41

GC 69.00 ACCESSIBILITY OF INFORMATION 41

GC 70.00 FALSE CLAIMS ACT 41

GC 71.00 CONFIDENTIAL INFORMATION 42

General Conditions – 04.24.2025

GC 1.00 CONTRACT DOCUMENTS AND DEFINITIONS

All Work under the Construction Agreement shall be accomplished in accordance with the Contract Documents, which shall consist of the Request for Qualifications, Request for Proposals, Proposal(s), Notice of Award, Notice to Proceed, Performance Bond, Labor and Material Payment Bond, Construction Agreement, General Contract Conditions, Drawings and Specifications, tests and engineering data, approved Change Orders, Contractor’s Requests for Payment, Architect’s Certificates, Owner’s Consultant Guidelines and Appendices, and all addenda issued by the Owner or Architect prior to execution of the Construction Agreement and all modifications issued by the Owner or Architect after execution of the Construction Agreement.

With respect to the Contract Documents, the following definitions and understandings shall control:

1.01 “Contract” or “Contract Documents” shall include all of the items enumerated in GC-1.00 above.

1.02 “Owner” or “District” shall mean the Superintendent of Schools of Adams 12 Five Star Schools, and shall include his duly authorized representatives or designees.

1.03 “Contractor” or “CM/GC” shall mean the corporation, company, partnership, firm, entity, or individual named and designated as such in the Construction Agreement, and any persons or entities acting on its behalf.

1.04 “Subcontractor” shall mean any corporation, partnership, firm, entity, or individual having a direct contract with the Contractor or another subcontractor for performing Work and/or furnishing labor or material on the Project covered by the Contract.

1.05 “Architect” shall mean the corporation, partnership, firm, entity or individual named and designated as “architect” in the Construction Agreement, and any persons or entities acting on the Architect’s behalf and within the scope of the particular duties properly entrusted to them in each case. In the event that there is no Architect on the Project, then “Architect” shall refer to Owner and its duly authorized representative.

1.06 “Notice to Contractor” shall be deemed to have been duly served if made in writing and delivered in person to the individual or to a member of the firm or to an officer of the corporation for which it is intended, or if sent by registered or certified mail, to Contractor’s last known business address.

1.07 “The Work” shall mean the construction and services required by the Contract Documents for completion of the Project, and includes all labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations, whether on or off the Project site, and all labor, materials equipment and services provided or to be provided by subcontractors, sub-subcontractors, or any other entity for whom the Contractor is responsible.

1.08 “The Project” is the total construction of which the Work performed under the Contract Documents may be the whole or a part.

1.09 The “date of final completion” and “finally completed” shall mean the date when construction is certified by the Architect to be finally completed in accordance with the Contract Documents, as modified by any Change Orders processed under the terms of GC-23.00 below and when the Owner has fully accepted the Project for the use for which it was intended. Such date will be set forth on a letter of acceptance issued by the Owner.

1.10 “Substantial completion”, “substantially completed” and “date of substantial completion” shall mean the date when the Work or designated portion thereof is sufficiently complete, in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use.

1.11 “Drawings” or “plans” shall mean all (a) drawings furnished by the Owner and/or Architect as a basis for the award of Contract and for construction of the Project; (b) supplementary drawings furnished by the Owner and/or Architect to clarify and to define in greater detail the intent of the Contract drawings and specifications; (c) drawings submitted by the successful Contractor as may be required after the Contract is awarded; (d) drawings furnished by the Owner and/or Architect to the Contractor during the progress of the Work; and (e) engineering data and drawings submitted by the Contractor during the progress of the Work, provided such drawings are acceptable to the Architect.

1.12 “Specifications” shall mean the written technical information concerning materials, components, systems, equipment, and manner of installation as indicated on the drawings or plans and which state the quality, performance, and characteristics to be achieved by application of construction methods.

1.13 “Change Order” shall mean a written order to the Contractor signed by the Owner or its authorized agent issued after the execution of the Construction Agreement, authorizing a change in the Work and/or adjustment in the Guaranteed Maximum Price (“GMP”) or the Contract amount, as applicable, or the contract time schedule. Each adjustment in the GMP or Contract amount resulting from a Change Order shall clearly separate the amount attributable to the Cost of the Work and the Contractor’s Fee.

1.14 “day” or “days” shall mean calendar days. In computing a period of days, when the ending date is not specified, the first day is excluded and the last day is included. If any deadline falls on a Saturday, Sunday, or federal or Colorado state holiday, such deadline will be extended to the next day that is not a Saturday, Sunday or federal or Colorado state holiday.

GC 2.00 REFERENCE STANDARDS

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

GC 3.00 DRAWINGS AND SPECIFICATIONS

3.01 Ownership of Drawings. All drawings, specifications, and copies thereof furnished by the Architect are the property of the Architect and the Owner, whether or not the Work for which they are made is performed, and are not to be used on other Work except by written agreement with the Architect and the Owner.

3.02 Figured Dimensions to Govern. Dimensions and datum elevations shown on the drawings shall be accurately followed. No Work shown on the drawings, the dimensions of which are not indicated, shall be executed until necessary dimensions have been obtained from the Architect.

3.03 Contractor to Check Drawings and Schedules. The Contractor shall check and verify all dimensions, elevations, and quantities shown on the drawings and furnished to it by the Architect, and shall notify the Architect of any discrepancy between the drawings and the conditions on the ground, or any error or omission in drawings, or in the layout as given by stakes, points, or instructions that it may discover. Before ordering any material or doing any Work, the Contractor shall verify all measurements concerning the Project and shall be responsible for the correctness of the same. No extra charge or compensation shall be allowed on account of any difference between actual dimensions and the measurements indicated on the drawings. Any difference that may be found shall be submitted to the Architect for consideration and written determination before proceeding with the Work. The Contractor shall not be allowed to take advantage of any error or omission in the drawings or Contract Documents. Full written instructions shall be furnished by the Architect should such error or omission be discovered, and the Contractor shall carry out such instructions as if originally specified.

3.04 Detail Drawings and Instructions. The Architect shall furnish with reasonable promptness additional instructions, by means of drawings or otherwise, necessary for the proper execution of the Work.

All such drawings and instructions shall be consistent with the Contract Documents. The Work shall be executed in conformity with the Architect’s drawings and instructions, and the Contractor shall do no Work without proper drawings and instructions.

3.05 Drawings and Specifications Available on the Site. The Contractor shall maintain at the Project site for the Owner and the Architect a Project record set of drawings containing the engineer’s/Architect’s stamp, including addenda, approved shop drawings, Change Orders, and other modifications, with all changes or deviations from the original drawings neatly marked thereon in a contrasting color. The Contractor shall also maintain a Project record set of specifications at the Project site, noting therein by appropriate section the names, models, and other distinguishing characteristics of the materials actually incorporated into the Work.

This Project record set of drawings and specifications shall be updated daily as the Project progresses and shall be made available to the Owner and Architect for inspection at all times. Upon final completion of the Work and before final payment, three (3) copies and one (1) electronic copy in the file format of the Owner’s preference of this Project’s record set of drawings and specifications shall be delivered to the Owner. One (1) copy of this Project record set of drawings and specifications shall be delivered to the Architect.

3.06 Laws and Regulations . The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the Work as drawn and specified. If the Contractor observes that the drawings and specifications are at variance therewith, it shall promptly notify the Architect in writing, and any necessary adjustments shall be made as provided in the Contract for changes in the Work.

If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules, or regulations without giving the required written notice to the Architect and receiving a written directive to proceed, it shall bear all costs arising therefrom and to correct and/or remedy the same.

GC 4.00 ROYALTIES AND PATENTS

The Contractor shall pay all royalties and license fees. The Contractor’s work product, including without limitation, Contractor’s notes, memoranda, photographs, spreadsheets, data, designs, plans, drawings, submittals, redlines and revisions made thereto, and any other documents produced throughout the Project (collectively “Work Product”), shall be delivered to the Owner within the time frame(s) contemplated by the Construction Agreement or at the latest upon the date of final completion or termination of the Contract, shall become the property of the Owner, and may be used by the Owner for any purpose. The Contractor shall defend all suits or claims for infringement of any alleged patent rights, copyright, or trade secrets arising out of Owner’s ownership or use of Contractor’s Work Product and shall indemnify and hold harmless the Owner from any and all liability or loss on account thereof and shall pay any judgments or fees resulting therefrom, including, but not limited to, royalties, license fees, and attorneys’ fees. If the Contractor has information that the process or article specified involves the infringement of a patent, it shall be responsible for any and all liability or loss resulting therefrom unless it promptly furnishes such information to the Architect in writing.

GC 5.00 ITEMS COVERED BY CONTRACT PRICE

5.01 Items Supplied by Owner. Owner shall supply the following items for the Project:

a. Building permit;

b. Initial survey;

c. Materials testing including soil testing;

d. Third-party inspections;

e. Commissioning

5.02 Items Supplied by Contractor. Unless specifically stated otherwise, the Contractor shall accept the compensation stated in the Construction Agreement as full payment for furnishing all the materials, transportation, apparatus, temporary structures, equipment, services, fuel, energy, light, water, labor and tools, permits, and all other items necessary for the complete and proper execution of the Work contemplated by or reasonably implied from the Contract Documents, within the time limits indicated therein. Such amount shall include any loss or damage resulting from the nature of the Work, from the elements or from any unforeseen difficulties that may be encountered; all risks of every description connected with the prosecution of the Work;

all expenses incurred in consequence of any suspension or discontinuance of the Work; and all other amounts necessary for completing the Work pursuant to the Contract Documents within the time limits indicated therein.

GC 6.00 EXECUTION, CORRELATION, INTENT, AND INTERPRETATION OF CONTRACT DOCUMENTS

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

6.02 Correlation. By executing the Construction Agreement, the Contractor represents that it has visited the Project site, familiarized itself with the local conditions under which the Work is to be performed, and correlated its observations with the requirements of the Contract Documents.

6.03 Intent. The intention of the Contract Documents is to include all labor and materials, tools, equipment, construction equipment, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work. Materials or Work described in words that, as applied, have a well-known technical or trade meaning shall be held to refer to such recognized meaning.

The organization of the specifications into divisions, sections, and articles, as the case may be, and the arrangement of drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. It is intended that even though Work is not covered under any heading, division, section, article, branch, class, or trade of the specifications, it shall nevertheless be supplied if it is required elsewhere in the Contract Documents or is reasonably inferable therefrom as being necessary to produce the intended results. The specifications and drawings are intended to supplement but not necessarily duplicate each other. Where a conflict occurs between or within Specifications and Drawings, the more stringent or higher quality requirements shall apply. Addenda and Modifications to the Construction Documents take precedence over the original Construction Documents.

Should there be a conflict within the Specifications, or the Drawings, or between the Specifications and the Drawings, the Architect shall decide which stipulation will provide the best installation and the Architect's decision shall be final. In any event, if any error or disagreement in the Drawings and Specifications exist, or appear to exist, the Contractor shall not avail itself of such manifestly unintentional error or omission, but must have the same explained or adjusted by the Architect before proceeding with the work in question. In the event of the Contractor's failure to give written notice, Contractor shall, at its own expense, make good any damage to or defect in the work caused by such omission. Any Work exhibited in the one and not in the other shall be executed as if it had been set forth in both, so that the Work will be constructed according to the complete design as determined by the Architect.

6.04 Interpretation. Should anything necessary for a clear understanding of the Work be omitted from the specifications and drawings, or should the requirements appear to be in conflict, the Contractor shall secure written interpretations or instructions from the Architect before proceeding with the Work affected thereby. The Contractor shall secure written interpretations or instructions by submitting the Owner’s Form Request for Information to the Architect. Oral requests shall not be acknowledged by the Architect or Owner.

Additional costs incurred by the Owner as a result of unnecessary requests made by the Contractor, as determined by the Owner, shall be the responsibility of the Contractor. It is understood and agreed that the Work shall be performed according to the true intent of the Contract Documents.

6.05 Conflict in Interpretation. In the case of discrepancy or in the event of a conflict between the different Contract Documents, the documents shall take precedence in the following order:

a. Change Orders;

b. Written Amendments to Construction Agreement (including, if applicable, the GMP);

c. Construction Agreement;

d. General Contract Conditions (including the Owner’s Consultant Guidelines and Appendices);

e. Drawings and specifications; and

f. Bid Documents, including addenda.

Where two or more of the Contract Documents are complementary, the more detailed provision shall control over the more general provision.

GC 7.00 MATERIALS, LABOR, FACILITIES, AND STORAGE

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

Upon completion of the Work, the Contractor shall remove all such temporary facilities from the Project site.

7.02 Materials. Unless otherwise specified, all materials shall be new and both Workmanship and materials shall be of the highest quality. The Contractor shall furnish satisfactory evidence to the Owner as to the kind and quality of materials. Samples shall be furnished, when specified, and the Work shall be in accordance with those samples that have been approved.

7.03 Toilet Facilities. The Contractor shall provide and maintain, in a neat and sanitary condition, adequate temporary toilet facilities for the use of any and all employees engaged on the Work, in strict compliance with the requirements of all applicable codes, regulations, laws, and ordinances. In no event may present toilet facilities of any existing building at the site of the Work be used by employees of the Contractor or its subcontractors. Upon final completion of the Work, the Contractor shall remove all such temporary toilet facilities from the site and disinfect the premises.

7.04 Facilities and Storage. The Contractor shall provide suitable temporary facilities and quarters for workers, as needed, and shall maintain on premises water-tight storage sheds or tool houses for storage of building materials and tools that could be damaged by weather. The Contractor shall allow space for the erection of sheds and provide similar facilities for storage by subcontractors of their materials and tools.

Storage of materials shall be confined to the site. These facilities or quarters shall further provide for protection against theft and damage of building materials and tools. Upon final completion of the Work, the Contractor shall remove all such temporary facilities from the site.

7.05 Office Space. The Contractor shall provide adequate, weatherproofed, heated, ventilated, and well-lighted office space at the site of the Work, for use by the Architect and the Owner and their representatives. The Contractor shall also provide telephone service at such office, which shall be available for use by the Architect, the Owner, and their representatives without charge, except for toll calls.

7.06 Quality and Location of Facilities. All of the foregoing facilities shall be of a level of quality and placed in locations acceptable to the Architect and the Owner.

GC 8.00 PERFORMANCE AND PAYMENT BONDS

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

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

GC 9.00 PERMITS AND COMPLIANCE WITH STATUTES, RULES, AND REGULATIONS

9.01 Permits. Contractor shall secure and pay for any local permits, governmental fees, licenses, and inspections necessary for the proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded.

Owner will pay for and secure a building permit from Colorado Division of Fire Prevention and Control.

Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified in writing. The Owner is generally exempt from paying any fee for any building permit issued by any building departments or agencies located in Adams County, and the Contractor shall see that no building permit fee is paid. The Owner shall negotiate and provide for all electrical, gas, water, and sewer mains for the Contractor’s connections. The Contractor shall arrange with the utility company for actual connection, make necessary connections, and pay for all associated inspection fees and permits as required by any government agency. In addition, the Contractor shall furnish all material and items required to complete all connections. The Contractor shall call for all inspections on a timely basis by any agency having jurisdiction over the Work.

9.02 Compliance with Statutes, Rules and Regulations. The Contractor and all subcontractors shall comply with all applicable federal and state statutes, rules, regulations, and directives of the State Division of Fire Prevention and Control, and any other governmental body having jurisdiction over the work to be performed. If any of the provisions of the Contract Documents are in conflict therewith, such portions shall be considered stricken and the applicable statute, ordinance, regulation, or ruling substituted therefor. All such cases of apparent conflict coming to the attention of any party shall immediately be called to the attention of the Owner. The Contractor shall strictly observe and comply with all federal and state laws pertaining to the employment and payment of labor.

GC 10.00 SURVEYS, BENCHMARKS, MONUMENTS, STAKES, AND MEASUREMENTS

10.01 Surveys. As provided by the Owner, the Contractor shall obtain from the Architect a copy of all surveys describing property lines, elevation benchmarks, physical characteristics, and utility locations.

10.02 Benchmarks. The Contractor shall properly stake out the Work and provide and rigidly set benchmarks and batter boards as necessary for the proper performance of the Work. The Contractor shall remain responsible for their maintenance and their accuracy. A permanent benchmark, approved as to location and type by the Architect, from which all grades are to be taken, shall be established near the site of the Work by the Contractor. From this benchmark the Contractor shall ascertain all grades and levels to Project buildings as needed. The Contract Documents shall include all necessary information to establish the benchmark.

10.03 Preservation of Monuments and Stakes. The Contractor shall carefully preserve all monuments, benchmarks, property markers, reference points, and stakes. In case of the destruction thereof, the Contractor shall be charged with the expense of replacement and shall be responsible for any mistake or loss of time that may be caused. Permanent monuments and/or benchmarks that must be removed or disturbed shall be protected until properly referenced for relocation. The Contractor shall furnish all materials, labor and assistance for the proper replacement of such monuments and benchmarks.

10.04 Measurements. Before ordering any material or performing any Work, the Contractor shall verify all measurements on the Project and shall be responsible for the accuracy of same. No extra charge or compensation shall be allowed because of any difference between actual dimensions and the measurements indicated in the drawings or specifications. Any discrepancies shall be submitted in writing to the Architect and Owner for consideration before proceeding with the Work.

GC 11.00 CHANGED CONDITIONS

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

GC 12.00 PROTECTION OF PERSONS, WORK AND PROPERTY

12.01 Building Exits and Barricades. During the course of construction, the Contractor shall keep all required building exits free and unobstructed. Such exits shall not be closed at any time for any reason while the building is occupied or at any time when the building is unoccupied, except after written approval is given by the Owner and proper warning and directional signs are posted. Barricades shall be erected so that traffic is separated and protected from the construction.

12.02 Precautions. The Contractor shall take all necessary precautions to ensure the safety of all employees and other persons on the Project or who may be affected by the Contractor’s Work thereon. The Contractor shall also take all necessary precautions to protect the Work and all temporary facilities, as well as materials, tools, and equipment incorporated therein or to be incorporated therein from damage or destruction, whether in storage on or off the Project site and whether in the custody or control of the Contractor or any of its subcontractors. The Contractor shall also take all necessary precautions to protect all property at the Project site and adjacent thereto not designated for removal, relocation or replacement, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities.

12.03 OSHA Compliance. The Contractor shall comply with all applicable provisions of the Occupational Safety and Health Administration (“OSHA”) and all laws, ordinances, rules, regulations, and orders of all governmental agencies or authorities having jurisdiction to protect the safety of employees and/or other persons who may be affected by the Work. The Contractor shall erect and maintain all necessary safeguards to protect workers on the Project site and the owners and users of adjacent property, and shall post danger signs and other warnings against hazards created by the Work including but not limited to protruding nails, re-bar, hoists, well holes, elevator shafts, hatchways, scaffolding, window openings, stairways, excavations, and falling materials. The Contractor shall designate a responsible employee at the Project site as a safety officer to ensure the Contractor’s compliance with this section. Said employee shall be the Contractor’s superintendent unless otherwise designated in writing by the Contractor to the Owner and the Architect.

12.04 Contractor’s Liability. The Contractor shall be liable for all injury, damage or loss to any person or property caused in whole or in part by the Contractor, any of its subcontractors, or any person employed by or under the direction of the Contractor or any of its subcontractors. To the extent possible and unless otherwise directed by the Owner or Architect, the Contractor shall promptly repair, pay for or otherwise remedy any such injury, damage or loss and shall indemnify and hold harmless the Owner against any and all liability, claims, damages, losses and expenses arising therefrom. The terms of this section shall not apply in the case of injury, damage or loss proximately caused by the acts or omissions of the Owner and/or Architect and not attributable to any fault or negligence of the Contractor.

12.05 Emergencies. In the event of an emergency that threatens the safety or life of any person or threatens to damage or destroy the Project and/or any Work, materials, equipment or property thereon or to be used thereon, the Contractor shall act at its discretion to prevent such injury, death, damage or destruction.

The Contractor shall immediately notify the Owner and Architect in writing of any such emergency and any action taken by the Contractor in response thereto. Any compensation due the Contractor for such emergency action shall be determined by agreement of the Contractor, Owner and Architect, and an appropriate Change Order shall be issued therefor.

GC 13.00 WORK ON EXISTING BUILDINGS

13.01 Protection of Occupants. In addition to all other requirements of the Contract Documents, if the Work involves an addition or alteration to an existing building, the Contractor shall erect and maintain during the progress of the Work suitable dustproof partitions to protect such building and the occupants thereof. If necessary, in the Owner’s or Contractor’s judgment or pursuant to manufacturer’s directives or recommendations in order to protect occupants from noxious fumes, odors, or hazardous substances, the Contractor may be required to provide additional ventilation and/or work different or extended hours to avoid disruption to other activities within the existing building. Contractor shall protect and keep from harm all occupants of an existing building from construction activities, and shall include a safe pathway into and out of the school and related facilities and maintain all required exits.

13.02 Partitions and Scheduling. If any portions of an existing building are to be remodeled or repaired, such portions shall be adequately partitioned off with dustproof partitions and well ventilated. All remodeling Work shall be scheduled and submitted to the Owner and Architect for approval. The various contractors shall schedule their Work jointly, in order that each may accomplish its Work within such existing building in an orderly fashion during regular school vacation periods where possible, or in such a manner as to permit full use of the building and without impairment of any existing facilities.

13.03 Existing Systems. Existing building systems, such as fire alarm, temperature controls and air distribution, security systems, public announcement systems, irrigation systems, and the like, shall be demonstrated and noted by Owner to the Contractor as operational prior to Contractor’s commencing the Work and Contractor may participate in observation of such systems. Such systems are the responsibility of the Contractor to maintain in pre-construction condition.

GC 14.00 CONTRACTOR’S SUPERINTENDENCE AND SUPERVISION

14.01 Superintendent and/or Project Manager. During the progress of the Work, the Contractor shall ensure that a competent superintendent and any necessary assistants, all satisfactory to the Architect and the Owner, are on the Project site at all times while Work is in progress. The superintendent and/or project manager shall not be changed by the Contractor except with the written consent of the Architect and the Owner, unless the superintendent and/or project manager ceases to be in the Contractor’s employ. The superintendent and/or project manager shall represent the Contractor on the Project and all directions given to him/her shall be as binding as if given to the Contractor. The Architect and the Owner shall not be responsible for the acts or omissions of the superintendent, project manager and/or or his/her assistants.

14.02 Supervision. The Contractor shall provide full-time, qualified, and efficient supervision of the Work, using competent skill and attention. The Contractor is responsible for determining and supervising all temporary and permanent erection and construction sequences, techniques, means, or methods. The Contractor shall direct, schedule, and coordinate the Work to ensure that all parts fit together properly and in accordance with the Contract Documents. The Contractor shall carefully study and compare all Contract Documents and other instructions and shall at once report in writing to the Architect and the Owner any error, inconsistency, or omission that Contractor may discover.

14.03 Additional Supervision Duties. The Contractor shall see that the Work is carried out in accordance with the Contract Documents and in a thorough and first-class workmanlike manner in every respect. The Contractor shall provide engineering, surveying, and coordination to accurately establish all lines, levels, and marks necessary to facilitate the operations of all parties involved in the Contractor’s Work. The Contractor shall lay out the Work in a manner satisfactory to the Architect, making permanent records of all lines and levels required for excavation, grading, and foundations, and for all other parts of the Work. The Contractor shall be responsible for the commencement and the proper completion of the various stages and sequences of construction. The Contractor shall strictly adhere to the approved construction schedule.

GC 15.00 SUBSTITUTIONS

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

GC 16.00 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES

16.01 Shop Drawings. “Shop drawings” are drawings, diagrams, illustrations, schedules, performance charts, brochures, manufacturer’s literature, and other data that are prepared by the Contractor or any subcontractor, manufacturer, supplier, or distributor, and that illustrate some portion of the Work. Shop drawings shall be submitted in both hard copy and electronic format in a file format of the Owner’s preference.

16.02 Samples. “Samples” are physical examples furnished by the Contractor to the Owner and/or Architect to illustrate materials, finishes, equipment, or Workmanship, and to establish standards by which the Work will be judged.

16.03 Product Data. “Product data” are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. Product data shall be submitted in both hard copy and electronic format in a file format of the Owner’s preference.

16.04 Contractor’s Obligations. The Contractor shall review, approve, stamp and then submit to the Architect shop drawings, product data, samples, and similar submittals required by the Contract Documents with reasonable promptness and in such a sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Shop drawings, product data, samples, and similar submittals required by the Contract Documents shall properly identify specified items. At the time of submission, the Contractor shall inform the Architect in writing of any deviation in the shop drawings, product data, or samples from the requirements of the Contract Documents. Substitutions will be allowed only in accordance with the provisions of GC-15.00. The number of copies and format of submittal shall be as required by the Architect, but, at a minimum, shall include three (3) copies and one (1) electronic copy in a file format of the Owner’s preference of the original shop drawings and product data for the Owner.

16.05 Verification. By approving and submitting shop drawings, product data, and samples, the Contractor thereby represents that it has determined and verified all field measurements, field construction criteria, dimensions, elevations, quantities, materials, catalog numbers, and similar data, as shown on the drawings and specifications furnished by the Architect, or will do so, and that it has checked and coordinated each shop drawing, product data, and sample with the requirements of the Work and of the Contract Documents.

16.06 Architect Review. The Architect shall review and approve shop drawings, product data, and samples with reasonable promptness so as to cause no delay, but only for conformance with the design concept of the Project and with the information given in the Contract Documents. The Architect’s approval of a separate item shall not indicate approval of any assembly in which the item functions.