2584_B ITB.pdf

SET NO:

IPG PROJECT No. 2312

RFP #2584-B

PROJECT SPECIFICATIONS

Renovation of Fayette County Justice Center

Fayetteville, GA 30214

Bid Documents

IPG, INCORPORATED

A R C H I T E C T S & P L A N N E R S

807 Northwood Park Drive • Valdosta, Georgia 31602 • (229) 242-3557 mail@ipgarchitects.com http://www.ipgarchitects.com mailto:mail@ipgarchitects.com http://www.ipgarchitects.com/ jgood Rectangle zally Rob Seal Sig

IPG, Incorporated Project No. 2312

Renovation of Fayette County Justice Center

TABLE OF CONTENTS TOC - 1

TABLE OF CONTENTS

GENERAL BID DOCUMENTS

SCOPE OF WORK

INFORMATION FOR BIDDERS

AGREEMENT

GENERAL CONDITIONS

SUPPLEMENTAL GENERAL CONDITIONS

SPECIAL CONDITIONS

BID SCHEDULE

DIVISION 1 - PROCUREMENT & CONTRACTING REQUIREMENTS

01 1000 01 2500 01 3000 01 4000 01 5000 01 5100 01 6000 01 7700

SUMMARY

SUBSTITUTION PROCEDURES

ADMINISTRATIVE REQUIREMENTS

QUALITY REQUIREMENTS

TEMPORARY FACILITIES & CONTROLS

TEMPORARY UTILITIES

PRODUCT REQUIREMENTS

CLOSEOUT PROCEDURES

DIVISION 2 – EXISTING CONDITIONS

02 0342 02 4100

REMOVAL & SALVAGE OF PERIOD CONSTRUCTION MATERIALS

DEMOLITION CLEANING AND GRUBBING

DIVISION 4 - MASONRY

04 2600 SINGLE-WYTHE UNIT MASONRY

DIVISION 5 – METALS

05 4000 COLD FORMED METAL FRAMING

DIVISION 6 – WOOD, PLASTICS, COMPOSITES

06 1000 06 2000 06 4100 06 4200

ROUGH CARPENTRY

FINISH CARPENTRY

ARCHITECTURAL WOOD CASEWORK

WOOD PANELING

DIVISION 7 – THERMAL & MOISTURE PROTECTION

07 9200 JOINT SEALANTS

DIVISION 8 - OPENINGS

08 1113 08 1416 08 1433 08 3463 08 4313 087100 08 7163

HOLLOW METAL DOORS & FRAMES

FLUSH WOOD DOORS

STILE & RAIL WOOD DOORS

SECURITY HOLLOW METAL DOORS & FRAMES

ALUMINUM FRAMED STOREFRONTS

DOOR HARDWARE

SECURITY HARDWARE

TABLE OF CONTENTS TOC - 2

08 8000 08 8853

GLAZING

SECURITY GLASS & GLAZING

DIVISION 9 – FINISHES

09 0561 09 2116 09 3000 09 5100 09 6500 09 6813 09 9000 09 9300

COMMON WORK RESULTS FOR FLOORING PREPARATION

GYPSUM BOARD ASSEMBLIES

TILING

ACOUSTICAL CEILINGS

RESILIENT FLOORING

TILE CARPETING

PAINTING & COATING – COMMERCIAL FACILITY GUIDE

STAINING & TRANSPARENT FINISHING

DIVISION 10 – SPECIALTIES

10 2113.17 10 2600 10 2800 10 4400

PHENOLIC TOILET COMPARTMENTS

WALL & DOOR PROTECTION

TOILET, BATH, & LAUNDRY ACCESSORIES

FIRE PROTECTION SPECIALTIES

DIVISION 21 - FIRE SUPPRESSION

21 0510 GENERAL FIRE SUPPRESSION REQUIREMENTS

21 1100 FIRE SUPPRESSION PIPING

21 1200 FIRE-SUPPRESSION STANDPIPES

21 1300 FIRE-SUPPRESSION SPRINKLER SYSTEMS

21 2200 TOTAL FLOODING (CLEAN AGENT) EXTINGUISHING SYSTEM

DIVISION 22 - PLUMBING

22 0510 GENERAL PLUMBING REQUIREMENTS

22 0519 METERS AND GAUGES FOR PLUMBING PIPING

22 0553 IDENTIFICATION FOR PLUMBING PIPING AND EQUIPMENT

22 0719 PLUMBING PIPING INSULATION

22 1005 PLUMBING PIPING

22 1006 PLUMBING PIPING SPECIALTIES

22 3000 PLUMBING EQUIPMENT

22 4010 PLUMBING FIXTURES

DIVISION 23 - HEATING, VENTILATING, AND AIR-CONDITIONING (HVAC)

23 0510 GENERAL MECHANICAL REQUIREMENTS

23 0513 MOTORS FOR HVAC EQUIPMENT

23 0514 VARIABLE FREQUENCY CONTROLLERS

23 0548 VIBRATION AND SEISMIC CONTROLS FOR HVAC PIPING AND EQUIPMENT

23 0553 IDENTIFICATION FOR HVAC PIPING AND EQUIPMENT

23 0593 TESTING, ADJUSTING AND BALANCING FOR HVAC

23 0713 DUCT INSULATION

23 0719 HVAC PIPING INSULATION

23 0913 INSTRUMENTATION AND CONTROL DEVICES FOR HVAC

23 0923 DIRECT-DIGITAL CONTROL SYSTEM FOR HVAC

23 0994 HVAC SEQUENCE OF OPERATION

23 3100 HVAC DUCTS AND CASINGS

23 3300 AIR DUCT ACCESSORIES

23 3423 HVAC POWER VENTILATORS

23 3600 AIR TERMINAL UNITS

23 3700 AIR OUTLETS AND INLETS

TABLE OF CONTENTS TOC - 3

23 4000 HVAC AIR CLEANING DEVICES

23 7423 PACKAGED ROOF TOP AIR CONDITIONING UNITS - VAV

DIVISION 26 - ELECTRICAL

26 0505 SELECTIVE DEMOLITION FOR ELECTRICAL

26 0510 GENERAL ELECTRICAL REQUIREMENTS

26 0519 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES

26 0526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS

26 0529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS

26 0533.13 CONDUIT FOR ELECTRICAL SYSTEMS

26 0533.16 BOXES FOR ELECTRICAL SYSTEMS

26 0553 IDENTIFICATION FOR ELECTRICAL SYSTEMS

26 0573 PROTECTIVE DEVICE COORDINATION STUDY

26 0583 WIRING CONNECTIONS

26 2416 PANELBOARDS

26 2417 SURGE PROTECTIVE DEVICES (SPDS)

26 2726 WIRING DEVICES

26 2813 FUSES

26 2816.16 ENCLOSED SWITCHES

26 5100 INTERIOR LIGHTING

26 5200 SENSOR LIGHTING CONTROLS

DIVISION 27 - COMMUNICATIONS

27 0000 COMMUNICATIONS

27 0510 27 0526 27 0528 27 0543 27 0553 27 0800 27 1113 27 1116 27 1119 27 1123 27 1126 27 1323 27 1513 27 1543 27 1619

FIRESTOPPING FOR COMMUNICATIONS SYSTEMS

GROUNDING & BONDING FOR COMMUNICATIONS SYSTEMS

PATHWAYS FOR COMMUNICATIONS SYSTEMS

UNDERGROUND DUCTS & RACEWAYS FOR COMM SYSTEMS

ID FOR COMMUNICATIONS SYSTEMS

COMMISSIONING OF COMMUNICATIONS

COMMUNICATIONS ENTRANCE PROTECTION

COMMUNICATIONS CABINETS, RACKS, & ENCLOSURES

COMMUNICATIONS PATCH PANELS

COMMUNICATIONS CABLE MANAGEMENT & LADDER RACK

COMMUNICATIONS RACK-MOUNTED POWER DISTRIBUTION

COMMUNICATIONS OPTICAL FIBER BACKBONE CABLING

COMMUNICATIONS COPPER HORIZONTAL CABLING

COMMUNICATIONS FACEPLATES & CONNECTORS

COMMUNICATIONS PATCH CHORDS & WORKSTATION CORDS

DIVISION 28 – ELECTRONIC SAFETY & SECURITY

28 0300 IP VIDEO SURVEILLANCE

DIVISION 31 – EARTHWORK

311100 312000

SITE CLEARING

EARTHWORK

312500 EROSION AND SEDIMENTATION CONTROL

DIVISION 32 – EXTERIOR IMPROVEMENTS

321216 ASPHALTIC CONCRETE PAVING

SCOPE OF WORK

Background

The Fayette County Justice Center Complex was built in 2003. The 153,000 SF building is 3 floors with a subterranean tunnel that allows for secure inmate movement between the adjacent Jail and the Justice Center courtrooms. Movement of off-sight juvenile detainees to the Justice Center Juvenile Court also uses this tunnel system via stairway access from the secure parking lot along the rear of the Justice Center.

The original construction purposely left the 3rd Floor unfinished and vacant. This plan was to allow for future buildout of the 3rd Floor as the needs of the court system grew over time. The current project is to complete the buildout of the 3rd Floor and to renovate select areas on the active 1st and 2nd floors, as needed to meet the needs of departments which will relocate within the building after the completion of the Buildout Project.

Scope of Work for the 2025 Buildout Project

As stated above, the current project is to complete the buildout of the 3rd Floor and to renovate select areas on the active 1st and 2nd floors, as needed to meet the needs of departments which will relocate within the building after the completion of the Buildout Project.

Security and Access

Due to the need to continue use of the existing courts and supporting offices, the Buildout Project will take place in close proximity to active courtrooms, office spaces, public spaces and within a venue with well established lines of security and areas of restricted access. It will be required that the Contractor maintain and comply with these and other similar operational requirements such that the Court System can continue to function simultaneously with the work required for the current project. All workers, subcontractors, vendors and related staff provided by the Contractor will be subject to security clearance, as required by the Fayette County Sheriff’s office (Building Security), prior to being allowed initial access to the building. The work site will also be designated as Drug Free.

In anticipation of the Buildout Project, the original construction provided for a ‘knock out’ window panel on the vacant third floor. The intent of this removeable panel is to allow the Buildout Contractor primary access to the third floor, by way of a temporary exterior construction elevator, directly from the lawn and parking area immediately to the rear of the building. This primary access will provide for free movement of building materials, equipment and labor to and from the work zone without the need to use existing entrances, stairways and elevators dedicated for use by the public and/or by County staff. Surplus bricks have been saved from the original project to allow for proper repair to the “knock out” window panel upon completion of the Buildout Project.

It is anticipated that use of internal stairways, corridors and/or elevators will be necessary at select times during the work on the 3rd floor and during renovation work on the lower floors. This will be allowed subject to scheduling and security approval by the Architect and by the Sheriff’s Office.

Scheduling and Sequencing of the Work

The scheduling and sequencing of the work for the current project will be critical to not only completing the project successfully, but most importantly by allowing existing courtrooms and office activities to continue without major disturbances or breaches to restricted access zones, security of the building or security of the court system staff and public visitors.

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To accomplish all work within this project, work will need to be sequenced such that new spaces on the 3rd floor are completed first, allowing for movement of court system offices to the new spaces, thus vacating existing spaces on the 2nd floor that are designated for renovation. Similarly, renovation work on the 2nd floor must be completed next such that existing offices on the 1st floor can move to the newly renovated 2nd floor and vacate existing spaces on the 1st floor that are designated for renovation. Offices on the 1st floor that are designated for renovation will be completed last.

The following Sequencing Priority is provided to further illustrate the intended scheduling needs:

1. Establish access to and install temporary, exterior construction elevator.

2. Complete 3rd Floor – Left half (facing rear of building).

3. Perform work on 3rd Floor – Right half, only work that is not disruptive to active offices below.

4. Move Superior Court and D.A. offices from 2nd floor left half to 3rd floor left half (by Owner).

5. Complete renovation to 2nd floor – left half, former D.A. offices.

6. Move State Court and Solicitor offices from right half to left half of 2nd floor (by Owner).

7. Complete 3rd floor – Right half. (2nd floor - right half now vacant)

8. Complete renovations to 2nd floor – right half concurrent with item 7 above.

9. Move Juvenile Court offices from 1st floor to 2nd floor – right half (by Owner).

10. Renovate 1st floor, former Juvenile Court and offices.

11. Move Court Services (Sheriffs Office) and expand Magistrate offices to renovated former Juvenile

Court offices (by Owner).

12. Renovate 1st floor, former Court Services, portions of Magistrate and portions of Probate Court offices.

13. Expand Probate Court into renovated former Court Services offices. (by Owner)

14. Expand Clerk of Court into renovated former Magistrate Court offices. (by Owner).

15. Completion of the expanded Judges parking lot and other site improvements.

Note – Waterproofing of existing tunnel can be scheduled independently of the sequencing shown above.

The sequencing priority described above is not intended to affect the Contractor’s ability to choose and determine appropriate Means and Methods and is open for discussion should the Contractor feel that there are better ways to accomplish the project intent while maintaining minimum disruption to ongoing building operations.

The intent of completing the left half of the 3rd floor first is to allow for movement of the Superior Courts and D.A. offices from the 2nd floor – left half, to the 3rd floor - left half and movement of the State Court and Solicitor’s Offices from the right half to the left half of the 2nd floor. This will essentially vacate the right half of the 2nd floor, allowing for completion of the 3rd floor right half and renovation to the 2nd floor right half to happen concurrently while minimizing disruptions to the active spaces below.

It is anticipated that some work will be required within active office spaces from time to time, (ie – work for new 3rd floor spaces that must be accessed from ceilings of active 2nd floor spaces below.)

Scheduling for this type of work will require prior review and approval by the Architect and the Sheriff’s Office (Building Security). The Owner’s Project Manager will similarly review and coordinate with the individual departments affected by these location specific work items.

The Architect and the County Project Manager will work with the judges and the Clerk of Court to streamline the court calendar, as much as possible, to provide significant gaps when minimal or no courtroom activity will be scheduled for consecutive days or a week or more at a time. This effort will allow the Contractor to plan work that is likely to be disruptive to the courts during these idle periods. It is also anticipated that the Contractor will need to have the flexibility to avoid disruptive work during periods of peak court activity. The Project Manager will share this information with the Contractor on a regular basis, as these calendars become available.

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INFORMATION FOR BIDDERS

ALL BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in, in ink or typewritten, and the BID form must be fully completed when submitted. Only one copy of the BID form is required. In case of discrepancy between unit prices and extended prices, unit prices shall prevail. The Engineer will correct any such errors and/or any errors in the summation of the extended prices. The Total Base Bid Amount shall be the sum of the Lump Sum prices, the corrected extended prices, and any pre-printed required allowances.

The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 90 days after the actual date of the opening thereof. Should there be reasons why the Contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and the BIDDER.

BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID Schedule by examination of the site and a review of the drawings and specifications including ADDENDA.

After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the quantities of WORK or of the nature of the WORK to be done.

The OWNER shall provide to BIDDERS prior to BIDDING, all information which is pertinent to, and delineates and describes, the land owned and rights-of-way acquired or to be acquired.

The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT. Information obtained from an officer, agent, or employee of the OWNER or any person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve the Contractor from fulfilling any of the conditions of the Contract.

Each BID must be accompanied by a BID Bond payable to the OWNER for five percent of the total amount of the BID. As soon as the BID prices have been compared, the OWNER will return the BONDS of all except the three lowest responsible BIDDERS. When the Agreement is executed the bonds of the two remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will be retained until the payment BOND and performance BOND have been executed and approved, after which it will be returned.

A performance BOND and a payment BOND each in the amount of 100 percent of the CONTRACT PRICE, with a corporate surety approved

IFB-1

by the OWNER, will be required for the faithful performance of the Contract.

Attorney-in-fact who sign BID BONDS or payment BONDS and performance BONDS must file with each BOND a certified and effective dated copy of their power of attorney.

The party to whom the contract is awarded will be required to execute the Agreement and obtain the performance BOND and payment BOND within ten (10) calendar days from the date when NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary Agreement and BOND forms. Bidder will also be required to submit at least 2 references of similar work completed in the last five years. In case of failure of the BIDDER to execute the Agreement, the OWNER may consider the BIDDER in default, in which case the BID BOND accompanying the proposal shall become the property of the OWNER.

The OWNER within ten (10) days of receipt of acceptable performance BOND, payment BOND and Agreement signed by the party to whom the Agreement was awarded shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the OWNER not execute the Agreement within such period, the BIDDER may by WRITTEN NOTICE withdraw the signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the

OWNER.

The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the Agreement by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period, the time may be extended by mutual agreement between the OWNER AND CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten (10) day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party.

The OWNER may make such investigations as deemed necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right

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to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK contemplated therein.

A conditional, qualified or obviously unbalanced BID will not be accepted.

Award of the Contract will be made to the lowest responsible BIDDER on the basis of the lowest actual bid amount for the Contract, which is defined as the base bid less any deductions for "allowed" deductive alternates, plus any additions for "allowed" additive alternates listed in the Bid Schedule.

All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the PROJECT shall apply to the Contract throughout.

Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the CONTRACT DOCUMENTS.

The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to its BID.

The low BIDDER shall supply the names and addresses of major material SUPPLIERS and SUBCONTRACTORS when required to do so by the

OWNER.

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AGREEMENT

THIS AGREEMENT, made this day of , 20 , by and between Fayette County, Georgia hereinafter called "OWNER" and doing business as

(an individual), or (a partnership), or ( a corporation ) hereinafter called "CONTRACTOR".

WITNESSETH: That for and in consideration of the payments and agreements herein after mentioned:

1. The CONTRACTOR will commence and complete the construction of Justice Center Buildout for

Fayette County, GEORGIA

2. The CONTRACTOR will furnish all of the materials, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the PROJECT described herein.

3. The CONTRACTOR will commence the work required by the

CONTRACT DOCUMENTS within 10 calendar days after the date of the

NOTICE TO PROCEED and will work continuously to complete the same within 550 calendar days.

4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $ or as shown in the BID Schedule.

5. The terms "CONTRACT DOCUMENTS" MEANS and includes the following:

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(A) Advertisement for BIDS

(B) Information for BIDDERS

(C) BID

(D) Agreement

(E) General Conditions

(F) SUPPLEMENTAL GENERAL CONDITIONS & SPECIAL CONDITIONS

(G) Payment BOND

(H) Performance BOND

(I) NOTICE TO PROCEED

(J) CHANGE ORDER

(K) PLANS AND SPECIFICATIONS prepared or issued by IPG

Architects, dated: _________________________

(N) ADDENDA:

No. , dated , 20 .

, , 20 .

, , 20 .

6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS.

7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

8. Any dispute which may arise under this agreement shall be resolved under the laws of the State of Georgia and venue shall be

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proper in Fayette County, Georgia.

IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized official, this Agreement in

Quadruplicate ( four ) copies shall be deemed an original on the date first above written.

OWNER:

Fayette County, GEORGIA

BY:

NAME:

TITLE:

(SEAL)

ATTEST:

Name:

(Please Print)

Title:

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(Please Print)

Address:

Employer Identification Number:

(SEAL)

ATTEST:

Name:

(Please Print)

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GENERAL CONDITIONS

1. Definitions 15. Time for Completion and

2. Additional Instructions and Liquidated Damages

Detail Drawings 16. Correction of Work

3. Schedules, Reports, and 17. Subsurface Conditions

Records 18. Suspension of Work.,

4. Drawings and Specifications Termination, and Delay

5. Shop Drawings 19. Payments to Contractor

6. Materials, Services, and 20. Acceptance of Final

Facilities Payment as Release

7. Inspection and Testing 21. Insurance

8. Substitutions 22. Contract Security

9. Patents 23. Assignments

10. Surveys, Permits, 24. Indemnification

Regulations 25. Separate Contracts

11. Protection of Work, 26. Subcontracting

Property, Persons 27. Engineer's Authority

12. Supervision by Contractor 28. Land and Rights-of-Way

13. Changes in Work 29. Guaranty

14. Changes in Contract Price 30. Arbitration

1. DEFINITIONS

1.1 Wherever used in the CONTRACT DOCUMENTS, the following

terms shall have the meanings indicated and shall be applicable to both the singular and plural thereof:

1.2 ADDENDA - Written or graphic instruments issued prior

to the execution of the Agreement which modify or interpret the CONTRACT DOCUMENTS, DRAWINGS and SPECIFICATIONS, by additions, deletions, clarifications, or corrections.

1.3 BID - The offer or proposal of the BIDDER submitted on

the prescribed form setting forth the prices for the WORK to be performed.

1.4 BIDDER - Any person, firm, or corporation submitting a

BID For the WORK.

1.5 BONDS - Bid, Performance, and Payment Bonds and other

instruments of surety, furnished by the CONTRACTOR and the CONTRACTOR'S surety in accordance with the CONTRACT

DOCUMENTS.

General Conditions-1

1.6

1.7

CHANGE ORDER - A written order to the CONTRACTOR authorizing an addition, deletion, or revision in the WORK within the general scope of the CONTRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT PRICE or CONTRACT TIME.

CONTRACT DOCUMENTS - The contract, including Advertisement for BIDS, Information for BIDDERS, BID, Agreement, Payment BOND, Performance BOND, NOTICE TO

PROCEED, CHANGE ORDER, DRAWINGS, SPECIFICATIONS, AND

ADDENDA.

1.8 CONTRACT PRICE - The total monies payable to the

CONTRACTOR under the terms and conditions of the

CONTRACT DOCUMENTS.

1.9

1.10

1.11

1.12

1.13

1.14

1.15

1.16

CONTRACT TIME - The number of calendar days stated in the CONTRACT DOCUMENTS for the completion of the WORK.

CONTRACTOR - The person, firm, or corporation with whom the OWNER has executed the Agreement.

DRAWINGS - The parts of the CONTRACT DOCUMENTS which show the characteristics and scope of the WORK to be performed and which have been prepared or approved by the ENGINEER.

ENGINEER/Architect - The person, firm, or corporation named as such in the CONTRACT DOCUMENTS.

FIELD ORDER - A written order effecting a change in the WORK not involving an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, issued by the ENGINEER to the CONTRACTOR during construction.

NOTICE OF AWARD - The written notice of the acceptance of the BID from the OWNER to be the successful BIDDER.

NOTICE TO PROCEED - Written communication issued by the OWNER to the CONTRACTOR authorizing him/her to proceed with the WORK and establishing the date for commencement of the WORK.

OWNER - A public or quasi-public body or authority, corporation, association, partnership, or an individual for whom the WORK is to be performed.

General Conditions-2

1.17 PROJECT - The undertaking to be performed as provided

in the CONTRACT DOCUMENTS.

1.18 RESIDENT PROJECT REPRESENTATIVE - The authorized

representative of the OWNER who is assigned to the PROJECT site or any part thereof.

1.19 SHOP DRAWINGS - All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a SUBCONTRACTOR, manufacturer, SUPPLIER or distributor, which illustrate how specific portions of the WORK shall be fabricated or installed.

1.20 SPECIFICATIONS - A part of the CONTRACT DOCUMENTS

consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship.

1.21 SUBCONTRACTOR - An individual, firm or corporation

having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the WORK at the site.

1.22 SUBSTANTIAL COMPLETION - That date certified by the

ENGINEER when the construction of the PROJECT or a specified part thereof is sufficiently completed, in accordance with the CONTRACT DOCUMENTS, so that the PROJECT or specified part can be utilized for the purposes for which it is intended.

1.23 SUPPLEMENTAL GENERAL CONDITIONS - Modifications to

General Conditions.

1.24 SUPPLIER - Any person or organization who supplies

materials or equipment for the WORK, including that fabricated to a special design, but who does not perform labor at the site.

1.25 WORK - All labor necessary to produce the construction

required by the CONTRACT DOCUMENTS, and all materials and equipment incorporated or to be incorporated in the

PROJECT.

1.26 WRITTEN NOTICE - Any notice to any party of the

Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at their last given address, or delivered in person to said party or their authorized representative on the WORK.

General Conditions-3

2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS

2.1 The CONTRACTOR may be furnished additional instructions

and detail drawings, by the ENGINEER, as necessary to carry out the WORK required by the CONTRACT DOCUMENTS.

2.2 The additional drawings and instructions thus supplied

will become a part of the CONTRACT DOCUMENTS. The CONTRACTOR shall carry out the WORK in accordance with the additional detail drawings and instructions.

3. SCHEDULES, REPORTS AND RECORDS

3.1 The CONTRACTOR shall submit to the OWNER such schedule

of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data where applicable as are required by the CONTRACT DOCUMENTS for the WORK to be performed.

3.2 Prior to the first partial payment estimate the

CONTRACTOR shall submit construction progress schedules showing the order in which the CONTRACTOR proposes to carry on the WORK, including dates at which the various parts of the WORK will be started, estimated date of completion of each part and, as applicable:

3.2.1 The dates at which special detail drawings will be

required; and

3.2.2 Respective dates for submission of SHOP DRAWINGS, the

beginning of manufacture, the testing and the installation of materials, supplies and equipment.

3.3 The CONTRACTOR shall also submit a schedule of payments

that the CONTRACTOR anticipates will be earned during the course of the WORK.

4. DRAWINGS AND SPECIFICATIONS

4.1 The intent of the DRAWINGS and SPECIFICATIONS is that

the CONTRACTOR shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the WORK in accordance with the CONTRACT DOCUMENTS and all incidental WORK necessary to complete the PROJECT in an acceptable manner, ready for use, occupancy or operation by the OWNER.

4.2 In case of conflict between the DRAWINGS and

SPECIFICATIONS, the SPECIFICATIONS shall govern. Figure dimensions on DRAWINGS shall govern over general

DRAWINGS.

General Conditions-4

4.3 Any discrepancies found between the DRAWINGS and

SPECIFICATIONS and site conditions or any inconsistencies or ambiguities in the DRAWINGS or SPECIFICATIONS shall be immediately reported to the ENGINEER, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. WORK done by the CONTRACTOR after discovery of such discrepancies, inconsistencies or ambiguities shall be done at the CONTRACTOR"S risk.

5. SHOP DRAWINGS

5.1 The CONTRACTOR shall provide SHOP DRAWINGS as may be

necessary for the prosecution of the WORK as required by the CONTRACT DOCUMENTS. The ENGINEER shall promptly review all SHOP DRAWINGS. The ENGINEER'S approval of any SHOP DRAWINGS shall not release the CONTRACTOR from responsibility for deviations from the CONTRACT DOCUMENTS. The approval of any SHOP DRAWINGS which substantially deviates from the requirement of the CONTRACT DOCUMENTS shall be evidenced by a CHANGE

ORDER.

5.2 When submitted for the ENGINEER'S review, SHOP DRAWINGS

shall bear the CONTRACTOR'S certification that he has reviewed, checked and approved the SHOP DRAWINGS and that they are in conformance with the requirements of the CONTRACT DOCUMENTS.

5.3 Portions of the WORK requiring a SHOP DRAWING or sample

submission shall not begin until the SHOP DRAWING or submission has been approved by the ENGINEER. 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 ENGINEER.

6. MATERIALS, SERVICES AND FACILITIES

6.1 It is understood that, except as otherwise specifically

stated in the CONTRACT DOCUMENTS, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the WORK within the specified time.

6.2 Materials supplied by the CONTRACTOR and equipment

shall be so stored as to insure the preservation of their quality and fitness for the WORK. Stored materials and equipment to be incorporated in the WORK

General Conditions-5 shall be located so as to facilitate prompt inspection.

6.3 Manufactured articles, materials, and equipment shall

be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

6.4 Materials, supplies, and equipment shall be in

accordance with samples submitted by the CONTRACTOR and approved by the ENGINEER.

6.5 Materials, supplies, or equipment to be incorporated

into the WORK shall not be purchased by the CONTRACTOR or the SUBCONTRACTOR subject to a chattel mortgage or under a conditional sale contract or other agreement by which any interest is retained by the seller.

7. INSPECTION AND TESTING

7.1 All materials and equipment used in the construction of

the PROJECT shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the CONTRACT

DOCUMENTS.

7.2 The OWNER shall provide all inspection and testing

services not required by the CONTRACT DOCUMENTS.

7.3 The CONTRACTOR shall provide at the CONTRACTOR'S

expense the testing and inspection services required by the CONTRACT DOCUMENTS.

7.4 If the CONTRACT DOCUMENTS, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any WORK to specifically be inspected, tested, or approved by someone other than the CONTRACTOR, the CONTRACTOR will give the ENGINEER timely notice of readiness. The CONTRACTOR will then furnish the ENGINEER the required certificates of inspection, testing or approval.

7.5 Inspections, tests, or approvals by the ENGINEER or

others shall not relieve the CONTRACTOR from the obligations to perform the WORK in accordance with the requirements of the CONTRACT DOCUMENTS.

7.6 The ENGINEER and the ENGINEER'S representatives will at

all times have access to the WORK. In addition, authorized representatives and agents of any participating Federal or State agency shall be permitted to inspect all work, materials, payrolls, General Conditions-6 records or personnel, invoices of materials, and other relevant data and records. The CONTRACTOR will provide proper facilities for such access and observation of the WORK and also for any inspection or testing thereof.

7.7 If any WORK is covered contrary to the written

instructions of the ENGINEER it must, if requested by the ENGINEER, be uncovered for the ENGINEER'S observation and replaced at the CONTRACTOR'S expense.

7.8 If the ENGINEER considers it necessary or advisable

that covered WORK be inspected or tested by others, the CONTRACTOR, at the ENGINEER'S request, will uncover, expose or otherwise make available for observation, inspection or testing as the ENGINEER may require, that portion of the WORK in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, if, however, such WORK is not found to be defective, the CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate CHANGE ORDER shall be issued.

8. SUBSTITUTIONS

8.1 Whenever a material, article, or piece of equipment is

identified on the DRAWINGS or SPECIFICATIONS by reference to brand name or catalogue numbers, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered.

The CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the CONTRACT DOCUMENTS by reference to brand name or catalogue number, and if, in the opinion of the ENGINEER, such material, article, or piece of equipment is of equal substance and function to that specified, the ENGINEER may approve its substitution and use by the CONTRACTOR. Any cost differential shall be deductible from the CONTRACT PRICE and the CONTRACT DOCUMENTS shall be appropriately modified by CHANGE ORDER. The CONTRACTOR warrants that if substitutes are approved, no major changes in the function or general

General Conditions-7 design of the PROJECT will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the CONTRACT PRICE or CONTRACT TIME.

The ENGINEER and/or OWNER reserves the right to reject any proposed substitution based upon quality or price comparison with specified equipment. The ENGINEER and/or OWNER may also reject any proposed substitution based on previous, unsatisfactory experience with equipment or materials from proposed manufacturer. In the case of such a rejection, the CONTRACTOR shall provide the specified equipment or another approved substitution, at no additional cost to the CONTRACT.

CONTRACTOR shall not assume that the terms "or equal" constitutes an automatic approval of a proposed substitution.

9. PATENTS

9.1 The CONTRACTOR shall pay all applicable royalties and

license fees, and shall defend all suits or claims for infringement of any patent rights and save the OWNER harmless from loss on account thereof, except that the OWNER shall be responsible for any such loss when a particular process, design, or product of a particular manufacturer or manufacturers is specified, however, if the CONTRACTOR has reason to believe that the design, process or product specified is an infringement of a patent, the CONTRACTOR shall be responsible for such loss unless the CONTRACTOR promptly gives such information to the ENGINEER.

10. SURVEYS, PERMITS, REGULATIONS

10.1 The OWNER shall furnish all boundary surveys and

establish all base lines for locating the principal component parts of the WORK together with a suitable number of bench marks adjacent to the WORK as shown in the CONTRACT DOCUMENTS. From the information provided by the OWNER, unless otherwise specified in the CONTRACT DOCUMENTS, the CONTRACTOR shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pipe locations and other working points, lines, elevations and cut sheets.

10.2 The CONTRACTOR shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, shall be charged with the resulting expense and shall be responsible for any

General Conditions-8 mistake that may be caused by their unnecessary loss or disturbance.

10.3 Permits and licenses of a temporary nature necessary

for the prosecution of the WORK shall be secured and paid for by the CONTRACTOR unless otherwise stated in the SUPPLEMENTAL GENERAL CONDITIONS. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the OWNER, unless otherwise specified. The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the WORK as drawn and specified. If the CONTRACTOR observes that the CONTRACT DOCUMENTS are at variance therewith, the CONTRACTOR shall promptly notify the ENGINEER in writing, and any necessary changes shall be adjusted as provided in Section 13, CHANGES IN THE WORK.

11. PROTECTION OF WORK, PROPERTY, AND PERSONS

11.1 The CONTRACTOR will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the WORK. The CONTRACTOR will take all necessary precautions for the safety of, will provide the necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to all employees on the WORK and other persons who may be affected thereby, all the WORK and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.

11.2 The CONTRACTOR will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. The CONTRACTOR will erect and maintain, as required by the conditions and progress of the WORK, all necessary safeguards for safety and protection. The CONTRACTOR will notify OWNERS of adjacent utilities when prosecution of the WORK may affect them. The CONTRACTOR will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or part, by the CONTRACTOR, any SUBCONTRACTOR or anyone directly or indirectly employed by any of them or anyone of whose acts any of them be liable, except damage or loss attributable to the fault of the CONTRACT DOCUMENTS or to the acts or omissions

General Conditions-9 of the OWNER, of the ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the CONTRACTOR.

11.3 In emergencies affecting the safety of persons or the

WORK or property at the site or adjacent thereto, the CONTRACTOR, without special instructions or authorization from the ENGINEER Or OWNER, shall act to prevent threatened damage, injury or loss. The CONTRACTOR will give the ENGINEER prompt WRITTEN NOTICE of any significant changes in the WORK or deviations from the CONTRACT DOCUMENTS caused thereby, and a CHANGE ORDER shall thereupon be issued covering the changes and deviations involved.

12. SUPERVISION BY CONTRACTOR

12.1 The CONTRACTOR will supervise and direct the WORK. He

will be solely responsible for the means, methods, techniques, sequences and procedures of construction.

The CONTRACTOR will employ and maintain on the WORK a qualified supervisor or superintendent who shall have been designated in writing by the CONTRACTOR as the CONTRACTOR'S representative at the site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the WORK.

13. CHANGES IN THE WORK

13.1 The OWNER may at any time, as the need arises, order

changes within the scope of the WORK without invalidating the Agreement. If such changes increase or decrease the amount due under the CONTRACT DOCUMENTS, or in the time required for performance of the WORK, an equitable adjustment shall be authorized by CHANGE

ORDER.

13.2 The ENGINEER, also, may at any time, by issuing a FIELD

ORDER, make changes in the details of the WORK. The CONTRACTOR shall proceed with the performance of any changes in the WORK so ordered by the ENGINEER unless the CONTRACTOR believes that such FIELD ORDER entitles the CONTRACTOR to a change in CONTRACT PRICE or TIME, or both, in which event the CONTRACTOR shall give the ENGINEER WRITTEN NOTICE thereof within seven (7) days

General Conditions-10 after the receipt of the ordered change. Thereafter the CONTRACTOR shall document the basis for the change in CONTRACT PRICE OR TIME within thirty (30) days. The CONTRACTOR shall not execute such changes pending the receipt of an executed CHANGE ORDER for further instruction from the OWNER.

14. CHANGES IN CONTRACT PRICE

14.1 The CONTRACT PRICE may be changed only by a CHANGE

ORDER. The value of any WORK covered by a CHANGE ORDER or of any claim for increase or decrease in the CONTRACT PRICE shall be determined by one or more of the following methods in the order of precedence listed below:

a. Unit prices previously approved.

b. An agreed lump sum.

15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES

15.1

15.2

15.3

15.4

The date of beginning and the time for completion of the WORK are essential conditions of the CONTRACT

DOCUMENTS.

The CONTRACTOR will proceed with the WORK at such rate of progress to insure full completion within the CONTRACT TIME. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the CONTRACT TIME for the completion of the WORK described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the WORK.

If the CONTRACTOR shall fail to complete the WORK within the CONTRACT TIME, or extension of time granted by the OWNER, then the CONTRACTOR will pay to the OWNER the amount for liquidated damages as specified in the BID for each calendar day that the CONTRACTOR shall be in default after the time stipulated in the CONTRACT DOCUMENTS. In addition to Liquidated Damages, the CONTRACTOR shall reimburse the ENGINEER for additional inspection and engineering services required due to overrun of the contract time, or the overrun of approved extension of contract time. This will be paid at 2.5 times the direct expense to the ENGINEER and will be withheld from the CONTRACTOR'S monthly pay request. The OWNER will pay the ENGINEER directly from the withheld amount.

The CONTRACTOR shall not be charged with liquidated

General Conditions-11 damages or any excess cost or any payment to the ENGINEER when the delay in completion of the WORK is due to the following and the CONTRACTOR has promptly given WRITTEN NOTICE of such delay to the OWNER or

ENGINEER.

15.4.1 To any preference, priority or allocation order duly

issued by the OWNER.

15.4.2 To unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not restricted to, acts of God or of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance of a contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather; and

15.4.3 To any delays of SUBCONTRACTORS occasioned by any of

the causes specified in paragraphs 15.4.1 and 15.4.2 of this article.

16. CORRECTION OF WORK

16.1 The CONTRACTOR shall promptly remove from the premises

all WORK rejected by the ENGINEER for failure to comply with the CONTRACT DOCUMENTS, whether incorporated in the construction or not, and the CONTRACTOR shall promptly replace and re-execute the WORK in accordance with the CONTRACT DOCUMENTS and without expense to the OWNER and shall bear the expense of making good all WORK of other CONTRACTORS destroyed or damaged by such removal or replacement.

16.2 All removal and replacement WORK shall be done at the

CONTRACTOR'S expense. If the CONTRACTOR does not take action to remove such rejected WORK within ten (10) days after receipt of WRITTEN NOTICE, the OWNER may remove such WORK and store the materials at the expense of the CONTRACTOR.

17. SUBSURFACE CONDITIONS

17.1 The CONTRACTOR shall promptly, and before such

conditions are disturbed, except in the event of an emergency, notify the OWNER by WRITTEN NOTICE of:

17.1.1 Subsurface or latent physical conditions at the site

differing materially from those indicated in the CONTRACT DOCUMENTS; or

General Conditions-12

17.1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in WORK of the character provided for in the CONTRACT

DOCUMENTS.

17.2 The OWNER shall promptly investigate the conditions, and if it is found that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, performance of the WORK, an equitable adjustment shall be made and the CONTRACT DOCUMENTS shall be modified by a CHANGE ORDER. Any claim of the CONTRACTOR for adjustment hereunder shall not be allowed unless the required WRITTEN NOTICE has been given; provided that the OWNER may, if the OWNER determines the facts so justify, consider and adjust any such claims asserted before the date of final payment.

18. SUSPENSION OF WORK, TERMINATION, AND DELAY

18.1 The OWNER may suspend the WORK or any portion thereof

for a period of not more than ninety days or such further time as agreed upon by the CONTRACTOR, by WRITTEN NOTICE to the CONTRACTOR and the ENGINEER which shall fix the date on which WORK shall be resumed. The CONTRACTOR will resume that WORK on the date so fixed.

The CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributable to any suspension.

18.2 If the CONTRACTOR is adjudged as bankrupt or insolvent, or makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any of its property, or if CONTRACTOR files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or applicable laws, or repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or repeatedly fails to make prompt payments to SUBCONTRACTORS or for labor, materials or equipment or disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction of the WORK or disregards the authority of the ENGINEER, or otherwise violates any provision of the CONTRACT DOCUMENTS, then the OWNER may, without prejudice to any other right or remedy and after giving the CONTRACTOR and its surety a minimum of ten (10) days from delivery of a WRITTEN NOTICE, terminate the services of the CONTRACTOR and take possession of the PROJECT and of all materials, equipment, tools, construction equipment

General Conditions-13 and machinery thereon owned by the CONTRACTOR, and finish the WORK by whatever method the OWNER may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the WORK is finished. If the unpaid balance of the CONTRACT PRICE exceeds the direct and indirect costs of completing the PROJECT, including compensation for additional professional services, such excess SHALL BE PAID TO THE CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR will pay the difference to the OWNER. Such costs incurred by the OWNER will be determined by the ENGINEER and incorporated in a CHANGE

ORDER.

18.3 Where the CONTRACTOR'S services have been so terminated

by the OWNER, said termination shall not affect any right of the OWNER against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies by the OWNER due the CONTRACTOR will not release the CONTRACTOR from compliance with the

CONTRACT DOCUMENTS.

18.4 After ten (10) days from delivery of a WRITTEN NOTICE

to the CONTRACTOR and the ENGINEER, the OWNER may without cause and without prejudice to any other right or remedy, elect to abandon the PROJECT and terminate the contract. In such case the CONTRACTOR shall be paid for all WORK executed and any expense sustained plus reasonable profit.

18.5 If, through no act or fault of the CONTRACTOR, the WORK

is suspended for a period of more than ninety (90) days by the OWNER or under an order of court or other public authority, or the ENGINEER fails to act on any request for payment within thirty (30) days after it is submitted, or the OWNER fails to pay the CONTRACTOR substantially the sum approved by the ENGINEER or awarded by arbitrators within thirty (30) days of its approval and presentation, then the CONTRACTOR may, after ten (10) days from delivery of a WRITTEN NOTICE to the OWNER and the ENGINEER terminate the contract and recover from the OWNER payment for all WORK executed and all expenses sustained.