EASTERN KENTUCKY

UNIVERSITY

PROJECT MANUAL

Elmwood Masion Roof Replacement

Facilities Management Engineering & Construction

RCF# 3775

August 2026

THIS PAGE LEFT BLANK INTENTIONALLY

Elmwood Mansion Roof Replacement Project Manual Index Eastern Kentucky University, Richmond, KY Page 1 of 2 RCF Project # 3775

INDEX TO PROJECT MANUAL

FRONT END DOCUMENTS

General Conditions Pages 36 Contracting Requirements Pages 14 Contractor Safety Handbook Pages 8 Contractor Safety Presentation Pages 14 EKU IT Network Wiring and Equipment Specification Pages 10 EKU Stormwater Management Pages 11 EKU AV_Tech Specs Pages 4 EKU Brand Guide Pages 89 Special Conditions Pages 16 Proposal Agreement Pages 4

DIVISION 01

Section 010110 – Summary of Work Pages 2 010280 – Change order Procedure Pages 2 010390 – Coordination and Meetings Pages 6 012300 – Alternates Pages 2 013000 – Submittals Pages 4 013700 – Schedule of Values Pages 2 014000 – Quality Control Pages 2 014100 – Testing Services Pages 4 015000 – Temporary Facilities and Controls Pages 6

015213.13 – Fire Prevention Program Pages 2 015450 – Contractors Use of the Premises Pages 2 016000 – Material and Equipment Pages 4 016200 – Storage and Protection Pages 2 016300 – Product Substitution Pages 2 017000 – Contract Closeout Pages 4 017300 – Execution Pages 6 017400 – Warranties and Bonds Pages 2

DIVISION 02

Section 024119 Selective demolition Pages 6

DIVISION 04

Section 040110 – Masonry Cleaning Pages 6

040120.63 – Brick Masonry Repair Pages 10 040120.64- Brick Masonry Repointing Pages 8

Elmwood Mansion Roof Replacement Project Manual Index Eastern Kentucky University, Richmond, KY Page 2 of 2 RCF Project # 3775

DIVISION 05

Section 057500.1 – Decorative Copper Repair Pages 6

DIVISION 07

Section 071900 - Water Repellents Pages 6

073113 - Asphalt Shingles Pages 8 076200 - Sheet Metal Flashing and Trim Pages 12 079200 - Joint Sealants Pages 6

DIVISION 09

Section 099100 – Painting Pages 4

DIVISION 10

Section 108113 - Bird Control Devices Pages 2

END OF INDEX

Revised 4-12-19

EASTERN KENTUCKY UNIVERSITY

GENERAL CONDITIONS

TABLE OF CONTENTS

1. Definitions of Terms

2. Intent and Interpretation

3. The Architect

4. Conduct

5. Tobacco-Free Campus

6. Safety

7. Green Purchasing Policy

8. Recycling and Waste Management Policy

9. Parking

10. Traffic Control

11. Pedestrian and Property Protection

12. Concrete and Landscaping requirements

13. Hazardous Material

14. Site Conditions

15. Facilities Usage

16. Occupancy

17. General Work Hours

18. Storage and Staging

19. Signs

20. Administrative

21. Subcontractor

22. Changes in the Work/Change Orders

23. Key Checkout Procedure

24. Site Visit

25. Measurements

26. Labor and Materials

27. Indemnification

28. Insurance

29. Performance and Payment Bonds

30. Claims by the Contractor/Concealed Conditions/Disputes

31. Liens

32. Assignments

33. Separate Contracts

34. Cash Allowances

35. Schedules

36. Delays and Extensions of Time

37. Shop Drawings; Submittals

38. Supervision and Construction Procedures

39. Payment

40. Quality of Work

41. Code Compliance

42. Inspection, Tests, Permits, and License Fees

43. Correction of Work

General Conditions

44. Suspension of Work

45. Termination

46. Project Completion and Record Drawings

47. Miscellaneous Provisions Regarding Contractor’s Work

48. Davis-Bacon Act

49. Apprentices

50. Nondiscrimination in Employment

51. Affirmative Action: Reporting Requirements

52. Access to Records

53. Campus Map

1. Definitions of Terms. Whenever used in these General Conditions or in other Contract Documents, the following terms have the meaning indicated, which are applicable to both the singular and plural thereof:

1.1 Architect is the person or entity, either architect, engineer, or consultant, who is identified as such in the Contract Documents and on the drawings or any replacement architect, engineer, or consultant identified by the Owner.

1.2 Certification of Payment is the Owners Progress Payment form, Invoice and Receiving Report for Technical Services and Construction Contracts.

1.3 Change Order means a written order to the Contractor from the Owner and the Architect after execution of the Contract, which directs a change in the Work and may include a change in the Contract Price or the Contract Completion Time, or any combination thereof.

1.4 Contract is the legal relationship, duties and obligations between the Owner and Contractor as shown by the Contract Documents for the Project.

1.5 Contract Completion Time is the number of calendar days between the Date of Commencement and the dates set for Substantial Completion and Final Completion of the Work. This includes any adjustments established in the Contract between the Owner and Contractor.

1.6 Contract Documents include the Invitation for Bids, the Instructions to Bidders, the Payment and Performance Bonds, the General Conditions, the Special or Supplemental Conditions, the drawings, specifications, solicitation addenda, the contractors response to the solicitation, any written clarification of the response, the award document containing the Agreement between Owner and Contractor, and modifications issued after execution of the Contract. Modifications include (1) Change Orders issued as provided in Article 22, and (2) Field Orders for minor changes in the work issued by the Architect as provided in Article 22. Documents not included or expressly contemplated in this Paragraph, 1.6, do not, and shall not, form any part of the Contract between the Owner and the Contractor.

1.7 Contract Sum means the sum stated in the Contract including any authorized adjustments thereto and is the total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents.

1.8 Contractor means the person or entity with whom the Owner has executed the Contract for construction.

1.9 Date of Commencement is the date specified in the Contract as the date upon which the Contractor is authorized to begin work.

1.10 Direct Expenses is defined as “All items of expenses directly incurred by or attributable to a specific project, assignment or task” and “Direct costs consist of direct materials, direct labor, subcontract costs, and other miscellaneous direct costs such as bonding and equipment rentals, that are directly related to and can be specifically attributed to an individual contract.”

1.11 Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.

1.12 Extra Work is Work not part of the existing Contract Documents which is being added to the Contract by Change Order.

1.13 Field Order is a written order issued by the Architect which clarifies or interprets the Contract Documents, or orders minor changes in the Work which does not require a change under Article 22.

1.14 Final Completion is defined as the Work being acceptable under the Contract Documents and the Contract fully performed in accordance with the terms and conditions of the Contract Documents and the entire payment balance due the Contractor is due and payable.

1.15 Final Completion Date shall have the meaning as described to it in Paragraph 46.3.

1.16 Notice of Intent to Award is a written letter issued to the apparent successful Contractor after acceptance of bid price, unit prices, subcontractors and equipment and materials to inform them of such acceptance and request the required additional documentation to initiate the Contract. This is NOT an authorization to proceed.

1.17 Owner means Eastern Kentucky University, acting through the Division of Capital Construction and Project Administration.

1.18 The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate Contractors.

1.19 Resident Observer means an individual who has a direct contract with the Architect to observe and report on activities at the work site. A Resident Observer employed by the Architect is not authorized to serve as the Owners Representative, unless so designated by the Owner in writing.

1.20 Retainage means money earned by a contractor for work accepted by the Owner, but withheld to ensure proper performance by the contractor

1.21 Shop Drawings means drawings, completion diagrams, schedules, and other data specially prepared for the Work by the Contractor or any Subcontractor, lower tier subcontractors, manufacturer, supplier, or distributor to illustrate some portion of the Work.

1.22 Subcontractor means the person or entity having a direct contract with the Contractor for the performance of a part of the Work.

1.23 Substantial Completion is the point at which, as certified in writing by the Architect, the Project is at a level of completion in strict compliance with the Contract, and necessary approval by public authorities has been given, such that the Owner or the Agency can enjoy beneficial use or occupancy and can use, operate and maintain (the Owner has received all required warranties and documentation) it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete and such partial use or occupancy shall not be evidence of Substantial Completion.

1.24 Substantial Completion Date shall have the meaning as described to it in Paragraph 46.2.

1.25 The Work includes the construction and services required by the Contract Documents, whether completed or partially completed, and includes all labor, supervision, materials, equipment, services, and things provided or to be provided by the Contractor to fulfill the Contractor’s obligations.

2. Intent and Interpretation

2.1 Anything that may be required, implied or inferred by the documents which make up the Contract, or any one or more of them, shall be provided by the Contractor for the Contract Sum;

2.2 Nothing contained in the Contract Documents shall create, nor be interpreted to create, privity or any other relationship whatsoever between the Owner and any person except the Contractor;

2.3 When a word, term, or phrase is used in the Contract Documents, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage;

2.4 The words “include”, “includes”, or “including”, shall be deemed to be followed by the phrase, “without limitation”.

2.5 The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of the resulting Contract shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of the resulting Contract;

2.6 In the event of any conflict, discrepancy, or inconsistency, the following shall control:

2.6.1 As between figures given on plans and scaled measurements, the figures shall govern; In the event of a conflict between figures on the plans, the Contractor shall obtain clarification from the Architect prior to proceeding with the related work.

2.6.2 As between large scale plans and small scale plans, the large scale plans shall govern;

2.6.3 As between plans and specifications, the requirements of the specifications shall govern;

2.7 Meaning of Execution. Execution of the Contract Documents by the Contractor is a representation that the Contractor has thoroughly examined the site of the Work, become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. Execution of the Contract Documents is a further representation that Contractor has received, reviewed and carefully examined all of the Contract Documents, and has found them in all respects to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, the Contractor is fully qualified to act as the contractor for the Project and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the contractor for, and to construct the Project.

2.8 Prior Agreements. The Contract Documents supersede any and all prior discussions, communications, representations, understandings, negotiations or agreements between the Owner and the Contractor and the Agency and the Contractor.

2.9 Contractor’s Performance. The Contractor shall perform all of the Work required, implied or reasonably inferable from the Contract including, but not limited to, the following:

2.9.1 Construction of the Project;

2.9.2 The furnishing of any required surety bonds and insurance;

2.9.3 The provision or furnishing, and prompt payment therefor, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, fuel, heat, light, cooling, or other utilities, required for construction and all necessary building permits and other permits required for the construction of the Project;

2.9.4 The creation and submission to the Owner of detailed and comprehensive as-built drawings, depicting all as-built construction. Said as-built drawings shall be submitted to the Owner upon final completion of the Project and receipt of same by the Owner shall be a condition precedent to final payment to the Contractor.

2.10 Time. All limitations of time set forth in the Contract Documents are material and are of the essence of the Contract. The Contractor shall make reasonable progress on the completion of the Work on a continual and consistent basis.

2.11 Intent of Contract Documents. The intent of the Contract Documents is to include all items necessary for the proper completion of the Work by the Contractor.

Labor or materials which are evidently necessary to produce the desired results, even though not specifically mentioned in the Contract Documents, shall be included in the Work.

2.12 Contract Documents Complementary, etc. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. In case of conflicts between the various Contract Documents, the order of precedence shall be as follows: (1) Addenda, (2) Division 1 - General Requirements of the Specifications; (3) Special Conditions, (4) General Conditions, (5) Technical provisions of the Specifications; (6) Drawings.

2.13 Questions to Architect. In the event a question arises regarding the meaning or intent of the drawings and specifications, the Contractor shall report it at once to the Architect. The Architect shall furnish, with reasonable promptness, additional instructions, by means of drawings or otherwise, necessary for the proper execution of the work, consistent with the requirements of Article 3.

2.14 Paragraph, titles or headings are for convenience only and form no operative part of the Contract.

3. The Architect Unless otherwise directed by the Owner in writing, the Architect shall perform those duties and discharge those responsibilities allocated to the Architect in the Contract Documents. The duties, obligations and responsibilities of the Architect shall include, but are not limited to, the following:

3.1 Owner’s Representative. The Architect will be the Owner’s Agent during construction and until final payment has been made. The Architect will advise and consult with the Owner. In the event the Owner should find it necessary or convenient to replace the Architect, the Owner shall retain a replacement architect and the role of the replacement architect shall be the same as the role of the Architect.

3.2 Communication Through Architect. Except as otherwise provided in the Contract Documents, the Owner’s instructions to the Contractor shall be forwarded through the Architect, and the Contractor’s communications with the Owner shall be through the Architect.

3.3 Review of Work. The Architect shall approve, or respond otherwise as necessary concerning shop drawings or other submittals received from the Contractor. The Architect shall be authorized to refuse to accept work which is defective or otherwise fails to comply with the requirements of the Contract. If the Architect deems it appropriate, the Architect shall be authorized to call for extra inspection or testing of the work for compliance with requirements of the Contract. The Architect shall review the Contractor’s Payment Requests and shall approve in writing those amounts which, in the opinion of the Architect, are properly owing to the Contractor as provided in the Contract. The Architect shall perform those inspections required by the Owner.

The Architect shall have authority to reject Work which does not conform to the Contract Documents. In the event of rejection, the Architect may recommend withholding payment to the Contractor for the rejected Work, and such recommendation shall give the Owner the authority to withhold payment for such Work.

3.4 Interpretation of Contract Documents. The Architect shall be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by the Contractor, subject to the provisions of Article 32. Claims, disputes, and other matters in question that arise relating to the execution or progress of the Work shall be referred initially to the Architect for decision, which (s)he will render in writing within a reasonable time. Either party may appeal the Architect’s decision to the VP of Finance and Administration in accordance with the provision of Article 30.

3.5 Review of Shop Drawings, etc. The Architect shall review and approve, or take other appropriate action upon Contractor’s submittals (such as Shop Drawings, product data, and samples) for conformance with the design concept and the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. The Architect’s approval of Shop Drawings or samples shall not relieve the Contractor from his/her responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has in writing called the Architect’s attention to such deviation at the time of submission and the Architect has given written approval to the specific deviation, nor shall any approval by the Architect relieve the Contractor from responsibility for errors or omissions in the Shop Drawings.

3.6 Preparation of Change Orders. The Architect, in consultation with the Owner, shall prepare Change Orders. The Architect shall also have authority to order minor changes in the Work as provided in Article 22.11.

3.7 Final Inspections, Certification. The Architect shall conduct inspections to determine the dates of Substantial Completion and Final Completion. The Architect shall also receive and forward to the Owner, for the Owner’s review, written warranties and related documents required by the Contract and assembled by the Contractor.

3.8 Payment Requests. The Architect shall review the Contractor’s Payment Requests and shall approve in writing those amounts which, in the opinion of the Architect, are properly owing to the Contractor as provided in the Contract. The Architect’s approval of payment requests shall not relieve the Contractor from his responsibility for any deviations from the requirements of the Contract Documents

3.9 The Architect shall be authorized to require the Contractor to make changes which do not involve a change in the Contract Sum or in the Contract Completion Time for the Contractor’s performance consistent with the intent of the Contract.

3.10 The duties, obligations and responsibilities of the Contractor under the Contract shall in no manner whatsoever be changed, altered, discharged, released, or satisfied by any duty, obligation or responsibility of the Architect. The Contractor is not a third-party beneficiary of any Contract by and between the Owner and the Architect. It is expressly acknowledged and agreed that the duties of Contractor to the Owner are independent of, and are not diminished by, any duties of the Architect to the Owner.

3.11 The duties, obligations and responsibilities of both the Architect and the Contractor, under their respective Contracts, shall in no manner whatsoever be changed, altered, discharged, released, or satisfied by any duty, obligation or responsibility of the Resident Observer. It is expressly acknowledged and agreed that the duties of Contractor and/or Architect to the Owner are independent of, and are not diminished by, any duties of the Resident Observer to the Owner.

4. Conduct

4.1 General The conduct of all personnel performing work or operations related to the work is the responsibility of the Contractor. The consumption of alcohol and/or drugs, and the carrying of firearms on the job by any worker are strictly prohibited. Any workmen apprehended under the influence of alcohol and/or drugs, or carrying firearms, on the premises at any time shall be subject to automatic dismissal by the Contractor. Improper conduct of any kind will not be permitted and may result in the offending workmen, Subcontractor and/or Contractor being barred from the university premises.

4.2 Any interaction with the students, faculty, staff or visitors of EKU shall be professional. Unprofessional conduct including, but not limited to, dress, general harassment, sexual harassment, or using obscenities can and shall be grounds for immediate removal of perpetrator from campus.

4.3 The University reserves the right of acceptance of all personnel assigned by the Offeror under this contract. The personnel must be cordial, well-groomed and cognizant of the fact that they may be entering student living buildings. If for any reason, the University believes that these guidelines are not being followed, it will request intervention from appropriate supervisory personnel. If inappropriate behavior occurs, the University shall be entitled to a change in personnel serving the campus.

4.4 The successful Offeror agrees that it will comply with the university Policy regarding Registered Sex Offenders and shall not knowingly permit any employee who is a registered sex offender to service the University residence halls, Model Laboratory School, the basement of the Burrier Building where the Child Development Center is currently located, or any areas of campus or University’s buildings. The University at any time can ask for personnel background check report to be provided by successful Offeror.

4.5 No University garbage containers shall be used by contractor for disposal of any debris.

4.6 Many Buildings on Campus are open to the public. The Contractor shall ensure that its employees and subcontractors access University property only when necessary and appropriate.

5. Tobacco-Free Campus 5.1The use of all tobacco is prohibited on all property that is owned, leased, occupied, or controlled by the University. This includes buildings and structures, residence halls, housing facilities operated by Employee Housing, grounds, exterior open spaces, parking lots, and garages, on-campus sidewalks, streets, driveways, stadiums, recreational spaces, practice fields, University property outside the main campus such as regional campuses, farm facilities, art galleries, performance venues, and sporting venues and functions that are held in these facilities and venues.

5.2 The use of tobacco is prohibited in vehicles owned, leased or rented by the University, including maintenance Vehicles, automobiles, shuttles, utility vehicles, and golf carts as well as while in personal vehicles on University property.

5.3 Tobacco includes all forms of tobacco including, but not limited to, cigarettes, cigars, pipes, water pipes (hookah), electronic cigarettes, bidis, clove cigarettes and smokeless tobacco products (snuff, chewing tobacco, and dipping tobacco).

Tobacco does not include nicotine replacement therapies such as patches, gum or prescription medication intended to assist an individual in quitting the use of tobacco.

6. Safety

6.1 Safety Data Sheets must be kept at the job site at all times.

6.2 The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Project.

6.3 The Contractor shall take all necessary precautions for the safety of employees on the Work site, and shall comply with all applicable provisions of federal, state, and municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the Work is being performed. The Contractor shall designate a responsible member of his/her organization on the Work site as safety officer whose duty shall be to enforce safety regulations. The name and position of the person so designated shall be reported to the Architect by the Contractor.

6.4 Fire protection must be maintained at job site at all times. Contractors must carry maintained and useable portable fire extinguishers on all work trucks.

6.5 If an emergency occurs affecting the safety of life, or of the work, or of adjoining property, the contractor shall act at his own discretion to prevent such threatening loss or injury without special instruction or authorization from the Owner.

7. Green Purchasing Policy The University is committed to reducing the adverse environmental impact of its purchasing decisions; it is committed to buying goods and services from contractors who share its environmental concern and commitment. The University encourages bidders to include in their responses economical and environmentally friendly products and service options that serve to minimize waste, reduce excess packing and packaging, recycle, reduce, reuse, prevent pollution, and/or offer resource efficiency. It is the University’s goal to maximize environmental responsibility on its campuses.

8. Recycling and Waste Management Policy

8.1 The University recognizes the need to be good stewards for its waste management practices and policies and recognizes the importance of having vendors and/or their subcontractors be cognizant of the same practices and policies. Some jobs may, upon discretion of the university, require a waste and recycling plan, while others may consist of individual considerations for a particular job on means and methods of handling of various discarded material. The University encourages each vendor to be proactive in reviewing all avenues available to them for reducing the waste stream and encourage recycling to the greatest extent possible and practical.

8.2 KRS 45A.520 mandates that every state agency require a minimum recycled content for those materials it purchases. All materials provided for the completion of the Work shall conform with the requirements of 200 KAR 5:330, except as provided for in KRS 45A.510. Construction related materials requiring a minimum recycled content include building insulation, aluminum products, concrete, cement and steel products. For a complete listing of those items requiring minimum recycled content, please refer to 200 KAR 5:330 http://www.lrc.ky.gov/kar/200/005/330.pdf

9. Parking

9.1 Ensure proper parking permits are obtained before commencing work. Under normal circumstances, the contractor will be allowed two vehicles at the work site. All other vehicles will be given permits to park in a Commuter Lot. See Special Conditions for Project-specific parking instructions.

9.2 No leaking vehicles are allowed to park on campus.

9.3 The University reserves the right to remove contractor’s vehicles from university property due to leaking of any fluids and charge contractor for any cleanup.

9.4 No parking on sidewalks or grass.

10. Traffic Control

10.1 Vehicles shall be parked in a manner that will not interfere with any required emergency exit, or the traffic of the campus.

10.2 EKU shall receive 48 hour advanced notice of any deliveries that will affect others on campus.

10.3 Contractor shall not block fire truck access unless approved in advance and only in extreme circumstances. (48 hour advanced notice to owner must be given).

11. Pedestrian and Property Protection

11.1 Provide temporary barricades and other forms of protection to protect EKU's personnel, students and general public from injury due to the Work. These barricades are to be maintained daily and kept in orderly manner. EKU will not provide any barricades. A barricade plan shall be discussed at the preconstruction meeting.

11.2 The Contractor shall continuously maintain adequate protection of all Work from damage and shall protect the Owner’s property from injury or loss arising in connection with this Contract. The Contractor shall make good any such damage, injury, or loss, except such as may be directly due to errors in the Contract Documents or caused by agents or employees of the Owner. (S)He shall adequately protect adjacent property as provided by law and the Contract Documents.

11.3 It is the contractor’s responsibility to protect their work from vandalism.

11.4 Provide protection of the Work and all University property during dust producing operations.

11.5 Damages to any existing Buildings, including the University roads, parking lots, drives, walks, and grass, etc., resulting from the Work or related operations whether caused by the Contractor's personnel, his/her Subcontractors or his/her material suppliers, shall be repaired or replaced, at no additional cost to the University, and to the satisfaction of the Owner.

11.6 Protect all roads and sidewalks from damage by equipment such as cranes or dump trucks when stationed for long periods of time by appropriate methods.

11.7 Contractor shall notify EKU at least three (3) business days prior to the commencement of any excavation. Once EKU approved excavation, contractor shall call 811 before dig.

12. Concrete and Landscaping requirements Refer to concrete (03 3000 & 32 1300) and landscape (32 9300) owner’s project requirements in the Technical Guidelines documents.

13. Hazardous Material-Call Project Manager Immediately if Suspicious

13.1 In the event the Contractor suspects or unexpectedly encounters on the site material reasonably believed to be asbestos, lead, polychlorinated biphenyl (PCB) or other classified hazardous substances/materials which have not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos, lead, polychlorinated biphenyl (PCB), or other classified hazardous substances/materials which have not been rendered harmless. The Work in the affected area shall be resumed in the absence of any classified hazardous substances/materials or when it or they have been rendered harmless.

13.2 The Project Manager shall then contact the proper university officials to take samples, conduct tests and report back to the contractor within a few days.

13.3 If the material is determined to be positive on test, the University will take appropriate action to remove the material before the contractor can continue work in the affected area.

14. Site Conditions

14.1 Construction site development of one acre or more must complete Notice of Intent

(NOI) to Department of Water (DOW), provide Best Management Practice (BMP) & Storm Water Pollution Prevention Plan (SWPPP), inspect & maintain BMP & SWPPP regularly. Refer to EKU MS4 Storm Water Control Requirements for detail from page 50 to 54 of the document on this website:

https://projectadmin.eku.edu/sites/projectadmin.eku.edu/files/chapter_2.pdf

From Kentucky Pollutant Discharge Elimination System (KPDES) permit (KYR10): Pursuant to authority in KRS 224, Contractor submitting NOI to DOW shall have site inspector trained in storm-water construction management such as KEPSC, CEPSC, CPSWQ, TNEPSC, CESSWI or other similar training (Refer KYR100000 article 2.1.7.3).

14.2 No parking on grass or sidewalks.

14.3 The Contractor shall maintain all materials and organize the Work in such a manner as to minimize any inconvenience to persons using or working in the Work site and adjacent areas.

14.4 The Contractor shall restrict his/her operations and movements in areas of the buildings, grounds that are strictly necessary to his/her work.

14.5 Contractor shall assume complete responsibility for disposing of equipment removed from the site during the work. Contractor shall remove, transport, and dispose of all debris. Contractor shall maintain a conveyance adjacent to the work in which debris shall be deposited as it is removed from the work. (S)He shall cause the conveyance to be emptied on a regular basis. Contractor shall not use building elevators for transporting any material or debris unless authorized in the Special Conditions.

14.6 Contractor shall not use owner’s trash cans for disposal of waste.

14.7 EKU assumes no responsibility for actual condition of items, grounds or structures at areas of work. Conditions existing at time of inspection for bidding purposes will be maintained by EKU insofar as practicable. Photograph or videotape existing conditions that might be misconstrued as damage related to contractor’s activity. File with Project Manager prior to start of work.

14.8 No utility services are to be interrupted without the consent of the University.

Contractor shall protect any known utilities against damage during construction.

This includes but not limited to fire, water, gas, communications, and electricity.

15. Facilities Usage

15.1 Owner will determine a use of toilet facilities per contract (See Special Conditions).

If contractor is required to provide temporary toilet facilities, they shall be in quantities necessary to adequately service workers and contractor’s personnel.

Portable toilets on site shall be serviced regularly and used in accordance with good, clean sanitary practice. Contractor shall obtain portable toilets from an established firm regularly providing the same.

15.2 No cleaning of tools, buckets, vehicles etc. in any facilities or on grounds without prior agreement by the University.

15.3 The contractor shall provide communication devices, such as telephones, for use by their employees or subcontractors and shall not be permitted the free use of the existing EKU systems.

15.4 In the event the Owner elects to make available electric power or domestic water, at no cost, to the Contractor for construction purposes, the election to do so will be spelled out in the Special Conditions for this project. Electric power provided by the Owner, shall not be utilized as a means for temporary heat without specific approval from the Owner in writing. Contractor shall furnish all labor and devices required to convey these temporary services from point of connection to point of use desired by Contractor or his/her Subcontractors.

16. Occupancy

16.1 EKU will occupy adjacent buildings at areas of work. Contractor shall conduct work in a manner that will minimize need for disruption of EKU's normal operations.

Contractor shall provide minimum of 48 hours advance notice to EKU of activities that will affect the normal operations of the building and/or area of work.

Coordinate all work with EKU, including daily work schedules and areas of work.

16.2 Any work that may impact the normal operations of the fire alarms system shall be coordinated with EKU personnel with a minimum of a three (3) day notice.

16.3 Protect smoke detectors at all times. Any detector that gets painted, damaged, altered, or defaced will be replaced by a certified fire alarm contractor at no additional cost to the Owner.

17. General Work Hours Work Hours must be agreed upon and discussed prior to bidding and will be noted in the

Special Conditions.

18. Storage and Staging

18.1 Storage and staging areas (if needed) will be as described in the Special Conditions and will be discussed at the preconstruction meeting.

18.2 The contractor is responsible for the security of their materials and equipment.

19. Signs

The Contractor shall not display any sign, trademark, etc. except by the approval of

EKU.

20. Administrative

20.1 If applicable, a preliminary construction meeting will be held at a time and place designated by the Owner, for the purpose of identifying responsibilities of Contractor and Owner. A date will be set at time of bid opening for the meeting.

20.1.1 Topics to be discussed include:

>Construction Schedule >Use of areas of the site >Delivery and storage >Safety >Post clean-up >Submittals >Change orders >Applications for payment >Record documents

20.1.2 Meeting attendees shall include:

>The Owner >The Contractor and its Superintendent (All Must Be Present) >Subcontractor representative (if applicable) >Manufacturer representative

21. Subcontractor

21.1 Contractor Fully Responsible for Subcontractors. The contractor is fully responsible to the Owner for the acts and omissions of his/her Subcontractors and of persons and entities either directly or indirectly employed by them.

Nothing contained in the Contract Documents shall create any contractual relationship between the Owner and a Subcontractor.

21.2 Subcontractors listed on the bid form shall not be changed without written permission from the University.

21.3 Flow-down Requirement. By contract, the Contractor shall require each Subcontractor:

21.3.1 to be bound to the Contractor by the terms of the Contract Documents insofar as they apply to the Work to be performed by the Subcontractor;

and

21.3.2 to assume toward the Contractor all the obligations which the Contractor, by the Contract Documents, assumes toward the Owner.

21.4 All subcontractors are required to follow the same schedule and guidelines outlined by the contract documents. Sub-contractor shall have a minimum of three consecutive years’ of experience in related job.

21.5 Contracts with Subcontractors. The Contractor shall contract with those Subcontractors listed in the Contractors Bid Response and deemed acceptable by the Owner in accordance with the procedure outlined in the Instruction to Bidders. All subcontracts shall afford the Contractor rights against the Subcontractor which correspond to those rights afforded to the Owner against the Contractor herein, including those rights of Contract termination as set forth herein.

21.6 Substitution of Subcontractors. The Contractor shall not contract with any substitute Subcontractor or change a Subcontractor without providing timely written notice of the proposed substitution to the Architect, Project Engineer and Purchasing Officer. The substitution shall not be made if the Owner, Architect, Project Engineer, or Purchasing Officer object in writing to such change.

22. Changes in the Work/Change Orders

22.1 Change Order means a written order to the Contractor executed by the Owner and the Architect after execution of the Contract, directing a change in the Work and may include a change in the Contract Price, or the Contract Completion Time, or any combination thereof.

22.2 Any change in the Contract Sum resulting from a Change Order shall be determined by one of the following methods:

22.2.1 by mutual agreement of a lump sum amount between the Owner and the

Contractor as evidenced by (a) the Change in the Contract Sum being set forth in the Change Order, (b) such change in the Contract Sum, together with any conditions or requirements relating thereto, being initialed by both parties and (c) the Contractor’s execution of the Change Order;

22.2.2 by unit prices stated in the Contract Documents or subsequently agreed upon; or

22.2.3 if no mutual agreement occurs between the Owner and the Contractor, the Change in the Contract Sum, if any, shall be derived by determining the reasonable actual costs or savings achieved resulting from revisions in the Work.

22.3 Items (22.2.1) and (22.3.3) above shall include a component for all overhead, profit, indirect costs or other items not to exceed fifteen percent (15%). Any such costs or savings shall be documented in the format, and with such content and detail as the Owner or the Architect requires. The Contractor shall only receive one fifteen percent (15%) for the “jobsite overhead and profit” component whether such work be done by the Contractor or by his/her Subcontractor.

22.4 For all charges relating to any Change Order, whether determined under subparagraph 22.2.1, 22.2.2 or 22.2.3 above, the following provisions shall apply:

22.4.1 The Contractor shall keep and present in such form as the Architect may direct, a correct account of all items in such form comprising the net cost of such Work, together with vouchers. The determination of the Architect shall be final upon all questions of the amount and cost of Changes in the Work, and it shall include in such cost, the cost to the Contractor of all materials used, of all labor, common and skilled, or foremen, trucks and teams, and the fair rental of all machinery used and for the period of such use. If said Work requires the use of machinery not already upon the work or to be otherwise used upon the Work, then the cost of transportation of such machinery to and from the Work shall be added to the fair rental, but said transportation shall not cover a distance exceeding one hundred

(100) miles.

22.4.2 The Architect shall not include in the net cost of Work any cost or rental or small tools, or any portion of time of the Contractor or his/her Superintendent, or any allowance for the use of capital, or any additional bond premium, insurance cost applicable to the Work or any actual or anticipated profit, or any job or office overhead not previously mentioned, these items being considered as being covered by the added fifteen (15%) percent for the jobsite overhead and profit component.

22.4.3 In all cases where Changes in the Work are covered by unit prices set forth in the Contract, the value of such Work shall be determined only upon the basis of such unit prices.

22.4.4 Pending final determination of value, payments on Changes in Work shall be made only upon the estimate of the Architect.

22.5 If the Contractor claims that any instructions by the Architect involve additional cost and/or time extension, (s)he shall give the Architect written notice thereof within a reasonable time after the receipt of such instructions and before proceeding to execute the change in Work.

22.6 On all Change Orders that exceed $25,000, the Contractor shall submit the following certification:

“I (the Contractor) certify to the best of my knowledge and belief, the cost or pricing data submitted is accurate, complete and current as of the date of the proposed change.”

22.7 If the Owner and Contractor cannot agree on the effect of an ordered change on the adjustment to the Contract Sum or Contract Completion Time, this matter may also be referred to the Architect for determination.

22.8 If the Owner and/or Contractor do not agree with the Architect’s determination regarding the valuation of a change, the related adjustment to the Contract Sum or to the Contract Completion Time, the matter shall be subject to the disputes procedure set out in Article 30.

22.9 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor’s agreement to the ordered changes in the Work, the resulting Contract as thus amended, the Contract Sum and the time for performance by the Contractor. The Contractor, by executing the Change Order, waives and forever releases any claim against the Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order.

22.10 The Contractor shall notify and obtain the consent and approval of the Contractor’s Payment and Performance Bond sureties with reference to all

Change Orders if such notice, consent or approval are required by the Owner, the Architect, the Contractor’s sureties or by law. The Contractor’s execution of the Change Order shall constitute the Contractor’s warranty to the Owner that the sureties have been notified of, and consent to, such Change Order and the sureties shall be conclusively deemed to have been notified of such Change Order and to have expressly consented thereto.

22.11 Minor Changes. The Architect may authorize minor changes in the Work which do not involve additional cost or extension of the Contract Completion Time, and which are not inconsistent with the intent of the Contract Documents. Such changes shall be effected by a Field Order issued by the Architect, which shall be binding on the Owner and Contractor. The Contractor shall carry out such orders promptly. However, if the Contractor claims that a Field Order involves additional cost or a delay to completion of the Work, (s)he shall give the Architect written notice thereof within a reasonable time after receipt of the Field Order.

Otherwise, (s)he shall be deemed to have waived any right to claim an adjustment to the Contract Sum or to the Contract Completion Time.

23. Key Checkout Procedure Keys will be issued upon approval by Capital Construction and Project Administration or

Facilities Services. Unless prior approval is granted, all keys must be signed in and out daily. If prior approval is granted to keep a key for the duration of a project, the key must be returned at the end of the project. Master and series sub-master keys will only be provided if the scope of the project requires the key.

Contractors are responsible for all the expenses created by lost or misused keys.

24. Site Visit All Contractors, before submitting bids, shall visit and examine the site as necessary to satisfy themselves as to the nature and scope of required work, including any and all dimensional measurements, and any difficulties attending the execution of the work as hereinafter specified and as indicated on the drawings. The submission of a bid will be construed as evidence that a visit and examination has been made. Later claims for labor, equipment, or materials required or difficulties encountered which could have been foreseen had such an examination been made, will not be recognized. No consideration will be given to any claim based on lack of knowledge of existing conditions.

25. Measurements Each Contractor shall be responsible for verification of all measurements and dimensions at the site before ordering any materials or doing any work. No extra compensation shall be allowed due to difference in actual dimensions and measured dimensions. NOTE: DO NOT SCALE THE DRAWINGS. EKU will not be responsible for deviations in drawing measurements, even if listed on a drawing provided by EKU.

26 Labor and Materials

26.1 Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supervision, labor, water, tools, equipment, light, power, temporary heat, hoist, supplies, appliances, transportation, and other facilities and things necessary for the execution and completion of the Work. In the event the Owner elects to make available the electric power, at no cost, to the Contractor for construction purposes, it shall not be utilized as a means for temporary heat.

26.2 Contractor Warranty. The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will strictly conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage.

If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

26.3 If an “or equal” is submitted, other than a product specified within these contract documents, the Contractor shall submit general product data at the time of bid opening. These documents will not be accepted at a later date. Not submitting such shall indicate that all items bid are “as specified.”

26.4 Unless otherwise noted in the contract documents, EKU will not furnish any materials, labor, equipment or services to the Contractor for completion of the work.

26.5 Substitution-Materials and Equipment. Substitution of previously approved equipment and materials shall be considered only for the following reasons:

29.5.1 Unavailability of the material or equipment due to the conditions beyond the control of the Contractor;

29.5.2 Inability of the supplier to meet Contract schedule; or

29.5.3 Technical and immaterial noncompliance to specifications.

26.6 Inclusion of a certain make or type of materials or equipment by the Contractor shall not obligate the Owner to accept such material or equipment if it does not meet the requirements of the plans and specifications. Substitutions not properly approved and authorized may be considered defective work. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials and equipment.

26.7 The Owner shall not and will not be responsible for accepting, unloading and/or storing any material delivered to the site.

27. Indemnification The Contractor shall indemnify and hold the Owner harmless from any and all claims, liability, damage, loss, cost and expense of every type whatsoever, regardless of whether such liability, claim, damage, loss, cost or expense is…