Commonwealth of Kentucky Revised: March 1, 2019 Rev

General Conditions – General Contractor Page 1

FINANCE AND ADMINISTRATION CABINET

DEPARTMENT FOR FACILITIES MANAGEMENT

DVISION OF ENGINEERING AND CONTRACT ADMINISTRATION

GENERAL CONDITIONS of the Contract for Construction

- General Contractor

These General Conditions of the Contract for Construction – General Contractor have been implemented by the Kentucky Division of Engineering and Contract Administration for the purpose of delineating the provisions of the Contract for Construction when the Commonwealth has entered into a Contact with a General Contractor to accomplish a Capital Construction Project. The Document as a whole outlines the primary obligations and basic expectations for each entity involved in the Project.

These General Conditions apply to each section of the specifications and to the Contract Documents as a whole and are binding upon the Contractor and all Subcontractors as each are subject to the provisions contained herein.

These General Conditions are intended to define and establish certain definitions, procedures, rules and provisions of the Contract governing the operation so that the Work may be continued and be completed in an orderly, expeditious and workmanlike manner.

These General Conditions, together with the specifications and Contract Documents, shall further establish the standards of material and workmanship for the Work.

Specific Project requirements may alter the provisions indicated herein where strict adherence to the provisions of this document are not warranted or applicable. The Special Conditions and Supplemental Conditions contained in the Contract Documents, if present, modify and take precedence over the provisions of these General Conditions for this specific Project.

These General Conditions are based on and are consistent with the specific Kentucky Revised Statues passed by the Kentucky Legislature and signed into effect by the Governor; specific Kentucky Administrative Regulations promulgated by State Agencies to enhance and clarify procedures that are authorized by a specific statute; specific Finance Cabinet Administrative Regulations; and the DECA Procedures Manual.

ATTACHMENT A

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Contents Page Article Title

3 ‘1. Definitions of Terms 6 ‘2. Intent and Interpretation 8 ‘3. The Architect, Engineer, Consultant (A-E) 12 ‘4. Construction Schedule 13 ‘5. Shop Drawings; Submittals 15 ‘6. Documents and Samples at the Site 15 ‘7. Contract Documents Property of Owner 15 ‘8. Supervision and Construction Procedures 19 ‘9. Labor, Material and General Contractor Warranty 23 ’10. Surveys, Permits, Fees, Notices, and Tests 22 ’11. Protection of Work, Property, Employees and Public 25 ‘12. Inspection of Work/ Defective or Incomplete Work / Special Inspections 27 ‘13. Royalties and Patents 27 ‘14. Changes in the Work/ Change Orders 31 ’15 Project Records 31 ’16. Delays and Extensions of Time 35 ’17 Subcontractors 36 ’18. Payment 39 ’19. Completion 45 ’20. Correction of Work 46 ’21. Suspension of Work 47 ’22. Termination 48 ’23. Indemnification 48 ’24. Insurance 50 ’25. Performance and Payment Bonds 51 ’26. Claims by the Contractor/Concealed Conditions/Disputes 52 ’27 Liens 52 ’28 Assignments 53 ’29 Separate Contracts 53 ’30 Allowances 53 ’31. Project Meetings 55 ’32 Miscellaneous Provisions Regarding Contractor’s Work 56 ’33 Apprentices 56 ’34. Nondiscrimination in Employment 55 ’35. Affirmative Action; Reporting Requirements 57 ‘36 Access to Records 58 ‘37 Commonwealth Project Forms and other Web links

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Articles ‘1. Definitions of Terms

Wherever used in these General Conditions or in other Contract Documents, the following terms have the meaning indicated which are applicable to both the singular and plural thereof:

‘1.1 Addenda Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. An Addendum supersedes related provisions of the Contract Documents which are clarified, corrected or changed by the addenda.

‘1.2 Agency or Using Agency, defined by KRS 45a.030, and is the state government entity which utilizes the Work being contracted. The Agency is a “client” of the Owner and advises the Owner of the needs, requirements and desires of the Agency related to the project. The Owner consults with the Agency on matters related to the Project. The Agency does not possess the legal authority of the Owner (see KRS 45a.045).

‘1.3 Architect, Engineer or Consultant (A-E) is the person or entity, either a registered Architect, Registered Engineer, or Consultant, who is identified as such in the Contract Documents and on the drawings or any replacement Registered Architect, Registered Engineer, or consultant identified by the Owner. The A-E is a separate contractor and not an agent of the Owner. The term includes any associates or consultants employed by the A-E to assist in providing the required professional services to the Owner.

‘1.4 Certification of Payment is the Owner’s Progress Payment Forms, DOA-24 and DOA-25. All Payments made to the Contractor under this contract shall be on the appropriate Owner’s Progress Payment Form.

‘1.5 Change Order means a written order to the Contractor executed by the Owner and the A-E after execution of the Contract, directing a change in the Work and may include a change in the Contract Price or the Contract Time, or any combination thereof. There shall be no authorized changes in the Work, which affect either Contract Price or Contract Time, without a fully executed Change Order, except as provided elsewhere herein.

‘1.6 Contract is the legal relationship, duties and obligations between the Owner and Contractor as evidenced by the Contract Documents for the Project.

‘1.7 Contract Time is the number of calendar days between the Date of Commencement and the dates set for Substantial Completion and Final Completion of the Work, including any adjustments thereto, all as established in the Contract between Owner and Contractor

‘1.8 Contract Documents include the Invitation for Bids, the Instructions to Bidders, the Payment and Performance Bonds, the General Conditions, the Special or Supplemental Conditions, the drawings, specifications, solicitation addenda, the contractors response to the solicitation, any written clarification of the response, the award document containing the Agreement between Owner and Contractor, and modifications issued after execution of the Contract. Modifications include (1) Change Orders issued as provided in Article 14, and (2) Field Orders for minor changes in the work issued by the A-E as provided in Article 14. Documents not included or expressly contemplated in this Paragraph, 1.8, do not, and shall not, form any part of the Contract between the Owner and the Contractor.

‘1.9 Contract Sum means the sum stated in the Contract including any authorized adjustments thereto and is the total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents.

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‘1.10 Contractor or General Contractor means the person or entity with whom the Owner has executed the Contract for construction. The Contractor may also be referred to as General Contractor.

The Contractor shall hold his subcontractors, suppliers and others under his employ or contract to the terms and conditions of the Contract Documents.

‘1.11 Damages for untimely performance means a calculated monetary amount to be paid to the Owner, based on real costs which the Commonwealth incurs, due to the Contractor's failure to complete the Work within the allowable time identified in the Contract Documents. This term may also be referred to as “Liquidated Damages” where the actual cost of damages for untimely performance cannot be readily calculated and a definite sum is predetermined to be paid to the Owner. The amount of Liquidated Damages shall be defined in the Special Conditions of this Project.

‘1.12 Date of Commencement is the date specified in the Contract as the date upon which the Contractor is authorized to begin work. The Contract Time as set forth in paragraph 1.7 is determined using this Date of Commencement as the starting date.

‘1.13 DECA Project Manager means the person(s) delegated authority to act on behalf of the Owner.

Such person(s) is employed by the Owner, DECA's Project Manager(s) will be designated at the Pre- Construction Meeting. DECA reserves the right to change its designated Project Manager(s) at any stage of the Work, for the sole purpose or benefit of the Commonwealth.

‘1.14 Delay means an event that causes an increase in the duration of the Project, or that changes the sequence of the Work or individual Work activities, thereby preventing completion of the Project within the time period specified in the Contract Documents. An event that does not cause an increase in the duration of the Project or prevents the completion of the Project within the time period specified in the Contract Documents, such as an event that is not on the critical path of the project schedule, is not a delay under this Contract.

‘1.15 Direct Expenses is defined as “All items of expenses directly incurred by or attributable to a specific project, assignment or task” and “Direct costs consist of direct materials, direct labor, subcontract costs, and other miscellaneous direct costs such as bonding and equipment rentals, that are directly related to and can be specifically attributed to an individual contract.”

‘1.16 Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued , showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. Where it is obvious that a drawing illustrates only a part of the given work or of a number of items, the remainder shall be deemed repetitious and so construed.

‘1.17 Document Collaboration is the Owner’s web-based document collaboration system that shall be used by all project participants for the submission, transmittal, transfer, review, approval, processing of all documents related to this project. Where the General Conditions, the technical specifications, or the Contract for Construction indicates that a submission of documents is required, this submission shall be through the Owner’s Document Collaboration System.

‘1.18 Extra Work as used in Article 14 is defined as Work not part of the existing Contract Documents which is being added to the Contract by a fully executed Change Order.

‘1.19 A Field Order is a written order issued by the A-E which clarifies or interprets the Contract Documents, or orders minor changes in the Work which does not require a change under Article 14.

Field Orders are issued to the Contractor through the Owner’s Document Collaboration System. Field Orders are also called A-E’s Supplemental Instructions (ASIs).

‘1.20 Final Completion is defined as the Work being acceptable under the Contract Documents and the Contract fully performed in accordance with the terms and conditions of the Contract Documents and the entire payment balance due the Contractor is due and payable.

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‘1.20.1 Final Completion Date shall have the meaning as described to it in Article ‘19.5.

‘1.21 Notice of Intent to Award is a written letter issued to the apparent successful contractor after acceptance of bid price, unit prices, subcontractors and equipment and materials to inform them of such acceptance and request the required additional documentation to initiate the Contract. This is NOT an authorization to proceed.

‘1.22 Owner means the Commonwealth of Kentucky, acting through the Finance and Administration Cabinet and its Administrative Agent, the Department for Facilities and Support Services, Division of Engineering and Contract Administration. The Owner is represented solely by the Division of Engineering and Contract Administration. The Owner is represented by the DECA Project Manager for the specific Project.

‘1.23 The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by other Contractors, working under separate Contract with the Owner.

‘1.24 Resident Observer means an individual who has a direct contract with the A-E to observe and report on activities at the work site. A Resident Observer employed by the A-E is not authorized to serve as the Owners Representative, unless so designated by the Owner in writing.

‘1.25 Retainage means money earned by a contractor for work accepted by the Owner, but withheld to ensure proper performance by the contractor. Retainage is further defined in Article ‘18.

‘1.26 Shop Drawings means drawings, completion diagrams, schedules, and other data specially prepared for the Work by the Contractor or any Subcontractor, lower tier subcontractors, manufacturer, supplier, or distributor to illustrate some portion of the Work. Shop Drawings and other submittals from the Contractor to the A-E shall be transmitted through the Owner’s Document Collaboration System. Unless other requirements are indicated in the Special Conditions for this project or unless otherwise permitted by the A-E in writing, all shop drawings required by the Contract Documents shall to be submitted to the A-E for review and acceptance within the time indicated below:

‘1.26.1 For Projects of less than 180 calendar day duration: thirty (30) calendar days of the Date of Commencement.

‘1.26.2 For Projects of more than 181 calendar days and less than 360 calendar days duration: less than sixty (60) calendar days of the Date of Commencement.

‘1.26.3 For Projects of more than 361 calendar days duration: less than ninety (90) calendar days of the Date of Commencement.

‘1.26.4 In circumstances where a specific shop drawing required by the Contract Documents cannot reasonably be submitted to the A-E for review and acceptance, the Contractor shall notify the A-E in writing within the time periods indicated above for submission, and if the A-E finds it reasonable to waive this submission time period requirement, the A-E may do so in writing.

‘1.26.5 In circumstances where a specific shop drawing required by the Contract Documents cannot be reasonably reviewed by the A-E within the time prescribed elsewhere in the Contract Documents, the A-E shall notify the Contractor in writing prior to the date required for the review of the reasons for the time needed for reviewing the Shop Drawing.

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‘1.27 Specifications are the descriptive and written portions of the Contract Documents, wherever located and whenever issued, that describe the quality and performance of building materials and systems, using code citations and published standards. The drawings and specifications are complementary, together providing the information required for a complete facility. However, the specifications overrule the drawings where there is a conflict or contradiction. However, the Contractor shall inquire of the A-E for a determination of the resolution of the conflict or contradiction.

‘1.28 Subcontractor means the person or entity having a direct contract with the Contractor for the performance of a part of the Work. The Owner has no direct contractual relationship with the subcontractor.

‘1.29 Substantial Completion is the point at which, as certified in writing by the A-E and accepted by the Owner that the Project is: 1) at a level of completion in strict compliance with the Contract (see article ‘19.4 for a complete listing of requirements for compliance); 2) all necessary approvals by public authorities has been given; and, 3) that the Owner or the Agency can enjoy beneficial use or occupancy and can use, operate and maintain (the Owner has received all required warranties and documentation) it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete and such partial use or occupancy shall not be evidence of Substantial Completion.

‘1.29.1 Substantial Completion Date shall have the meaning as described to it in Article 19.

‘1.30 Warranty, General. The Contractor shall warrant all equipment, materials, products, and workmanship provided by the Contractor under these Contract Documents for a period of twelve

(12) months after the Date of Final Completion. This period of time is called the One-Year Warranty Period and is further defined in Article 9.2.

‘1.31 The Work includes the construction and services required by the Contract Documents, whether completed or partially completed, and includes all labor, supervision, materials, equipment, services, and things provided or to be provided by the Contractor to fulfill the Contractor’s obligations.

‘2. Intent and Interpretation

The A-E shall be the authority of the Contract Documents as to their intent or interpretation, except as defined below and/or as provided in paragraph 3.4.

‘2.1 Anything that may be required, implied or inferred by the documents which make up the Contract, or any one or more of them, shall be provided by the Contractor for the Contract Sum;

‘2.2 Nothing contained in the Contract Documents shall create, nor be interpreted to create, privity or any other relationship whatsoever between the Owner and any person except the Contractor;

‘2.3 When a word, term, or phrase is used in the Contract Documents, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage;

‘2.4 The words “include”, “includes”, or “including”, shall be deemed to be followed by the phrase, “without limitation”.

‘2.5 The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of the resulting Contract shall not imply that any

General Conditions – General Contractor Page 7 other, non-specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of the resulting Contract;

‘2.6 In the event of any conflict, discrepancy, or inconsistency, the following shall control:

‘2.6.1 As between figures given on plans and scaled measurements, the figures shall govern; When two or more figures given on the plans are in conflict, the Contractor shall inform the A-E of such conflict immediately and the A-E shall clarify the correct figure to be used. The Contractor shall not proceed with any work related to the figures in conflict until the A-E has provided this clarification.

‘2.6.2 As between large scale plans and small scale plans, the large scale plans shall govern;

‘2.6.3 As between plans and specifications, the requirements of the specifications shall govern; When there is a conflict between the plans and specifications, the Contractor shall inform the A-E of such conflict immediately and the A-E shall clarify the correct interpretation to be used. The Contractor shall not proceed with any work related to the conflict until the A-E has provided this clarification.

‘2.6.4 When any conflict, discrepancy, or inconsistency exists as described in Article ‘2.6, and when there is a necessary determination by the A-E, with agreement by the Owner, that the provisions indicated above do not result in the proper interpretation and resolution of the conflict, the A-E may provide written directive as to how the conflict is to be resolved.

‘2.6.4.1 When such written directive, as indicated in ‘2.6.4 results in a cost difference to properly resolve the conflict, discrepancy, or inconsistency, a cost adjustment may be determined by the A-E to be appropriate.

‘2.6.4.2 The Contractor shall notify the A-E/ Owner of his proposed necessity of a cost difference result within fourteen (14) calendar days of the receipt of the directive to resolve the conflict.. However, should the Contractor proceed with the work related to the conflict resolution without written notice of the proposed cost difference to the A-E within the prescribed time, no cost adjustment will be granted.

‘2.7 Meaning of Execution. Execution of the Contract Documents by the Contractor is a representation that the Contractor has thoroughly examined the site of the Work, become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents.

‘2.7.1 Execution of the Contract Documents is a further representation that Contractor has received, reviewed and carefully examined all of the Contract Documents, and has found them in all respects to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, the Contractor is fully qualified to act as the contractor for the Project and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the contractor for, and to construct the Project.

‘2.8 Prior Agreements. The Contract Documents supersede any and all prior discussions, communications, representations, understandings, negotiations or agreements between the Owner and the Contractor and the Agency and the Contractor.

‘2.9 Contractor’s Performance. The Contractor shall perform all of the Work required, implied or reasonably inferable from the Contract including, but not limited to, the following:

‘2.9.1 Construction of the Project;

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‘2.9.2 The furnishing of any required surety bonds and insurance;

‘2.9.3 The provision or furnishing, and prompt payment therefor, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, fuel, heat, light, cooling, or other utilities, required for construction and all necessary building permits and other permits required for the construction of the Project;

‘2.9.4 The creation and submission to the A-E of detailed and comprehensive record drawings and specifications, depicting all as-built construction. Said as-built drawings shall be submitted to the Owner by the A-E upon Final Completion of the Project and receipt of same by the Owner shall be a condition precedent to final payment to the Contractor and to the A-E.

‘2.10 Time. All limitations of time set forth in the Contract Documents are material and are of the essence of the Contract. The Contractor shall execute the work in such a manner as consistent with the limitations of time set forth. The Contractor shall make reasonable progress on the completion of the Work on a continual and consistent basis. Any failure of the Contractor to execute the Work in a timely manner consistent with the limitations of time set forth in the Contract Documents may be deemed at a Material Breach of Contract.

‘2.11 Intent of Contract Documents. The intent of the Contract Documents is to include all items necessary for the proper completion of the Work by the Contractor. Labor or materials which are evidently necessary to produce the desired results, even though not specifically mentioned in the Contract Documents, shall be included in the Work. The A-E is the interpreter of the Contract Documents and where any clarification regarding interpretation of the Documents is required the A-E shall be notified in writing pursuant to paragraph 2.13 below.

‘2.12 Contract Documents Complementary, etc. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. In case of conflicts between the various Contract Documents, the order of precedence shall be as follows: (1) Addenda, (2) Special Conditions, (3) General Conditions, (4) Division 1 - General Requirements of the Specifications; (5) Technical provisions of the Specifications; (6) Drawings.

‘2.13 Questions to A-E. In the event a question arises regarding the meaning or intent of the drawings and specifications, the Contractor shall report it at once to the A-E by the submission of a Request for Information through the Owner’s Document Collaboration System. The A-E shall furnish, with reasonable promptness, as defined by the Contract between the Owner and the A-E, additional instructions, by means of drawings or otherwise, necessary for the proper execution of the work, consistent with the requirements of Article 3.

‘2.14 Paragraph, titles, headings, and drawing numbers are for convenience only and form no operative part of the Contract. The General Contractor, and by the “flow down” provisions of these General Conditions, every subcontractor, shall provide all Work defined, identified, enumerated, specified or otherwise indicated to be provided by the Contract Documents.

‘3. The Architect, Engineer, Consultant (A-E)

Unless otherwise directed by the Owner in writing, the A-E shall perform those duties and discharge those responsibilities allocated to the A-E in the Contract Documents. The duties, obligations and responsibilities of the A-E shall include, but are not limited to, the following:

‘3.1 Owner’s Representative. The A-E will be the Owner’s Agent during construction, through issuance of final payment, and during the contractor’s One Year Warranty period. The A-E will advise and consult with the Owner. In the event the Owner should find it necessary or

General Conditions – General Contractor Page 9 convenient to replace the A-E, the Owner shall retain a replacement A-E and the role of the replacement A-E shall be the same as the role of the A-E.

‘3.2 Communication through A-E. Except as otherwise provided in the Contract Documents, the Owner’s instructions to the Contractor shall be through the A-E and the Contractor’s communications with the Owner shall be through the A-E. Should the contractor act on communications from any other entity, other than through the A-E, he is acting at his own risk and may be required to reverse the actions taken as his own expense.

‘3.2.1 All documents related to this project shall be submitted, transmitted, transferred, reviewed, approved or rejected, and/or otherwise processed using the Owner’s Document Collaboration System which is the Owner’s web-based document collaboration system that shall be used by all project participants. No submission, transmittal, transfer, review, approval or processing shall be deemed Official without the use of this system.

‘3.2.1.1 All documents transmitted for purposes of administration of the Contract are to be in electronic (PDF) format and transmitted via the Commonwealth’s Document Collaboration System that receives, logs and store documents, processes documents through workflows and notifies addressees via email.

3.2.1.2 The A-E/ Engineer and the Contractor are required to become familiar with this system, to use this for all official transmittal of information pertaining to this project, and to respond to the requirements of this system within a reasonable time as defined elsewhere herein and/or by the terms of their Contract with the Owner.

3.2.1.2.1 Training: The Owner has an agreement with the service provider of the Document Collaboration System to provide training, support and assistance to users of the system via a web-based training session which can be arranged upon request. Further training as may be required by a specific user of the system is the responsibility of the user of the system.

‘3.3 Review of Work. The A-E shall approve, or respond otherwise, in a timely manner, as defined by the Contract between the Owner and the A-E, as necessary concerning shop drawings or other submittals received from the Contractor. Should the A-E have reasonable cause to be unable to approve, or respond otherwise to submissions from the Contractor, the A-E shall provide written explanation of the reasonable cause within the timely manner, as defined by the Contract between the Owner and the A-E.

‘3.3.1 The A-E shall be authorized to refuse to accept work which is defective or otherwise fails to comply with the requirements of the Contract. The A-E shall refuse the work in writing when he deems it necessary to refuse the work. If the A-E deems it appropriate, the A-E shall be authorized to call for extra inspection or testing of the work for compliance with requirements of the Contract.

‘3.3.1.1 The costs of the extra inspection or testing shall be paid by the Contractor, unless the results of the extra inspection or testing find that the work was originally in conformance with the Contract requirements and that the extra inspection or testing was not necessary. A reduction in the Contract Sum shall be provided by Change Order to reimburse the Owner for the costs of the extra inspection or testing.

‘3.3.1.2 In cases where the Contractor covers up work that is required by the Contract Documents to be inspected or tested prior to the inspection or testing, the cost of uncovering the work and performing the inspection or testing shall be at the

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Contractor’s expense even if the work is found to have been originally in conformance with the Contract Documents. A reduction in the Contract Sum shall be provided by Change Order to reimburse the Owner for the costs of the extra inspection or testing.

‘3.3.2 The A-E shall review the Contractor’s Payment Requests and shall approve in writing those amounts which, in the opinion of the A-E, are properly owing to the Contractor as provided in the Contract. The A-E shall perform this review, approval and submission of his recommendation to the Owner, within ten (10) business days of receipt of the Payment Request from the General Contractor.

‘3.3.3 The A-E shall perform those inspections required by the Owner.

3.4 Interpretation of Contract Documents. The A-E shall be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by the Contractor, subject to the provisions of Article 26.

‘3.4.1 Claims, disputes, and other matters in question that arise relating to the execution or progress of the Work shall be referred initially to the A-E for decision, which he will render in writing within a reasonable time, as defined by the Contract between the Owner and the A-E.

‘3.4.2 Should the Contractor find disagreement with the A-E as to the proper interpretation of the Contract Documents or other decision of the A-E, he must refer the A- E’s decision to the Director of the Division of Engineering in writing within seven (7) days.

The Director of the Division of Engineering will then discuss and negotiate the A-E’s decision with the A-E to seek reasonable resolution of the matter. Following these discussions and negotiations, the A-E’s initial decision or revised decision shall be binding, unless the Contractor appeals the A-E’s initial or revised decision to the Secretary of the Finance and Administration Cabinet in accordance with the provisions of Article 26.

‘3.4.3 Should the Director of the Division of Engineering find disagreement with the A-E as to the proper interpretation of the Contract Documents or any other decision of the A-E, the Director of the Division of Engineering may appeal the A-E’s initial or revised decision to the Secretary of the Finance and Administration Cabinet in accordance with the provisions of Article 26.

‘3.4.4 The A-E shall have authority to reject Work which does not conform to the Contract Documents. In the event of rejection, the A-E may recommend in writing withholding payment to the Contractor for the rejected Work, and such recommendation shall give the Owner the authority to withhold payment for such Work.

‘3.5 Review of Shop Drawings, etc. The A-E shall review and approve, or take other appropriate action upon Contractor’s submittals (such as Shop Drawings, product data, and samples) for conformance with the design concept and the information given in the Contract Documents. Such action shall be taken with reasonable promptness, as defined by the Contract between the Owner and the A-E, so as to cause no delay. The A-E may determine concurrently with the Contractor the timing and scheduling of the A-E’s Review, with the understanding that some submittals are more critical to the Critical Path of the Completion of the project than others.

‘3.5.1 The A-E’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. The A-E’s approval of Shop Drawings or samples shall not relieve the Contractor from his responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has in writing called the A-E’s attention to such deviation at the time of submission and the A-E has given written approval to the specific deviation, nor shall any approval by the A-E relieve the Contractor from responsibility for errors or omissions in the Shop Drawings.

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‘3.5.2 If, for any reason, any item specified and approved by the A-E as a shop drawing submittal, will not be available when needed in the course of the work, and Contractor can show he has made a reasonable, persistent effort to obtain item in question, the Contractor is to notify the A-E in writing, immediately, and the A-E will either determine the source of the supply or arrange with the Owner for appropriate substitution, within the terms of the Contract. Otherwise, the Contractor will not be excused for delays in securing materials or products specified, and will be held accountable if completion of the project is thereby delayed.

‘3.6 Preparation of Change Orders. The A-E, in consultation with the Owner, shall prepare Change Orders. The A-E shall also have authority to order minor changes in the Work as provided in Article 14.2.

‘3.7 Final Inspections, Certification. The A-E, in consultation with the Owner, shall conduct inspections to determine the dates of Substantial Completion and Final Completion. The A-E shall also receive and forward to the Owner, for the Owner’s review, written warranties and related documents required by the Contract and assembled by the Contractor.

‘3.8 The A-E shall review the Contractor’s Payment Requests and shall approve in writing those amounts which, in the opinion of the A-E, are properly owing to the Contractor as provided in the Contract. The A-E will perform this review, approval and submission of his recommendation to the Owner, within ten (10) business days of receipt of the Payment Request from the Contractor.

3.8.1 When there is reasonable justification that causes the A-E to be unable to perform this review, approval and submission of his recommendation to the Owner within the time prescribed in paragraph 3.8 above, the A-E will notify the Contractor in writing as to the justification and as to the time that will be required for this review, approval and submission of his recommendation to the Owner.

‘3.8.2 The Contractor may submit no more than one (1) payment request each thirty

(30) calendar day period, except where specifically agreed by the Owner that additional payment requests may be submitted within the thirty (30) calendar day period for reasons consistent with the Contractor’s performance of the Contract.

‘3.9 The A-E, in consultation with the Owner, shall be authorized to require the Contractor to make changes or deviations in the work which do not involve a change in the Contract Sum or in the Contract Time for the Contractor’s performance consistent with the intent of the Contract. The A-E shall make such changes or deviations in the work by written Field Order.

‘3.10 The duties, obligations and responsibilities of the Contractor under the Contract shall in no manner whatsoever be changed, altered, discharged, released, or satisfied by any duty, obligation or responsibility of the A-E. The Contractor is not a third-party beneficiary of any Contract by and between the Owner and the A-E. It is expressly acknowledged and agreed that the duties of Contractor to the Owner are independent of, and are not diminished by, any duties of the A-E to the Owner.

‘3.11 The duties, obligations and responsibilities of both the A-E and the Contractor, under their respective Contracts, shall in no manner whatsoever be changed, altered, discharged, released, or satisfied by any duty, obligation or responsibility of the Resident Observer. It is expressly acknowledged and agreed that the duties of Contractor and/or A-E to the Owner are independent of, and are not diminished by, any duties of the Resident Observer to the A-E/Owner. A copy of the Resident Observers Duties, Responsibilities and Limitations

General Conditions – General Contractor Page 12 are enumerated in the DECA Procedures Manual, are to be discussed at the Pre-Construction Meeting and are by reference made a part of these General Conditions.

‘4. Construction Schedule

The Contractor, within fifteen (15) days of the Date of Commencement shall prepare and submit for the Owner and A-E’s approval a construction schedule for completing the Work.

This submission shall be transmitted through the Owner’s Document Collaboration System. The schedule shall indicate the starting and completion dates of the various stages of the Work, shall not exceed time limits established by the Contract Documents for the various stages of Work, shall be updated monthly and furnished to the Owner and A-E, shall be related to the Work of any other contractors on the Project to the extent required by the circumstances, and shall provide for expeditious and practicable execution of the Work. Progress Payments to the Contractor are contingent upon receipt of the updated monthly project schedule and schedule of submittals.

‘4.1 Time Frame of Schedule: Extend schedule form date established for commencement of the Work (the Notice of Award or Notice to Proceed) to Substantial Completion, to Final Completion, and indicating all critical milestones along the time of the schedule.

‘4.1.1 Work by Owner: Include a separate activity for each portion of the Work to be performed by the Owner or by others working under separate contract with the Owner.

‘4’1.2 Products Ordered in Advance: Include a separate activity for each product pre-ordered by the Owner. Include the delivery date indicated in the Special Conditions or as relayed to the Contractor from the Owner.

‘4.1.3 Work Restrictions and “blackout dates”: Show the effect of specified work restrictions and “blackout dates” as defined in the Special Conditions.

‘4.1.4 Commissioning: Show separate activities for each building system to receive commissioning by others working under separate contract with the Owner, allowing sufficient time for functional startup, commissioning, correction of commissioning issues and final commissioning. Note: Commissioning must be accomplished in its entirety by the Date of Substantial Completion.

‘4.1.5 Testing and Balancing: Show separate activity for testing and balancing by others working under separate contract with the Owner. Note: Testing and Balancing must be accomplished in its entirety by the Date of Substantial Completion.

‘4.2 The original schedule shall be accompanied by a proposed schedule of values as described in Article 18.1. The original Project Schedule, Schedule of Submittals and the Schedule of Values are to be submitted to the A-E, reviewed and accepted by the A-E and the Owner, prior to submittal of the first Progress Payment. No payment will be made to the Contractor without an approved Schedule of Values and a Project Schedule.

‘4.2.1 The original schedule shall show the project being completed on the established Date of Substantial Completion. To do this, the Contractor shall include in the flow of work any existing “float” which may be identified during the layout of the project schedule.

‘4.2.2 The Contractor acknowledges that all float (including Total Float, Free Float, and Sequestered Float) is a shared commodity available to the Project and is not for the exclusive benefit of any party; float is an expiring resource available to accommodate changes in the Work, however originated, or to mitigate the effect of events that may delay performance or completion of all or part of the Work.

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‘4.3 The Contractor shall promptly notify the A-E and Owner if the Contractor is materially ahead of, or behind the updated construction schedule. Failure to so notify the A-E and Owner shall relieve the Owner from liability for damages caused by delay or impact. Strict compliance with the requirements of this article shall be a condition precedent to payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of the Contract.

‘4.3.1 On projects where a CPM schedule is required, the Contractor shall report on the status of any “float”, including the addition of “float”, the use of “float”, and the anticipation of the use of “float” at each project Progress Meeting.

‘4.4 For projects with a Contract Sum of $1,000,000 or greater the schedule shall be in critical path method (CPM) format. The schedules shall include all activities necessary for performance of the work showing logic (sequences, dependencies, etc.) duration of each activity with the critical path highlighted. The schedules shall include, but not be limited to, submittal processing and review time required by the A-E, fabrication and delivery of materials, construction, testing clean-up, work and/or materials to be provided by the Owner, dates and durations for major utility outages requiring coordination with the Owner and the Owner’s operations, and significant milestones related to the completion of the Project.

‘4.4.1 For projects where the CPM format is required for schedules, any subsequent adjustment, modification or change in the schedule shall include an indication of the original Critical Path and the adjustment, modification, or change shall clearly delineate the adjustment, modification or change in the schedule and shall be accompanied by a written statement of the cause and reason for the adjustment, modification or change.

‘4.4.2 For projects where the CPM format is required for schedules and subsequent adjustment, modification or change in the schedule does not include the information required by paragraph 4.3.1 above, the revised schedule shall be rejected and payment of the Contractor’s General Conditions costs suspended until this provision is complied with satisfactorily.

‘4.5 Work Hours on site shall be coordinated with the A-E, Owner and Using Agency and shall be initially defined and scheduled at the Pre-Construction Conference, adjusted by notification to the A-E, Owner and Using Agency during each monthly Progress Meeting, and shall comply with the following criteria:

‘4.5.1 Generally, work hours on site shall be from 7am to 4pm, weekdays, unless otherwise defined in the Special Conditions. However, unless restricted or modified by the Special Conditions, the Contractor may propose a different work hour schedule up to 24/7/365 with acceptance by the Owner.

‘4.5.2 The Contractor shall have job site supervision on site during any work hours scheduled and/or any extended work hours accepted by the Owner.

‘5. Shop Drawings; Submittals

‘5.1 Schedule for Submittals. Prior to submission of the first application for payment and in sufficient time to allow the A-E reasonable time for review, the Contractor shall submit to the A-E a schedule of submittals which shall be coordinated with the construction schedule. This submission shall be transmitted through the Owner’s Document Collaboration System. The Contractor shall keep the schedule of submittals current and present an updated schedule of submittals at each project progress meeting. This schedule of submittals shall contain anticipated and actual dates of the submittal of shop drawings and shall be consistent with the requirements for scheduling submittals defined in Article 1.26 of these General Conditions.

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‘5.2 Submittals of Shop Drawings, Samples, etc. The Contractor shall review, approve, and submit Shop Drawings, samples, and product data in accordance with the approved schedule as herein detailed.

‘5.2.1 The Contractor’s stamp of approval on any Shop Drawing or sample shall constitute a representation to Owner and A-E that the Contractor has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, or he assumes full responsibility for doing so, and that he has reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents.

‘5.2.2 The A-E shall review and approve, with reasonable promptness as defined by the Contract between the Owner and A-E, the Shop Drawings, or return for corrections as required. The review and approval shall be for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The approval of a separate item will not indicate approval of the assembly in which the item functions.

‘5.2.3 The Contractor shall make any corrections required by the A-E for compliance to the Contract and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until approved. The Contractor shall direct specific attention, in writing, or on resubmitted Shop Drawings, to revisions other than the corrections called for by the A-E on previous submissions.

‘5.2.4 Where a Shop Drawing or sample submission is required by the specifications, no related work shall be commenced until the submission has been approved by the A-E.

A copy of each approved Shop Drawing and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the A-E, Owner and Resident Observer.

‘5.2.5 The A-E’s approval of Shop Drawings or samples shall not relieve the Contractor from his responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has in writing called the A-E’s attention to such deviation at the time of submission and the A-E has given written approval to the specific deviation, nor shall any approval by the A-E relieve the Contractor from responsibility for errors or omissions in the Shop Drawings.

‘5.2.5.1 Conflicting Requirements: If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement.

Refer uncertainties and requirements that are different, but apparently equal, to the A-E for decision before proceeding with the work.

‘5.2.6 The Contractor shall maintain a submittal log which shall include, at a minimum, the date of each submittal, the date of any resubmittal, the date of any approval or rejection, and the reason for any approval or rejection. The Contractor shall provide copies of this submittal log with the current status of submittals clearly indicated therein to the A-E and the Owner at each progress meeting until such time as all submittals are complete and accepted.

‘5.3 Photographic Documentation: Provide Pre-Construction Photographs, Construction Progress Photographs and Substantial Completion construction photographs. Submit photographs in the Owner’s Document Collaboration System with a key plan or description of the location of the photograph taken.

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‘5.3.1 Pre-Construction Photographs: Take a minimum of 20 photographs to show existing conditions of the project site and adjacent property prior to the start of construction activities. Take additional photographs as necessary to adequately document the existing physical conditions of all improvements to the project site or adjacent property that might be affected by the activities of construction.

‘5.3.2 Construction Progress Photographs: Take a minimum of 10 photographs DAILY to document the progress of construction. Take additional photographs as necessary to adequately document the progress of construction indicating all key elements of the construction and any significant progress.

‘5.3.3 Substantial Construction Photographs: Take a minimum of 20 photographs to show conditions of the project site and adjacent property at the time of substantial completion of the work at the conclusion of construction activities. Take additional photographs as necessary to adequately document the current physical conditions of all improvements to the project site or adjacent property that might have been affected by the activities of construction.

‘6. Documents and Samples at the Site

Unless otherwise provided in the Contract Documents, the General Contractor shall print and copy any drawings and specifications as are reasonably necessary for the execution of the Work. Each Subcontractor shall have the ability to download the entire set of drawings and specifications at its option, however, every Subcontractor shall be responsible for the scope of their work indicated in any location throughout the drawings and specifications. There is NO GUARANTEE of the division of the scope of work to specific specifications sections or specific drawings.

‘6.1 The Contractor shall maintain at the site one record copy of the drawings, specifications, addenda, Change Orders and other modifications, in good order and marked currently to record changes and selections made during construction. Unless otherwise directed, the Contractor shall also keep approved Shop Drawings, product data, samples and similar required submittals on hand.