Common use of Applicable Laws and Codes Clause in Contracts

Applicable Laws and Codes. The Design/Builder shall comply with all applicable laws, codes, and ordinances and shall give notices as applicable. Design/Builder shall prepare and file all documents required to obtain the necessary approvals of governmental authorities having jurisdiction over the work and shall se- cure and pay as part of the Stipulated Sum, for all plan check and permits fees, licenses and in- spections required, including any fees charged by DSA. Notwithstanding the foregoing, the DSA Project Inspector and the third party special inspection and materials testing laboratory services will be paid for by the District. 3.4.1 The Design/Builder shall comply with the current adopted edition of the California Building Code (“CBC”), including any updates up to the date the Design/Builder submits the Project to DSA for plan check. Whenever the Contract Documents require higher standards than the minimum required by applicable laws, the Contract Documents shall take priority. To the extent there is a change in one or more applicable laws after the Design/Builder has submitted the Project for plan check, and such change has the effect of increasing the cost or time of performance of the Work, then such change may be the subject of a Change Order. Nothing in the Contract Documents shall be construed to permit work not conforming to applicable laws. 3.4.1.1 Design/Builder shall follow the procedures in DSA PR 13-01 Construction Oversight Process and DSA PR 13-02 Project Certification Process in effect at the time that the Notice to Proceed is issued. The applicable DSA procedures are incorporated herein. 3.4.2 Design/Builder shall submit for review to the District and to other authorities having jurisdiction required calculations and other materials demonstrating the energy use and the life-cycle costs of proposed systems and sustainability as required by Education Code Section 81703(c)(2)(C). The Design/Builder shall demonstrate that all building systems and equipment are selected on life-cycle costs analyses. 3.4.3 No Work shall be carried on except with the knowledge and under the inspection of the Project Inspector(s). The Project Inspector(s) shall have free access to any or all parts of Work at any time. Design/Builder shall furnish Project Inspector(s) reasonable opportunities for obtaining such information as may be necessary to keep Project Inspector(s) fully informed respecting progress and manner of work and character of materials, including, but not limited to, submission of form DSA 156 (or the most current version) to the Project Inspector at least 48 hours in advance of the commencement and completion of construction of each and every aspect of the Work. Inspection of Work shall not relieve Design/Builder from an obligation to fulfill this Agreement. Project Inspector(s) and the DSA are authorized to suspend work whenever the Design/Builder and/or its subcontractor(s) are not complying with the Contract Documents. Any work stoppage by the Project Inspector(s) and/or DSA shall be without liability to the District. Design/Builder shall instruct its subcontractors and employees accordingly.