366-20260409112943 PCBS.pdf

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Oktibbeha County, Mississippi

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Pike County Jail Renovations - Shower Replacement Project

This is a sealed-bid procurement document issued by Pike County Board of Supervisors in Magnolia, Mississippi, for the renovation of shower fixtures and related improvements at Pike County Jail. The project, identified as Project No. 26000.01, involves the replacement of detention shower fixtures throughout the facility with minor renovation work in designated areas. The work is divided into a base bid covering two phases in Blocks A and C, plus five optional alternates for additional blocks (B, D, F), booking restroom, and ADA holding cell improvements, along with drain grate replacement options. A pre-bid conference was scheduled for 10:00 AM on Wednesday, April 22, 2026, at the jail facility with a mandatory site tour following the meeting. Sealed bids were due by 2:00 PM on Thursday, May 7, 2026, to Pike County Board of Supervisors at 200 E. Bay Street, Magnolia, MS 39652. Bids were required to remain open for acceptance for 45 calendar days from bid opening, with work to commence upon written Notice to Proceed and achieve substantial completion by September 1, 2026. The contract will be awarded on a lump-sum basis to the lowest and best bidder meeting all qualifications and responsiveness requirements.

All bids exceeding $50,000 require a Certificate of Responsibility from the Mississippi State Board of Contractors; bid security of five percent via certified check or bid bond is mandatory for bids exceeding $5,000. The contractor must secure and pay for all building permits, licenses, and approvals. Liquidated damages are assessed at $500 per calendar day for failure to achieve substantial completion on schedule. The facility operates 24/7 with contractor access coordinated through the jail administrator; all contractor personnel must pass drug and background screening. Contractors must maintain detailed tool inventories during all work phases due to the detention facility's security requirements. Payment procedures follow AIA Document G702 and G703 with monthly applications processed within 30 days of architect certification. Insurance requirements include $1,000,000 commercial general liability per occurrence, $1,000,000 auto liability, and workers' compensation per statute. All submittals, including shop drawings and requests for information, are processed through the Newforma web-based platform at no cost to the contractor.

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Jackson, Mississippi

1400 Meadowbrook Road

Suite 101

Jackson, Mississippi 39210

P 601 352 2699

Set Number

Architecture, Interior Design & Planning

Project Manual

PIKE COUNTY

BOARD of SUPERVISORS

Pike County Jail Renovations -

SHOWERS

Magnolia, Mississippi

Project No. 26000.01

April 8, 2026

Architect’s Seal

JBHM Offices In:

Columbus, Mississippi

Tupelo, Mississippi

Principals Brandon P. Bishop, AIA, NCARB

Kimberly J. Buford, AIA, NCARB

Ryan C. Florreich, AIA, NCARB

Richard H. McNeel, AIA, NCARB

William D. Whittle, AIA, NCARB

TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 001113 – ADVERTISEMENTS FOR BIDS

SECTION 002113 – INSTRUCTIONS TO BIDDERS

SECTION 002213 – SUPPLEMENTARY CONDITIONS

SECTION 004200 – PROPOSAL FORM

SECTION 005200 – AGREEMENT FORM

SECTION 005200.01 – INSURANCE AND BONDS EXHIBIT

SECTION 007200 – GENERAL CONDITIONS NOTICE

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 011000 – SUMMARY

SECTION 012100 – ALLOWANCES

SECTION 012200 – UNIT PRICES

SECTION 012300 – ALTERNATES

SECTION 012500 – SUBSTITUTION PROCEDURES

SECTION 012600 – CONTRACT MODIFICATION PROCEDURES

SECTION 012900 – PAYMENT PROCEDURES

SECTION 013100 – PROJECT MANAGEMENT AND COORDINATION

SECTION 013200 – CONSTRUCTION PROGRESS DOCUMENTATION

SECTION 013300 - SUBMITTAL PROCEDURES

SECTION 014000 - QUALITY REQUIREMENTS

SECTION 014200 – REFERENCES

SECTION 015000 – TEMPORARY FACILITIES AND CONTROLS

SECTION 016000 – PRODUCT REQUIREMENTS

SECTION 017300 – EXECUTION

SECTION 017700 – CLOSEOUT PROCEDURES

SECTION 017823 – OPERATION AND MAINTENANCE DATA

SECTION 017839 – PROJECT RECORD DOCUMENTS

SECTION 017900 – DEMONSTRATION AND TRAINING

DIVISION 02 - EXISTING CONDITIONS

SECTION 024119 – SELECTIVE DEMOLITION

DIVISION 03 - CONCRETE

SEE DRAWINGS FOR CONCRETE SLAB PATCHING.

DIVISION 04 - MASONRY

SEE DRAWINGS FOR CONCRETE MASONRY UNIT (CMU) REPAIR

DIVISION 05 - METALS

SECTION 050770.51 – DECORATIVE METAL CLEANING

SECTION 050170.61 – DECORATIVE METAL REPAIR

DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES

NOT APPLICABLE

DIVISION 07 - THERMAL AND MOISTURE PROTECTION

SECTION 079216 – RIGID JOINT SEALANTS

DIVISION 08 – OPENINGS

SEE DRAWINGS FOR HOLLOW METAL FRAME REPAIR.

DIVISION 09 - FINISHES

SECTION 092236 – METAL LATH

SECTION 092900 – GYPSUM BOARD

SECTION 096723 – RESINOUS FLOORING

SECTION 099123 – INTERIOR PAINTING

DIVISION 10 - SPECIALTIES

SECTION 102813.63 – DETENTION TOILET ACCESSORIES

DIVISION 11 – EQUIPMENT

DIVISION 12 – FURNISHINGS

DIVISION 13 – SPECIAL CONSTRUCTION

DIVISION 14 – CONVEYING EQUIPMENT

DIVISION 21 – FIRE SUPPRESSION

DIVISION 22 - PLUMBING

SEE MECHANICAL DRAWINGS FOR PLUMBING WORK

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

DIVISION 27 – COMMUNICATIONS

DIVISION 28 – ELECTRONIC SAFETY AND SECURITY

DIVISION 31 – EARTHWORK

DIVISION 32 – EXTERIOR IMPROVEMENTS

DIVISION 33 – UTILITIES

DIVISION 34 – TRANSPORTATION

DIVISION 40 – PROCESS INTERCONNECTIONS

DIVISION 99 – FORMS

P.N. 26000.01 JBHM Architects, P.A. 04/08/2026

00 11 13 - 1

ADVERTISEMENT FOR BIDS

SECTION 001113 ADVERTISEMENT FOR BIDS

Notice is hereby given that sealed bids and electronic bids will be received for the project named below by Pike County Board of Supervisors, 200 E. Bay Street, Magnolia, MS 39652 until 2:00 PM on Thursday, May 7, 2026.

Location for Receipt of Sealed Hard Copy Bids:

Pike County Board of Supervisors 200 E. Bay Street Magnolia, Mississippi 39652

Location for Receipt of Electronic Bids:

Access the following website and login: www.jbhmplans.com Access the Public Jobs link, access the Project link, and access the Submit Bid tab.

Plans and Specifications Entitled:

Pike County Board of Supervisors Pike County Jail Renovations – Showers 2109 Jesse Hall Industrial Park Road Magnolia, MS 39652

May be inspected at the office of the Architect named below, or may be obtained from the Architect as set out below:

Qualified Prime (General) Contractors, Subcontractors, and Material Suppliers are required to register and order bid documents at www.jbhmplans.com.

Bid documents are available as paper prints or as digital copies. Cost of digital copy (.pdf Format) and/or the cost of paper prints will be listed on the www.jbhmplans.com website.

Bid documents are non-refundable and must be purchased through the website.

Questions regarding website registration and online orders please contact our web support line at (662) 407-0193.

All plan holders are required to have a valid email address for registration.

Partial sets will not be issued.

Proposals shall be submitted in duplicate only upon the blank proposal forms provided with the specifications and must be accompanied by Proposal Security in the form of Certified Check or acceptable Bid Bond in the amount equal to at least five percent (5%) of the Base Bid; such security to be forfeited as liquidated damages, not penalty, by any bidder who fails to carry out the terms of the proposal, execute contract and post-Performance Bond in the form and amount within the time specified. The Bid Bond, if used, shall be payable to the Owner.

http://www.jbhmplans.com/ http://www.jbhmplans.com/

00 11 13 - 2

ADVERTISEMENT FOR BIDS

Bids on the Project must be received on or before the period scheduled for the Project and no bid withdrawn after the scheduled closing time for the Project for a period of forty-five (45) days.

All bids submitted in excess of $50,000.00 by a Prime or Subcontractor to do any erection, building, construction, repair, maintenance, or related work must comply with the Mississippi Contractors Act of 1985, by securing a Certificate of Responsibility from the State Board of Contractors. Each bid, exceeding $5,000.00, must be accompanied by the Bidder's certified check or a bid bond, duly executed by the Bidder as principal and having surety thereon, a surety company approved by the Owner and signed by an agent, regularly commissioned and licensed to transact business in Mississippi, in the amount of five percent of the bid. All bid bonds must be accompanied by the appropriate Power of Attorney. No Power of Attorney is necessary with a certified check.

The Owner reserves the right to reject any and all bids on any or all projects and to waive informalities.

A Pre-Bid Conference has been scheduled for 10:00 AM on Wednesday, April 22, 2026 and will be held at the Pike County Jail, 2109 Jesse Hall Industrial Park Road, Magnolia, MS 39652.

A site tour of the project shall be available following the meeting. All general contract/major subcontract Bidders and Suppliers are urged to attend. All Bidders are expected to have familiarized themselves with conditions relating to the Work prior to the Pre-Bid Conference.

OWNER:

Pike County Board of Supervisors

Magnolia, Mississippi 39652

ARCHITECT:

JBHM ARCHITECTS, PA

1400 MEADOWBROOK ROAD, SUITE 101

JACKSON, MS 39211

PH: (601) 352-2699

DATES OF ADVERTISEMENT: Wednesday, April 8, 2026 Wednesday, April 15, 2026

END OF SECTION 001113

00 21 13 - 1

INSTRUCTIONS TO BIDDERS

SECTION 002113 INSTRUCTIONS TO BIDDERS

PART 1 - GENERAL

1.01 GENERAL REQUIREMENTS

A. Interpretations: Should a bidder find discrepancies in or omissions from the plans and specifications or be in doubt as to their written meaning, he should immediately notify the Architect in writing. The Architect will then send a written instruction or interpretation to all known holders of the documents if deemed appropriate by the Architect. Neither the Owner nor the Architect will be responsible for nor bound by any oral instructions or for a bidder's failure to make inquiry.

B. Addenda: Any addenda to the plans and/or specifications issued before or during the time of bidding will become a part of the Contract and receipt of same must be acknowledged by Bidder in his proposal.

C. "Or Equal" Substitutions: Refer to Section 002213, Paragraphs 3.4.2 and 3.4.4 and to

Section 012500 - "Or Equal" Substitutions: Bidder is advised that some sections of the specifications may not allow for substitutions and that the requirements of Sections 00 22 13 and 01 25 00 must be strictly complied with to obtain a substitution where substitution is allowed. Failure to strictly comply with Sections 00 22 13 and 01 25 00 and any requirements in the technical specifications which do not conflict with, and which are in addition to Sections 00 22 13 and 01 25 00 may, in the Owner's sole discretion, result in the rejection of the request for "or equal" substitution.

D. Construction Documents: As indicated in the Advertisement for Bids, Contract

Documents will be issued via link only. Bidders should include in Base Bid Proposal cost of printing all documents required for construction, as-built drawings, and close out documents.

1.02 BIDDING

A. Contract for Construction: Lump sum, single bid received from General Contractors and shall include General, Mechanical, Electrical, and Site work as well as all other work shown on plans and specified herein.

B. Subcontractors and Suppliers: The Bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a Subcontract or Purchase Order under this Contract must be acceptable to the Owner.

1. The Owner may make such investigation as he deems necessary to determine the ability of the Bidder or subcontractors or suppliers 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 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 Contract and to complete the work contemplated therein within the time required.

00 21 13 - 2

2. All subcontractors must have a current, valid, Contractor's License and/or Certificate of Responsibility where Bid exceeds $50,000.00.

3. Listing of Subcontractors and Suppliers:

a. So that the Owner may be assured that only qualified and competent subcontractors and suppliers will be utilized on the Project and to prevent "bid-shopping" and/or "bid-chopping", each Bidder shall identify within seven (7) days after Bid receipt date the name of the subcontractor and supplier used by the Bidder in his bid for each subcontractor and supplier whose bid or quote exceeds $50,000.00. Bidder's List shall be provided on the Listing Form provided with the Proposal Form. A Bidder's failure to indicate the name(s) of the subcontractors and major suppliers included in his lump sum price within seven (7) days after Bid receipt may result in the rejection of the Bidder's bid as nonresponsive.

b. The successful Bidder shall use the subcontractor and supplier identified by him as being included in his lump sum price, provided however, the Bidder assumes the risk that the subcontractor or supplier listed within the seven (7) day period will be acceptable to the Owner and the Architect. The Bidder shall not substitute another subcontractor for the listed subcontractor or supplier unless agreed to in writing by the Owner.

c. If Bidder lists itself as a supplier for any of the classifications listed, then the

Bidder will be required to furnish such product from its manufacturing inventory and to demonstrate to the Owner and Architect that it has satisfactory qualifications and prior experience manufacturing and furnishing such materials, equipment and/or products. If Bidder lists itself as a subcontractor for any of the classifications listed, then the Bidder will be required to perform the work with its own regularly employed personnel and to demonstrate to the Owner and Architect that it has satisfactory qualifications and prior experience performing such work with its own regularly employed personnel. The Owner reserves the right to reject any bid if the evidence submitted by Bidder fails to satisfy the Owner that the Bidder has satisfactory qualifications and prior experience performing such work and/or furnishing such materials, equipment and/or products.

1.03 CERTIFICATE OF RESPONSIBILITY

A. Each Bidder submitting a bid equal to or in excess of $50,000.00 on public or private projects must show on his bid and on the face of the envelope containing the bid, his Certificate of Responsibility Number, as required by Section 31-3-21 (latest revision) Mississippi Code. If the bid does not exceed $50,000.00, a notation so stating must appear on the face of the envelope.

B. Each subcontractor shall also have a Certificate of Responsibility Number, as required by Section 31-3-21 (latest revision), Mississippi Code.

C. Evidence: No bid will be opened, considered or accepted unless the above information is given as specified. Sufficient evidence that said Certificate of Responsibility has

00 21 13 - 3 been issued and is in effect at the time of receiving bids must be submitted if required by the Owner or the Architect. Likewise, it shall be the responsibility of the General Contractor to require a Certificate of Responsibility Number from any subcontractor that falls in the category of "B" above.

D. In accordance with Mississippi law, if the Bidder is a joint venture, either the joint venture or all of the Contractors which make up the joint venture must hold certificates of responsibility from the State Board of Contractors.

1.04 PRE-BID CONFERENCE

A. A pre-bid conference has been scheduled at 10:00 AM on Wednesday, April 22, 2026, at 2109 Jesse Hall Industrial Park Road, Magnolia, MS 39652.

B. All general contract/major subcontract Bidders and Suppliers are urged to attend.

C. All Bidders are expected to have familiarized themselves with conditions relating to the

Work prior to the pre-bid conference.

1.05 NON-RESIDENT CONTRACTOR

A. When a non-resident Contractor submits a bid for a Mississippi public project, he shall include with bid a copy of his resident State's current law pertaining to such State's treatment of non-resident Contractors as required by Section 31-3-21, Mississippi Code, (latest revisions) or a letter stating that his resident State has no such law pertaining to such State’s treatment of non-resident contractors.

1.06 BID SECURITY

A. Each bid, exceeding $5,000.00, must be accompanied by the Bidder's certified check or a bid bond, duly executed by the Bidder as principal and having surety thereon, a surety company approved by the Owner and signed by an agent, regularly commissioned and licensed to transact business in Mississippi, in the amount of five percent of the bid. All bid bonds must be accompanied by the appropriate Power of Attorney. No Power of Attorney is necessary with a certified check.

1.07 OPENING OF PROPOSALS

A. Refer to the Advertisement for Bids.

1.08 PREPARATION OF BID

A. Conditions of Work: Each Bidder must fully inform himself of the conditions relating to the construction of the project and employment of labor thereon. Failure to do so will not relieve a successful Bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his Contract. The Contractor must employ methods or means to cause no interruptions of or interference with the work of any other Contractor.

B. Examination of Site: All Bidders, including the general contractor and subcontractors, 00 21 13 - 4 will visit the site of the building, and inform themselves of all conditions. Failure to visit the site will in no way relieve the successful Bidder from his obligation to complete all work in accordance with the Contract Documents without additional cost to the Owner.

C. Staging and Access: All Bidders, including the general contractor and subcontractors, acknowledge that the construction premises are restricted, and that access is affected by the location of the Project, by the Facilities surrounding the Project and by other construction either presently being performed or proposed to be performed during the performance of this Contract. All Bidders, including the general contractor and subcontractors, further acknowledge that such limitations in space and accessibility have been taken into account in estimating their bids.

D. Laws and Regulations: The Bidder's attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project apply to the Contract. The successful Bidder shall be required to comply with all applicable laws, ordinances, rules and regulations at no additional cost to Owner whether such laws, ordinances, rules and/or regulations are enacted or adopted or become effective before or after bid opening.

E. Obligation of Bidder: At the time of opening of bids, Bidder will be presumed to have inspected the site and to have read and be thoroughly familiar with the plans and specifications, including all addenda.

F. Telegraphic and Facsimile Modifications: A Bidder may modify his bid by telegraphic or facsimile communication at any time, provided such communication is received by the Owner prior to the scheduled time for opening bids. Written confirmation must be received within two days from the bid opening time, or no consideration will be given the telegraphic or facsimile modifications.

1.09 PROPOSALS

A. Form: Submit all proposals on forms provided and fill all applicable blank spaces without interlineation, alteration, or erasure and recapitulations of the work to be done.

No oral, telegraphic, or telephonic proposals will be considered. Any addenda issued during the bidding must be noted on the Proposal Form.

B. Withdrawal: Any bid may be withdrawn prior to the time for opening of bids or authorized postponement thereof. Any bid received after the time and date specified will not be considered. All bids are irrevocable offers to contract at the price bid which may not be withdrawn until Forty-Five (45) days after bid opening.

C. Submittal: Submit bids in duplicate in an opaque sealed envelope bearing on the outside, the name and Certificate of Responsibility number of the Bidder, his address, bid opening date, time, complete project name, and project number.

D. Any bid modification or qualification on the outside of the envelope will be considered only if accompanied by signature and title of person making the modification.

E. Mailing: If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed to:

00 21 13 - 5

PIKE COUNTY BOARD OF SUPERVISORS

200 E. BAY STREET

MAGNOLIA, MS 39652

If submitting Electronic Bid: www.jbhmplans.com

F. Bidders are urged to deliver their bid to the Owner. Owner will not be responsible for misdelivery of mail or express deliveries.

1.10 Contract

A. Award of Contract: Award shall be made to the lowest and best Bidder, pursuant to

Mississippi law and these Instructions to Bidders. The lowest bid shall be the base bid or combination of base bid and those alternates which produce a total within available funds. The Owner reserves the right to waive irregularities and to reject any and all bids.

B. Evaluation of the lowest and best Bidder, pursuant to Mississippi law and these

Instructions to Bidders, will include but not be limited to the following:

1. The submitted bid price.

2. The Bidder's relevant experience with Public and/or School projects of similar size, complexity, cost, and schedule restraints.

a. Name of the project

b. Owner's name and contact information

c. Contract original sum and final contract amount

d. Contract original substantial completion date and actual substantial completion date

e. Indicate if there were any claims, liquidated damages imposed, etc.

3. The Bidder's proposed Project Manager's relevant experience with Public and/or

School projects of similar size, complexity, cost and schedule restraints.

4. The Bidder's proposed Superintendent's (on-site foreman's) relevant experience with Public and/or School projects of similar size, complexity, cost.

If requested by the Owner, the three lowest Bidders must provide requested information within 48 hours of receipt of bids.

C. Disqualification of Bidder: The Owner reserves the right to award to other than the low

Bidder when, in the Owner's judgment, it is in his best interest to do so. For instance, a Bidder may be disqualified for such reasons as:

1. Bidder being in arrears on existing contracts.

2. Bidder being in litigation with the Owner or the institution/agency.

3. Bidder having defaulted on or failed to satisfactorily complete a previous contract with the Owner, including Bidder's failure to satisfactorily fulfill the warranty obligations of a previous contract with the Owner.

4. The above is not an inclusive list.

D. Security for Faithful Performance: When the bid exceeds $5,000.00 and simultaneously

00 21 13 - 6 with his delivery of the executed Contract, the Contractor will furnish a payment and a performance bond in accordance with Section 31-5-51 et. seq. of the Mississippi Code (latest revision). The surety on such bonds will be a duly authorized surety company licensed to do business in the state of Mississippi which is acceptable to the Owner and which is listed on the United States' Treasury Department's list of acceptable sureties.

E. Time of Completion: By submission of its bid, Bidder agrees to commence work on or before a date specified in a written "Notice to Proceed" and to fully complete the Project within the time stated in the Bid Proposal Form.

F. Liquidated Damages for Failure to Enter into Contract: The successful Bidder, upon his failure or refusal to execute and deliver the Contract and required bonds within ten days after he has received notice of the acceptance of his bid, will forfeit to the Owner as liquidated damages the security deposited with his bid.

G. Liquidated Damages for Failure to Substantially Complete Project in Time Stipulated:

Applicable when stipulated sum is shown in Section 002213, Paragraph 9.11.

1.11 BID DOCUMENTS

A. Plans and Specifications are available, unless noted otherwise on the Advertisement for

Bid, at the office of the Architect, JBHM Architects, PA, 1400 Meadowbrook Road, Suite 101, Jackson, Mississippi 39211

B. No partial sets of documents will be issued or accepted for return.

END OF SECTION 002113

SUPPLEMENTARY CONDITIONS 002213-1

SECTION 002213 - SUPPLEMENTARY CONDITIONS

PART 1 GENERAL

1.1 DESCRIPTION

A. The following Supplementary Conditions modify the "General Conditions of the Contract for Construction," AIA Document A201, 2017. Where a portion of the General Conditions is modified or deleted by the Supplementary Conditions, the unaltered portions of the General Conditions shall remain in effect. In the event of a conflict between the General Conditions of the Contract for Construction and Section 002213, Section 002213 shall control even if the conflicting provision in the General Conditions of the Contract for Construction is not expressly revised or deleted by reference in Section 002213.

B. The General Conditions may also be supplemented or amplified elsewhere in the Contract Documents by provisions located in, but not necessarily limited to, Division 1 of the Specifications.

1.2 SUPPLEMENTS

ARTICLE 1 - GENERAL PROVISIONS

1.1 BASIC DEFINITIONS

1.1.1 THE CONTRACT DOCUMENTS:

Delete the last sentence in Article 1.1.1 and insert the following:

The Contract Documents shall include the Instructions to Bidders, the plans, the specifications, including Divisions 0 through 16, all Addenda and modifications to the plans and/or specifications, the Agreement between Owner and Contractor, the performance and payment bonds, the notice to proceed and any executed change orders. Information and documentation pertaining to soil investigation data, laboratory investigations, soil borings and related information included herein are not part of the Contract Documents. In the event of a conflict between the provisions of Division 0 and any other section of the Contract Documents, such other sections(s) shall govern.

1.1.2 THE CONTRACT

Add the following to the end of Article 1.1.2:

Large scale drawings shall govern over small scale drawings where there are differences or conflicts between such drawings. Where the word "similar" appears on the plans, it shall not be interpreted to mean "identical" and shall require the Contractor to coordinate the actual conditions and dimensions of the location where the "similar" conditions are shown to occur.

1.1.9 MISCELLANEOUS DEFINITIONS Add the following:

The term "products" as used in these Supplementary Conditions includes materials, systems, and equipment.

1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS

1.2.4 Add the following Article 1.2.4:

It is the intent of the Contract Documents that the Contractor shall properly execute and complete the Work described by the Contract Documents, and unless otherwise provided in the Contract, the Contractor shall provide all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services, whether

SUPPLEMENTARY CONDITIONS 002213-2

temporary or permanent and whether or not incorporated in the Work, in full accordance with the Contract Documents and reasonably inferable from them as necessary to produce the intended results.

1.2.5 Add the following Article 1.2.5:

The Contract Documents shall be interpreted collectively, each part complementing the others and consistent with the intent of the Contract Documents. Unless an item shown or described in the Contract Documents is specifically identified to be furnished or installed by the Owner or others or is identified as "Not In Contract" ("N.I.C."), the Contractor's obligation relative to that item shall be interpreted to include furnishing, assembling, installing, finishing, and/or connecting the item at the Contractor's expense to produce a product or system that is complete, appropriately tested, and in operable condition ready for use or subsequent construction or operation by the Owner or separate contractors. The omission of words or phrases for brevity of the Contract Documents, the inadvertent omission of words or phrases, or obvious typographical or written errors shall not defeat such interpretation as long as it is reasonably inferable from the Contract Documents as a whole.

Words or phrases used in the Contract Documents which have well-known technical, or construction industry meanings are to be interpreted consistent with such recognized meanings unless otherwise indicated.

Except as noted otherwise, references to standard specifications or publications of associations, bureaus, or organizations shall mean the latest edition of the referenced standard specification or publication as of the date of the Advertisement of Bids.

In the case of inconsistency between Drawings and Specifications or within either document not clarified by addendum, the better quality or greater quantity of Work shall be provided in accordance with the Architect's interpretation.

Generally, portions of the Contract Documents written in longhand take precedence over typed portions, and typed portions take precedence over printed portions.

Any doubt as to the meaning of the Contract Documents or any obscurity as to the wording of them, shall be promptly submitted in writing to the Architect for written interpretation, explanation, or clarification.

1.7 DIGITAL DATA USE AND TRANSMISSION - Delete this Article 1.7 entirely.

The agreed upon protocols shall be the same as or similar to the AIA Document G201-2013 Project Building Information Modeling Protocol Form.

ARTICLE 2 - OWNER

2.2 EVIDENCE OF THE OWNER'S FINANCIAL ARRANGEMENTS

2.2.1 Add the following to the beginning of Article 2.2.1:

"If the Project is a private project, not funded by public funds, then . . .".

2.2.2 Delete Article 2.2.2 entirely.

2.3 INFORMATION AND SERVICES REQUIRED OF THE OWNER

2.3.1 Delete Article 2.3.1 in its entirety.

2.3.4 Delete Article 2.3.4 in its entirety.

SUPPLEMENTARY CONDITIONS 002213-3

2.3.6 Delete Article 2.3.6 in its entirety and insert the following:

As indicated in the Advertisement for Bids, Contract Documents will be issued via hard copy and / or CD. Bidders should include in their Base Bid Proposal, the cost of printing all documents required for construction, as-built drawings, and close out documents.

2.4 OWNER'S RIGHT TO STOP THE WORK

2.4 Delete Article 2.4 in its entirety and insert the following:

2.4 If the Contractor fails to correct Work which is not in accordance with the requirements of the

Contract Documents as required by Article 12.2 or fails to carry out Work in accordance with the Contract Documents or fails to perform any of its obligations under the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. However, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Article 6.1.3.

The rights and remedies under this Article 2.4 are in addition to and do not in any respect limit any other rights of the Owner, including its termination rights under Article 14.

ARTICLE 3 - CONTRACTOR

3.1 GENERAL

3.1.1 Add the following at the end of Article 3.1.1:

The relationship of Contractor to Owner shall be that of independent contractor, and nothing in the Contract Documents is intended to nor should it be construed as creating any other relationship, expressed or implied, between Owner and Contractor.

3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR

3.2.5 Add the following Article 3.2.5:

The Owner is entitled to deduct from the Contractor's pay applications for amounts paid to the Architect for evaluating and responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where the requested information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation.

3.4 LABOR AND MATERIALS

3.4.2 Add the following to the end of Article 3.4.2:

Some Sections of the Specifications may not allow substitution of materials, products, or equipment. Where substitution is allowed the request for substitution will only be considered if made in strict accordance with the requirements of Article 3.4.4 below and Section 012500.

3.4.4 Add the following Article 3.4.4:

After the Contract has been executed, the Owner and the Architect may consider a request for the substitution of products in place of those specified only under the conditions set forth in Section 012500 of the specifications.

SUPPLEMENTARY CONDITIONS 002213-4

By making requests for substitutions, the Contractor:

.1 Represents that the Contractor has personally investigated the proposed substitute product and determined that it is equal or superior in all respect to that specified;

.2 Represents that the Contractor will provide the same warranty for the substitution that the Contractor would for that specified;

.3 Certifies that the cost data presented is complete and includes all related costs under this Contract except the Architect's redesign costs, and waives all claims for additional costs related to the substitution which subsequently becomes apparent; and

.4 Shall coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects at its costs.

All substitutions shall be submitted within 30 days of the Notice to Proceed, as per Section 012500.

3.4.5 Add the following Article 3.4.5:

Contractor represents that it has independently investigated, considered, and understands the labor conditions in the area surrounding the Project and acknowledges that such conditions may impact the Contractor's cost and/or time of performance of the Contract. Therefore, Contractor further represents that the Contract Price is based upon Contractor's independent investigations into such labor conditions and that the Contract time is reasonable, and the date of Substantial Completion is obtainable. As a result, Contractor assumes the risk of increased costs, if any, incurred by it arising out of or related to such labor conditions and acknowledges that Contractor and its surety will reimburse Owner for any additional costs Owner incurs arising out of or related to such labor conditions.

3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS

3.7.1 Delete Article 3.7.1 in its entirety and insert the following:

The Contractor shall secure and pay for the building permit and all other permits, fees, licenses, inspections and all other approvals and charges necessary for proper execution and completion of the Work.

3.7.3 Delete the words "knowing it to be" from Article 3.7.3.

3.8.2.3 Add the following to the end of Article 3.8.2.3:

. . . except when installation is specified to be included as part of the allowance in the General Requirements (Division 1 of the Specifications).

3.9 SUPERINTENDENT

Add the following to the end of Article 3.9.1:

The Contractor shall also employ a competent project manager who shall be primarily responsible for the Contractor's home office activities in connection with the Contract.

The Owner shall have the right, which shall be exercised in a reasonable fashion, to approve the project manager and/or superintendent employed by the Contractor, either before or during the progress of construction.

The superintendent and project manager for the project shall be designated by the Contractor at the pre-construction conference. After Owner's approval of such project manager and superintendent, they shall not be replaced by the Contractor without the Owner's prior written

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consent, which consent is required unless the Contractor submits proof satisfactory to the Owner that the superintendent and/or the project manager should be terminated by the Contractor for cause.

3.10 CONTRACTOR'S CONSTRUCTION AND SUBMITTAL SCHEDULES

3.10.1 Add "but, in any event, no less than submission of a revised schedule with each monthly application for payment pursuant to Section 9.3" between "intervals" and "as" in the fourth sentence.

3.10.3 Delete Article 3.10.3 in its entirety and insert the following:

Time being of the essence, the Contractor shall perform the Work in accordance with the most recent schedule submitted to and approved by the Owner and Architect.

3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

3.12.6 Add the following to the end of Article 3.12.6:

In reviewing Shop Drawings, Product Data, Samples, and similar submittals the Architect shall be entitled to rely upon the Contractor's representation that such information is correct and accurate.

3.12.8 Add the following to the end of Article 3.12.8:

Unless such written notice has been given, the Architect's approval of a Shop Drawing, Product Data, Sample or similar submittal shall not constitute approval of any changes not requested on the prior submittal.

3.12.9 Add the following to the end of Article 3.12.9:

The Architect's review of the Contractor's submittals will be limited to examination of an initial submittal and one (1) resubmittal. The Architect's review of additional submittals will be made only with the consent of the Owner after notification by the Architect. The Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect for evaluation of such additional resubmittals.

3.12.10.1 Delete the second sentence entirely and replace with: "The performance and design criteria specified by the Architect in the Contract Documents shall be prepared in accordance with the applicable standard of care."

3.18 INDEMNIFICATION

3.18.1 Add the word "defend," before the word "indemnify" in the first line, add the words "or

Nonperformance" after the word "performance" in the third line and delete the phrase which begins "provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself)," to the end of the sentence.

ARTICLE 4 - ARCHITECT

4.2 ADMINISTRATION OF THE CONTRACT

4.2.4 Delete the last sentence entirely.

4.2.10 Delete Article 4.2.10 in its entirety.

ARTICLE 5 - SUBCONTRACTORS

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5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK

5.2.1 Delete the phrase "Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract" from the first sentence of Article 5.2.1 and insert the following in lieu thereof:

"The Contractor, with its first Application for Payment and as a condition to the Owner's obligation to make payments to Contractor under Article 9 of the General Conditions as supplemented herein,"

5.2.5 Add the following Article 5.2.5:

The Contractor's unauthorized substitution of any subcontractor, supplier, person, or entity previously identified by Contractor in accordance with Article 5.2.1 shall entitle the Owner to reject the work, materials or product furnished and require removal and replacement at no additional cost to the Owner.

ARTICLE 6 - CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE

CONTRACTS

Delete Articles 6.1.1, 6.1.2, 6.1.3, 6.1.4 in their entirety and insert the following:

6.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts either in connection with other portions of the Project or other construction or operation on the site. In such event, the Contractor shall coordinate its activities with those of the Owner and of Separate Contractors so as to facilitate the general progress of all work being performed by all parties. Cooperation will be required in the arrangement for the storage of materials, and in the detailed execution of the Work.

The Contractor, including his subcontractors, shall keep informed of the progress and the detailed work of the Owner or Separate Contractors and shall immediately notify the Architect of lack of progress or delays by Separate Contractors which are affecting Contractor's Work. Failure of Contractor to keep informed of the progress of the work of the Owner or Separate Contractors and/or failure of Contractor to give notice of lack of progress or delays by the Owner or Separate Contractors shall be deemed to be acceptance by Contractor of the status of progress by Separate Contractors for the proper coordination and completion of Contractor's Work. If, through acts or neglect on the part of the Contractor, the Owner or any Separate Contractors shall suffer loss or damage or assert any claims of whatever nature against the Owner, the Contractor shall defend, indemnify, and hold harmless the Owner from any such claims or alleged damages, and the Contractor shall resolve such alleged damages or claims directly with the Separate

Contractors.

6.2 MUTUAL RESPONSIBILITY

6.2.3 Delete Article 6.2.3 in its entirety.

ARTICLE 7 - CHANGES IN THE WORK

7.1 GENERAL

7.1.3 Add the following to the end of Article 7.1.3:

Except as permitted in Article 7.3, a change in the Contract Sum or the Contract Time shall only be accomplished by written change order. Therefore, the Contractor acknowledges that it is not entitled to a change in the Contract Sum or the Contract Time in the absence of a written change

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order on the basis of the course of conduct or dealings between the parties and/or the Owner's express or implied acceptance of alterations or additions to the Work and/or the Owner has been unjustly enriched by the Contractor's Work or any other basis otherwise allowed by law or the facts and Contractor agrees that any such extra or changed work was performed by it as a volunteer.

7.2 CHANGE ORDERS

7.2.2 Add the following Article 7.2.2:

Contractor's execution of a change order constitutes a final settlement to the Contract Sum and construction schedule and the Contract Time for all matters relating to or arising out of the change in the Work that is the subject of the change order including, but not limited to, all direct and indirect costs associated with such change, all extended direct job site and home office overhead expenses and any and all delay and impact cost for the change, whether alone or in combination with other changes, including any impact, ripple or cumulative effect resulting therefrom, if any.

7.2.3 Add the following Article 7.2.3:

Adjustments to the Contract Sum by change order shall be based upon one of the methods set forth in Article 7.3.3.1, 7.3.3.2, 7.3.3.3 or 7.3.3.4, as appropriate. A reasonable allowance for the combined overhead and profit included in the change order shall be based upon the schedule set forth in Article 7.3.11, as supplemented.

7.2.4 Add the following Article 7.2.4:

In order to facilitate consideration of change order requests, all such requests, except those involving an amount less than $500 must be accompanied by a complete itemization of costs, including labor, materials and subcontractor costs which shall likewise be itemized. Changes for more than $500 will not be approved without such itemization.

7.3 CONSTRUCTION CHANGE DIRECTIVES

7.3.5 Add "Owner or" between "the" and "Contractor" in both places they appear in this Article.

7.3.8 Delete the first sentence and insert the following:

The amount of credit to be given by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the actual net cost plus reasonable allowance for overhead on net cost and profit thereon as approved by the Architect and Owner.

7.3.11 Add the following Article 7.3.11:

The allowance for overhead and profit combined, including extended direct job and home office overhead and any and all delay, impact, inefficiency, disruption and ripple effect to be included in the total cost to the Owner, shall be based on the following schedule:

.1 For the Contractor, for work performed by the Contractor's own forces, 15 percent of the cost.

.2 For the Contractor, for work performed by the Contractor's subcontractor, 10 percent of the amount due the subcontractor.

.3 For each subcontractor or sub-subcontractor involved, for work performed by that subcontractor or sub-subcontractor's own forces, 15 percent of the cost.

.4 For each subcontractor, for work performed by the subcontractor's sub-subcontractor's, 10 percent of the amount due the sub-subcontractor.

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.5 Costs to which overhead and profit is to be applied shall be determined in accordance with Article. 7.3.4.

ARTICLE 8 - TIME

8.2 PROGRESS AND COMPLETION

8.2.1 Add the following to the end of the second sentence:

and that the Contractor is fully capable of properly completing the Work within the Contract Time.

8.3 DELAYS AND EXTENSIONS OF TIME

8.3.3 Add the following to the end of Article 8.3.3:

No delay, interference, hindrance or disruption, from whatever source or cause, in the progress of the Contractor's Work shall be a basis for an extension of time and/or additional compensation, unless the delay, interference, hindrance or disruption (1) is without the fault and not the responsibility of the Contractor, its subcontractors and/or suppliers and (2) directly affects the overall completion of the Work as reflected on the critical path of the Contractor's updated and accepted construction schedules. The Contractor expressly agrees that the Owner shall have the benefit of any float in the construction schedule and that delays to construction activities, which do not affect the overall completion of the Work, do not entitle the Contractor to any extension in the Contract Time and/or increase in Contract Sum.

8.3.4 Add the following Article 8.3.4:

All claims by the Contractor for an increase in the Contract Time must follow the procedures set forth in Articles 15.1.2, 15.1.3, 15.1.5 and 15.1.6, including the requirement that the Contractor give written notice of any claim within twenty-one (21) days after occurrence of the event giving rise to such claim or within twenty-one (21) days after the Contractor first recognizes the condition giving rise to the claim, whichever is earlier.

8.3.5 Add the following Article 8.3.5:

If the Contractor submits a schedule indicating or otherwise expressing an intent to complete the Work prior to the date of substantial completion, the Owner shall have no liability to the Contractor for any failure by the Contractor to complete the Work prior to the expiration of the Contract Time.

ARTICLE 9 - PAYMENTS AND COMPLETION

9.3 APPLICATION FOR PAYMENTS

9.3.1 Add the following sentence to the end of Article 9.3.1:

The form of Application for Payment will be the current edition of the AIA Document G702, Application and Certification for Payment, supported with AIA Document G703, Continuation Sheet.

9.3.1.3 Add the following Article 9.3.1.3:

In any contract awarded by the state of Mississippi or any agency, unit or department of the State of Mississippi, or by any political subdivision thereof, the amount of retainage that may be withheld is governed by Mississippi law.

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9.3.2.1 Add the following Article 9.3.2.1:

Payment for materials stored at some location other than the Project site, may be approved by the Architect and the Owner after the Contractor has submitted the following items:

.1 An acceptable Lease Agreement between the Contractor or one of its subcontractors or suppliers and the owner of the land, or building, where the materials are stored covering the specific area where the materials are located.

.2 Consent of Surety or other acceptable bond to cover the materials stored off-site.

.3 All Perils Insurance coverage for the full value of the materials stored off-site.

.4 A Bill of Sale from the Manufacturer to the Contractor for the stored materials.

.5 A complete list and inventory of materials manufactured, stored, and delivered to the storage site and of materials removed from the storage site and delivered to the Project.

.6 A review by the Architect of the materials stored off-site prior to release of payment.

.7 Proof of payment of stored materials verified by the supplier must be submitted to the Architect within thirty (30) days of the Application for Payment on which payment for said materials was made. If proof of payment is not submitted within thirty (30) days, then payment for said materials will be deducted from the next application for payment and withheld until proof of payment is received.

9.5 DECISIONS TO WITHHOLD CERTIFICATION

9.5.1.7 Delete the word "repeated".

9.5.1.8 Add the following Article 9.5.1.8:

The letter from the Contractor which is required by Article 15.1.6.2 has not been received.

9.6 PROGRESS PAYMENTS

9.6.1 Delete Article 9.6.1 in its entirety and insert the following:

Subject to the conditions of the Contract, the Owner shall make payment to the Contractor in the amount certified within thirty (30) days after receipt of the Certificate for Payment from the Architect. Payment shall not be considered late until thirty (30) days after Owner's receipt of the approved Certificate for Payment from the Architect.

9.6.1.1 Contractor's Applications for Payment shall be submitted on or before the 25th day of each month.

Any application not submitted on or before this date may not be processed or approved until the following month.

9.6.7 Delete the word "Unless" from the first sentence and insert the phrase "Whether or not." Add the following to the end of Article 9.6.7:

The amount retained by the Contractor from each payment to each Subcontractor and material supplier shall not exceed the percentage retained by the Owner from the Contractor for the Subcontractor's Work.

9.7 FAILURE OF PAYMENT

9.7 In the first sentence, delete the words "or awarded by binding dispute resolution".

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9.8 SUBSTANTIAL COMPLETION

9.8.1 Delete Article 9.8.1 in its entirety and insert the following:

Substantial completion for purposes of this Contract occurs only upon Contractor's compliance with the following conditions precedent: (a) the Contractor furnishes to the Architect all close-out documents required by the Contract Documents in a form satisfactory to the Architect and the Owner, (b) the Contractor furnishes the manufacturers' certifications and/or warranties required by the Contract Documents; (c) the Contractor furnishes the Guarantee of Work set forth hereinbelow; and (d) the Architect certifies that the Work is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended purpose.

The Guarantee of Work shall be submitted as a separate document signed by Contractor and Contractor's Surety and shall state the following:

Contractor and Contractor's Surety hereby guarantee that all Work performed on the Project is free from defective and/or nonconforming materials and workmanship and that for a period of one year from the date of substantial completion or such longer period of time as may be called for in the Contract Documents for such portions of the Work, Contractor or its Surety will repair and/or replace any defective and/or nonconforming materials and workmanship in accordance with the requirements of the Contract Documents.

9.8.2.1 Add the following Article 9.8.2.1:

The Contractor shall be responsible for the costs of inspections made by the Architect including any and all other related expenses incurred by the Architect for providing services for the Project required by failure of the Contractor to achieve final acceptance / completion of the Project within 30 days after the first occurrence of the below described events:

1. Specified date of Substantial Completion; or

2. Actual date of Substantial Completion.

3. More than two (2) reviews of close out documents.

The costs of the Architect's additional services shall be deducted by the Owner…

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