Aurora Public Schools. Modular Placement at Crawford Elementary & CDC Laredo. Project Manual

Transcription

1 Aurora Public Schools Modular Placement at Crawford Elementary & CDC Laredo Project Manual Bid Number April 30, 2013

2 Table of Contents Section Document Title Invitation to Bid Instructions to Bidders Insurance Requirements Bid Proposal and Bonding Forms Proposal Form Form of Contractor s Bid Bond Form of Bond for Performance and Labor and Payment Certification Debarment & Lobbying Construction Agreement General Conditions of the Contract for Construction Aurora Building Department Fee Schedule for APS Projects Stormwater Management Plan for APS Hazardous Materials Notifications and Forms Hazardous Materials Standard Operating Procedures

3 SECTION INVITATION TO BID Joint District No. 28J of the Counties of Adams and Arapahoe 1085 Peoria Street Aurora, Co Project: Modular Building Placement at Crawford Elementary School & Child Development Center Project Bid Number: You are invited to bid on a General Contract including work as described in the construction documents prepared by APS Architect, ESC, Civil Engineers, Neujahr Gorman Structural Engineers and JCAA Engineering Inc, Electrical Engineers dated April 30, Sealed bids will be received by Joint District No. 28J of the Counties of Adams and Arapahoe (the "School District") at the Purchasing Office at 80 Airport Boulevard, Aurora, Colorado until 2:00pm on May 14, 2013 for the project referenced above. The project is more particularly described in the Project Documents. Bids which are received by the Closing Time in sealed, opaque envelopes bearing the project number above, the project name and address will be opened; all others will be returned unopened. Immediately after the Closing Time, all bids will be opened and read aloud to all interested parties who are present at such time; however, to be read and considered by the Owner bids must be (1) submitted on a manually executed Form of Proposal included with the Project Documents, (2) accompanied by Bid Security, as described below, and (3) in conformance with the instructions to Bidders, which are included in the Project Documents and attached hereto and incorporated herein by this reference. Each bid must be accompanied by a Bid Security in an amount of not less than five percent (5%) of the total bid price as shown on the Form of Proposal submitted, which security shall be in the form of a cashier's or certified check payable to the order of the owner or a bid bond, with surety, in the form contained in the Project Documents. The bid Security will be forfeited or payable, as the case may be, to the Owner (as liquidated damages for such failure, not as a penalty), should a bidder to whom the Contract is awarded fail to execute the Construction Agreement and furnish the required Performance and Payment Bond within ten (10) days after receipt of notice of acceptance of his bid. The pre-qualified bidders for the project are as follows: A & B Builders Inc. M.A. Meyer Construction, Inc. Himmelman Construction Wilderness Construction A pre-bid conference has been scheduled for April 30, 2013 at 3:15 PM at Crawford Elementary School, 1600 Florence Street, Aurora, CO Attendance is mandatory. Project Documents will be distributed to the pre-qualified contractors at the pre-bid conference. One hard copy and a CD of the Project Documents (Drawings and Project Manual) will be furnished without a deposit requirement to pre-qualified bidders. Project Document returns by unsuccessful bidders will be appreciated. The Owner does not obligate itself to accept the lowest or any other bid, and reserves sole discretion to reject any or all bids, re-advertise for bids and to waive formalities or irregularities in the bidding process or any bid. When considering bids and determining whether the Contract will be awarded and, if so, to which bidder, the Owner may consider the bid price and such other factors relating to each bid as the

4 Owner, in its sole discretion, deems to be appropriate, including but not limited to, the reliability, responsibility and experience of the bidder. Each general contractor shall submit along with its bid, a certificate of insurance verifying coverage as listed in Section Proposal and Bonding Forms. For further information, consult the Instructions to Contractors bound in the Project Manual and the other Project Documents, dated at Aurora, Colorado, on this month of March, Two Thousand Twelve. JOINT DISTRICT NO. 28J OF THE COUNTIES OF ADAMS AND ARAPAHOE END OF SECTION 00020

5 SECTION INSTRUCTIONS TO BIDDERS Part 1: GENERAL General and architectural construction requirements for the connection of utilities and site work related to the placement of a two modular buildings shall include the scope of work as shown on the drawings and as defined in this Project Manual. The construction documents have been submitted to the City of Aurora Building Department. Successful GC will be responsible for securing and paying for building permits required for this work. The modular building and installation is being contracted separately but will require permitting thru this contract. Successful contractor will meet with modular company to coordinate installation dates. Pricing is to be submitted per site but award will be made based on total of both sites. Part 2: LOCATION The modular office buildings will be located at Crawford Elementary School and the Child Development Center on Laredo Street. Crawford Elementary School is located at 1600 Florence Street and the CDC is located at 1420 Laredo Street in Aurora, Colorado. Part 3: SCHEDULE Phase 1: Foundations - Completion Date: June 7, Install temporary fencing at construction area at each site. 2. Install foundations at each site as required. Phase 2: Mobile Installation Completion Date to be confirmed with Owner s separate contractor. Modulars are located at PacVan, Inc. in Henderson, Colorado. 1. Legally moving the mobile unit along with accessories to the site by separate contractor. GC will provide access to mobile foundations and be responsible for erosion control measures. GC s Building permit will include this scope of work. Phase 3: Hook-ups Completion Date: July 19, Prepare site to accept mobile supported and tied down per structural drawings. 2. Modular contractor responsible for installing a 6-mil polyethylene Vapor Barrier under mobile 3. Provide new services per the mechanical & electrical drawings. All new and extended systems will be fully tested prior to final-out of project. 4. A COA issued CO is required for each relocated mobile prior to acceptance by APS. Phase 4: Landscaping and site improvements Completion date: August 2, Landscaping and miscellaneous site improvements not required as part of the CO should be completed three weeks after modular building is set but no later than August 2, COMPLETION REQUIREMENTS Work under this contract shall be started on May 23, 2013 and be completed with CO s by July 19, July 20, 2013 represents the day that liquidated damages begin. Liquidated Damages are set at $1000/ day. Landscaping is not included in liquidated damages.

6 Owner caused delays as detailed in General Conditions paragraph will be set at $200/day. Part 4: DRAWING INDEX Kids Clinic Crawford Title Sheet and Area Locator T1 Utility Plan C1 Horizontal Control Plan C2 Floor Plan A1 Partial Site Plan A2 Foundation Plan & Details S1 Plumbing Site Plan P1.0 Plumbing Floor Plan P1.1 Cover Sheet E0.1 Electrical Plan E1.0 One Line Diagram & Schedule E2.0 Kids Clinic Laredo Title Sheet and Area Locator T1 Cover Sheet C1 Grading Plan C2 Stormwater Management Plan C3 Utility Service Plan C4 Horizontal Control Plan C5 Floor Plan A1 Partial Site Plan A2 Foundation Plan & Details S1 Plumbing Site Plan P1.0 Plumbing Floor Plan P1.1 Cover Sheet E0.1 Electrical Plan E1.0 One Line Diagram & Schedule E2.0 Part 5: ALTERNATES Provide pricing for new casework and sinks as shown on drawing A1 as an additive alternate. Modular building supplier has offered to provide a price for that work but contractor is not required to use that vendor. Contact information for modular building supplier is Brian Weber, PacVan, Inc., Part 6: QUESTIONS DURING BID PERIOD Please direct all questions regarding the bid in writing to Amy Spatz (alspatz@aps.k12.co.us), by 12:00 pm on Friday, May 10, END SECTION 00100

7 SECTION INSURANCE REQUIREMENTS PART 1 GENERAL 1.1 DESCRIPTION This section is bound into the Project Manual as a supplement to information contained the Bidding Requirements. This section is part of the Contract Documents. A. COMMERCIAL GENERAL LIABILITY (MUST INCLUDE PREMISES AND OPERATIONS, PRODUCTS AND COMPLETED OPERATIONS, CONTRACTUAL LIABILITY, PERSONAL AND ADVERTISING INJURY LIABILITY, BOARD FORM PROPERTY DAMAGE AND MUST NOT EXCLUDE THE EXPLOSION, COLLAPSE AND UNDERGROUND HAZARDS) Each Occurrence Limit $1,000,000 General Aggregate Limit $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal and Advertising Injury Limit $1,000,000 Fire Damage Limit $ 50,000 Medical Expense Limit $ 5,000 B. AUTOMOBILE LIABILITY (MUST INCLUDE OWNED, NON-OWNED AND HIRED AUTOS) Combined Single Limit $ 500,000 C. EXCESS LIABILITY Each Occurrence and Annual Aggregate $ -0- D. WORKERS COMPENSATION/EMPLOYERS LIABILITY Per Occurrence Limit $ 100,000 Disease Policy Limit $ 500,000 Disease, Each Employee $ 100,000 NOTE: A Certificate of Insurance verifying coverage must be submitted with the bid/proposal. Upon award of the contract, an additional Certificate must be provided naming Aurora Public Schools as an Additional Insured as respects that particular project. NOTE FOR ASBESTOS ABATEMENT CONTRACTS: A Certificate of Insurance verifying coverage must be provided and must name Aurora Public Schools as an Additional Insured. Liability coverage s must specifically include asbestos abatement operations at limits of $1,000,000. The Bidders shall submit a sample policy of the commercial general liability and asbestos abatement liability coverage s with the bid. PART 2 PRODUCTS Not Applicable PART 3 EXECUTION Not Applicable END OF SECTION 00200

8 SECTION PROPOSAL AND BONDING FORMS PART 1 GENERAL 1.01 DESCRIPTION A. Each Contractor shall submit his bid on the forms provided. B. Required bid bonds and bonds for performance and labor and material payment shall be submitted on standard owner provided bond forms. Forms bound herein are for reference only. Loose forms will be available from the Architect. PART 2 PRODUCTS Not Applicable PART 3 EXECUTION Not Applicable END OF SECTION 00300

9 PROPOSAL FORM TO: JOINT DISTRICT NO.281 OF THE COUNTIES OF ADAMS AND ARAPAHOE 1085 PEORIA STREET AURORA, COLORADO FROM: Contractor Address City/State The Undersigned Contractor, having examined the Project Manual, Drawings and Contract Documents as designed and enumerated in the General and Supplementary Conditions and any and all addenda thereto; having investigated the locations of any conditions affecting the proposed work: and being acquainted with the fully understanding the extent and character of the work covered by this Proposal, and all factors and conditions affecting or which may be affected by the work: HEREBY PROPOSES, to furnish all required materials, tools, appliances, equipment and plans; to perform all necessary labor and to undertake and complete this project in full accordance with and conformity to the plans, specifications and contract documents hereto attached or by reference made a part hereof, for the following lump sum of: Crawford Elementary Child Development Center $ $ GRAND TOTAL $ Alternate #1 Crawford Elementary $ Alternate #1 Child Development Center $ HEREBY AGREES to complete the Project within ( ) calendar months from the date of the Notice to Proceed. The Undersigned Bidder, hereby agrees to be ready and to appear at the office of the Owner to execute the formal Contract in conformity with this bid and also to have ready and furnish the required bonds in the sum of the full amount of this Proposal, executed by a Surety Company acceptable to the Owner, at any time within ten (10) days from the date of a written notice from the Owner to do so, mailed to the address hereinafter given. The, a corporation of the State of is hereby offered as Surety on said bond. If such Surety is not approved by the Owner, another satisfactory surety company shall be furnished.

10 Enclosed herewith a proposal guarantee, as defined in the attached Instructions to Bidders, in the amount of which proposal guarantee of the Undersigned Bidder is to be paid to and become the property of,as liquidated damages, should the proposal be accepted and the contract awarded him and he fail to enter into contract to the form prescribed and to furnish the required bond within ten (10) days as stipulated. The following person, firms or corporations are interested with the Undersigned Bidder in this Proposal: Name Address Name Address If there are not such persons, firms or corporations, please so state in the following space: The Undersigned Bidder proposes to subcontract the following work in accordance with the Instructions to Bidders: Item of Work Proposed Subcontractor The Undersigned Bidder does hereby certify that the above listed subcontractors have full knowledge that their names have been offered as subcontractors for the work, and the Bidder further certifies that these subcontractors have consented to listing their names herein. The Undersigned Bidder acknowledges the right of the Owner to reject any or all bids submitted and to waive informalities therein. The Undersigned Bidder acknowledges receipt of the following addenda: The Undersigned Bidder certifies that it and each of its subcontractors possess and adequate supply of workers qualified to perform the work specified herein; that there is no existing or impending dispute between it and any labor organization; and that it is prepared to comply fully with local material and labor maximum hours of work, and equal opportunity provisions contained in the General Conditions and Supplementary conditions of the contract.

11 The Undersigned Bidder agrees to honor the bid amounted listed above for sixty (60) days following the bid opening. This Proposal is submitted upon the declaration that neither, I, (we), nor to the best of my (our) knowledge, none of the members of my (our) firm or company have either directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with this proposal. It is agreed that the undersigned has complied and will comply with all requirements of local, state, and national laws, and that no legal requirements have been or will be violated in making or accepting this proposal, or in the prosecution of the work required Dated at this day of, 20. Signature of Bidder: If an Individual:, doing business as. If a Partnership: By: If a Corporation: a By ATTEST:, General Partner., Corporation,, President. Corporate Seal Secretary Business Address of Bidder: City, State, Zip Code: Telephone Number of Bidder: Joint District No. 28J of the Counties of Adams and Arapahoe, 80 Airport Boulevard, Aurora, Colorado 80011

12 FORM OF CONTRACTOR S BID BOND Project No. Date: KNOW ALL THESE MEN BY THESE PRESENTS: That as principal, (Insert Full Name of Contractor) and and (Insert Full Name and Address of Surety) (Insert Full Name and Address of Surety) as surety, are held firmly bound unto Joint District No. 28J of the Counties of Adams and Arapahoe, in the full sum of Dollars($ )*, lawful money of the United States for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this day of, 20. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, the above named principal has submitted a bid pursuant to an Invitation to Bid, dated, 20, involving in accordance with instruction in notice to contractors, prepared by Joint District No. 28J of the Counties of Adams and Arapahoe, and are desirous of accompanying said bid bond in the penalty sum of five percent (5%) of said bid, in lieu of certified check. NOW, THEREFORE, if the said principal, upon receipt of written notice of the acceptance of such a bid, shall within ten (10) days enter into a written contract with Joint District No. 28J of the Counties of Adams and Arapahoe for the completion of such contract in accordance with the terms and conditions of *Insert amount equal to five percent (5%) of total bid. said bid, and will give bond with good and sufficient sureties for the faithful and proper fulfillment of such contract, then this obligation shall be null and void; otherwise to remain in full force and effect. CONTRACTOR BY Title SURETY BY Title Joint District No. 28J of the Counties of Adams and Arapahoe, 1085 Peoria Street, Aurora, CO 80011

13 Adams-Arapahoe School District 28-J PERFORMANCE BOND LABOR AND MATERIAL PAYMENT BOND 1. FORMS TO BE USED Two (2) separate bonds are required: Both the Performance Bond and the Labor and Material Payment Bond shall be written on Adams- Arapahoe School District 28-J "Performance Bond" and "Labor and Material Payment Bond" forms, included in this Project Manual. Dates of bonds shall coincide with the date of the Construction Agreement between the Owner and the Contractor. No substitute agreements will be used. END OF DOCUMENT

14 Adams-Arapahoe School District 28-J PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS that as Principal (the "Principal"), and, a corporation organized and existing under the laws of the State of, and authorized to transact business in the State of Colorado, as Surety (the "Surety"), jointly and severally, bind themselves, their heirs, personal representatives, successors, and assigns to the Adams-Arapahoe School District 28-J, East 1 st Avenue, Suite 206, Aurora, Colorado 80011, as Oblige (the "Owner"), in the principal amount of Dollars ($ ) as adjusted by approved change orders (not to exceed 10 percent of the principal amount of this Bond unless expressly approved by the Surety, which approval shall not be unreasonably withheld) and interest as provided by law (collectively referred to herein as the "Penal Sum"), for the performance of the Construction Agreement between the Principal and the Owner, dated, 201_, for the following (Project):, together with the obligations of the Contract Documents, as defined in the Construction Agreement, all of which documents are collectively referred to herein as the "Contract" and are incorporated by this reference. The condition of this obligation is such that, if the Principal shall at all times duly, promptly, and properly perform all the terms and conditions of the Contract and any authorized modifications thereof during the original term of the Contract, any extensions thereof that may be granted by the Owner, and during the term of any guarantee or warranty required under the Contract, the Principal and Surety shall have no obligation under this Bond, otherwise it shall remain in full force and effect. The Surety, for value received, agrees that no extension of time, change in, addition to, or other alteration or modification of the terms of the Contract or work to be performed there under, or any other forbearance on the part of either the Owner or the Principal to the other shall in any way release or affect the Surety's liability or obligation on this Bond, and the Surety hereby waives notice of any such extension of time, change, addition, modification, alternation, or forbearance. Whenever the Owner terminates the Contract in accordance with the terms thereof, the Surety shall, within fifteen (15) calendar days after written notice of such termination, notify the Owner in writing of its election to complete the Contract in accordance with its terms, or notify the Owner that the Surety elects not to complete the Contract. If the Surety fails to give the written notice so required within such fifteen (15) calendar day period, then it will be deemed to have elected not to complete the Contract. Should the Surety elect to complete the Contract, then it shall, within fifteen (15) additional calendar days following written notice of such election, obtain a contractor, subject to approval by the Owner in writing, to complete the original Contract in accordance with its terms and conditions and thereafter proceed with the work with due diligence and make available as the work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The Surety may not engage the Principal to complete the Contract, without the prior written consent of the Owner, which consent may be withheld in the Owner's sole discretion. If the Surety elects to complete the Contract, then it shall be entitled to receive the balance of the Contract price, less (i) any amounts paid by the Owner to the Principal; (ii) costs incurred by the Owner in correcting any defective work; (iii) any additional legal, design professional, and other costs incurred by the Owner resulting from the Principal's default; and (iv) liquidated damages caused by delayed performance or nonperformance of the Principal. Any progress payments, less

15 retainage, due but not paid at the date of termination shall be paid to the Surety so long as the Surety has agreed to indemnify the Owner for the amount thereof and no other claims have been made to such funds by subcontractors or suppliers in accordance with the Contract or applicable law. In the event the Surety elects not to complete the Contract, the Owner may then have the work completed by such means and in such manner, by contract with or without public bidding, or otherwise, as it may deem advisable. The Surety in such event shall at all times make available, as work progresses under the Contract between the Owner and its new contractor, sufficient funds, not to exceed the Penal Sum, to pay the cost of the completion of the Contract pursuant to its terms, together with the other amounts set forth in (i) through (iv) above, but in no event shall the Surety be responsible for the payment of any sums to the Owner until the Owner has paid in full its total obligation under the terms of the original Contract, plus change orders, less deductions and claims chargeable by law or by the Contract, if any, and less the retainage which will be disbursed as provided by the Contract Documents and applicable law. The procedures set forth herein shall apply should there be a default and termination or a succession of defaults and terminations in fulfilling the terms and conditions of the work under the original Contract. In the event there are negotiations between the Principal and/or the Surety and the Owner subsequent to the date of termination, each party shall appoint an authorized representative with authority to represent it during the negotiations. All written communications and official discussions between the parties shall be conducted by these authorized representatives. Any notice which any party desires or is required to provide another shall be in writing and shall be effective upon receipt when delivered or transmitted by personal delivery, certified (return receipt) mail, or express mail service to the addresses set forth herein. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work is located and shall be instituted before the expiration of three (3) years from the date on which final payment under the Contract is made; provided, however, that this period may be extended by one (1) additional year by the Owner giving written notice to the Surety within the three (3) year period of a potential claim. Any judgment recovered hereunder by the Owner shall include interest at the legal rate, together with reasonable attorney's fees and costs. No right of action shall accrue under this Bond to or for the use of any person or entity other than the Owner or its successors and assigns. IN WITNESS WHEREOF, the Principal and Surety have signed this Performance Bond as of the day of, 201_. ATTEST: (Principal) (SEAL) By: Address:

16 ATTEST: (SEAL) By: (Surety) Address: Telephone No: Fax No: Best's Rating: Best's Financial Rating: Date: This Bond will be acceptable only if issued by an insurer rated no less than A-, Best's Insurance Guide, and have a Best's Financial Rating of at least class X. The fully executed bond form must be accompanied by a current Power of Attorney. END OF PERFORMANCE BOND , v. 1

17 Adams-Arapahoe School District 28-J LABOR AND MATERIAL PAYMENT BOND Bond No. (This Bond is issued simultaneously with a Performance Bond in favor of the Owner conditioned on the full and timely performance of the Contract.) KNOW ALL MEN BY THESE PRESENTS that, as Principal (the "Principal"), and, a corporation organized and existing under the laws of the State of, and authorized to transact business in the State of Colorado, as Surety (the "Surety"), jointly and severally, bind themselves, their successors, and assigns to the Adams- Arapahoe School District 28-J,15701 East 1 st Avenue, Suite 206, Aurora, Colorado 80011, as Obligee (the "Owner"), in the principal amount of Dollar s ($ ) as adjusted by approved change orders (not to exceed 10 percent of the principal amount of this Bond unless expressly approved by the Surety, which approval shall not be unreasonably withheld) and interest as provided by law, for the payment of all amounts which become due under the Contract described below. The Principal and the Owner have entered into a written Construction Agreement dated, 201_, together with related "Contract Documents" as defined therein (all of which are collectively referred to as the "Contract" and incorporated herein by this reference), for the following Project:. The condition of this obligation is such that, if the Principal shall at all times promptly make payment of all amounts, claims, or demands lawfully due to all persons, firms, associations, or corporations supplying or furnishing to the Principal or its subcontractors labor or materials, supplies, or equipment which are used, provided, or performed in the prosecution of the work provided for in the Contract and any and all duly authorized modifications of the Contract that may hereafter be made, then this obligation shall be null and void; otherwise, the Surety shall pay the full value of all such claims or demands and shall indemnify and hold the Owner harmless from all payments which the Owner may be required to make under the Contract or applicable law in excess of the Contract price not exceeding the amount of this obligation, together with interest as provided by law, as well as attorneys' fees and costs incurred by the Owner in the resolution of any claim. All such subcontractors, laborers, and materialmen shall have rights under the within Bond as are set forth in the statutes and laws of the State of Colorado. Further, each and every claimant who institutes a lawsuit for compensation or payment under the terms hereof shall be entitled to reasonable attorneys' fees and costs, as part of any court award, The undersigned Surety, for value received, hereby agrees that no extension of time, change in, addition to, or other modification of the terms of the Contract or work to be performed thereunder, or of the specifications, or of the Contract Documents, shall in any way affect its obligation on this Bond and the Surety hereby waives notice of any such extension of time, change, addition, or modification. Any notice which any party desires or is required to provide another shall be in writing and shall be effective upon receipt when delivered or transmitted by personal delivery, certified (return receipt) mail, or express mail service to the address set forth herein.

18 IN WITNESS WHEREOF, the Principal and Surety have signed this Performance Bond as of the day of, 201_. ATTEST: (SEAL) By: (Principal) Address: ATTEST: (SEAL) By: (Surety) Address: Telephone No.: Fax No.: Best's Rating: Best's Financial Rating: Date: This Bond will be acceptable only if issued by an insurer rated no less than A-, Best's Insurance Guide, and has a Best's Financial Rating of at least class X. The fully executed bond form must be accompanied by a current Power of Attorney. END OF LABOR AND MATERIAL PAYMENT BOND , v. 2

19 SECTION CERTIFICATION DEBARMENT & LOBBYING AURORA PUBLIC SCHOOLS Department of Purchasing Services 80 Airport Boulevard Aurora, Colorado (303) Certification Regarding Debarment and Suspension Prospective participant certifies to the best of its knowledge and belief that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. Certification Regarding Lobbying Activities The undersigned certifies, to the best of its knowledge and belief that: No federal appropriated, or any other funds have been or will be paid on behalf of influencing the award of a Federal contract, grant, loan or cooperative agreement. Signature of Authorized Certifying Official Title Applicant Organization Date 10/2003

20 SECTION CONSTRUCTION AGREEMENT PART 1 GENERAL 1.01 DESCRIPTION A. The successful contractor will be required to complete the attached Construction Agreement. B. Forms bound herein are for reference only. PART 2 PRODUCTS Not Applicable PART 3 EXECUTION Not Applicable END OF SECTION 00500

21 CONSTRUCTION AGREEMENT THIS AGREEMENT is made as of the day of, 20, by and between ADAMS-ARAPAHOE SCHOOL DISTRICT 28-J (hereinafter referred to as the "Owner"), and (incorporated in the State of (hereinafter referred to as the "Contractor"), in connection with the work required by the Contract Documents for a Project generally described as: The Project site is located at: The Architect for the Project is: In consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties agree as follows: 1.0 THE CONTRACT DOCUMENTS. In addition to the terms set forth herein, this Agreement consists of and includes all of the documents and instruments described in the General Conditions, GC-1.00 (CONTRACT DOCUMENTS), as fully as if they were set forth in this Agreement, all of which documents and instruments are incorporated herein by this reference. 2.0 SCOPE OF WORK. The Contractor shall furnish all tools, equipment, machinery, supplies, superintendence, insurance, bonds, transportation and other construction accessories, services and facilities specified in the Contract Documents to be incorporated in and/or used on the Project. In addition, the Contractor shall provide and perform all necessary labor in a first-class and workmanlike manner and in accordance with the conditions and prices stated in the Bid Proposal and the requirements, stipulations, provisions and conditions of the Contract Documents. The Contractor shall further perform, execute, construct, and complete all things required to be done by the Contractor and all work included in and covered by the Owner's official award of this Agreement to the Contractor, such award being based on the Owner s acceptance of the Contractor's bid, or part thereof. 3.0 TIME OF COMMENCEMENT AND COMPLETION. The Contractor agrees to commence work under this Agreement by no later than and to fully complete all work under this Agreement by no later than. The Contractor understands and agrees that time is of the essence under this Agreement. 4.0 LIQUIDATED DAMAGES. The Contractor understands and agrees that final completion of the entire Project within the time specified is an essential feature of this Agreement and that the Owner will sustain substantial damages, the amount of which is not possible to accurately determine at the time of contracting, if the Project is not so completed. The Contractor therefore agrees to proceed with due diligence, taking all precautions and making all necessary arrangements to ensure final completion of the Project within the specified time. The Contractor further agrees that its failure to finally and fully complete the Project within the time specified shall be considered a material breach of this Agreement and entitle the Owner to collect

22 liquidated damages in the sum of Dollars ($ ) for each calendar day beyond the time of completion specified in Article 3.0 above. 5.0 CONTRACT SUM. The Owner shall pay to the Contractor for performance of the work encompassed by this Agreement, and the Contractor shall accept as full compensation therefor, the sum of Dollars ($ ), subject to adjustment as provided by the Contract Documents, to be paid by progress payments in cash or its equivalent in the manner provided for in the Contract Documents. The amount of money appropriated by the Owner for the Project is equal to or in excess of the Contract Sum. The Owner shall not issue any change order or other directive that causes the Contract Sum to exceed lawful appropriations to cover the cost thereof. 6.0 REPRESENTATIONS. The Contractor shall not extend the credit or faith of the Owner to any other persons or organizations. 7.0 BINDING EFFECT AND ASSIGNMENT. This Agreement shall be binding on the parties as well as their successors, assigns and personal representatives. Notwithstanding the foregoing, the Contractor shall not assign any of its rights or obligations under this Agreement without the express written consent of the Owner. Upon any assignment even though consented to by the Owner, the Contractor shall remain liable for the performance of the work under this Agreement. 8.0 PARTIAL INVALIDITY. If any provisions of this Agreement are finally determined by a court of competent jurisdiction to be in violation of any applicable law, then such provisions shall be deemed null and void to the extent that they may be violative of such law, but without invalidating the remaining provisions of this Agreement which shall remain in full force and effect. 9.0 WAIVER. No waiver of any breach of any one of the agreements, terms, conditions, or covenants of this Agreement by the Owner shall be deemed or imply or constitute a waiver of any other agreement, term, condition, or covenant of this Agreement. The failure of the Owner to insist on strict performance of any agreement, term, condition, or covenant herein set forth shall not constitute or be construed as a waiver of the Owner's rights thereafter to enforce any other default; neither shall such failure to insist upon strict performance be deemed sufficient grounds to enable the Contractor to forego or subvert or otherwise disregard any other agreement, term, condition or covenant of this Agreement ENTIRE AGREEMENT. This Agreement, together with the Contract Documents as defined in Article 1.0 above, constitute the entire agreement of the parties hereto. No modification, change, or alteration of this Agreement shall be of any legal force or effect unless in writing and signed by the parties hereto COUNTERPARTS. This Agreement may be executed in several counterparts, and each such counterpart shall be deemed an original VENUE AND GOVERNING LAW.

23 Venue for any and all actions at law or in equity concerning or arising out of this Agreement shall be solely in the District Court in and for Arapahoe County, Colorado. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado LEGAL COSTS AND ATTORNEY FEES. In the event it becomes necessary for either party to institute legal proceedings to enforce any provision of this Agreement, the substantially prevailing party in such proceedings shall be entitled to collect, as part of any judgment or award entered, its reasonable costs (including expert witness fees) and attorney fees NOTICES. All notices, requests, demands, and other communications given or to be given under this Agreement shall be in writing and shall be deemed to have been duly given when served if served personally, or on the second day after mailing if mailed by first-class mail, registered or certified, postage prepaid, and properly addressed to the party to whom notice is to be given as set forth below. If to Owner: James E. Bittle Director, Construction Management & Support Department Aurora Public Schools 1369 Airport Boulevard Aurora, Colorado If to Contractor, then to the individual at the address set forth in the signature block below. Either party may change its address for purposes of notice by giving written notice to the other party in accordance with this paragraph. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written and shall extend to and bind the parties, their successors, assigns, and personal representatives. OWNER: ADAMS-ARAPAHOE SCHOOL DISTRICT 28J By: Anthony W. Sturges Chief Operating Officer, Division of Support Services Aurora Public Schools East 1 st Avenue, Suite 206 Aurora, CO CONTRACTOR: By Title: Address:

24 Rev. 09/01/11 AURORA PUBLIC SCHOOLS GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION INDEX TO THE ARTICLES Article Page ACCEPTANCE AND FINAL PAYMENT GC ACCESS TO WORK GC APPROVAL OF SUBSTITUTIONS GC ARCHITECT S STATUS AND INSPECTIONS GC ASSIGNMENT GC BENCHMARKS, MONUMENTS, STAKES, AND MEASUREMENTS GC BLASTING GC CHANGED CONDITIONS GC CHANGES IN THE WORK GC CLAIMS FOR EXTRA COST OR ADDITIONAL TIME GC CLEANING UP GC CONSTRUCTION SCHEDULE AND PROGRESS REPORTS GC CONTRACT DOCUMENTS GC CONTRACT PRICE, ITEMS COVERED BY GC CONTRACTORS MUTUAL RESPONSIBILITY GC CONTRACTOR S PROJECT GUARANTEE AFTER COMPLETION GC CONTRACTOR S SUPERINTENDENCE AND SUPERVISION GC CORRECTION OF WORK GC CUTTING, PATCHING, AND EXCAVATING GC DAMAGE TO UTILITIES GC DEFINITIONS GC DRAWINGS AND SPECIFICATIONS GC EMPLOYEES GC EXECUTION, CORRELATION, INTENT, AND INTERPRETATION OF CONTRACT DOCUMENTS GC EXPEDITING MATERIALS GC HAZARDOUS MATERIALS GC HISTORICAL DATA GC INDEMNIFICATION GC INSURANCE GC ITEMS COVERED BY CONTRACT PRICE GC LABOR DISPUTES GC LIENS GC LIMITATION OF ACTIONS GC LIQUIDATED DAMAGES FOR DELAY IN COMPLETION GC MATERIALS, LABOR, FACILITIES, AND STORAGE GC MISCELLANEOUS KEYS, SWITCHES, ETC. GC OCCUPANCY GC ORAL STATEMENTS GC OWNER S INSPECTION OF CONTRACTOR S RECORDS GC OWNER S RIGHT TO CARRY OUT WORK GC OWNER S RIGHT TO TERMINATE CONTRACT GC PAYMENT GC

25 PERFORMANCE AND PAYMENT BONDS GC PREFERENCE FOR COLORADO LABOR, MATERIALS, AND RESIDENT BIDDERS GC PROJECT SIGN GC PROTECTION OF PERSONS, WORK, AND PROPERTY GC RELATIONS OF CONTRACTOR AND SUBCONTRACTOR GC REFERENCE STANDARDS GC ROYALTIES AND PATENTS GC SALES AND USE TAX GC SEPARATE CONTRACTS GC SHOP DRAWINGS AND SAMPLES GC SOIL TEST REPORT GC STATUTES, ORDINANCES, AND REGULATIONS GC SUBCONTRACTORS GC SURVEYS, PERMITS, LAWS, REGULATIONS, AND TAXES GC TEMPORARY OR TRIAL USAGE GC TESTING OF PROJECT BUILDING SYSTEMS GC USE OF PREMISES GC WARRANTIES ON PORTIONS OF THE WORK GC WORK ON EXISTING BUILDINGS GC

26 GC-1.00 CONTRACT DOCUMENTS All work under the Construction Agreement shall be accomplished in accordance with the Contract Documents, which shall consist of the Invitation to Bid, Instructions to Bidders, Bid Security, Proposal, Notice of Contract Award, Notice to Proceed, Performance Bond, Labor and Material Payment Bond, Construction Agreement, the General Conditions of the Contract for Construction, Supplementary General Conditions, Drawings and Specifications, tests and engineering data, Construction Change Directives, approved Change Orders, Contractor s Requests for Payment, Architect s Certificates, 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. GC-2.00 DEFINITIONS With respect to the Contract Documents, the following definitions and understandings shall control: 2.01 Contract or Contract Documents shall include all of the items enumerated in GC-1.00 above Owner shall mean Adams-Arapahoe School District 28J, and shall include its duly authorized representatives Contractor 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 Subcontractor shall mean any corporation, partnership, 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 Architect shall mean the corporation, partnership, entity or individual named and designated as architect or engineer 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 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 the last known business address 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 The project is the total construction designed by the Architect of which the work performed under the Contract Documents may be the whole or a part All time limits stated in the Contract Documents are of the essence of the Contract The Contract shall be governed by and construed in accordance with the laws of the State of Colorado The date of completion of the project is 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 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 or by the Architect, when authorized by the Owner.

27 2.12 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 Specifications are 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. GC-3.00 ORAL STATEMENTS It is understood and agreed that the written terms and provisions of the Contract Documents shall supersede all oral statements of the Owner, Architect, Contractor and their representatives, and that oral statements shall not be effective or be construed as being a part of this Contract. GC-4.00 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-5.00 ITEMS COVERED BY CONTRACT PRICE Unless otherwise stipulated, 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, and all other things necessary for the complete and proper execution of the work contemplated by or reasonably implied from the Contract Documents, within the time limits indicated therein. Such amount shall include any loss or damage 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 Contract Award, the Contractor shall submit to the Owner the Performance Bond, and Labor and Material Payment Bond with original Power of Attorney; and certificates of required insurance coverages. The date of the Contract for purposes of these documents shall be the date of the Notice of Contract Award letter. Upon receipt of the bonds and insurance certificates, 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 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 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

28 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. 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 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 Interpretation 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 Conflict in Interpretation. Where a conflict occurs between or within standards, the more stringent or higher quality requirements shall apply. The precedence of the Contract Documents shall be in the following sequence: a. Addenda to the drawings and specifications shall take precedence over the original Contract Documents. b. Should a conflict arise between the drawings and the specifications, the specifications shall have precedence over the drawings, unless the conflict involves quality in which case the more stringent or higher quality requirements shall apply. c. In the drawings, the precedence shall be drawings of larger scale over those of smaller scale, and noted materials over graphic indications. d. Any work mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications shall be of like effect as if shown or mentioned in both. The Contractor shall examine the specifications and drawings and check all dimensions and notify the Architect and the Owner of any discrepancies between the specifications and drawings and any deficiencies, omissions, or errors before any work is commenced. GC-7.00 DRAWINGS AND SPECIFICATIONS 7.01 Copies Furnished. Unless otherwise provided in the Contract Documents, the Contractor shall be furnished, free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work 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 Drawings and Specifications Available on the Site. The Contractor shall maintain at the project site for the Owner and the Architect one copy of all drawings, specifications, addenda, approved shop drawings, change orders, and other modifications, in good order and marked to record all changes made during construction. The Contractor shall also keep on the project site all applicable standards, codes, and manufacturer s or other specifications referenced in the Contract Documents. The drawings, marked to record all changes made during construction, shall be delivered to the Architect for the Owner upon completion of the work.