Appendix B (1).docx

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAMS

THE GENERAL CONDITIONS OF THE DESIGN/BUILD LUMP SUM (LS) AGREEMENT

(STATE FORM SC-8.1)

ii

Rev. 1/2014

SC-8.1

TABLE OF CONTENTS

THE CONTRACT

..4

THE ARCHITECT

THE DESIGN/BUILD ENTITY

PAYMENT AND COMPENSATION

COMPLETION

Note: The sections of the General Conditions indicated in italics (Articles 35 General and 35A, 35B, 37, 38, 46, 48B, 49 and 50) are regulatory and cannot be modified except through appropriate rule making procedures through the Division of Finance and Procurement, Department of Personnel & Administration.

Rev. 1/2014 iv

SC-8.1

Rev. 1/2014

SC-8.1

General Conditions of the Design/Build Lump Sum (LS) Agreement

ARTICLE 1. DEFINITIONS

CONTRACT DOCUMENTS

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

1. Design/Build Lump Sum (LS) Agreement; (SC-8.0) including:

1.1 Design/Build Entity’s Technical Proposal, All Appendices, Addenda and Clarifications

1.2 Design/Build Entity’s Cost Proposal, All Appendices, Addenda and Clarifications

1.3 Design/Build Entity’s Scope Narrative

1.4 The Request for Proposals, All Appendices, Addenda and Clarifications;

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

3. These General Conditions of the Design/Build Lump Sum (LS) Agreement (SC- 8.1) and if applicable, Supplementary General Conditions;

4. Detailed Specification Requirements, including all addenda issued prior to the Notice to Proceed to Commence Design Phase (SBP-8.26);

5. Drawings, including all addenda issued prior to the Notice to Proceed to Commence Construction Phase (SBP-8.261);

6. Change Orders (SC-6.31) and Amendments (SC-6.0A and/or B), if any, when properly executed;

7. Notice of Award (SBP-6.15);

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

9. Liability, workers’ compensation and professional liability errors and omissions certificates of insurance;

10. Notice to Proceed to Commence Design Phase (SBP-8.26);

11. Notice to Proceed to Commence Construction Phase (SBP-8.261);

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

13. Notice of Partial Substantial Completion (SBP-071);

14. Notice of Substantial Completion (SBP-07);

15. Notice of Final Acceptance (SBP-6.27);

16. Notice of Partial Final Acceptance (SBP-6.271);

17. Notice of Contractor's Settlement (SBP-7.3);

18. Notice of Partial Contractor’s Settlement (SBP-7.31);

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

20. Other procedural and reporting documents or forms referred to in these General Conditions, the Supplementary General Conditions, the Specifications or required by the State Buildings Programs 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 Programs forms applicable to this Contract may be obtained from the Principal Representative on request.

DEFINITIONS OF WORDS AND TERMS USED

1. 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 DESIGN/BUILD ENTITY for the performance of the Work and payment therefore, on State Form SC-8.0. The term Agreement when used without reference to State Form SC-8.0 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

2. ARCHITECT/ENGINEER. The term “Architect/Engineer” shall mean professionals licensed or registered by the State of Colorado who have contracted with the Design/Build Entity, with prior approval by the State, to accomplish the architectural and engineering services necessary for the Project. Although the Contract Documents impose specific performance requirements to be discharged by the architect or design professional selected by the Design/Build Entity, and approved by the State, nothing in this contract is intended to create a contractual relationship between such professional and the State of Colorado.

3. 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. The Date of Occupancy shall be the date of such first use, but shall not be prior to the date of execution of the Notice of Approval of Occupancy/Use. Prior to the date of execution of a Notice of Approval of Occupancy/Use, the Principal Representative shall have no right to occupy and the Project may not be considered safe for occupancy for the intended use.

4. CHANGE ORDER. The term “Change Order” means a written order, signed by a Procurement Officer, directing the DESIGN/BUILD ENTITY to make changes in the Work, in accordance with Article 35A, The Value of Changed Work.

5. 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.

6. DESIGN/BUILD ENTITY. The word “Design/Build Entity” shall mean the design/build entity entering into a contract to design and construct the Project with the State of Colorado acting by and through the Principal Representative. The Design/Build Entity may also be referred to as “Contractor” in this agreement or in related exhibits, attachments, contract modification or procedural documents.

7. DESIGN/BUILD ENTITY’S SCOPE NARRATIVE. Shall be defined as the bilateral agreement concerning final scope, which is developed cumulatively and simultaneously with each of the design phases and is agreed upon during review of the final scope as it pertains to each design submission.

8. 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.

9. DRAWINGS. The term “Drawings” shall mean all drawings approved by appropriate State officials which have been prepared by the Architect/Engineer and/or mechanical, electrical or plumbing engineers 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.

10. 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 35C 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 35C.

11. 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.

12. 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 shall be provided to the person identified to receive it in Article 6E (Design/Build Agreement Lump Sum), Notice Identification, or to such other person as either party identifies in writing to receive Notice. Notice by facsimile transmission where proper transmission is evidenced shall be adequate where facsimile numbers are included in Article 6E (Design/Build Agreement Lump Sum). 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.

13. OWNER. The term “Owner” shall mean the Principal Representative.

14. PRINCIPAL REPRESENTATIVE. The term “Principal Representative ” shall be defined, as provided in § 24-30-1301(11), C.R.S., as the governing board of a state department, institution, or agency; or if there is no governing board, then the executive head of a state department, institution, or agency, as designated by the governor or the general assembly and as specifically identified in the Contract Documents, or shall have such other meaning as the term may otherwise be given in § 24-30-1301(11), C.R.S., as amended. The Principal Representative may delegate authority. The Design/Build Entity shall have the right to inquire regarding the delegated authority of any of the Principal Representative’s representatives on the Project and shall be provided with a response in writing when requested.

15. PROCUREMENT OFFICER. The term “Procurement Officer” means any person duly authorized to enter into and administer contracts and make written determinations with respect thereto. “Procurement Officer” includes an authorized representative of the Principal Representative acting within the limits of his or her authority.

16. PRODUCT DATA. The term “Product Data” shall mean all submittals in the form of printed manufacturer’s literature, manufacturer’s specifications, and catalog cuts.

17. REASONABLY INFERABLE: The phrase “reasonably inferable” means that if an item or system is either shown or specified, all material and equipment normally furnished with such items or systems and needed to make a complete installation shall be provided whether mentioned or not, omitting only such parts as are specifically excepted, and shall include only components which the Design/Build Entity could reasonably anticipate based on his or her skill and knowledge using an objective, industry standard, not a subjective standard. This term takes into consideration the normal understanding that not every detail is to be given on the Drawings and Specifications.

18. SAMPLES. The term “Samples” shall mean examples of materials or work provided to establish the standard by which the Work will be judged.

19. SC. The term "SC" means "State Contract" which is used in connection with labeling applicable State form documents (e.g. "SC 8.1" is the State form number for these General Conditions of the Contract).

20. SBP. The term "SBP" means "State Buildings", which is used in connection with labeling applicable State form documents (e.g., "SBP-01" is the form number for Notice of Approval of Occupancy/Use).

21. SHOP DRAWINGS. The term “Shop Drawings” shall mean any and all detailed drawings prepared and submitted by Design/Build Entity, Subcontractor at any tier, vendors or manufacturers providing the products and equipment specified on the Drawings or called for in the Specifications.

22. SPECIFICATIONS. The term “Specifications” shall mean the requirements of the CSI divisions of the project manual prepared by the Architect/Engineer describing the work to be accomplished.

23. STATE BUILDINGS PROGRAMS. Shall refer to the Office of the State Architect within the Department of Personnel & Administration of Colorado State government responsible for project administration, review, approval and coordination of plans, construction procurement policy, contractual procedures, and code compliance and inspection of all buildings, public works and improvements erected for state purposes; except public roads and highways and projects under the supervision of the division of wildlife and the division of parks and outdoor recreation as provided in § 24-30-1301, et seq, C.R.S. The term State Buildings Programs shall also mean that individual within a State Department agency or institution, including institutions of higher education, who has signed an agreement accepting delegation to perform all or part of the responsibilities and functions of State Buildings Programs.

24. SUBCONTRACTOR. The term “Subcontractor” shall mean a person, firm or corporation supplying labor and materials, or only labor, for work at the site of the Project for, and under separate contract or agreement with the Design/Build Entity. Design professionals and consultants, including the Design/Build Entity’s Architect/Engineer, are also considered “subcontractors” under this Agreement.

25. SUBMITTALS. The term “submittals” means drawings, lists, tables, documents and samples prepared by the Design/Build Entity to facilitate the progress of the work as required by these General Conditions or the Drawings and Specifications. They consist of Shop Drawings, Product Data, Samples, and various administrative support documents including but not limited to lists of subcontractors, construction progress schedules, schedules of values, applications for payment, inspection and test results, requests for information, various document logs, and as-built drawings. Submittals are required by the Contract Documents, but except to the extent expressly specified otherwise are not themselves a part of the Contract Documents.

26. SUBSTANTIAL COMPLETION. The terms “substantial completion” or “substantially complete” mean the stage in the progress of the work when the construction is sufficiently complete, in accordance with the Contract Documents as modified by any Change Orders, so that the Work, or at the discretion of the Principal Representative, any designated portion thereof, is available for its intended use by the Principal Representative and a Notice of Substantial Completion can be issued. Portions of the Project may, at the discretion of the Principal Representative, be designated as substantially complete.

27. SURETY. The term “Surety” shall mean the company providing the labor and material payment and performance bonds for the Design/Build Entity as obligor.

28. WORK. The term “Work” shall mean all or part of the labor, materials, equipment, and other services required by the Contract Documents or otherwise required to be provided by the Design/Build Entity to meet the Design/Build Entity’s obligations under the Contract.

The Design/Build Entity, within ten (10) days from the date of Notice of Award, will be required to:

B. CORRELATION

By execution of the Design/Build Agreement the Design/Build Entity represents that the Design/Build Entity has visited the site, has become familiar with local conditions and local requirements under which the Work is to be performed, including the building code programs of the State Buildings Program as implemented by the Principal Representative, and has correlated personal observations with the requirements of the Contract Documents.

C. INTENT OF DOCUMENTS

The Contract Documents are complementary, and what is called for by any one document shall be as binding as if called for by all. The intention of the documents is to include all labor, materials, equipment and transportation necessary for the proper execution of the Work. Words describing materials or work which have a well-known technical or trade meaning shall be held to refer to such recognized standards.

Where a conflict occurs between or within standards, Specifications or Drawings, which is not resolved by reference to the precedence between the Contract Documents, the more stringent or higher quality requirements shall apply so long as such more stringent or higher quality requirements are reasonably inferable. The Principal Representative, or Architect/Engineer with consent of the Principal Representative, shall decide which requirements will provide the best installation.

With the exception noted in the following paragraph, the precedence of the Contract Documents is in the following sequence:

1. The Design/Build Entity’s Scope Narrative;

2. The Minimum Requirements of the Request for Proposals;

3. The Design/Build Entity’s Technical and Cost proposals;

4. The Agreement (SC-8.0);

5. The Supplementary General Conditions, if any;

6. These General Conditions (SC-8.1); and

7. Drawings and Specifications, all as modified by any addenda.

Change Orders and Amendments, if any, to the Contract Documents take precedence over the original Contract Documents.

Notwithstanding the foregoing order of precedence, the Special Provisions of Article 52 of these General Conditions shall take precedence, rule and control over all other provisions of the Contract Documents.

Unless the context otherwise requires, form numbers in this document are for convenience only. In the event of any conflict between the form required by name or context and the form required by number, the form required by name or context shall control. The Design/Build Entity may obtain State forms from the Principal Representative upon request.

Nothing contained in the Design/Build Contract Documents shall create a professional obligation or contractual relationship between the Principal Representative and any third party, including the Architect/Engineer.

D. PARTNERING, COMMUNICATIONS AND COOPERATION

In recognition of the fact that conflicts, disagreements and disputes often arise during the performance of construction contracts, the Design/Build Entity and the Principal Representative aspire to encourage a relationship of open communication and cooperation between the employees and personnel of both, in which the objectives of the Contract may be better achieved and issues resolved in a more fully informed atmosphere.

The Design/Build Entity and the Principal Representative each agree to assign an individual who shall be fully authorized to negotiate and implement a voluntary partnering plan for the purpose of facilitating open communications between them. Within thirty days (30) of the Notice to Proceed, the assigned individuals shall meet to discuss development of an informal agreement to accomplish these goals.

The assigned individuals shall endeavor to reach an informal agreement, but shall have no such obligation. Any plans these parties voluntarily agree to implement shall result in no change to the contract amount, and no costs associated with such plan or its development shall be recoverable under any contract clause. In addition, no plan developed to facilitate open communication and cooperation shall alter, amend or waive any of the rights or duties of either party under the Contract unless and except by written Amendment to the Contract, nor shall anything in this clause or any subsequently developed partnering plan be deemed to create fiduciary duties between the parties unless expressly agreed in a written Amendment to the Contract. It is also recognized that projects with relatively low contract values may not justify the expense or special efforts required. In the case of small projects with an initial Contract value under $500,000, the requirements of the preceding paragraph shall not apply.

ARTICLE 3. COPIES FURNISHED

Refer to Article 2 of the Agreement (SC-8.0).

ARTICLE 4. OWNERSHIP OF DRAWINGS

Refer to Article 3 of the Agreement (SC-8.0).

ARTICLE 5. ARCHITECT/ENGINEER’S STATUS

In case of termination of employment or the death of the Architect/Engineer, the Design/Build Entity will appoint a capable and reputable Architect/Engineer against whom the Principal Representative makes no reasonable objection, whose status under the Contract shall be the same as that of the former Architect/Engineer.

The Architect/Engineer shall, within a reasonable time, make decisions on all matters relating to the interpretation of the Contract Documents as it relates to compliance with the Drawings and Specifications.

Such decisions by the Architect/Engineer shall be promptly forwarded to the Design/Build Entity and Principal Representative. The Principal Representative may consent with such decision by the Architect/Engineer or amend/revise such decision at the discretion of the Principal Representative.

B. JUDGMENTS

The Architect/Engineer is, in the first instance, the judge of the performance required by the Contract Documents as it relates to compliance with the Drawings and Specifications and quality of workmanship and materials.

C. ACCESS TO WORK

The Architect/Engineer, the Principal Representative and representatives of State Buildings Programs shall at all times have access to the work. The Design/Build Entity shall provide proper facilities for such access and for their observations or inspection of the work.

D. INSPECTION

The Architect/Engineer has agreed to make, or that structural, mechanical, electrical engineers or other consultants will make, periodic visits to the site to generally observe the progress and quality of the Work to determine in general if the Work is proceeding in accordance with the Contract Documents as it relates to compliance with the Drawings and Specifications. Observation may extend to all or any part of the Work and to the preparation, fabrication or manufacture of materials.

Without in any way meaning to be exclusive or to limit the responsibilities of the Architect/Engineer or the Design/Build Entity, the Architect/Engineer has agreed to observe, among other aspects of the Work, the following for compliance with the Contract Documents as it relates to compliance with the Drawings and Specifications:

If the Specifications, the Architect/Engineer’s instructions, laws, ordinances of any public authority require any work to be specifically tested or approved, the Design/Build Entity shall give the Principal Representative and Architect/Engineer timely notice of its readiness for observation by the Principal Representative and Architect/Engineer or inspection by another authority, and if the inspection is by another authority, of the date fixed for such inspection, required certificates of inspection being secured by the Design/Build Entity. The Design/Build Entity shall give all required Notices to the Principal Representative or his or her designee for inspections required for the building inspection program. It shall be the responsibility of the Design/Build Entity to determine the Notice required by the State pursuant to Building Inspection Record for the Project, according to State form SBP-B.I.R., or the equivalent form required by the Principal Representative as approved by the State Buildings Program. If any such work is covered up without approval or consent of the Principal Representative and Architect/Engineer or prior to any building code inspection, it must, if required by the Architect/Engineer, the Principal Representative or the State Buildings Programs, be uncovered for examination, at the Design/Build Entity’s expense. If such work is found to be not in accordance with the Contract Documents, the Design/Build Entity shall pay such costs, unless he or she shall show that the defect in the work was caused by another separate contractor engaged by the Principal Representative. In that event, the Principal Representative shall pay such cost. In addition, examination of questioned work may be ordered, and if so ordered, the work must be uncovered by the Design/Build Entity. If such work be found in accordance with the Contract Documents, the Design/Build Entity shall be reimbursed the cost of examination and replacement.

ARTICLE 7. DESIGN/BUILD ENTITY’S SUPERINTENDENCE AND SUPERVISION

The Design/Build Entity shall employ, and keep present on the Project during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Principal Representative. The superintendent shall not be changed except with the consent of the Principal Representative, unless the superintendent proves to be unsatisfactory to the Design/Build Entity and ceases to be in his or her employ. The superintendent shall represent the Design/Build Entity in his or her absence and all directions given to the superintendent shall be as binding as if given to the Design/Build Entity. Directions received by the superintendent shall be documented by the superintendent and confirmed in writing with the Design/Build Entity.

The Design/Build Entity shall give efficient supervision to the Work, using his or her best skill and attention. He or she shall carefully study and compare all Drawings, Specifications and other written instructions and shall without delay report any error, inconsistency or omission which he or she may discover in writing to the Principal Representative and Architect/Engineer.

The superintendent shall see that the Work is carried out in accordance with the Contract Documents and in a uniform, thorough and first-class manner in every respect. The Design/Build Entity’s superintendent shall establish all lines, levels, and marks necessary to facilitate the operations of all concerned in the Design/Build Entity’s Work. The Design/Build Entity shall lay out all work in a manner satisfactory to the Principal Representative and Architect/Engineer, making permanent records of all lines and levels required for excavation, grading, foundations, and for all other parts of the Work.

ARTICLE 8. MATERIALS AND EMPLOYEES

Unless otherwise stipulated, the Design/Build Entity shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities necessary for the execution and completion of the Work.

Unless otherwise specified, all materials shall be new and both workmanship and materials shall be first class and of uniform quality. The Design/Build Entity shall, if required, furnish satisfactory evidence as to the kind and quality of materials.

The Design/Build Entity is fully responsible for all acts and omissions of the Design/Build Entity’s employees and shall at all times enforce strict discipline and good order among employees on the site. The Design/Build Entity shall not employ on the Work any person reasonably deemed unfit by the Principal Representative or anyone not skilled in the work assigned to him.

The Principal Representative shall furnish all surveys, property lines and bench marks deemed necessary by the Architect/Engineer, unless otherwise specified.

B. PERMITS AND LICENSES

Permits and licenses necessary for the prosecution of the Work shall be secured and paid for by the Design/Build Entity. Unless otherwise required, no local municipal or county building permit shall be required. However, State Buildings Programs requires each Principal Representative to administer a building code inspection program, the implementation of which may vary at each agency or institution of the State. The Design/Build Entity’s employees shall become personally familiar with these local conditions and requirements and shall fully comply with such requirements. State electrical and plumbing permits are required, unless the requirement to obtain such permits is altered by State Building’s Programs. The Design/Build Entity shall obtain and pay for such permits.

Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Principal Representative, unless otherwise specified.

The Design/Build Entity shall pay all local taxes required to be paid, including but not necessarily limited to all sales and use taxes. If requested by the Principal Representative prior to issuance of the Notice to Proceed or directed in the Supplementary General Conditions or the Specifications, the Design/Build Entity shall maintain records of such payments in respect to the Work, which shall be separate and distinct from all other records maintained by the Design/Build Entity, and the Design/Build Entity shall furnish such data as may be necessary to enable the State of Colorado, acting by and through the Principal Representative, to obtain any refunds of such taxes which may be available under the laws, ordinances, rules or regulations applicable to such taxes. When so requested or directed, the Design/Build Entity shall require Subcontractors at all tiers to pay all local sales and use taxes required to be paid and to maintain records and furnish the Design/Build Entity with such data as may be necessary to obtain refunds of the taxes paid by such Subcontractors. No State sales and use taxes are to be paid on material to be used in this Project. On application by the purchaser or seller, the Department of Revenue shall issue to the Design/Build Entity or to a Subcontractor at any tier, a certificate or certificates of exemption per § 39-26-114(1)(d), C.R.S., and § 39-26-203, C.R.S.

2. FEDERAL TAXES

The Design/Build Entity shall exclude the amount of any applicable federal excise or manufacturers’ taxes from the proposal. The Principal Representative will furnish the Design/Build Entity, on request, exemption certificates.

D. LAWS AND REGULATIONS

The Design/Build Entity shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the Work as drawn or specified.

The Design/Build Entity shall bear all costs arising from the performance of work required by the Drawings or Specifications that the Design/Build Entity knows to be contrary to such laws, ordinances, rules or regulations.

The Design/Build Entity shall continuously maintain adequate protection of all work and materials, protect the property from injury or loss arising in connection with this Contract and adequately protect adjacent property as provided by law and the Contract Documents. The Design/Build Entity shall make good any damage, injury or loss, except to the extent:

B. SAFETY PRECAUTIONS

The Design/Build Entity shall take all necessary precautions for the safety of employees on the Project, and shall comply with all applicable provisions of federal, State and municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the Work is being performed. He or she shall erect and properly maintain at all times, as required by the conditions and progress of the Work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against the hazards created by such features of construction as protruding nails, hoists, well holes, elevator hatchways, scaffolding, window openings, stairways and falling materials; and he or she shall designate a responsible member of his or her organization on the Project, whose duty shall be the prevention of accidents. The name and position of any person so designated shall be reported to the Principal Representative by the Design/Build Entity.

The Design/Build Entity shall provide all necessary bracing, shoring and tying of all structures, decks and framing to prevent any structural failure of any material which could result in damage to property or the injury or death of persons; take all precautions to insure that no part of any structure of any description is loaded beyond its carrying capacity with anything that will endanger its safety at any time; and provide for the adequacy and safety of all scaffolding and hoisting equipment. The Design/Build Entity shall not permit open fires within the building enclosure. The Design/Build Entity shall construct and maintain all necessary temporary drainage and do all pumping necessary to keep excavations and floors, pits and trenches free of water. The Design/Build Entity shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work, except as otherwise noted.

The Design/Build Entity shall take due precautions when obstructing sidewalks, streets or other public ways in any manner, and shall provide, erect and maintain barricades, temporary walkways, roadways, trench covers, colored lights or danger signals and any other devices necessary or required to assure the safe passage of pedestrians and automobiles.

C. EMERGENCIES

In an emergency affecting the safety of life or of the Work or of adjoining property, the Design/Build Entity without special instruction or authorization from the Principal Representative, is hereby permitted to act, at his or her discretion, to prevent such threatened loss or injury; and he or she shall so act, without appeal, if so authorized or instructed. Provided the Design/Build Entity has no responsibilities for the emergency, if the Design/Build Entity incurs additional cost not otherwise recoverable from insurance or others on account of any such emergency work, the Contract sum shall be equitably adjusted in accordance with Article 35, Changes In The Work.

ARTICLE 11. DRAWINGS AND SPECIFICATIONS ON THE WORK

The Design/Build Entity shall keep on the job site one copy of the Contract Documents in good order, including current copies of all Drawings and Specifications for the Work, and any approved Shop Drawings, Product Data or Samples, and as-built drawings. As-built drawings shall be updated weekly by the Design/Build Entity and Subcontractors to reflect actual constructed conditions including dimensioned locations of underground work and the Design/Build Entity’s failure to maintain such updates may be grounds to withhold portions of payments otherwise due in accordance with Article 33, Payments Withheld. All such documents shall be available to representatives of the State. In addition, the Design/Build Entity shall keep on the job site one copy of all approved addenda, Change Orders and requests for information issued for the Work.

The Design/Build Entity shall develop procedures to insure the currency and accuracy of as-built drawings and shall maintain on a current basis a log of requests for information and responses thereto, a Shop Drawing and Product Data submittal log, and a Sample submittal log to record the status of all necessary and required submittals.

The Architect/Engineer shall furnish to the Design/Build Entity and Principal Representative, with reasonable promptness, additional instructions, by means of drawings or otherwise, necessary for the proper execution of the work. All such drawings and instructions shall be consistent with the Contract Documents, true developments thereof, and reasonably inferable therefrom.

The work shall be executed in conformity therewith and the Design/Build Entity shall do no work without proper drawings and instructions.

The Design/Build Entity, the Architect/Engineer, and the Principal Representative shall jointly prepare a schedule, subject to change from time to time in accordance with the progress of the work, fixing the dates at which the various detail drawings will be required, and the Architect/Engineer shall furnish them in accordance with that schedule. Under like conditions, a schedule shall be prepared, fixing the dates for the submission of shop drawings, for the beginning of manufacture and installation of materials and for the completion of the various parts of the work.

The Principal Representative may consent with such instructions by the Architect/Engineer or amend/revise such instructions at the discretion of the Principal Representative.

Prior to the Notice to Proceed to Commencement of Construction for the first construction phase, a schedule shall be prepared by the Design/Build Entity fixing the dates for the submission and initial review of required Shop Drawings, Product Data and Samples for the beginning of manufacture and installation of materials, and for the completion of the various parts of the Work. It shall be prepared so as to cause no delay in the Work or in the work of any other separate contractor engaged by the Principal Representative. The schedule shall be subject to change from time to time in accordance with the progress of the Work, and it shall be subject to the review and approval by the Principal Representative. The schedule shall be finalized, prepared and submitted with respect to each of the elements of the Work in time to avoid delay, considering reasonable periods for review, manufacture or installation.

At the time the schedule is prepared, the Design/Build Entity, the Architect/Engineer and Principal Representative shall jointly identify the Shop Drawing, Product Data and Samples, if any, which the Principal Representative shall receive for the purposes of owner coordination with existing facility standards and systems. The Design/Build Entity shall furnish a copy for the Principal Representative when so requested. Transmittal of Shop Drawings and Product Data copies to the Principal Representative shall be solely for the convenience of the Principal Representative and shall neither create nor imply responsibility or duty of review by the Principal Representative.

2. SCHEDULE OF VALUES

Prior to the Notice to Proceed to Commencement of Construction for the first construction phase, the Design/Build Entity shall submit to the Principal Representative, for approval, and to the State Buildings Programs when specifically requested, a complete itemized schedule of the values of the various parts of the Work, as estimated by the Design/Build Entity, aggregating the total price. The schedule of values shall be in such detail as the Principal Representative shall require, prepared on forms acceptable to the Principal Representative. It shall, at a minimum, identify on a separate line each division of the Specifications including the general conditions costs to be charged to the Project.