projectmanual.pdf

PROJECT MANUAL

COLORADO SCHOOL OF MINES

PROJECT NAME:

Jackson 115 Shelled Space Restroom & Break Addition

GOLDEN, COLORADO

PROJECT NO. IH26-110

September 29, 2026

ISSUED FOR BID

SBP-BidIndex

Rev 7/2025

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

INDEX FOR THE PROJECT MANUAL - BIDDING

The following documents should be included in the Consultant’s Project Manual or uploaded with the Solicitation if no Project Manual is provided.

Items in Bold should be included in the electronic solicitation or attached to the Project Manual, not merely referenced.

Ďđ Consultant Project Manual Cover čđ Advertisement for Bids See separate attachment Čđ Information for Bidders (SBP-6.12) ċđ Apprenticeship Contribution Rates and Prevailing Wage Determinations (if applicable) Ċđ Bid Form (SBP-6.13)* ĉđ Bid Alt Form (SBP-6.131) (If applicable) Ĉđ Specimen of Bid Bond (SBP-6.14)* ćđ Specimen of Notice of Award DBB (SBP-6.15) or GMP (SBP-6.16)* Ćđ Sample Contractor’s Agreement or SBP Purchase Order Ďďđ General Conditions of the Contract ĎĎđSupplementary General Conditions (if applicable) ĎčđSpecimen of Performance Bond (SC-6.22) * ĎČđSpecimen of Labor and Material Bond (SC-6.221) * ĎċđSpecimen of Notice to Proceed (SBP-6.26) or (SBP-7.26) or (SBP-8.26 and SBP-8.261)* ĎĊđ Specimen of Notice of Substantial Completion (SBP-07) * Ďĉđ Specimen of Notice of Occupancy/Use (SBP-01) * ĎĈđ Specimen of Notice of Acceptance (SBP-6.27) * Ďćđ Specimen of Notice of Contractor's Settlement (SBP-7.3) * ĎĆđ A/E Consultants Specifications

Sheri Atencio-Church Cross-Out

Sheri Atencio-Church Cross-Out

Sheri Atencio-Church Cross-Out

Sheri Atencio-Church Cross-Out

Sheri Atencio-Church Cross-Out

SBP-6.12

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

INFORMATION FOR BIDDERS

Institution or Agency:

Project No./Project Name:

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

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

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

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

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

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

SBP-6.12

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

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

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

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

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

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

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

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

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

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

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

SBP-6.13

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

BID FORM

Institution or Agency:

Project No./Project Name:

Bidder Acknowledges Receipt of Addenda Numbers: _______________________________

(See 3a below for the next 3 items)

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

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

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

Base Bid $________________________

Bidder’s Time of Completion (in CALENDAR DAYS only)

Time Period from Notice to Proceed to Substantial Completion: ____________________________

Time Period from Substantial Completion to Final Acceptance: ____________________________

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

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

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

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

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

Contractor Name/Address

Sheri Atencio-Church Highlight

Sheri Atencio-Church Highlight

Sheri Atencio-Church Text Box

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

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

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

Attach proof of certification along with the bid submission. *

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

24-92-115

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

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

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

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

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

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

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

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

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

Dated this ________ Day of _______________________ , 20______

THE BIDDER:

By ________________________________________ _________________________________________________ Company Name Address

Phone Number ______________________________ _________________________________________________ City, State Zip Code

By ________________________________________ _________________________________________________ Name (Print) and Title Signature

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

BID BOND

Institution or Agency: Colorado School of Mines

Project No./Project Name: IH26-110 Jackson 115 Shelled Space Restroom & Break Addition

KNOW ALL MEN BY THESE PRESENTS:

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

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

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

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

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

(Corporate Seal) THE PRINCIPAL

Company Name

ATTEST _________________________________________________

Address

City, State Zip Code

By ________________________________________ _________________________________________________

Name (Print) Signature

Name (Print) and Title

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

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

(Corporate Seal) THE SURETY

____________________________________________ By_________________________________________________

Secretary Attorney-in-Fact

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

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

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

SBP-6.15

07/2025

STATE OF COLORADO

NOTICE OF AWARD

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

Date of Notice:

Institution or Agency: Colorado School of Mines Project No./Project Name: IH26-110 Jackson 115 Shelled Space Restroom & Break Addition

TO: [Legal name and Address of Contractor]

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

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

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

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

By: ________________________________________ By: ________________________________________

State Buildings Program Date Principal Representative Date

Mike Bowker, Director Colorado School of Mines

SC-6.21

Rev. 07/2026

STATE OF COLORADO

CONTRACTORS

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

AGREEMENT

(STATE FORM SC-6.21)

State Agency Colorado School of Mines

Department I.D.

GLA

Contract I.D. Number Insert CMS number or other contract number

Project Number

IH26-110

Project Name Jackson 115 Shelled Space & Restroom Addition

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

Principal Representatives For the State:

Jason Slowinski Infrastructure & Operations 1500 Illinois Street Golden, CO 80401 Jslowinski@mines.edu

For Contractor:

Name Company Name Address Line 1 Address Line 2 City, State ZIP Email

ATTACHMENT 1: The General Conditions of the Contractor’s Design/Bid/Build (D/B/B) Agreement (SC-6.23)

Rev. 07/2026 TOC

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

(STATE FORM SC-6.21)

TABLE OF CONTENTS… ...................................................................................................... Page Table of Contents for the entire Agreement is located in THE GENERAL CONDITIONS OF THE

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

SIGNATURE PAGE

RECITALS:

1 ARTICLE 1 PERFORMANCE OF THE WORK

2 ARTICLE 2 PROVISIONS OF THE CONTRACT DOCUMENTS

3 ARTICLE 3 TIME OF COMPLETION

4 ARTICLE 4 ESSENTIAL CONDITION

5 ARTICLE 5 CONTRACT SUM

5.1 CONDITION PRECEDENT

6 ARTICLE 6 CONTRACT DOCUMENTS

6.1 CAPITALIZED TERMS

7 ARTICLE 7 OPTIONAL PROVISIONS AND ELECTIONS

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

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

7.3 MODIFICATION 1 OF ARTICLE 27: Labor and Wages

7.4 MODIFICATION 2 OF ARTICLE 27: Labor and Wages

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

7.6 MODIFICATION OF ARTICLE 45: Guarantee Inspections After Completion

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

8 ARTICLE 8 NOTICE IDENTIFICATION

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

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

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

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

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

EXHIBIT F: STATE SALES AND USE TAX FORM ...................... Error! Bookmark not defined.

Rev. 07/2026 1

SIGNATURE PAGE

THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT

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

In accordance with §24-30-202, C.R.S., this Contract is not valid until signed by the State Controller (or an authorized delegate) or the Controller per the Fiscal Rules of the individual Institution of Higher Education

Project Number/Name: IH26-110 / Jackson 115 Shelled Space & Restroom Addition Contract ID No.: Insert CMS Number & Encumbrance Number

CONTRACTOR

INSERT: Legal Name of Contractor

By: Name & Title of Person Signing for Contractor

Date: __________________

STATE OF COLORADO

Jared S. Polis, Governor

Colorado School of Mines Kirsten M. Volpi, Executive Vice President, CEO

By: Jason Slowinski, Associate Vice President, Infrastructure & Operations

Date: __________________

State Buildings Program

By: Name & Title of Person Signing for State Buildings

Date: __________________

STATE CONTROLLER

Robert Jaros, CPA, MBA, JD

By: Michael Dunn, Controller Effective Date: __________________

Rev. 07/2026 2

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

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

(STATE FORM SC-6.21)

Department ID: GLA Contract ID #: Insert Contract ID Project #: IH26-110

1. PARTIES. THIS AGREEMENT is entered into by and between the STATE OF COLORADO, acting by and through the Board of Trustees of the Colorado School of Mines, for and on behalf of the Colorado School of Mines, a public institution of higher education hereinafter referred to as the State or Principal Representative, and Insert Contractor's full Legal Name including "Inc.", "LLC" etc.

having its offices at Street address, City, State and Zip Code hereinafter referred to as the Contractor.

2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Agreement shall not be effective or enforceable until it is approved and signed by the State Controller or its designee (hereinafter called the “Effective Date”) but shall be effective and enforceable thereafter in accordance with its provisions. The State shall not be bound by any provision of this Contract before the Effective Date and shall have no obligation to pay Contractor for any Work performed or expense incurred before the Effective Date.

RECITALS:

WHEREAS, the Principal Representative intends to engage the services of a Contractor for the Insert Project Name as provided by the State Controller's Office hereinafter called the Project;

and

WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated, and otherwise made available, and a sufficient unencumbered balance thereof remains available for payment in Fund Number Insert Fund Number Here, Account Number 7191; and

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

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

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

Rev. 07/2026 3

1 ARTICLE 1 PERFORMANCE OF THE WORK

The Contractor shall perform all of the Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Contract Documents for the above referenced Project.

2 ARTICLE 2 PROVISIONS OF THE CONTRACT DOCUMENTS

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

3 ARTICLE 3 TIME OF COMPLETION

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

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

4 ARTICLE 4 ESSENTIAL CONDITION

Timely completion of the Project is an essential condition of this Agreement. The Contractor shall be subject to any liquidated damages described in Article 7.6 for failure to satisfactorily complete the Work within the time periods in Article 3 above.

5 ARTICLE 5 CONTRACT SUM

The Contractor shall be paid for the performance of this Agreement, subject to any additions and deductions as provided for in Articles 32, 34 and 35 of The General Conditions of the Construction Contract SC-6.23, the sum of INSERT DOLLAR VALUE IN

WORDS DOLLARS AND NO/100 ($ ).

Name of Document Short Description of Work/Date Dollar Amount

Base Bid Amount Base Bid

Alt. #

Alt. #

Total Contract Sum -$

Rev. 07/2026 4

5.1 CONDITION PRECEDENT

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

6 ARTICLE 6 CONTRACT DOCUMENTS

The Contract Documents, as enumerated in Article 1.1 of The General Conditions of the Contractor’s Design/Bid/Build (D/B/B) Agreement (SC-6.23), (the “General Conditions”).

The Contract Documents, including the General Conditions, are all essential parts of this Agreement and are fully incorporated herein.

6.1 CAPITALIZED TERMS

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

7 ARTICLE 7 OPTIONAL PROVISIONS AND ELECTIONS

The provisions of this Article 7 alter or enlarge upon the following Articles (the General Conditions of the Contractor’s Design/Bid/Build Agreement SC-6.23):

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

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

☒ ______ Principal Representative initial

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

If the box below is marked, the Buy Clean Colorado Act, §24-92-117, C.R.S., shall be applicable to the Project. The Contractor is responsible for submitting Environmental Product Declaration (EPD) information for all eligible materials to be used on the project.

☐ ______ Principal Representative initial

7.3 MODIFICATION 1 OF ARTICLE 27: Labor and Wages

Rev. 07/2026 5

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

The minimum wage rates to be paid on the Project shall be furnished by the Principal Representative and included in the Contract Documents.

☐ ______ Principal Representative initial

7.4 MODIFICATION 2 OF ARTICLE 27: Labor and Wages

If the box below is marked, the State prevailing wage statute shall be applicable to the Project. The minimum wage rates to be paid on the Project shall be furnished by the Principal Representative and included in the Contract Documents.

☐ ______ Principal Representative initial

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

If the box below is marked, and initialed by the State as noted, the requirement to participate in facilitated negotiations shall be deleted from this Contract. Article 39, Non- Binding Dispute Resolution – Facilitated Negotiations, shall be deleted in its entirety and all references to the right to the same wherever they appear in the contract shall be similarly deleted.

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

☒ ______ Principal Representative initial

7.6 MODIFICATION OF ARTICLE 45: Guarantee Inspections After Completion

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

☐ ______ Principal Representative initial

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

If an amount is indicated immediately below, liquidated damages shall be applicable to this Project as, and to, the extent shown below. Where an amount is indicated below, liquidated damages shall be assessed in accordance with and pursuant to the terms of The General Conditions of the Design/Bid/Build Agreement Article 46, Time of Completion And Liquidated Damages, in the amounts and as here indicated. The election of liquidated damages shall limit and control the parties’ right to damages as the State’s sole and exclusive remedy for delay.

7.7.1 Inability To Use The Project

For the inability to use the Project, for each day after the number of calendar days specified in the Contractor’s bid for the Project and the Agreement for achievement of Substantial Completion, until the day that the Project has achieved Substantial Completion and the Notice of Substantial Completion is issued, the Contractor agrees that an amount equal NA Dollars ($NA). shall be assessed against Contractor from amounts due and payable to the Contractor under the Contract, or the Contractor and the Contractor’s Surety shall pay to the Principal Representative such sum for any deficiency, Rev. 07/2026 6 if amounts on account thereof are deducted from remaining amounts due, but amounts remaining are insufficient to cover the entire assessment.

7.7.2 Damages Related to Extended Closeout

For damages related to or arising from additional administrative, technical, supervisory and professional expenses related to and arising from the extended closeout period, for each day in excess of the number of calendar days specified in the Contractor’s bid for the Project and the Agreement to finally complete the Project as defined by the issuance of the Notice of Final Acceptance (after the issuance of the final Notice of Substantial Completion), the Contractor agrees that an amount equal to NA Dollars ($NA). shall be assessed against Contractor from amounts due and payable to the Contractor under the Contract, or the Contractor and the Contractor’s Surety shall pay to the Principal Representative such sum for any deficiency, if amounts on account thereof are deducted from remaining amounts due but amounts remaining are insufficient to cover the entire assessment.

8 ARTICLE 8 NOTICE IDENTIFICATION

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

NOTICE TO PRINCIPAL REPRESENTATIVE:

Jason Slowinski 1500 Illinois Street Golden, CO 80401 jslowinski@mines.edu

With copies to State Buildings Program (or Delegate)

Mike Bowker 1801 Moly Road Golden, CO 80401 jbowker@mines.edu

NOTICE TO CONTRACTOR:

Insert Name of Individual acting on the contractor behalf Insert Street Address City, State Zip Code Insert email address

Rev. 07/2026 Ex A

STATE OF COLORADO

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

EXHIBIT A: CONTRACTORS BID

CONTRACTOR’S BID (Form SBP-6.13)

Workers’ Compensation Certification (SBP-4.1)

Bid Bond (Form SBP-6.14)

Labor Burden Calculation (Form SBP-6.18)

Rev. 07/2026 Ex B

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

EXHIBIT B: PERFORMANCE BOND

PERFORMANCE BOND (Form SC-6.22)

Rev. 07/2026 Ex C

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

EXHIBIT C: LABOR AND MATERIAL PAYMENT BOND

LABOR AND MATERIAL PAYMENT BOND (Form SC-6.221)

Rev. 07/2026 Ex D

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

EXHIBIT D: INSURANCE CERTIFICATE(S)

INSURANCE CERTIFICATE(S) (attached)

Rev. 07/2026 Ex E

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

EXHIBIT E: BUILDING CODE COMPLIANCE POLICY

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

REVIEWS, BUILDING INSPECTIONS AND STATE DEVELOPMENT REQUIREMENTS

Refer to the Office of the State Architect’s Building Codes Webpage for the Building Code Compliance Policy (Rev. July 2025)

Exhibit A: Approved Building Codes of the Code Compliance Policy dated July 2025 including the Amendments to the International Building Code and Code Compliance Plan Review Procedures (Rev. July 2025);

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

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

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

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

Rev. 07/2026

SC-6.23

Rev 07/2025

STATE OF COLORADO

THE GENERAL CONDITIONS OF THE

CONTRACTOR’S DESIGN/BID/BUILD (D/B/B)

AGREEMENT

(STATE FORM SC-6.23)

Rev 07/2025 1

STATE BUILDINGS PROGRAM

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

(STATE FORM SC-6.23)

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

1 ARTICLE 1 DEFINITIONS

1.1 CONTRACT DOCUMENTS

1.2 DEFINITIONS OF WORDS AND TERMS USED

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

COOPERATION

2.1 EXECUTION

2.2 CORRELATION

2.3 INTENT OF DOCUMENTS

2.4 PARTNERING, COMMUNICATIONS AND COOPERATION

3 ARTICLE 3 COPIES FURNISHED

4 ARTICLE 4 OWNERSHIP OF DRAWINGS

5 ARTICLE 5 ARCHITECT/ENGINEER’S STATUS

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

INSPECTION

6.1 DECISIONS

6.2 JUDGMENTS

6.3 ACCESS TO WORK

6.4 INSPECTION

7 ARTICLE 7 CONTRACTOR’S SUPERINTENDENCE AND SUPERVISION

8 ARTICLE 8 MATERIALS AND EMPLOYEES

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

9.1 SURVEYS

9.2 PERMITS AND LICENSES

9.3 TAXES

9.4 LAWS AND REGULATIONS

10 ARTICLE 10 PROTECTION OF WORK AND PROPERTY

Rev 02/2025 TOC

10.1 GENERAL PROVISIONS

10.2 SAFETY PRECAUTIONS

10.3 EMERGENCIES

11 ARTICLE 11 DRAWINGS AND SPECIFICATIONS ON THE WORK

12 ARTICLE 12 REQUESTS FOR INFORMATION AND SCHEDULES

12.1 REQUESTS FOR INFORMATION

12.2 SCHEDULES

13 ARTICLE 13 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

13.1 SUBMITTAL PROCESS

13.2 FABRICATION AND ORDERING

13.3 DEVIATIONS FROM DRAWINGS OR SPECIFICATIONS

13.4 CONTRACTOR REPRESENTATIONS

14 ARTICLE 14 SAMPLES AND TESTING

14.1 SAMPLES

14.2 TESTING - GENERAL

14.3 TESTING - CONCRETE AND SOILS

14.4 TESTING - OTHER

15 ARTICLE 15 SUBCONTRACTS

15.1 CONTRACT PERFORMANCE OUTSIDE OF THE UNITED STATES OR COLORADO

15.2 SUBCONTRACTOR LIST

15.3 SUBCONTRACTOR SUBSTITUTIONS

15.4 CONTRACTOR RESPONSIBLE FOR SUBCONTRACTORS

15.5 SUBCONTRACTOR RESPONSIBILITY TO OTHERS

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

16 ARTICLE 16 RELATIONS OF CONTRACTOR AND SUBCONTRACTOR

17 ARTICLE 17 MUTUAL RESPONSIBILITY OF CONTRACTORS

18 ARTICLE 18 SEPARATE CONTRACTS

19 ARTICLE 19 USE OF PREMISES

20 ARTICLE 20 CUTTING, FITTING OR PATCHING

21 ARTICLE 21 UTILITIES

21.1 TEMPORARY UTILITIES

21.2 PROTECTION OF EXISTING UTILITIES

21.3 CROSSING OF UTILITIES

22 ARTICLE 22 UNSUITABLE CONDITIONS

23 ARTICLE 23 TEMPORARY FACILITIES

23.1 OFFICE FACILITIES

23.2 TEMPORARY HEAT

23.3 WEATHER PROTECTION

23.4 DUST PARTITIONS

23.5 BENCH MARKS

23.6 SIGN

23.7 SANITARY PROVISION

24 ARTICLE 24 CLEANING UP

25 ARTICLE 25 INSURANCE

25.1 GENERAL

25.2 COMMERCIAL GENERAL LIABILITY INSURANCE (CGL)

25.3 AUTOMOBILE LIABILITY INSURANCE

25.4 WORKERS' COMPENSATION INSURANCE

25.5 UMBRELLA LIABILITY INSURANCE

25.6 BUILDER’S RISK INSURANCE

25.7 POLLUTION LIABILITY INSURANCE

25.8 ADDITIONAL MISCELLANEOUS INSURANCE PROVISIONS

26 ARTICLE 26 CONTRACTOR’S PERFORMANCE AND PAYMENT BONDS

27 ARTICLE 27 LABOR AND WAGES

27.1 COLORADO LABOR

27.2 PREVAILING WAGE RATES

28 ARTICLE 28 ROYALTIES AND PATENTS

29 ARTICLE 29 ASSIGNMENT

30 ARTICLE 30 CORRECTION OF WORK BEFORE ACCEPTANCE

31 ARTICLE 31 APPLICATIONS FOR PAYMENTS

31.1 CONTRACTOR’S SUBMITTALS

31.2 ARCHITECT/ENGINEER CERTIFICATION

31.3 RETAINAGE WITHHELD

31.4 RELEASE OF RETAINAGE

31.5 CONTRACTOR’S RESPONSIBILITY TO PAY SUBCONTRACTORS

32 ARTICLE 32 CERTIFICATES FOR PAYMENTS

33 ARTICLE 33 PAYMENTS WITHHELD

34 ARTICLE 34 DEDUCTIONS FOR UNCORRECTED WORK

35 ARTICLE 35 CHANGES IN THE WORK

35.1 THE VALUE OF CHANGED WORK

35.2 DETAILED BREAKDOWN

35.3 HAZARDOUS MATERIALS

35.4 EMERGENCY FIELD CHANGE ORDERED WORK

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

36 ARTICLE 36 CLAIMS

37 ARTICLE 37 DIFFERING SITE CONDITIONS

37.1 NOTICE IN WRITING

37.2 LIMITATIONS

38 ARTICLE 38 DELAYS AND EXTENSIONS OF TIME

39 ARTICLE 39 NON-BINDING DISPUTE RESOLUTION – FACILITATED NEGOTIATIONS

40 ARTICLE 40 RIGHT OF OCCUPANCY

41 ARTICLE 41 COMPLETION, FINAL INSPECTION, ACCEPTANCE AND SETTLEMENT

41.1 NOTICE OF COMPLETION

41.2 FINAL INSPECTION

41.3 NOTICE OF SUBSTANTIAL COMPLETION

41.4 NOTICE OF ACCEPTANCE

41.5 SETTLEMENT

42 ARTICLE 42 GENERAL WARRANTY AND CORRECTION OF WORK AFTER ACCEPTANCE

43 ARTICLE 43 LIENS

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

44.1 ONE-YEAR GUARANTEE OF THE WORK

44.2 SPECIAL GUARANTEES AND WARRANTIES

45 ARTICLE 45 GUARANTEE INSPECTIONS AFTER COMPLETION

46 ARTICLE 46 TIME OF COMPLETION AND LIQUIDATED DAMAGES

47 ARTICLE 47 DAMAGES

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

DELAY DAMAGES

48.1 STATE’S RIGHT TO DO THE WORK

48.2 TEMPORARY SUSPENSION OF WORK

48.3 DELAY DAMAGES

49 ARTICLE 49 STATE’S RIGHTS TO TERMINATE CONTRACT

49.1 GENERAL

49.2 CONDITIONS AND PROCEDURES

49.3 ADDITIONAL CONDITIONS

50 ARTICLE 50 TERMINATION FOR CONVENIENCE OF STATE

50.1 NOTICE OF TERMINATION

50.2 PROCEDURES

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

52 ARTICLE 52 COLORADO SPECIAL PROVISIONS

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

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

52.3 GOVERNMENTAL IMMUNITY

52.4 INDEPENDENT CONTRACTOR

52.5 COMPLIANCE WITH LAW

52.6 CHOICE OF LAW, JURISDICTION, AND VENUE

52.7 PROHIBITED TERMS

52.8 SOFTWARE PIRACY PROHIBITION. SOFTWARE PIRACY PROHIBITION

52.9 EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST

52.10 VENDOR OFFSET AND ERRONEOUS PAYMENTS

53 ARTICLE 53 MISCELLANEOUS PROVISIONS

53.1 PROFESSIONAL ASSOCIATION PERMITTED

53.2 DISSOLUTION OF PROFESSIONAL ASSOCIATION

53.3 PUBLIC ART LAW

53.4 ASSIGNMENT

53.5 SUBCONTRACTS

53.6 BINDING EFFECT

53.7 AUTHORITY

53.8 CAPTIONS AND REFERENCES

53.9 COUNTERPARTS

53.10 ENTIRE UNDERSTANDING

53.11 DIGITAL SIGNATURES

53.12 MODIFICATION

53.13 STATUTES, REGULATIONS, FISCAL RULES AND OTHER AUTHORITY

53.14 EXTERNAL TERMS AND CONDITIONS

53.15 SEVERABILITY

53.16 SURVIVIAL AND CERTAIN CONTRACT TERMS

53.17 TAXES

53.18 THIRD PARTY BENEFICIARIES

53.19 WAIVER

53.20 CORA DISCLOSURE

53.21 STANDARD AND MANNER OF PERFORMANCE

53.22 LICENSES, PERMITS, AND OTHER AUTHORIZATIONS

53.23 INDEMNIFICATION

53.24 ACCESSIBILITY

54 ARTICLE 54 CONFIDENTIAL INFORMATION-STATE RECORDS

54.1 CONFIDENTIALITY

54.2 OTHER ENTITY ACCESS AND NONDISCLOSURE AGREEMENTS

54.3 USE, SECURITY, AND RETENTION

54.4 INCIDENT NOTICE AND REMEDIATION

54.5 DATA PROTECTION AND HANDLING

54.6 SAFEGUARDING PERSONAL IDENTIFIABLE INFORMATION (PII)

Rev 07/2025 1

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

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

(STATE FORM SC-6.23)

1 ARTICLE 1 DEFINITIONS

1.1 CONTRACT DOCUMENTS

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

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

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

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

d) and if applicable, Supplementary General Conditions;

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

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

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

h) Authorization to Bid (SBP-6.10)

i) Information for Bidders (SBP-6.12);

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

k) Bid Bond (SBP-6.14);

l) Labor Burden Calculation (SBP-6.18)

m) Notice of Award (SBP-6.15);

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

o) Liability and Workers’ compensation certificates of insurance;

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

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

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

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

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

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

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

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

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

y) Other Procedural and Reporting Documents or Forms

Rev 07/2025 2

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

1.2 DEFINITIONS OF WORDS AND TERMS USED

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

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

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

Change Order The term “Change Order” means a written order directing the Contractor to make changes in the Work, in accordance with Article 35L, The Value of Changed Work.

Colorado Labor The term “Colorado labor”, as provided in C.R.S. § 8-17-101(2)(a), as amended, means any person who is a resident of the state of Colorado, at the time of the public Works project, without discrimination as to race, color, creed, sex, sexual orientation, marital status, national origin, ancestry, age, or religion except when sex or age is a bona fide occupational qualification. A resident of the state of Colorado is a person who can provide a valid Colorado driver’s license, a valid Colorado state-issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days.

Contractor The word “Contractor” shall mean the person, company, firm, corporation or other legal entity entering into a contract with the State of Colorado acting by and through the Principal Representative

CORA

Rev 07/2025 3

The term “CORA” refers to the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.

Days The term “days” whether singular or plural shall mean calendar days unless expressly stated otherwise. Where the term “business days” is used it shall mean business days of the State of Colorado.

Drawings The term “Drawings” shall mean all drawings approved by appropriate State officials which have been prepared by the Architect/Engineer showing the Work to be done, except that where a list of drawings is specifically enumerated in the Supplementary General Conditions or division 1 of the Specifications, the term shall mean the drawings so enumerated, including all addenda drawings.

Emergency Field Change Order The term “Emergency Field Change Order” shall mean a written change order for extra Work or a change in the Work necessitated by an emergency as defined in Article 35.4 executed on State form SC 6.31 and identified as an Emergency Field Change Order. The use of such orders is limited to emergencies and to the amounts shown in Article 35.4.

Final Acceptance The terms “final acceptance” or “finally complete” mean the stage in the progress of the Work, after substantial completion, when all remaining items of Work have been completed, all requirements of the Contract Documents are satisfied and the Notice of Acceptance can be issued. Discrete physical portions of the Project may be separately and partially deemed finally complete at the discretion of the Principal Representative when that portion of the Project reaches such stage of completion and a partial Notice of Acceptance can be issued.

Fixed Limit of Construction Cost The term “Fixed Limit of Construction Cost” shall set forth a dollar amount available for the total Construction Cost of all elements of the Work as specified by the Principal Representative.

Incident The term ‘incident’ means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or information resources of the State, which are included as part of the Work, as described in §§24-37.5-401, et seq., C.R.S. Incidents include, without limitation, (i) successful attempts to gain unauthorized access to a State system or State Records regardless of where such information is located; (ii) unwanted disruption or denial of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes to State system hardware, firmware, or software characteristics without the State’s knowledge, instruction, or consent.

Notice The term “Notice” shall mean any communication in writing from either contracting party to the other by such means of delivery that receipt cannot properly be denied. Notice

Rev 07/2025 4 shall be provided to the person identified to receive it in Article 8 of the Agreement.

Notice Identification, or to such other person as either party identifies in writing to receive Notice Notwithstanding an email delivery or return receipt, email Notice shall not be adequate. Acknowledgment of receipt of a voice message shall not be deemed to waive the requirement that Notice, where required, shall be in writing.

Occupancy The term “Occupancy” means occupancy taken by the State as Owner after the Date of Substantial Completion at a time when a building or other discrete physical portion of the Project is used for the purpose intended.