Kentucky Abandoned Storage Tank and Orphan Well Reclamation Program (KASTOW)

Vendors Written Questions due by 4:00 PM Eastern Time Email all questions to Kristi.sharp@ky.gov October 13, 2022 These General Conditions of the Contract for Construction - General Contractor have been implemented by the Kentucky Division of Engineering and Contract Administration for the purpose of delineating the provisions of the Contract for Construction when the Commonwealth has entered into a Contact with a General Contractor to accomplish a Capital Construction Project. The Document as a whole outlines the primary obligations and basic expectations for each entity involved in the Project. These General Conditions apply to each section of the specifications and to the Contract Documents as a whole and are binding upon the Contractor and all Subcontractors as each are subject to the provisions contained herein. These General Conditions are intended to define and establish certain definitions, procedures, rules and provisions of the Contract governing the operation so that the Work may be continued and be completed in an orderly, expeditious and workmanlike manner. These General Conditions, together with the specifications and Contract Documents, shall further establish the standards of material and workmanship for the Work. Specific Project requirements may alter the provisions indicated herein where strict adherence to the provisions of this document are not warranted or applicable. The Special Conditions and Supplemental Conditions contained in the Contract Documents, if present, modify and take precedence over the provisions of these General Conditions for this specific Project. These General Conditions are based on and are consistent with the specific Kentucky Revised Statues passed by the Kentucky Legislature and signed into effect by the Governor; specific Kentucky Administrative Regulations promulgated by State Agencies to enhance and clarify procedures that are authorized by a specific statute; specific Finance Cabinet Administrative Regulations; and the DECA Procedures Manual. Wherever 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 Addenda Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. An Addendum supersedes related provisions of the Contract Documents which are clarified, corrected or changed by the addenda. '1.2 Agency or Using Agency, defined by KRS 45a.030, and is the state government entity which utilizes the Work being contracted. The Agency is a "client" of the Owner and advises the Owner of the needs, requirements and desires of the Agency related to the project. The Owner consults with the Agency on matters related to the Project. The Agency does not possess the legal authority of the Owner (see KRS 45a.045). '1.3 Architect, Engineer or Consultant (A-E) is the person or entity, either a registered Architect, Registered Engineer, or Consultant, who is identified as such in the Contract Documents and on the drawings or any replacement Registered Architect, Registered Engineer, or consultant identified by the Owner. The A-E is a separate contractor and not an agent of the Owner. The term includes any associates or consultants employed by the A-E to assist in providing the required professional services to the Owner. '1.4 Certification of Payment is the Owner's Progress Payment Forms, DOA-24 and DOA-25. All Payments made to the Contractor under this contract shall be on the appropriate Owner's Progress Payment Form. '1.5 Change Order means a written order to the Contractor executed by the Owner and the A-E after execution of the Contract, directing a change in the Work and may include a change in the Contract Price or the Contract Time, or any combination thereof. There shall be no authorized changes in the Work, which affect either Contract Price or Contract Time, without a fully executed Change Order, except as provided elsewhere herein. '1.6 Contract is the legal relationship, duties and obligations between the Owner and Contractor as evidenced by the Contract Documents for the Project. '1.7 Contract 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, including any adjustments thereto, all as established in the Contract between Owner and Contractor '1.8 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 14, and (2) Field Orders for minor changes in the work issued by the A-E as provided in Article 14. Documents not included or expressly contemplated in this Paragraph, 1.8, do not, and shall not, form any part of the Contract between the Owner and the Contractor. '1.9 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. '1.10 Contractor or General Contractor means the person or entity with whom the Owner has executed the Contract for construction. The Contractor may also be referred to as General Contractor. The Contractor shall hold his subcontractors, suppliers and others under his employ or contract to the terms and conditions of the Contract Documents. '1.11 Damages for untimely performance means a calculated monetary amount to be paid to the Owner, based on real costs which the Commonwealth incurs, due to the Contractor's failure to complete the Work within the allowable time identified in the Contract Documents. This term may also be referred to as "Liquidated Damages" where the actual cost of damages for untimely performance cannot be readily calculated and a definite sum is predetermined to be paid to the Owner. The amount of Liquidated Damages shall be defined in the Special Conditions of this Project. '1.12 Date of Commencement is the date specified in the Contract as the date upon which the Contractor is authorized to begin work. The Contract Time as set forth in paragraph 1.7 is determined using this Date of Commencement as the starting date. '1.13 DECA Project Manager means the person(s) delegated authority to act on behalf of the Owner. Such person(s) is employed by the Owner, DECA's Project Manager(s) will be designated at the Pre Construction Meeting. DECA reserves the right to change its designated Project Manager(s) at any stage of the Work, for the sole purpose or benefit of the Commonwealth. '1.14 Delay means an event that causes an increase in the duration of the Project, or that changes the sequence of the Work or individual Work activities, thereby preventing completion of the Project within the time period specified in the Contract Documents. An event that does not cause an increase in the duration of the Project or prevents the completion of the Project within the time period specified in the Contract Documents, such as an event that is not on the critical path of the project schedule, is not a delay under this Contract. '1.15 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." '1.16 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. Where it is obvious that a drawing illustrates only a part of the given work or of a number of items, the remainder shall be deemed repetitious and so construed. '1.17 Document Collaboration is the Owner's web-based document collaboration system that shall be used by all project participants for the submission, transmittal, transfer, review, approval, processing of all documents related to this project. Where the General Conditions, the technical specifications, or the Contract for Construction indicates that a submission of documents is required, this submission shall be through the Owner's Document Collaboration System. '1.18 Extra Work as used in Article 14 is defined as Work not part of the existing Contract Documents which is being added to the Contract by a fully executed Change Order. '1.19 A Field Order is a written order issued by the A-E which clarifies or interprets the Contract Documents, or orders minor changes in the Work which does not require a change under Article 14. Field Orders are issued to the Contractor through the Owner's Document Collaboration System. Field Orders are also called A-E's Supplemental Instructions (ASIs). '1.20 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.

Division 02 -	Existing Conditions, Subsurface Investigation.
Division 03 -	Concrete, Concrete Reinforcing, Cast-in-Place Concrete.
Division 04 -	Masonry.
Division 05 -	Metals, Structural Metal Framing, Metal Decking.
Division 06 -	Wood, Plastics, and Composites.
Division 07 -	Thermal and Moisture Protection.
Division 08 -	Openings.
Division 09 -	Finishes.
Division 10 -	Specialties, Signage, Toilet, Bath, and Laundry Accessories, Fire Protection Specialties, Fire Extinguishers, Storage Specialties.
Division 11 -	Equipment.
Division 12 -	Furnishings.
Division 14 -	Conveying Equipment, Scaffolding.
Division 21 -	Fire Suppression.
Division 22 -	Plumbing.
Division 23 -	Heating, Ventilating, and Air Conditioning (HVAC), Facility Fuel Piping, Facility Fuel-Storage Tanks.
Division 26 -	Electrical.
Division 27 -	Communications, Data Communications, Voice Communications, Audio-Video Systems.
Division 28 -	Electronic Safety and Security.
Division 31 -	Earthwork, Clearing and Grubbing, Grading.
Division 32 -	Exterior Improvements, Fences and Gates, Turf and Grasses.
Division 33 -	Utilities, Common Work Results for Utilities, Water Utility Distribution Equipment, Water Utility Pumping Stations, Wastewater Utility Pumping Stations, Sanitary Utility Sewerage Force Mains, Storm Drainage Utilities.
Division 40 -	Process Integration, Water Process Piping.
Division 45 -	Industry-Specific Manufacturing Equipment.
Division 46 -	Water and Wastewater Equipment.