Contract Revisions

The following revisions have been made as of July 1, 2015:

(Architect/Engineer Agreement D/B/D SC-5.1)

TABLE OF CONTENTS, format has been adjusted and detail added to align with other contracts.

FIRST PAGE, “Agency I.D. Number” has been changed to “Department ID” and, “Contract Encumbrance Number” has been deleted.

ARTICLE 1. BASIS OF COMPENSATION, 1.1.2, the paragraph has been revised as follows; “Payments to the Architect/Engineer shall be made monthly based upon Architect/Engineer's performance and progress, through a properly executed Application for Payment (SC-7.1). Payments shall be due per § 24-30-202(24) (correct notice of amount due), within forty-five (45) days of receipt by the Principal Representative of the Applications for Payment.”

 

(Architect/Engineer Agreement Terms and Conditions SC-5.1TC)

TABLE OF CONTENTS, format has been adjusted and detail added to align with other contracts.

 

(Architect/Engineer Agreement CM/GC SC-5.2)

TABLE OF CONTENTS, format has been adjusted and detail added to align with other contracts.

FIRST PAGE, “Agency I.D. Number” has been changed to “Department ID” and, “Contract Encumbrance Number” has been deleted.

ARTICLE 6. BASIS OF COMPENSATION, 6.1.2, the paragraph has been revised as follows; “Payments to the Architect/Engineer shall be made monthly based upon Architect/Engineer's performance and progress, through a properly executed Application for Payment (SC-7.1). Payments shall be due per § 24-30-202(24) (correct notice of amount due), within forty-five (45) days of receipt by the Principal Representative of the Applications for Payment.”

EXHIBITS, STATEWIDE CONTRACT MANAGEMENT SYSTEM, Performance Evaluation Form has been removed. Statutory requirements remain in “Miscellaneous Provisions”.

 

(Consultant Agreement SC-5.3)

TABLE OF CONTENTS, format has been adjusted and detail added to align with other contracts.

FIRST PAGE, “Agency I.D. Number” has been changed to “Department ID” and, “Contract Encumbrance Number” has been deleted.

ARTICLE 2. COMPENSATION, the end of the paragraph has been revised as follows; “Payments to the Consultant shall be made monthly based upon Consultant’s performance and progress, through a properly executed Application for Payment (SC-7.1). Payments shall be due per § 24-30-202(24) (correct notice of amount due), within forty-five (45) days of receipt by the Principal Representative of the Applications for Payment.”

EXHIBITS, STATEWIDE CONTRACT MANAGEMENT SYSTEM, Performance Evaluation Form has been removed. Statutory requirements remain in “Miscellaneous Provisions”.

 

(Contractor’s Design/Bid/Build (D/B/B) Agreements SC-6.21)

TABLE OF CONTENTS, format has been adjusted and detail added to align with the Design/Build Agreement and has also resulted in minor rewording of various paragraphs.

FIRST PAGE, “Agency I.D. Number” has been changed to “Department ID” and, “Contract Encumbrance Number” has been deleted.

EXHIBITS, STATEWIDE CONTRACT MANAGEMENT SYSTEM, Performance Evaluation Form has been removed. Statutory requirements remain in “Miscellaneous Provisions”.

 

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

TABLE OF CONTENTS, format has been adjusted and detail added to align with the Design/Build general conditions and has also resulted in minor rewording of various paragraphs.

GENERAL NOTES, the term “work” has been capitalized and is now “Work” throughout the document.

ARTICLE 1. DEFINITIONS, B. DEFINITIONS OF WORDS AND TERMS USED, the following terms have been added: “Fixed Limit of Construction Cost”, “Project”, “Schedule of Values”, “Subcontractor” and “Value Engineering”.

ARTICLE 7. CONTRACTOR’S SUPERINTENDENCE AND SUPERVISION, language has been added directing the Contractor to employ and keep present (as applicable) on the Project a competent Project Manager as approved by the Principal Representative.

ARTICLE 31, APPLICATIONS FOR PAYMENTS, A. CONTRACTOR’S SUBMITTALS, the  “thirty day (30)” payment period language has been changed to “shall be due per § 24-30-202(24) within forty-five (45) days of receipt by the Principal Representative of applications for payment that have been certified by the Architect/Engineer as the correct notice of amount due”.

 

(Design/Build Lump Sum (LS) Agreement SC-8.0)

TABLE OF CONTENTS, format has been adjusted and detail added to align with other contracts.

TABLE OF CONTENTS, ARTICLE 2, DESIGN/BUILD ENTITY’S SERVICES, PRE-CONSTRUCTION SERVICES, 2.3, “Cost Estimating” has been changed to “Design and Construction Costs”.

TABLE OF CONTENTS, ARTICLE 2, DESIGN/BUILD ENTITY’S SERVICES, PRE-CONSTRUCTION SERVICES, 2.4, “Other Pre-Construction Services” has been added.

TABLE OF CONTENTS, ARTICLE 2, DESIGN/BUILD ENTITY’S SERVICES, CONSTRUCTION SERVICES, 2.7, “Cost Control” has been changed to “Schedule and Coordination”.

TABLE OF CONTENTS, ARTICLE 2, DESIGN/BUILD ENTITY’S SERVICES, CONSTRUCTION SERVICES, 2.8, “Principal Representative Consultants” has been added.

TABLE OF CONTENTS, ARTICLE 4, TIME OF COMMENCEMENT AND COMPLETION, 4.2, “Time of Completion” has been changed to “Completion”.

TABLE OF CONTENTS, ARTICLE 5, Contract Sum, 5.1, “Lump Sum” has been changed to “Lump Sum Contract Price”.

GENERAL NOTES, the term “work” has been capitalized and is now “Work” throughout the document.

FIRST PAGE, “Agency I.D. Number” has been changed to “Department ID” and, “Contract Encumbrance Number” has been deleted.

ARTICLE 1. PERFORMANCE OF THE WORK, 1.1.7, paragraph has been added to address the Design/Build Entity’s relationship of trust and confidence with the Principal Representative.

ARTICLE 1. PERFORMANCE OF THE WORK, 1.1.8, paragraph has been added to address the Design/Build Entity’s Architect’s responsibilities to the Principal Representative.

ARTICLE 2, DESIGN/BUILD/ENTITY’S SERVICES, PRE-CONSTRUCTION SERVICES, 2.2.1.5, language has been added requiring the Design/Build Entity to lead a formal Value Engineering workshop.

ARTICLE 2, DESIGN/BUILD/ENTITY’S SERVICES, PRE-CONSTRUCTION SERVICES, 2.4, the section “Other Pre-Construction Services” has been added addressing, division of labor, drawing reviews, meeting attendance, Principal Representative purchasing and monthly reporting.

ARTICLE 2, DESIGN/BUILD/ENTITY’S SERVICES 2.5, DESIGN SERVICES, 2.5.4, language has been added directing the Design/Build Entity’s Architect to begin design

Services upon receiving the Notice to Proceed to Commence Design Phase Form SBP-8.26.

ARTICLE 2, DESIGN/BUILD/ENTITY’S SERVICES, CONSTRUCTION PHASE SERVICES, 2.6 CONTROL OF THE WORK 2.6.4, the section has been added directing the Design/Build Entity to provide and manage the project using approved Project Management Software and incorporating Critical-Path Method scheduling.

ARTICLE 2, DESIGN/BUILD/ENTITY’S SERVICES, CONSTRUCTION PHASE SERVICES, 2.7 SCHEDULE AND COORDINATION, 2.7.1, the section has been added directing the Design /Build Entity to begin construction Work upon receiving the Notice to Proceed to Commence Construction Phase SC-8.26. Additional language has also been added to address schedule management and coordination.

ARTICLE 2, DESIGN/BUILD/ENTITY’S SERVICES, CONSTRUCTION PHASE SERVICES, 2.8 PRINCIPAL REPRESENTAIVE CONSULTANTS 2.8.1, the section has been added to address the Design/build Entity assisting the Principal Representative in selecting and retaining professional services.

ARTICLE 2, DESIGN/BUILD/ENTITY’S SERVICES, CONSTRUCTION PHASE SERVICES, 2.9 START UP, 2.9.2 and 2.9.3, the section has been expanded to address commissioning and balancing of all systems.

EXHIBITS, STATEWIDE CONTRACT MANAGEMENT SYSTEM, Performance Evaluation Form has been removed. Statutory requirements remain in “Miscellaneous Provisions”.

 

(The General Conditions of the Design/Build Lump Sum (LS) Agreement SC-8.1)

TABLE OF CONTENTS, format has been adjusted and detail added to align with other contracts.

GENERAL NOTES, the term “work” has been capitalized and is now “Work” throughout the document.

ARTICLE 1. DEFINITIONS, B. DEFINITIONS OF WORDS AND TERMS USED, the following terms have been added: ”Bid Package”, “Consultant”, “Fast Track Construction”,  “Fixed Limit of Design & Construction Cost”, “Preconstruction”, “Project”, “Schedule of Values”, “Subconsultant”, “Supplier” and “Value Engineering”.

ARTICLE 7. DESIGN/BUILD ENTITY’S SUPERINTENDENCE AND SUPERVISION, language has been added directing the Design/Build Entity to employ and keep present on the Project a competent Project Manager as approved by the Principal Representative.

ARTICLE 12. REQUESTS FOR INFORMATION AND SCHEDULES B. SCHEDULES 1., language has been added directing the  Design/build Entity to  provide a detailed design phase schedule prior to receiving the Notice to Proceed to Commence Design Phase SC-8.26.

ARTICLE 31, APPLICATIONS FOR PAYMENTS, A. CONTRACTOR’S SUBMITTALS, the  “thirty day (30)” payment period has been revised to “shall be due per § 24-30-202(24) (correct notice of amount due), within forty-five (45) days of receipt by the Principal Representative of applications for payment that have been certified by the Architect/Engineer”.

 

(Design/Build Guaranteed Maximum Price (GMP) Agreement SC-9.0)

TABLE OF CONTENTS, format has been adjusted and detail added to align with other contracts.

TABLE OF CONTENTS, ARTICLE 3, DESIGN/BUILD ENTITY’S SERVICES, PRE-CONSTRUCTION SERVICES, 3.2, “Budgeting and Fixed Limit of Construction Costs” has been changed to “Consultation and Value Engineering”.

TABLE OF CONTENTS, ARTICLE 3, DESIGN/BUILD ENTITY’S SERVICES, PRE-CONSTRUCTION SERVICES, 3.3, “Cost Estimating” has been changed to “Design and Construction Costs”

TABLE OF CONTENTS, ARTICLE 3, DESIGN/BUILD ENTITY’S SERVICES, CONSTRUCTION SERVICES, “Supervision and Construction Procedures” and “Administration” have been deleted due to duplication with the General Conditions.

TABLE OF CONTENTS, ARTICLE 3, DESIGN/BUILD ENTITY’S SERVICES, CONSTRUCTION SERVICES, 3.7, Schedule Coordination and Cost Control” has been changed to “Schedule and Coordination”.

TABLE OF CONTENTS, ARTICLE 5, TIME OF COMMENCEMENT AND COMPLETION, 5.2, “Time of Completion” has been changed to “Completion”.

TABLE OF CONTENTS, SIGNATURE APPROVALS, the term “Signature Approvals” has been added.

TABLE OF CONTENTS, EXHIBITS, O and ARTICLE 2, EXHIBITS TO THE AGREEMENT, the exhibit “Approved Codes” has been changed to “Building Code Compliance Plan: Coordination of Approved Building Codes, Plan Reviews and Building Inspections”.

TABLE OF CONTENTS, Q and ARTICLE 2, EXHIBITS TO THE AGREEMENT, the exhibit has been deleted.

GENERAL NOTES, the term “work” has been capitalized and is now “Work” throughout the document.

FIRST PAGE, “Agency I.D. Number” has been changed to “Department ID” and, “Contract Encumbrance Number” has been deleted.

ARTICLE 1. PERFORMANCE OF THE WORK, 1.1.7, paragraph has been added to address the Design/Build Entity’s relationship of trust and confidence with the Principal Representative.

ARTICLE 3, DESIGN /BUILD ENTITY’S SERVICES, 3.3, PRE-CONSTRUCTION SERVICES, DESIGN AND CONSTRUCTION COSTS (FORMERLY COST ESTIMATING), paragraph on “Project Management Software” was moved to “3.6 Control of the Work”.

ARTICLE 3, DESIGN/BUILD/ENTITY’S SERVICES, PRE-CONSTRUCTION SERVICES, 3.4 OTHER PRE-CONSTRUCTION SERVICES, paragraph on “Cost Management” was deleted due to duplication with other contract language. Also, paragraph on “Subcontractors” was deleted due to duplication with the General Conditions.

ARTICLE 3, DESIGN/BUILD/ENTITY’S SERVICES 3.5, DESIGN SERVICES, 3.5.4, language has been added directing the Design/Build Entity’s Architect to begin design services upon receiving the Notice to Proceed to Commence Design Phase Form SBP-8.26.

ARTICLE 3, DESIGN/BUILD/ENTITY’S SERVICES, CONSTRUCTION PHASE SERVICES, 3.6 CONTROL OF THE WORK 3.6.4, the section has been inserted directing the Design/Build Entity to provide and manage the project using approved “Project Management Software”.

ARTICLE 6. COMPENSATION, 6.2 ADJUSTMENTS IN FEE, 6.2.1.1, the requirement prohibiting the Construction Manager to charge for additional fee if the Guaranteed Maximum Price is increased 6% or less due to Principal Representative directed changes in the Work has been removed.

EXHIBITS, STATEWIDE CONTRACT MANAGEMENT SYSTEM, Performance Evaluation Form has been removed. Statutory requirements remain in “Miscellaneous Provisions”.

 

(The General Conditions of the Design/Build Guaranteed Maximum Price (GMP) Agreement SC-9.1)

TABLE OF CONTENTS, format has been adjusted and detail added to align with other contracts.

GENERAL NOTES, the term “work” has been capitalized and is now “Work” throughout the document.

ARTICLE 1. DEFINITIONS, B. DEFINITIONS OF WORDS AND TERMS USED, the following terms have been added: ”Bid Package”, “Consultant”, “Fast Track Construction”,  “Fixed Limit of design & Construction Cost”, “Guaranteed Maximum Price”, “Preconstruction”, “Project”, “Schedule of Values”, “Subconsultant”, “Supplier” and “Value Engineering”.

ARTICLE 7. DESIGN/BUILD ENTITY’S SUPERINTENDENCE AND SUPERVISION, language has been added directing the Design/Build Entity to employ and keep present on the Project a competent Project Manager as approved by the Principal Representative.

ARTICLE 12. REQUESTS FOR INFORMATION AND SCHEDULES B. SCHEDULES 1., language has been added directing the Design/Build Entity to  provide a detailed design phase schedule prior to receiving the Notice to Proceed to Commence Design Phase SC-8.26.

ARTICLE 31, APPLICATIONS FOR PAYMENTS, A. CONTRACTOR’S SUBMITTALS, the  “thirty day (30)” payment period has been revised to “shall be due per § 24-30-202(24) (correct notice of amount due), within forty-five (45) days of receipt by the Principal Representative of applications for payment that have been certified by the Architect/Engineer”.

 

(Construction Manager/General Contractor CM/GC SC-6.4)

TABLE OF CONTENTS, format has been adjusted and detail added to align with other contracts.

FIRST PAGE, “Agency I.D. Number” has been changed to “Department ID” and, “Contract Encumbrance Number” has been deleted.

ARTICLE 9, PROGRESS PAYMENTS, 9.5.10, the “twenty-eight  (28) days” payment period has been revised to “Shall be due per § 24-30-202(24) (correct notice of amount due), within forty-five (45) days of receipt by the Principal Representative of applications for payment that have been certified by the Architect/Engineer”.

ARTICLE 6. COMPENSATION, 6.2 ADJUSTMENTS IN FEE, 6.2.1.1, the prohibition for the Construction Manager charging for additional fee if the Guaranteed Maximum Price is increased 6% or less due to Principal Representative directed changes in the Work has been deleted.

ARTICLE 20. PRINCIPAL REPRESENTATIVE’S RIGHT TO TERMINATE CONTRACT, 20.3 CONSTRUCTION MANAGER’S RIGHT TO STOP WORK, time frames have been revised to align with other agreements.

EXHIBIT A, DESIGNATED SERVICES AND METHOD OF PAYMENT, for all charts the “Contract Number” has been changed to “Project Number” at the right hand top of the page and the lower box containing “Project, Location and Sheet _of_ Sheets” has been deleted.

EXHIBITS, STATEWIDE CONTRACT MANAGEMENT SYSTEM, Performance Evaluation Form has been removed. Statutory requirements remain in “Miscellaneous Provisions”.

 

(Change Order Bulletin SC-6.311)

SIGNATURES, “Principal Representative” signature block has been replaced with “State Buildings Program” signature block.

 

(Change Order Proposal SC-6.312)

SIGNATURES, “Principal Representative” signature block has been removed.