JAMES WOOD HIGH SCHOOL -

NEW WATER PUMP STATION

FOR

FREDERICK COUNTY PUBLIC SCHOOLS

WINCHESTER, VIRGINIA

IFB #26016

CONSTRUCTION DOCUMENTS

PROJECT MANUAL AND SPECIFICATIONS

R R M M Architects architecture planning interiors 310 1st. Street SW, Suite 100M

Roanoke, Virginia 24011

(540) 344-1212

Lawrence Perry & Associates – Mechanical & Electrical Engineers

Pennoni – Civil Engineers

Comm. No. 21320-62

08 July 2026

THIS PAGE INTENTIONALLY LEFT BLANK.

PROJECT MANUAL

INCLUDING SPECIFICATIONS

FOR CONSTRUCTION OF

JAMES WOOD HIGH SCHOOL – NEW WATER PUMP STATION

161 APPLE PIE RIDGE ROAD

WINCHESTER, VIRGINIA 22603

Bid # IFB 26016

RRMM PROJECT NO. 21320-62

PREPARED BY

RRMM ARCHITECTS

ARCHITECTURE / PLANNING / INTERIORS

ROANOKE, VIRGINIA

LAWRENCE PERRY & ASSOCIATES – MECHANICAL & ELECTRICAL ENGINEERS

PENNONI – CIVIL ENGINEERS

DATE OF ISSUANCE:

8 July 2026

2026 RRMM

djones Text Box

FREDERICK COUNTY PUBLIC SCHOOLS RRMM PROJECT NO. 21320-62

PROJECT DIRECTORY 000003-1

PROJECT DIRECTORY

OWNER: Frederick County Public Schools

1415 Amherst Street

Winchester, Virginia 22601

Superintendent of Schools: Dr. George C. Hummer

Owner’s Representative: Brandan Caton

Director of Facilities

280 Woodbine Road

Clear Brook, Virginia 22624

Cell: (540) 514-8930

Email: catonb@fcpsk12.net

ARCHITECT: RRMM Architects

310 1st. Street SW, Suite 100M

Roanoke, Virginia 24011

Principal-in-Charge: Chris Phillips

Email: Cphillips@rrmm.com

MECHANICAL Lawrence Perry & Associates

CONSULTANT: 15 East Salem Avenue, Suite 101

Roanoke, Virginia 24011

Project Manager: Rick Hughes

Phone: (540) 342-1816

Email: rhughes@lpa-inc.com

CIVIL Pennoni Associates, Inc

CONSULTANT: 117 East Piccadilly Street

Winchester, Virginia 22601

Principal-in-Charge: David Frank, PLA

Phone: (540) 667-2139

Project Manager: Dan Brzezynski

Phone: (540) 771-2090

Email: DBrzezynski@pennoni.com

PROJECT DIRECTORY 000003-2

TABLE OF CONTENTS 000004-1

SECTION 000004 - TABLE OF CONTENTS

BIDDING AND CONTRACT REQUIREMENTS

VOLUME 1

BIDDING DOCUMENTS SECTION

Cover

Title Page

Project Directory

Table of Contents

Invitation for Bids

Instructions to Bidders, AIA A701-2018

Supplementary Instructions to Bidders

Pre-Bid Question Form

Bid Form

Bid Bond Form AIA A-310-2010

GENERAL CONDITIONS

Standard Form of Agreement Between Owner and Contractor, AIA A101-2017

Insurance and Bonds AIA A101—2017 Exhibit A

General Conditions of the Contract for Construction, AIA A201-2017

Supplementary Standard General Conditions.......................................................................... 007300.17

Standard Payment Bond Form AIA A-312-2010

Standard Performance Bond Form AIA A-312-2010

Contractor’s Qualification Statement AIA A305-2020

SPECIFICATIONS

DIVISION SECTION

1 - GENERAL Summary of Work

REQUIREMENTS Items of Special Note

Special Conditions

Submittals and Submittal Procedures

Contract Closeout

Cleaning

Construction Waste Management and Disposal

2 - EXISTING not used.

CONDITIONS

TABLE OF CONTENTS 000004-2

21 - FIRE not used.

SUPPRESSION

22 - PLUMBING not used.

23 - HVAC not used.

26 - ELECTRICAL not used.

28 - ELECTRONIC not used.

SAFETY AND

SECURITY

END OF SECTION 000004

INVITATION FOR BIDS 001116-1

SECTION 001116 - NOTICE OF INVITATION FOR BIDS

IFB 26016

Sealed bids from Bidders are invited for the JAMES WOOD HIGH SCHOOL – NEW

WATER PUMP STATION at 161 Apple Pie Ridge Road, Winchester, Virginia according to drawings and specifications prepared by RRMM Architects, Architecture | Planning | Interiors.

The project is generally described as the complete installation of a below-grade water pump station, controls, emergency backup generator, and piping with the existing water system remaining operational until the new system is complete, tested and approved.

Construction Documents, including Project Specifications and Drawings, will be available for download beginning Tuesday, July 28, 2026, at 9:00 AM local standard time from:

https://infoexchange.rrmm.com/UserWeb/Login/Login.aspx?v=0 Bidders will be asked to enter an email address and use password anonymous to view the list of projects bidding available for download and then download this project’s documents. Documents will also be posted to eVA and the Frederick County Public Schools website.

A non-mandatory Pre-Bid Conference for the project will be held on Tuesday, August 11, 2026, beginning at 11:00 AM local standard time at James Wood High School, 161 Apple Pie

Ridge Road, Winchester, Virginia 22603 with a walk-around of the project site to follow the

Conference. All attendees must bring a valid state issued ID for access to the school building.

The latest date for receipt by the Architect of bidders’ questions to be answered prior to receipt of bids will be Close of Business on Thursday, August 20, 2026.

Procedures for submitting a bid, claiming an error, withdrawing of bids and other pertinent information are contained in the Instructions to Bidders, which is part of the Invitation for Bids.

The Owner reserves the right to reject any and all bids and / or to waive any informality in the bidding procedures.

Sealed bids for James Wood High School – New Water Pump Station will be received electronically through eVA or via paper submission to the attention of Lisa Reed, Purchasing

Supervisor, Frederick County Public Schools, 1415 Amherst St., Winchester, VA 22601. The deadline for submitting bids is 11:00 AM local standard time on Thursday, August 27, 2026.

Include Bid # IFB 26016 and the vendor’s name on the outside of the bid envelope. Paper submissions shall be submitted in duplicate with the original copy so labeled. The bids will be opened publicly at 11:30 AM local standard time the same day via Zoom and read aloud at that time.

INVITATION FOR BIDS 001116-2

Bidders may view the bid opening over Zoom at the following connection:

https://fcpsk12-net.zoom.us/j/96226327260?pwd=Q0jkRYl5amQuhUcdPWbaZlLB2SuGIM.1

Meeting ID: 962 2632 7260 Passcode: P2FyzY

A “Notice of Award” will also be posted on the Frederick County Public Schools website.

A Bid Bond and Contract Security will be required of all bidders regardless of amount. Bidders shall be required to bind their bid for sixty (60) days. The contract for the project shall be awarded on a lump sum basis of the Base Bid. Bidder's attention is directed to the requirements of Title 54, Chapter 11, of the Code of Virginia pertaining to registration of Contractors.

The forms “Compliance with Virginia Law for Transacting Business in Virginia” and “Direct

Contact with Students” found at the end of specification section 004200 Bid Form shall be completed and included with the Bid submittal.

In accordance with Code of Virginia § 2.2-4343.1, the Owner does not discriminate against faith-based organizations, nor does it discriminate against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

Frederick County School Board, a public body existing under Virginia Code § 22.1-28

END OF NOTICE OF INVITATION FOR BIDS

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 002213-1

SECTION 002213 - SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

SUPPLEMENTS:

The following supplements modify, delete from or add to parts of the Instructions to Bidders, AIA Document A701, 2018 Edition. Where any part of the Instructions to Bidders is modified or voided by these supplements, the unaltered provisions of that part shall remain in effect.

ARTICLE 2: BIDDER’S REPRESENTATION

2.1.7 ADD the following sentences:

2.1.7 Wherever in these specifications the words “or equal”, “or approved equal” or words of similar import are used, the burden of proof of equality shall be upon the Contractor. The Architect’s decision as to the equality of any product or material, based on function, appearance and other features of importance to the project, shall be final.

ARTICLE 3: BIDDING DOCUMENTS

3.1 Distribution

3.1.1 CHANGE this subparagraph to read as follows:

3.1.1 Bidders shall obtain complete Bidding Documents electronically from the web site as indicated in the Invitation for Bids.

3.2 Modification or Interpretation of Bidding Documents

3.2.2 CHANGE this Subparagraph to read as follows:

3.2.2 Bidders and Sub-bidders requiring clarification or interpretation of the Bidding

Documents shall make a written request which shall reach the Architect no later than Close of Business on the date indicated in the Invitation for Bids Written request shall be on a copy of the Pre-Bid Question Form bound at the end of this Section.

3.2.4 ADD the following new Subparagraph:

3.2.4 Should conflict occur in Contract Documents and the Bidder does not ask for and obtain a written decision before submission of proposal as to which method or material will be required, then it shall be deemed that the Bidder has based his proposal on the more expensive way of doing the work.

3.3 Substitutions

3.3.2 .1 ADD the following sentence to the end of subparagraph 3.3.2.1

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 002213-2

Requests for substitutions must be submitted by a General Contractor participating in the bid process. Requests for Substitutions from manufacturers or suppliers will not be considered.

3.4 Addenda

3.4.1 Change the subparagraph to read as follows:

3.4.1 Addenda will be posted to the Project Bidders download site as indicated in the Invitation for Bids. It is the Bidders responsibility to check back periodically to verify they have downloaded all Addenda and to so note the addendum numbers on their submitted Bid Form. In addition, Frederick County Public Schools will post Addendum to the FCPS website and eVA. However, the Project Bidders download site as noted in the Invitation for Bids is the Official site for noting the Addendum numbers to include on the Bid Form.

ARTICLE 4: BIDDING PROCEDURES

4.1 Preparation of Bids

4.1.9 ADD the following new Subparagraph:

4.1.9 Owner will receive through the Architect and consider comments or questions concerning specifications or other provisions in the Invitation to Bid prior to the time set for receipt of bids. The latest date for receipt by the Architect of Bidders’ questions to be answered prior to receipt of bids will be Close of Business Thursday August 20, 2026.

4.1.10 ADD the following new Subparagraph:

4.1.10 Complete and submit attached forms “Compliance with Virginia Law for Transacting Business in Virginia” and “Direct Contact with Students” with Bid Form.

4.2 Bid Surety

4.2.1 CHANGE the subparagraph to read as follows:

4.2.1 Each bid shall be accompanied by a bid security in an amount not less than five percent (5%) of the bid price which may be in the form of a certified check, cashier’s check or a surety bond.

4.3 Submission of Bids

4.3.1 CHANGE subparagraph to read as follows:

4.3.1 A Bidder shall submit its Bid to the Party indicated in the Instructions for Bidders.

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 002213-3

4.3.2 ADD to the end of the subparagraph the following sentence:

Include Bid # IFB 26016 and the vendor’s name on the outside of the bid envelope.

4.4 Modification or Withdrawal of Bid

4.4.3 CHANGE subparagraph 4.4.3 to read as follows:

4.4.3 After the date and time designated for receipt of Bids, a Bidder who discovers that it made a clerical error in its Bid shall notify the Architect of such error in writing of his claim of right to withdraw his bid within two business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice.

Under these procedures, the mistake shall be proved only from the original work papers, documents and materials delivered as required herein. The work papers, documents and materials submitted by the bidder shall, at the bidder's request, be considered trade secrets or proprietary information subject to the conditions of subsection F of § 2.2-4342 of the Code of Virginia. If a Bid is withdrawn pursuant to this Section 4.4.3, the bid security will be attended to as follows. No forfeiture under a bid bond or surety shall exceed the lesser of (i) the difference between the bid for which the bond was written and the next low bid, or (ii) the face amount of the bid bond.

4.4.4 ADD the following new Subparagraph:

4.4.4 Modifications to a Bid shall not be written on the Bid Cover. Bids received with a Bid Modification written on the Cover will not be considered and the bid will be returned unopened.

ARTICLE 5: CONSIDERATION OF BIDS

5.3 Acceptance of Bid (Award)

5.3.3 ADD the following new Subparagraph:

5.3.3 Unless all bids are canceled or rejected, the Owner reserves the right granted by Section 2.2-4318 of the Code of Virginia to negotiate with the lowest responsive, responsible Bidder to obtain a contract price within the funds available to the Owner whenever such low bid exceeds the Owner’s available funds. For the purpose of determining when such negotiations may take place, the term “Available Funds” shall mean those funds which were budgeted by the Owner for this contract prior to the issuance of the written Advertisement for Bids. Negotiations with the low bidder may include both modifications of the bid price and the Scope of Work/Specifications to be performed. The Owner shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and that the Owner wishes to negotiate a lower Contract Price. The times, places and manner of

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 002213-4

negotiating shall be agreed to by the Owner and the lowest responsive, responsible bidder.

5.3.4 ADD the following new Subparagraph

5.3.4 The Project will be awarded on a lump sum basis of the Base Bid.

ARTICLE 6: POST-BID INFORMATION

6.1 Contractor’s Qualifications Statement

6.1 CHANGE paragraph to read as follows:

6.1 Bidders to whom award of a Contract is under consideration shall submit to the Architect, upon request and within seven (7) consecutive calendar days of the bid opening, a properly executed AIA Document A305, Contractor’s Qualification Statement, unless such a Statement has been previously required and submitted for this Bid.

ADD the following new subparagraphs

6.1.1 The second and third apparent low bidders shall provide the above information to the Architect within seven (7) consecutive calendar days of telephonic request to do so.

6.1.2 Architect’s review of such information will be made within ten (10) consecutive calendar days of receipt of information.

6.2 Owner’s Financial Capability

Delete Subparagraph 6.2.

ARTICLE 7: PERFORMANCE BOND AND PAYMENT BOND

7.1 Bond Requirements

7.1.4 CHANGE the subparagraph to read:

7.1.4 The successful Bidder shall furnish a Performance Bond and a Labor and

Material Payment Bond each in the amount of 100% of the Contract Sum covering the faithful performance of the Contract and the Payment of all obligations arising thereunder with such sureties secured though the Bidder’s usual sources as may be agreeable to the parties. In addition, the successful Bidder will require from each of his subcontractors with a subcontract of $200,000.00 or more a Performance Bond and

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 002213-5

a Labor and Material Payment Bond each in the amount of 100% of their respective contract amounts. Written documentation of subcontractors’ Bonds will be required.

7.2. Time of Delivery and Form of Bonds

7.2.1 CHANGE the first sentence of sub subparagraph 7.2.1 to read:

The Bidder shall deliver the required bonds to the Owner not later than ten days following the date of execution of the Contract.

ARTICLE 8: ENUMERATION OF THE PROPOSED CONTRACT DOCUMENTS

8.1 CHANGE paragraph 8.1 and all subparagraphs to read:

8.1 Copies of the proposed Contract Documents including Contracts, Project Specifications and Drawings, have been made available to the Bidder on the download web site indicated in the Invitation for Bids.

ARTICLE 9: - ADD as follows:

ARTICLE 9: SUPPLEMENTARY INSTRUCTIONS

9.1 VIRGINIA CONTRACTOR’S REGISTRATION:

9.1.1 Bids with the bid guarantee shall be enclosed in a sealed envelope which shall be marked and addressed as indicated by the advertisement. If a contract is for seventy thousand dollars ($70,000) or more, or if the total value of all construction, removal, repair or improvements undertaken by the Bidder within any twelve month period is five hundred thousand dollars ($500,000) or more, the Bidder is required under Title 54.1, Chapter 11, Code of Virginia (1950), as amended, to show evidence of being licensed in Virginia as a “Class A Contractor”. If a contract is fifteen hundred dollars ($1,500) or more but less than seventy thousand dollars ($70,000), the bidder is required to show evidence of being licensed in Virginia as a “Class B Contractor”. The Bidder shall place on the outside of the envelope containing the bid and shall place in the bid over his signature whichever of the following notations is appropriate:

“Licensed Class A Virginia Contractor No. ____________.”

or “Licensed Class B Virginia Contractor No. ____________.”

If contract is less than $1,500, licensure is not required under Title 54.1, Chapter 11, Code of Virginia (1950), as amended.

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 002213-6

9.2 BID PROPOSALS

9.2.1 Bid Proposals and all required accompanying submittals shall be made in duplicate.

9.2.2 Employment Discrimination by a Contractor is prohibited by Section 2.2-4311 of the Code of Virginia. See Special Conditions, Section 013000, for further information.

END OF SECTION 002213

PRE-BID QUESTION FORM 002214-1

PRE-BID QUESTION FORM

(Use separate Form for each question submitted. Questions only accepted from bidding General Contractors.)

Project: JAMES WOOD HIGH SCHOOL - Date:___________

NEW WATER PUMP STATION

161 APPLE PIE RIDGE ROAD, WINCHESTER, VIRGINIA 22603

RRMM Project No. 21320-62

The following question concerns Drawing Sheet number _______________:

Continue question on rear.

The following question concerns Specification Section number ________ ____, Page ______, Paragraph _______:

Continue question on rear.

All responses will be made by Addendum.

Question submitted by:

Name Organization

Email form to: Gene Whitesell Email: gwhitesell@rrmm.com

RRMM Architects Phone: (540) 278-2155

310 1st. Street SW, Suite 100M

Roanoke, Virginia 24011

PRE-BID QUESTION FORM 002214-2

BID FORM 004200-1

SECTION 004200 - BID FORM

IFB #26016

JAMES WOOD HIGH SCHOOL – NEW WATER PUMP STATION

161 APPLE PIE RIDGE ROAD

Submitted by:

Name of Firm: _____________________________________________

Contact Person: ____________________________________________

Contact Phone Number: _____________________________________

To:

Lisa Reed Purchasing Supervisor Frederick County Public Schools

Winchester, Virginia 22604

In compliance with your Invitation for Bids, the undersigned bidder has carefully examined the site of the proposed work and the plans and specifications and hereby proposes to furnish all labor, materials, operational equipment and services necessary for the construction of the James Wood High School – New Water Pump Station, IFB 26016 according to Contract Documents prepared by RRMM Architects, Architecture | Planning | Interiors, for the consideration of the following amounts:

BASE BID:

___________________________________________________DOLLARS ($______________).

(The BASE BID amount includes the OWNER’S CONTINGENCY as noted below and any CASH ALLOWANCES as noted in Specification Section 011100 Summary of Work.)

OWNER’S CONTINGENCY (Included in base bid price above):

Twenty-five thousand and no/100 DOLLARS ($_25,000.00_).

(The amount for the preceding Owner’s Contingency specified above shall be included in the BASE

BID.)

The undersigned further proposes that additional or less work than required by the Contract Documents shall be computed at actual cost of labor and materials to the General Contractor, plus fifteen percent

BID FORM 004200-2

(15%) if performed by the General Contractor’s own forces and ten percent (10%) if performed by subcontractors for additional work and less zero percent (0%) for less work, to cover overhead, profit, bond, insurance and all incidental expenses. Subcontractors shall be limited to 20% to cover overhead, profit, bond, insurance and all incidental expenses.

The undersigned further agrees that this proposal may be held as binding for sixty (60) days after opening.

The Owner requires that the building be Substantially Complete with the Full Project no later than one hundred eighty (180) days from the Notice To Proceed (NTP). Project to be Fully Complete for beneficial occupancy of the Owner no later than thirty (30) days after date of Substantial Completion.

Receipt of Addendum No.(s) _______________________________________ is hereby acknowledged.

The undersigned is registered as a (Class ‘A’)(Class ‘B’) Contractor under Title 54, Chapter 7, Code of Virginia 1950, as amended, Registration Number ______________________.

The undersigned is authorized to transact business in the Commonwealth of Virginia and holds Virginia State Corporation Commission I.D. No: _________________.

(if none, explain): _______________________________________________

Tax ID Number: ___________________.

BID FORM 004200-3

Respectfully submitted, (Name of Firm) (Seal if Corporation)

(Street and Number)

(City, State, Zip Code)

By:___________________________________________

Title: _________________________________________

Date: ______________________________

BID FORM 004200-4

1415 Amherst Street www.frederickcountyschoolsva.net 540-662-3888

Compliance with Virginia Law for Transacting Business in Virginia.

The undersigned hereby agrees, if this Bid/Proposal is accepted by FCPS, for such services and/or items that the undersigned has met the requirements of the Virginia Code Section 2.2-4311.2

Please complete the following by checking the appropriate line that applies and providing the requested information:

A. _____ Bidder/offeror is a Virginia business entity organized and authorized to transact business in Virginia by the SCC and such bidder’s/offeror’s Identification Number issued to it by the SCC is_______________________. (The SCC number is NOT your federal ID number).

B. _____ Bidder/offer is an out-of-state (foreign) business entity that is authorized to transact business in Virginia by the SCC and such bidder’s/offeror’s Identification Number issued to it by the SCC is ________________________.

C. ______ Bidder/offeror does not have an Identification Number issued to it by the SCC and such bidder/offeror is not required to be authorized to transact business in Virginia by the SCC for the following reason(s):

Please attach additional sheets of paper if you need to explain why such bidder/offeror is not required to be authorized to transact business in Virginia.

Legal Name of Company (as listed on W-9)

Legal Name of Bidder

Date

Authorized Signature

Print or Type Name and Title djones Text Box Section 004200

Finance Department www.frederickcountyschoolsva.net

540-662-3888 1415 Amherst Street

CERTIFICATION OF CONTRACTOR

Full Name of Contractor: ___________________________________ Insert name of company or individual contractor

Description of Contract: ___________________________________

As required by Section 22.1-296.1 of the Code of Virginia, the undersigned hereby certifies that none of the persons who will provide services requiring direct contact with students on school property during school hours or during school-sponsored activities has been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child; or convicted of a crime of moral turpitude.

I further understand and acknowledge (1) that if I make a materially false statement regarding any of the above offenses, I will be guilty of a Class 1 misdemeanor and (2) that before any person is permitted to provide such services subsequent to this certification, I must complete a new certification regarding such person.

Signature: __________________________________________ Date: _______________

Printed Name and Title of Person Making Certification

Address: _______________________________________________________________

Phone: ______________________ Fax: ______________________

Email: ___________________________________________________________ djones Text Box Section 004200 djones

DIRECT CONTACT WITH STUDENTS

SUPPLEMENTARY STANDARD

GENERAL CONDITIONS OF CONTRACT 00800-1 2020-063

SUPPLEMENTARY STANDARD GENERAL CONDITIONS OF CONTRACT

FOR A201 (2017) TRANSACTIONS

DECEMBER 1, 2018

01. General Conditions:

The “General Conditions of the Contract for Construction”, A.I.A. Document A201-2017, Articles 1-15, inclusive, are a part of the contract and are incorporated herein as modified by the following provisions.

02. Supplements:

The following supplements modify, change, delete, or add to the General Conditions.

Where any part of the General Conditions are modified or voided by these articles, the unaltered provisions of that part shall remain in effect.

ARTICLE 1 – GENERAL PROVISIONS

1.1.1 Delete the last sentence beginning with the word "unless". Add the sentence, “Whenever used in a Contract Document, the term “Contract” or “Agreement” includes all exhibits to the Contract or Agreement. In the event that an exhibit is a Drawing or

Specifications log, the Contract Documents include the drawings or specifications identified in such log.”

1.2.1.1 Add the following new subparagraph: “In the event of conflicts or discrepancies among the Contract Documents other than as described in 3.2.5, interpretations will be based on the following priorities:

1. The Contract for construction (Form A101-2017) (including Exhibits).

2. Addenda, with those of later date having precedence over those of earlier date.

3. These Standard Supplementary General Conditions.

4. The General Conditions of the Contract for Construction (Form A201-2017).

5. Technical Sections of the Specifications found in any Project Manual.

6. Information within appendices bound within any project manual (including the

Invitation to Bid or other procurement documents, if they appear within the project manual).

The Contract Documents do not include the Frederick County Public Schools General

Terms and Conditions document that appears on the Owner’s website, and which is

SUPPLEMENTARY STANDARD GENERAL CONDITIONS 0 73 00-1

PROJECT NAME

FREDERICK COUNTY PUBLIC SCHOOLS RRMM PROJECT NO. XXXXX-XX

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GENERAL CONDITIONS OF CONTRACT 00800-2 2020-063

applicable to many of the Owner’s business relationships, but which is not applicable to this Contract.

1.2.4 Add a new subparagraph: “References in the Contract Documents to standards including trade associations, federal and military specifications, technical societies, organizations, associations, codes and government authorities, whether specific or by implication shall refer to the latest issue or edition in effect thirty (30) days prior to the date of receipt of bids or date of the Agreement, if there were no bids. The provisions of referenced standards shall not change the duties and responsibilities of the Owner, the Contractor, the Architect or any of their consultants, agents, or employees.”

1.2.5 Add a new subparagraph: “Contractor shall compute dimensions; Contractor shall not obtain dimensions by scaling drawings. In case of any discrepancy between drawings and specifications, Contractor shall consult Architect before proceeding with the Work.

Dimensions provided by the Architect are generally considered nominal and must be verified by the Contractor during the construction period.”

1.5.1 Add, at the beginning, “As between Contractor and Architect,”

1.7 Delete in its entirety. Replace as follows:

“1.7 Use of Document Management System Required:

.1 The Contractor shall use any internet-based document management system prescribed by the Architect. In its sole discretion, the Architect may change document management systems prior to final ratification of the Contract. Any document management software will be free of charge for the Contractor to access and use. The Contractor may also grant access to the document management system, free of charge, to their subcontractors, suppliers, etc.

.2 The Contractor shall utilize the document management system for all submittals to the Architect throughout the Project, except as the Architect may otherwise direct.

.3 The Architect will provide a user guide with specific requirements and instructions. The Contactor may request a copy of this document from the

Architect prior to bid.”

1.8 Add the following subparagraph: “Each of the signatories below warrants and represents that he or she is authorized to bind the party on behalf of whom he or she is signing.”

SUPPLEMENTARY STANDARD GENERAL CONDITIONS 00 73 00-2

PROJECT NAME

FREDERICK COUNTY PUBLIC SCHOOLS RRMM PROJECT NO. XXXXX-XX

djones Text Box

GENERAL CONDITIONS OF CONTRACT 00800-3 2020-063

ARTICLE 2 – OWNER

2.2 Delete in its entirety and replace as follows: “Owner may terminate this Agreement if for any reason the Board of Supervisors of Frederick County, Virginia, fails to appropriate the funds to Owner to pay for the Project, it being understood by the parties that Owner is subject to Virginia Code § 22.1-91, prohibits a school board from expending or contracting to expend, in any fiscal year, any sum of money in excess of funds available for school purposes for that fiscal year without the consent of the governing body. Both parties believe in good faith that the funds have been or will be appropriated in the immediate future and thereafter to complete the Project. In the event of such Owner termination, therefore, but necessarily limited to funds that may have been appropriated for the Project or to the extent of consent given by the Board of Supervisors of Frederick County, Contractor shall be entitled to receive payment for Work executed, plus costs incurred to cease operations at the Project site, but not including any overhead or profit on the Work not executed. Owner represents that it has requested the Board of Supervisors of Frederick County to take the actions necessary to fund the Project and to appropriate the funds, and that Owner will, in good faith, continue to make such requests for each fiscal year in which the Project is being completed.”

2.3.6 Delete in its entirety and substitute the following: “If the parties use a digital document management system, the Contractor will be responsible for printing its own drawings, specifications, and addenda for execution of the Work."

2.6 Add the following paragraph: “The Owner shall not be responsible for the accuracy of site, surveys, geotechnical reports, asbestos reports, or other site information provided by the Owner. The Contractor shall field verify all conditions and shall notify the

Architect of any discrepancies that will affect the Work.”

ARTICLE 3 – CONTRACTOR

3.2.4 Delete the words "for differences between field measurements or conditions and the

Contract Documents" in the last sentence of the paragraph. The Contractor shall be responsible for verification of all field conditions.”

3.2.5 New subparagraph: "Should conflict occur in Contract Documents and the Contractor does not ask for and obtain a written decision, before the submission of its bid, as to which method or material will be required, then Contractor shall be deemed to have based its bid on the more expensive way of performing the Work, or the better quality or greater quantity of Work. In such an event, Contractor shall perform the Work in

SUPPLEMENTARY STANDARD GENERAL CONDITIONS 00 73 00-3

FREDERICK COUNTY PUBLIC SCHOOLS RRMM PROJECT NO. XXXXX-XX

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GENERAL CONDITIONS OF CONTRACT 00800-4 2020-063

such more expensive way for the price, and on the terms, contained in the Contract

Documents.”

3.4.2.4 Add new subparagraph: “The Contractor shall disclose in writing the existence and extent of any financial interests, whether direct or indirect, he has in subcontractors and material suppliers which he may propose for the Project.”

3.5.1 Delete the words “except for those inherent in the quality of the Work the Contract

Documents require or permit,” in the first sentence.

3.7.4 Delete in its entirety

3.8.2 Item 3.8.2.2 change to read - "Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the allowances; and"

3.9 SUPERINTENDENT

3.9.2 Delete in its entirety and substitute the following:

“The superintendent employed by the Contractor shall have a minimum of ten (10) years’ successful commercial experience as the primary Superintendent on projects of similar size and complexity as the Work. As soon as practicable after the award of the

Contract, the Contractor shall submit to the Architect and Owner, for their approval

(which shall not be unreasonably withheld) a resume and other supporting documentation showing that the proposed Superintendent is competent and has the minimum work experience required to execute the Work. The Architect and Owner shall notify the Contractor of their approval or disapproval of the proposed superintendent in writing. The Contractor shall not employ on the Work a superintendent to which the Owner or Architect has made reasonable objection. If the

Architect or Owner reasonably disapproves the proposed superintendent, the

Contractor shall propose an alternate superintendent who better meets the qualifications and is better prepared to assume the responsibilities contemplated in this Article.

3.9.3 Delete in its entirety and substitute the following:

“The Contractor shall notify the Architect and Owner in writing of any proposed replacement of an incumbent superintendent. The Contractor shall not replace a

Superintendent without prior written and discretionary approval from the Owner. The requirements contained in this Article shall apply to any proposed replacement superintendent, regardless if the proposed tenure is to be temporary or permanent. The

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Project Manager shall not act as the Superintendent or replacement for the superintendent without written approval from the Owner.”

3.9.4 New Subparagraph: "The Contractor’s superintendent shall give special attention to all phases of work nearing completion, and shall remain on the job site, in active control of work, until all phases of the Work have been completed, tested, cleared, and accepted by the Owner or its representative. The superintendent shall not be a foreman and shall not perform or supervise any manual labor."

3.9.5 New Subparagraph: “Should the superintendent at any lime, in the discretionary opinion of the Architect or Owner, tail to perform his duties satisfactorily, he shall be removed from the project upon request of the Architect or Owner and a suitable replacement employed. The replacement superintendent shall be approved by the

Owner and the Architect under the same terms described in 3.9.2 above.”

3.9.6 New Subparagraph: “The superintendent shall be on site for the duration of the Work, and shall be capable, at a minimum, of the following:

.1 Supervising the tradesmen and any subcontractors.

.2 Reading and interpreting the Contract Documents.

.3 Orderly coordination of his work with the Architect in the daily execution of the Work.

.4 Laying out his work.

.5 Representing the Contractor with the Owner and Architect in the daily execution of the Work.

.6 Controlling and establishing good quality in the completed Work.

3.9.7 New Subparagraph: “The Contractor shall employ a project manager to be assigned to the Work. The project manager employed by the Contractor shall have a minimum of ten (10) years successful commercial experience as project manager on projects of similar size and complexity as the Work. The project manager and any replacement project managers shall be subject to the approval of the Architect and the Owner in the same manner as the Superintendent described above, and may not be removed or replaced except in the same manner and under the same circumstances as described for the Superintendent above. Should the project manager at any lime, in the discretionary opinion of the Architect or Owner, tail to perform his duties satisfactorily, he shall be removed from the project upon request of the Architect or Owner and a suitable replacement employed. The project manager shall not act as the superintendent or replacement for the superintendent without written approval from the Owner.”

time, fail

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3.10 CONTRACTOR’S CONSTRUCTION SCHEDULES

3.10.1 Delete in its entirety and replace as follows:

“Within fifteen (15) business days of award of the contract, the Contractor shall submit a Construction Schedule to the Architect and Owner for review. The Architect and

Owner shall review the schedule and offer any comments they have in writing within ten (10) business days. Such review and comments shall be for Contractor’s informational purposes only and shall not constitute endorsement of any errors or omissions that may appear in the schedule, nor shall it constitute a review of the

Contractor’s means and methods.

The Construction Schedule shall be a comprehensive, fully developed, horizontal Gantt chart type. The schedule shall begin at the Notice to Proceed date and end no later than the contractual date of final completion. Neither Contract Time, nor the time of any proposed milestone deadline, nor the dates of Substantial Completion or final completion shall be changed by submission of a schedule that shows an early completion date.

.1 Activities: At a minimum, the schedule shall show the following:

.a Activity Duration: Define activities (tasks) so no activity duration is longer than twenty (20) days.

.b Procurement Activities: Include procurement activities as separate activities in the schedule. Procurement activities include, but are not limited to, submittals, approvals, purchasing, fabrication, and delivery.

.c Submittal Review Time: Include review and at least one resubmittal into the schedule for each submittal listed on the Submittal Log in the specifications. Review periods shall be the maximum time allowed by the specifications. There shall be no time extensions granted for submittals that require more than one resubmittal.

.d Startup, Balancing, Testing and Commissioning Activities: Indicate all activities associated with systems and equipment Startup, Balancing, Testing and Commissioning, including training of Owner’s personnel.

Each system and piece of equipment subject to these activities shall be represented as a separate activity in the schedule.

.e Punch Lists, including Above Ceiling Inspections: Indicate punch lists as milestones in the schedule. Include separate activities for completing punch list work within time limits prescribed by the Contract Documents.

.f Substantial Completion: Indicate completion in advance of date established for Substantial Completion, allowing time for Architect's

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administrative procedures necessary for certification of Substantial

Completion.

.g Final Completion: Indicate time for punch list work, submittals and administrative procedures between Substantial Completion and final completion.

.2 Constraints: Include constraints and work restrictions indicated in the Contract

Documents, including the prescribed Monday-Friday work week and Saturday make-up day.

.3 Critical Path: Indicate the critical path tasks throughout the project. Alert the

Owner and Architect if the critical path changes and why it changed.

.4 Float: Indicate float for each activity. The Project owns the float and it may be used by either the Contractor, the Owner, or the Architect without affecting the critical path, and without penalty.

.5 Percent Complete: Indicate percent complete for all activities.”

3.10.4 New Subparagraph: “For purposes of calculating the additional days due to inclement weather, the normal work week for this project shall be Monday through Friday, 8 hours per day. Starting and quitting times will be established at the first jobsite meeting. Saturday will be used as a makeup day for any time lost during the week due to inclement weather or other progress delays. Any Contractor working extended additional hours in a particular week due to his work being behind will be responsible for any overtime costs incurred by the Owner and the Clerk-of- the-Works, who may be required to work these extended hours to support his work. Delays due to a single weather day experienced Monday through Friday will not be allowed if Saturday is utilized or could have been utilized as a makeup day.”

3.11 DOCUMENTS AND SAMPLES AT THE SITE

Delete “upon completion of the Work” and insert “prior to final payment”.

3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

3.12.10.2 Insert “, but if the Contractor becomes aware of any inadequacy or inaccuracy in such

Contract Documents, he shall bring such inadequacy or inaccuracy to the attention of the Architect.” after “The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents”.

3.12.11 New Subparagraph: “Shop drawings and samples shall be dated and shall contain:

name of project, description or names of equipment, materials and items, and complete identification of locations at which materials or equipment are to be installed. Cut sheets of materials showing items to be used shall be submitted.”

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3.12.12 “Unless otherwise specified, electronic shop drawing submittals are preferred, but if hard copies are submitted, the number of shop drawings, product data, and the number of samples which the Contractor shall submit and, if necessary, resubmit, is the number that the Contractor requires to be retained, plus one which will be retained by the

Architect, plus two that will be retained by the Owner.”

3.15 CLEANING UP

3.15.3 New Subparagraph: “At the conclusion of the Project, Contractor shall clean all areas affected by the work to the satisfaction of the Owner. Contractor shall remove broken or scratched glass and replace with new glass; remove paint droppings, spots, and dirt from finished surfaces; and shall clean plumbing fixtures, hardware, floors, electrical switches and switchplates, and equipment. Contractor shall keep interior of the building free of stored or unattended combustible materials. All glass shall be cleaned

5 days before acceptance by the Owner.”

3.18.1 Delete and replace as follows: “The Contractor shall indemnify, protect, defend and hold harmless the Owner, the Architect, and the consultants, agents and employees of

Owner or Architect (collectively, the “Indemnified Parties”), from and against any and all claims, demands, judgments, or causes of action for loss, damage, injury, fines or penalties of any kind or character (including costs of investigation, other costs, and attorney’s fees) (collectively, “Damages”), to which the Indemnified Parties may be subject, when such Damages directly or indirectly arise out of (a) any breach of any obligation or warranty of Contractor under any Contract Document; or (b) any act or omission of Contractor or a subcontractor, or their agents or employees, in connection with the Work, except when such Damage is caused by the sole negligence of the

Owner or its employees. This indemnity agreement shall impose liability on the

Contactor to the fullest extent permitted by the laws of Virginia, and any provision hereof not permitted by such laws is expressly deleted from said agreement. For the avoidance of doubt, the acts or omissions described in (b) above shall include, without limitation, (i) any act or omission of a person described in providing supervisory, inspection or engineering services, (ii) any act or omission in a person described in connection with any design, application, professional advice or opinion rendered to the

Owner or on the Owner’s behalf, and (iii) any act or omission of a person described in connection with the use or misuse of any substance, material, machinery, hoist, rigging, block, scaffolding, or any and all kinds of equipment whether or not owned, furnished or lent by the Owner.”

3.18.3 Add new subparagraph: “In the event of accidents involving personal injury or property damage, the Contractor shall immediately notify the Owner, furnishing as much data as is available. As soon as practicable, Contractor shall furnish to the Owner a written

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report indicating the extent of the damage, the persons involved, the employer of the persons involved and the number of days each person is hospitalized. Notification of any accident shall not relieve the Contractor of its obligations regarding safety for the

Project.”

3.18.4 Add new subparagraph: “The purchase of insurance by the Contractor shall in no event be construed as a fulfillment or discharge of the obligations set forth in this section.”

3.18.5 Add new subparagraph: “Where the facts or the law relating to any threatened or actual claim would preclude the Indemnified Party from being completely indemnified, the

Indemnified Party will be partially indemnified by the indemnifying party to the fullest extent permitted by the law.”

ARTICLE 4 - ARCHITECT

4.1.1 Add: “In the event that Owner retains an engineer to perform the duties of the architect for a particular Project, the term “Architect” in the Contract Documents shall refer to such engineer.”

4.2.2 Add the following sentence:

“The Contractor shall reimburse the Owner for compensation paid to the Architect for additional site visits made necessary by the fault, neglect or request of the Contractor.”

4.2.8.1 New Subparagraph: “No change in the Work will give rise to an increase in the Contract

Sum without a Change Order, and that the Contractor waives any claim for such an increase based upon unjust enrichment, course of dealings or implied or express acceptance.”

ARTICLE 6 – CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

6.1.1 Delete “retained under Conditions of the Contract substantially similar to those of this

Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation.”

ARTICLE 7 - CHANGES IN THE WORK

7.2 CHANGE ORDERS

7.2.2 New Subparagraph: “In subparagraphs 7.1.1, 7.1.2 and 7.1.3, the allowance for overhead in direct labor cost shall be 46.7% (FICA, FUI, SUI, Workmen’s

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Compensation, Vacation, Holidays, Sick, Health Insurance, Life Insurance, 401K); the allowance for overhead in direct material and equipment cost shall be the current sales tax where the project is located; the allowance for overhead and profit combined, included in the total cost to the Owner, shall be based upon the following schedule: For the Contractor, for work performed by his own forces, 20% of the cost: for the

Contractor, for work not performed by his own forces, 10% of the cost; for subcontractors, for work performed by his own forces, 20% of the cost. Cost to which overhead is applied shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, and unemployment insurance (labor cost may include a pro rata share of foreman's time only in the case where an extension of contract time is granted due to the change), workman’s compensation insurance, vacation, holidays, sick, health insurance, life insurance, and

401K, rental value of special power tools and equipment required specifically for this work. Rental of tools and equipment required for general work can be charged only in the case where an extension of contract time is granted due to the change. Overhead shall include the following: bond premiums, supervision, superintendence, wages of timekeepers, watchmen and clerks, small tools, incidentals, general office expenses, and all other expenses not included in “cost”. If the net value of a change results in a credit from the Contractor or subcontractor, the credit given shall be the net cost plus overhead and profit. The cost as used herein shall include all items of labor, materials, and equipment.”

7.3.1 Delete in its entirety and substitute the following:

“Construction Change Directives (CCD) - A Construction Change Directive is a written request from the Architect for pricing or, when signed by the Owner, a directive to carry out the work prescribed by the CCD. The Owner, by Construction Change

Directive, without invalidating the Contract, orders changes in the work within the general scope of the Contract consisting of additions, deletions or other revisions, the

Contract Sum and Contract Time being adjusted accordingly by Change Order at a later date. The Owner may sign the CCD, ordering the work to commence, as prescribed in

Item 1. or 2. below:

1. Upon receipt of and agreement to the Contractor's proposed cost/credit and/or adjustment of Contract Time. The Architect has the authority to request cost and time proposals of the Contractor without written consent of the Owner, however, the Owner’s signature is required on the CCD as authorization for the work to proceed. Such a CCD, when signed by the Owner after receipt of the

Contractor’s proposal, shall be recorded as a Change Order.

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