Attachment B2 - Supplementary Special Conditions.pdf

Construction Manager/General Contractor Services Page 1 of 14 EKCC Façade/Structure Repair and HVAC Replacement West Liberty, Kentucky

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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 Additional Project Completion or Close-out Requirements

‘11 Special Project Site Security or Access Required

‘12 Special Delegated Design Requirements

‘13 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: Company Name: Kesler Simpson Architects, LLC.

Principal-In-Charge: Andrew Kesler Project Manager: Mathew Triplett Structural Engineer/s: Company Name: Brown + Kubican, PSC Principal-In-Charge: Jeff Alexy Project Manager: Alison Johnson

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MEP Engineer/s: Company Name: N3D – Consulting Engineers Principal-In-Charge: John Newman Project Manager: John Newman

Civil/Landscape: Company Name: Element Design Principal-In-Charge: Ramona Fry Project Manager: Ramona Fry

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: Joe Sandman 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 Justice & Public Safety Cabinet, Department of Corrections Project Manager: Alan Watt

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:

Commissioning Authority: Company Name: Paladin Principal-In-Charge: Kelsey Leslie Project Manager: David Burks

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:

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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 DOC requirements including the security requirements for the facility since it is in full operation including but not limited to the following items:

Federal Holidays, State Holidays, Saturdays and Sundays are “Black-Out” Dates.

Note that work dates and hours may be modified with the Warden’s pre-approval.

All Contractors must comply with DECA and DOC site access and security requirements (see

Special Conditions ’11).

Full Owner Occupancy: Owner will occupy the site and existing buildings during entire construction period. Contractors must cooperate with Owner during construction operations to 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 72 hours in advance of activities that will affect Owner's operations.

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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 two days 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:

To be determined.

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

To be determined.

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

Testing and Balancing will be needed throughout the project as phases are completed.

‘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:

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 to coordinate with Owner.

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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:

Smoke Exhaust System Commissioning – Contractor TBD. Smoke exhaust systems 16 systems for housing units and one for minimum security prison shall be commissioned by a certified fire alarm commissioning agent.

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.

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.

‘9 Unit Prices established by the Form of Proposal:

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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.

Unit Prices will be determined by Owner and Contractor during Pre-Construction Services Phase.

‘10 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.

‘11 Special Project Site Security or Access Requirements:

’11.1 – COORDINATION WITH AGENCY

It is the policy of Corrections to provide a safe and secure environment for staff, inmates, visitors, and others associated with this institution. In order to assist in providing a safe and secure environment, reduce the threat of escape and safeguard state property, it is essential that strict policy and procedures be followed. Contractors, Contractors employees and

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Subcontractors doing work in the Kentucky Correctional Facilities, shall comply with the following rules. Rules and regulations are not limited to those listed below, and those pertaining to individual institutions may supersede these rules.

1). All workers entering the institution MUST have a background check run and MUST be approved for entry by the Warden or Designee. Work to be performed with in the institution is to be coordinated with the Agency on a daily basis. All individuals must possess identification materials, to include at least one picture identification card. Contractor personnel who will be working at the Project will be issued a temporary I.D. card on a daily basis. The card must be worn on the outside of the clothing and visible at all times while on the Owner’s property.

2). All workers must complete PREA training on site before they will be allowed to work. All workers who have not completed certified volunteer training must complete PREA training on site before being allowed to work. (Training typically takes about 30 minutes.)

3). Construction vehicles shall be removed from the area inside the security fence as soon as they can be unloaded. For workers driving trucks, ensure that any tools, chemicals or glass are removed from the back of the truck and placed in the cab or other secure area prior to leaving the truck. This requirement applies anywhere on the prison property and at any time the truck is unattended.

4). Workers shall secure cell phones in your vehicle. No cell phones are allowed on the yard area with exception of the Job Superintendent; the Warden or Designee MUST approve these in advance.

5). Illegal Drugs and Alcohol are prohibited ANYWHERE on grounds, not even in locked vehicle.

Possession of or promotion of contraband on the Owner’s property is strictly forbidden as stated in KRS 432.495 (drugs, weapons, etc.). Contractor personnel under the influence of drugs or alcohol will be denied entry. Appropriate further action will be taken by the Owner.

Unauthorized or unapproved weapons on Owner’s property are strictly forbidden. Contractor personnel will be searched on a daily basis.

6). Tobacco products are not allowed in any of the facilities. The Institution may allow tobacco locked in vehicles (coordinate with the Institution prior to entering), but use of any tobacco products is prohibited on the grounds of the Institution.

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7). Contractor personnel are to notify the Warden’s Office if they are required to take medication. Upon approval, personnel will be permitted to bring one day’s supply of their prescribed medication. The medication will be kept in the prescription bottle with the corresponding prescription label attached indicating the name and dosage of the medication.

All medication will be left at the entrance point. Any exceptions must be approved in advance.

8). Firearms or other weapons, including ammunition, are prohibited ANYWHERE on grounds, including in locked vehicles.

9). If illegal substances or firearms are found in a vehicle of anyone working on a construction project, the State Police will be contacted.

10). No glass of ANY kind (I.E., glass or ceramic cups) allowed on the yard area.

11). Personal cameras, radios, audio recorders, pagers or any other electronic devices are not permitted on the yard area. The Warden or Designee MUST approve any exceptions made for job-related necessity in advance.

12). Personal correspondences, bills and the like are NOT permitted outside workers’ locked vehicle (for their safety).

13). Contact with offenders should be avoided at all times, except when working in conjunction with maintenance staff and inmates except for briefly speaking “Good Morning” or “Hello”. No conversations. Contractors must advise the Chief Engineer or Deputy Warden/Operations if he is related or close friends of any inmate at Eastern Kentucky Correctional Complex.

14). An inventory shall be made of all tools taken on site by the Contractor prior to entry. Tools shall be inspected by the Institution’s security and compared with the inventory upon both entrance and exit from the secure area.

15). The Warden or Designee reserves the right to change or apply ANY rule they see fit to ensure the security of the Institution.

16). The Warden or Designee may require an orientation and training session for all workers.

17). Vehicles: Contractor personnel will be searched on a daily basis. All vehicular traffic into or out of the compound will enter/exit through the service gate. Current procedures for vehicular searches will be utilized. All vehicles on Owner’s property are subject to search at all times.

Unoccupied vehicles shall be maintained locked at all times. Vehicle keys are not to be left in

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Parking for workmen personal vehicles will be provided remote from the project site. Parking for construction vehicles and site storage of materials will be designated near the project site of a limited area.

18). Clothing: Clothing most appropriate to the particular task shall be worn. Shirts must be worn at all times.

19. Tools and Equipment: Extra precautions while using tools and equipment are necessary as they have the potential to be used as a weapon or escape device. Accurate written inventories of all tools brought onto the Owner’s property shall be maintained by the Contractor and Using

Agency. Any discovery that a tool has been lost or stolen shall be immediately reported to the

Captain’s Office. All tools taken inside the compound must be secured when not in use. All tools taken inside the compound must be removed from the compound or stored is an approved manner daily. All equipment must be secured and disabled at the end of the workday unless approved by Security on a daily basis.

20). In the event of a scheduled execution or a major disturbance such as hostage, riots, murders, or fire, the Warden reserves the right to declare a state of emergency and restrict all civilian personnel from the facility until order is restored.

21). Contractors will not relay messages, give or loan money, or carry any property on to or off of

Owner’s property. Owner reserves right to exclude any workman from the project site based on related criminal history. Contractors are to provide Using Agency a list of contractor personnel, to include material delivery personnel – names, Social Security Numbers, Driver License Numbers, and addresses – prior to project commencement. This is to be presented at the pre-construction meeting. Additional request, if any, must be submitted to the Senior Captain’s Office five (5) days in advance.

22). Contractor shall submit a proposed schedule of work for the project at the Pre Construction

Meeting, to be discussed with and approved by the Using agency.

’11.2 – CONTRACTOR RULES AND REGULATIONS (Attachment to the end of this document)

***Note the Contractor Rules and Regulations document must be completed and signed by

Contractor with copies provided to Owner, AE and DOC (Warden). ***

’11.3 - CERTIFIED VOLUNTEER OFFICER TRAINING

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Contractor’s foremen and work crew leaders must complete Certified Volunteer Officer

Training on site so they can supervise their workers without requiring DOC escorts. At least one certified individual per group, who will remain with that group under direct supervision at all times, must complete the required training. The length of training will be a 10 working day, 80 hours of training and will be completed on site. All CM team members will be required to attend training.

‘12 Special Delegated Design Requirements:

Engineering of the sub framing backup to the Architectural Insulated Metal Panels.

‘13 Other Special Conditions of Contract:

14.1 Pre-Purchased Items: All Pre-Ordered Material will be specified to be shipped to the facility. It will be the Construction Manager’s responsibility to receive and off load the Pre-Ordered Material. If 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

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END OF SPECIAL CONDITIONS