Attachment E - Mason-HECO-Manual-2023-V2.0-1.pdf

Page | 1

GEORGE MASON UNIVERSITY

Higher Education Capital Outlay Manual

Vice President of Facilities

References: The Commonwealth of Virginia "Construction and Professional Services Manual" (CPSM) and the "Design & Construction Guidelines" are referenced extensively and should be readily available when using this Manual.

The most current version of these two documents are on the following websites:

https://facilities.gmu.edu/ and www.dgs.virginia.gov

Page | 2

Table of Contents

CHAPTER 1: INTRODUCTION

Section 1.0 Authority for Manual Section 1.1 General Section 1.2 Capital Outlay Verses Non-Capital Outlay Section 1.3 Design Philosophy Section 1.4 Forms Section 1.5 Index

CHAPTER 2: TERMS AND DEFINITIONS

CHAPTER 3: GENERAL TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES

Section 3.1 General Terms and Conditions for Professional Services Section 3.2 General Policies on Architectural and Engineering Services Section 3.3 Professional Services Section 3.4 Taxpayer Identification Number Section 3.5 Relationship of Architect/Engineer to University Section 3.6 University Higher Education Capital Outlay Manual Section 3.7 “Design-not-to-Exceed” Cost as Related to A/E Contract Section 3.8 Code and Regulatory Compliance Section 3.9 Liability Insurance, Design Errors and/or Omissions and Record Retention Section 3.10 Other Insurance Required of the A/E Section 3.11 Ownership of Documents and Materials Section 3.12 Standard Plans Section 3.13 Requirements for A/E Seals and Signatures Section 3.14 Subcontracts Section 3.15 Modifications of the A/E Contract (A/E Change Orders) Section 3.16 Payments to Architect/Engineer Section 3.17 Payments by Architects/Engineer Section 3.18 Audit Section 3.19 Conflicts of Interest Section 3.20 Release of Information Pertaining to Project Design Section 3.21 Default Section 3.22 Termination of Contract Section 3.23 Assignment of Contract Section 3.24 Antitrust Section 3.25 Ethics in Public Contracting (§2.2-4367 ET SEQ., Code of Virginia) Section 3.26 Anti-Discrimination Section 3.27 Applicable Law and Courts Section 3.28 Prohibition of Alcohol and Other Drug at Workplace Section 3.29 Design of Security Systems Section 3.30 Use of Standard Forms and Formats Section 3.31 Reports on the Participation of Small Business and Businesses Owned by Women and Minorities

Page | 3

CHAPTER 4: PROCUREMENT PROCEDURES FOR PROFESSIONAL SERVICES

Section 4.1 General Policy on Procuring A/E Services Section 4.2 Procurement of Related Consultants Section 4.3 Project Scope of Work Section 4.4 Advertisement for Professional Services Section 4.5 Small Business and Business Owned by Women and Minorities Section 4.6 SWAM Procurement Section 4.7 Procedures for A/E Selection Section 4.8 Term A/E Contracts Section 4.9 Term Project Management Contracts Section 4.10 Contract Forms to be Used Section 4.11 General Terms and Conditions for Professional Services

CHAPTER 5: BASIC SERVICES AND RESPONSIBILITIES

Section 5.1 Responsibilities of the University to the A/E Section 5.2 Quality of Work Section 5.3 Basic Services of the A/E Section 5.4 Extra Services Section 5.5 Interior Design Services for Furniture, Furnishings and Decorations for Building Projects Section 5.6 Identification of Documents and Materials Section 5.7 A/E Performance Evaluation

CHAPTER 6: FEES AND PAYMENTS FOR A/E SERVICES

Section 6.1 Architectural and Engineering Fees Section 6.2 A/E Fee Proposal Standards and Guides Section 6.3 A/E Fee Proposal Worksheet Section 6.4 Proportioning of the A/E Fee and Payments Section 6.5 Determining Charges for Changes in the Scope of Work Section 6.6 Changes to A/E Contract

CHAPTER 7: ENGINEERING AND TECHNICAL CRITERIA

Section 7.1 General Section 7.2 Building Codes Section 7.3 Accessibility Standards for State-Owned Buildings Section 7.4 Special Procedures for Asbestos Abatement Section 7.5 Special Procedures for Lead based Paint Abatement Section 7.6 Underground Storage Tank Systems (USTS) and Aboveground Storage Tanks (AST) Section 7.7 Chesapeake Bay Program Section 7.8 Special Building Planning Requirements Section 7.9 Earthwork Section 7.10 Stormwater Management and Erosion and Sediment Control Requirements Section 7.11 Fire Protection and Life Safety Systems Section 7.12 Pressure Vessels Section 7.13 Temporary Electrical Service

Page | 4

CHAPTER 8: PROJECT DESIGN STANDARDS AND REQUIREMENTS

Section 8.1 General Section 8.2 Drawing Standards Section 8.3 Specification Standards Section 8.4 Cost Estimate Standards Section 8.5 Design Initiation /Pre-design Conference Section 8.6 Schematic Design Project Criteria Section 8.7 Preliminary Design Section 8.8 Working Drawing Section 8.9 Bid Forms & Procedures Section 8.10 Additive Bid Items Section 8.11 Project Submission Requirements Section 8.12 Authority Having Jurisdiction Reviews and Approvals Section 8.13 Quality Control/Quality Assurance Section 8.14 Value Engineering (VE) Section 8.15 Structural and Special Inspections, & Structural Observations Section 8.16 Structural Observations Section 8.17 Commissioning of HVAC Systems Section 8.18 Electrical Coordination Analyses (Shop Drawings) Review Section 8.19 Fire Protection Shop Drawings

CHAPTER 9: CONSTRUCTION PROCUREMENT &ADMINISTRATION

Section 9.1 General Section 9.2 Methods of Construction Procurement Section 9.3 Construction Bids Section 9.4 Bid Opening Section 9.5 Provisions for Negotiating with Low Bidder Section 9.6 Authority to Award Capital Outlay Project Contract Section 9.7 Execution of Contract Section 9.8 Construction Contract Administration Section 9.9 Bonds Section 9.10 Pre-Construction Meeting Section 9.11 Monthly Pay Meetings Section 9.12 Other Meetings Section 9.13 Schedule of Values & Certification of Payment Section 9.14 Inspection of Work Section 9.15 Construction Change Orders Section 9.16 Documentation of “As Built” Conditions Section 9.17 Inspection for Substantial Completion Section 9.18 Beneficial Occupancy Section 9.19 Beneficial Occupancy – Renovations with no Change of Use Section 9.20 Final Completion Inspection Section 9.21 Project Close Out Section 9.22 Record Drawings and Specifications Section 9.23 Maintenance & Operation Manuals

Page | 5

Section 9.24 Ownership of Documents Section 9.25 Contractual Disputes Section 9.26 Debarment and Enjoinment

CHAPTER 10: SPECIAL PROCEDURES

Section 10.1 General Section 10.2 Design Build Procedures Section 10.3 Construction Management Procedures Section 10.4 Public Private Partnership (PPEA) Selection Process Section 10.5 Energy Based Contracts (ESCO) Section 10.6 Emergency Construction Procurement Section 10.7 Pre-Qualification Procedures

CHAPTER 11: BUILDING OFFICIAL REVIEWS, PERMITS AND APPROVALS

Section 11.1 General Section 11.2 Building Permit Procedure for Construction – State Owned Buildings & Structures Section 11.3 Annual Permits Section 11.4 Temporary Structures (tent, Stage, Platform, Bleachers, & Other Structures) Section 11.5 Industrialized Buildings Section 11.6 Towers Section 11.7 Other Structures (Flagpoles, Antennae, Fences, and Miscellaneous) Section 11.8 Codes and Standards Compliance Disputes

CHAPTER 12: PROJECT COMMITTEES

Section 12.1 Project Committees Section 12.2 Architect Selection Committee Section 12.3 Building Committee Section 12.4 Steering Committee

CHAPTER 13: MASTER PLANS, SITE, AND DESIGN GUIDELINES

Section 13.1 Master Plans Section 13.2 Other Master Plans & Requirements

CHAPTER 14: PLANNING AND PROJECT APPROVAL

Section 14.1 General Section 14.2 Capital Project Planning Section 14.3 Project Authorization Section 14.4 Project Execution Section 14.5 Order of Procedures

CHAPTER 15: REPORTS

Section 15.1 Major Capital Reporting Section 15.2 Capital Outlay Progress Report Section 15.3 Value Engineering Utilization Report Section 15.4 Construction Procurement Report Section 15.5 Assessment of Institutional Performance

Page | 6

Section 15.6 Completed Capital Projects Reports Section 15.7 VEES Energy Report

CHAPTER 16: FINANCIAL PROCESS

Page | 7

APPENDICES

A. GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT AND

SUPPLEMENTAL GENERAL CONDITIONS

B. STANDARD HIGHER EDUCATION CAPITAL OUTLAY FORMS

C. STANDARD HIGHER EDUCATION FORMATS

D. BASIS OF DESIGN NARRATIVE AND SYSTEMS CHECKLIST

E. COST ESTIMATE

F. CHECKLIST FOR RECEIVING AND OPENING BIDS

G. ROOF INSPECTION FORMS AND PROCEDURES

H. CONSTRUCTION OUTREACH PROCESS

I. PARAMETERS FOR CALCULATING OF LIFE CYCLE COSTS AND ENERGY

ANALYSES

J. UTILITY MARKING PROCESS

K. CONSTRUCTION CHANGE ORDER PROCEDURE GUIDELINES

L. ART AND ARCHITECTURAL REVIEW BOARD AND MASON BOARD OF VISITORS

M. STRUCTURAL AND SPECIAL INSPECTIONS

N. DUTIES OF THE CONSTRUCTION FIELD REPRESENATIVE (CFR)

O. PROJECT TYPES AND NON CAPITAL OUTLAY PROJECT PROCEDURES

P. BUILDING PERMIT POLICY

Q. RECORD DOCUMENT STANDARDS AND FORMATTING

R. ARCHIVING DOCUMENT STANDARDS

S. PROJECT CLOSEOUT

Page | 8

T. RESERVED

U. OUBO ELECTRONIC DOCUMENT REVIEW (EDR) PROCESS DOCUMENT

SUBMITTAL REQUIREMENTS

V. VIRGINIA ENERGY CONSERVATION ANDENVIRONMENTAL STANDARDS

(VEES)

W. HECO MANUAL REVISION HISTORY

Page | 9

CHAPTER 1:

INTRODUCTION

SECTION 1.0 AUTHORITY FOR MANUAL:

1.0.1 Enabling Legislation:

1. Restructured Higher Education Financial and Administrative Operations Act (The Act), Virginia Code 23.1 1000 et al.

2. Management Agreement By and Between the Commonwealth of Virginia and George Mason University (Chapter 76 of the Virginia Acts of Assembly – 2021 Special Session I) Effective March 11, 2021

SECTION 1.1 GENERAL

The Manual consists of 16 Chapters and Appendices A through W and contains policies, procedures and guidance that George Mason University shall follow in the planning, design, and execution of both capital outlay and non-capital outlay projects

Appropriate portions of this manual apply to projects below the Capital Outlay threshold (also see Appendix O). These portions include, contracting procedures, approval levels, code requirements, building permits and project permits, safety requirements, and the forms as indicated.

Deviations from the policies and procedures outlined within shall be requested in writing and must have prior approval of Vice President for Facilities. The request shall justify and substantiate the need for the deviation.

The Manual is designed to present the capital outlay process from advertisement for A/E services to project completion (occupied building). The Manual is arranged in a sequence that parallels the capital outlay process.

A committee composed of the Office of University Building Official (OUBO), Capital Strategy and Planning (CSP), and Facilities are responsible for maintenance of the Manual. Suggestions for changes, notification of conflicting guidance, questions and requests for copies should be addressed to:

Contracts Department George Mason University Facilities 4400 University Drive, MS 1E4 Fairfax, Virginia 22030

Or can be emailed to:

fcontrac@gmu.edu

Page | 10

The Manual including errata corrections will be posted on the Facilities Website and may be downloaded and printed by the users.

Revisions to the Manual will be issued electronically by posting on the Mason Facilities Website.

The revision package will contain a summary sheet generally describing the major changes or revisions made. The summary sheet will be numbered and dated. The summary sheet will become a permanent part of the Manual and is to be placed in Appendix W (or the last Appendix in the Manual). Paper copies of the Revisions will not be issued.

SECTION 1.2 CAPITAL OUTLAY VERSES NON-CAPITAL OUTLAY

1.2.1 Capital Outlay Projects (above the capital outlay threshold of $3M)

Capital Outlay Projects, as defined by the Department of Planning and Budget (DPB) Instructions, must be authorized by the General Assembly or by the Governor as provided for in the Acts of Assembly 4-4.00 Capital Projects (also called the Appropriations Act), and as further defined by The Restructured Higher Education Financial and Administrative Operations Act, Chapter 4.10. Capital Outlay Projects use an established authorization and approval sequence for the “Design Phase” of the Project to include:

1. Project Initiation (using the HECO-2 if locally authorized and CO-2 if legislative authorized)

2. Schematic Design Approval Phase (using a revised HECO-2 if locally authorized and CO- 4 if legislative authorized)

3. Preliminary Design Approval Phase (using a revised HECO-2 if locally authorized and CO-5 if legislative authorized) and

4. Working Drawings Approval Phase (using a revised HECO-2 if locally authorized and CO- 6 if legislative authorized).

5. After receiving Bids, Construction Contract Award approval is made using the using a revised HECO-2 if locally authorized and CO-8 if legislative authorized.

These forms are also used to track the cost of the project, the commitment of funds and the infusion or transfer of funds for the project. The approval authority for the forms is described in Chapter 14 of this Manual.

1.2.2 Non-Capital Outlay Projects (below the threshold of $3M):

Non-Capital Outlay Projects, are usually defined as small construction, renovation, repair or replacement projects which are funded by Agency resources and do not require authorization by the Legislature or Governor. However, Non-Capital Outlay Projects, in most cases, typically involve work regulated by the Virginia Uniform Statewide Building Code (USBC) and require a Building Permit from the Building Official. Non-Capital Outlay Projects greater than $1 Million but less than $3 Million in cost are procured, reviewed and permitted in accordance with the requirements of this Manual pursuant to the Rules Governing Procurement of Goods, Services, Insurance and Construction by a Public Institution of Higher Education of the Commonwealth of Virginia Governed by Subchapter 3 of the Restructured Higher Education Financial

Page | 11

Administrative Operations Act, Chapter 4.10 of Title 23 of the Code of Virginia, and Chapters 824 and 829 of the 2008 Acts of Assembly of Virginia.

1.2.3 Construction:

The Construction Phase is similar for both Capital Outlay and Non-Capital Outlay Projects (depending on the project scope) for Building Permits, Change Orders, Project Substantial Completion, and Certificate of Occupancy. See Chapter 8 for more specific guidance on form submission requirements.

SECTION 1.3 DESIGN PHILOSOPHY

The design goal is to create a capital investment that meets the user’s functional requirements and provides the most economical life cycle cost. The University’s design philosophy envisions a long and useful life for projects. These projects will often be used for periods exceeding 50 years and, consequently, should be designed for durability, economy of operation and ease of maintenance.

Projects shall be developed to meet University functional and space requirements within a cost range comparable to similar public and private sector projects. Achievement of this goal should incorporate good architectural and engineering practice and design solutions should be consistent with industry standards, Mason Design Manual, and must be designed by the A/E to meet the functional and space requirements within the “Design Not to Exceed” budget for the project.

Project system components should be selected on the basis of life cycle costs. If an increased first or initial cost can be documented to show a reduced life cycle cost for the University, particularly for operating and personnel costs, then the design should incorporate the more expensive first cost feature or system.

Architects and engineers must exercise discipline in their designs to avoid inefficient use of space in terms of floor area and building volume. Exterior design features and materials should be consistent with the architectural character set forth in the Mason Design Standards. Excessive or grandiose features which are not related to the function or the intended use of the facility shall be avoided. Projects must be designed by the A/E to meet the functional and space requirements within the ‘Design not to exceed’ budget for the project.

SECTION 1.4 FORMS

George Mason University Higher Education Capital Outlay (HECO) Forms, Formats and Samples are referenced in Appendices B, C and J to the Manual. Electronic copies of many of these forms, formats and samples are available on the George Mason University Facilities Website or upon request to:

Contracts George Mason University Facilities 4400 University Drive, MS 1E4 Fairfax, Virginia 22030

Or by email to:

Page | 12 fcontrac@gmu.edu

SECTION 1.5 INDEX

This Manual is posted on the Website. There is no index provided for the Manual.

Page | 13

CHAPTER 2:

TERMS & DEFINITIONS

This chapter is designed to acquaint Mason Personnel, Contractors, and A/Es with terminology, symbols, acronyms and abbreviations customarily used in the procurement of construction and professional services and in the execution of the George Mason University’s Capital Outlay Program. Definitions are taken from the Code of Virginia; the General Conditions of the Construction Contract; and general customs and practices associated with the construction industry and professional service contracts.

Whenever used in the Manual, including the appendices and the standard forms, the following terms have the meanings indicated, which apply to both the singular and plural and the male and female gender thereof:

ADDENDUM: Written or graphic instruments issued prior to the receipt of bids that clarify, correct or change the bidding documents.

ADDITIONAL SERVICES: A service that the University includes in the A/E’s Scope of Work as part of the Work under the A/E Contract but which service is not included in the A/E Basic Services as described in the Manual. Compensation for the additional services is included in the fee negotiations prior to signing the contract and is, therefore, included in the A/E Contract.

ADVERTISEMENT: The term commonly used to describe the public announcement or “Notice” of the availability of the Invitation For Bids (i.e. bid document or IFB) or Request for Proposal (RFP) made by publishing a notice in the public Internet procurement Web site designated by the Department of General Services [i.e. eVA] and by “Posting the Notice.”

A/E CHANGE ORDER: A document (HECO- 11A/E) issued on or after the effective date of the Contract (HECO-3) agreed to by the A/E and approved by the University that authorizes an addition, deletion or revision in the Work, including any adjustment in the Contract price and/or the Contract time. A Change Order, once signed by all parties, is incorporated into and becomes part of the Contract.

A/E CONTRACT: The Form of Agreement (HECO-3, HECO-3.1) and any document expressly incorporated therein. Such incorporated documents customarily, include Chapter 3 of this Manual, the Memorandum of Understanding and all modifications, including subsequent Change Orders.

A/E MANUAL: This reference to portions of the manual is no longer applicable. The A/E Manual, when printed in any document or manual shall refer to the Higher Education Capital Outlay Manual (HECO Manual), all Chapters and Appendices A thru Z, and all revisions thereto, and which shall be incorporated into the Contract in their entirety except as amended or superseded in the Contract or an addendum thereto.

Page | 14

ARCHITECT: An individual licensed to practice in the Commonwealth of Virginia as an architect by the Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects (APELSCIDLA) Board of the Department of Professional and Occupational Regulation. “Architect” may also be used to refer to a firm of such individuals which is properly licensed in Virginia.

ARCHITECT/ENGINEER (A/E): The term used to refer to the architect and/or engineer who contracts with the University to provide the architectural and/or engineering services for a Project.

The A/E is a separate contractor and is not an agent of the University. This term also includes any associates or consultants employed by the A/E to assist the A/E in providing services.

ART AND ARCHITECTURAL REVIEW BOARD (AARB): The Review Board appointed by the Governor to advise and provide counsel to the Governor as to the artistic merit of fixtures, structures, construction on state property, and works of art.

ASSOCIATION: As applied to architects or engineers, this term shall mean a legal entity formed by several architects and/or engineers who have associated together for the purposes of working as a unit on a specific project. The Association may take the form of a partnership, joint venture, corporation, etc.

BENEFICIAL OCCUPANCY: The condition after substantial completion but prior to final completion of the project at which time the Project, or portion thereof, is sufficiently complete and systems operational such that the University could, after obtaining necessary approvals and certificates, occupy and utilize the space for its intended use.

BID: The offer provided by the bidder submitted on the prescribed form and setting forth the bidder’s price(s) for the Work to be performed.

BOARD OF VISITORS: Created in April 1972 by an act of the General Assembly when the university became an independent institution. The board is a corporate body serving under the leadership of a rector, vice rector, and secretary. The 16 members of the board are appointed by the governor of Virginia on a rotating basis to serve four-year terms. The Faculty Senate Chair and the Staff Senate Chair sit on the Board as nonvoting representatives. As a result of their respective elections to the positions of president of the Student Government and president of the Graduate and Professional Student Association, two non-voting student representatives are appointed by the Board of Visitors each year at the May meeting to serve a one-year term.

BUILDING: Any roofed or occupiable structure.

BUILDING OFFICIAL: See University Building Official

BUILDING PERMIT: All Work on University buildings and structures will be done in accordance with the USBC and other applicable Codes and standards. Accordingly, all Projects will be reviewed and permits issued in accordance with Building Permits and Project Permits Policy, Procedures, and Forms

Page | 15

CAPITAL STRATEGY & PLANNING: Division of George Mason University responsible for oversight of the Master Plan, Six-Year Capital Plan, pre-planning studies and space management.

CAPITAL PROJECT: As used in the Manual, “Capital Project” means the acquisition or proposed acquisition of property, including any improvements thereto, a new construction project or improvements to state-owned property, a renovation, maintenance or repair project, an equipment acquisition or improvements to state-leased property that are financed by public funds. (For the purposes of this manual, a capital project is defined as a project involving any acquisition or exceeding $3,000,000 or exceeding new construction of 5,000 square feet. Projects less than the above are considered non-capital.

CHANGE ORDER: A document (HECO-11) issued on or after the effective date of the Contract (HECO-9) agreed to by the Contractor and approved by the University that authorizes an addition, deletion or revision in the Work, including any adjustment in the Contract price and/or the Contract time. The term “Change Order” shall also include written orders to proceed issued pursuant to Section 38 (a) (3) of the General Conditions of the Construction Contract, (CO-7). A Change Order, once signed by all parties, is incorporated into and becomes part of the Contract.

CODE: See Section 7.2 for description of applicable design and building Codes.

CODE OFFICIAL: See definition for University Building Official.

COMPETITIVE NEGOTIATIONS: A method of Contractor selection that includes the following two elements (See Chapter 4 and 9 for further procedures):

1. Issuance of a written Request for Proposal (RFP) indicating in general terms that which is sought to be procured, specifying the factors which will be used in evaluating the proposal and containing or incorporating by reference the other applicable contractual terms and conditions, including any unique capabilities or qualifications which will be required of the Contractor.

2. Public notice of the RFP at least ten (10) days prior to the date set for receipt of the proposal by posting in a public area normally used for posting of public notices and by publication on the public Internet e-procurement Web site designated by the Department of General Services.

COMPETITIVE SEALED BIDDING: A method of Contractor selection that includes the following elements. (See Chapter 9 for further descriptions):

1. Issuance of a written Invitation for Bid (IFB) containing or incorporating by reference the Specifications and contractual terms and conditions applicable to the procurement.

2. Public Notice of the IFB at least ten (10) days prior to the date set for receipt of the Bids, by posting in a designated public area normally used for posting of public announcements or “Notices”, on the OCAS website, and by publication on the public Internet e-procurement website designated by DGS [VBO/ eVA] and in a newspaper(s) of general circulation.

Page | 16

3. Public opening and announcement of all Bids received.

4. Evaluation of Bids based upon the requirements set forth in the invitation.

5. Award to the lowest responsive and responsible Bidder.

6. Competitive sealed bidding shall not be used for procurement of Professional Services as defined in HECO.

CONSTRUCTION: As used in this Manual, includes new construction, reconstruction, renovation, restoration, major repair, demolition and all similar work upon buildings and ancillary facilities owned or to be acquired by the Commonwealth, including any draining, dredging, excavation, grading or similar work upon real property.

CONSTRUCTION FIELD REPRESENTATIVE (CFR): One or more persons employed by the University to inspect the Work for the University and/or to document and maintain records of activities at the worksite to the extent required by the University. The University shall notify the Contractor in writing of the appointment of such Project Inspector(s). The CFR checks all materials delivered to the site for conformance with the approved submittals. The CFR shall also check the installation for proper materials, methods, clearances, etc., as described in the plans and specifications and in the approved submittals. CFR may also be used interchangeably with Project Inspector.

CONSTRUCTION MANAGEMENT (CM): Also called the CM at Risk, CM/CG, or the Contractor for the CM Project, or CM-Agent (CMA) when used only for administering the project. As used in this Manual, this term means services provided under contract with the University, which generally include coordinating and administering construction contracts for the benefit of the University, but may also include, if provided in the contract, furnishing construction services to the University.

See Chapter 10, Section 10.3, of the Manual for further descriptions. The Construction Manager has direct responsibility and liability to the University for performing the Work as described by the Contract Documents.

CONSTRUCTION PROJECT MANAGER: The University employee or agent designated as the University’s on-site representative during the construction phase of a project.

CONSULTANT: An individual or firm with professional expertise engaged to render a specific service in connection with a project.

CONTRACT ADMINISTRATION: As used in this Manual, this term means non-professional services provided under a contract with the University which generally includes inspection of the work, coordinating testing services contracts procured by the University, reviewing change orders and schedule submittals from the Contractor, and providing other construction period services for the benefit of the University. The Contract Administrator is the entity responsible to the University for providing these services to assure compliance with the Contract Documents but is not responsible under the CA Contract for providing the Work. The University may use an employee to perform construction administration services.

Page | 17

CONTRACT COMPLETION DATE: The date by which the construction Work must be Substantially Complete. The Contract Completion Date is customarily set forth in the Contract (HECO-9) based on Notice to Proceed and the Time for Completion. In some instances, however, the Contract contains a mandatory Contract Completion Date, which date shall have been stated in the Request for Proposal (RFP) or Invitation for Bid (IFB).

CONTRACT DOCUMENTS: As used in this Manual and General Conditions of the Construction Contract (CO-7), this term shall mean the Contract (HECO-9) and any documents expressly incorporated therein. Such incorporated documents customarily include the bid submitted by the Contractor, the General Conditions of the Construction Contract, any Supplemental General Conditions, any Special Conditions, the plans and specifications, and all modifications, including addenda and subsequent change orders.

CONTRACT PRICE: The total compensation stated in the Contract, as subsequently modified by any Change Orders, payable to Contractor for performing the work set forth in the Contract Documents.

CONTRACTOR: A generic term used to indicate a person, firm or corporation with whom the University has entered into a contract agreement to perform work or provide a professional or nonprofessional service. As used in the Manuals with respect to a capital outlay project, the contractor for the professional services is referred to as the Architect/Engineer or A/E. The contractor for the construction-related work is referred to as the Contractor. As used in the Manuals and the Standard Forms, “Contractor” means the specific person or firm with whom the University has contracted to do the Work described in the Contract Documents for that undertaking. On a Construction Management project, the CM, CM at Risk or CM/GC is the ‘Contractor’.

CURE NOTICE: A notice, either oral or in writing, that informs the contractor that he or she is in default and states what the contractor has to do to correct the deficiency. If the initial notice is oral it shall be confirmed in writing.

DAY(S): Calendar day(s), unless otherwise noted.

DEFECTIVE: An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty, deficient, does not otherwise conform to the Contract Documents, does not meet the requirements of applicable inspections, standards, tests or approvals referred to in the Contract Documents, or has been damaged prior to the A/E’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by University at Substantial Completion or Beneficial Occupancy).

DELEGATED DESIGN: services, where a contractor must employ, or otherwise retain, a design professional to fulfill the design responsibilities delegated to it.

DEPARTMENT OF PLANNING AND BUDGET (DPB): Commonwealth of Virginia Department of Planning and Budget

Page | 18

DESIGN-BUILD (DB): A contract between the University and another party in which the other party agrees to both design and build the structure, roadway or other item specified in the Contract. See Chapter 10 of the Manual for further descriptions.

“DESIGN-NOT-TO-EXCEED” COST: The Project construction cost established in the A/E’s contract and accepted by the A/E as the ceiling for the estimated construction cost of the Project the A/E is engaged to design.

DIVISION OF ENGINEERING AND BUILDINGS (DEB): Formally the Bureau of Capital Outlay Management (BCOM). Part of the Virginia Department of General Services

DISADVANTAGED BUSINESS ENTERPRISE: A small business concern which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any corporation, partnership or limited liability company or other entity, at least 51 percent of the equity ownership interest in which is owned by one or more socially and economically disadvantaged individuals and whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged who own it.

DRAWING: A page or sheet of the Plans which presents a graphic representation, usually to scale, showing technical information, design, location, and dimensions of the various elements of the Work in sufficient detail for the Building Official or his or her designee to determine code compliance. Graphic representations include, but are not limited to, plan views, elevations, transverse and longitudinal sections, large- and small-scale sections and details, isometrics, diagrams, schedules, tables and/or pictures.

e-BUILDER: The University’s project information database and budget accounting tool maintained by University Project team members.

EMERGENCY: Any unforeseen situation, combination of circumstances or a sudden occurrence or state resulting therefrom that poses imminent danger to health, life or property and which usually demands immediate action.

ENGINEER: A person who is qualified and licensed to practice engineering in Virginia as a Professional Engineer by the Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects (APELSCIDLA) Board of the Department of Professional and Occupational Regulation, also referred to as the A/E. “Engineer” may also be used to refer to a firm of such individuals which is properly licensed in the Commonwealth of Virginia.

EQUAL: Any other brand, make or manufacturer of a product, assembly or equipment that, in the opinion of the A/E, is equivalent to that specified, considering quality, capabilities, workmanship, configuration, economy of operation, useful life, compatibility with design of the work and suitability for the intended purpose, and which is accepted as such by the University.

EQUIPMENT: A tangible resource, such as machinery, articles or apparatus, of a permanent or long-term nature, used in an operation or activity.

Page | 19 eVA: A web-based purchasing system used by the University and the Commonwealth of Virginia Agencies. Commonwealth agencies, colleges, universities, and many local governments use eVA to announce RFP/IFB opportunities, invite Offerors, receive proposals/quotes, and place orders for Goods and Services. The eVA home page address is www.eva.state.va.us.

EXTRA SERVICE (BY A/E): A service which the University tasks the A/E to provide after the Contract has been signed and which was not included in the Basic Services or in the additional services as described in the A/E Contract. Extra services, and the compensation therefor, are authorized by a modification to the A/E Contract using the A/E Change Order, (HECO-11A/E).

FAACS: The Fixed Asset Accounting and Control System of the Virginia Department of Accounts. As used herein, the real estate subsystem of FAACS.

FACILITIES: Division of George Mason University responsible for providing cost-effective and efficient planning, design, construction and maintenance services.

FACILITY: A structure or group of structures, including all buildings and other improvements thereto, which is built, installed or established to serve a particular purpose.

FIELD ORDER: A written order issued by the A/E which clarifies or explains the Plans, the Specifications, or any portion or detail therein, without changing the design, the Contract Price, the Time for Completion or the Contract Completion Date.

FIELD CHANGE ORDER: A written order issued by the University directs changes to an establish contract.

FINAL COMPLETION DATE: The date of the University’s acceptance of the Project from the Contractor upon confirmation from the A/E by a HECO-13.1 and the Contractor by a HECO-13.2 that the Project is totally completed in accordance with the Contract Documents. Procedures for determining Final Completion are set forth in Section 44 of the General Conditions of the Construction Contract (CO-7).

FLOAT: The excess time included in a construction schedule to accommodate such items as inclement weather and associated delays, equipment failures, and other such unscheduled events.

It is the contingency time associated with a path or chain of activities and represents the amount of time by which the early finish date of an activity may be delayed without impacting the critical path and delaying the overall completion of the project. Any difference in time between the Contractors’ approved early completion date and the Contract Completion Date shall be considered a part of the project float.

FLOAT, FREE: “Free float” is defined as the time by which an activity may be delayed or lengthened without impacting upon the start day of any activity following in the chain.

FLOAT, TOTAL: “Total float” is defined as the difference (in days) between the maximum time available within which to perform an activity and the duration of an activity. It represents the time

Page | 20 by which an activity may be delayed or lengthened without impacting the Time for Completion or the Contract Completion Date and HECO-7CM for use with Construction management contracts.

GENERAL CONDITIONS (GC): The General Conditions of the Construction Contract, CO-7, latest edition. Also, the General Conditions of the Design Build Contract, CO-7DB for use with design build contracts and General Conditions of the Construction Manager at Risk Contract, CO-7CM for use with CM contracts.

GOODS: Material, equipment, supplies, printing, and automated data processing hardware and software.

HECO MANUAL: Shall refer to the University Higher Education Capital Outlay Manual, all Chapters and Appendices, and all revisions thereto, and which shall be incorporated into the Contract in their entirety except as amended or superseded in the Contract or an Addendum thereto.

IMPROVEMENTS: Work necessary to accomplish a specific purpose and produce a complete and usable improvement to an existing facility or structure, including the associated architectural and other technical services and fixed equipment installed and made part of the facility or structure, as well as any site development. Improvements include:

1. alteration of interior space arrangement and other physical characteristics, such as utilities, so that it may be more effectively used for its present designated functional purpose;

2. conversion of interior arrangement and other physical characteristics, such as utilities and fixed equipment installed on and made a part of the facility or structure so that it may be effectively utilized for a new functional purpose;

3. renovation of most or all of a facility or structure, or an existing mechanical system for the purpose of modernizing the use or capability of such asset in order that it may be effectively utilized for its designated functional purpose or to comply with current code requirements;

4. restoration of a facility or structure to the maximum extent possible to its former or original state (historic property);

5. relocation from one site to another of a facility or structure either intact or by disassembly and subsequent reassembly;

6. major repair to restore a facility, mechanical system or utility system to such a condition that it may continue to be appropriately and effectively utilized for its designated purpose by overhaul, reprocessing or replacement of parts or materials which have deteriorated by action of the elements or wear and tear in use; and

7. demolition to remove a building or facility either for land clearance or to make land available for new capital use.

Page | 21

INFORMALITY: A minor defect or variation of a bid or proposal from the exact requirements of the Invitation to Bid or Request for Proposal that does not affect the price, quality, quantity or delivery schedule for the goods, services or construction being procured.

INVITATION FOR BIDS (IFB): A formal solicitation to the public including the Notice, Instructions To Bidders, Bid Form, General Conditions, Supplemental General Conditions, Special Conditions, Forms to be used, the Plans and Specifications, and any other documents listed in the Specifications, all of which request qualified bidders to submit competitive prices or bids for providing the described work on a project.

LANDSCAPE ARCHITECT: An individual certified by the Commonwealth of Virginia as a ‘Certified Landscape Architect’ by the APELSCIDLA Board of the Department of Professional and Occupational Regulation. The Certified Landscape Architect may function as a project manager and may be the prime professional on those projects where the preponderance of the work is represented by the application of the principles and methodology of landscape architecture in consultation, evaluation, planning (including the preparation and filing of sketches, drawings, plans and specifications) and responsible supervision or administration of contracts relative to projects principally directed at the functional and aesthetic use of land.

LEADERSHIP TEAM: Committee comprised of senior administrative staff responsible for guiding project direction consistent with the overall goals and objectives of the University. They make decisions that cannot be made by the Steering Committee either for reasons of disagreement among steering committee members or because the decision is more properly handled at a higher level.

This committee should be briefed regularly during the planning process so they are informed of its evolution.

LIQUIDATED DAMAGES: See General Conditions of the Construction Contract (CO-7). As used in this Manual, the term “Liquidated Damages” generally means a predetermined and fixed amount of money per period of time as stated in the Contract Documents and which will be charged to the Contractor as a measure of damages for delay suffered by the University due to failure of the Contractor to substantially complete, or finally complete, the Project/Work by the date or time established in the Contract Documents.

MAINTENANCE PREVENTION: A technique embracing reliability engineering and maintenance experience and directed at preventing potential design defects that would ultimately inhibit proper operation and maintenance of new equipment, buildings, and property components. Design deficiencies are identified, mitigated or eliminated through careful maintenance-oriented review of the design document prior to purchase, construction, or installation. “Maintenance Prevention” is influenced heavily by life cycle cost considerations.

MAINTENANCE RESERVE PROJECT: A single effort undertaking which involves major repair or replacement to plant, property or equipment, normally costing more than $25,000 and less than $2,000,000. A roof replacement project may cost up to $4.0 million. However, a project costing under $25,000 or over the $2.0 or $4.0 million limits that meets the criteria may also qualify as a maintenance reserve project if authorized by DPB. Contact your DPB analyst with requests for

Page | 22 authority to proceed on projects costing under $25,000 or over the relevant maximum limit.

Examples of such projects include:

1. repair or replacement of damaged or inoperable equipment such as elevators, furnaces, plumbing fixtures, air conditioning and ventilation equipment.

2. repair or replacement of components of a plant such as masonry, ceilings, floor, floor coverings, roofs, sidewalks, parking lots, exterior lighting, boilers, and air conditioners.

3. repair or replacement of existing utility systems, such as electrical, water and sewer, heating and cooling. When replacement of components of utility systems is required (e.g.

transformers, distributions panels, cables, etc.), new components should be sized to account for future growth if the existing components are operating at or near capacity.

4. correction of deficiencies in property and plant that are required to conform with building and safety codes or those regulations associated with hazard corrections, including asbestos hazards when incidental to repair/maintenance.

5. correction of problems resulting from erosion and drainage.

MANAGEMENT AGREEMENT: The Management Agreement By and Between The Commonwealth of Virginia and George Mason University approved March 11, 2021 as required by the Restructuring Act and containing further defining controlling policy and rules governing the additional autonomy granted by the Restructuring Act.

MEMORANDUM OF UNDERSTANDING (MOU) (A/E): A document signed by both the A/E and the University that formalizes the details of the fee negotiations, the scope of work, the A/E schedule, and other items agreed to during negotiations. The terms of the MOU are more project-specific, supplementing and/or clarifying the requirements of the A/E Contract in terms of the particular project. However, the MOU does not supersede nor take precedence over the requirements of the Manual.

MEMORANDUM OF UNDERSTANDING (MOU) (DEPARTMENTAL): A document signed by the Department outlining their scope, schedule and funding for the project.

MICRO BUSINESS: A small business certified as such by the Virginia Department of Small Business and Supplier Diversity (DSBSD). For purposes of DSBSD micro certification, the business must have no more than 25 employees and has no more than $3 million in average annual revenue over the three-year period prior to certification.

MINORITY-OWNED/CONTROLLED BUSINESS: Minority-owned business" means a business that is at least 51% owned by one or more minority individuals who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals who are U.S. citizens or

Page | 23 legal resident aliens, and both the management and daily business operations are controlled by one or more minority individuals.

NEW CONSTRUCTION: The building of a new structure, facility or improvement (including utilities) on a site. A new construction project is a single undertaking involving construction applicable to one or more facilities, including all work necessary to accomplish a specific purpose and produce a complete and usable new facility, all associated architectural and other technical services, all installed equipment, site development and any improvements. New construction includes:

1. construction of a new plant including the erection, installation, assembly of a new facility or structure, utility system, or site work;

2. addition, expansion, or extension to a structure which adds to the overall exterior dimension of the plant; and

3. complete replacement of a structure or facility that, because of age, hazardous conditions, obsolescence, structural and building safety conditions or other causes is beyond the point where it may be economically repaired/renovated and can no longer be used for its designated purpose.

NONPROFESSIONAL SERVICES: Any services not specifically identified as “professional services” in the definition of “professional services.

NOTICE: All written notices, including demands, instructions, claims, approvals and disapprovals, required or authorized under the Contract Documents. Written notice by either party to the Contract shall be sufficiently given by any one or combination of the following: (1) delivered in hand at the last known business address of the person to whom the notice is due; (2) delivered in hand to the person’s authorized agent, representative or officer wherever they may be found; or

(3) enclosed in a postage prepaid envelope addressed to such last known business address and delivered to a U.S. Postal Service official or mailbox. Email Notice or notice via e-Builder, the University’s project management software, may be employed by the University. Notice is effective upon such delivery. Notice shall also mean the Notice of Invitation for Bids included in the IFB/RFP.

NOTICE OF AWARD: The written notification by the University to the apparent successful firm notifying the firm that it has been awarded the contract, pending the submittal and execution of all documents required in the IFB/RFP.

NOTICE OF INTENT TO AWARD: The written public posting by the Facilities Contracts Office announcing the apparent successful firm and notifying all firms that the University intends to award the contract to the apparent successful firm pending completion of the verification that it is a responsible Bidder/ and the receipt and acceptance of all executed documents required in the

IFB/RFP.

NOTICE TO PROCEED: A written notice by the University to the Contractor (with a copy to the A/E) fixing the date on which the Contract time will commence for the Contractor to begin the

Page | 24 prosecution of the Work in accordance with the requirements of the contract Documents. The Notice to Proceed will customarily identify a Contract Completion Date.

OFFEROR: A person or firm who responds to a Request for Proposal (RFP) also known as a Proposer.

PERFORMANCE SPECIFICATION: A specification which generally describes the characteristics of the article required, e.g. the style, type, quality, character, economy of operation and purpose to be served by the article and the results required of the article provided. It does not restrict bidders to the specific brand, make, or manufacturer, nor does it tell the Contractor how to achieve the required result.

PERSON: Any individual, corporation, partnership, association, company business, trust, joint venture or other legal entity.

PLANS: The group or set of project-specific drawings included in the Contract Documents.

PRE-BID/PRE-PROPOSAL CONFERENCE: A meeting of interested, prospective bidders held by the University, usually with the assistance of the A/E, prior to the receipt of bids or proposals in which comments or questions concerning specifications or other provisions in the IFB or RFP can be received and considered. Any response shall be in writing and distributed to all who requested/received the IFB and RFP.

PREPLANNING: A…