Attachment B2 CBQA- CM-GC - Special Conditions docx.pdf

KSU – Health Sciences Center Account No. 435 CBQA KS64 00

SPECIAL CONDITIONS - 010001 Page 1 of 8

Contents

Article Title ‘1 Special Conditions Supplement ‘2 The Project ‘3 Project Contacts ‘4 Times for Completion ‘5 Liquidated Damages ‘6 Temporary Facilities and Controls ‘7 Special Inspections and Testing ‘8 Allowances ‘9 Unit Prices

‘10 Schedule of Additive Alternates ‘11 Additional Project Completion or Close-out Requirements ‘12 Special Project Site Security or Access Required ‘13 Special Delegated Design Requirements ‘14 Other Special Conditions of Contract

Articles

‘1 Special Conditions:

These Special Conditions are a provided as a supplement to the General Conditions in the Specifications. Special Conditions will also supersede General Conditions where changes are necessary to coordinate with specific project requirements.

PART 2 – PROJECT DESCRIPTION:

‘2 The Project:

The term "Project" means the total construction of the Work performed under the Contract Documents, which may be the whole or a part, and which may include construction by the Owner or by separate contracts.

‘3 Project Contacts:

(Refer to Drawings for Company Addresses/Phone Numbers)

In the roles defined by the General Conditions as “Architect” and as used throughout the Contract Documents as the Architect of the work being constructed,, the following firm and its sub-consultants are working under separate contract with the Owner to provide the services under this role:

Architect of Record: Company Name: Omni Architects Principal-In-Charge: Eric Zabilka, AIA Project Manager: Brittany Leneave Smoot, AIA

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Design Architect: Company Name: Hanbury Principal-In-Charge: Patrick O’Keefe Project Manager: Craig Carbrey

Structural Engineer/s: Company Name: KPFF Engineers Principal-In-Charge: Gregory Buccola Project Manager: Chris Day

MEP Engineer/s: Company Name: KLH Engineers Principal-In-Charge: Chris Mehaffie Project Manager: Nathan Lewis

Civil/Landscape: Company Name: CARMAN Principal-In-Charge: Kevin Warner Project Manager: Travis Edelen

Laboratory Design Consultant: Company Name: Hanbury Principal-In-Charge: Patrick O’Keefe Project Manager: Craig Carbrey

In the roles defined by the General Conditions as “Owner” and as used throughout the Contract Documents as the Owner of the work being constructed, is the Commonwealth of Kentucky, acting through the Finance and Administration Cabinet, Department for Facilities Management and Support Services, Division of Engineering and Contract Administration. The Owner is solely represented by the following:

Owner: Finance and Administration Cabinet Facilities and Support Services Division of Engineering and Contract Administration Project Manager: Anne Muller Executive Director: Scott Baker

In the role defined by General Conditions, “Agency or Using Agency”, is a state government entity which utilizes the work being constructed. This agency is a client of the Owner and advises the Owner on matters related to the project. This Using Agency does not possess the legal authority of Owner:

Using Agency: Kentucky State University Project Manager: Jack McNear

In the roles defined by the General Conditions as “Commissioning Authority” and as used throughout the Contract Documents as the Commissioning Agent of the work being constructed,, the following firm is working under separate contract with the Owner to provide the services under this role:

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Commissioning Authority: Company Name: TBD, Provided by Owner.

Principal-In-Charge:

Project Manager:

In the roles defined by the General Conditions as “Special Inspector” and as used throughout the Contract Documents as the firm performing Special Inspections as required by the Kentucky Building Code for the work being constructed,, the following firm is working under separate contract with the Owner to provide the services under this role:

Special Inspector: Company Name: TBD, Provided by Owner.

Principal-In-Charge:

Project Manager:

‘4 Times of Completion:

Subject to the conditions of Article ’16 – “Delays and Extension of Time” of the General Conditions, the work to be performed under this Contract shall be completed as follows:

Substantial Completion: ___Calendar Days or ___ months from date of Executed Contract for Construction. Article ’19.4 of the General Conditions set forth specific requirements of the Commonwealth of Kentucky that are necessary to be fulfilled by the Contractor in order to be determined to have accomplished Substantial Completion by this date. Refer to Article ’11 of these Special Conditions for additional requirements of this specific project required to accomplish Substantial Completion.

Final Completion: 30 Calendar Days beyond Substantial Completion. Article ’19.5 of the General Conditions set forth specific requirements of the Commonwealth of Kentucky that are necessary to be fulfilled by the Contractor in order to be determined to have accomplished Final Completion by this date. Refer to Article ’11 of these Special Conditions for additional requirements of this specific project required to accomplish Final Completion.

Substantial and final completion dates, and liquidated damages for delay, will be established for each Phase of the Project, prior to the beginning of such Phase through a Change Order approved by the A/E and executed by the Owner and Construction Manager/General Contractor.

As indicated in Article ‘4 of the General Conditions, “Construction Schedule”, the following limitations of work times are set forth herein that are to be accounted for by the Contractor in scheduling and sequencing of the work:

Work Restrictions and “Black-Out” Dates: Work Restrictions are to follow all DECA and KSU requirements including the security requirements for the campus.

Work restrictions and “black-out” dates will be established for the Project during Phase C Design.

Full Owner Occupancy: Owner will occupy the adjacent site and adjacent existing building(s) during entire construction period. Contractors must cooperate with Owner during construction operations to

SPECIAL CONDITIONS - 010001 Page 4 of 8 minimize conflicts and facilitate Owner usage. Perform the Work so as not to interfere with Owner's day-to-day operations. Maintain existing exits unless otherwise indicated.

1. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities.

Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from Owner and approval of authorities having jurisdiction.

2. Maintain all site circulation, parking and existing facility access. Coordinate any closures or limitations of access to exterior areas with Owner.

3. Notify Owner not less than one week in advance of activities that will affect Owner's operations.

4.1 Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after providing temporary utility services according to requirements indicated:

1. Notify Architect and Owner not less than one week in advance of proposed utility interruptions.

2. Obtain Architect's and Owner's written permission before proceeding with utility interruptions.

4.2 Restricted Substances: Use of tobacco products and other controlled substances on Project site is not permitted.

Products ordered by the Owner in Advance/ Anticipated Delivery Dates:

Any products ordered by the Owner in advance will be identified for the Project during Phase C Design.

Construction Contract Time required for Commissioning: Commissioning will be performed under a separate Contract with Owner.

Construction Contract Time required for Testing and Balancing: Testing and Balancing will be performed under a separate Contract with Owner.

Commissioning and Test & Balance (TAB) activities are considered critical project requirements. The Contractor shall incorporate all commissioning, TAB, system startup, functional performance testing, corrective actions, retesting, and final acceptance activities into the baseline construction schedule.

Adequate duration and logical sequencing shall be provided to ensure these activities are completed without delaying Substantial Completion or Final Completion. The construction schedule shall be reviewed and accepted by the Owner and Design Team prior to commencement of construction, and Commissioning and TAB activities shall remain fully integrated into all schedule updates throughout the duration of the project.

‘5 Liquidated Damages / Damages from Untimely Performance:

In accordance with Article ’19.7 of the General Conditions, the Contractor shall pay the Owner the following identified amount for each and every calendar day of unexcused delay in achieving Substantial Completion and Final Completion beyond the date set for below for each:

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Substantial Completion Liquidated Damages are $_____/calendar day for each day beyond the established Date of Substantial Completion for each phase until the Actual Date of Substantial Completion is achieved. (See Article ’19.4 of the General Conditions and Article ’11 of these Special Conditions for requirements for Substantial Completion).

Final Completion Liquidated Damages are $_____/calendar day for each day beyond the established Date of Final Completion for each phase until the Actual Date of Final Completion is achieved. (See Article ’19.5 of the General Conditions and Article ’11 of these Special Conditions for requirements for Final Completion).

Substantial and final completion dates, and liquidated damages for delay, will be established for each Phase of the Project, prior to the beginning of such Phase through a Change Order approved by the A/E and executed by the Owner and Construction Manager/General Contractor.

‘6 Contractor Provided Temporary Facilities and Controls:

Utilities: Contractor provided unless specified otherwise.

The Construction Manager shall pay for and coordinate through the Consultant and/or the Owner's Project Manager all associated Work by utility companies including relocation of utility poles, installation of new street lights, relocation of overhead or underground lines, and any other Work called for on the Plans and in the Specifications.

‘7 Special Inspections and Testing:

Article ’12 of the General Conditions and the technical specifications of the Contract Documents define and establish the requirements and provisions for Inspection of the Work, Special Inspections performed by others working under separate contract with the Owner, and testing to be provided by the Contractor.

Structural Special Inspections and Testing: Owner Provided. Special inspection requirements noted on the structural drawings.

Site Special Inspections and Testing: Owner Provided.

Contractor Provided Testing: All other testing required by the Contract Documents are Contractor Provided Testing.

‘8 Allowances included in the Contract Amount:

The Construction Manager shall have included in the Contract Amount all costs necessary to complete the Work. Costs based on “allowances” shall be permitted only for objectively quantifiable items and only with the prior written approval of the Owner. No allowances shall have been included in the calculation of the Construction Manager’s fixed fee quotation in the

RFP.

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Costs based on allowances may be included in Subcontract bid packages only with the prior written approval of the Owner, and only for objectively quantifiable material items.

Any allowance amounts included in a Subcontract bid package, but not expended for the approved task during the course of the work of that Subcontract, shall be deducted from the Construction Manager’s contract by Change Order.

Allowances shall include all necessary materials, costs of delivery, installation labor, tools and equipment necessary to provide the item or services indicated in the Allowance. When the item of work or service is completed, the Contact Amount is modified by Change Order to reconcile the Allowance with the actual cost of the item or service provided. The contractor’s overhead, profit, insurance and bonds, and administrative costs are included in the prescribed markup permitted by Article ’14 of the General Conditions “Changes in the Work” and are not to be included in the Allowance.

Allowances will be identified during Phase C Design.

‘9 Unit Prices established by the Form of Proposal:

The Contractor is required at time of submitting a bid proposal for this work to provide specific Unit Prices that will be used to add or deduct those specific work items or services by an established unit of measure and the stated price per unit.

Unit prices include all necessary materials, costs of delivery, installation labor, tools and equipment necessary to provide the unit measured item. If a unit price is used in a change to the work by Change Order, the contractor’s overhead, profit, insurance and bonds, and administrative costs are included in the prescribed markup permitted by Article ’14 of the General Conditions “Changes in the Work” and are not to be included in the unit price.

Contractors should submit lump sum pricing for changes when such pricing is less than a unit price total. For example, a significant change in scope may not warrant utilizing unit pricing.

Final pricing to be reviewed by Architect prior to submittal to Owner.

Measurement and Payment: See individual Specification Sections for work that requires establishment of unit prices. Methods of measurement and payment for unit prices are specified in those Sections.

Owner reserves the right to reject Contractor's measurement of work-in-place that involves use of established unit prices and to have this work measured, at Owner's expense, by an independent surveyor acceptable to Contractor.

For a schedule of Unit Prices see the “Unit Prices” section of the Bid Form of Proposal and specifications Section 012200.

Unit Prices will be identified during Phase C Design.

‘10 Schedule of Additive Alternates:

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The Bid Form of Proposal includes Additive Alternates that, if accepted by the Owner during review of bids, become a part of the Contract Amount. Additive Alternates are listed in the order which they will be considered and may be accepted by the Owner to be included in the base Contract of the Work. The following is the sequential listing and general description of Additive Alternates:

Additive Alternates will be identified during Phase C Design.

Additive Alternates include all necessary materials, costs of delivery, installation labor, tools and equipment, contractor’s overhead, profit, insurance and bonding, and administrative costs. All work necessary to provide the work described in the Additive Alternate is to be included.

‘11 Additional Project Completion or Project Close-Out Required:

Article ’19.4 of the General Conditions “Substantial Completion” defines the specific MANDATORY requirements to be accomplished or provided to achieve Substantial Completion of the Project. In addition to those requirements, the following requirements are also MANDATORY requirements to be accomplished or provided to achieve Substantial Completion of this Project:

• All inspection warranties are to start from the date of Substantial Completion unless otherwise altered by the Director of the Division of Engineering. Inspections listed are to be included in the Construction Schedule as items with specific dates scheduled so as to meet the Date of Substantial Completion.

Article ’19.5 of the General Conditions “Final Completion” defines the specific MANDATORY requirements to be accomplished or provided to achieve Final Completion of the Project. In addition to those requirements, the following requirements are also MANDATORY requirements to be accomplished or provided to achieve Final Completion of this Project:

‘12 Special Project Site Security or Access Requirements:

Special Project Site Security or Access Requirements will be identified during Phase C Design.

‘13 Special Delegated Design Requirements:

Special Delegated Design Requirements will be identified during Phase C Design.

‘14 Other Special Conditions of Contract:

14.1 Pre-Purchased Items: The Owner, in an effort to expedite this Project, has pre-ordered certain long lead time items. The following is the list of material that has been pre-ordered:

Any products ordered by the Owner in advance will be identified for the Project during Phase C Design.

All Pre-Ordered Material will be specified to be shipped to a location specified by Owner. It will be the Construction Manager’s responsibility to receive and off load the Pre-Ordered Material. If

SPECIAL CONDITIONS - 010001 Page 8 of 8 there is damage to the Pre-Ordered Material, then the Construction Manager is to notify the Owner's Project Manager immediately so that the Owner can seek replacement material.

14.2 Hot Work: All work involving open flames or producing heat and or sparks in occupied buildings will require the Construction Manager to obtain approval to perform “Hot Work” on site. This includes, but is not limited to: Brazing, Cutting, Grinding, Soldering, Thawing Pipe, Torch Applied Roofing, and Cad welding.

14.3 Resident Observer: A full time Resident Inspector will be on this job. The Construction Manager is to provide a trailer for the duration of the Project specifically for the Resident Inspector. The trailer should be furnished with all required utilities, including HVAC and the following:

• 1 - Desk

• 1 - Desk chair

• 2 - Side chairs

• 1 - Layout table

• 1 – Hanging plan rack

• 1 - 4 Drawer filing cabinet

• 1 – Internet/WiFi

END OF SPECIAL CONDITIONS SECTION 010001