HomeMy WebLinkAboutEmergency Generator Installations
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Augusta Richmond GA
DOCUMENT NAME: ~~ ~.J'e~o:\o~ \\\S-\-o.\ \Q-nif)~
DOCUMENT TYPE: G~()ct
YEAR: 08
BOX NUMBER: \ 5
FILE NUMBER: \ ~ L\i
NUMBER OF PAGES: r~G\
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CONTRACT DOCUMENTS
FOR
EMERGENCY GENERA TOR INSTALLATIONS
LOCA TED A T VARIOUS
PUMPING STATION SITES
FOR
THE AUGUSTA UTILITIES DEPARTMENT
AUGUSTA - RICHMOND COUNTY GEORGIA
PREPARED BY
I:I.:{.U'U"~' ..]:1-1 [e:)~1
~iJS
[lI{.]il!1-1'U ';.'il!U..~
1201 BROAD STREET, SUITE lA
AUGUSTA, GEORGIA 30901
FEB 07 2002
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~) NOnCEOFAWARD
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DATE: 01125/2002
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CONTRACTOR:
Hebbard Electric, Inc.
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ADDRESS: 3338 Commerce Drive
Augusta
City
GA
Stale
30907
liD Colle
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EllI~..geIlCY Standby Generator
PROJECT NO: 30200
PROJECT:
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At a meeting of the AUQusta Commission
you were awarded tho Contract for the following Project:
held on (Date)
12/18/2001
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Emergency groundwater standby generator Installations at various pumping station sites
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Enclosed please find
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copies of the Contract Documents for your 'execution, Pleas.e complete the
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pages, affixing signatures, dates. notary and/or r.orporate seals, ale, where necessary and return to this. office within
10 days from the dale oflhis leller. excluding Sundays and Legal Holidays,
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The Certificate of Insurance mll!;l hA complete,
Power of Attorney must be submitted in triplicate: an original and two copies is permissible,
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Very truly yours.
Augusta Program Management Team
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'HfBP~RQ'OI. 01 25 NOA')0200
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SECTION
IB
P
BB
AG
PFB
PB
COA
NA
NP
co
GC
SC
INDEX TO SPECIFICATIONS
TITLE
PAGES
IB-1 thru IB-4
Information for Bidders
P-1 thru P-3
Proposal
Bid Bond
Agreement
Performance Bond
Payment Bond
Certificate of Owner
Attorney
Notice of Award
Notice to Proceed
Form of Change Order
General Conditions
BB-1 thru BB-2
AG-1 thru AG-4
PFB-1 thru PFB-3
PB-1 thru PB-3
COA-1
NA-1 thru NA-2
NP-1
CO-1
1 thru 73
Supplemental Conditions
SC-1 thru SC-5
Technical Specifications
SECTION
03100
16000
16001
16002
16003
16004
16005
16006
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16007
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16008
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TITLE
Concrete Work
General
Conduit
Conductors
Engine Generator
System
Automatic Transfer
Switches
Engine Generator
Trailer & Housing
Pull Boxes, Junction
Boxes & Fittings
Relocating Motors &
Switchgear
Grounding
PAGES
03100-1 thru 03100-6
16000-1 thru 16000-8
16001-1 thru 16001-3
16002-1 thru 16002-2
16003-1 thru 16003-2
16004-1 thru 16004-6
16005-1 thru 1q005-4
16006-1
16007-1 thru 16007-2
16008-1
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SECTION IB
INSTRUCTION TO BIDDERS
IB-01
GENERAL
All proposals must be presented in a sealed envelope, addressed to
the Owner. The proposal must be filed with the Owner on or before
the time stated in the invitation for bids. Mailed proposals will
be treated in every respect as though filed in person and will be
subject to the same requirements.
Proposals received subsequent to the time stated will be returned
unopened. Prior to the time stated any proposal may be withdrawn
~t the discretion of the bidder, but no proposal may be withdrawn
for a per iod of sixty (60) days after bids have been opened,
pending the execution of contract with the successful bidder.
IB-02
EXAMINATION OF WORK
Each bidder shall, by careful examination, satisfy himself as to
the nature and location of the work, the conformation of the
ground, the character, quali ty and quanti ty of the facilities
needed preliminary to and during the prosecution of the work, the
general and local conditions, and all other matters which can in
any way affect the work or the cost thereof under the contract. No
oral agreement or conversation with any officer, agent, or employee
of the Owner, either before or after the execution of the contract,
shall affect or modify any of the terms or obligations therein.
IB-03
ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of plans, specifications or other
pre-bid documents will be made to any bidder orally.
Every request for such interpretation should be in
writing addressed to the Director of Purchasing; Purchasing
Department; Room 605; City-County Municipal Building; Augusta, GA
30911 and to be given consideration must be received at least ten
days prior to the date fixed for the opening of bids. Any and all
such interpretations and any supplemental instructions will be in
the form of written addenda to the specifications which, if issued,
will be sent by certified mail with return receipt requested to all
prospective bidders (at the respective addresses furnished for such
purposes), not later than seven days prior to the date fixed for
the opening of bids. Failure of any bidder to receive any such
addendum or interpretation shall not relieve such bidder from any
obligation under his bid as submitted. All addenda so issued shall
become part of the Contract Documents.
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IB-04
PREPARATION OF BIDS
Bids shall be submitted on the forms provided and must be signed by
the bidder or his authorized representative. Any corrections to
entries made on bid forms should be initialed by the person signing
the bid.
Bidders must quote on all items appearing on the bid forms, unless
specific directions in the advertisement, on the bid form, or in
the special specifications allow for partial bids. Failure to
quote on all items may disqualify the bid. When quotations on all
i terns are' not required, bidders shall insert the words "no bid"
where appropriate.
Alternative bids will not be considered unless specifically called
for.
Telegraphic bids will not be considered. Modifications to bids
already submitted will be allowed if submitted by telegraph prior
to the time fixed in the Invitation for Bids. Modifications shall
be submitted as such, and shall not reveal the total amount of
either the original or revised bids.
Bids by wholly owned proprietorships or partnerships will be signed
by all owners. Bids of corporations will be signed by an officer
of the firm and his signature attested by the secretary thereof who
will affix the corporate seal to the proposal.
NOTE: A 10% Bid Bond is required in all cases.
IB-05 BASIS OF AWARD
The bids will be compared on the basis of unit prices, as extended,
which will include and cover the furnishing of all material and the
performance of all labor requisite or proper, and completing of all
the work called for under the accompanying contract, and in the
manner set forth and described in the specifications.
Where estimated quantities are included in certain items of the
proposal, they are for the purpose of comparing bids. While they'
are believed to be close approximations, they are not guaranteed.
It is the responsibility of the Contractor to check all items of
construction. In case of error in extension of prices in a
proposal, unit bid prices shall govern.
IB-06
BIDDER'S QUALIFICATIONS
No proposal will be received from any bidder unless he can present
satisfactory evidence that he is skilled in work of a similar
nature to that covered by the contract and has sufficient assets to
meet all obligations to be incurred in carrying out the work. He
shall submit with his proposal, sealed in a separate envelope, a
IB-2
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FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable
information as to working capital available, plant equipment, and
his experience and general qualifications. The Owner may make such
investigations as are deemed necessary to determine the ability of
the bidder to perform the work and the bidder shall furnish to him
all such additional information and data for this purpose as may be
requested. The Owner reserves the right to reject any bid if the
evidence submitted by the bidder or investigation of him fails to
satisfy the Owner that such bidder is properly qualified to carry
out the obligations of the contract and to complete the work
contemplated therein. Part of the evidence required above shall
consist of a list of the names and addresses of not less than five
(5) firms or corporations for which the bidder has done similar
work.
IB-07
PERFORMANCE BOND
At the time of entering into the contract, the Contractor shall
give bond to the Owner for the use of the Owner and all persons
doing work or furnishing skill, tools, machinery or materials under
or for the purpose of such contract, conditional for the payment as
they become due, of all just claims for such work, tools,
machinery, skill and terms, for saving the Owner harmless from all
cost and charges that may accrue on account of the doing of the
work specified, and for compliance with the laws pertaining
thereto. Said bond shall be for the amount of the contract
satis~a~tory to the Owner and authorized by law to do business in
the State of Georgia.
Attorneys-in-fact who sign bonds must file with each copy thereof
a certified and effectively dated copy of the power of attorney.
IB-08
REJECTION OF BIDS
These proposals are asked for in good faith, and awards will be
made as soon as practicable, provided satisfactory bids are
received. The right is reserved, however to waive any
informalities in bidding, to reject any and all proposals, or to
accept a bid other than the lowest submitted if such action is
deemed to be in the best interest of the Owner.
MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT
It is the intent of the
increase the involvement
disadvantaged businesses
Government.
Augusta-Richmond County Commission to
of qualified minority and economically
in the contracted work of County
In an effort to support this intention, this project is offered to
all qualified firms. The bids will be evaluated based on
qualifications, price and construction time. 'With all other items
being considered equal, the contract, if awarded will be awarded to
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a minority and economically disadvantaged firm or a firm that has
included such firms as subcontractors on this project.
The bidders shall include with their bid a statement of
qualification for themselves and/or any qualified subcontractors
explaining why they should be considered a minority or economically
disadvantaged firm. If the firm does not fall into this category,
no information is necessary.
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.....,
PROPOSAL
FOR
EMERGENCY GENERATOR INSTALLATIONS, LOCATED AT VARIOUS
PUMPING STATION SITES
Augusta-Richmond County Co~~ission-Council
Municipal Building
Augusta, Georgia 30911
Gentlemen:
", .~: :..: .. -: . ,. .
The undersigned, as bidder, here"in referred to as singular :,a~c:r:.
masculine, declares as follows:
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1. The onlyp~rtiei interested in the pr9Posal as principals are
named herein;'
2., He has carefully examined and fully understands the Contract
Do'cuments, including the drawings and technicai
specifications;
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3:' .' ,He understands that informatiop,. relative to existing
structures, and underg~ound titilities as 'furnish~d,to him on J
the drawings,~he Contract Document~ or by the City En~ineer,
'. . "'Ca:r;.ries no 'gJJar'antee ,. express,ed,' 'or implied," as" 'to' ' its
." co.rnpl'eteness' 'or-' accuracy and he '.has', made due' allowances
therefore; ,
4. He has ',m~de 'a" personal examination of the site of the proposed
work and ,has" satisfied himself as to the actual condi'tions and
requirements of the work.
,'and hereby- propose's" and agrees ,that-, if the,Propos,al ,isac'cepted,
he will contract with A~gusta-Richmorid County, to furnish all
machinery, tools, apparatus and other means 'of construction and to
'Qo.al~ work and furnish all materials called.for in accordance with
~~e'req~irements of the ~ity Engine~i ~ndthe true intent of the
Contract'; Documents and tha,t he will' take' in payment lump sum price
as stated for the Base Bid. '
COST BREAKDOWN
ITEH NO. 1, 2, 3 TREATMENT PLANT NO. 1 79,295.00
ITEM NO. 4 TREATMENT PLANT NO. 2 95,415.00
ITEM NO. S FAIRCREST BOOSTER STF.TION ' 69,635.,00
ITEM NO. 6 RICHNOND HILL BOOSTER STF.TION '47,615.00
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ITEM NO. 11
PROVIDE 200amp RECEPTACLE AT
SIX (6) LOCATIONS
12;275.00
ITEM NO.- 7
59,155.00
GOLDEN CAMP BOOSTER STATION
ITEM NO. 8
MODIFY NORTON ROAD SITE 17,.
PINE HILL SITE 20, AND BRONN
ROAD SITE 22 TO RECEIVE
28,345.00
ITEM NO. 10
PROVIDE ENGINE GENE~.TOR
TR.Z\ILER I__ND HOUSIN,G
PORTABLE GENERATOR
20,565.00
The _contract covering the construction of all 'vlork described in the
Contract Documehts ,will,be completed within 270 consecutive
calendar days from th~ date specified in ,the "Notice to Proceed" to
the City Engineer' for: . . " .'; . .. ....:.,
.. 0" ".
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Four hundred twelve thousand, three hundred and no/100
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Dollars
($ 4'12,'300.00
. .,"
Subject to reductions, additions and deletions provided herein pn',
the basis of measured quantities of completed work and the prices'
bid. Bidder further agrees to pay as liquidated damages the ,sum of
$2.50.00 for, each consecut~ vecalendar day thereafter as hereinafter
.. pr~vided in Paragraph 15 o~.the General Conditions.
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It ,ls..y.nderstooa. that .t.he.Clty reserves :t!he n...ght to rej'ect an'y.,and
all' proposals'.or to"acceptl'any pro"posaJ,. a5 de'em'ed'to be to the best
interest of the' Owner.
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It is also under9tood that the following qddenda as issued during
the bid period shall be included as part of the Contract Documents:
Addendum
Date
'. November' 21~'2001
#1 '
#2
November ,21,2001
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The undersigned bidder understands and agrees that should the Owner
accept this proposal, the bidder will within ten (10) days from the
date of notification of acceptance of his proposal, execute the
contract and furnish the Owner with satisfactory performance and
payment bond in the amount equal to one hundred percent (100%) of
the total base bid sum. Enclosed ,herewith is a Bid Bond .or
Certified Check in the amount of forty-one thousand, two hundred
thirty & nO/~llars ($ 41,230.00 ) being
not less than ten (10%) percent of the total base bid sum.
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Should the bidder fail to execute the Contract and furnish the
Performance and Payment Bond in case this proposal is accepted, the
Owner shall have the right to receive the amount of the bid
securi ty be cashed by the Owner and the amount received shall
become the property of the Owner. If the security is a Bid Bond,
the value thereof shall be paid to the City by the Surety.
The undersigned by submi ttal of this proposal, agrees that the
above stated amount is the proper measure of liquidated damages
which the Owner will sustain by the failure of the undersigned to
execute the Contract and furnish the Performance and Payment Bond.
The successful bidder shall have a current Business License.
The Owner is an equal Opportunity Employer.
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Signa re & Tit e of .
Authorized Representative
3JJtF U/)1~"a/iH
Business Address
City ~~~e M Jofo~
Date:
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BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we the undersigned
as Principal and
as Surety, are
hereby held and firmly bound unto the Augusta-Richmond County
Commission-Council, Georgia as Owner in the penal sum of
for the payment of which, well and
truly made, we hereby jointly and severally bind ourselves,
ourheirs, executive administrators successors and assigns.
Signed, this
day of
,2001.
The condition of the above obligation is such that whereas the
Principal has submitted to Augusta-Richmond County Commission-
Council, Georgia a certain Bid, attached hereto and hereby made a
part hereof to enter into a contract in writing for the "Emergency
Generator Installations at Various Pumping Station Sites."
NOW THEREFORE,
(a) If said BID shall be rejected or in the alternate,
(b) If said BID shall be accepted and the Principal shall
execute and deliver a contract in the Form of Contract
attached hereto (properly completed in accordance with
said bid) and shall furnish a bond for his fai thful
performance of said contract and for the payment of all
persons performing labor or furnishing materials in
connection therewith and shall in all other respects
perform the agreement created by the acceptance of said
bid,
Then the obligation shall be void, otherwise the same shall
remain in force and effect; it being expressly understood and
agreed that the liability of the surety for any and all claims
hereunder shall, in no event, exceed the penal amount of this
obligation as herein stated.
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The Surety, for value received, hereby stipulates and agrees
that the obligations of said Surety and its bond shall be in no way
impaired or affected by any extension of time within which the
Owner may accept such Bid; and said Surety does hereby waive notice
of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto
set their hands and seals and such of them as are corporations have
caused their corporate seals to be hereto affixed and these
presents to be signed by their proper officers, the day and year
first set forth above.
(L.S. )
Principal
Surety
By:
ATTORNEY IN FACT
Seal:
BB - 2
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AGREEMENT
THIS AGREEMENT, made on the -3L day of f~;?t(~ '
2001, by and between AUGUSTA, GEORGIA, BY AND THROUGH THE A USTA-
RICHMOND COUNTY COMMISSION,~arty of the first part, hereinafter
called the OWNER, and JhA M Mc'Cr/r~ ~. '
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the
considerations hereinafter named, agree as follows:
ARTICLE I - SCOPE OF THE WORK
The Contractor hereby agrees to furnish all of the
materials and all of the equipment and labor necessary, and to
perform all of the work shown on the plans and described in the
specifications for the project entitled: ~Emergency Generator
Installation Located at Various Pumping Station Sites" and in
accordance with the requirements and provisions of the Contract
Documents as defined in the General and Supplementary Conditions
hereto attached, which are hereby made a part of this agreement.
ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES
The work to be performed under this Contract shall be
commenced within 10 calendar days after the date of written
notice by the Owner to the Contractor to proceed. All work shall
be completed within 270 calendar days with all such extensions of
time as are provided for in the General Conditions.
It is hereby understood and mutually agreed, by and
between the Contractor and the Owner, that the date of beginning,
rate of progress and the time for completion of the work to be done
hereunder are ESSENTIAL CONDITIONS of this contract. Contractor
agrees that said work shall be prosecuted regularly, diligently,
and uninterruptedly at such rate of progress as will ensure full
completion thereof wi thin the time specified. It is expressly
understood and agreed by and between the Contractor and the Owner,
that the time for completion of the work described herein is a
reasonable time for completion of the same, taking into
consideration the average climatic range and construction
conditions prevailing in this locality.
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO
COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the
Contractor does hereby agree, as a part of the consideration for
the awarding of this contract, to pay the Owner the sum of
Two Hundred Fiftv ($ 250.00)Dollars, not as a penalty, but as
liquidated damages for such breach of contract as hereinafter set
forth, for each and every calendar day that the Contractor shall be
in default after the time stipulated in the Contract for completing
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the work.
The said amount is fixed and agreed upon by and between
the Contractor and the Owner because of the impracticability and
extreme difficulty of fixing and ascertaining the actual damages
the Owner would, in such event, sustain, and said amounts shall be
retained from time to time by the Owner from current periodical
estimates.
It lS further agreed that time is of the essence of each
and every portion of this Contract and the specifications wherein
a definite portion and certain length of time is fixed for the
additional time is allowed for the completion of any work, the new
time limit fixed by extension shall be the essence of this
contract.
ARTICLE III - PAYMENT
(A) The Contract Sum
The Owner shall pay to the contractor for the performance
of the Contract the amount as stated in the Proposal and Schedule
of Items. No variations shall be made in the amount except as set
forth in the specifications attached hereto.
(B) Proqress Payment
On no later than the fifth day of every month, the
Contractor shall submit to the Owner's Engineer an estimate
covering the percentage of the total amount of the Contract which
has been completed from the start of the job up to and including
the last working day of the preceding month, together with such
supporting evidence as may be required by the Owner and/or the
Engineer. This estimate shall include only the quantities in place
and at the unit prices as set forth in the Bid Schedule.
On the vendor run following approval of the invoice for
payment, the Owner shall after deducting previous payments made,
pay to the Contractor 90% of the amount of the estimate on units
accepted in place. The 10% retained percentage may be held by the
Owner until the final completion and acceptance of all work under
the Contract.
ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
(A) Upon receipt of wr;Ltten notice that the work is
ready for final inspection and acceptance, the
Engineer shall within 10 days make such inspection,
and when he finds the work acceptable under the
Contract and the Contract fully performed, he will
promptly issue a final certificate, over his own
signature, stating that the work required by this
Contract has been completed and is accepted by him
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under the terms and condi tions thereof, and the
entire balance found to be due the Contractor,
including the retained percentage, shall be paid to
the Contractor by the Owner within 15 days after
the date of said final certificate.
(B) Before final payment is due, the Contractor shall
submit evidence satisfactory to the Engineer that all payrolls,
material bills, and other indebtedness connected with work have
been paid, except that in case of disputed indebtedness of liens of
evidence of payment of all such disputed amounts when adjudicated
in cases where such payment has not already been guaranteed by
surety bond.
(C) The making and acceptance of the final payment shall
constitute a waiver of all claims by the Owner, other than those
arising from unsettled liens, from faulty work appearing within 12
months after final payment, from requirements of the
specifications, or from manufacturer's guarantees. It shall also
constitute a waiver of all claims by the Contractor except those
previously made and still unsettled.
(D) If after the work has been substantially completed,
full completion thereof is materially delayed through no fault of
the Contractor, and the Engineer, so certifies, the Owner shall
upon certification of the Engineer, and without terminating the
Contract, make payment of the balance due for that portion of the
work fully completed and accepted.
Each payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a
waiver of claims.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement in three (3) counterparts, each of which shall be deemed
an original,_~~~~e year and day first mentioned above.
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, AUGU~E~G
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'lflY As its Mayor
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By:
AG-3
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ATTEST:
~tf~
secre~y
.f)t2/7/7d ~
witness
AG-4
As its Pre5"1t:/t311-
Address: 3:JJr? LClf.lll&rL 4//<
~CVt(~,1N JOfdy
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PERFORMANCE BOND
SE 6568
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NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform sail
Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
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The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
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Whenever Contractor shall be, and declared by Owner to be
in default under the Contract, the Owner having performed
Owner's obligations thereunder, the Surety may promptly remedy
the default, or shall promptly
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1) Complete the Contract in accordance with its terms and
conditions, or
2) OQ,{ain a bid or bids' for completing the COl}.traft in accordance
'I with its terms and condition~, and upon determiilation b)" SuretY
of the lowest responsible bidder, or, if the Owner elects, upon
determination by the Owner and the Surety jointly of the lowest
I responsible bidder, arrange for a contract between such bidder
and Owner, and make available as Work progresses (even though
there should be a default or a succession of defaults under the
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I Signed and sealed this
6th
day of
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IJ;/Zl A1~
(Witness)
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(Witness)
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cis by GA resident agent
I 1?~ ~/l;J: 1.0" ~.I..... -<:.k (J--tA./l ~ J
I S-1219/GEEF 10199
Page 2 of 2
contract or contracts of completion arranged under this paragraph~
sufficient funds to pay the cost of completion less the balance 0
the contract price; but not exceeding, including other costs and
damages for which the Surety may be liable hereunder, the
amount set forth in the first paragraph hereof. The term "balance
of the contract price," as used in this paragraph, shall mean the
total amount payable by Owner to Contractor under the ContraCt
and any amendments thereto, less the amount properly paid by
Owner to Contractor.
4, .
Any suit under ~is bsmd must be instit\Jted, "before tke.
eXpiration of two (2) years from the date on which final paymen'
under the Contract falls due.
No right of action shall accrue on this bond to or for the USl
of any person or corporation other than the Owner named herein
or the heirs, executors, administrators or successors of the Owner,
February
2002
{
Hebbard Electric, Inc" 3338 Commerce Drive, Augusta,
Georgia 30909
(Seal)
(Principal:,
.~~
(Title:'
United States Fidelity and Guaranty Company
{t;"", ~
Buck Leigh, At~'Fact
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(~ure(y'
(Title;
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Bond No.
SE 6568
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PERFORMANCE BOND
Conforms with The American Institute of Architects
A.l.A. document No. A.311
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KNOW ALL BY THESE PRESENTS: that Hebbard Electric, Inc., 3338 Commerce Drive, Augusta, Georgia 30909
(Here insert full name and address or legal title 01 Contractor)
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as Principal, hereinafter called Contractor, and, United States Fidelity and Guaranty Company, PO Box 1138, Baltimore, Marylano 21203
(Here insert full name and address or legal tiUe 01 Surely)
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as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission, 530 Greene St., Municipal
Building, Augusta, Georgia 30911 (Here insert full name and address or legal tiUe 01 Owner)
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as .Obligee, hereinafter called Owner, in'the amount of Four Hundred Twelve Thousand Three Hundred and no/100s - - - - -'- - - - - - - - - : c, ,- - - - - - -
... - .. .. .. .. .. .. .. ... .. .. ... .. .. .. .. .. .:.. .. .. ... ... .. .. .. .. .. .. ... .. .. .. .. .. .. ... .. .. .. .. .. .. .. .~ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... Dollars ($ $412)300.00 . .. r.
.
.
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
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WHEREAS,
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Contractor has by written agreement dated
December 31
2001 , entered into a contract
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with Owner for Emergency Generator Installations at Various Pumping Station Sites
(Here insert full name, address and description of project)
, t
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in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal tiUe of Architect)
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which contract is by reference made a part hereof, and is hereinafter referred to as the
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I S,1219/GEEF 10/99
Page 1 of 2
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SE 6568
LABOR AND MATERIAL PAYMENT BOND
"
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NOW, THEREFORE. THE CONDITION OF THIS OBLIGATION is such that, if Principal shail promptly make payment to all claimants as hereinafte
defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise i
shall remain in full force and effect, subject, however, to the following conditions:
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1. A claimant is defined as one having a direct contract with the
Principal or with a Subcontractor of the Principal for labor, material, or
both, used or reasonably required for use in the perfomlance of the
Contract, labor and material being construed to include that part of
water, gas, power, light, heat, oil, gasoline, telephone service or rental
of equipment directly applicable to the Contract.
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2, The above named Principal and Surety hereby jointly and
severally agree with the Owner that every claimant as herein defined.
who has not been paid in full before the expiration of a period of ninety
(90) days after the date .on which the last of s~ch c1aimarn's work or
labor ~as done or performoo-jo. er ,materials were furnished, by -such
claimant, may- sue on, this 'bond 'for the use of such claimant, prosecute
the suit to final judgment for such sum or sums as may be justly due
claimant, and have execution thereon. The Owner shall not be liable for
the payment of any costs or expenses of any such suit.
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3. No suit or action shall be commenced hereunder by any
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a) Unless claimant, other than one having a direct contract with the
Principal, shall have given written notice to any two of the following: the
Principal, the Owner, or the Surety above named, within ninety (90) days
after such claimant did or performed the last of the work or labor, or
flltnisqed the las~ of the materials for whicH said claim is made, stating
with substantial, accuracy the' amount claimed and the name of the party
to whom the materials
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I Signed and sealed this 6th day of
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tI tl
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(Witness)
(Witness)
Page 2 of 2
were furnished, or for whom the work or labor was done or performed
Such notice shall be served by mailing the same by registered mail 01
certified mail, postage prepaid, in an envelope addressed to the Principal
Owner or Surety, at any place where an office is regularly maintained I' OJ
the transaction of business, or served in any manner in which legal proces~
may be served in the state in which the aforesaid project is located, saVl
that such service need not be made by a public officer.
b) After the expiration of one (1) year following the date on which
Principal cease~ Work on said Contract, it being. understood. however.
that if any limitation ~mbodied in this bond, is prohibited 'by any' la\\
controlling th~ construction hereof such iimitation shall be ~e~med' i~ bi'
amended so as to be equal to the minimum period of limitation permttted
by such law. '
c) Other than in a state court of competent jurisdiction in and for the
county or other political subdivision of the state in which the Project, or
any part thereof, is situated, or in the United States District Court for tht
district in which the Project, or any part thereof, is situated, and not
elsewhere.
4. The amount of this bond shall be reduced by and to the extent of
any payment or payments ma~e in good laith hereunder,-inclusive of (h}.
payment by Surety aT mechanicS' liens which may be filed of re'cord
against said improvement, whether or not claim for the amount of such
lien be presented under and against this bond. .
February
2002
Hebbard Electric, Inc.
{~~
(Seal)
(Principal)
(Title)
United states Fidelity and Guaranty Company
(Seal)
(Surety)
{
(Title)
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LABOR AND MATERIAL PAYMENT BOND Conforms
Bond No. SE 6568
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with The American Institute of Architects
A.I.A. Document No. A.311
THIS BOND IS ISSUED SIMUL T ANEOUSL Y WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON
THE FUll AND FAITHFUL PERFORMANCE OF THE CONTRACT
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KNOW ALL BY THESE PRESENTS: that Hebbard Electric, Inc., 3338 Commerce Drive, Augusta. Georgia 30909
(Here insert full name and address or legal title of Contractor)
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.... .
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. .. r . .
as Principal, hereinafter called Principal, and, United States Fidelity and Guaranty Company. PO Box 1138. Baltimore. Maryland 212G3
(Here insert full name and address or legal title of Surety)
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as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission, 530 Greene St., Municipal
I Building, Augusta, Georgia 30911 (Here insert full name and address or legal title of ().yner)
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as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defmed, in the amount of
Four H~ndred twelve Thousa.nd Three Hundred and no/100- - - .' ~ '. . . . - ~ " - - - - - - - - : - - - - - - - . . - Dollars ($ $412,300,po
, :).
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for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointLy
and severally, firmly by these presents.
WHEREAS,
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Principal has by written agreement dated
December 31
2001 , entered into a contract
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with Owner for Emergency Generator Installations at Various Pumping Stations Sites
l (Here insert full name, address and description of project)
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in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
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which contract is by reference made a part hereof, and is hereinafter referred to as the
I S-1220/GEEF 10199
Page 1 of 2
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lheStPdul
POWER OF ATTORNEY
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Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. P!lul Mercury Insurance Company
"\
United States Fidelity and Guaranty Company
Fidelity rind Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
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Power of Attorney No.
20996
Certificate No.
688614
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KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York. and that
SI. Paul Fire and Marine Insurance Company. SI. Paul Guardian Insurance Company and SI. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota. and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland. and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa. and that Fidelity and Guaranty Insurance
Underwriters. Inc, is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called,the "Companies"). and that the Companies do
hereby make. constitute and appoint
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Buck Leigh and Jennifer Dinkins
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of the City of ' State ' their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above. to sign its name as surety to. and to execute. seal and ack.nowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
, perfonnance of contracts and executing or guaranteeing bonds and undertakings required orpenjJitled in.any actions or proceedings allowed by law,
: ~~~"'-? ~ ~ ,,~' ,'11\) ,
IN WITNESS WHEREOF, the Companies have caused this instrument t;1,\ s'ig' ned;a'ta se;ledthi~>;" 1st day of December
, , . "j;'....- .. \ '\>~.. _:.... ~"l" ,....
/ \~, _ ~1',"~' ~'-.\"
Seaboard Surety Company -~;"; ',~ ~O " ..;. (;:,,;,\\""'~,,'1t~i;ed States Fidelity and Guaranty Company
St. Paul Fire and Marine Insuraiice:Company ~y ,..;';" \~.,J > Fidelity and Guaranty Insurance Company'
. St. Paul Guardian InsurancfCc;mp.any~~~,; ," \.... ,\\." "\I Fidelity and Guaranty Insurance Underwriters, InC.
f, ..~'\1 -.. ...'( ~. '11.~ ./'..
St.pauIMercuryInsur~nce.C~TP,~y~ ,-<"'~\' \"~- .~. ~.~. '..,.
. (" ... , , '~'p' ""', ~" '
, , - <'l "~,, ,-~,:~\"'-' "..<..~ '1.V ' '
. .... _~' ..-6'" )\.:~ " 4-"i,;.-;<.Q.... . 1,-
..~~.!:'.~. r'" @!T~' ..-:!\,y~~ ' '
~/oI"U.4T..~..~ _~ >;;: 'i;.. ~~ .. . .
...., ~ ~~ .. . ~ .
\~EiLlj' 6''''' t~8. ~:, 'JOHN F. PHINNEY, Vice President
,.0 "",.~. ~". ~~e,rI~
. Columbia
South Carolina
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1999
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State of Maryland
City of Baltimore
THOMAS E, HUIBREGTSE, Assistant Secretary
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On this 1st day of December 1999 ,before me, the undersigned officer, personally appeared John F. Phinney and
Thomas E, Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary. respectively, of Seaboard Surety Company. St. Paul Fire and
Marine Insurance Company. SI. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company. Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc,; and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so to do. execut~d the foregoing instrument for the purposes therein contained by signing the mimes of the
corporations by themselves as duly authorized officers, - l
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My Commission expires the 13th day of July, 2002,
~t~.~
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In Witness Whereof, I hereunto set my hand and official seal.
REBECCA EASLEY,ONOKALA, Notary Public
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86203 Rev, 7-2000 Printed in U,S,A,
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CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned , the
authorized and acting legal representative of Augusta-Richmond
County Commission-Council do hereby certify as follows:
I have examined the attached Contract(s) and surety bonds and
the manner of execution thereof, and I am of the opinion that each
of the aforesaid agreements have been duly executed by the proper
parties thereto acting through their duly authorized
representative; that said representative have full power and
authority to execute said agreements on behalf of the respecti7e
parties named thereon; and that the foregoing agreements constitute
valid and legally binding obligations upon the parties executing
the same in accordance with the terms, conditions and provisions
thereof.
DATE:
COA - 1
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NOTICE OF AWARD
To:
PROJECT DESCRIPTION:
Emergency Generator Installations at
Various Pumping Station Sites
The OWNER has considered the BID submitted by you for the
above described WORK in response to its Advertisement for Bids
dated , and Information for Bidders.
You are hereby notified that your BID has been accepted for
items in the amount of
Dollars ($ ) .
You are required by the Information for Bidders to execute the
Agreement and furnish the required Contractor's Performance Bond
and Payment Bond within ten (10) calendar days from the date of
this Notice to you.
If you fail to execute said Agreement and to furnish said
bonds within ten (10) days from the date of this Notice, said OWNER
will be entitled to consider all your right arising out of the
OWNER' acceptance of you BID as abandoned and as a forfeiture of
your BID BOND. The OWNER will be entitled to such other rights as
may be granted by law.
You are required to return an acknowledged copy of this NOTICE
OF AWARD to the OWNER.
Dated this
day of
, 2001.
By
Title
NA - 1
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NOTICE TO PROCEED
Date
To:
PROJECT: Emergency Generator Installations at Various Pumping
Station Sites
You are hereby notified to commence work in accordance with
the Agreement dated , 2001, within Ten (10)
calendar days after the date of this notice. The date set for
completion of all work is therefore 200l.
BY
TITLE
ACCEPTANCE OF NOTICE
Receipt of the above Notice
to Proceed is hereby acknowledge and
the same is hereby accepted
on this
day
of
,2001.
By:
Title:
NP - 1
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FORM OF
CHANGE ORDER
Date
Order No.
Agreement Date
NAME OF PROJECT:
OWNER:
CONTRACTOR:
The following changes are hereby made to the CONTRACT DOCUMENTS:
JUSTIFICATION:
Change to CONTRACT PRICE:
Original CONTRACT PRICE: $
Current CONTRACT PRICE adjusted by previous CHANGE ORDER
$
The CONTRACT PRICE due to this CHANGE ORDER will be (increased)
(decreased) by $
The new CONTRACT PRICE including this CHANGE ORDER will be
$
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased) (decreased) by
calendar days.
The date for completion of all work will be
Requested by
Recommended by
Ordered by
Accepted by
CO - 1
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GENERAL CONDITIONS
ARTICLE I--DEFINITIONS
Wherever used in these General Conditions or in the other Contract
Documents the following terms have the meanings indicated, which
are applicable to both the singular and plural thereof:
Addenda-Any changes, revisions or clarifications of the Contract
Documents which have been duly issued by COUNTY to prospective
Bidders prior to the time of opening of Bids.
Ag.reement-The written agreement between OWNER and CONTRACTOR
cov~ring the Work to be performed; other Contract Documents are
attached to the Agreement and made a part thereof as' provided
therein.
Application for Payment-The form accepted by PROFESSIONAL which is
to be used by CONTRACTOR in reques,ting progress or final payments
and which is to include such supporting documentation as is
required by the Contract Documents.
Bid-The offer or proposal of the bidder submitted on the prescribed
form setting forth the price(s) for the Work to be performed.
Bonds-Bid, performance and payment bonds and other instruments of
security furnished by CONTRACTOR and its Surety in accordance with
the Contract Documents.
Change Order- A document recommended by PROFESSIONAL, which is
signed by CONTRACTOR and OWNER and authorizes an addition, deletion
or revision in the Work, or an adjustment in the Contract Price or
the Contract Time, issued on or after the Effective Date of the
Agreement.
Contract Documents-The Agreement, Arldenda (which pertain to the
Contract Documents), CONTRACTOR's Bid (including documentation
accompanying the Bid and any post-Bid documentation submitted
prior to the Notice of Award) when attached as an exhibit to the
Agreement, the Bonds, these 'General Conditions, the Supplementary
Conditions, the Plans, Specifications and the Drawings as the same
are more specifically identified in the Agreement, Certificates of
Insurance, Notice of Award, and Change Order duly delivered after
execution of Contract~ together with all amendments, modifications
and supplements issued pursuant to paragraphs 3.4 and 3.5 or after
the Effective Date of the Agreement.
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Contract Price-The moneys payable by OWNER to CONTRACTOR under the
Contract Documents as stated in the Agreement (subject to the
provisions of paragraph 11.9.1 in the case of Unit Price Work).
Contract Time-The number of days (computed as provided in paragraph
17.2) or the date stated in the Agreement for the completion of the
Work.
CONTRACTOR-The person, firm or corporation with whom OWNER has
entered into the Agreement.
COUNTY-Richmond County, Georgia, or Augusta, Georgia, political
subdivisions of the State of Georgia, the Augusta-Richmond County
Commission, and its authorized designees, agents, qr employees.
Day-Either a working day or calendar day as specified in the bid
documents. If a calendar day shall fall on a legal holiday, that
day will be omi tted from the computation. Legal Holidays: New
Year's Day, Martin Luther King Day, Memorial Day, 4th of July,
Labor Day, Veterans Day, Thanksgiving Day and the following Friday,
and Christmas Day.
Defective-An adjective which when modifying the word Work refers to
Work that is unsatisfactory, faulty or deficient, or does not
conform to the Contract Documents, or does not meet the
requirements of any inspection, reference standard, test or
approval referred to in the Contract Documents, or has been damaged
prior to PROFESSIONAL's recommendation of final payment, unless
responsibility for the protection thereof has been assumed by OWNER
at Substantial Completion (in accordance with paragraph 14.8 or
14.10) .
Drawings-The drawings which show the character and scope of the
Work to be performed and which have been prepared or approved by
PROFESSIONAL and are referred to in the Contract Documents.
Effective Date of the Agreement-The date indicated in the Agreement
on which it becomes effective, but if no such date is indicated it
means the date on which the Agreement is signed by the Mayor of the
Augusta, Georgia.
Field Order-A written order issued by PROFESSIONAL that modifies
Drawings and Specifications, but which does not involve a change in
the Contract Price or the Contract Time.
General Requirements-Sections of Division I of the Specifications.
Laws or Regulations-Laws, rules, regulations, ordinances, codes
and/or orders.
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Notice of Award-The wri tten notice by OWNER to the apparent
successful bidder stating that upon compliance by the apparent
successful bidder with the conditions precedent enumerated therein,
within the time specified, -OWNER will sign and deliver the
Agreement.
Notice to Proceed-A written notice given by OWNER to CONTRACTOR
(with a copy to PROFESSIONAL) fixing the date on which the Contract
Time will commence to run and on which CONTRACTOR shall start to
perform CONTRACTOR'S obligations under the Contract Documents.
OWNER- Augusta,
Commission.
Georgia,
the
Augusta-Richmond
County
and
Partial Utilization-Placing a portion of the Work in service for
the purpose for which it is intended for a related purpose) before
reaching Substantial Completion for all the Work.
PROFESSIONAL-Electrical Design Consul tants, Inc. 1201 Broad street,
Suite lA, Augusta, Georgia 30901.
Project-The total construction of which the Work to be provided
under the Contract Documents may be the whole, or a part, as
indicated elsewhere in the Contract Documents.
Project Area-The area within which are the specified Contract
Limits of the improvements contemplated to be constructed in whole
or in part under this Contract.
Project Manager-The professional in charge, serving COUNTY with
architectural or engineering services, his successor, or any other
person or persons, employed by said COUNTY, for the purpose of
directing or having in charge the work embraced in this Contract.
Resident Project Representative-The authorized representative of
PROFESSIONAL who is assigned to the site or any part thereof.
Shop Drawings-All drawings, diagrams, illustrations, schedules and
other data which are specifically prepared by or for CONTRACTOR to
illustrate some portion of the Work and all illustrations,
brochures, standard schedules, performance charts, instructions,
diagrams and other information prepared by a Supplier and submitted
by CONTRACTOR to illustrate material or equipment for some portion
of the Work.
Specifications-Those portions of the Contract Documents consisting
of written technical descriptions of materials, equipment,
construction systems, standards and workmanship as applied to the
Work and certain administrative details applicable thereto.
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Subcontractor-An individual, firm or corporation having a direct
contract with CONTRACTOR or with any other SUBCONTRACTOR for the
performance of a part of the Work at the site.
Substantial Completion-The Work (or a specified part thereof) has
progressed to the point where, in the opinion of PROFESSIONAL as
evidenced by PROFESSIONAL's definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance wi th the
Contract Documents, so that the Work (or specified part) can be
used for the purposes for which it is intended, or if there be no
such certificate issued, when final payment is due in accordance
with paragraph 14.13. The terms "substantially complete" and
"substantially completed" as applied to any Work refer to
Substantial Completion thereof.
Supplementary Conditions-The part of the Contract Documents which
amends or supplements these General Conditions.
Supplier-A manufacturer,
material man or vendor.
fabricator,
supplier,
distributor,
Underground Facili ties-All pipelines , conduits, ducts, cables,
wires, manholes, vaults, tanks, tunnels or other such facilities or
attachments, and any encasement containing such facilities which
have been installed underground to furnish any of the following
services or materials: electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable television,
sewage and drainage removal, traffic or other control systems, or
water.
Unit Price Work-Work to be paid for on the basis of unit prices.
Work-The entire completed construction or the various separately
identifiable parts thereof required to be furnished under the
Contract Documents. Work is the result of performing services,
furnishing labor and furnishing and incorporating materials and
equipment into the construction, and furnishing documents, all as
required by the Contract Documents.
Work Directive Change-A written directive to CONTRACTOR, issued on
or after the Effective Date of the Agreement and signed by OWNER
and recommended by PROFESSIONAL, ordering an addition, deletion or
revision in the Work, or responding to differing or unforeseen
physical conditions under which the Work is to be performed as
provided in paragraph 4.2 or 4.3 or to emergencies under paragraph
6.22. A Work Directive Change may not change the Contract Price or
the Contract Time~but is evidence that the parties expect that the
change directed or documented by a Work Directive Change will be
incorporated in a subsequently issued ,Change Order following
negotiations by the parties' as to its effect, if any, on the
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Contract Price or Contract Time as provided in Article 10.
Written Amendment-A written amendment of the Contract Documents,
signed by OWNER and CONTRACTOR on or after the Effective Date of
the Agreement and normally dealing with the non-engineering or
nontechnical rather than strictly Work-related aspects of the
Contract Documents.
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ARTICLE 2-PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agreements to
OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as
CONTRACTOR may be required to furnish in accordance with these
Contract Documents.
Copies of Documents:
2.2. After the award of the Contract, OWNER shall furnish
CONTRACTOR, at no cost, one (1) complete set of the Contract
Documents for execution of the work. Additional sets of the
project manual and drawings and/or individual pages or sheets of
the project manual or drawings will be furnished by COUNTY upon
CONTRACTOR's request and at CONTRACTOR's expense, which will be
OWNER's standard charges for printing and reproduction.
Commencement of Contract Time, Notice to Proceed:
2.3. The Contract Time shall commence as established in the
Notice to Proceed. A Notice to Proceed may be given at any time
after the Effective Date of the Contract.
starting the Project:
2.4. CONTRACTOR shall begin the Work on the date the Contract
Time commences. No Work shall be done prior to the date on which
the Contract Time commences. Any Work performed by CONTRACTOR
prior to date on which Contract Time commences shall be at the sole
risk of CONTRACTOR.
Before starting Construction:
2.5. Before undertaking each part of the Work, CONTRACTOR
shall carefully study and compare the Contract Documents and check
and verify pertinent figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in writing to
PROFESSIONAL any conflict, error, ambiguity, or discrepancy which
CONTRACTOR may discover and shall obtain a written interpretation
or clarification from PROFESSIONAL before proceeding with any Work
affected thereby. CONTRACTOR shall be liable to OWNER for failure
to report any conflict, error, ambiguity or discrepancy in the
Contract Documents, if CONTRACTOR knew or reasonably should have
known thereof.
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2.6. Within ten days after the Effective Date of the Agreement
(unless otherwise specified in the General Requirements),
CONTRACTOR shall submit to PROFESSIONAL and PROJECT MANAGER for
reV1ew:
2.6.1. an estimated progress schedule indicating the starting
and completion dates of the various stages of the Work:
2.6.2.
submissions,
a preliminary schedule of Shop Drawing and Sample
and
2.6.3. a preliminary schedule of values for all of the Work
which will include quantities and prices of items aggregating the
Contract Price and will subdivide the Work into com?onent parts in
sufficient detail to serve as the basis for progress payments
during construction. Such prices will include an appropriate
amount of overhead and profit applicable to each item of Work which
will be confirmed in writing by CONTRACTOR at the time of
submission.
2.7. Before any Work at the site 1S started, CONTRACTOR
shall deliver to OWNER, with copies to each additional insured
identified in the Supplementary Conditions, an original policy or
certified copies of each insurance policy (and other evidence of
insurance which COUNTY may reasonably request) which CONTRACTOR is
required to purchase and maintain in accordance with Article 5.
Pre-construction Conference:
2.8. Before any Work at the site 1S started, a conference
attended by CONTRACTOR, PROJECT MANAGER, PROFESSIONAL and others as
appropriate will be held to establish a working understanding among
the parties as to the Work and to discuss the schedules referred to
in 2.6, procedures for handling Shop Drawings and other
submittals, processing applications for payment and maintaining
required records.
Finalizing Schedules:
2.9. At least ten days before submission of the first
Application for Payment, a conference attended by CONTRACTOR,
PROFESSIONAL and Project Manager and others as appropriate will be
held to finalize the schedules submitted in accordance with
paragraph 2.6. CONTRACTOR shall have an additional ten (10)
calendar days to make corrections and adjustments and to complete
and resubmit the schedules. No progress payment shall be made to
CONTRACTOR until the schedules are submitted and acceptable to
Project Manager and PROFESSIONAL as provided below. The finalized
progress schedule will be acceptable to Project Manager and
PROFESSIONAL as providing an orderly progression of the Work 'to
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.
...
completion within any specified Milestones and the Contract Time,
but such acceptance will neither impose on PROFESSIONAL
responsibility for the sequencing, scheduling or progress of the
Work nor interfere with or relieve CONTRACTOR from full
responsibility therefor. The finalized schedule of Shop Drawing
submissions and Sample submissions will be acceptable to
PROFESSIONAL as providing a workable arrangement for reviewing and
processing the submissions. CONTRACTOR's schedule of values shall
be approved by PROFESSIONAL as to form and substance.
CONTRACTOR, in addition to preparing an initially acceptable
schedule, shall be responsible for maintaining the schedule,
including updating schedule. Schedule updates shall include
progression of work as compared to scheduled progress on work.
Schedule updates shall accompany each pay request.
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.
ARTICLE 3-CONTRACT DOCUMENTS; INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire agreement
between OWNER and CONTRACTOR concerning the Work. The Contract
Documents are complementary: what is called for by one is as
binding as if called for by all. The Contract Documents will be
construed in accordance with the law of the state of Georgia.
3.2. It is the intent of the Contract Documents to describe a
functionally complete Project (or part thereof) to be constructed
in accordance with the Contract Documents. Any Work, materials or
equipment that may reasonably be inferred from the Contract
Documents or from prevailing custom or trade usage as being
required to produce the intended result will be supplied whether or
not specifically called for. When words or phrases which have a
well-known technical or construction industry or trade meaning are
used to describe Work, materials or equipment, such words shall be
interpreted in accordance with that meaning.
3.3. Except as otherwise specifically stated in the Contract
Documents or as may be provided by amendment or supplement thereto
issued by one of the methods indicated in 3.6 or 3.7, the
provisions of the Contract Documents shall take precedence in
resolving any conflict, error, ambiguity or discrepancy between the
provisions of the Contract Documents and the provisions of any such
standard, specification, manual, code or instruction (whether or
not specifically incorporated by reference in the Contract
Documents) and the provisions of any such Laws or Regulations
application to the performance of the Work (unless such an
interpretation of the provisions of the Contract Documents would
result in violation of such Law or Regulation). Clarifications and
interpretations of the Contract Documents shall be issued by
PROFESSIONAL as provided in paragraph 9.4.
3.4. Reference to standards, specifications, manuals or codes
of any technical society, organization or association, or to the
Laws or Regulations of any governmental authority, whether such
reference be specific or by implication, shall mean the latest
standard, specification, manual, code or Laws or Regulations in
effect at the time of opening of Bids (or on the Effective Date of
the Agreement if there were no Bids), except as may be otherwise
specifically stated in the Contract Documents.
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.
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3.5. If, during the performance of the Work, CONTRACTOR
discovers any conflict, error, ambiguity or discrepancy within the
Contract Documents or between the Contract Documents and any
provision of any such Law or Regulation applicable to the
performance of the Work or of any such standard, specification,
manual or code or of any instruction of any Supplier referred to in
6.7, CONTRACTOR shall so report to PROFESSIONAL in writing at
once and before proceeding with the Work affected thereby and shall
obtain a written interpretation or clarification from PROFESSIONAL;
however, CONTRACTOR shall not be liable to OWNER or PROFESSIONAL
for failure to report any conflict, error, ambiguity or discrepancy
in the Contract Documents unless CONTRACTOR had actual knowledge
thereof or should reasonably have known thereof.
Amending and Supplementing Contract Documents:
3.6. The Contract Documents may be amended to provide for
additions, deletions and revisions in the Work or to modify the
terms and conditions thereof in one or more of the following ways:
3.6.1. a formal Written Amendment,
3.6.2. a Change Order (pursuant to paragraph 10.3), or
3.6.3. a Work Directive Change (pursuant to paragraph 10.4).
As indicated in paragraphs 11.2 and 12.1, Contract Price and
Contract Time may only be changed by a Change Order or a Written
Amendment.
3.7. In addition, the requirements of the Contract Documents
may be supplemented, and minor variations and deviations in the
Work may be authorized in one or more of the following ways:
3.7.1. a Field Order (pursuant to paragraph 9.5).
3.7.2. PROFESSIONAL's approval of a Shop Drawing or sample
(pursuant to paragraphs 6.24 and 6.26), or
3.7.3. PROFESSIONAL's written interpretation or certification
(pursuant to paragraph 9.4) .
Reuse of documents:
3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or
other person or organization performing or furnishing any of the
Work under a direct or indirect contract with OWNER shall have or
acquire any title to or ownership rights in any of the Drawings,
Specifications or other documents (or copies oil any thereof)
prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's
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consultant; and they shall not reuse such Drawings, Specifications
or other documents (or copies of any thereof) on extensions of the
Project or any other project without written consent of OWNER and
PROFESSIONAL and specific written verification or adaptation by
PROFESSIONAL.
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ARTICLE 4-AVAILABILITY OF LANDS, PHYSICAL
CONDITIONS; REFERENCE POINTS
Avai~abi~ity of Lands:
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be performed,
rights-of-way and easements for access thereto, and such other
lands which are designated for the use of CONTRACTOR. Necessary
easements or rights-of-way will be obtained and expenses will be
borne by OWNER. If CONTRACTOR and OWNER are unable to agree on
entitlement to or the amount or extent of any adjustments in the
Contract Price or the Contract Times as a result of any delay in
OWNER's furnishing these lands, rights-of-way or easements, the
CONTRACTOR may make a claim therefor as provided in Articles 11 and
12. The CONTRACTOR shall provide for all additional lands and
access thereto that may be required for temporary construction
facilities or storage of materials and equipment.
Physica~ Conditions:
4.2.1. Explorations and Reports: Reference is made to the
Supplementary Conditions for identification of those reports of
explorations and tests of subsurface conditions at or contiguous to
the site that have been utilized in preparing the Contract
Documents and those drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to
the site (except Underground Facilities) that have been utilized in
preparing the Contract Documents.
4.2.2. CONTRACTOR may rely upon the general accuracy of the
"technical data" contained in such reports and drawings. Such
"technical data" is identified in the Supplementary Conditions.
Except for such reliance on such "technical data," CONTRACTOR may
not rely upon or make any claim against OWNER, PROFESSIONAL, or any
of PROFESSIONAL's Consultants with respect to:
4.2.2.1. the completeness of such reports and drawings for
CONTRACTOR's purposes, including, but not limited to, any aspects
of the means, methods, techniques, sequences and procedures of
construction to be employed by CONTRACTOR and safety precautions
and programs incident thereto, or
4.2.2.2. other data, interpretations, opinions and information
contained in such reports or shown or indicated in such drawings,
or
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4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn
from any "technical data" or any such data; interpretations,
opinions or information.
4.2.3. If condi tions are encountered, excluding existing
utilities, at the site which are (1) subsurface or otherwise
concealed physical conditions which differ materially from those
indicated in the Contract Documents or (2) unknown physical
conditions of an unusual nature, which differ materially from those
ordinarily found to exist and generally recognized as inherent in
construction acti vi ties of the character provided for in the
Contract Documents, then CONTRACTOR shall give COUNTY notice
thereof promptly before conditions are disturbed and in no event
later than 48 hours after first observance of the conditions.
4.2.4. The Project Manager and PROFESSIONAL shall promptly
investigate such conditions, and, if they differ materially and
cause an increase or decrease in CONTRACTOR's cost of, or time
required for, performance of any part of the Work, the proj ect
Manager and PROFESSIONAL shall recommend an equitable adjustment in
the Contract Price or Contract Time, or both. If the Project
Manager and PROFESSIONAL determines that the conditions at the Site
are not materially different from those indicated in the Contract
Documents or are not materially different from those ordinarily
found and that no change in the terms of the Contract is justified,
the PROFESSIONAL shall notify CONTRACTOR of the determination in
writing: The Work shall be performed after direction is provided
by the PROFESSIONAL.
Physical Conditions-Underground Facilities:
4.3.1. Shown or Indicated: The information and data shown or
indicated in the Contract Documents wi th respect to existing
Underground Facilities at or contiguous to the site is based on
information and data furnished to OWNER or PROFESSIONAL by OWNERs
of such Underground Facilities or by others. Unless it is
otherwise expressly provided in the Supplementary Conditions:
4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for
the accuracy or completeness of any such information or data: and
4.3.1.2. The cost of all of the following will be included in
the Contract Price and CONTRACTOR shall have full responsibility
for reviewing and checking all such information and data. for
locating all Underground Facili ties shown or indicated in the
Contract Documents, for coordination of the Work with the OWNERs of
such Underground Facilities during construction, for the safety and
protection thereof as provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work, the cost of all of which
will be considered as having been included in the Contract Price.
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4.3.2. Not Shown or Indicated. If an Underground Facility is
uncovered or revealed at or contiguous to the site which was not
shown or indicated in the Contract Documents and which CONTRACTOR
could not reasonably have been expected to be aware of, CONTRACTOR
shall, promptly after becoming aware thereof and before performing
any Work affected thereby except in an emergency as permitted by
paragraph 6.22, identify the owner of such Underground Facility and
give written notice thereof to that owner and to OWNER and
PROFESSIONAL. PROFESSIONAL will promptly review the Underground
Facility to determine the extent to which the Contract Documents
should be modified to reflect and document the consequences of the
existence of the Underground Facility, and the Contract Documents
will be amended or supplemented to the extent necessary. During
such timA, CONTRACTOR shall be responsible for the safety and
protection of such Underground Facility as provided in paragraph
6.20. CONTRACTOR shall be allowed an increase in the Contract Price
or an extension of the Contract Time, or both, to the extent that
they are attributable to the existence of any Underground Facility
that was not shown or indicated in the Contract Documents and which
CONTRACTOR could not reasonably have been expected to be aware of.
If the parties are unable to agree as to the amount or length
thereof, CONTRACTOR may make a claim therefor as provided in
Articles 11 and 12.
Reference Points:
4.4. OWNER shall provide Engineering surveys to establish
reference points for construction which in PROFESSIONAL's judgment
are necessary to enable CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the Work (unless
otherwise specified in the General Requirements), shall protect and
preserve the established reference points and shall make no changes
or relocations without the prior written approval of OWNER.
CONTRACTOR shall report to PROFESSIONAL whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be responsible
for the accurate replacement or relocation of such reference points
by professionally qualified personnel.
Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material:
4.5 COUNTY shall be responsible for any Asbestos, PCBs,
Petroleum, Hazardous Waste or Radioactive Material uncovered or
revealed at the site which was not shown or indicated in Drawings
or Specifications or identified in the Contract Documents to be
within, the scope of the Work and which may present a substantial
danger to persons or property exposed thereto in connection with
the Work at the site. COUNTY shall not be responsible for any such
materials brought to the site by CONTRACTOR, Subcontractor,
Suppliers or anyone else for whom CONTRACTOR is responsible.
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4.6 CONTRACTOR shall immediately: (i) stop all work in
connection with such hazardous condition and in any area affected
thereby (except in an emergency as required by 6.22), and (iil
notify OWNER and PROFESSIONAL (and thereafter confirm such notice
in wri tingl . OWNER shall promptly consult with PROFESS IONAL
concerning the necessity for OWNER to retain a qualified expert to
evaluate such hazardous condition or take corrective action, if
any. CONTRACTOR shall not be required to resume Work in connection
with such hazardous condition or in any such affected area until
after OWNER has obtained any required permits related thereto and
delivered to CONTRACTOR special written notice (i) specifying that
such condition and any affected area is or has been rendered safe
for the resumption of Work, or (iil specifying any special
conditions under which such Work may be resumed safely. If OWNER
and CONTRACTOR cannot agree as to entitlement to or the amount or
extent of an adjustment, if any, in Contract Price or Contract
Times as a result of such Work stoppage or such special conditions
under which Work is agreed by CONTRACTOR to be resumed, either
party may make a claim therefor as provided in Articles 11 and 12.
4.7 If after receipt of such special written notice,
CONTRACTOR does not agree to resume such Work based on a reasonable
belief it is unsafe, or does not agree to resume such Work under
such special conditions, then CONTRACTOR may order such portion of
the Work that is in connection with such hazardous conditions or in
such affected area to be deleted from the Work. I f COUNTY and
CONTRAcTOR cannot agree as to entitlement to or the amount or
extent of an adjustment, if any, in Cuntract Price or Contract
Times as a result of deleting such portion of the Work, then either
party may make a claim therefor as provided in Articles 11 and 12.
COUNTY may have deleted such portion of the Work performed by
COUNTY's own forces or others in accordance with Article 8.
4.7.1 The provisions of 4.2 and 4.3 are not intended to apply
to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive
Material uncovered or revealed at the site.
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ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and payment Bonds,
each in an amount at least equal to the Contract Price as Security
for the faithful performance and payment of all CONTRACTOR's
obligations under the Contract Documents. These Bonds shall remain
in effect at least until one year after the date when final payment
becomes due, except as otherwise provided by Law or Regulation or
by the Contract Documents. CONTRACTOR shall also furnish such
other Bonds as are required by the Supplementary Conditions. All
Bonds shall be in the for~s prescribed by Law or Regulation or by
the Contract Documents and be executed by such sureties as are
named in the current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds, and as
Acceptable Reinsuring Companies" as published in Circular 570
(amended) by the Audit Staff Bureau of Accounts, U.S. Treasury
Department. All Bonds signed by an agent must be accompanied by a
certified copy of the authority to act.
Licensed Sureties and Insurers; Certificates of Insurance
5.2.1 All bonds and insurance required by the Contract
Documents to be purchased and maintained by CONTRACTOR shall be
obtained from surety or insurance companies that are duly licensed
or authorized in the State of Georgia to issue bonds or insurance
pol icies for the limits and coverages so required. All bonds
signed by an agent must be accompanied by a certified copy of
authority to act. Such surety and insurance companies shall also
meet such addi tional requirements and qualifications as may be
provided in the Supplementary Conditions.
5.2.2. CONTRACTOR shall deliver to OWNER, with copies to
each additional insured identified in 5.3, an original or a
certified copy of the complete insurance policy for each'policy
required, certificates of insurance (and other evidence of
insurance requested by OWNER or any other additional insured) which
CONTRACTOR is required to purchase and maintain in accordance with
5.3.
5.2.3. If the surety on any Bond furnished by CONTRACTOR is
declared a bankrupt or becomes insolvent or its right to do
business is terminated in any state where any part of the Project
is located ,or it ceases to meet the requirements of paragraph 5.1,
CONTRACTOR shall within five days thereafter substitute another
Bond and Surety, both of which must be acceptable to OWNER.
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CONTRACTOR's Liability Insurance:
5.3. CONTRACTOR shall purchase and maintain such comprehensive
general liability and other insurance as is appropriate for the
Work being performed and furnished and as will provide protection
from claims set forth below which may arise out of or result from
CONTRACTOR's performance and furnishing of the Work and
CONTRACTOR's other obligations under the Contract Documents,
whether it is to be performed or furnished by CONTRACTOR, by any
Subcontractor, by anyone directly or indirectly employed by any of
them to perform or furnish any of the Work, or by anyone for whose
acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compensation.
disability benefits and other similar employee benefit acts;
5.3.2.
occupational
employees;
Claims for
sickness or
damages
disease,
because of bodily injury,
or death of CONTRACTOR's
5.3.3. Claims for damages because of bodily injury, sickness
or disease, or death of any person other than CONTRACTOR's
employees;
5.3.4. Claims for damages insured by personal injury liability
coverage which are sustained (a) by any person as a result of an
offense directly or indirectly related to the employment of such
person by CONTRACTOR, or (b) by any other person for any other
reason;
5.3.5. Claims for damages, other than to the Work itself,
because of injury to or destruction of tangible property wherever
located, including loss of use resulting therefrom;
5.3.6. Claims arising out of operation of Laws or Regulations
for damages because of bodily injury or death of any person or for
damage to property; and
5.3.7. Claims for damages because of bodily injury or death of
any person or property damage arising out of the ownership,
maintenance or use of any motor vehicle.
The insurance required by this paragraph 5.3 shall include the
specific coverages and be written for not less than the limits of
liability and coverages provided in the Supplementary Conditions,
or required by law, whichever is greater. The comprehensive
general liabili ty insurance shall include completed operations
insurance. All of the policies of insurance so required to be
purchased and maintained (or the certificates or other evidence
thereof) shall contain a provision or endorsement that the coverage
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afforded will not be canceled, materially changed or renewal
refused until at least thirty days' prior written notice has been
gi ven to OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified
mail. All such insurance shall remain in effect until final
payment and at all times thereafter when CONTRACTOR may be
correcting, removing or replacing defective Work in accordance with
paragraph 13.12. In addition, CONTRACTOR shall maintain such
completed operations insurance for at least two years after final
payment and furnish OWNER with evidence of continuation of such
insurance at final payment and one year thereafter.
Contractual Liability Insurance:
5.4. The comprehensive general liability insurance required by
paragraph 5.3 will include contractual liability insurance
applicable to CONTRACTOR's obligations under paragraphs 6.32 and
6.33.
Owner's Liability Insurance:
5.5. OWNER shall be responsible for purchasing and maintaining
OWNER's own liability insurance, and/or Risk Retention Program,
and, at OWNER's option, may purchase and maintain such insurance as
will protect OWNER against claims which may arise from operations
under the Contract Documents.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain property insurance
upon the Work at the site to the full insurable value thereof
(subj ect to such deductible amounts as may be provided in the
Supplementary Conditions or required by Laws and Regulations).
This insurance shall include the interests of OWNER, CONTRACTOR,
Subcontractors, PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's
consultants in the Work, all of whom shall be listed as insureds or
additional insured parties, shall insure against the perils of fire
and extended coverage and shall include "all risk" insurance for
physical loss and damage including theft, vandalism and malicious
mischief, collapse and water damage, and such other perils as may
be provided in the Supplementary Conditions, and shall include
damages, losses and expenses arising out of or resulting from any
insured loss or incurred in the repair or replacement of any
insured property (including but not limited to fees and charges of
PROFESSIONALs, architects, attorneys and other PROFESSIONALs). If
not covered under the "all risk" insurance or otherwise provided in
the 'Supplementary Conditions, CONTRACTOR shall purchase and
maintain similar property insurance on portions of the Work stored
on and off the site or in transit when such portions of the Work
are to be included in an Application for Payment.
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5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may be
required by the Supplementary Conditions or Laws and Regulations
which will include the interests of OWNER, CONTRACTOR,
Subcontractors, PROFESSIONAL AND PROFESSIONAL's consultants in the
Work, all of whom shall be listed as insured or additional insured
parties.
5.8. All the policies of insurance (or the certificates or
other evidence thereof) required to be purchased and maintained by
OWNER in accordance with paragraphs 5.6 and 5.7 will contain a
provision or endorsement that the coverage afforded will not be
canceled or materially changed or renewal refused until at least
,thirty days prior written notice has been given to CONTRACTOR by
certified mail and will contain waiver provisions in accordance
with paragraph of 5.11.2.
5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the Interests of
CONTRACTOR, Subcontractors or others in the Work to the extent of
any deductible amounts that are provided in the Supplementary
Conditions. The risk of loss within the deductible amount, will be
borne by CONTRACTOR, Subcontractor or others suffering any such
loss~ and if any of them wishes property insurance coverage within
the limits of such amounts, each may purchase and maintain it at
the purchaser's own expense.
5.10. If CONTRACTOR requests in writing that other special
insurance be included in the property insurance policy, OWNER
shall, if possible, include such insurance, and the cost thereof
will be charged to CONTRACTOR by appropriate Change Order or
Written Amendment. Prior to commencement of the Work at the site,
OWNER shall in writing advise CONTRACTOR whether or not such other
insurance has been procured by OWNER.
Wai ver of Righ ts :
5.11.1. OWNER and CONTRACTOR waive all rights against each
other for all losses and damages caused by any of the perils
covered by the policies of insurance provided in response to
paragraphs 5.6 and 5.7 and other property insurance applicable to
the Work, and also waive all such rights against the
Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all
other parties named as insureds in such policies for losses and
damages 'so caused. As required by paragraph 6.11., each subcontract
between CONTRACTOR and a Subcontractor will contain similar waiver
provisions by the Subcontractor in favor of OWNER, CONTRACTOR,
PROFESSIONAL, PROFESSIONAL's consul tants and all other parties
,named as insureds. None of the above waivers shall extend to the
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rights that any of the insured parties may have to the proceeds of
insurance held by OWNER as trustee or otherwise payable under any
policy so issued.
5.11.2. OWNER and CONTRACTOR intend that policies provided in
response to paragraphs 5.6 and 5.7 shall protect all of the parties
insured and provide primary coverage for all losses and damages
caused by the perils covered thereby. Accordingly, all such
policies shall contain provisions to the effect that in the event
of payment of any loss or damage the insurer will have no rights of
recovery against any of the parties named as insureds or
additional insureds, and if the insurers require 'separate waiver
forms to be signed by PROFESSIONAL or PROFESSIONAL's consultant
OWNER will obtain the same, and if such waiver forms are required
of any Subcontractor, CONTRACTOR will obtain the same.
Receipt and Application of Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and
made payable to OWNER as trustee for the insureds, as their
interests may appear, subject to the requirements of any applicable
mortgage clause and of paragraph 5.13. OWNER shall deposit in a
separate account any money so received and shall distribute it in
accordance with such agreement as the parties in interest may
reach. If no other special agreement is reached, the damaged Work
shall be repaired or replaced, the moneys so received applied on
account thereof, and the Work and the cost thereof covered by an
appropriate Change Order or Written Amendment.
Receipt and Application of Insurance Proceeds
5.13. OWNER, as trustee, shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after the
occurrence of loss to OWNER's exercise of this power. I f such
objection be made, OWNER, as trustee, shall make settlement with
the insurers in accordance with such agreement as the parties in
interest may reach. I f required in willing by any party in
interest, OWNER as trustee shall, upon the occurrence of an insured
loss, give bond for the proper performance of such duties.
Acceptance of Insurance:
5.14. If OWNER has any objection to the coverage afforded by
or other provisions of the insurance required to be purchased and
maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4
on the basis of its not complying with the Contract Documents,
OWNER shall ,notify CONTRACTOR in writing thereof within ten days of
the date of,delivery of such certificates to OWNER in accordance
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with paragraph 2.7. If CONTRACTOR has any objection to the coverage
afforded by or other provisions of the policies of insurance
required to be purchased and maintained by OWNER in accordance with
paragraphs 5.6 and 5.7 on the basis of their not complying with the
Contract Documents, CONTRACTOR shall notify OWNER in writing
thereof within ten days of the date of delivery, of such
certificates to CONTRACTOR in accordance with paragraph 2.7. OWNER
and CONTRACTOR shall each provide to the other such additional
information in respect of insurance provided by each as the other
may reasonably request. Failure by OWNER or CONTRACTOR to give any
such notice of objection within the time provided shall constitute
acceptance of such insurance purchased by the other as complying
with the Contract Documents.
Partial utilization-Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a portion
or portions of the Work prior to Substantial Completion of all the
Work, such use or occupancy may be accomplished in accordance with
paragraph 14.10 provided that no such use or occupancy shall
commence before the insurers providing the property insurance have
acknowledged notice thereof and in writing e~fected the changes in
coverage necessitated thereby. The insurers providing the property
insurance shall consent by endorsement on the policy or policies,
but the property insurance shall not be canceled or lapse on
account of any such partial use or occupancy.
Indemnification
5.16.1. CONTRACTOR shall indemnify and hold harmless COUNTY,
PROGRAM MANAGER, and its employees and agents from and against all
liabilities, claims, suits, demands, damages, losses, and expenses,
including attorneys' fees, arising out of or resulting from the
performance of its Work, provided that any such liability, claim,
suit, demand, damage, loss, or expense (a) is attributable to
bodily injury, sickness, disease or death, or injury to or
destruction of tangible property, including,the loss of use
resulting therefrom and (b) is caused in whole or in part by an act
or omission of CONTRACTOR, any Subcontractor, anyone directly or
indirectly employed by and of them, or anyone for whose acts any of
them may be liable, whether or not it is caused in whole or in part
by the negligence or other fault of a party indemnified hereunder.
5.16.2. In any and all claims against COUNTY or any of its
agents or employees by any employee of CONTRACTOR, any
SUBCONTRACTOR, anyone directly or indirectly employed by any of
them, or anyone for whose acts any of' them may be liable, the
indemnification obligation under the previous paragraph shall not
be limited in any way p's to the amount or type of damages,
compensation or benefits payable by or for CONTRACTOR or any
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SUBCONTRACTOR under workmen's compensation acts, disability benefit
acts, or other employee benefit acts.
5.16.3. CONTRACTOR shall indemnify and hold harmless COUNTY
and anyone directly or indirectly employed by it from and against
all claims, sui ts, demands, damages, losses expenses (including
attorney's fees) arising out of any infringement on patent or
copyrights held by others and shall defend all such claims in
connection with any alleged infringement of such rights.
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ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES
6.1. CONTRACTOR shall supervise and direct the Work
competently and efficiently, devoting such attention thereto and
applying such skills and expertise as may be necessary to perform
the Work in accordance with the Contract Documents. CONTRACTOR
shall be solely responsible for the means, methods, techniques,
sequences and procedures of construction, but CONTRACTOR shall not
be responsible for the negligence of others in the design or
specification of a specific means, method, technique, sequence or
procedure of construction which is shown or indicated in and
expressly required by the Contract Documents. CONTRACTOR shall be
responsible to see that the finished Work complies accurately with
the Contract Documents.
6.2. CONTRACTOR shall keep on the Work, at all times during
its progress a competent resident superintendent, who shall not be
replaced without whiten notice to OWNER and PROFESSIONAL except
under extraordinary circumstances. The 'superintendent will be
CONTRACTOR's representative at the site and shall have authority to
act on behalf of CONTRACTOR. All communications to the
superintendent shall be as binding as if given to CONTRACTOR.'
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent, suitably qualified
personnel to survey and layout the Work and perform construction
as required by the Contract Documents. CONTRACTOR shall at all
times maintain good discipline and order at the site. Except in
connection with the safety or protection of persons or the Work or
property at the site or adjacent thereto, and except as otherwise
indicated in the Contract Documents, all Work at the site shall be
performed during regular working hours, and CONTRACTOR will not
permit evening work or the performance of Work on Saturday, Sunday
or any legal holiday without OWNER's written consent given after
prior written notice to PROFESSIONAL.
6.4. Unless otherwise specified in the General Requirements,
CONTRACTOR shall furnish and assume full responsibility for all
materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat,
telephone, water, sanitary facilities, temporary facilities and all
other facilities and incidentals whether temporary or permanent
necessary for the execution, testing, initial operation, and
completion of the Work as required by the Contract Documents.
6.5. All materials and equipment shall be of good quality and
new, except as otherwise provided in the Contract Documents. If
required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory
evidence (including r€ports of required tests) as to the kind and
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quality of materials and equipment. All materials and equipment
shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable
Supplier except as otherwise provided in the Contract Documents;
but no provision of any such instructions will be effective to
assign to PROFESSIONAL, or any of PROFESSIONAL's consultants,
agents or employees, any duty or authority to supervise or direct
the furnishing or performance of the Work or any duty or authority
to undertake responsibility contrary to the provisions of paragraph
9.14 or 9.15.
Adjusting Progress Schedule:
6.6.CONTRACTOR shall submit to PROFESSIONAL for acceptance to
the extent indicated in paragraph 2.9 adjustments in the progress
schedule to reflect the impact thereon of new developments; these
will conform generally to the progress schedule then in effect and
additionally will comply with any provisions of the General
Requirements applicable thereto.
Substitutes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified or
described in the Contract Documents by using the name of a
proprietary item or the name of a particular Supplier, the naming
of the item is intended to establish the type, function and quality
required. Unless the name is followed by words indicating that no
substitution is permitted, materials or equipment of other
Suppliers may be accepted by PROFESSIONAL if sufficient information
is submitted by CONTRACTOR to allow PROFESSIONAL to determine that
the material or equipment proposed is equivalent or equal to that
named. The procedure for review by PROFESSIONAL will include the
following as supplemented in the General Requirements. Requests for
review of substitute items of material and equipment will not be
accepted by PROFESSIONAL from anyone other than CONTRACTOR. If
CONTRACTOR wishes to furnish-or use a substitute item of material
or equipment, CONTRACTOR shall make written application to
PROFESSIONAL for acceptance thereof, certifying that the proposed
substitute will perform adequately the functions and achieve the
results called for by the general design, be similar and of equal
substance to that specified and be suited to the same use as that
specified. The application will state that the evaluation and
acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Completion on time, whether
or not acceptance of the substitute for use in the Work will
require a change in any of the Contract Documents (or in the
provisions of any other direct contract with OWNER for work on the
Project) to adapt the design to the proposed substitute and whether
or not incorporation or use of the substitute in connection with
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the Work is subject to payment of any license fee or royalty. All
variations of the proposed substitute from that specified will be
identified in the application and available maintenance, repair and
replacement service will be indicated. The application will also
contain an itemized estimate of all costs that will result directly
or indirectly from acceptance of such substitute, including costs
of redesign and claims of other contractors affected by the
resulting change, all of which shall be considered by PROFESSIONAL.
In evaluating the proposed substitute, PROFESSIONAL may require
CONTRACTOR to furnish, at CONTRACTOR's expense, additional data
about the proposed substitute.
6.7.2. If a specific means, method, technique, sequence or
procedure of construction is indicated in or required by the
Contract Documents, CONTRACTOR may furnish or utilize a substitute
means, method, sequence, technique or procedure of construction
acceptable to PROFESSIONAL, if CONTRACTOR submits sufficient
information to allow PROFESSIONAL to determine that the substitute
proposed is equivalent to that indicated or required by the
Contract Documents. The procedure for review by PROFESSIONAL will
be similar to that provided in paragraph 6.7.1 as applied by
PROFESSIONAL and as may be supplemented in the General
Requirements.
6.7.3. PROFESSIONAL will be allowed a reasonable time within
which to evaluate each proposed substitute. PROFESSIONAL will be
the sole judge of acceptability and no substitute will be ordered,
installed or utilized without PROFESSIONAL's prior written
acceptance which will be evidenced by either a Change Order or an
approved Shop Drawing. OWNER may require CONTRACTOR to furnish, at
CONTRACTOR's expense, a special performance guarantee or other
surety with respect to any substitute. PROFESSIONAL will record
time required by PROFESSIONAL and PROFESSIONAL's consultants in
evaluating substitutions proposed by CONTRACTOR and in making
changes in the Contract Documents occasioned thereby. Whether or
not PROFESSIONAL accepts a proposed substitute, CONTRACTOR shall
reimburse OWNER for the charges of PROFESSIONAL and PROFESSIONAL's
consultants for evaluating each proposed substitute.
Concerning Subcontractors. Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcontractor,
Supplier or other person or organization (including those
acceptable to OWNER and PROFESSIONAL as indicated in paragraph
6.8.2) whether initially or as a substitute, against whom OWNER or
PROFESSIONAL may have reasonable obj ection. CONTRACTOR shall not be
required to employ any Subcontractor, Supplier or other person or
organization to furnish or perform any of the Work against whom
CONTRACTOR has reasonable objection.
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.
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6.8.2. If the Supplementary Conditions reqUlre the identity
of certain Subcontractors, Suppliers or other persons or
organizations including those who are to furnish the principal
items of materials and equipment to be submitted to OWNER in
advance of the specified date prior to the Effective Date of the
Agreement for acceptance by OWNER and PROFESSIONAL and if
CONTRACTOR has submitted a list thereof in accordance with. the
Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance
(either in writing or by falling to make written objection thereto
by the date indicated for acceptance or objection. In the bidding
documents or the Contract Documents) of any such Subcontractor,
Supplier or other person or organization so identified may be
revoked on the basis of reasonable objection after due
investigation, .in which case CONTRACTOR shall submit an acceptable
substitute, the Sontract Price will be increased by the difference,
and the cost occasioned by such substitution and an appropriate
Change Order will be issued or Written Amendment signed. No
acceptance by OWNER or PROFESSIONAL of any such Subcontractor,
Supplier or other person or organization shall constitute a waiver
of any right of OWNER or PROFESSIONAL to reject defective Work.
6.9. CONTRACTOR shall be fully responsible to OWNER and
PROFESSIONAL for all acts and omissions of the Subcontractors,
Suppliers and other persons and organizations performing or
furnishing any of the Work under a direct or indirect contract with
CONTRACTOR just ~s CONTRACTOR is responsible for CONTRACTOR's own
acts and omissions. Nothing in the Contract Documents shall create
any contractual relationship between OWNER or PROFESSIONAL and any
such Subcontractor, Supplier or other person or organization, nor
shall it create any obligation on the part of OWNER or PROFESSIONAL
to payor to see to the payment of any moneys due any such
Subcontractor, Supplier or other person or organization except as
may otherwise be required by Laws and Regulations.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CONTRACTOR in
dividing the Work among Subcontractors or Suppliers or delineating
the Work to be performed by any specific trade.
6.11. All Work performed for CONTRACTOR by a Subcontractor
will be pursuant to an appropriate agreement between CONTRACTOR and
the Subcontractor which specifically binds the Subcontractor to the
applicable terms and conditions of the Contract Documents for the
benefit of OWNER and PROFESSIONAL and contains waiver provisions as
required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor
a just share of any insurance moneys received by CONTRACTOR on
account of losses under policies issued pursuant to paragraphs 5.6
and 5.7.
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Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and royalties and
assume all costs incident to the use in the performance of the Work
or the incorporation in the Work of any invention, design, process,
product or device which is the subject of patent rights or
copyrights held by others. CONTRACTOR shall indemnify arid hold
harmless OWNER and PROFESSIONAL and anyone directly or indirectly
employed by either of them from and against all claims, damages,
losses and expenses including attorneys' fees and court and
arbitration costs arising out of any infringement on patent rights
or copyrights incident to the use in the performance of the Work or
resul ting from the incorporation in the Work of any invention,
design, process, product or device not specified in the Contract
Documents, and shall defend all such claims in connection with 3ny
alleged infringement of such rights.
Permits:
6.13. CONTRACTOR shall obtain and pay for all construction
permits, licenses, governmental charges and inspection fees, and
all public utility charges which are applicable and necessary for
the execution of the Work. All permit costs shall be included in
the base bid. Permits, if any, that are provided and paid for by
OWNER are listed in the Supplementary Conditions. Any delays
associated with the permitting process will be considered for time
exten"sions only and no damages or additional compensation for delay
will be allowed.
Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and comply with all
Laws and Regulations applicable to furnishing and performance of
the Work. Except where otherwise expressly required by applicable
Laws and Regulations, neither OWNER nor PROFESSIONAL shall be
responsible for monitoring CONTRACTOR's compliance with any Laws or
Regulations.
6.14.2. If CONTRACTOR observes that any of the Contract
Documents are contradictory to such laws, rules, and regulations,
it will notify the Proj ect Manager promptly in writing. Any
necessary changes shall then be adjusted by an appropriate Change
Order. If CONTRACTOR performs any Work that it knows or should
have known to be contrary to such laws, ordinances, rules, and
regulations and without such notice to the Project Manager, it
shall bear all related costs.
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer, use and other
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similar taxes required to be paid by CONTRACTOR in accordance with
the Laws and Regulations of the place of the Project which are
applicable during the performance of the Work.
Use o.f Premises:
6.16. CONTRACTOR shall confine construction equipment, the
storage of materials and equipment and the operations of workers to
the Project site and land and areas identified in and permitted by
the Contract Documents and other land and areas permitted by Laws
and Regulations, rights-of-way, permits and easements. CONTRACTOR
shall not unreasonably encumber the premises wi th construction
equipment or other materials or equipment. Any loss or damage to
CONTRACTOR's or any Subcontrac,tor' s equipment is solely at the risk
of CONTRACTOR. CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or occupant
thereof or of any land or areas contiguous thereto, resulting from
the performance of the Work. Should any claim be made against OWNER
or PROFESSIONAL by any such owner or occupant because of the
performance of the Work, CONTRACTOR shall promptly attempt to
settle with such other party by agreement or otherwise resolve the
claim by arbitration or at law. CONTRACTOR shall, to the fullest
extent permitted by Laws and Regulations, indemnify and hold OWNER
harmless from and against all claims, damages, losses and expenses
(including, but not limited to, fees of PROFESSIONALs, architects,
attorneys and other professionals and court and arbitration costs)
arising directly, indirectly or consequentially out of any action,
legal or equitable, brought by any such other party against OWNER
to the extent based on a claim arising out of CONTRACTOR's
performance of the Work.
6.17. During the progress of the Work, CONTRACTOR shall keep
the premises free from accumulations of waste materials, rubbish
and other debris or contaminates resulting from the Work. At the
completion of the Work, CONTRACTOR shall remove all waste
materials, rubbish and debris from and about the premises as well
as all tools, appliances, construction equipment and machinery, and
surplus materials, and shall leave the site clean and ready for
occupancy by OWNER. CONTRACTOR shall restore to original condition
all property not designated for alteration by the Contract
Documents.
6.18. CONTRACTOR shall not load nor permit any part of any
structure to be loaded in any manner that will endanger the
structure, nor shall CONTRACTOR subject any part of the Work or
adjacent property to stresses or pressures that will endanger them.
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Record Documents:
6.19. Contractor shall keep at the site and in good order one
record copy of the Contract Documents and all Drawings and
Specifications. These documents shall be annotated on a continuing
basis to show all changes made during the construction process.
These shall be available to PROFESSIONAL and the Project Manager
and shall be submitted with the Application for Final Payment.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating,
maintaining and supervising all safety precautions and programs in
connection with the Work. CONTRACTOR shall assume all risk of loss
for stored equipment or materials, irrespective of whether
CONTRACTOR has transferred the title of the stored equipment or
materials to OWNER. CONTRACTOR shall take all necessary
precautions for the safety of, and shall provide the necessary
protection to prevent damage, injury or loss to:
6.20.1. all employees on the Work and other persons and
organizations who may be affected thereby;
6.20.2. all the Work and materials and equipment to be
incorporated therein, whether in storage on or off the site; and
6.20.3. other property at the site or adj acent thereto,
including trees, shrubs, lawns, walks, pavements, roadways,
structures, utilities and Underground Facilities not designated for
removal, relocation or replacement in the course of construction.
CONTRACTOR shall comply with all applicable Laws and Regulations of
any public body having jurisdiction for the safety of persons or
property or to protect them from damage, injury or loss; and shall
erect and maintain all necessary safeguards for such safety and
protection. CONTRACTOR shall notify OWNERs of adj acent property and
of Underground Facilities and utility OWNERs when prosecution of
the Work may affect them, and shall cooperate with them in the
protection, removal, relocation and replacement of their property.
All damage, injury or loss to any property referred to in paragraph
6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in
part, by CONTRACTOR, any Subcontractor, Supplier or any other
person or organization directly or indirectly employed by any of
them to perform or furnish any the Work or anyone for whose acts
any of them may be liable, shall be remedied by CONTRACTOR (except
damage or loss attributable to the fault of Drawings or
Specifications or to the acts or omissions of OWNER or PROFESSIONAL
or anyone employed by either of them or anyone for whose acts
either of them may be liable, and not attributable, directly or
indirectly, in whole or in part, to the fault or negligence of
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CONTRACTOR). CONTRACTOR's duties and responsibilities for the
safety and protection of the Work shall continue until such time as
all the Work is completed and PROFESSIONAL has issued a notice to
OWNER and CONTRACTOR in accordance, with paragraph 14.13 that the
Work is acceptable (except as otherwise expressly provided In
connection with Substantial Completion) .
6.21. CONTRACTOR shall designate a responsible member of its
organization whose duty shall be the prevention of accidents at the
si te. This person shall be CONTRACTOR's superintendent unless
otherwise designated in wri ting by CONTRACTOR to the Proj ect
Manager.
Emergencies:
6.22. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent thereto,
CONTRACTOR, without special instruction or authorization from
PROFESSIONAL or OWNER, is obligated to act to prevent threatened
damage, injury or loss. CONTRACTOR shall give PROFESSIONAL prompt
written notice if CONTRACTOR believes that any significant changes
in the Work or variations from the Contract Documents have been
caused thereby. If PROFESSIONAL determines that a change in the
Contract Documents is required because of the action taken in
response to an emergency, a Work Directive Change or Change Order
be issued to document the consequences of the changes or
variations.
6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of
all events involving personal injuries to any person on the Site,
whether or not such person was engaged in the construction of the
Project, and shall file a written report on such person(s) and any
other event resulting in property damage of any amount within five
(5) days of the occurrence.
6.22.2. I f PROFESS IONAL determines that a change in the
Contract Documents is required because of the action. taken by
CONTRACTOR in response to such an emergency, a Change Order will be
issued to document the consequences of such action.
Shop Drawings and Samples:
6.23. After checking and verifying all field measurements,
CONTRACTOR shall promptly submit to PROFESSIONAL for approval, in
accordance with the accepted schedule of submittals, all submittals
and samples required by the Contract Documents. All submittals and
samples shall have been checked by and stamped with the approval of
CONTRACTOR and identified as PROFESSIONAL may require. The data
shown on or with the submittals will be complete with respect to
dimensions, design criteri~, materials and ~ny other information
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necessary to enable PROFESSIONAL to review the submittal as
required. At the time of each submission, CONTRACTOR shall give
notice to PROFESSIONAL of all deviations that the submittal or
sample may have from the requirements of the Contract Documents.
6.24. PROFESSIONAL shall review and approve submittals and
samples. Professional's review and approval shall be only for
conformance with the design concept of the Project and compliance
with the information given in the Contract Documents. The approval
of a separate item as such will not indicate approval of the
assembly in which the item functions. CONTRACTOR will make any
corrections required by PROFESSIONAL and resubmit the required
number of corrected copies until approved. CONTRACTOR's stamp of
approval on any submittal or sample shall constitute its
representation to PROFESSIONAL and County that CONTRACTOR has
determined and verified all quantities, dimensions, field
construction criteria, materials, catalog numbers, and similar
data, and that each submittal or sample has been reviewed or
coordinated with the requirements of the Work and the Contract
Documents.
6.24.1. No Work requiring a submittal or sample submission
shall commence until the submission has been approved by
PROFESSIONAL. A copy of each approved submittal and each approved
sample shall be kept in good order by CONTRACTOR at the site and
shall be available to PROFESSIONAL and County staff. Any delays
associated with the submittal process will be considered for time
extensions only, and no damages or additional compensation for
delay will be allowed.
6.25.1. Before submission of each Shop Drawing or sample,
CONTRACTOR shall have determined and verified all quanti ties,
dimensions, specified performance criteria, installation
requirements, materials, catalog numbers and similar data with
respect thereto and reviewed or coordinated each Shop Drawing or
sample with other Shop Drawings and samples and with the
requirements of the Work and the Contract Documents.
6.25.2. At the time of each submission, CONTRACTOR shall give
PROFESSIONAL specific written notice of each variation that the
Shop Drawings or samples may have from the requirements of the
Contract Documents, and, in addition, shall cause a specific
notation to be made on each Shop Drawing submitted to PROFESSIONAL
for review and approval of each such variation.
6.26. PROFESSIONAL will review and approve with reasonable
promptness Shop Drawings and samples, but PROFESSIONAL's review and
approval will be only for conformance with the design concept of
the Project and for compliance with the information given in the
Contract Documents and shall not extend to' means, methods,
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techniques, sequences or procedures of construction (except where
a specific means, method, technique, sequence or procedure of
construction is indicated in or required by the Contract Documents)
or to safety precautions or programs incident thereto. The review
and approval of a separate item as such will not indicate approval
of the assembly in which the item functions.
6.27. No Work requiring a submittal or sample submission
shall commence until the submission has been approved by
PROFESSIONAL. A copy of each approved submittal and each approved
sample shall be kept in good order by CONTRACTOR at the site and
shall be available to PROFESSIONAL and Project Managery staff. Any
delays associated with the submittal process will be considered for
time extensions only, and no damages or additional compensation, for
delay will be allowed.
6.28. PROFESSIONAL's approval of submittals or samples shall
not relieve CONTRACTOR from responsibility for any variation from
the requirements of the Contract Documents unless CONTRACTOR has,
in writing~ called PROFESSIONAL's attention to each such variation
at the time of submission and the Project Manager has given written
approval to the specific deviation; any such approval by
PROFESSIONAL shall not relieve CONTRACTOR from responsibility for
errors or omissions in the submittals.
6.29. Where a shop drawing or sample is required by the
Contract Documents or the schedule of shop drawings and sample
submissions accepted by PROFESSIONAL as required, any related work
performed prior to Professional's review and approval of the
pertinent submittal will be at the sole expense and responsibility
of Contractor.
Continuing the Work:
6.30. CONTRACTOR shall carryon the Work and adhere to the
progress schedule during all disputes or disagreements with OWNER.
No Work shall be delayed or postponed pending resolution of any
disputes or disagreements, except as permitted by paragraph 15.6 or
as CONTRACTOR and OWNER may otherwise agree in writing.
Cleaning Up:
6.31. CONTRACTOR shall maintain the site free from
accumulations of waste materials, rubbish, and other debris or
contaminates resul ting from the work on a daily basis or as
required. At the completion of the work, CONTRACTOR shall remove
all waste materials, rubbish, and debris from the site as well as
all tools, construction equipment and machinery, and surplus
materials and will leave the Site clean and ready for occupancy by
OWNER. All disposal shall be in accordance with applicable laws
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and regulations. In addition to any other rights available to
OWNER under the Contract Documents, CONTRACTOR's failure to
maintain the site may result in withholding of any amounts due
CONTRACTOR. CONTRACTOR will restore to original condition those
portions of the site not designated for alteration by the Contract
Documents.
Indemnification:
6.32. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and
PROFESSIONAL and their consultants, agents and employees from and
against all claims, damages, losses and expenses, direct, indirect
or consequential (including but not limited to fees and charges of
PROFESSIONALs, architects, attorneys and other PROFESSIONALs and
court and arbitration costs) arising out of or resulting from the
performance of the Work, provided that any such claim, damage, loss
or expense (a) is attributable to bodily injury, sickness, disease
or death, or to injury to or destruction of tangible property
(other than the Work itself) including the loss of use resulting
therefrom and (b) is caused in whole or in part by any negligent
act or omission of CONTRACTOR, any Subcontractor, any person or
organization directly or indirectly employed by any of them to
perform or furnish any of the Work or anyone for whose acts any of
them may be liable, regardless of whether or not it is caused in
part by a party indemnified hereunder or arises by or is imposed by
Law and Regulations regardless of the negligence of any such party.
6.33. In any and all claims against OWNER or PROFESSIONAL or
any of their consultants, agents or employees by any employee of
CONTRACTOR, any Subcontractor, any person or organization directly
or indirectly employed by any of them to perform or furnish any of
the Work or anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph 6.32 shall not be
limi ted in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for CONTRACTOR or
any such Subcontractor or other person or organization under
workers' or workmen's compensation acts, disability benefit acts or
other employee benefit acts.
6.34. The obligations of CONTRACTOR under paragraph 6.32
shall not extend to the liability of PROFESSIONAL, PROFESSIONAL's
consultants, agents or employees arising out of the preparation or
approval of maps, drawings, opinions, reports, surveys, Change
Orders, designs or specifications.
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ARTICLE 7---0THER WORK
Related Work at Site:
7.1. OWNER may perform other work related to the Project at
the site by OWNER's own forces, have other work performed by ailed
OWNERs or let other direct contracts therefor which shall contain
General Conditions similar to these. If the fact that such other
work is to be performed was not noted in the Contract Documents,
wri tten notice thereof will be given to CONTRACTOR prior to
starting any such other work, and, if CONTRACTOR believes that such
performance will involve additional expense to CONTRACTOR or
requires additional time and the parties are unable to agree as to
the exter.t thereof, CONTRACTOR may make a claim therefor as
provided ill Articles 11 and 12.
7.1.2. CONTRACTOR shall afford each utility owner and other
contractor who is a party to such a direct contract for OWNER, if
OWNER is performing the additional work with OWNER's employees,
proper and safe access to the site and a reasonable opportunity for
the introduction and storage of materials and equipment and the
execution of such work, and shall properly connect and coordinate
the Work with theirs. CONTRACTOR shall do all cutting, fitting and
patching of the Work that may be required to make its several parts
come together properly and integrate with such other work.
CONTRACTOR shall not endanger any work of others by cutting,
excavating or otherwise altering their work and will only cut or
alter their work with the written consent of PROFESSIONAL and the
others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this paragraph are for the
benefit of such utility owners and other contractors to the extent
that there are comparable provisions for the benefit of CONTRACTOR
in said direct contracts between OWNER and such utility owners and
other contractors.
7.2. I f any part of CONTRACTOR's Work depends for proper
execution or results upon the work of any such other contractor or
utility owner (or OWNER), CONTRACTOR shall inspect and promptly
report to PROFESSIONAL in writing any delays, defects or
deficiencies in such work that render it unavailable or unsuitable
for such proper execution and results. CONTRACTOR's failure so to
report will constitute an acceptance of the other work as fit and
proper for integration with CONTRACTOR's Work except for latent or
nonapparent defects and deficiencies in the other work.
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Coordination:
7 .4. I f OWNER contracts with others for the performance of
other work on the Project at the site, the person or organization
who will have authority and responsibility for coordination of the
activities among the various prime contractors will be identified
in the Supplementary Conditions, and the specific matters to be
covered by such authority and responsibility will be itemized, and
the extent of such authority and responsibilities will be provided
in the Supplementary Conditions. Unless otherwise provided in the
Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have
any authority or responsibility in respect of such coordination.
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ARTICLE 8---0WNER'S RESPONSIBILITIES
8.1. Except as otherwise provided ln these General
Conditions, COUNTY shall issue all communications to CONTRACTOR
through the Project Manager or PROFESSIONAL.
8.2. In case of termination of the employment of
PROFESSIONAL, OWNER shall appoint a PROFESSIONAL against whom
CONTRACTOR makes no reasonable objection, whose status under the
Contract Documents shall be that of the former PROFESSIONAL. Any
dispute in connection with such appointment shall be subject to
arbitration.
8.3. OWNER shall furnjsh the data required of OWNER under the
Contract Documents promptly and shall make payments to CONTRACTOR
promptly after they are due as provided in paragraphs 14.4 and
14.13.
8.4. OWNER's duties in respect of providing lands and
easements and providing Engineering surveys to establish reference
points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2
refers to OWNER's identifying and making available to CONTRACTOR
copies of reports of explorations and tests of subsurface
conditions at the site and in existing structures which have been
utilized by PROFESSIONAL in preparing the Drawings and
Specifications.
8.5. OWNER's responsibilities in respect of purchasing and
maintaining liability and property insurance are set forth in
paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as indicated
in paragraph 10.3.
8.7.
inspections,
OWNER's responsibility in respect of certain
tests and approvals is set forth in paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or suspend
Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with
OWNER's right to terminate services of CONTRACTOR under certain
circumstances.
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ARTICLE 9---PROFESSIONAL'S STATUS DURING
CONSTRUCTION
Owner's Representative:
9.1. PROFESSIONAL will be OWNER's representative during the
construction period. The duties and responsibilities and the
limitations of authority of PROFESSIONAL as OWNER's representative
during construction are set forth in the Contract Documents and
shall not be extended without written consent of OWNER and
PROFESSIONAL.
Visits to Site:
9.2. PROFESSIONAL will make visits to the site at intervals
appropriate to the various stages of construction to observe the
premises and quality of the executed Work and to determine, in
general, if the Work is proceeding in accordance with the Contract
Documents. PROFESSIONAL will not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity of
the Work. PROFESSIONAL's efforts will be directed toward providing
for OWNER a greater degree of confidence that the completed Work
will conform to the Contract Documents. On the basis of such visits
and on-site observations as an experienced and qualified design
PROFESSIONAL, PROFESSIONAL will keep OWNER informed of the progress
of the Work and will endeavor to guard OWNER against defects and
deficiencies in the Work.
Project Representation:
9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will
furnish a Resident Project Representative to assist PROFESSIONAL in
observing the performance of the Work. The duties, responsibilities
and limitations of authority of any such Resident Project
Representative and assistants will be as provided in the
Supplementary Condi tions. I f OWNER designates another agent to
represent OWNER at the si te who is not PROFESSIONAL's agent or
employee, the duties, responsibilities and limitations of authority
of such other person will be as provided in the Supplementary
Conditions.
Clarifications and Interpretations:
9.4. PROFESSIONAL shall issue such written clarifications or
interpretations of the Contract Documents (in the form of Drawings
or otherwise) as may be determined necessary, or as reasonably
requested by CONTRACTOR, which shall be consistent with or
reasonably inferable from the overall intent of the Contract
Documents. ' If CONTRACTOR believes that a written clarification and
inte:rpre,tation enti ~:les it to.. ap.:, ip.Qrease iT) the Contract, Price, '.,
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and/or Contract Time, CONTRACTOR may make a claim as provided for
in Articles 11 or 12.
Authorized Variations ln Work:
9.5. PROFESSIONAL may authorize minor variations in the Work
from the requirements of the Contract Documents which do not
involve an adjustment in the Contract Price or the Contract Time
and are consistent with the overall intent of the Contract
Documents. These may be accomplished by a Field Order and will bc
binding on OWNER and also on CONTRACTOR who shall perform the Work
involved promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Contract Price or an extension of the
Contract Time and the parties are unable to agree as to the amount
or extent thereof, CONTRACTOR may make a claim therefor as provided
in Article 11 or 12.
Rejecting Defective Work:
9.6. PROFESSIONAL will have authority to disapprove or reject
Work which PROFESSIONAL believes to be defective and will also have
authority to require special inspection or testing of the Work as
provided in paragraph 13.9, whether or not the Work is fabricated,
installed or completed.
Shop Dra wings, Change Orders and Paymen ts :
9.7. In connection wi th PROFESSIONAL's responsibility for
Shop Drawings and samples, see paragraphs 6.23 through 6.29
inclusive.
9.8. In connection with PROFESSIONAL's responsibilities as to
Change Orders, see Articles 10, 11 and 12.
9.9. In connection with PROFESSIONAL's responsibilities in
respect of Applications for Payment, etc., see Article 14.
Determinations for Unit Prices:
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classifications of Unit Price Work performed by CONTRACTOR.
PROFESSIONAL will review wi th CONTRACTOR PROFESSIONAL's preliminary
determinations on such matters before rendering a written decision
thereon (by recommendation of an Application for Payment or
otherwise). PROFESSIONAL's written decisions thereon will be final
and binding upon OWNER and CONTRACTOR, unless, wi thin ten days
after the date of any such decision, either OWNER or CONTRACTOR
delivers to the other party to the Agreement and to PROFESSIONAL
written notice of intention tQ,appeal from such a decision~.
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Decisions on Disputes:
9.11. PROFESSIONAL will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and other
matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and claims
under Articles 11 and 12 in respect of changes m the Contract Price
or Contract Time will be referred initially to PROFESSIONAL in
writing with a request for a formal decision in accordance with
this paragraph, which PROFESSIONAL will render in writing within a
reasonable time. Written notice of each such claim, dispute and
other matter will be delivered by the claimant to PROFESSIONAL and
the other party to the Agreement promptly (but in no event later
than thirty days after the occurrence of the event giving rise
thereto) and written supporting data will be submitted to
PROFESSIONAL and the other party within sixty days after such
occurrence unless PROFESSIONAL allows an additional period of time
to ascertain more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, PROFESSIONAL will not show partiality to
OWNER or CONTRACTOR and will not be liable in connection with any
interpretation or decision rendered in good faith in such capacity.
The rendering of a decision by PROFESSIONAL pursuant to paragraphs
9.10 and 9.11 with respect to any such claim, dispute or other
matter (except any which have been waived by the making or
acceptance of final payment as provided in paragraph 14.16) will be
a condition precedent to any exercise by OWNER or CONTRACTOR of
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of any such
claim, dispute or other matter.
Limitations on PROFESSIONAL's Responsibilities:
9.13. Neither PROFESSIONAL's authority to act under this
Article or elsewhere in the Contract Documents nor any decision
made in good faith to exercise such authority shall give rise to
any duty or responsibility of PROFESSIONAL to CONTRACTOR, any
Subcontractor, any of their agents or employees.
9.14. PROFESSIONAL shall not be responsible for the
construction means, methods, techniques, sequences, or procedures
or the safety precautions and programs used. PROFESSIONAL shall
not be responsible for CONTRACTOR's failure to perform the Work in
accordance with the Contract Documents.
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9.15. PROFESSIONAL shall not be responsible for the acts or
omissions of CONTRACTOR, any Subcontractors, any agents or
employees, or any other persons performing any of the Work.
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ARTICLE lO--CHANGES IN THE WORK
10.1. without invalidating the Contract, OWNER may at any time
or from time to time order additions, deletions, or revisions in
the Work. The proj ect Manager shall provide CONTRACTOR wi th a
proposal request, identifying the Work to be added, deleted or
revised. Upon receipt, CONTRACTOR shall promptly submit a written
proposal for the changed work prepared in accordance with Articles
11 and 12. If the proposal request calls only for the deletion of
Work, the Project Manager may order the partial suspension of any
Work related to the proposed deletion, in which case CONTRACTOR
must cease performance as directed; CONTRACTOR shall not be
entitled to claim lost profits on deleted work. All changed Work
shall be executed under the applicable conditions of the Contract
Documents.
10.2. Additional Work performed by CONTRACTOR without
authorization of a Change Order will not entitle CONTRACTOR to an
increase in the Contract Price or an extension of the Contract
Time, except in the case of an emergency as provided in Article 6.
The effect of this paragraph shall remain paramount and shall
prevail irrespective of any conflicting provisions contained in
these Contract Documents.
10.3. Upon agreement as to changes in the Work to be
performed, Work performed in an emergency as provided in Article 6,
and any other claim of CONTRACTOR for a change in the Contract Time
or the Contract Price, PROFESSIONAL will prepare a written Change
Order to be signed by PROFESSIONAL and CONTRACTOR and submitted to
OWNER for approval.
10.4. In the absence of an agreement as provided in 10.3,
OWNER may, at its sole discretion, issue a Work Directive Change to
CONTRACTOR. Pricing of the Work Directive Change will be in
accordance with Section 11.3. The Work Directive Change will
specify a price, and if applicable a time extension, determined to
be reasonable by OWNER. If CONTRACTOR fails to sign such Work
Directive Change, CONTRACTOR may submit a claim in accordance with
Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated
to fully perform the work as directed by the Construction Change
Directive.
10.5. CONTRACTOR shall proceed diligently with performance of
the Work as directed by OWNER, regardless of pending ,claim actions,
unless otherwise agreed to in writing.
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10.6. If notice of any change affecting the general scope of
the Work or the provisions of the Contract Documents (including,
but not limited to, Contract Price or Contract Time) is required by
the provisions of any Bond to be given to a surety, the giving of
any such notice will be CONTRACTOR's responsibility, and the amount
of each applicable Bond will be adjusted accordingly.
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ARTICLE II-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compensation
(subject to written authorized adjustments) payable to CONTRACTOR
for performing the Work. All duties, responsibilities and
obligations assigned to or undertaken by CONTRACTOR shall be at
CONTRACTOR's expense without change in the Contract Price.
11.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an increase or
decrease in the Contract Price shall be based on written notice
delivered by the party making the claim to the other party and to
PROFESSIONAL promptly (but in no event later than thirty days)
after the occurrence of the event giving rise to the claim and
stating the general nature of the claim. Notice of the amount of
the claim with supporting data shall be delivered within sixty days
after such occurrence (unless PROFESSIONAL allows an additional
period of time to ascertain more accurate data in support of the
claim~ and shall be accompanied by claimant's written statement
that the amount claimed covers all known amounts (direct, indirect
and consequential) to which the claimant is entitled as a result of
the occurrence of said event. All claims for adjustment in the
Contract Price shall be determined by PROFESSIONAL in accordance
with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree
on the amount involved. No claim for an adjustment in the Contract
Price' will be valid if not submitted in accordance with this
paragraph 11.2.
11.3. The value of any Work covered by a Change Order or of
any claim for an adjustment in the Contract Price will be
determined by the following procedures:
11.3.1. Designated Unit Price (Field Measure). CONTRACTOR and
OWNER recognize and acknowledge that the quantities shown for those
items designated in the Bid Proposal as unit price items are
approximations prepared by OWNER for bid purposes and that the
actual compensation payable to CONTRACTOR for the utilization of
such items is based upon the application of unit prices to the
actual quantities of items involved as measured in the field and
required to complete the Work as originally defined in the Contract
Documents.
11.3.2. When it lS determined by OWNER that an addition,
deletion, or revision to the Work, as defined in these Contract
Documents, is required and affects the quantities required for
items designed in the Bid Proposal as unit price items, CONTRACTOR
and OWNER agree that the compensation payable to CONTRACTOR for
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such unit price items shall be adjusted accordingly by a Change
Order based upon the application of the appropriate unit prices
shown in the Bid Proposal to the quantity of the unit price item
required to complete the Work as defined in the Contract Documents.
11.3.3. Other Unit Prices. For items not designatep in the bid
proposal as unit prices, OWNER and CONTRACTOR may establish unit
prices as agreed on by Change Order.
11.3.4. Lump Sum. When it lS determined by OWNER that an
addi tion, deletion or revision to the Work is required which
results in a change in Work designated in the Bid Proposal as a
lump sum item, the amount of increase or decrease in the lump sum
price shall be established by mutual agreement of the parties.
11.3.5. If the pricing methods specified in 11.3 are
inapplicable, or if the parties are unable to agree on a prlce for
the changed work, a reasonable price for the same shall be
established by OWNER in accordance with 11.4 and 11.5. OWNER shall
then process a unilateral Change Order, specifying the said
reasonable price, in accordance with 11.4 through 11.6. CONTRACTOR
shall perform the Work as directed in the Change Order.
11.3.6. Failure on the part of CONTRACTOR to construct any
item to plan or authorized dimensions wi thin the specification
tolerances shall result in: reconstruction to acceptable tolerances
at no additional costs to OWNER; acceptance at no pay; or
acceptance at reduced final pay quantity or reduced unit price, all
at the discretion of OWNER. Determinations of aggregate monetary
change for items identified as lump sum quantities shall be made by
OWNER based upon an analysis of the scope of CONTRACTOR's failure
to construct to plan or authorized dimensions.
Cost of the Work:
11.4. The term Cost of the Work means the sum of all costs
necessarily incurred and paid by CONTRACTOR in the proper
performance of the Work. Except as otherwise may be agreed to in
writing by OWNER, such costs shall be in amounts no higher than
those prevailing in the locality of the Project, shall include only
the following items and shall not include any of the costs itemized
in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ of
CONTRACTOR in the performance of ' the Work under schedules of job
classifications agreed upon by OWNER and CONTRACTOR. Payroll costs
for employees not employed full time on the Work shall be
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apportioned on the basis of their time spent on the Work. Payroll
costs shall include, but not be limited to, salaries and wages plus
the cost of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, workers' or
workmen's compensation, health and retirement benefits, bonuses,
sick leave, vacation and holiday pay applicable thereto. Such
employees shall include superintendents and foremen at the site.
The expenses of performing Work after regular working hours, on
Saturday, Sunday or legal holidays, shall be included in the above
to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished and
incorporated in the Work, including costs of transportation and
storage thereof, and Suppliers' field services required in
connection therewith. All cash discounts shall accrue to CONTRACTOR
unless OWNER deposits funds with CONTRACTOR with which to make
payments, in which case the cash discounts shall accrue to OWNER.
Trade discounts, rebates and refunds and all returns from sale of
surplus materials and equipment shall accrue to OWNER, and
CONTRACTOR shall make provisions so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the Subcontractors for
Work performed by Subcontractors. If required by OWNER, CONTRACTOR
shall obtain competitive bids from Subcontractors acceptable to
CONTRACTOR and shall deliver such bids to OWNER who then
determines, with the advice of PROFESSIONAL, which bids will be
accepted. If a subcontract provides that the Subcontractor is to be
paid on the basis of Cost of the Work Plus a Fee, the
Subcontractor's Cost of the Work shall be determined in the same
manner as CONTRACTOR's Cost of the Work. All subcontracts shall be
subject to the other provisions of the Contract Documents insofar
as applicable.
11.4.4. Costs of special consultants (including but not
limited to PROFESSIONAL's architects, testing laboratories,
surveyors, attorneys and accountants) employed for services
specifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transportation, travel
and subsistence expenses of CONTRACTOR's employees incurred in
discharge of duties connected with the Work.
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11.4.5.2. Cost, including transportation and maintenance, of
all materials, supplies, equipment, machinery, appliances, office
and temporary facilities at the site and hand tools not owned by
the workers, which are consumed in the performance of the Work, and
cost less market value of such items used but not consumed which
remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and machinery
and the parts thereof whether rented from CONTRACTOR or others in
accordance with rental agreements approved by OWNER with the advice
of PROFESSIONAL, and the costs of transportation, loading,
unloading, installation, dismantling and removal there of all in
accordance with terms of said rental agreements. The rental of any
such equipment, machinery or parts shall cease when the use thereof
is no longer necessary for the Work.
11.4.5.4. Sales, consumer, use or similar taxes related to
the Work, and for which CONTRACTOR is liable, imposed by Laws and
Regulations.
11.4.5.5. Deposits lost for causes other than negligence of
CONTRACTOR, any Subcontractor or anyone directly or indirectly
employed by any of them or for whose acts any of them may be
liable, and royalty payments and fees for permits and licenses.
11.4.5.6. Losses and damages (and related expenses) ~ not
compensated by insurance or otherwise, to the Work or otherwise
sustained by CONTRACTOR in connection with the performance and
furnishing of the Work (except losses and damages wi thin the
deductible amounts of property insurance established by OWNER in
accordance with paragraph 5.6) provided they have resulted from
causes other than the negligence of CONTRACTOR, any Subcontractor,
or anyone directly or indirectly employed by any of them or for
whose acts any of them may be liable. Such losses shall include
settlements made with the written consent and approval of OWNER. No
such losses, damages and expenses shall be included in the Cost of
the Work for the purpose of determining CONTRACTOR's Fee. If,
however, any such loss or damage requires reconstruction and
CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid
for services a fee proportionate to that stated in paragraph
11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary facilities
at the site.
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11.4.5.8. Minor expenses such as telegrams, long distance
telephone calls, telephone service at the site, expressage and
similar petty cash items in connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds and insurance
required because of changes in the Work and premiums of property
insurance coverage wi thin the limits of the deductible amounts
established by OWNER in accordance with paragraph 5.6.
11.5. The term Cost of the Work shall not include any of the
following:
11.5.1. Payroll costs and other compensation of CONTRACTOR's
officers, executi ves, principals (of partnership and sole
proprietorships), general managers, PROFESSIONALS, architects,
estimators, attorneys, auditors, accountants, purchasing and
contracting agents, expeditors, timekeepers, clerks and other
personnel employed by CONTRACTOR whether at the site or in
CONTRACTOR's principal or a branch office for general
administration of the Work and not specifically included in the
agreed upon schedule of job classifications referred to in
paragraph 11.4.1 or specifically covered by paragraph 11.4.4 all of
which are to be considered administrative costs covered by
CONTRACTOR's Fee.
11.5.2. Expenses of CONTRACTOR's principal area branch
offices other than CONTRACTOR's office at the site.
11.5.3. Any part of CONTRACTOR's capital expenses, including
interest on CONTRACTOR'S capital used for the Change Order Work and
charges against CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all insurance
whether or not CONTRACTOR is required by the Contract Documents to
purchase and maintain the same (except for the cost of premiums
covered by subparagraph 11.4.5.9 above).
11.5.5. Costs due to the negligence of CONTRACTOR, any
Subcontractor, or anyone directly or indirectly, employed by any of
them or for whose acts any of them may be liable, including but not
limited to, the correction of defective Work, disposal of materials
or equipment wrongly supplied and making good any damage to
property.
11'.5.6. Other overhead or general expense costs of any kind
and the costs of any item not specifically and expressly included
in paragraph 11.4.
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CONTRACTOR's Fee:
11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and
profit shall be determined as follows:
11.6.1.
agreed upon;
a mutually acceptable fixed fee, or if none can be
11.6.2. a fee based on the following percentages of the
various portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1 and
11.4.2, CONTRACTOR's Fee shall be fifteen percent,
11.6.2.2. for costs incurred under paragraph 11.4.3,
CONTRACTOR's Fee shall five percent; and if a subcontract is on the
basis of Cost of the Work Plus a Fee, the maximum allowable to
CONTRACTOR on account of overhead and profit of all Subcontractors
shall be fifteen percent,
11.6.2.3. no fee shall be payable on the basis of costs
itemized under paragraphs 11.4.4, 11.4.5 and 11.3,
11.6.2.4. the amount of credit to be allowed by CONTRACTOR to
OWNER for any such change which results in a net decrease in cost
will be the amount of the actual net decrease plus a deduction in
CONTRACTOR's Fee by an amount equal to ten percent of the net
decrease, and.
11.6.2.5. when both additions and credits are involved in any
one change, the adjustment in CONTRACTOR's Fee shall be computed on
the basis of the net change in accordance with paragraphs 11.6.2.1
through 11.6.2.4, inclusive,
11.7. For all changes, CONTRACTOR shall submit an itemized
cost breakdown, together with supporting data in such detail and
form as prescribed by the Project Manager. When a credit is due,
the amount of credit to be allowed by CONTRACTOR to OWNER for any
such change which results in a net decrease in cost will be the
amount of the actual net decrease in direct cost as determined by
the Project Manager, plus the applicable reduction in overhead and
profi t. When both addi tions and credits are involved in any
change, the combined overhead and profit shall be calculated on the
basis of the net change, whether an increase or decrease. In any
event, the minimum detail shall be an itemization of all man-hours
required by discipline/trade with the unit cost per man-hour and
total labor price, labor burden, equipment hours and rate for each
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plece of equipment, material by units of measure and price per
unit, other costs specifically itemized, plus the overhead and
profit markup.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included in the
Contract Price all allowances so named in the Contract Documents
and shall cause the Work so covered to be done by such
Subcontractors or Suppliers and for such sums within the limit of
the allowances as may be acceptable to PROFESSIONAL, CONTRACTOR
agrees that:
11.8.1. The allowances include the cost to CONTRACTOR (less
any applicable trade discounts) of materials and equipment required
by the allowances to be delivered at the site, and all applicable
taxes; and
11.8.2. CONTRACTOR's costs for unloading and handling on the
site, labor, installation costs, overhead, profit and other
expenses contemplated for the allowances have been included in the
Contract Price and not in the allowances. No demand for additional
payment on account of any thereof will be valid.
Prior to final payment, an appropriate Change Order will be issued
as recommended by PROFESSIONAL to reflect actual amounts due
CONTRACTOR on account of Work covered' by allowances, and the
Contract Price shall be correspondingly adjusted.
Unit Price Work:
11.9.1. Where the Contract Documents provide that all or part
of the Work is to be Unit Price Work, initially the Contract Price
will be deemed to include for all Unit Price Work an amount equal
to the sum of the established unit prices for each separately
identified item of Unit Price Work times the estimated quantity of
each item as indicated in the Agreement. The estimated quantities
of items of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining an initial
Contract Price. Determinations of the actual quantities and
classifications of Unit Price Work performed by CONTRACTOR will be
made by PROFESSIONAL in accordance with Paragraph 9.10.
11.9.2. Each unit price will be deemed to include an amount
considered by CONTRACTOR to be adequate to cover CONTRACTOR's
overhead and profit for each separately identified item.
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11.9.3. Where the quantity of any item of Unit Price Work
performed by CONTRACTOR differs materially and significantly from
the estimated quantity of such item indicated in the Agreement and
there is no corresponding adjustment with respect to any other item
of Work and if CONTRACTOR believes that CONTRACTOR has incurred
additional expense as a result thereof, CONTRACTOR may make a claim
for an increase in the Contract Price in accordance with Article 11
if the partes are unable to agree as to the amount of any such
increase.
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ARTICLE 12--CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed by a Change
Order. Any request for an extension in the Contract Time shall be
made in writing and delivered to PROFESSIONAL and Project Manager
within seven (7) calendar days of the occurrence first happening
and resul ting in the claim. Written supporting data will be
submitted to PROFESSIONAL and Project Manager within fifteen (15)
calendar days after such occurrence unless the proj ect Manager
allows additional time. All claims submitted by CONTRACTOR for
adjustments to the Contract Time must set forth in detail the
reasons for and causes of the delay and clearly indicate why the
subject delay was beyond CONTRACTOR's control or fault.
12.2. If CONTRACTOR is delayed at any time in the performance,
progress, commencement, or completion of the Work by any act or
neglect of OWNER or PROFESSIONAL, or by an employee of either, or
by any separate CONTRACTOR employed by OWNER, or by changes ordered
in the Work, or by labor disputes, fire, unavoidable casualties,
utility conflicts which could not have been identified or foreseen
by CONTRACTOR using reasonable diligence, or any causes beyond
CONTRACTOR's control or fault, then the Contract Time shall be
extended by Change Order for such reasonable time as OWNER may
determine. CONTRACTOR shall be entitled to an extension of time
for such causes only for the number of days of delay which OWNER
may determine to be due solely to such causes and only to the
extent such occurrences actually delay the completion of the Work
and then only if CONTRACTOR shall have strictly complied with all
the requirements of the Contract Documents. Provided, however,
notwithstanding anything in the Contract Documents to the contrary,
no interruption, interference, inefficiency, suspension or delay in
the performance, progress, commencement or completion of the Work
for any cause whatsoever, including those for which OWNER or
PROFESSIONAL may be responsible in whole or in part, shall relieve
CONTRACTOR of its duty to perform or give rise to any right to
damages or additional compensation from OWNER. CONTRACTOR's sole
and exclusive remedy against OWNER for interruption, interference,
inefficiency, suspension or delay of any aspect of the Work shall
be the right to seek an extension to the Contract Time in
accordance with the procedures set forth herein.
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ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS:
CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee:
13.1. CONTRACTOR warrants and guarantees to OWNER that all
materials and equipment will be new unless otherwise specified and
that all work will be of good quality, performed in a workmanlike
manner, free from faults or defects, and in accordance with the
requirements of the Contract Documents and any inspections, tests,
or approvals referred to in this Article. All unsatisfactory Work,
all faulty Work and all Work not conforming to the requirements of
the Contract Documents or such inspections, tests, approvals, or
all applicable building, construction and safety requirements shall,
be considered defective. Notice of all defects shall be given to
CONTRACTOR by PROFESSIONAL. All defective work, whether or not in
place, may be rejected, corrected, or accepted as provided in this
Article.
Access to Work:
13.2. For the duration of the Work, PROFESSIONAL and its
representatives, other designated representatives of OWNER, and
authorized representatives of any regulatory agency shall at all
times be given access to the Work. CONTRACTOR shall provide proper
faciliiies for such access and observation of the Work and also for
any inspection or testing by others.
Tests and Inspections:
13.3. If the Contract Documents, laws, ordinances, rules,
regulations or orders of any public authority having jurisdiction
require any Work to specifically be inspected, tested, or approved
by someone other than CONTRACTOR, CONTRACTOR shall gi ve
PROFESSIONAL timely notice of readiness therefore.
13.4. The testing firm(s) (if assigned by OWNER to this Work)
and all such inspections, tests, or approvals provided for by OWNER
shall be identified in writing by PROFESSIONAL to CONTRACTOR. All
other inspections, tests or approvals shall be at CONTRACTOR's
expense including additional expenses for inspection and tests
required as a result of delays by CONTRACTOR or hours worked in
excess of 40 hours per week. For all required inspections, tests,
and approvals on any Work prepared, performed, or assembled away
from the site, CONTRACTOR will furnish PROFESSIONAL with the
required Certificates of Inspection, testing, or approval. All
such tests will be in accordance with the methods prescribed by the
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organizations as may be required by law or the Contract Documents.
Materials or Work in place that fail to pass acceptability tests
shall be retested at the direction of PROFESSIONAL and at
CONTRACTOR's expense.
13.5. All inspections, tests or approvals other than those
required by Laws or Regulations of any public body having
jurisdiction shall be performed by organizations acceptable to
OWNER and CONTRACTOR (or by PROFESSIONAL if so specified).
13.6. If any Work (including the work of others) that is to
be inspected, tested or approved is covered without written
concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL,
be uncovered for observation. Such uncovering shall be at
CONTRACTOR's expense unless CONTRACTOR has given PROFESSIONAL
timely notice of CONTRACTOR's intention to cover the same and
PROFESSIONAL has not acted with reasonable promptness in response
to such notice.
13.7. Neither observations by PROFESSIONAL or proj ect Manager
nor inspections, tests, or approvals by persons other than
CONTRACTOR shall relieve CONTRACTOR of its obligations to perform
the Work in accordance with the requirements of the Contract
Documents.
Uncovering Work:
13.8. If any Work required to be inspected, tested or
approved is covered prior thereto without the prior written
approval of PROFESSIONAL, or if any Work is covered contrary to the
request of PROFESSIONAL, the Work shall, if requested by
PROFESSIONAL, be uncovered for observation, inspection, testing or
approval and replaced at CONTRACTOR's expense.
13.9. I f PROFESS IONAL considers it necessary or advisable
that covered Work be observed by PROFESSIONAL or inspected or
tested by others, CONTRACTOR, at PROFESSIONAL's request, shall
uncover, expose or otherwise make available for observation,
inspection or testing as PROFESSIONAL may require, that portion of
the Work in question, furnishing all necessary labor, material and
equipment. If it is found that such Work is defective, CONTRACTOR
shall bear all direct and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory
reconstruction (including but not limited to fees and charges of
PROFESSIONALs, architects, attorneys and other PROFESSIONALs), and
OWNER shall be entitled to an appropriate decrease in the Contract
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Price and, if the parties are unable to agree as to the amount
thereof, owner may make a claim therefor as provided in Article 11.
If, however, such Work is not found to be defective, CONTRACTOR
shall be allowed an increase in the Contract Price or an extension
of the Contract Time, or both, directly attributable to such
uncovering, exposure, observation, inspection, testing and
reconstruction, and, if the parties are unable to agree as to the
amount or extent thereof, CONTRACTOR may make a claim therefor as
provided in Articles 11 and 12.
Owner May stop the Work:
13.10. When Work is defective or when CONTRACTOR fails to
supply sufficient skilled workmen or suitable materials or
equipment or make prompt payments to Subcontractors for labor,
materials, or equipment or if CONTRACTOR violates any provisions of
these Contract Documents, OWNER may order CONTRACTOR to stop the
Work until the cause for such order has been eliminated. However,
this right of OWNER to stop the Work shall not give rise to any
duty on the part of OWNER to exercise this right for the benefit of
CONTRACTOR or any other party. CONTRACTOR shall have no right to
claim an increase in the Contract Price or Contract Time or other
damages for a stop work order under this paragraph.
Correction or Removal of Defective Work:
13.11. When directed by PROFESSIONAL, CONTRACTOR shall
promptly, without cost to OWNER and as specified by PROFESSIONAL,
either correct the defective Work whether fabricated, installed, or
completed, or remove it from the site and replace it with non-
defective Work. If CONTRACTOR does not correct such defective Work
or remove and replace such defective Work within a reasonable time,
as specified in a written notice from PROFESSIONAL, OWNER may have
the deficiency corrected. All direct and indirect costs of such
correction shall be paid by CONTRACTOR or deducted from payment to
CONTRACTOR. CONTRACTOR will also bea~ the expense of correcting or
removing and replacing all Work of others destroyed or damaged by
the correction, removal, or replacement of the defective Work.
One Year Correction Period:
13.12. If, after approval of final payment and prior to the
expiration of one year after the date of substantial completion or
such longer period of time as may be prescribed by law or by the
terms of any applicable special guarantee required by the Contract
Documents, any Work or materials are found to be defective,
incomplete, or otherwise not in accordance wi th the Contract
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Documents, CONTRACTOR shall promptly, without cost to OWNER and in
accordance with OWNER's written instructions, either correct such
defective Work or if it has been rejected by OWNER, remove it from
the Site and replace it with non-defective Work. If CONTRACTOR
does not promptly comply with the terms of such instructions, OWNER
may have the defective Work corrected, removed, or replaced. All
direct, indirect and consequential costs of such removal and
replacement (including but not limited to fees and charges of
engineers, architects, attorneys and other PROFESSIONALs) will be
paid by CONTRACTOR.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to PROFESSIONAL's
recommendation of final payment, also PROFESSIONAL) prefers to
accept it, OWNER may do so. CONTRACTOR shall bear all direct,
indirect and consequential costs attributable to OWNER's evaluation
of and determination to accept such defective Work (such costs to
be approved by PROFESSIONAL as to reasonableness and to include but
not be limited to fees and charges of PROFESSIONALs, architects,
attorneys and other PROFESSIONALs). If any such acceptance occurs
prior to PROFESSIONAL's recommendation of final payment, a Change
Order will be issued incorporating the necessary revisions in the
Contrac~ Documents with respect to the Work, and OWNER shall be
entitled to an appropriate decrease in the Contract Price, and, if
the parties are unable to agree as to the amount thereof, mJNER may
make a claim therefor as provided in Article 11. If the acceptance
occurs after such recommendation, an appropriate amount will be
paid by CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time after
written notice of PROFESSIONAL to proceed to correct defective Work
or'to remove and replace rejected Work as required by PROFESSIONAL
in'accordance with paragraph 13.11, or if CONTRACTOR fails to
perform the Work in accordance with the Contract Documents, or if
CONTRACTOR falls to comply with any other provision of the Contract
Documents, OWNER may, after seven days' written notice to
CONTRACTOR, correct and remedy any such deficiency. In exercising
the rights and remedies under this paragraph, OWNER shall proceed
expeditiously, to the extent necessary to complete corrective and
remedial action. OWNER may exclude CONTRACTOR from all or part of
the site, take possession of all or part of the Work, and suspend
CONTRACTOR's services related thereto, take possession of
CONTRACTOR's tools, appliances, construction equipment and
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machinery at the site and incorporate in the Work all materials and
equipment stored at the site or for which OWNER has paid CONTRACTOR
but which are stored elsewhere. CONTRACTOR shall allow OWNER,
OWNER's representatives, agents and employees such access to the
site as may be necessary to enable OWNER to exercise the rights and
remedies under this paragraph. All direct, indirect and
consequential costs of OWNER in exercising such rights and remedies
will be charged against CONTRACTOR in an amount approved as to
reasonableness by PROFESSIONAL, and a Change Order will be issued
incorporating the necessary revisions in the Contract Documents
wi th respect to the Work, and OWNER shall be entitled to an
appropriate decrease in the Contract Price, and, if the parties are
unable to agree as to the amount thereof, OWNER may make a claim
therefor as provided in Article 11. Such direct, indirect and
consequential costs will include, but not be limited to, fees and
charges of PROFESSIONALs, architects, attorneys 'and other
PROFESSIONALs, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction,
removal or replacement of CONTRACTOR's defective Work. CONTRACTOR
shall not be allowed an extension of the Contract Time because of
any delay in performance of the Work attributable to the exercise
by OWNER of OWNER's rights and remedies hereunder.
Neglected Work by CONTRACTOR
-13.15. If CONTRACTOR neglects to execute the Work in
accordance with the Contract Documents, including any requirements
of the progress schedule, PROFESSIONAL may direct CONTRACTOR to
submit a recovery plan and take specific corrective actions
including, but not limited to, employing additional workmen and/or
equipment, and working extended hours and additional days, all at
no cost to OWNER in order to put the Work back on schedule. If
CONTRACTOR fails to correct the deficiency or take appropriate
corrective action, OWNER may terminate the contract or CONTRACTOR's
right to proceed with that portion of Work and have the Work done
by others. The cost of completion under such procedure shall be
charged against CONTRACTOR. A Change Order shall be issued
incorporating the necessary revisions in the Contract Documents,
including an appropriate reduction in the Contract Price. If the
payments due CONTRACTOR are not sufficient to cover such amount,
CONTRACTOR shall pay the difference to OWNER.
13.16. Should CONTRACTOR work overtime, weekends or holidays
to regain the schedule, all costs to OWNER of associated
inspection, construction management and resident PROFESSIONALs
shall be identified to CONTRACTOR and the Contract Price reduced by
a like amount via Change Order.
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ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in 2.9
will serve as the basis for progress payments and will be
incorporated into a form of application for Payment acceptable to
Project Manager. Progress payments on account of Unit Price Work
will be based on the number of units completed.
Application for Progress Payment:
14.2. At least twenty (20) calendar days before the date
established for each progress payment (but not more often than once
a month), CONTRACTOR shall submit to PROFESSIONAL for review an
application for Payment filled out and signed by CONTRACTOR
covering the work completed as of the date of the application and
accompanied by such supporting documentation as is required by the
Contract Documents. If payment is requested on the basis of
materials and equipment not incorporated in the Work but delivered
and suitably stored at the site or at another location agreed to in
writing, the Application for Payment shall also be accompanied by
a bill of sale, invoice or other documentation warranting that
OWNER has received the materials and equipment free and clear of
all liens and evidence that the materials and equipment are covered
by appropriate property insurance and other arrangements to protect
OWNER's interest therein, all of which will be satisfactory to
OWNER. Payment is subject to a ten percent (10%) retainage that
will be held until the final payment or acceptance by OWNER. The
amount of retainage with respect to progress payments will be as
stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title to all
Work, materials and equipment covered by any Application for
Payment, whether incorporated in the Project or not, will pass to
OWNER no later than the time of payment free and clear of all
Liens.
Review of Applications for Progress Payment:
14.4. PROFESSIONAL will, within ten (10) calendar days after
receipt of each Application for Payment, either indicate in writing
a recommendation of payment and present the application to OWNER,
or return the application to CONTRACTOR indicating in writing
PROFESSIONAL's reasons for refusing to recommend payment. In the
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resubmit the application. OWNER shall, within thirty-one calendar
days of presentation to him of the application for payment with
PROFESSIONAL's recommendation of the amount for payment, pay
CONTRACTOR amount recommended.
14.5. PROFESSIONAL's recommendation of any payment requested
in an Application for Payment will constitute a representation by
PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site observations
of the Work in progress as an experienced and qualified design
PROFESSIONAL and on PROFESSIONAL's review of the Application for
Payment and the accompanying data and schedules, that the Work has
pro0ressed to the point indicated; that, to the best of
PROFESSIONAL's knowledge, information and belief, the quality~ of
the Work is in accordance with the Contract Documents subject to an
evaluation of the Work as a functioning whole prior to or upon
Substantial Completion, to the results of any subsequent tests
called for in the Contract Documents, to a final determination of
quantities and classifications for Unit Price Work under paragraph
9.10., and to any other qualifications stated in the
recommendation; and that CONTRACTOR is entitled to payment of the
amount recommended. However, by recommending any such payment,
PROFESSIONAL will not thereby be deemed to have represented that
exhausti ve or continuous on-site inspections have been made to
check the quality or the quantity of the Work beyond the
responsibili ties specifically assigned to PROFESSIONAL in the
Contract Documents or that there may not be other matters or issues
between the parties that might entitle CONTRACTOR to be paid
additionally by OWNER or OWNER to withhold payment to CONTRACTOR.
14.6. PROFESSIONAL's recommendation of final payment will
constitute an additional representation by PROFESSIONAL to OWNER
that the conditions precedent to CONTRACTOR's being entitled to
final payment as set forth in paragraph 14.13 have been fulfilled.
14.7. PROFESSIONAL may refuse to recommend the whole or any
part of any payment if, in PROFESSIONAL's opinion, it would be
incorrect to make such representations to OWNER. PROFESSIONAL may
also refuse to recommend any such payment, or, because of
subsequently discovered evidence or the results of subsequent
inspections or tests, nullify any such payment previously
recommended, to such extent as may be necessary in PROFESSIONAL's
opinion to protect OWNER from loss because:
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14.7.1. the Work is defective, or completed Work has been
damaged requiring correction or replacement.
14.7.2. the Contract Price has been reduced by Written
Amendment or Change Order.
14.7.3. OWNER has been required to correct defective Work or
complete Work in accordance with paragraph 13.14. or
14.7.4. of PROFESSIONAL's actual knowledge of the occurrence
of any of the events enumerated in paragraphs 15.2.1 through 15.2.9
inclusive.
OWNER may refuse to make payment of the full amount recommended by
PROFESSIONAL because claims have been made against OWNER on account
of CONTRACTOR's performance or furnishing of the Work or Liens have
been filed in connection with the Work or there are other items
entitling OWNER to a set-off against the amount recommended, but
OWNER must give CONTRACTOR immediate written notice (with a copy to
PROFESSIONAL) stating the reasons for such action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work ready for its
intende.9. use, CONTRACTOR shall notify OWNER and PROFESSIONAL in
writing that the entire Work is substantially complete (except for
items specifically listed by CONTRACTOR as incomplete) and request
that PROFESSIONAL issue a certificate of Substantial Completion.
Within a reasonable time thereafter, OWNER, CONTRACTOR and
PROFESSIONAL shall make an inspection of the Work to determine the
status of completion. If PROFESSIONAL does not consider the Work
substantially complete, PROFESSIONAL will notify CONTRACTOR in
writing giving the reasons therefor. If PROFESSIONAL considers the
Work substantially complete, PROFESSIONAL will prepare and deliver
to OWNER a tentative certificate of Substantial Completion which
shall fix the date of Substa:!1tial Completion. There shall be
attached to the certificate a tentative list of items to be
completed or corrected before final payment. OWNER shall have seven
days after receipt of the tentative certificate during which to
make written objection to PROFESSIONAL as to any provisions of the
certificate or attached list. If, after considering such
obj ections, PROFESS IONAL concludes that the Work is not
substantially complete, PROFESSIONAL will wi thin fourteen days
after submission of the tentative certificate to OWNER notify
CONTRACTOR in writing stating the reasons therefor. If, after
consideration of OWNER's obj ections, PROFESSIONAL considers the
Work substantially complete, PROFESSIONAL will within said fourteen
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days execute and deliver to OWNER and CONTRACTOR a definitive
certificate of Substantial Completion (with a revised tentative
list of items to be completed or corrected) reflecting such changes
from the tentative certificate as PROFESSIONAL believes justified
after consideration of any objections from OWNER. At the time of
delivery of the tentative certificate of Substantial Completion
PROFESSIONAL will deliver to OWNER and CONTRACTOR a w.ritten
recommendation as to division of responsibilities pending final
payment between OWNER and CONTRACTOR with respect to security,
operation, safety, maintenance, heat, utilities, insurance and
warranties. Unless OWNER and CONTRACTOR agree otherwise in writing
and so inform PROFESSIONAL prior to PROFESSIONAL's issuing the
definitive certificate of Substantial Completion, PROFESSIONAL's
aforesaid recommendation will be binding on OWNER and CONTRACTOR
until final payment.
14.9. OWNER shall have the right to exclude CONTRACTOR from
the Work after the date of Substantial Completion, but OWN-ER shall
allow CONTRACTOR reasonable access to complete or correct items on
the tentative list.
Partial Utilization:
14.10. Use by OWNER at OWNER's option of any substantially
completed part of the Work which (i) has specifically been
identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL,
and CONTRACTOR agree constitutes a separately functioning and
usable part of the Work that can be used by OWNER for its intended
purpose without significant interference with CONTRACTOR's
performance of the remainder of the Work, may be accomplished prior
to Substantial Completion of all the Work subject to the following:
14.10.1. OWNER at any time may request CONTRACTOR in writing
to permi t OWNER to use any such part of the Work which OWNER
believes to be ready for its intended use and substantially
complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER
and PROFESSIONAL that said part of the Work is substantially
complete and request PROFESSIONAL to issue a certificate ,of
Substantial Completion for that part of the Work. CONTRACTOR at any
time may notify OWNER and PROFESSIONAL in writing that CONTRACTOR
considers any such part of the Work ready for its intended use and
substantially complete and request PROFESSIONAL to issue a
certificate of Substantial Completion for that part of the Work.
Within a reasonable time after either such request, OWNER,
CONTRACTOR and PROFESSIONAL shall make an inspection of that part
of the Work to determine its status of completion. If PROFESSIONAL
does not consider that part of the Work to be substantially
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complete, PROFESSIONAL will notify, OWNER and CONTRACTOR, in
wri ting, giving the reasons therefor. I f PROFESS IONAL considers
that part of (the Work to be substantially complete, the provisions
of paragraphs 14.8 and 14.9 will apply with respect to
certification of Substantial Completion of that part of the Work
and the division of responsibility in respect thereof and access
thereto.
14.10.2. OWNER may at any time request CONTRACTOR in writing
to permit OWNER to take over operation of any such part of the Work
although it is not substantially complete. A copy of such request
will be sent to PROFESSIONAL and, within a reasonable time
thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an
inspection of that part of the 'Work to determine its status of
completion and PROFESSIONAL will prepare a list of the items
remaining to be completed or corrected thereon before final
payment. If CONTRACTOR does not object in writing to OWNER and
PROFESSIONAL that such part of the Work is not ready for separate
operation by OWNER, PROFESSIONAL will finalize the list of items to
be completed or corrected and will deliver such list to OWNER and
CONTRACTOR together with a written recommendation as to the
division of responsibilities pending final payment between OWNER
and CONTRACTOR with respect to security, operation, safety,
maintenance, utilities, insurance, warranties and guarantees for
that part of the Work which will become binding upon OWNER and
CONTRACTOR at the time when OWNER takes over such operation (unless
they shall have otherwise agreed in writing and so informed
PROFESSIONAL). During such operation and prior to Substantial
Completion of such part of the Work, OWNER shall allow CONTRACTOR
reasonable access to complete or correct items on said list and to
complete other related Work.
14.10.3. No occupancy or separate operation of part of the
Work will be accomplished prior to compliance with the requirements
of paragraph 5.15 in respect of property insurance.
14.10.4. OWNER, may at its discretion, reduce the amount of
retainage subject to Beneficial Occupancy.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the entire
Work or an agreed portion thereof is complete, PROFESSIONAL will
make a final inspection with OWNER and CONTRACTOR and will notify
CONTRACTOR in writing of all particulars in which this inspection
reveals that the Work is incomplete or defective. CONTRACTOR shall
immediately take such measures as are necessary to remedy such
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deficiencies.
Final Application for Payment:
14.12. After CONTRACTOR has completed all such corrections to
the satisfaction of PROFESSIONAL and OWNER and delivered in
accordance with the Contract Documents all maintenance and
operating instructions, schedules, guarantees, bonds, certificates
or other evidence of insurance required by 5.2, certificates of
inspection, marked-up record documents and other documents,
CONTRACTOR may make application for final payment following the
procedure for progress payments. The final Application for Payment
shall be accompanied (except as previously delivered) by: (i) all
documentation called for in the Contract Documents, including but
not limited to the evidence of insurance required, (ii) consent of
the surety, if any, to final payment, and (iii) complete and
legally effective releases or waivers (satisfactory to OWNER) of
all liens arising out of or filed in connection with the Work. In
lieu of such releases or waivers of liens and as approved by
County, CONTRACTOR may furnish receipts or release in full and an
affidavit of CONTRACTOR that (i) the releases and receipts include
all labor, services, material and equipment for which a lien could
be filed, and (ii) all payrolls, material and equipment bills and
other indebtedness connected with the Work for which OWNER or
OWNER's, property might in any way be responsible have been paid or
otherwise satisfied. If any Subcontractor or supplier fails to
furnish such a release or receipt in full, CONTRACTOR may furnish.
a bond or other collateral satisfactory to OWNER to indemnify OWNER
against any lien.
14.12.1. No application for final payment will be accepted by
OWNER until approved as-built documents by CONTRACTOR are accepted
and approved by PROFESSIONAL.
14.12.2. Notwithstanding any other provision of these
contract documents to the contrary" OWNER and PROFESSIONAL are
under no duty or obligation whatsoever to any vendor, materials
provider, Subcontractor, laborer or other party to ensure that
payments due and owing by CONTRACTOR to any of them are or will be
made. Such parties shall rely only on CONTRACTOR's surety bonds
for remedy of nonpayment by him. CONTRACTOR agrees to defend and
resolve all claims made by Subcontractors, indemnifying OWNER and
PROFESSIONAL for all claims arising from or resulting from
Subcontractor or supplier or material men or laborer services in
connection with this project.
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14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER
and PROFESSIONAL for any damages sustained, including lost profits,
resulting from CONTRACTOR's failure or refusal to perform the work
required by these contract documents.
Final Payment and Acceptance:
14.13. If, on the basis of PROFESSIONAL's observation of the
Work during construction and final inspection and PROFESSIONAL's
review of the final Application for Payment and accompanying
documentation as required by the Contract Documents, PROFESSIONAL
is satisfied that the Work has been completed and CONTRACTOR's
other obligations under the Contract Documents have been fulfilled,
, PROFESSIONAL will, within ten (10) working days after receipt of
the final Application for Payment, indicate in writing
PROFESSIONAL's recommendation of payment and present the
Application to OWNER for payment. At the same time PROFESSIONAL
will also give written notice to OWNER and CONTRACTOR that the Work
is acceptable subj ect to the provisions of 14.6. Otherwise,
PROFESSIONAL will return the application to CONTRACTOR, indicating
in writing the reasons for refusing to recommend final payment, in
which case CONTRACTOR shall make the necessary corrections and
resubmit the Application. After the presentation to OWNER of the
application and accompanying documentation, in appropriate form and
substan,ce and with PROFESSIONAL's recommendation and notice of
acceptability, the amount recommended by PROFESSIONAL will become
due and will be paid by OWNER to CONTRACTOR.
14.14. If, through no fault of CONTRACTOR, final completion
of the Work is s,ignificantly delayed and if PROFESSIONAL so
confirms, OWNER shall, upon receipt of CONTRACTOR's final
Application for Payment and recommendation of PROFESSIONAL and
without terminating the Agreement, make payment of the balance due
for that portion of the Work fully completed and accepted. If the
remaining balance to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the Contract
and if bonds have been furnished as required in Article 5, the
written consent of the surety to the payment of the balance due for
that portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to PROFESSIONAL with the application for
such payment. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not
constitute a waiver of claims.
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CONTRACTOR's Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and complete the
Work in accordance with the Contract Documents shall be absolute.
Neither recommendation of any progress or final payment by
PROFESSIONAL, nor the issuance of a certificate of Substantial
Completion, nor any. payment by OWNER to CONTRACTOR under the
Contract Documents, nor any use or occupancy of the Work or any
part thereof by OWNER, nor any act of acceptance by OWNER nor any
failure to do so, nor any review and approval of a Shop Drawing or
sample submission, nor the issuance of a notice of acceptability by
PROFESSIONAL pursuant to paragraph 14.13., nor any correction of
defective Work by OWNER will constitute an acceptance of Work not
in accordance with the Contract Documents or a release of
CONTRACTOR's obligation to perform the Work in accordance with the
Contract Documents (except as provided in paragraph 14.16).
Waiver of Claims:
14.16.
constitute:
The making and acceptance of final payment will
14.16.1. A waiver of all claims by OWNER against CONTRACTOR,
except claims arising from unsettled liens, from defective Work
appearing after final inspection pursuant to 14.11 from failure to
comply with the Contract Documents or the terms of any special
guarantees specified therein, or from CONTRACTOR's continuing
obligations under the Contract Documents; and
14.16.2. A waiver of all claims by CONTRACTOR against OWNER
other than those previously made in writing and still unsettled.
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ARTICLE 15--SUSPENSION OF WORK AND
TERMINATION
Owner 'May Suspend Work:
15.1. OWNER may, at any time and without cause, suspend the
Work or any portion thereof for a period of not more than ninety
days by notice in writing to CONTRACTOR and PROFESSIONAL which will
fix the date on which Work will be resumed. CONTRACTOR shall resume
the Work on the date so fixed. CONTRACTOR shall be allowed an
adjustment in the Contract Price or an extension of the Contract
Time, or both, directly attributable to any suspension if
CONTRACTOR makes an approved,claim therefor as provided in Articles
11 and 12.
Termination For Cause:
15.2. Upon the occurrence of anyone or more of the following
events:
15.2. 1. if CONTRACTOR commences a voluntary case under any
chapter of the Bankruptcy Code (Title 11, United States Code), as
now or hereafter in effect, or if CONTRACTOR takes any equivalent
or similar action by filing a petition or otherwise under any other
federal or state law in effect at such time relating to the
bankruptcy or insolvency;
15.2.2. if a petition is filed against CONTRACTOR under any
chapter of the Bankruptcy Code as now or hereafter in effect at the
time of filing, or if a petition is filed seeking any such
equivalent or similar relief against CONTRACTOR under any other
federal or state law in effect at the time relating to bankruptcy
or insolvency;
15.2.3. if CONTRACTOR makes a general assignment for the
benefit of creditors;
15.2.4. if a trustee, receiver, custodian or agent of
CONTRACTOR is appointed under applicable law or under contract,
whose appointment or authority to take charge of property of
CONTRACTOR is for the purpose of enforcing a Lien against such
property or for the purpose of general administration of such
property for the benefit of CONTRACTOR's creditors;
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15.2.5. if CONTRACTOR admits in writing an lnability to pay
its debts generally, as they become due;
15.2.6. if CONTRACTOR fails to perform the Work in accordance
with the Contract Documents (including, but not limited to,
failure to supply sufficient skilled workers or suitable materials
or equipment or failure to adhere to the progress schedule
established under paragraph 2.9 as revised from time to time);
15.2.7. if CONTRACTOR disregards Laws or Regulations of any
public body having jurisdiction;
15.2.8.
PROFESSIONAL;
if
or
CONTRACTOR
disregards
the
authority of
15.2.9. if CONTRACTOR otherwise violates ln any substantial
way any provisions of the Contract Documents,
OWNER may, after giving CONTRACTOR (and the surety, if there be
one) seven days' written notice and to the extent permitted by Laws
and Regulations, terminate the services of CONTRACTOR, exclude
CONTRACTOR from the site and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction equipment and
machinery at the site and use the same to the full extent they
could pe used by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion), incorporate in the Work all materials and
equipment stored at the site OL for which OWNER has paid CONTRACTOR
but which are stored elsewhere, and finish the Work as OWNER may
deem expedient. In such case CONTRACTOR shall not be entitled to
receive any further payment until the Work is finished. If the
unpaid balance of the Contract Price exceeds the direct, indirect
and consequential costs of completing the Work (including but not
limited to fees and charges of PROFESSIONALs, architects, attorneys
and other PROFESSIONALs and court and arbitration costs) such
excess will be paid to CONTRACTOR. If such costs exceed such
unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such
costs incurred by OWNER will be approved as to reasonableness by
PROFESSIONAL and incorporated in a Change Order, but when
exercising any rights or remedies under this paragraph, OWNER shall
not be required to obtain the lowest price for the Work performed.
15.3. In the event OWNER terminates the contract for cause
and it is subsequently judicially determined that there was no
cause for termination, the termination for convenience provision
will be the means for disposition of the balance of the contract
obligations.
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Termination for Convenience
15.4. Upon seven working days' written notice to CONTRACTOR
and PROFESSIONAL, OWNER may, without cause and without prejudice to
any other right or remedy of OWNER, elect to terminate the
Contract. In such case, CONTRACTOR shall be paid (without
duplication of any items) :
15.4.1. For completed and acceptable Work executed in
accordance with the Contract Documents prior to the effective date
of termination, including fair and reasonable sums for overhead and
profit on such Work;
15.4.2. For expenses sustained prior to the effective date of
termination in performing services and furnishing labor, materials
or equipment as required by the Contract Documents in connection
with uncompleted Work, plus fair and reasonable sums for overhead
and profit on such expenses;
15.4.3. For all claims, costs, losses and damages incurred in
settlement of terminated contracts with Subcontractors, suppliers
and others; and
15.4.4.
termination.
For reasonable expenses directly attributable to
CONTRACTOR shall not be paid on account of loss of anticipated
profits or revenue or other economic loss arising out of or
resulting from such termination.
15.5. Where CONTRACTOR's services have been so terminated
by OWNER, the termination will not affect any rights or remedies of
OWNER against CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due CONTRACTOR by OWNER
will not release CONTRACTOR from liability.
CONTRACTOR May stop Work or Termina te :
15.6. If through no act or fault of CONTRACTOR, the Work
is suspended for a period of more than ninety calendar days by
OWNER or under an order of court or other public authority, or
PROFESSIONAL fails to act on any Application for Payment within
thirty days after it is submitted or OWNER fails for thirty-one
days to pay CONTRACTOR any sum finally determined to be due, then
CONTRACTOR may upon seven working days written notice to OWNER and
PROFESSIONAL and provided OWNER or PROFESSIONAL did not remedy such
suspension or failure within that time, terminate the Agreement and
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recover from OWNER payment on the same terms as provided in 15.2.
In lieu of terminating the Agreement and without prejudice to any
other right or remedy, if PROFESSIONAL has failed to act on an
Application for Payment within thirty days after it is submitted,
or OWNER has failed for thirty-one days after it is submitted, or
OWNER has failed for thirty-one calendar days to pay CONTRACTOR any
sum finally determined to be due, CONTRACTOR may upon seven dayLs
wri tten notice to OWNER and PROFESSIONAL stop the Work until
payment of all such amounts due CONTRACTOR, including interest
thereon. The provisions of this paragraph are not intended to
preclude CONTRACTOR from making claim under Articles 11 and 12 for
an increase in Contract Price or Contract Times or otherwise for
expenses or damage directly attributable to CONTRACTOR's stopping
Work as permitted by this paragraph. The provisions of this
paragraph shall not relieve CONTRACTOR of the obligations under
paragraph 6.30 to carryon the Work in accordance with the progress
schedule and without delay during disputes and disagreements with
OWNER.
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ARTICLE 16--DISPUTE RESOLUTION
16.1. All disputes arising under this Contract or its
interpretation whether involving law or fact or both, or extra
work, and all claims for alleged breach of contract shall within
ten (10) working days of the commencement of the dispute be
presented by CONTRACTOR to OWNER for decision. All papers
pertaining to claims shall be filed in quadruplicate. Such notice
need not detail the amount of the claim but shall state the facts
surrounding the claim in sufficient detail to identify the claim,
together with its character and scope. In the meantime, CONTRACTOR
shall proceed with the Work as directed. Any claim not presented
within the time limit specified in this paragraph shall be deemed
to have been waived, except that if the claim is of a continuing
character and notice of the claim is not given within ten (10)
working days of its commencement, the claim will be considered only
for a period commencing ten (10) working days prior to the receipt
by OWNER of notice thereof. Each decision by OWNER will be in
writing and will be mailed to CONTRACTOR by registered or certified
mail, return receipt requested, directed to his last known address.
16.2 All claims, disputes and other matters in question
between OWNER and CONTRACTOR arising out of, or relating to, the
Contract Documents or the breach thereof shall be decided under
Georgia Law in the Superior Court of Richmond County, Georgia.
CONTRACTOR by execution of the Contract consents to jurisdiction
and venue in the Superior Court of Richmond County, Georgia, and
waives any right to contest same.
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ARTICLE 17-MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Documents
requires the giving of written notice, it will be deemed to have
been validly given if delivered in person to the individual or to
a member of the firm or to an officer of the corporation for whom
it is intended, or if delivered at or sent by registered or
certified mail, postage prepaid, to the last business address known
to the giver of the notice.
Computation of Time:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to exclude the
first and include the last day of such period. If the last day of
any such period falls on a Saturday or Sunday or on a day made a
legal holiday by the law of the applicable jurisdiction, such day
will be omitted from the computation.
17.2.2. A calendar day of twenty-four hours measured from
midnight to the next midnight shall constitute a day.
General:
17.3. Should OWNER or CONT~_CTOR suffer injury or damage to
person or property because of any error, omission or act of the
other party or of any of the other party's employees or agents or
others for whose acts the other party is legally liable, claim
should be made in writing to the other party within a reasonable
time of the first observance of such inj ury or damage. The
provisions of this paragraph 17.3 shall not be construed as a
substi tute for or a waiver of the provisions of any applicable
statute of limitations or repose.
17.4. The duties and obligations imposed by these General
Conditions and the rights and remedies available hereunder to the
parties hereto, and, in particular but without limitation, the
warranties, guarantees and obligations imposed upon CONTRACTOR by
paragraphs 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the
rights and remedies available to OWNER and PROFESSIONAL thereunder,
are in addition to, and are not to be construed in any way as a
limitation of, any rights and remedies available to any or all of
them which are otherwise imposed or available by Laws or
Regulations, by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions of this
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paragraph will be as effective as if repeated specifically in the
Contract Documents in connection with each particular duty,
obligation, right and remedy to which they apply. All
representations, warranties and guarantees made in the Contract
Documents will survive final payment and termination or completion
of the Agreement.
17.5. CONTRACTOR shall keep adequate records and supporting
documentation applicable to this Work and Contract. Said records
and documentation shall be retained by CONTRACTOR for a minimum of
five (5) years from the date of final completion or termination of
this Contract. OWNER shall have the right to audit, inspect, and
copy all such records and documentation as often as OWNER deems
necessary during the period of the Contract and for a period of
five (5) years thereafter provided, however, such activity shall be
conducted only during normal business hours. OWNER, during this
period of time, shall also have the right to obtain a copy of and
otherwise inspect any audit made at the direction of CONTRACTOR as
concerns the aforesaid records and supporting documentation.
17.6. The Contract Documents are intended by the Parties to,
and do, supersede any and all provisions of the Georgia Prompt Pay
Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision
of the Contract Documents are inconsistent with any provision of
the Prompt Pay Act, this provision of the Contract Documents shall
control.
17.7. Notwithstanding any provision of the law to the
contrary, the parties agree that no interest shall be due
Contractor on any sum held as retainage pursuant to the Contract
Documents and CONTRACTOR specifically waives any claim to same.
Substitutions:
17.8. Notwithstanding any provision of these general
conditions, there shall be no substitutionsR-of materials that are
not determined to be equivalent to those indicated or required in
the contract documents without an amendment to the contract.
Sanitary Sewer Overflow Prevention:
17 .9. Procedures to Prevent Overflows During Sanitary
Sewer Construction:
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17.9.1 The CONTRACTOR is hereby notified that the discharge of
any untreated wastewater to waters of the state is a violation of
Georgia Water Quality Regulations and is prohibited.
17.9.2 The CONTRACTOR will submit an Emergency Response Plan
prior to beginning work. This plan will include a list of key
personnel with 24-hour contact information who will respond during
an emergency situation. The ERP will include estimates of
mobili zation time for a response crew to arrive onsi te. Any
changes to the Emergency Response Plan will be submitted to the
RESIDENT PROJECT REPRESENTATIVE prior to implementation.
17.9.3 In the event bypass pump,ing is required to facilitate
new sewer construction, bypassing plans and supporting calculations
must be submitted to the Augusta utilities Department for review
prior to establishment of the bypass. All bypass systems will
include complete redundancy in pumping systems, if failure of the
primary pumping system could result in a discharge of untreated
wastewater to waters of the state.
17.9.4 Bypass pumping will be monitored continuously by a
person knowledgeable in pump operation and maintenance, if the
failure of the bypass pump could result in the discharge of
untreated wastewater to waters of the State.
17.9.5 In the event of a discharge of untreated wastewater,
the CONTRACTOR will take the following actions:
Take immediate steps to eliminate or minimize the discharge of
untreated wastewater.
Immediately notify the utilities Department dispatcher
(706.796.5000) and the RESIDENT PROJECT REPRESENTATIVE
(contact information will be provided at the
preconstruction conference) .
Maintain a chronicle of relevant information regarding the
incident including specific actions taken by the CONTRACTOR
and estimates of the discharge volume.
17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate
notification of the Georgia Environmental Protection Division
(800.241.4113) and the Augusta Emergency Management Agency if
appropriate.
17.9.7 If, in the opinion of the RESIDENT PROJECT
REPRESENTATIVE and the Owner, the CONTRACTOR is not responding to
an emergency situation in an appropriate manner, the utilities
Department will undertake necessary actions to abate an overflow
situation. The cost of these actions will be the responsibility of
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the CONTRACTOR.
17.9.8 Following a discharge of untreated wastewater, a
downstream inspection will be conducted by the utilities Department
to assess potential mitigation measures that may be required of the
CONTRACTOR.
PROGRAM MANAGER:
17.10 The PROGRAM MANAGER for the project is CH2M HILL, 360
Bay street, Suite 100 Augusta, GA 30901.
The presence or duties of PROGRAM MANAGER's personnel at the
construction site, whether as onsite representatives or otherwise,
do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in any
way responsible for those duties that belong to OWNER and / or the
CONTRACTOR or other entities, and do not relieve the CONTRACTOR or
any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work
in accordance with the construction Contract Documents and any
health and safety precautions required by such construction work.
PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority
to exercise any control over any construction contractor or other
entity or their employees in connection with their work or any
heal th or safety precautions and have no duty of inspecting,
noting, observing, correcting, or reporting on health or safety
deficiencies of the CONTRACTOR (s) or other entity or any other
persons at the site except PROGRAM MANAGER's own personnel.
The presence of PROGRAM MANAGER's personnel at the construction
site is for the purpose of providing to OWNER a greater degree of
confidence that the completed construction work will conform
generally to the construction documents and that the integrity of
the design concept as reflected in the construction documents has
been implemented and preserved by the construction contractor(s) .
PROGRAM MANAGER neither guarantees the performance of the
construction contractor(s) nor assumes responsibility for
construction contractor's failure to perform work in accordance
with the construction documents.
For this AGREEMENT only, construction sites include places of
manufacture for materials incorporated into the construction work,
and construction contractors include manufacturers of materials
incorporated into the construction work.
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SUPPLEMENTARY CONDITIONS
SC-Ol.
SCOPE:
The proj ect referred to in the Agreement shall consist of
providinq an emerqencv power system hereinafter referred to by
proj ect name as "Emergency Genera tor Ins talla tions located at
Various Pumping Station Sites"
Inspecting Owner furnished generators for required parts and
conditions of generators to satisfy himself as to the work and
parts required to install the generators and housings at the
various pumping station locations.
The contractor shall provide foundations for generators, fuel
tanks, new fuel line piping, valves and fittings and all necessary
grading and compaction for their installation.
The contractor shall relocate the generators,
controls, and other apparatus furnished by the Owner
present location to the various pumping stations.
housing,
from its
The generators, controls, fuel tanks, fuel line connections,
power connections as well as other necessary components shall be
connected to insure full operation of each emergency system.
The contractor shall provide automatic and manual transfer
switches of the size and types shown on the plans.
The Contractor shall inspect and relocate control panels
furnished wi th the generators. Any missing parts shall be provided
by the Owner under separate contract or by change order under this
contract.
After generators have been relocated, mechanically and
electrically connected as an emergency back up system, the Owner
will secure the services of an experienced generator installer,
familiar with the type of generator involved. He will verify that
power and control connections are made properly and make any final
connections or adjustments required. Any missing parts or parts
that are deemed unsatisfactory for use will be replaced under
separate contract or as a change order to this contract. Final
control connections and load testing shall be the responsibility of
the Owners experienced generator installer.
,The cp,ntractor sh,<;i,ll provide fuel for testing and, a't ,final
":"riisp'ec't'icm fuel<..ta'tfRs..., will he', ,toppe'd....:of'f, 'und ,left' fu.l1 'f,ci'!', tbe
Owner.
SC - 1
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The contractor shall modify existing pumping stations to
receive portable generators as shown on the plans.
The contractor shall provide a trailer suitable for an install
thereon, one 138 KW generator for transferring to various sites for
temporary use. The trailer shall support the generator, housing,
skid fuel tank, and control panel.
SC-02.
LIST OF DRAWINGS:
The following drawings, prepared by Electrical Desion
Consultants, Inc., comprise the plans for the project.
Sheet
No
E-l
E-2
E-3
E-4
E-5
E-6
E-7
E-8
E-9
E-10
E-11
E-12
E-13
E-14
E-15
.,."
E-16
Title
EMERGENCY POWER GENERATION WATER TREATMENT PLANT NO.1
SITE PLAN, FLOOR PLAN, SECTIONS AND SCHEDULE
EMERGENCY POWER GENERATION WATER TREATMENT PLANT NO.2
SITE PLAN, FLOOR PLAN, SECTIONS AND SCHEDULE
EMERGENCY POWER GENERATION FOUNDATION DETAILS, WATER
TREATMENT PLAN NO.1, NO.2 AND FAIRCREST
EMERGENCY POWER GENERATION WIRING DIAGRAMS FOR 800KW
GENERATOR, SHEET 1
EMERGENCY POWER GENERATION WIRING DIAGRAMS FOR 800KW
GENERATOR, SHEET 2
EMERGENCY POWER GENERATION CONDUIT SUPPORT DETAILS 800 KW
GENERATOR HOUSING
EMERGENCY POWER GENERATION FAIRCREST BOOSTER STATION,
SITE PLAN, ELEVATIONS, SECTIONS AND DETAILS
EMERGENCY POWER GENERATION INTERCONNECTION DIAGRAM 365 KW
GENERATOR - FAIRCREST BOOSTER STATION
EMERGENCY POWER GENERATION SCHEMATIC WIRING DIAGRAMS 365
KW GENERATOR, FAIRCREST BOOSTER STATION
EMERGENCY POWER GENERATION, RICHMOND HILL BOOSTER STATION
SITE PLAN, BUILDING PLAN, SECTIONS AND 138 KV GENERATOR
FOUNDATIONS
EMERGENCY POWER GENERATION, GOLDEN CAMP BOOSTER STATION
SITE PLAN, BUILDING PLAN, SECTIONS AND DETAILS
EMERGENCY POWER GENERATION, WIRING DIAGRAMS 138 KW
GENERATOR, SHEET 1
EMERGENCY POWER GENERATION, WIRING DIAGRAMS 138 KW
GENERATOR, SHEET 2
EMERGENCY POWER GENERATION, WIRING DIAGRAMS 138 KW
GENERATOR, SHEET 3
EMERGENCY POWER GENERATION PLAN SECTIONS POWER RISER
DIAGRAM, BROWN R'OAD SITE 22 . .', ' .,'
, '~EMER'GE't,Je"{:, POWER' 'GENERATION'", PLMf "SECTIoNS::; POWER RISE'R ;,.,; , ..~
DIAGRAM, PINE HILL SITE 20 AND NORTON ROAD SITE 17
SC - 2
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SC-03.
PROTECTION OF THE ENVIRONMENT:
The Contractor will carefully schedule his work so that a
minimum amount of exposed earth will be subject to erosion by
rainfall or wind, and he will provide means satisfactory to the
Engineer to minimize the transportation of silt and other
deleterious material into the stream beds of water courses adjacent
to the project.
All chemicals used during project construction or furnished
for project operation, whether herbicide, pesticide, disinfectant,
polymer, reactant or of other classification, must show approval of
either EPA or USDA. Use of all such chemicals and disposal of
residues shall be in conformance with printed instructions.
SC-04.
TEMPORARY TOILETS:
Contractor shall provide temporary toilet facilities on the
site for workmen employed in the construction work. Toilets shall
be adequate for the number of men employed and shall be maintained
in a clean and sanitary condition. Workmen shall be required to
use only these toilets. At completion of the work, toilets used by
Contractor shall be removed and premises left in the condition
required by the Contract.
SC-05.
PLANS AND SPECIFICATIONS FURNISHED:
The Contractor will be furnished, free of charge, by the Owner
up to five (5) sets of direct blue line prints together with a like
number of complete bound specifications for construction purposes.
Additional sets of plans and/or specifications will be furnished to
the Contractor at the cost of reproduction upon his written
request.
SC-:06.
EXISTING STRUCTURES:
Where sidewalks, street signs, private signs, walls,
sidewalks, fences, etc, are removed in accomplishing the work, each
and every item will be replaced in the same or better manner or
condition than that in which it was before construction began. The
Contractor will protect and hold harmless the Owner from any suit,
action, or dispute whatever arising from the Contractor's work
adjacent to private property.
SC-07.
REFERENCED SPECIFICATIONS:
, Where specifi,<;:.Siti:on,~".or ,$,tandards of tra;d.,e org,anizati9ns
',":and"other <:J'roups :'~'ar'e 'refe~renc~d" in "tlle's-e ::sp'ec'~'fi~a'tioris~' they :are':'
made as much a part of these specification as if the entire
standard or specification were reprinted herein. The inclusion of
SC - 3
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the latest edition or revision of the referenced specification or
standard is intended.
SC-08.
CONSTRUCTION ORDER AND SCHEDULE:
1. The Contractor shall be responsible for the detailed order,
schedule, and methods of construction activities within the
general guidelines specified for maintenance and protection of
highway and pedestrian, traffic, utility lines, drainage ways,
adjacent properties, and as otherwise specified.
2. After notice to proceed and prior to the first payment on the
contract the Contractor ,shall submit the following for review:
A. Breakdown of contract price into units of cost for each
item required to complete the total work; this breakdown
will be the basis for judging the percentage complete at
any time.
B. A statement of the order of procedure to be followed that
will result in the required protection and completion of
the work within the contract time.
C. A bar chart showing the percentage of each item schedules
against time and so scheduled that Contractor's order of
construction is clearly shown.
3. With each request for payment the Contractor shall submit two
copies of the bar chart clearly marked to show the work
completed at the date of the payment requested.
SC-09.
CONSULTING ENGINEERS:
The Owner may engage consulting engineers to assist the city
Engineer, by preparing plans and specifications for the work and by
providing certain services during the bidding and construction
phases of the project. The consulting engineer, Electrical Desion
Consul tants, Inc. are authorized to represent the City Engineer
within the limits of the various duties delegated and assigned to
the firm by the City Engineer. Nevertheless the City Engineer
remains the final authority hereunder and is the "Engineer" as used
throughout the Contract Documents.
SC-10.
INSPECTION:
The Owner shall provide sufficient c,ompetent engineering
,'::personne~. f<;>r:' t~e tec~nical observat:ioq,. and testi.ng, of.. the, work.
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SC - 4
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The Engineer and his representatives shall at all times have
access to the work whenever it is in preparation or progress, and
the Contractor shall provide proper facilities for such access, and
for inspections.
Inspectors shall have the power to stop work on account of a
workman's incompetency, drunkenness, or willful negligence or
disregard of orders. An inspector may stop the work entirely if
there is not a sufficient quantity of suitable and approved
materials or equipment on the ground to carry it out properly or
for any good and sufficient cause. Inspectors may not accept on
behalf of the Owner any material or workmanship which does not
conform fully to the requirements of the contract and they shall
give no orders or directions under any possible circumstances not
in accordance with the Specifications. The Contractor shall
furnish the inspector with all required assistance to facilitate
through inspection or the culling over or removal of defective
materials or for any other purpose requiring discharge of their
duties for which service no additional allowance shall be made.
The inspector shall, at all times, have full permission to take
samples of the materials that mayor may not be used in the work.
Any inspection provided by the Engineers is for the purpose of
determi,ning compliance with provisions of the contract
specifications and is in no way a guarantee of the methods or
appliances use by the ContractDr, nor for the safety of the job.
If the specifications, the Engineer's instruction, laws,
ordinances, or any public authority require any work to be
specially tested or approved, the Contractor shall give the
Engineer timely notice of its readiness for inspection, and if the
inspections is by an authority other than the Engineer, of the
date made promptly, and where practicable at the source of supply.
I~ any work should be covered up without review or consent of the
Engineer, it must, if required by the Engineer, be uncovered for
examination and properly restored at the Contractor's expense.
Re-examination of any work may be ordered by the Engineer,
and, if so ordered, the work must be uncovered by the Contractor.
If such work is found to be in accordance with the Contract
Document, the Contractor shall pay such cost.
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SC - 5
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1.01
A.
1. 02
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1. 03
1. 04
A.
SECTION 03100
CONCRE TE WORK
GENERAL
All work of Section 03100 shall comply with the requirements
of:
1. General Conditions
2. Supplementary General Conditions
3. General Requirements
4. Specifications
5. Drawings
6. Modifications incorporated in the documents before their
execution.
SHOP DRAWINGS AND SUBMITTALS
Shall be submitted in accordance with requirements of the
Contract Documents. Reinforcement details shall conform with
ACI 315-70, Manual of Standard Practice for Detailing
reinforced Concrete structures.
SUBMITTALS
1. Shop drawings of reinforcing.
2. Proposed Design Mix.
3. Field test report.
4. Manufacturer's instruction for applying Curing Compound.
5. Manufacturer's specifications for all admixtures used.
6. Delivery tickets of concrete delivered to the job site
with the following information:
A. Date and time batched.
B. Batched weights of cement, aggregate, water' and
admixtures.
C. Type and brand of cement and admixtures.
D. Total Water content by product.
E. Slump
F. Water added by receiver and his initials.
G. Slump after, if water is added.
H. Time final concrete oeposited.
TESTING LABORATORY
Testing of concrete shall
acceptable to the Engineer.
the Contractor.
be performed by a laboratory
Cost of testing shall be paid by
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03100 - 1
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PRODUCTS
Materials:
1. Applicable Specifications - Materials shall conform to
the following American Society for Testing and Materials
Specifications (ASTM), Federal Specifications, Commercial
Standards and applicable parts of Standards
Specifications or Committee reports of the American
Concrete Institute (ACI).
A. Aggregate - ASTM C-33.
B. Water Clean, potable - meet requirements for
water specified in A~TM C-94.
C. Cement:
1. Portland Cement, Type I, ASTM C-150.
2. Portland blast-furnace slag cement, ASTM C-595.
3. Use same brand of cement throughout project.
D. Admixtures:
1. Wa ter reducing, retarding, accelera ting
admixtures - ASTM C-494.
2. Air-entraining admixtures - ASTM C-260
E. Reinforcing:
1. Steel Bar ASTM A-615, Grade 60.
2. Welded Wire Fabric - ASTM A-185.
F. Metal accessories, spacers, chains, ties and
inserts shall suit the job conditions, and be
standard commercial quality. All items within 3/4"
from exposed concrete surfaces shall be zinc
coated.
G. Liquid membrane curing compound shall be an acrylic
based clear type liquid meeting ASTM C-309, Type I,
Class B.
H. Form coatings shall be non-staining, non-reactive
ingredient compatible with the curing compound
which will prevent the forms from absorbing
moisture and bonding to the concrete.
I. Preformed expansion joint - ASTM D-1751.
J.
Control/Construction Joint metal form
galvanized.
24
ga.
. K.
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1. 06
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B.
C.
D.
A.
CONCRETE MIXTURES
Selection of Concrete Proportions Concrete shall be
proportioned to meet the requirements for strength, slump,
water-cement ratio, air-enstrainment and workability such that
the concrete can be placed without excessive segregation.
Proportioning - Concrete shall be proportioned base on ACI-
318-83, Chapter 4, Section 4.3.3.2 (Trail Mixtures). An
independent testing laboratory shall batch and test concrete.
Design Mix - Concrete design mixes previously proportioned and
tested in accordance with the requirements of paragraph B
above may be submitted [or review and acceptance. A letter
must accompany the design mix indicating that the materials to
be used on this project are the same as those materials used
in the tested design mix.
Field Testing - Three (3) cylinders shall be made to provide
a test for each 50 cu. yard of concrete placed or for each day
during which concrete is placed and for each type of concrete
placed. One cylinder shall be tested at 7 days and two
cylinder tested at 28 days. Evaluation and acceptance of
concrete shall be in accordance with ACI 318-83, Section 4.7.
1. 07
EXECUTION
General
1. Workmanship shall conform to applicable parts of the ACI
318-83, ACI 301-72 (R81) and ASTM C-94-78a.
B.
Formwork
1. The formwork shall conform with Chapter 4 - Formwork of
ACI 301-72 (R81) "Specifications for structural Concrete
for Buildings", except as modified by these
specifications. .
2. Design, erect, support, brace and maintain formwork to
support loads due to wind, and concrete placement.
Construct formwork so that concrete members are correct
size, shape, alignment, elevation and position. Provide
form ties which will not have holes larger than 1/1
diameter in concrete and "snap-off" at least 1/2/1 inside
concrete.
3. Tnlerances of formwork shall be in accordance with table
4.3.1 of ACI 301-72 (R81).
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03100 - 3
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4. Forms shall be coated wi th a release agent prior to
placing reinforcing steel. Forms shall be cleaned and
"wetted" before placing concrete.
5. Forms shall not be removed until concrete has set so that
there will not be any damage to the structure. Re-
shoring is permitted subject to approval and shall remain
in place until the required concrete strength has been
obtained and the anticipated loads will not adversely
affect the structure.
C.
Reinforcement
1. Reinforcement required by the drawings, detailed in
accordance with ACI 315, shall be accurately placed and
supported. Use prefabricated metal accessories and
additional reinforcing bars to support and maintain
position of reinforcing. Reinforcing mats for footings
shall be supported by using solid concrete brick.
Placement shall be in accordance with Concrete
Reinforcing Steel Institute recommended practice for
"Placing Reinforcing Bars".
D.
Joints and Embedded Items
1. Construction joints shall be located as shown on the
drawings. Additional joints are permitted subject to
written approval. All reinforcement shall be continued
through joint. Joint shall be keyed.
2. Embedded items shall be placed and secured by trades
responsible for embedded items. Embedded items shall be
checked by superintendent of Sub-Contractor and General
Contractor prior to placing reinforcing and concrete.
Addi tional reinforcing shall be placed around openings or
where embedded items interrupt reinforcing. Embedded
items shall not extend continuously through joint
designated as expansion joints. Embedded anchor bolt
locations shall be verified on existing enclosures and
generators for bolt size and locations.
E. Concrete Placement
1. Concrete shall not be placed in water, on mud or frozen
subgrade.
2 .
Formwork shall be completed and all embedded items
secured and checked for position and alignment by the
superintendent of the trades responsible, for the items
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3. Concrete shall be deposi ted continuously to predetermined
construction joints.
4. Concrete shall be deposited as nearly as practicable in
its final position to avoid segregation. All concrete
shall be consolidated by vibration, spading, rodding or
forking so that the concrete is thoroughly worked around
the reinforcement, around embedded items, and into
corners of forms. A spare vibrator shall be kept on the
job site during all concrete placing operations.
5. Concrete shall not be placed during rain. Rainwater
shall not be allowed to increase the mixing water or to
damage the surface finish.
F.
Concrete Finish
1. All surface exposed to view shall be smooth finished
unless otherwise shown.
G.
Slabs
1. Edge forms and intermediate screen strips shall be
accurately set and secured to prevent movement during
concrete placement.
2.
Joints shall be placed as indicated
Drawings. I f metal "Screen Key"
construction joint, the metal key shall
continuing with future slab placement.
on the Contract
is used at a
be removed before
3. Hardened concrete at construction joints shall be
cleaned, loose fins removed and the surface dampened
immediately prior to placing of fresh concrete.
4. All slabs other than those requiring a setting bed shall
have a smooth finish. After concrete has been placed,
consolidated, struck off and leveled, the concrete shall
not be worked until ready for floating. After floating
the surface shall be checked with a 10 foot straight
edge. Slab tolerance shall be 1/8" in 10'-0". Surface
shall be power troweled to produce a smooth surface
relatively free of defects. A final troweling shall
provide a finished surface essentially free of trowel
marks, uniform in texture and have a tolerance of 1/8" in
1 0' .
5.
Concrete for slab to receive setting bed shall be placed,
consolidated, struck off and levelect to.1/4" in 2'. The
'surface shal..l,: be roilghehed ,'wi th stiff brushed or rakes:
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6. Concrete for slabs indicated to receive broom finish,
sidewall and ramps shall be float finished as specified
above and given a coarse transverse scored texture.
Curing and Protection
1. Beginning immediately after placement, concrete shall be
protected from premature drying, excessively hot or cold
temperatures and mechanical injury.
2. Concrete not in contact with forms shall be cured by one
of the following methods:
A. Ponding or continuous sprinkling.
B. Application of absorptive mats or fabric kept
continuously wet.
C. Application of water proof sheet materials (ASTM-C-
171) .
D. Application of a curing compound. The compound
shall be used and applied in accordance with
manufacturer's recommendations immediately after
finishing is complete and water sheen disappeared.
3. Concrete in wood forms shall be cured by keeping the form
wet until they are removed. Curing shall continue by one
of the methods above.
4. Curing shall be continuous for 7 days.
5. provisions shall be made for concrete during hot weather
and cold weather. (ACI-305, ACI-306).
END OF SECTION 03100
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SECTION 16000
GENERAL
GENERAL
Requirements contained in the Specification shall apply to and
govern the work under this Section.
WORK INCLUDED
All work required to provide standby electrical generation for
Treatment Plant No.1, Treatment Plant No.2, Faircrest Booster
Station, Richmond Hill Booster Station, Golden Camp Booster
Station, and provisions for connecting portable standby
generation at Pine Hill Site 20, Well No.3, Brown Road Site 22
Pumping Station and Norton Road Site 17,Booster Station. Work
shall include but not be limited to the following items:
1. Owner furnished, Contractor installed 800 KW, 480 volt,
3 phase, Catipillar Generator Set with lift over
enclosure, Switchgear and accessories for Treatment Plant
No.1.
2. Contractor provided Generator Foundation, Fuel tank
foundation, 1500 gallon fuel tank with fuel lines
underground control and feeder wiring in conduit between
generator and building being served.
3.
Contractor provided automatic transfer
connections to genera tor and normal
modifications to the electrical system to
emergency generation.
switch with
power wi th
recei ve the
4 .
Owner Furnished, Contractor installed and Contractor
provided items 1, 2, & 3 for Treatment Plant No.2.
5.
Owner furnished, Contractor installed and Contractor
provided items 1, 2 & 3 for Faircrest Booster Station
except Owner furnished, Contractor installed 365 KW, 480
volt, 3 phase Cummings Generator Set, with lift over
enclosure, switchgear, accessories, and providing 550
gallon fuel tank in lieu of 1500 gallon tank.
6.
Owner furnished, Contractor installed and Contractor
provided item 1, 2, & 3 for Richmond Hill Booster Station
except Owner furnished, Contractor installed 138 KW, 480
volt, 3 phase Detroit Diesel Generator Set, with lift
over. enclosure, s,witchgear accessories, and providing 280
'gallon"ftiel"t3.nk-':'in lieu of 15~,O"gall9!),tank..:-" '
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EDC# 99060
16000 - 1
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7. Owner furnished, Contractor installed and Contractor
provided item 6 for Golden Camp Booster Station.
Contractor to relocate motors and switchgear from
abandoned Hwy 56 Pumping Station and adapt motor
alignment to existing pumps.
8. Contractor to modify buildings at Pine Hill Site 20,
Brown Road Site 22 Pumping Station and Norton Road Site
17, Booster Stations to receive portable 138 KW, 480
volt, 3 phase Detroit Diesel Generator.
9. Contractor shall provide a trailer and mount an Owner
furnished 138 KW, Detroit Diesel Generator. Contractor
shall also provide a generator housing accessories and
control panel to provide the same functions as the
control panel normally provided with this type unit. The
Contractor shall also provided a 280 gallon skid type
fuel tank with fuel to be mounted underneath the
generator and a weatherproof housing.
10. Replacing grassing and grading in areas where trenching
and concrete base has been accomplished.
B. Include in the electrical work all the necessary supervision
and the issuing of all coordination information to any other
trades who are supplying work to accommodate the electrical
'installations.
C. Contractor shall make provisions in each motor starter to
require manual restart of all motors when emergency power is
required.
1.03 DRAWINGS
A. The drawings for electrical work utilize symbols and schematic
diagrams which have no dimensional significance unless written
dimensions are shown. The work shall therefore, be installed
to fulfill the diagrammatic intent expressed on the electrical
drawings.
B. Discrepancies shown on different drawings, between drawings
and specifications or between drawings and field conditions
shall be promptly brought to the attention of the Engineer.
C. Provide as used on the drawings and in the specifications
shall mean, furnish, install, connect, adjust and test.
D. The drawings and specifications are complimentary and any work
or" material shown in one and omitted in the other", or
_ ,,:,,': .dei'c'.r1bedip the, oI).e and ,.notshoWh in the gt;:p.er, .or ~~~F.h 'may,
, ',be implied by il:,O'ur or ei th'e-r,' shalY'be 'furIl.ls-hed':",as though
shown on both, in order to give a complete and first class
EDC# 99060
16000 - 2
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installation.
E. A meeting at the plant site, will be held two (2) weeks prior
to receiving bids. Those parties expected to attend this
meeting will be the representatives for the city of Augusta
utilities Department, contractors interested in presenting a
bid for this project, and a representative for Electrical
design Consultants The purpose of the meeting will be to
inform the contractors of the plant operation, critical areas
of shutdown, and scheduling of work Questions presented by
the contractor will be answered, and if necessary an addenda
will be prepared at this time and become a part of the
Contract Documents. Submitting a bid on this proj ect will
indicate the contractors representative has attended this
meeting and has satisfied himself as to the condition for work
on this contract. No extra charge will be approved, for work
or scheduling cost, due to failure of attending this meeting.
F. Interconnecting wiring diagrams shown on the plans were taken
from as-built shop drawings. These drawings are to be used to
assist in re-connecting the units as before dis-assembly.
Connections shall be verified for correctness by a trained
generator installed prior to making connections. Additional
shop drawing may be viewed in the office of the Engineer.
1.04 RECORD DRAWINGS:
A. One complete set of drawings shall be reserved for as-built
drawings. Any approved deviation from the contract drawings
shall be recorded on these drawings. Drawings shall be
checked weekly for completeness, by the Owners Authorized
Representative.
B. Completed as-built drawings shall be presented to the Engineer
prior to final inspection.
C. Final authority to determine the acceptability and/or
sui tabili ty of components, systems or packages furnished,
rests solely with the Engineer.
D. The Engineer may perform field surveys and tests to determine
acceptability of components, systems or equipment. Such tests
will be performed on a random basis or if specific need
arises, as determined by the Engineer.
1.05 MAINTENANCE AND OPERATING INSTRUCTIONS:
A.
Provide at the
maintenaT?-c,e, and
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time of final inspection
9perating instruction for
three sets of
the equipment
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B. Furnish a qualified and accredited factory trained technician
EDC# 99060
16000 - 3
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to train personnel designated by the Owner in the proper
operation and maintenance of specialized equipment. Owner
shall be notified one week prior to training schedule to
provide adequate time for preparation.
C. The issuing of operating instructions shall include the
submission of the name, address, and telephone number of the
manufacturer' s representative and service company for each
item of equipment so that service and spare parts can be
readily obtained.
1.06 CODES AND PERMITS:
A. All work shall meet or exceed the latest requirements of all
National, state, County, and Municipal codes covering this
project.
B. All required permits and inspection certificates shall be
obtained, and made available at the completion of the work.
Permits, inspections, and certification fees shall be paid for
by the Contractor.
1.07 DEVIATIONS:
A. No deviations from the plans and specifications shall be made
prior to or without the full knowledge and consent of the
Owner or his authorized representative.
B. Should the Contractor find at any time during progress of the
work that, in his judgement, existing conditions make
desirable a modification in requirements covering any
particular item or items, he shall report such items promptly
to the Engineer for his decision and instruction.
1.08 COOPERATION
A., The Contractor shall schedule his work and in every way
possible cooperate with his Sub-contractors on the job to
avoid delays, interferences, and unnecessary work. He shall
notify them of all openings, hangers, excavations, etc., so
that proper provisions shall be made for the work. This shall
not relieve him of the cost of cutting, when such is required.
B. The Contractor shall do all cutting and excavating necessary
for the complete installation of the work. He shall repair
any work damaged'by him or his workmen, employing the services
of the trade whose work is damaged.
C.
The Contractor shall fully cooperate with the Owner's
:,:repnfseri:t,a,tive in ac:comp.lish~I1.g'.:the ,wor,k OI). a m.utual. ~~hedule
between the Owner and the':Contra'i::tof:. . De-enge'i',izirig..a: ,feeder "
and length of time for de-energiziation shall be 'mutually
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EDC# 99060
16000 - 4
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agreed upon by the Owner and Contractor.
D. Any conflict between trades shall be reported before
construction starts. No extra charges will be approved for
work resulting from failure to coordinate with other trades.
1.09 INSTALLATION
A. Raceways, fixtures, devices, and other electrical equipment
shall be installed in a neat and workmanlike manner and in
accordance with recognized good practice for a first class
installation.
B. The Engineer shall have the authority to reject any
workmanship not complying' with these specifications. The
contractor shall, at his own expense, replace defective work
so rejected, immediately upon notification of rejection. Any
work so rejected shall be corrected within 24 hours of such
rejection; otherwise, the Engineer may have it replaced at the
Contractor's expense.
C. The Electrical Contractor shall personally or through an
authorized licensed in the City of Augusta, competent
electrician, constantly supervise the work from beginning to
complete and final inspection.
E. Electrical equipment shall be installed in accordance with
manufacturer's recommendations.
F. The area for construction has underground water piping as well
as existing electrical conduit. Extreme care shall be used in
all excavation to avoid damage to these utilities. Existing
plans will be provided to the Contractor upon request. New
conduit may be routed above and below these utilities, but
repair of damage to these utilities will be the responsibility
of the contractor. Consult the OAR prior to day of
excavation.
1.10 EXCAVATION, TRENCHING AND BACKFILLING
A. General: The Contractor shall perform all excavation to
install conduit, structures and equipment specified. During
excavation, materials for backfilling shall be pulled back
from the banks of the trench to avoid over-loading and to
prevent slides and caveins. All excavated materials not to be
used for backfill shall be removed from the site and disposed
of by the Contractor. Grading shall be done to prevent
surface water from flowing into trenches and other excavations
and water accumulating therein ,shall be removed by pumping.
",All,ex-Oavation&~sJ1a~1 b.e:."macie"by...6peri.cut,:...~':..No:tJmneling sh?ll, ;,,~,
be done,,, All" r'equfr'ement~' of: OSHA 'shall be c'oni.pi,ie'~' with." "'"
EDC# 99060
16000 - 5
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B Trench Excavation: The bottom of the trenches shall be graded
to provide uniform bearing and support for each action of the
conduit on undisturbed soil at every point along its entire
length. Bottom of trenches shall be backfilled with loose,
granular, moist earth, tamped to 95% compaction. Remove
unstable soil under structures, conduit and roads and replace
with premium fill.
C. Backfilling: The trenches shall not be backfilled or concrete
poured until it is reviewed by the Engineer or the OAR. The
trenches shall be backfilled wi th the excavated materials
approved for backfilling, consisting of earth, loam, sandy
clay and gravel or soft shale, free from large clods of earth
or stones, deposited in 6" layers and tamped until the conduit
has a cover of not less than the adjacent existing ground but
not greater than 2" above existing ground. The compaction of
the filled trench shall be at least equal to that of the
surrounding undisturbed material, except that trenches
occurring under paved areas or in areas to be filled shall be
backfilled in 6" maximum layers and each layer compacted to
95% maximum density. Settling the backfill with water will
not be permitted. Any trenches not meeting compaction
requirements or where settlement occurs shall have backfill
removed down to the top of the conduit then backfill with
approved materials as specified hereinbefore.
D. 'Cutting Pavement: cutting pavement, curbs and gutters shall
be saw cut with neat, parallel, straight lines, one foot wider
than trench width on each side.
E. Buried Warning and Identi fication Tape: Three inch wide,
polyethylene plastic, red warning tape, manufactured
specifically for warning and identification of buried utility
lines shall be installed 12" above the pipe closest to the
surface. Tape shall be metallic core or metallic faced, acid
and alkali-resistant. Warning identification shall be
imprinted in bold letters, continuously over the entire tape
length. Warning identification shall be imprinted in bold
letters, continuously over the entire tape length. Warning
and identification to read, "CAUTION, BURIED ELECTRICAL LINE
BELOW". color and printing to be permanent, unaffected by
moisture or soil. Minimum thickness of tape shall be 0.004
inch. Tape shall have a minimum strength of 1500 psi
lengthwise and 1250 psi crosswise. The tape shall be
manufactured with integral wires, foil backing or other means
of enabling detection by a metal detector.
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F. Replace sod which has been removed, as soon as possible after
backfilling is completed. Restore areas disturbed by
.. trencping r storing" of .oir,t '.anc:i oth.er ,.work to,origi,na1..
,':; c'ondttio'n'. a'nd malYl1:a.irt,..,uhtii. ffha'ta'cceptaii'ce'.,.', 'P')7ovl'dif
necessary topsoiling, fertilizing, liming, seeding, sodding,
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EDC# 99060
16000 - 6
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sprigging or mulching.
1.11 MATERIALS
A. Materials specified by manufacturer's name shall be used
unless approval of other manufacturers are listed in addenda
to these specifications.
B. Drawings indicating proposed layout of space, all equipment to
be installed therein and clearance between equipment shall be
submitted, where substitution of materials alter space
requirements on the drawings.
C. All Contractor materials provided shall be new and in
accordance with applicable standards, I.E., American Society
for Testing and Materials (ASTM), Underwriter's Lab (UL),
National Electrical Manufacturers Association (NEMA),
Insulated Power Cable Engineers Association (IPCEA), Edison
Electric Institute (EEI) , American National Standards
Institute (ANSI), UL approved equipment shall bear UL label.
D. Material of the same type shall be the product of one
manufacturer.
E. Materials not readily available from local sources shall be
ordered immediately upon approval.
F. The Engineer shall ha~e authority to reject any materials, or
equipment, not complying with these specifications and have
the Contractor replace materials so rejection immediately upon
notification of rejection.
G. Any material or equipment so rejected shall be removed from
the job within 24 hours of such refection, otherwise the
Engineer may have same removed at the Contractor's expense.
1.12 EQUIPMENT CONNECTIONS
A. All equipment requiring electrical power connections and
mechanical piping connections shall be connected under this
Division of these specifications.
B. Where electrical connections to equipment require specific
locations, such locations shall be obtained from shop
drawings.
1.13 EQUIPMENT PROTECTION
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A. Generators and housing shall ,be relocated using extreme care
'to' prevent damage 'ancj"." 'preakage', {),J-: appar,atuq. : Muff.lers,
,';'pipin<j'/ heciti:ng er:erill~~n'b3', ~"c6nt~iols' 'and. .Ot.hEti"fike ',:9.pparatu~
for each unit shall be 'grouped together and transported with
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EDC# 99060
16000 - 7
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B.
A.
B.
C.
1.15
A.
each individual generator.
Transportation of the equipment shall be accomplished by
experienced movers with equal ability as Maxim Crane Work..
1.14
CLEANING AND PAINTING
Thoroughly vacuum clean all new and relocated equipment
immediately before testing and immediately before putting the
equipment into service.
Prior to the final inspection, wipe clean the interiors and
exteriors of the equipment.
Repaint the equipment and mat~rials with spray painting
equipment with the same quality of paint and workmanship as
used at the factory for a completely painted protected
surface.
GUARANTEE
All systems and component parts provided by the Contractor
shall be guaranteed for one year from the date of final
acceptance of the complete project. Defects found during this
guaranteed period shall be promptly corrected at no additional
cost to the Owner.
END OF SECTION 16000
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EDC# 99060
16000 - 8
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SECTION 16001
CONDUIT
1.01 GENERAL
A. Requirements contained in this Specification shall apply to
and govern the work under this Section.
1.02 SUBMITTALS
A. Submit manufacturer's literature for each type of conduit or
tubing used in the project.
1.03 MANUFACTURERS
A. Acceptable manufacturers of conduit are:
1. Allied Tube and Conduit Co.
2. Wheatland Tube Co.
3. Triangle
4. L.T.V.
5. Carlon
6. Certainteed
1.04 MATERIALS
A. All exposed conduit shall be galvanized rigid steel or EMT of
standard pipe dimensions, smooth inside and out Where word
"conduit" is used hereinafter it shall mean either galvanized
rigid steel or EMT, liquid tight flexible conduit or schedule
80 plastic conduit.
B. Rigid steel or EMT conduit shall be used in all areas above
grade. Schedule 80 plastic conduit shall be used underground
and in slab-on-grade. In no case shall plastic conduit be
exposed; switch to rigid steel conduit coated completely with
asphaltic paint when turning up exposed.
C. Plastic conduit shall be made from virgin polyvinyl chloride
C-300 compound. Conduit and fittings shall carry a UL label.
Fitting and cement shall be produced by the same manufacturer
as the conduit to assure system integrity.
D. Rigid steel or EMT conduit shall be used where conduit turns
up in switchgear. Rigid plastic to rigid metal adapters shall
be used for transition.
E. Rigid conduit shall. be not less than 3/4 inch trade size.
;,~S:cheql):le.: :8~O plastic conduit shall ',not, be less, :than, shbwl1 on
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EDC# 99060
16001- 1
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1.05 EXECUTION
A. All metallic conduit shall be steelj of standard pipe
dimensions, smooth inside and out, and shall be galvanized.
Where the work ~conduitH is used hereinafter it shall mean
either steel conduit, or schedule 80 plastic conduit.
B. Galvanized steel conduit shall be used in all areas where it
will be exposed to physical damage. Schedule 80 plastic
conduit shall be used underground. In no case shall plastic
conduit be exposed.
C. Plastic conduit shall be made from virgin polyvinyl chloride
C-300 conpound. Conduit and fittings shall carry a UL label.
Fitting alld cement shall be produced by the same manufacturer
as the conduit to assure system integrity.
D. Galvanized steel conduit couplings and connections:
1. Install standard, conduit threaded fittings.
2. Ream the ends of conduits after cutting and threading
them.
3. For connection to steel metal boxes, cabinets and other
sheet metal enclosures, install locknuts on the inside
and outside of the enclosure for each connection.
E. ~nstallation of plastic conduit:
1. Shall be installed in complete accordance with
manufacturer's recommendations.
2. Shall be minimum of 2'-0" below finished grade when not
covered by concrete.
3. Shall have properly sized bond wire installed with all
circuits.
4. Bends and turns shall be kept to bare minimum.
5. Extreme care shall be taken to avoid crushing or cracking
conduit.
6. All conduit and fittings shall be solvent welded.
F.
Insulated Bushings:
1. Install nylon insulated bushings on the end of all rigid
conduit.
2. The insulating material shall be designed for rugged,
long service
3. Bushings which consist of only insulating material will
not be accepted.
4. Fittings which incorporate insulated bushings will be
cons~der~?,~or approval in lieu ,of fittings w~th separate
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EDC# 99060
16001- 2
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G. All couplings and connections in location where water or other
liquid or vapor might contact the conduit and EMT shall also
be watertight.
H. Close empty conduit and EMT as complete runs before pulling in
the cables and Wlres.
I. Avoid bends or offsets where practicable:
1. Do not install more bends, offsets or equivalent in any
conduit than permitted by the NEC.
2. Make bends with standard conduit bending machinep.
3. Condui t hickeys may be used for making slight offsets and
for straightening conduits stubbed out of concrete.
4. Condui t bent with a pipe tee or vise will not be
accepted.
5. Do not install crushed or deformed conduits.
J. Install conduit clamps:
1. At intervals as required by NEC.
K. Clogged raceways shall be entirely free of obstructions or
shall be replaced.
L. Rigid steel conduit installed underground shall be painted
with 2 coats of an asphaltic paint.
END OF SECTION 16001
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EDC# 99060
16001- 3
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SECTION 16002
CONDUCTORS
1. 01
GENERAL
A.
Requirements contained in this Specification shall apply to
and govern the work under this Section.
1. 02
SUBMITTALS
A.
Shop drawings shall be submitted and shall consist of
manufacturer's published literature.
1. 03
MANUFACTURERS
A.
Acceptable manufacturers are:
1. General 6. Cyprus Rome
2 . Okonite 7 . Essex
3. Senator 8. Carol
4 . Triangle 9. Southwire
5. American 10. Pirelli
B.
All wiring shall be manufactured in the United States.
1. 04
MATERIALS
A.
Ratings and sizes:
1. Shall be not less than indicated on the drawings and not
less than required by the NEC.
2. Minimum size shall be No. 12 AWG copper provided the
maximum voltage drops in the control circuits will not
adversely affect the operation of the controls.
3. Conductor sizes indicated on the drawings are for copper
conductors.
B.
Conductors and ground wires:
1. Shall be copper.
2. Size No.8 AWG and larger shall be stranded.
3. Size No. 10 AWG and smaller shall be solid.
C. Conductor insulation:
1. Conductor insulation shall be the NEC type THHN. Under
no circumstances shall asbestos insulation be used.
D. ..' Wire shall J~e fact,ory',c.olor coded..'in size No"" 8 qnd smaller. , ,
,:'. Co'luY":"shai-i b"e''by, integr~l- pigmen,f'ati6n:'" wtth'~Er sep:Cf;Lat'e"cglojT-, .f:
for each phase, neutral and grounding conductor: Color code'
per phase shall be continuous throughout the project.
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EDC# 99060
16002 - 1
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E.
Manufacturer's name and other pertinent information shall be
marked or molded clearly on the overall jacket's outside
surface or incorporated on marker tapes within the cables and
wires at reasonable intervals along the cables and wires.
F.
Control wiring and interconnecting wiring shall be as shown on
the control wiring diagrams provided for the generator.
G.
All wiring shall be in conduit unless specifically noted
otherwise.
H.
Every coil of wire shall be in the original wrapping and shall
bear the Underwriters' Label of approval.
1.
Where wires are left for connection to any fixture or an
apparatus, spare wire or cables shall be provided at the ends
for connections. Fixture connections at the outlet box shall
be made with insulated wire connectors,
J.
Outer jackets shall be color coded as follows:
1. Three phase or single phase circuits, 120/208 volts:
a. Phase A - Black
b. Phase B - Red
c. Phase C Blue
d. Neutral - White
e. Insulated ground wire - Green
2. Three phase or single phase circuits, 480 volts:
a. Phase A - Brown.
b. Phase B - Orange.
c. Phase C - Yellow.
d. Insulated ground wire - Green.
3 . Only for large power cables and wires which do not have
color coded jackets: No. 6 and larger.
a. Install bands of adhesive non-fading colored tape
or slip-on bands of colored plastic tubing over the
cables and wires at their originating and
terminations points and at all outlets of junction
boxes.
b. Color shall be permanent and shall withstand
cleanings.
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EDC# 99060
16002 - 2
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1. 02
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1. 03
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1. 04
A.
1. 05
SECTION 16003
ENGINE GENERATING SYSTEM
GENERAL
Requirements contained in this Specification shall apply to
and govern the work under this Section.
WORK INCLUDED
The Contractor shall provide all labor and materials required
for relocating the generators to the new sites. He shall
assemble all parts for each individual generator including
generator, housing, muffler, heating equipment, controls,
isolators, electrical apparatus, piping and valves. Each
assembly shall be transported as a complete unit to each site.
The Contractor shall install the emergency generating plant at
the new site. Installation shall include but not limited to
providing concrete pad and installing generator, generator
housing, muffler, heating equipment, power requirements,
controls, isolators, electrical apparatus, piping and valves.
The Contractor shall provide starting batteries for each unit.
The batteries shall be capable delivering cold cranking amps
-required at zero degrees fahrenheit per SAE Standard J-537.
The Contractor shall also provide fuel tanks, fuel, and
interconnecting piping.
MANUFACTURERS
The generators to be relocated are as follows:
1. Two 800KW, 480V., 3 phase, Catepiller 3508 diesel
generator sets.
2. One 365KW, 480V, 3 phase, Kohler Model 350ROZ71, Commings
460 HP diesel engine generator set.
3. Three 138KW, 480V, 3 phase, Detroit Diesel generator
system Model GM6-71, 2 cycle.
GENERATOR LOCATION
Generator sets with housing and associated apparatus are
stored at Maxim Crane Works, 1615 Doug Benard Parkway,
Augusta, Georgia.
TESTING
~. "', Prior to,; ac::~epJ~ar;ce: :o.f t:9~ ,inst8,l~aE':t,gn(,' eq,ui)?.n.\~,Rt,:,sha~l.be ;:, ':. '.:"
.', " test,ed" to, show 1:t '1.8 ,,! free or any detects and wll:l start ",..'
automatically and be subject' to full load test through the use
of existing loads and dry type load banks supplied for this
EDC# 99060
16003 - 1
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purpose at the job site by the Owner provided experienced
generator set installer. Sufficient fuel for completing the
test shall be provided by the Contractor.
B. Load bank testing shall be done in the presence of the Owner's
engineer or his appointed representative only after the unit
is permanently installed in accordance with the plans and
specifications. If testing is completed without benefit of
engineers presence, testing shall be done again in his
presence. Testing shall be for a period of four (4) hours
under full load.
1.06 CERTIFICATE, TEST REPORTS, MANUALS & INSTRUCTIONS
A. Prio~ to the final inspection, deliver four (4) copies of the
following items to Engineer:
1. A certificate by the Experienced Generator Installer that
the auxiliary electrical power system has been properly
installed, adjusted and tested.
2. Certified copies of all of the construction site test
data sheets and reports for the engine generator set and
major auxiliaries.
B. Laminate or mount under plexiglass a set of operating
instructions for the system and install it under a neat frame,
readily accessible in the engine generator housing.
C. Furnish the services of, for each type generator, a competent,
factory trained engineer or technician for instructing
operating and maintenance personnel on the proper operation
and maintenance of the system at the time of testing.
1.07 SYSTEM SERVICE CONTRACT
A. The Contractor must provide a copy of and make available to
the Owner a service contract which, at the Owner's option, may
be accepted or refused. This contract will accompany any
documents, drawings, catalog cuts, specification sheets,
wiring or outline drawings, etc. Submitted for approval to
the designing engineer. The contract shall be for the
complete power system.
1.08 WARRANTY
A.
The complete standby electrical system installed under this
section shall be guaranteed against defective parts and
workmanship provided by the Contractor. It shall be for a
, period of not less than, two (2) years from date of final
:" '~lt.esting: a.nd acceptance of the syst;.~l!l,::?:nd: ?.l!all include l,abor"
parts' ind~1.ti.'a'ver ..:t'irti'e..., ';for 'necessary, repairs at :~::the..:,j ob ~s,Lt'e':
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END OF SECTION 16003
EDC# 99060
16003 - 2
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SECTION 16004
AUTOMATIC TRANSFER SWITCHES
1. 01
GENERAL
A.
All
of:
1.
2.
3 .
4 .
5.
6.
work of Section 16004 shall comply with the requirements
General Conditions
Supplementary General Conditions
General Requirements
Specifications
Drawings
Modifications incorporated in the documents before their
execution
1.02
SHOP DRAWINGS AND SUBMITTALS
A. Shall be submitted in accordance with requirements of the
Contract Documents.
1.03 EQUIPMENT
A. The automatic transfer switches shall be similar and equal to
Onan Series OT III automatic transfer switch equipment, The
transfer switch equipment shall be designed, built, tested,
furnished and warranted by the manufacturer to ensure the
swi tches are compatible wi th the genera tors furnished for
complete emergency standby power system. Transfer switches
shall be housed in a fiberglass enclosure, mounted where shown
on the plans.
1.04 RATINGS
A. All transfer switches shall be UL listed per Standard 1008,
CSAApproved, and rated for total system load (including motor
load, electric discharge lamps, resistive loads, and tungsten
lamps loads. Tungsten lamp load not to exceed 30% of
continuous current rating). All transfer switches supplied
shall be suitable for use on emergency and legally required
standby systems in accordance with National Electrical Code
and NFPA 99.
1. Transfer switches shall be 60 Hertz. Main power switch
contacts shall be rated for 600 volts AC minimum.
2. Transfer switches shall be contactor type NEMA Type A,
IEC Type PC and shall be rated to carry 100 percent of
rated. current continuously in, the enclosure. Transfer
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EDC# 99060
16004 - 1
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1. 05
3.
Transfer switches shall be rated for continuous operation
in ambient temperatures of -40 degrees F to +122 degrees
F, relative humidity of up to 95% noncondensing and
altitudes of up to 10,000 feet.
4 .
Transfer switches shall have minimum withstand and
closing ratings (RMS symmetrical amperes) as required for
the available fault currents. These ratings shall be
obtained without contact welding. These fault current
ratings shall be verified by UL witnessed test on
representative test samples and shall be the ratings
listed in the UL listing or component recognition
procedures for the transfer switches supplied.
5.
Where the line side overcurrent protection is provided by
molded case circuit breakers at 480 VAC or less, the
circuit breakers shall be of the type specified by the
manufacturer with the maximum size not exceeding the
maximum ratings listed in the UL listing or component
recognition procedures for transfer switches supplied.
6.
All transfer switches supplied shall be three pole and
have a full rated neutral with lugs for normal,
emergency, and load neutral conductors inside cabinet.
CONSTRUCTION
A. Transfer switches shall be double-throw construction,
posi ti vely electrically and mechanically interlocked by a
mechanical beam to prevent simultaneous closing for break
before make operation, and mechanically held in both normal
and emergency positions. Transfer switches using electrical
interlocking and make before break closed transition do not
meet this specification.
::'l.., .
EDC# 99060
1. Transfer switches shall not contain any integral
overcurrent devices in the main power circuit, including
molded case circuit breakers or fuses.
2.
Trans fer switches
attached operating
contact mechanisms
load.
shall be equipped with permanently
handles and quick-break, quick-make
suitable for manual operation under
3 .
Manual operating handles and all control switches (other
than key-operated switches) shall be accessible to
authorized personnel only by opening the keylocking
cabinet door. Transfer switches with manual operating
handles and/or nonkey-operated control switches located
on~',:ou.tside ':0J: cabinet .do not, mee't, this spe,cificatioq,.a.nd
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16004 - 2
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4. Transfer switches shall be equipped with direct acting
linear operators for simple, reliable and fast acting
transfer during automatic operation.
5.
Maximum electrical transfer
shall be six (6) cycles,
transition" feature is used.
time in
except
ei ther direction
where "programmed
6. All switches shall have covers which allow visual
determination of main contact position.
7. Main switch contacts shall be high-pressure silver alloy
contacts to resist burning and pitting for long life
operation. All switches shall have arc chutes of heat
absorbing material and metal leaves for positive
extinguishing of arcs. Arc chutes shall have insulating
covers to prevent interphase flashover.
8. Transfer switches shall have one Form C, 10 Amp 250 Volt
AC auxiliary switch on both normal and emergency sides,
operated by the transfer switch. These switches shall be
factory wired to an easy access terminal block and shall
be used to monitor transfer switch position for
controlling indicator lights or other peripheral
equipment.
9. Complete AL-CU lugs, UL listed and CSA approved, shall be
provided for normal, emergency, and load pos i tions .
Switches, top or bottom feed for load connections shall
be provided for slim design requiring less wall space.
Load connections shall be designed for field relocation,
either from top to bottom or vice-versa. Wiring bending
space at normal, emergency, load, and neutral lugs inside
the switch cabinets shall comply with NEC Article 373.
10. Provide auxiliary relays with 2 normally open and 2
normally closed contacts rated at 6 amps at 600 VAC to
provide remote indication of source status, set status,
or load status. Provide additional auxiliary relays as
required to provide proper functioning of system.
1.06 AUTOMATIC CONTROLS
A. Control shall be mounted inside of main lockable cabinet door,
to allow for ease of service access. Control disconnect plugs
shall be provided to de-energize control circuits to avoid
shock hazard while making control adjustments. The solid-
state,voltage sensors and time delay modules shall be plug-in
circuit boards with gold contacts for ease of service. The
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. 'powe'r line sl;lrges and, transients and test'ed to. IEEE StEmda"rd ,,'1'::-':,
587-1980. The control shall have optically isolated logic'
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EDC# 99060
16004 - 3
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inputs, high isolation transformers for AC inputs, and relays
on all outputs.
1. Solid-state undervol tage sensors shall simultaneously
monitor all phases of the normal source and all phases of
the emergency source to provide adjustable range sensors
for field adjustment for specific application need.
Pick-up setting shall be adjustable from minimum of 85%
to maximum of 98% of nominal voltage. Dropout settings
shall be adjustable from minimum of 75% to maximum of 98%
of pick-up setting with fixed dropout time delay of 0.5
seconds. Vol tage sensors shall be tempera ture
compensated over the temperature range of -25 degrees F
to 175 degrees F. Voltage sensors shall allow for
adjustments to sense partial loss of voltage on any phase
of normal or emergency source, even where motor feedback
voltages exist.
2. Solid state adjustable overvol tage sensors shall be
provided to simultaneously moni tor all phase of the
normal and emergency sources. Sensors shall be
adjustable for pickup settings from a minimum of 100% to
a maximum of 130% (+/-5%) with a dropout of 5% (+/-1%) of
nominal voltage above pickup setting. Provide adjustable
time delay of 0.5 to 2.2 seconds.
-3. Provide solid state over and under frequency sensor to
monitor the normal and emergency power sources. Sensor
shall be adjustable for pickup to minimum of +/- 4% to
maximum of +/- 20% of nominal frequency. Dropout shall
be +/- 5% of nominal wider than pickup frequency
bandwidth. Time delay shall be adjustable from 0.1 to 15
seconds.
4. Controls shall signal the engine-generator set to start
upon signal from normal source voltage sensors. solid-
state time delay start, adjustable from 0 to 5 seconds
factory set at 2 seconds shall avoid nuisance start-ups
on momentary voltage dips for ,momentary interruptions.
5. Switch shall transfer the load to the emergency power
system after the generator set reaches proper voltage and
frequency. Solid-state time delay transfer, adjustable
from 0 to 120 seconds (factory set at 2 seconds) shall
allow the engine-generator set to stabilize before
application of load.
6.
The transfer switch shall control the generator set to
allow generator set to start and transfer load within 10
,,' ..se~~n,d.&.~.C).f,t.e,r,:the, !lOf:ma~ S,o~t'9.e,J:lower fail~re ;,:':, '" It.:f3,~all
'he the responsib'iTity:"of the ,',installer':'Qf the ":emergency:',:, ~"..
power system that this requirement is met.
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EDC# 99060
16004 - 4
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7. Switch shall retransfer the load to the normal source
after normal power restoration. Solid-state time delay
retransfer, adjustable from 0 to 30 minutes (factory set
at 15 minutes), shall allow normal power to stabilize
before transfer.
8. Controls shall signal the engine-generator set to stop
after load retransfer to normal source. Solid-state time
delay stop, adjustable from 0 to 10 minutes (factory set
a 5 minutes) shall maintain availabili ty of emergency
source in event that normal source fails shortly after
retransfer and shall permit engine to run unloaded for
cool down before shut down.
9. The operating power for transfer and retransfer shall be
obtained from the source to which the load is being
transferred. Controls shall provide an automatic
retransfer of the load from emergency source to normal
source if emergency source fails when normal source is
available.
10. Controls shall provide buil t- in "control mode status
indicators", consisting of light emitting diodes to
indicate a sequence of functions such as the following:
Source 1 OK
Start Gen Set
Source 2 OK
Transfer Timing
Transfer Complete
Retransfer Timing
Retransfer Complete
Timing for stop
These indicators shall allow the operator to determine
that the controls are properly sequencing and shall
assist in determining sequence of any malfunctions that
might occur.
11. Start contacts for the engine control shall be gold type,
dry contacts wired to easy access terminal block and
compatible with the generator set control equipment
furnished.
12. Unit shall be provided with starting contacts for
generator starting from each switch independent of the
other.
1.D5 FRONT PANEL DEVICES
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consisting of switch position indicatO'r lamps (white NORMAL
EDC# 99060
16004 - 5
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and amber EMERGENCY), normal source available (green),
emergency source available (red), and a key-operated selector
switch to provide the following positions and functions.
1. 06
1.
TEST - Simulated normal power loss to control unit for
testing of generator set, including transfer of load.
Controls shall provide for a system test without load
transfer. Controls shall include provisions to
automatically return the system to the normal power
source if the generator set fails during any test or
exercise period.
2.
NORMAL - This is a normal operating position and it
restores the load to the normal source after test and
after time delays.
3.
RETRANSFER - Momentary position to override retransfer
time delay and cause immediate return to normal source
after test or actual outage.
4 .
Provide an AC Voltmeter, an Ammeter, and a Frequency
meter. Meters to be 2.5 inch, analog with 2% accuracy.
Provide a phase selector switch to allow reading voltage
and current line-to-line or three phase.
ACCESSORY ITEMS
A. The transfer switch enclosure at each generator set shall be
equipped with the following items:
.:
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EDC# 99060
1. Provide solid state exerciser clock to set the day, time,
and duration of generator set test period. Provide a
with/without load selector switch for the exercise
function.
2. Provide a float charge battery charger rated 10 amps at
12 or 24 VDC. An ammeter shall display charging current.
The battery charger shall have fused AC input and fused
DC output. Include LED fault displays for AC Fail, High
Battery, and Low Battery. Each fault shall operate a
Form C contact.
3. Provide a manual/automatic retransfer selector switch.
After normal power is restored, this switch shall provide
either automatic retransfer after time delay retransfer
has expired or a manual retransfer at a time selected by
operator.
.": ....
::END, OF' "s.E;crr'ION::))~}).&.~4.
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16004 - 6
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1. 01
A.
1. 02
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1. 03
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SECTION 16005
ENGINE GENERATOR TRAILER & HOUSING
GENERAL
All work of Section 16004 shall comply with the requirements
of:
1. General Conditions
2. Supplementary General Conditions
3. General Requirements
4. Specifications
5. Drawin<;,s
6. Modificcttions incorporated in the documents before their
execution
SHOP DRAWINGS AND SUBMITTALS
Shall be submitted in accordance with requirements of the
Contract Documents.
EQUI PMENT
The Contractor shall provide a trailer and mount one Owner
furnished 138 KW generator set with Contractor, provided
control panel, fuel tank, batteries, trickle charger, power
circuit breaker, accessories, housing and power cable with 200
amp female connection.
Trailer:
1. The trailer shall meet'ICC requirements for highway use.
2. The trailer shall have electric breaks, ICC runnlng
lights, ball couple, swivel wheel support, fenders, and
all appurtenances necessary for highway performance. The
weight distribution shall be balanced so that the tongue
and ball coupler may be handled by one person and the
trailer may be pulled by a ~-ton or larger pickup truck.
Fuel System:
1. An in-base fuel tank shall be provided and installed by
the Contractor. The capacity shall be 280 gallons. Tank
shall be constructed of \\ Iff beams with a 3/16" floor
plates and 10 gauge tank bottom. Tank shall incorporate
~" drain plugs on each end, 2" fill cap with locking
, provisions" level indicptor, supply pipe and;return pipe.
\.' :~.:. ..:ra'J:),}c.,:~~l1alJ... h9-v-e, ..q.CGe.,s.s pi:~.t~' for mou,nting oJ fuel, level
, .. 'aIarm a'nd' i%nk inspectfons. ,Tank shcilT"', be dual, wa).k':',-, :~'>
construction provided with leak detection.
.
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EDC# 99060
16005 - 1
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2. Tank shall be mounted to the skids of engine generator
and trailer platform. Isolator pads shall be installed
between pad and skid tank.
D. Weatherproof Housing & Exhaust Muffler Caps:
1. Housing shall consist of a weatherproof enclosure to
completely enclose the engine generator and accessories.
Housing shall protect the engine generator from the
environment, yet be conductive to easy maintenance.
Housing shall have removable swing out doors on each side
and lockable rear door for access to meters and controls.
Side doors shall have a means to pad lock. Construction
of housing shall be of a minimum 14 gauge sheet steel and
painted manufacturers standard color.
2. Exhaust muffler shall be mounted on top of housing. The
exhaust muffler shall be a critical grade muffler.
Muffler shall be factory installed so that its weight is
not supported by the engine, A flexible exhaust fitting
shall be supplied and installed between the muffler and
exhaust manifold. All accessories shall be factory
installed. This includes flanges, muffler, tail pipe and
rain cap.
E. Automatic Starting System:
1. Starting Motor - A (DC) electric starting system with
positive engagement is provided on the Owner furnished
generator sets manufacturer.
2. Automatic Control - Fully automatic generator set start-
stop controls in the generator control panel shall be
provided. Controls shall provide shutdown for low oil
pressure, high water temperature, over speed, over crank.
Controls shall include 30 second single cranking cycle
limit with lockout.
3. Jacket Water Heater - A unit mounted thermal circulation
type water heater incorporating a thermostatic switch
shall be furnished to maintain engine jacket water to 70
degrees F. the heater shall be 120 volt, single phase, 60
hertz. Provide pressure switch actuated by oil pressure
to shut down heater when oil pressure reaches running
pressure.
~:..;..
4. Battery Charging Alternator - A belt driven battery
charging alternator rated 24 volts, 35 amp DC shall be
p~?~id~~.on ~~e generator.
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EDC# 99060
16005 - 2
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5. Batteries - A led-acid storage battery set of the heavy
duty diesel starting type shall be provided. Battery
voltage shall be'compatible with the starting system.
The battery set shall be rated no less than 220 amp-
hours. Necessary cables and clamps shall be provided.
6. Battery Racks - Battery racks shall be provided for each
battery and shall conform to NEC 480-7 (a) (1). They
shall be constructed of metal and so treated as to be
resistant to deteriorating action by battery electrolyte.
Further, construction shall such that nonconducting
insulation material directly supports the cells.
7. Battery Charger - A current limiting battery charger
shall be provided to automatically recharge batteries.
Chargers shall float at 2.17 volts per cell. It shall
include overload protection, silicon diode full wave
recti f iers, voltage surge suppressor, DC ammeter, DC
volt-meter, and fused AC input. AC input voltage shall
be 120 volts, single phase. Amperage output shall be no
less than 6 amperes.
8. Two (2) - 20A, 120V, l-phase circuit with plug and cord
shall be provided and wired to a receptacle on the engine
generator. One circuit serves the battery charger, one
circuit serves the crankcase heater.
9. All wiring shall conform to manufacturer's wiring
diagrams and shall be installed in a neat manner and in
accordance with all other sections of the specification.
Wiring shall be stranded and terminated in the box type
terminals.
F. Generator Control Panel:
1. Type A generator mounted NEMA 3R type vibration
isolated 14 gauge steel control panel shall be provided.
Panel shall contain, but not be limited to the following
equipment:
a.
b.
c.
d.
e.
f.
g.
,h.
Frequency meter, 3 ~ inch, dial type.
Voltmeter, 3 ~ inch, 2% accuracy.
Ammeter, 3 ~ inch, 2% accuracy.
Ammeter - voltmeter phase selector switch.
Automatic starting controls as specified.
Voltage level adjustment rheostat.
Dry contacts for remote alarm wired to terminal
strips.
Individual, fault indicato~ lights for low oil
,'pressute;'i,high wat:e;r,.tem.p~r.ature,,: o,!~-r .pp~,ed, and
over crank';:; ':", :::' , .. ,..". ,:. .
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EDC# 99060
16005 - 3
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1. Three position function switch marked, RUN-STOP and
REMOTE.
J. Running time meter, oil pressure, battery charging
ammeter, and water temperature gauges.
G. Main Line Circuit Breaker:
1. A main line, molded case circuit breaker mounted upon and
sized to the output of the generator shall be installed
as a load circuit interrupting and protection device. It
shall operate both manually for normal switching
functions and automatically during overload and short
circuit conditions.
2. The trip unit for each pole shall have elements providing
inverse time delay during overload conditions and
instantaneous magnetic tripping for short circuit
protection. The circuit breaker shall meet standards
established by Underwriters Laboratories National
Electric Manufacturer's Association and National Electric
Code.
END OF SECTION 16005
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EDC# 99060
16005 - 4
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SECTION 16006
PULL BOXES, JUNCTION BOXES & FITTINGS
PULL BOXES, JUNCTION BOXES & FITTINGS
provided in the
the pulling of
systems wherever
the making of
Boxes shall be
required for
connections.
raceway
wires and
Pull boxes of not less than the minimum size required by the
National Electric Code Article 370 shall be constructed of
code-gauge galvanized sheet steel. Boxes shall be furnished
with screw-fastened covers. Boxes located on the exterior of
the building shall be watertight. Covers shall be secured
with tamper proof screws.
Boxes shall be securely and rigidly fastened to the surface of
which they are mounted or shall be supported from structural
member of the building either directly or by using a
substantial and approved metal rod or brace.
All boxes shall be so installed that the wiring contained in
them can be rendered accessible without removing part of the
bui Iding .
Where several circuits pass through a common pull box, the
circuits shall be tagged to indicate clearly their electrical
characteristics, circuit number and designation.
END OF SECTION 16006
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EDC# 99060
16006 - 1
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SECTION 16007
RELOCATING MOTORS AND SWITCHGEAR
1.01 GENERAL
A. Requirements contained in this specification shall apply to
and govern the work under this section.
1.02 WORK INCLUDED
A. The Contractor shall remove the motors and main switchgear
frOl~ the abandoned pumping station on Hwy 56. Designated as
Site 23 on the site location plan. Care shall be exercised in
this removal to prevent damage to the equipment removed as
well as prevent damage to the pumps and apparatus that
remains.
1.
The relocated motors shall be installed in the Golden
Camp Road Pumping Station, designated as Site 6 on the
site location plan. Existing motors at Site 6 shall be
removed and remain the property of the Owner. Pump motor
bases shall be modified to receive the relocated pump
motors or new motor bases shall be provided. Motors
shall aligned to match existing pumps. Prior to
operating the pumps the motor rotion must be coordinated
with the pump rotation.
2.
The relocated switchgear shall be installed in the Golden
Camp Pumping Station designated as Site 6 on the site
loca tion map. The switchgear shall be protected from
damage during removal and re-installation. Controls for
the motors shall connected to the existing controlling
system. Existing switchgear at Site 6 shall be removed
and stored at a site determined by the Owner. All
existing lights, receptacles and power requirements shall
be routed to the panelboard in the relocated switchgear.
1. 04
BUILDING ALTERATIONS
A. Close existing window opening with concrete block where shown
on plan. Close openings prior to installing new switchgear.
B. The building at present is served at 120/240 volts, three
phase. The new service will be 480 volt, three phase. Three
existing 75 horsepower and one 100 horsepower motors are
operating at 240 volt, three phase. The three replacement
motqrs are 75 horsepower and are for operation on 480 volt,
,.,.. :i.;:t~.f~e:7...J?ha~'e',~,::-. ~es:p,h;nect :the:.,~?<-is.~.~l},~ ;1.00 ,ho~s~gpwer. .p~ot6r fQ:t 'i
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EDC# 99060
16007 - 1
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Upon power failure all motors are to be re-started manually
for operating on the emergency generator to prevent
overloading the generator.
END OF SECTION 16007
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EDC# 99060
16007 - 2
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SECTION 16008
GROUNDING
1.01 GENERAL
A. Drawing and general provisions of the contract documents
including General and Supplementary Conditions apply to the
Section.
1.02 WORK INCLUDED
A. The work required under this section of the specifications
consist of furnishing, installation and connections of the
building secondary grounding systems. Exterior branch circui t
wiring and feeder conductors extended beyond the building are
included. The building electrical system shall be a three
phase, 4 wire grounded wye delta system supplemented with
equipment grounding system. Equipment grounding system shall
be established with equipment grounding conductors; the use of
metallic raceways for equipment grounding is not acceptable.
1.03 MATERIALS
A.
Provide all
specifications.
materials under this section
All materials shall be new.
of
the
B. All materials shall be UL listed and bear a UL label.
C. Refer to the specific specification section for the
description and requirements of materials mentioned herein for
installation.
1.04 GROUNDING CONDUCTORS
A. Grounding electrode conductor shall be bare of green insulated
copper conductor sized as indicated on the drawings.
B. Equipment grounding conductors shall be green insulated type
THHW, XHHW conductors sized as indicated on the drawings.
Where size is not indicated on the drawings, conductor size
shall be determined from the National Electrical Code table of
sizes of equipment grounding conductors.
C. Bonding jumpers shall be flexible copper bonding jumpers sized
in accordance with the National Electrical Code table on sizes
of equipment electrode conductors.
,.P-:,:r
; Ground rods",shall .p,e:-,314".x 10' .-,0" ,copper, clad steeL
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, END OF SECTION 1606a ' , ' .
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EDC# 99060
16008 - 1