SPECIAL TERMS AND CONDITIONS FOR CONSTRUCTION SERVICES 1 DEFINITIONS 1.1 OWNER Wherever the term “Owner” appears in these specifications, it shall mean “The Board of Regents of the University System of Georgia”, or the Owner’s Representative. 1.2 OWNER’S REPRESENTATIVE Wherever the term “Owner’s Representative” appears in these specifications, it shall mean the Director of Facility Planning and Design Services, or designated assignee, Kennesaw State University, 1000 Chastain Road, Kennesaw, Georgia, 30144. Telephone: 770-499-3602; Fax: 770-499-3589. 1.3 ARCHITECT/ENGINEER Wherever the term “Architect” and/or “Engineer” appears in the contract documents it is intended to identify the firm or individual responsible for the design and/or contract administration of the work called for in the contract documents. 2 EXISTING FACILITIES TO BE KEPT IN OPERATION 2.1 INGRESS AND EGRESS 2.1.1 The Contractor is hereby made aware that the Campus will remain open during the construction period and must function appropriately. 2.1.2 All routes of ingress and egress (including sidewalks, corridors, etc.) shall be kept passable and free of debris at all times. 2.1.3 When work is not physically being performed, these areas shall be free of the Contractor’s material, equipment and debris. 3 SAFETY 3.1 The Contractor is responsible for the safety of all contractor personnel, as well as students, and other personnel on the site of the contract operations. 3.2 The Contractor shall use whatever precautions necessary to prevent accidents and shall not permit unauthorized traffic within the area of construction. Access to occupied buildings and occupied spaces must be maintained in a safe manner. SECTION “F” 01-31-11 F-1 SPECIAL TERMS AND CONDITIONS FOR CONSTRUCTION SERVICES 4 5 6 3.3 All work shall be carried out in a safe manner. 3.4 Caution must be taken to protect all parties from hazards arising from his operations. 3.5 All OSHA and Georgia state safety regulations must be complied with. 3.6 Any person requesting after-hours access to University facilities must have a multi-state criminal background check before they are granted access. In the event of an extreme emergency situation, access may be granted under the direct supervision of a KSU employee. GEORGIA STATE PUBLIC EMPLOYEES HAZARDOUS MATERIAL PROTECTION AND RIGHT TO KNOW ACT OF 1988 4.1 All Contractor personnel shall read the MSDS sheet for each product to be utilized by the Contractor’s personnel during the course of this project and certify that he comprehends the information therein contained. The contractor is responsible for safety on the job site. 4.2 The contractor is responsible that the employees have and utilize all required protective clothing, glasses, masks, and hats as well as tools, materials, supplies and equipment to be within compliance of this act. SMOKING IS PROHIBITED ON ALL UNIVERSITY PROPERTIES 5.1 Smoking is prohibited in all campus buildings. Smoking is permitted in outside designated areas only. 5.2 For the purposes of this policy, smoking is defined as burning any type of tobacco product including, but not limited to, cigarettes, cigars, cigarillos and pipes. 5.3 All outdoor smoking areas shall be clearly marked with signs. PROTECTIVE BARRIERS 6.1 The Contractor shall erect and maintain suitable barriers or barricades, as may be required, around construction areas. 6.2 The barriers shall be properly marked, so as to restrict foot and/or vehicle traffic within the work areas. SECTION “F” 01-31-11 F-2 SPECIAL TERMS AND CONDITIONS FOR CONSTRUCTION SERVICES 6.3 7 If exterior barriers are required to protect the work area at night, they shall be equipped with appropriate blinking lights. PRE-CONSTRUCTION MEETINGS Prior to the Notice to Proceed, the Owner’s Representative will conduct a preconstruction meeting with the successful bidder. The Contractor, his superintendent and representatives of his prime subcontractors shall be present at the meeting. The following items will be reviewed at this meeting: 8 9 7.1 Bidding documents and specifications. 7.2 Contractor’s submittals. Contractor shall check all specification sections to determine the extent of submittals required. 7.3 Contractor’s proposed project schedule. SUPERVISION 8.1 All construction shall be performed under the personal and constant supervision of a qualified supervisor experienced in the classes of work required under these specifications. 8.2 The superintendent/supervisor shall be an employee of the Contractor and on the job site at all times work is in progress. 8.3 The name of the superintendent/supervisor will be furnished to the Owner’s Representative at the pre-construction conference before any work begins. QUALITY WORKMANSHIP 9.1 The Contractor shall insure that all work performed shall be executed in the best, most skillful manner by qualified personnel experienced in their respective trades in strict accordance with the plans, specifications and approved shop drawings. 9.2 The Contractor should be able to cite examples and references for his best projects that demonstrate the successful and competent quality of his construction work on three similar projects. SECTION “F” 01-31-11 F-3 SPECIAL TERMS AND CONDITIONS FOR CONSTRUCTION SERVICES 10 WORK SCHEDULE 10.1 Work effecting campus should be coordinated in advance with the office of Facility Planning and Design Services assigned Project Manager. 10.2 After the work commences, the Contractor shall be on the job site, as scheduled, with an appropriate work force and the approved superintendent. 11 INSPECTION OF EXISTING FACILITIES 11.1 INSPECTION PROCEDURE Prior to commencing work, the Contractor shall visit the job site for the purpose of inspecting for existing damage. The Contractor is responsible for reporting this to the Owner’s Representative in writing prior to construction. 11.2 It is agreed that the preparation of this report is for the benefit of the Contractor and is intended to enable him to have the protection afforded by a record of such existing damage as is visually ascertainable. 11.3 The Contractor will not be responsible for the repair of any damage, which shall appear on the above mentioned schedule, nor shall he be responsible for repairing any existing damage, which was not ascertainable by visual inspection or which was not the result of negligence on his part. 12 LANDSCAPE 12.1 Contractor shall restore existing trees, shrubs, grass, sprinklers, sidewalks, etc. to their original condition if disturbed. Grass should be replaced between April 1 and September 1 as follows: Match existing turf with Tifton Tifway ‘419’ Bermuda grass sod or Meyer Zoysia grass sod. (Annual Rye may be used, 400 pounds/acre, only if restoration takes place outside of the above time frame). 13 PROTECTION OF PROPERTY 13.1 The Contractor shall be responsible for any damage to grounds, buildings, utilities and landscaping. Any damage resulting from work by the Contractor to the grounds, buildings, walks, curbs, utilities and roads shall be repaired immediately by the Contractor, at the Contractor's expense. 13.2 In the event of damages, the Contractor shall restore damaged property to a condition equivalent to that at the time of the start of operations. SECTION “F” 01-31-11 F-4 SPECIAL TERMS AND CONDITIONS FOR CONSTRUCTION SERVICES 13.2.1 All repairs shall conform to the original design and detail and shall be approved by the Owner’s Representative. 13.3 The contractor/vendor that fails to return the keys & cards issued may be responsible for KSU re-keying costs. Unless acceptable arrangements are made, such costs may be deducted from payment(s). 14 TRASH DISPOSAL 14.1 All scrap building material and trash shall be disposed of off the Campus at the Contractor’s expense, and as soon as practicable. Cleanup of construction area and disposal area shall be continuous and ongoing during the course of construction. 14.2 Burning of material on the site will not be permitted. 14.3 At the completion of the work, all debris and surplus materials of any character resulting from the work of this contract shall be removed from the site of Kennesaw State University. 15 STORAGE/DELIVERY OF MATERIALS 15.1 No storage facilities are available on the Kennesaw State University Campus. 15.2 No Kennesaw State University employee is authorized to accept contractor materials or equipment delivered to the campus. 15.3 The contractor shall ensure that adequate personnel are on the job site to receive and unload materials consigned to this project. 16 LOCATING UTILITIES 16.1 The Contractor is solely responsible for locating all utilities. The Contractor will be solely responsible for the protection and the repair of any damage to utilities related to the execution of this contract. The Contractor should contact Utility Protection Services (‘Call Before You Dig’) but, Utility Protection Services DOES NOT locate most utilities on campus. Therefore the contractor should make necessary arrangements with a utility location contractor. Disrupted utilities shall be IMMEDIATELY repaired by the Contractor and reinstated to original condition. If the contractor should fail to repair damaged utilities immediately, the owner reserves the right to make the needed repairs and will deduct the cost thereof from the payment, then or thereafter, due the contractor. SECTION “F” 01-31-11 F-5 SPECIAL TERMS AND CONDITIONS FOR CONSTRUCTION SERVICES 17 SANITATION 17.1 The Contractor shall provide and maintain adequate sanitation facilities for his personnel for the duration of this contract. 17.2 Portable toilets, when required, shall be placed in a location approved by the Owner’s Representative. 18 PARKING 18.1 The Contractor’s employees working on campus for more than 4 consecutive days will need to sign up with KSU Parking Operations for paid contractor parking prior to the job start date. Temporary parking passes for Contractors on campus less than 4 days may be obtained from the Welcome Center, at no charge. All campus traffic and parking enforcement policies will apply to this Contract. 19 INSPECTIONS 19.1 All completed work shall be inspected and approved in accordance with the drawings and specifications, by the Owner’s Representative. 19.2 Any work not approved and in variance with above shall be repaired or rebuilt at the Contractor’s expense. 20 JOB CONDITIONS 20.1 Prior to bidding the job, the Contractor shall have: 20.1.1 Visited the job site to verify benchmarks, reference points, dimensions and ascertained all job conditions and logistics. 20.1.2 Inspected job environment for conditions, which would affect the satisfactory execution of the work, and for conditions at variance with drawings and specifications. 20.1.3 Reported any discrepancies to the Owner’s Representative, in writing at least 7 (seven) days prior to bid. 21 GENERAL CONDITIONS 21.1 Article E-51 is not applicable to this project. SECTION “F” 01-31-11 F-6 SPECIAL TERMS AND CONDITIONS FOR CONSTRUCTION SERVICES 22 ACTS AND EXECUTIVE ORDERS 22.1 The contractor, by signing the contract, acknowledges that he is aware of and familiar with the contents and requirements of the following acts and executive orders: 22.1.1 High Voltage Act – Georgia Law 1960, PP. 181-183. 22.1.2 Underground Gas Pipe Law – Georgia Law 1969, PP 50-57. 22.1.3 Williams Steiger Occupational Safety and Health Act of 1970. 22.1.4 The non-discrimination clause contained in Section 202 Executive Order 11246 as amended by Executive Order 11375 relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex, or national origin and the implementing rules and regulations described by the Secretary of Labor are incorporated. 22.1.5 Public Employee Hazardous Chemical Protection and Right to Know Act; O.C.G.A. Sec. 45-22 (1988 H.B. No. 503). 22.1.6 Drug-Free Workplace Act – O.C.G.A. Sec. 50-24 (1990 H. B. no. 9). 22.1.7 EPA Federal Register-National Emission Standards for Hazardous Air Pollutants (NESHAP) 40 CFR PART 61 Revision, dated November 20, 1990. 23 ASBESTOS PRODUCT 23.1 The contractor shall not install any product or material that contains asbestos. If such is specified in error, the contractor shall inform the Owner’s Representative and request a substitute. 24 GUARANTEE 24.1 After the work of this contract has been satisfactorily completed and prior to compensation, the Contractor shall furnish a guarantee and warranty covering all materials and workmanship for a period of one (1) year, (see E-29). All other warranties, guarantees and bonds are still required as called for in construction documents. END OF SECTION SECTION “F” 01-31-11 F-7