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Home My WebLink AboutHEBBARD ELECTRIC INC NEWMAN TENNIS CENTER ELECTRICAL SERVIC COURT LIGHTING I I I I I I I I I I ~ I I I I I I I I CONTRACT DOCUMENTS AND SPECIFICATIONS FOR NEWMAN TENNIS CENTER NEW ELECTRICAL SERVICE AND COURT LIGHTING Augusta, Georgia ;-.... Prepared for Augusta Recreation and FMks Department 2027 Lumpkffittoad Augusta, Georgif!. '30916 April 2009 ACOR~M~ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 0811112009 THIS CERTIFICATE IS ISSUED A A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Insurance Services of Augusta Phone: 706-738-0411 Fax: 706-737-0875 P.O. Box 12177 Au usta GA 30914-2177 INSURED Hebbard Electric, Inc. 2002 Westside Drive Augusta, GA 30907 INSURERS AFFORDING COVERAGE INSURER A: All America Insurance Com an INSURER B: Central Mutual Insurance Com an' INSURER C: INSURER D: INSURER E: NAIC# COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~ ~~~ POUCY NUMBER POUCY EFFECTIVE POUCY EXPIRATION LIMITS ~NERAL UABILlTY EACH OCCURRENCE $ 1,000,000 A L 5MMERCIAL GENERAL L1ABILI1Y CLP 7555569 03129109 03/29110 DAMAGE TO R,E~~~n~' $ 300,000 - ClAIMS MADE 00 OCCUR MED EXP (Anv one oersonl $ 5,000 L Contractual Liebility PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 2,000,000 ~'L AGGRElTiE LIMIT APnS PER: PRODUCTS - COM PlOP AGG $ 2,000,000 POLICY X p'~R-r LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A L MjY AUTO BAP 7555568 03129109 03/29110 (Ea accident) - ALL OWNED AUTOS BODILY INJURY (Per person) $ - SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) ~RAGE LIABILITY AUTO ONLY - EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ ~ESSlUMBRELLA LIABILITY EACH OCCURRENCE $ 2,000,000 B X OCCUR 0 CLAIMS MADE CXS 7555570 03129109 03/29/10 AGGREGATE $ 2,000,000 $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I WC STATU- I IOJb'- A EMPLOYERS' LIABILITY we 755557114 03/29/09 03/29/10 E.L. EACH ACCIDENT $ 1,000,000 MjY PROPRIETORlPARTNERlEXECUTIVE $ 1,000,000 OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE If yes. describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 SPECIAL PROVISIONS below OTHER A Leased and Rented Equipment CLP7555569 03129109 03f29f1 0 Limit: $50,000 DESCRIPTION OF OPERATIONS' LOCATIONS' VEHICLES' EXCLUSIONS ADDED BY ENDORSEMENT' SPECIAL PROVISIONS Re: Newman Tennis Center, New Electrical and Court Electrical CERTIFICATE HOLDER CANCELLATION Augusta, Georgia 2027 Lumpkin Road SHOULD ANY OF THE ASOVE DESCRIBED POLICIES BE CANCELlED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATI <DMA> Augusta, GA 30916-5605 ACORD 25 (2001/08) I I I I I I I I I I I I I I I I I I I CONTRACT DOCUMENTS AND SPECIFICATIONS FOR NEWMAN TENNIS CENTER NEW ELECTRICAL SERVICE AND COURT LIGHTING Augusta, Georgia Prepared for Augusta Recreation and Parks Department 2027 Lumpkin Road Augusta, Georgia 30916 April 2009 I I I I I I I I I I I I I I I I I I I CONTRACT DOCUMENTS AND SPECIFICATIONS FOR NEWMAN TENNIS CENTER NEW ELECTRICAL SERVICE AND COURT LIGHTING Augusta, Georgia Augusta-Richmond County Commission The Honorable Deke S. Copenhaver Mayor Alvin Mason, Mayor Pre-Tern COMMISSION J. R. Hatney Betty Beard Corey Johnson Joe Jackson Don Grantham Jimmy Smith Jerry Brigham Joe Bowles Calvin Holland Sr. Drew Goins Interim Director Augusta Utilities Department 360 Bay Street Suite 180 Augusta, Georgia April 2009 SC Special Conditions 'fS..0 Index to Technical Specifications TS Technical Specifications LIST OF DRAWINGS I I I I I I I I I I I I I I I I I I I SECTION I m BID BB A NA NP PB CO GC SGC SC-O TABLE OF CONTENTS TITLE #OFPAGES 2 2 Invitation for Bids Instructions to Bidders Section Bid 5 2 3 Bid Bond Agreement Notice of Award 1 Notice to Proceed 1 Performance and Payment Bonds 5 Change order 1 General Conditions 51 Supplemental General Conditions 1 Index to Special Conditions 1 6 1 20 Cover 1 2 Location Map and Drawing List Electrical Notes, Legend, Schedules Lighting Plan I Invitation To Bid I Sealed bids will be received at this office until 3:00 p.m.. Wednesday, June 17, 2009 for furnishing: Bid Item #09-116 Newman Tennis Center New Electrical Service and Court Lighting for Recreation and Parks Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 I I I Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street - Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from Imaging Technology. The fees for the plans and specifications which are non-refundable is $25.00 Documents may also be examined during regular business hours at the Augusta Builders Exchange, 1262 Merry Street, Augusta, GA 30904; F. W. Dodge Plan Room, 1281 Broad Street, Augusta, GA 30901. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.itrepro.com) at no charge through Imaging Technology (706 724-7924) beginning Thursday, May 7,2009. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that sequestration of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre-Bid Conference will be held on Friday, May 29, 2009@ 10:00 a.m. at the Procurement Department - 530 Greene Street Room 605. All questions must be submitted in writing to the office of the Procurement Department by fax at 706-821-2811 or by mail. No bid will be accepted by fax, alf must be received by mail or hand delivered. All questions are to be submitted in writing by Tuesday, June 2, 2009 by 3:00 p.m. No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted in a separate envelope s.o marked along with the bidders' qualifications; a 100% performance bond and a 100% payment bond will be required for award. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and aU contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark BID number on the outside of the envelope. I I I I I I I I I GERI A. SAMS, Procurement Director I Publish: Augusta Chronicle Metro Courier May 7,14,21,28,2009 May 13, 2009 cc: T ameka Allen T om Beck Ron Houck Interim Deputy Administrator Recreation and Parks Recreation and Parks I I I I I SECTION IB INSTRUCTION TO BIDDERS I I IB-Ol 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. I I I I I Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-OZ 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, quality and quantity 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 I No interpretation of the meaning of plans, specifications or other pre-bid documents will be made to any bidder orally. I Every request for such interpretation should be in writing addressed to the Geri A. Sams, Director of Purchasing; Purchasing Department; Room 605; 530 Greene Street; 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 facsimile or U.S. mail to all prospective bidders (at the respective addresses furnished for such purposes), not later than five 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. I I I I I I I I I 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 items 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. IB-1 I I I 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. I I 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. I 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. I I I IB-06 BIDDER'S QUALIFICATIONS I 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 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. I I IB-07 PERFORMANCE BOND I I 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 satisfactory to the OWNER and authorized by law to do business in the State of Georgia. I I I Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. 1B-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. I I IB-2 I I I I I I I I I I I I if COpy SECTION BID ~,BID .; .'.' PROPOSAL OF Hebbard Electric, rnc. (hereinafter) called "BIDDER", organized and existing under the laws of the State of Georgia , doing business as Hebbard Electric, rnc. * TO: Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, GA30901 In compliance with your Advertisement For Bids, BIDDER hereby proposes to perform all WORK of the Contract for "NEWMAN TENNIS CENTER, NEW ELECTRICAL SERVICE AND COURT LIGHTING" in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the price stated below. By submission of this BID, each BIDDER certifies, and in the case of joint BID, each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence work under this Contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete the Project within 180 consecutive calendar days thereafter. BIDDER further agrees to pay as liquidated damages, the sum of $200.00 for each consecutive calendar day thereafter as provided in Article II, paragraph 3 of the Agreement. BIDDER acknowledges receipt of the following ADDENDUM (A) : No. N/A Dated No. N/A Dated No. N/A Dated BIDDER agrees to perform all the work described in the BASE BID of the CONTRACT DOCUMENTS for the total sum of Sixty five thousand seven hundred twenty one dollars and no cents Dollars ($ 65, 721 . 00 ) . ------------------------------------------------------------------------------- AMOUNTS ARE TO BE SHOWN IN BOTH WORDS AND FIGURES. IN CAS~ OF DISCREPANCY, THE AMOUNT SHOWN IN WORDS SHALL GOVERN. ------------------------------------------------------------------------------- 0905-00 BID. Doe 'ZEL. ENGINEERS B1D-1 ~ ~ ~ I I I I I I I I I I I SECTION BID ,-, B;rD ')-.--.' BASE BID The following shall be included in the base bid of the Newman Tennis Center, New Electrical Service and Court Lighting: Contractor is to provide all labor, equipment, and materials necessary to construct a complete and operable lighting. system for courts 15 and 16 as required by the drawings and specifications. This includes but is not necessarily limited to a new electrical service, panelboard, time clock, contactor panel, and controls and power conduit and wiring as shown on drawings. Provide'all light poles, lights, conduits, wires, contactors, and control switch that serves courts 15 and 16. Provide breakers shown for courts 11 and 12 and label as spares if add alternate is not accepted. Complete in place, in accordance with the contract documents. Total Base Bid Sixty five thousand seven hundred twenty one dollars and no cents Dollars ($ 65.721.00 ADD ALTERNATE The following shall be included in the add alternate bid of the Newman Tennis Center, New Electrical Service and Court Lighting: Contractor is to provide all labor, equipment, .and materials necessary to construct a complete and operable lighting system for courts 11 and 12 as required by the drawings and specifications. This shall include but is not necessarily limited to light poles, lights, conduits, wires, contactors, and control switch serving courts 11 and 12. Complete in place, in accordance with the contract documents. Total Add-Alternate Bid. Fiftv eight thousand one hundred eighty dollars and no cents Dollars ($ 58,180.00 TOTAL SUM = $123,901.00 One hundred twenty three thousand nine hundred one dollars and no cents. 0805-00 BID.Doc 'ZEL. ENGINEERS, B10-2 I I , SECTION BID ~,BID BIDDER understands that the OWNER reserves the right to reject any or all Bids and to waive any informalities in the Bidding. The BIDDER agrees that this aid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving Bids. Upon receipt of written Notice of Acceptance.of this Bid, BIDDER will execute the formal Contract within ten (10) days and deliver a Surety Bond or Bonds as required by Article 1 of the General Conditions. The Bid Security attached in the sum of Twelve thousand three hundred ninety dollars and no cents Dollars ($ 12,390.00 is to become the property of the OWNER in the event the Contract and Bond are not executed within the time set forth as liquidated damages for the delay and additional expense to the OWNER caused thereby. Respectfully Submitted: B~~~ Title: Vice-President Firm Name: Hebbard Electric, rnc. Address: 2002 Westside Drive ~1l1J1l~t-;=t, GJ'. 10Q07 Q?11 (SEAL - if Bid is by a Corporation) 080S-00 BID.Doe B1D-3 'ZEL. ENGINEERS .. . . . .~- STATEMENT OF NON-DISCRIMINATION The undersigned understands that it is the policy of Augusta-Richmond County to promote full and equal business opportunity for all persons doing business with Augusta-Richmond County. The undersigned covenants that we have not discriminated, on the basis of race, religion, gender, national origin or ethnicity, with regard to prime contracting, subcontracting or partnering opportunities. The undersigned covenants and agrees to make good faith efforts to ensure maximum practicable participation of local small businesses on the bid or contract awarded by Augusta-Richmond County. the undersigned further covenants that we have completed truthfully and fully the required forms regarding good faith efforts and local small business subcontractor/supplier utilization. The undersigned further covenants and agrees not to engage in discriminatory conduct of any type against local small businesses,"'in conformity with Augusta-Richmond County's local Small Business Opportunity Program. Set forth below is the signature of an officer of the bidding/contracting entity with the authority to bind the entity. The undersigned acknowledge and warrant that this Company has been made aware of understands and agrees to take affirmative action to provide such companies with the maximum practicable opportunities to do business with this Company; That this promise of non-discrim ination as made and set forth herein shall be continuing in nature and shall remain in full force and effect without interruption; That the promises of non-discrimination as made and set forth herein shall be and are hereby deemed to be made as part of and incorporated by reference Into any contract or portion thereof which this Company may hereafter obtain and; That the failure of this Company to satisfactorily discharge any of the promises of nondiscrimination as made and set forth herein shall constitute a material breach of contract entitling the City of Augusta to declare the contract in default and to exercise any and all applicable rights remedies including but not limited to cancellation of the contract, termination of the contract, suspension and debarment from future contracting ~g:i1~ng and or forfeiture of compensation due and owing 00 a contract President ~ Hebbard Electiic, Inc. Title of Attesting Party ~~~ Notary Signa e Subscribed and swom-19 before me this /711 day of vtt/l~ ,20gg WAYNE F. l{l'!'ChCl';,:} ,GA t-29-09 My commission expires: This form MUST be submitted with bid package. NO Exception(s) will be granted I' II II I( I( If II Ir I( If If If If If I i - I I :~ A CONFLICT OF INTEREST: It shall be unethical for any City of Augusta business or participant directly or indirectly in a procurement contract when the employee or official knows that: (a) the employee or official or any member of the employee;s or official's immediate family has a substantial interest or financial interest pertaining to the procurement contract, except that the purchase of goods and services from businesses which a member of the Commission or other City of Augusta employee has a financial interest is authorjzed as per O.C.G.A. 36-1-14, or the procurement contractis awarded pursuant to O.O.GA 45-10-22 and 45-10-24, or the transaction is excepted from said restrictions by O.C.GA. 45-10-25; (b) Any other person, business, or organization with whom the employee or official of any member of an employee's or Official's immediate family is negotiating or has an arrangement concerning prospective ~ e!!'ployment is involved in the procurement contract. Any employee or official or any member of an employee's or official immediate family who holds a substantial interest or financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that substantial interest or financial interest. I, (vendor) Hebbard Electric. Inc. contained in the bid specifications. Vendor Name: Hebbard Electric, Inc. have read and understand the information Address: 2002 Westside Drive City & State: Auqusta, GA 30907-9211 . Ph.~e#:( ~U4m Slgnature:,~ /l .. {/ , Bid Item Number and Name: 706-447-4342 Fax # ( Date: June 17. 2009 #09-116 Newman Tennis Center New Electrical Servioe and Court Lighting for Recreation and Parks Department This form MUST be submmed with bid package. NO Exception(s) will be granted I I I I I I I I I I I I I SUBSCRIBED AND SWORN: BEFORE ME ON THIS THE I 17th ;V o~:e= I Notary~' My CQIJ)r:n.is.sjQn E2<Pires: WAYNb F. KITCHENS NOTARY PUBLic CULUMBIA COUNTY, GA I MY COMMISSION EXPIRES 11=29-09 MUST BE RETURNED WITH YOUR SUBMmAL I I I BidJRfP/RFQ # 09 -11 6 CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta Richmond County Board of Commissioners has registered with and'is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (lRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A 13-10-91. The undersigned further agrees that, should it'employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Augusta Richmond County Board of Commissioners, contractor will secure from such subcontractor( s) similar verification of compliance with O.C.G.A 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 ora substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Augusta Richmond County Board of Commissioners at the time the subcontractor( s) is retained to perform such service. 100591 E-Verify * User Identification Number Please Check One 500 or More _ 100 or more _ 100 or less L Number of Employees Dare: June 17, 2009 BY' Authorized OffICer or Agent (Contractor Signature) President Title of Authorized Officer or Agent of Contractor John H. Hebbard, Jr. Printed Name of Authorized Officer or Agent ./ Vendor with 100 employees or more - must have an E-Verify * User Identification Number ./ Vendor with less than 100 employees - check 100 or less box, fill out the form and retum with your submittal. (Georgia Law requires you to have an E-Verify*User Identification Number on or after July 1, 2009.) ,200L SEAL I I I I I I I I I I I I I I I I I I I Bid/RFP/RFQ # 09 -11 6 SUBCONTRACTOR AFFIDAVIT .; ~. ." By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13-10-91, ':stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contract with M~.l?,)bard Electric-N/A on behalf of Augusta Richmond County Board of Commissioners nas registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Refonn and Control Act of 1986 ([ReA). P.L. 99-603], in accordance with the applicability provisions and deadlines established in O. C. G. A 13-10-91. N/A E-Vemy * User Identification Number Please Check One 500 or More 100 or more 100 or less Number of Employees N/A Comp-any Name ~~ "~I f/~ BY: Authoriz:~cer or Agent V (Contractor Signature) President - Hebbard Electric. Inc. Title of Authorized Officer or Agent of Contractor John H. Hebbard, Jr. Printed Name of Authorized Officer or Agent Dare: June 17, 2009 ./ Vendor with 100 employees or more - must have an E-Verify * User Identification Number SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 17th DAYOF ~"- ~~j~1 Notary Public My Commission Expires: WAYNE F. KITCHENS NOTARY PUBliC COLUMBIA COUNTY, GA MY OOMMISSION BXPlRES 11..29-09 ./ Vendor with less than 100 employees - check 100 or less box, fill out the fonn and return with your submittal. (Georgia Law requires you to have an E-Verify*Userldentification Number on or after July 1. 2009.) , 2009_ SEAL MUST BE RETURNED WITH YOUR SUBMITTAL If there are no subcontracting opportunities, please fill out the form (write N/A; sign, date and notarize). ~ ~ ~ II '- I...,.. . '- t. b A In accordance with the Laws of Georgia, the following affidavit is required by all vendors NON~COLLUSION AFFIDAVIT OF BIDDER/OFFEROR I, John H. Hebbard certify that this bid or proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same work, labor or service to be done or the supplies. materials or equipment to be furnished and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and. federal law and can result in fines, prison sentences and civil damages awards. I agree to abide by all conditions of.this bid or proposal and certify that I am authorized to sign this bid or proposal for the bidder, Affiant further states that pursuant to O,C.G.A. Section 36-91~21 (d) and (e), Hebbard Electric, Inc. has not, by itself or with others, directly or indirectly, prevented or attempted to prevent competition in such bidding or proposals by any means whatsoever. Affiant further states that (s)he has not prevented or endeavored to prevent anyone from making a bid or offer on the project by any means whatever, nor has Affiant caused or'induced another to withdraw a bid or offer for the work. Affiant further states that the said offer of Hp.hht'lrn F.l P.ctr; c, Tnc is bona fide, and that no one has gone to any supplier and attempted to get such person or company to furnish the materials to the bidder only, or if furnished to yother bidder. that the material shall be at a higher price. Sig president Title of Attesting Party Sworn t re me this /716 day of -;1;1 t.. ,200~. (AffiX corporate seal here, if a corporation) WA'{NE F. KlTCti.l.:'1'0 Notary PublicN.oTARY PI my .1(; (;01 J T1\ffiT A. rOT TNTY, GA MYCOMMISSlONBXPIRES 11-29-09 County: Commission Expires: SEAL Failure to properly execute the above affidavit must be considered grounds for rejecting vendor submittal Failure to properly affix a Corporate Seal if you are a corporation will be considered grounds for rejecting vendor submittal - ,'--' .. - ...... .- .' .,L- .,.~ A In accordance with the Laws of Georgia, the following affidavit is required by all vendors NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR 1, N / A certify that this bid or proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same work, labor or service to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences and civil damages awardS. I agree to abide by all conditions of this bid or proposal and certify that I am authorized to sign this bid or- proposal for the bidder. Affiant further states that pursuant to O.C.G.A. Section 36-91-21 (d) and (e), N / A . has not, by itself or with others, directly or indirectly, prevented or attempted to prevent competition in such bidding or proposals by any means whatsoever. Affiant further states that (s )he has not prevented or endeavored to prevent anyone from making a bid or offer on the project by any means whatever, nor has Affiant caused or induced another to withdraw a bid or offer for the work. Affiant further s~ates that the said offer of N / A is bona fide, and that no one has gone to any supplier and attempted to get such person-or company to furnish the materials to the bidder only, or if furni ed to any other bidder, that the material shall be at a higher price. Electric, Inc. ;-;;;A" ,200~. (Affix corporate seal here, if a corporation) Notary Public: County: V.t..^_YNg P. KITGIE.NS NOTARY PUBLIC COLUf\fBIA COtTNTY, GA MYOOMLHSSlrnlEJrrmrs H.e~ SEAL Commission Expires: Failure to properly execute the above affidavit must be considered grounds for rejecting vendor submittals If there are no subcontracting opportunities, please fill out the form (write N/A, sign, date and notarize). I ~ I lU I/) 8 Q) c:: (/> I co ..!!3 CD :E CD .c: ~ I/) I co C) c:: 0 ~ ;: :c "0 I 0.. co ~. CD (/> :;) Z ....: ::> (.) 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CD .r. - ~ I I I KNOW ALL BY THESE PRESENTS, That we, Hebbard Electric, Inc., 202 Wests ide Drive, Augusta, Georgia 30907 I I I Bib BOND of (hereinafter called the Principal), as Principal, and Travelers Casualty and Surety Company of America (hereinafter called the Surety), as Surety are held and firmly bound unto Augusta GA Commission (hereinafter called the Obligee) in the penal sum of 10% of Bid Amount - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I I I to the Obligee on a contract for Newman Tennis Center - New Electrical Service and Court Lighting for Recreation and Parks _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ,.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 10% of Bid Amount ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBUGA TION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal Department Bid Item #09-116 I I I I I I I I I NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 17th day of ~~~j~ ~ Witness June , 2009 Hebbard Electric, Inc., 202 Wests ide Drive, Augusta, Georgia 30907 (Seal) { Principal Title , ~<tY~-r Witness Travelers Casualty and Surety Company of America { By [3ua L~ Buck Leigh V Attorney-in-Fact I S-0053/GEEF 10/99 POWER OF ATTORNEY WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER '.. ~ TRAVELERSJ Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attomey,In Fact No. 214725 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 002986685 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company isa corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, 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 I I Jeannie A. Albus, Thomas M. Albus, and Buck Leigh I I of the City of T .exington . State of South Carolina , their true and lawful Attomey(s)-in-Fact, each. in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in anyattions ()r proceedings allowed by law. I IN WITNESS WHEREOF, the Companies have caused this instn1fI1l:\~t to be signed and~~i~;{X)iporate seals to be hereto affixed, this da f May 2009 .... ..... .... ... . yo ,'. . 6th I I Farmington Casualty CQmpany Fidelity and Guaranty :rnsurllllc~ Compan~ Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company I @) I I State of Connecticut City of Hartford ss. I St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: On this the 6th day of May 2009 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, S1. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, S1. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. I I In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. I I 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ,<<\w C. j~ '- Marie C. Tetreault, Notary Public ACORD TtoI CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDIYYYY) " ,0312012009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY- THE POLICIES BELOW. 'surance Services of Augusta hoo.e:'706-738-0411 Fax: 706-737-0875 'JX 11177 A sta GA 30914-2177 ISUREn'O Hebbard Electric, Inc. 2002 Westside Drive Augusta, GA 30907 INSURERS AFFORDING COVERAGE INSURER A: All America Insurance Com an INSURER B: Central Mutual Insurance Com an INSURER c: INSURER 0: INSURER E: NAIC# OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING I ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PE';TAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLlCIEb. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN~ ..~~~ POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS l ~ERAL LIABILITY EACH OCCURRENCE $ 1 000,000 X CLP 7555569 03129109 0312911 0 DAMAGE TO RENTED $ 300.000 COMMERCIAL GENERAL LIABILI1Y -I CLAIMS MADE [!] OCCUR MED EXP (Anv one oarson\ $ 5,000 I ~ Contractual Liability PERSONAL & ADV INJURY $1,000.000 - GENERAL AGGREGATE $ 2.000.000 fl'LAGGREfil LIMIT APnS PER: PRODUCTS - COMP/OP AGG $ 2,000 000 [ ,: POLICY X ~bW; LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 v BAP 7555568 03129109 03129110 (Ea accident) ~ ANY AUTO f-- ALL OWNED AUTOS BODILY INJURY $ I SCHEDULED AUTOS (Per person) f-- I-- HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) I-- ~ I-- PROPERTY DAMAGE $ ,/ (Per accident) iGE LIABILITY AUTO ONLY - EA ACCIDENT $ AtN AUTO OTHER THAN EAACC $ I~ AUTO ONLY: AGG $ ~ESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 2.000,000 B X OCCUR 0 CLAIMS MADE CXS 7555570 03129109 03129110 AGGREGATE $ 2,000,000 II $ rl DEDUCTIBLE $ RETENTION $ $ I~ WORKERS COMPENSATION AND 1.,.vx.~~rf:J:l~ I 10J~- EMPLGYERS' LIABILITY WC 755557113 03129109 03129110 E.L. EACH ACCIDENT $ 1 000,000 ANY PROPRIETORIPARTNERlEXECUTIVE $ 1,000.000 OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 SPECIAL PROVISIONS below IA OTHER Leased and Rented Equipment CLP 7555569 03129109 03129110 Limit: $50,000 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Fax: 706-312-5037 I Augusta, GA 30916-9270 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .J!L.. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE <DMA> CERTIFICATE HOLDER Augusta Richmond County P.O. Box 9270 "---- ACORD 25 (2001/08) , I I I I I , I SECTION BID .......~ BID DATA TO BE SUBMITTED WITH BID A. SUPPLEMENTAL INSTRUCTIONS: The following instructions supplement the requirements of the Information For Bidders and provides instructions for completing the schedules which follow. 1. The Bidder shall submit a list of names and addresses of at least five (5) clients for which the Bidder has constructed similar work of comparable size and co~plexity. Reference IB-06 BIDDERS QUALIFICATIONS of Page 1B-2 of these Contract Documents. .2. The Bidder shall list in the space provided in Schedule C ALL major subcontractors to be used for construction of the project. Subcontractors so listed shall be used for the contract construction unless their replacement is approved by the Engineer and the Owner. B. LIST OF PREVIOUS PROJECTS: 1. Project Name: Site Electrical Client/Owner: Augusta utilities -Highland Ave. Water Plant Engineer: Electrical Designs Completion Date: July 2009 ; Approx. Contract Amount $ $2,163,727.00 2. Project Name: Blanchard Woods Ball Fields Client/Owner: Columbia County Recreation Department Engineer: Johnson, Laschober & Associates Completion Date: August 20CPApprox. Contract Amount $556,024.00 3. Project Name: Laney High School Sport Lighting Client/Owner: Richmond County Board of Education Engineer: Electrical Designs 4. Completion D!!l te: Oc t . 2006 ; Approx. Contract Amount $ 398, 042 . 00 Milton Ruben Parking Lot Lights Project Name: Client/Owner: Milton Ruben Cheverlot John H. Hebbard, Jr. Engineer: Completion Date: 10-2005 ; Approx. Contract Amount $ $ 6 7 , 809 . 00 0805-00 BID,Oo<: 'ZEL. ENGINEERS. BID-4 SECTION BID <BID. . I I I I . I I I I I I I I I I I I I I I Address: 2. Electrical: N/A Address: 3. Mechanical: N / A Address: 4. OTHER: Address: 'ZEL. ENGINEERS, oe OS-OO BID.DoC: BID-5 I I I I I I- I I I I I I I I I I I I I Section A Agreement ~ { THIS AGREEMENT, made on the ~ day of ;:JtA.<iro . 20~by and between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA-RICHM COUNTY COMMISSION, party of the first part, hereinafter called the OWNER, and Hebbard Electric. Inc., 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: NEWMAN TENNIS CENTER NEW ELECTRICAL SERVICE AND COURT LIGHTING and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby made a part of this agreement ARTICLE IT - TIME OF COMPLETION /LIOUIDATED 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 180 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 CONDmONS 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 within 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 CON1RACTORSHALLNEGLECT, 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 and no/10Os ($200.00) 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 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 is further agreed that time is of the essence for each and every portion of this Contract, and the specifications wherein a definite portion and certain length of time is fixed, if additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of this contract. 0805-00 Agreement.doc A-I I I I I I I I I I I I I I I I I I I I 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 ofItems. No variations shall be made in the amount except as setforth in the specifications attached hereto. (B) Progress Payment On no later than the fifth day of every month, the Contractor shall submit to the OWNER's Engineer (hereinafter called, the PROFESSIONAL) 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 Professional. 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 written notice that the work is ready for final inspection and acceptance, the Professional 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 under the terms and conditions 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 Professional 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) H after the work has been substantially completed, full completion thereof is materially delayed through no fault of the CONTRACTOR, and the Professional, 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. 0805-00 Agreemeotdoc A-2 I I I I I I I I I I I I I I I I I I I IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. A3-L,~ /Aj !l7~ Witne (SEAL) ~:B ~ ~~~ VY- 'itness ~:> I t" OWNER: AUGUSTA, GEORGIA By: cJ2 ~ . Ct --- As its Mayor V r:t { 01 By: pflL5( 0 Ertt Address: 2002 Westside Drive Augusta, GA 30907-9211 I ~ NOTICE OF AWARD OR" I I DATE: CONTRACTOR: Hebbard Electric, Inc. I ADDRESS: 2002 Westside Drive I I I I I Augusta City GA State -309079211 Zip Code PROJECT: NEWMAN TENNIS CENTER PROJECT NO: 0805-00 At a meeting of the you were awarded the Contract for the following Project: held on (Date) ~ U ly t/; J.OO ( NEWMAN TENNIS CENTER, NEW ELECTRICAL SERVICE AND COURT LIGHTING Enclosed please find 6 copies of the Contract Documents for your execution. Please complete the pages, affixing signatures, dates, notary and/or corporate seals, etc. where necessary and return to this office 1 0 days from the date of this letter, excluding Legal Holidays. I The Certificate of Insurance must be complete. Power of Attorney must be submitted in triplicate; an original and two copies is permissible. I I I I Very truly yours, Augusta Recreation and Parks Department Project Engineer Reciept of this NOTICE OF AWARD is hereby acknowledged this, the ~VQV6-t 2009 PflE.6 t 0 ~)J-t \-\~e8~~ E-\c.~tfuI- I I I Contractor By Please sign and return one copy of this No . of Award Acknowledgement to: Augusta Recreation and Parks Department 2027 Lumpkin Road Augusta, GA 30916 Title I I I I I I I I I I I I I I I I I I I I I ~\JGU ~& - ~ORG NOTICE TO PROCEED DATE: TO: Hebbard Electric, Inc. Attn: 2002 Westside Drive Augusta, GA 30907-9211 NEWMAN TENNIS CENTER, NEW ELECTRICAL SERVICE AND PROJECT: COURT LIGHTING PROJECT NO: 0805-00 You are hereby notified to commence WORK in accordance with the Agreement dated ':r u. ly J.. ~;;..m i on or before , and you are to complete the WORK within 180 consecutive calendar days thereafter. The date of completion of all WORK is therefore Very truly yours, Augusta Recreation and Parks Department Project Engineer Receipt of this NOTICE TO PROCEED is hereby acknowledged th This, the 11 day of ~, 2009 Contractor. . Hebbard Electric. ~ By: ~ W_ Title: _~{)J;.S}, ~ c 1'it Please sign and return one copy ofthis Notice to Proceed Acknowledgement to: Augusta Recration and Parks Deparbnent 2027 Lumpkin Road Augusta, Ga 30916 I I I I I I I I I I I I I I I I I I I 105 310 168 SECTION PH PERFORMANCE BOND (NOTE ; THIS BOND IS ISStJED SIMULT ANJ:l0USLY lN111-I PA YMENr BOND ON PAGE PB-3, IN FAVOR OF TIIB OWNER CONDrrIONED FOR THE P AYMENI' OF LABOR AND MATERJA.L) KNOW ALL MEN BY THESE PRESENTS: That Heb'Q.ard El~~lljc, Inc'-----___...__._.._____..._~_._________ as Principat hereinafter caned Contractor, a11d ._~~-leJ..-s C3:?'1,E.J,:t;y an:LS!;Il::el:;y~of-.AlrEt::i..ca.......-___---, a corporation organized and existing under the laws of the State of ~~_._._,with f-:ErUar d f CJ::rn::cti0lt S its principal office in the City of 0.: __.__~ . .____._....___, as ure1y, hereinafter caned Surety, are held and fixmly bound unto AUGUST A, GEORGIA BY AND TI-IROUGH THE AUGUST A COMMISSION as Ohligee, hereinafter caUed the Owner, in the penal amount of Sixty ElV..f.Thousang,,_~~"{~!l HU~lq.!:~l TwentY-One al'ld n/lOa Dollars ($652.~1.00) fm.' the payment whereof Contractor and Su.rety bind themselves, their heirs, executort>r adl1lillislJ:ators, successors, and assigrlS,. jointly and severally, firmly by these presents fOl' the faithfuJ perfonnance of a certain written. agreement. , :Su fy ~J. :200t WHEREAS, Contractor has by said written agreement da.h:~d _ 1~~ 1. f _~___.__..__ entered into a contract with Owner for the ~J.N.NAJ\LT1;::NNIS ~ENTER'--NEW:J~:LE(:TI~~AL SERVICE AND CQl[EI1JGmJ1:{g in accOl'dance 1/l1ith the drawings and specifications issued by the Augusta Recreation and Parks Depart1nent and the Augu.sta-Richmond Count.y Commission, which contract is by reference made a part hereof, and is herein.after referred to as the tile CONTRACf . NOWj THEREFORE, the condition of this obligation is snch that, if Contractor shall prornpHy and faithfully perform said CONTRACT, then this obligation shan be null and void; otherwise it shall remain in full force and effect The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shan be, and declared. by Owner to be .1n defa.l.l.lt under the CONTRACT, the Owner having performed Owner's obligations therel.lnd.er, the Surety may promptly remedy the default, or shaH promptly (1) Complete the CONTRACT in accordance 1Nith it"! tenus and conditions, or (2) Obtain a bid or bids for compli',ting the Contract in accordanc~ with its terms and conditions, and upon determination by Surety of the lo-west J'esponsible b:i.d.de:r, or, if the O'lvner elects, upon detennin.a.tion by the Owner an.d the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and. Owner, and ma.ke available as Work progresses (even though there should be a default a succession of PB-T I I I I I I I I I I I I I I I I I I I defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of 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 Ilbalance of the contract price," as . used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and anyamendments th.ereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, admillistrators or successors of the Owner_ Signed and sealed this . 11th day of ~ A. D. 2009. Witness <:.: ~&- Rr~ K~__- Hebbard Electric, me. (Seal) (Contractor) Attest~ ~ By ?::~ ~M) V~~~lO~t" lJ '7--1 n WitnescX /v...fh~ ,/ ,l ) Tra\elers caswlty am. 8ilrety Cbrp:my of krErica (Surety) (Seal) O~v--r./-4 t. . Vi/! ~ Attest _ //L~-. ~. t.> V. 41-1L--- -~- il .,?I By f3 ././J'--,Ic I JZ/.~ (Seal) Bx:k Ieicjl (Title) -:in-Fact PB-2 I I I I I I I I I I I I I I I I I I I 105 310 168 SECTION PB PERFORMANCE BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE PB-3, IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.) KNOW ALL MEN BY THESE PRESENTS: That Hebbard Electric, Inc. as Principal, hereinafter called Contractor, and 'Ii:a~ G3sl:alty arrl Suret::y C1"1rp=\ny of MeJ::jea a corporation organized and existing under the laws of the State of Cln:a::ticut ,with its principal office in the City of H3rt.far-d ,State of Cln:a::ticut . as Surety, hereinafter called Surety, are held and firmly bound unto AUGUST A, GEORGIA BY AND TI-IROUGH THE AUGUST A COMMISSION as Obligee, hereinafter called the Owner, in the penal amount of Sixty Five Thousand, Seven Hundred Twenty One and n/l00 Dollars ($65,721.00) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a certain written agreement. WHEREAS, Contractor has by said written agreement dated Al.J;:JlEt 4, 2009 entered into a contract with Owner for the NEWMAN TENNIS C."ENTER, NEW ELECTRICAL SERVICE AND COURT LIGillING in accordance witl1. the drawings and specifications issued by the Augusta Recreation and Parks Department and the Augusta-Richmond County Commission, which contract is by reference made a part hereof, and is hereinafter referred to as the the CONTRACT . NOW" THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. 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 (1) Complete the CONTRACT in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default a succession of PB-r I I I I I dahnant's work or labor was don.e or perfonned, or mate1'.ials were furnished by S1.l.ch claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum. or sums as may be justly due claimant, and have execution thereon. TIle Ovv:neT shall not he Hable for the payment of any costs or expe-nses of any such suit (:3) No suit or action shan be commenced hereunder by any dairnant, (a) Unl(~SS claimant, othe1' than one having a direct contra.ct with the Contractor, shall have given written notice to any nl,To of the follovv:illg: The Contractor, the Owner, m the Suxeiy above named, withill ninety (90) days after such claimant did or perfmmed the last of the work or labor, or furnished the last of the materials for which said claim is made, staling with substantial accul'acy the amoilllt dainled and the name of the pa.rty to whom the materials werE': furnished, or for whom the work or lahar was done OJ' performed. Such notice shaH be served by mailing th.e same by registered mail OJ' certified mail, postage prepaid, in an envelope ad{lressed to the Contractor, Owner or Surety! at any place where an office regu.larly maintained for the iTansEu;:tion of business, 01' served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service n.eed not be made by a pubJ.ic officer. (b) Aftel' the expiration of one ( I) year following the date on which Conb:actOJ' ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in tru.s hond is prohibited by any law controIllng the construction hereof, such limitation shall be deemed. to be amended so as to be equal to the minirnum period of limitation pennitted by such law, (c) Other than ill a state court of competent jurisdiction in and for the county OJ" otller political subdivision of the state in which the project, or any pa.rt tllereof, is situated, or in the Unitpd States District Com:t for the (listrict in which the project, or any part thereof, is sittl.ated, and not el.sewhel'e, ( 4 ) The amount of this bond shaH be reduced by and to the extent of any paym.ent or payments made in good faith hereunder, inclusive of the payment by Surefy of l11.echanics' liens which may be filed of record against said improvement, wh.ether or not claim for the am.oun!: of such lien be presented under and against this bO.nd, PB..4 I I I I I I I I I I I I I I I I I I I Signed and sealed this 11th __ day of Au:]l.Et Witness Aftest ~K \I ~' Witness cJ.,'-;ttv"7/vtt4 /f1 ' CLtl~t.. " Attest '/I1..(-,j_/L2J~ c~~-/+- PB-5 Jiebbard Electric, me, (Contractor) By _ . ~lA1IJt-J V Pf\E~R';g~rJ-b Tra\.Blers cas1.Elty ar:rl Surety CJ:Iq::any of Arrer:ica (Surety) A. D. 200~_ (Seal) (Seal) ._jSeal) By (5A..kC/k ~A;J;!;:;; (Seal) Bx::k Ieigh (Title) -m-F:3ct ----I POWER OF ATTORNEY WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER , ~ 1RAVELERSJ Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guamnty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney-In Fact No. 214725 St. Paul Guardian Iusurance Company St. Paul Mercury Iusurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 002986635 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a c01voration duly organized under the laws of the State of New York, that S1. Paul Fire and Marine Insurance Company, S1. Paul Guardian Insurance Company and S1. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company. and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a cOlvoration duly organized under the laws of the State of Maryland. 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 cOlvoration dnly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Jeannie A. Albus. Thomas M. Albus. and Buck Leigh of the City of T l>xinr;toll , State of Soulh r~I'01in;;] , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign. execute, seal and acknowledge any and all bonds. recognizances, conditional undeltakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in anyattions or pfoceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrlllllellt to be signed alldtheit corporate seals to be hereto affixed, this day of May , ~~. 6th Farmington Casualty Cor!1lJllny Fidelity and Guarantylnsu~allcl; eoihpan~ Fidelity and Guaranty Insumnce Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insnrance Company State of Connecticut City of Hartford ss. st. Paul Gnardian Insurance Company S1. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company /~~~~~~~!~~~~..... 1~/tIJv..'pOfl.qrt'\ (1'1 \ fl:: -..- :0: '~;\..\.SEA~/'f)r 0-..... ....,!II .{ ........ ~ s . r-;... .....,~ By: h. 16th May 2009 On t IS tle day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, S1. Paul Fire and Marine Insurance Company, S1. Paul Guardian Insurance Company, S1. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the cOlvorations by himself as a duly authorized officer. Iu Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER "((\~ C. j~ '- Marie C. Tetreault. Notary Public I WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This P,?wer of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity ~ud Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, S1. Paul Guardian Insurance Company, S1. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: I RESOLVED, that the Chairman, the President, any Vice Chairman. any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certitlcate of authority may prescribe to sign with the Company's name and seal with the C0111pany's seal bonds, recognizances, contracts of indenluity, and other writings obligatory in the natLlre of a bond, recognizance, or conditional undertaking, and any of said ofticers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is I I FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more oft'icers or employees of this Company, provided that each such delegation is in writing and a copy thereof is tiled in the otlice of the Secretary; and it is I FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certiticate or their certiticates of authority or by one or more Company otIicers pursuant to a written delegation of authority; and it is I FURTHER RESOLVED, that the signature of each of the following ofticers: President, any Executive Vice President. any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certitled by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I I I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, S1. Paul Fire and Marine Insurance O:nnpany, S1. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and S~f~\y<:;o,mpany 9LAmerifi1, i1pd United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Powelj9t'Attorneyyxecuted bys,\i;9Companies, which is in full force and eft'ect and has not been ~~. . . I I IN TESTIMONY WHEREOF, I have hereunto set my hand this 11th day of Al.::g.:st , 2002.-. I Kori M. Johanso I ~~~ ~,~........~(I-9 ~t~~POFi",~;:.~ ~l 'qe" ~\.SE~L);;J \-:?,6..'" ..,~ '\o':Z......\l~b:f "\,~~:,':l~....... ".,..~~~......... /~~.,.,.....,..~;-i;\ f!%/r;.f;)"''YoRAr~\ t1'\ ~. -..- :0. Vi:.SE~L...T ~s""';""';"~~ "li'<o.. I I To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. I I I I I WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER I I I I I I I I I I I I I I I I I I I CONSTRUCTION CONTRACT CHANGE ORDER co NUMBER BID ITEM DAlE PROJECT TITLE NEWMAN lENNIS CENTER ORIGINAL CONTRACT DATE _ PROJECT NUMBER OWNER Augusta Recreation and Parks Dept. PO NUMBER The following change is hereby made to the contract for the above project: Description of Change (for a more detailed description see attached proposal): PAYEE TOTAL AMOUNT OF TIllS CHANGE ORDER $ 09-116 0805-00 The contract time will be INCREASE/DECREASE by _ calendar days as a result of this change. ORIGINAL CONTRACT AMOUNT $ 65,721.00 PREVIOUS CHANGE ORDER (INCREASE/DECREASE) $ THIS CHANGE ORDER (INCREASE/DECREASE) $ TOTAL REVISED CONTRACT AMOUNT WITH CHANGE ORDER $ FUNDING NUMBER/ACCOUNT NUMBER PROPOSED BY: DATE: Hebbard Electric, Inc. CONTRACTOR REQUESTED BY: DATE: ENGINEER SUBMITTED BY: DAlE: DEPARTMENT HEAD FINANCE ENDORSEMENT: DATE: COMPTROllER RECO:MMENDED BY: DAlE: ADMINISlRATOR APPROVED BY: DAlE: MAYOR I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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 OWNER to prospective Bidders prior to the time of opening of Bids. Agreement-The written agreement between OWNER and CONTRACTOR covering 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 requesting 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: Addenda (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 I nsurance; Notice of Award; and Change Order duly delivered after execution of Contract together with all amendments, modifications and supplements issued pursuant to paragraphs 3.3 and 3.5 or after the Effective Date of the Agreement. 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 17.2.1) 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, or employees. Day-Either a working day or calendar day as specified in the !;lid documents. If a calendar day shall fall on a legal holiday, that day will be omitted 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. GC-1 Page 1 of 51 I I I I I I I I I I I I I I I I I I I Revisi.on Date August 2001 Defective-An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty or deficient, 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 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. Notice of A ward-The written 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, Georgia, and the Augusta-Richmond County Commission. Partial Utilization-Placing a portion of the Work in service for the purpose for which it is intended or for a related purpose) before reaching Substantial Completion for all the Work. PROFESSIONAL-The Architectural/Engineering firm or individual or in-house licensed person designated to perform the design and/or resident engineer services for the Worle 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 OWNER with architectural or engineering services, his successor, or any other person or persons, employed by said OWNER, 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. GC-2 Page 2 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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. 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 with 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, fabricator, supplier, distributor, materialman or vendor. Underground Facilities-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 seNices 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 seNices, furnishing labor and furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as required by the Contract Documents. Work Change Directive-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 Change Directive 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 Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the 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 non-technical rather than strictly Work-related aspects of the Contract Documents. GC-3 Page 3 of 51 I I I I I I I I I I I I I I I I I I I Revi.sion Date August 2001 ARTICLE 2-PRELlMINARY MA TIERS 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. 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 OWNER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: 2.6.2. a preliminary schedule of Shop Drawing and Sample submissions, 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 component 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. GC-4 Page 4 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 2.7. Before any Work at the site is 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 OWNER 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 is started, a conference attended by CONTRACTOR, OWNER. 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 as well as 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 OWNER 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 OWNER and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to OWNER and PROFESSIONAL as providing an orderly progression of the Work to 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. GC-5 Page 5 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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 applicable 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 (oron the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 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 GC-6 Page 6 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 3.6.3. a Work Change Directive (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 clarification (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 of any thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's 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. GC-7 Page 7 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 4-AVAILABILlTY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS A vailability 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. Physical 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 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 conditions 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 activities of the character provided for in the Contract Documents, then CONTRACTOR shall give OWNER 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 OWNER 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 OWNER and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or Contract Time, or both. If the OWNER and PROFESSIONAL determine 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 GC-8 Page 8 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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 with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or PROFESSIONAL by OWNER'S 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 Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNER'S 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. 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 time, 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: GC-9 Page 9 of 51 I I I I I I I I I I I I I I I I I I I Revisi.on Date August 2001 4.5 OWNER 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. OWN ER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible. 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 (ii) notify OWNER and PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with PROFESSIONAL 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 (ii) specifying any special conditions under which such Work may be resumed safe'ly. 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. 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 deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. OWNER may have deleted such portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 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. GC-10 Page 10 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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 forms 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 policies 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 additional 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 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. 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. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; GC-11 Page 11 of 51 I I I I I I I I I I I I I I I I I I I Revision Date Auqust 2001 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 coverage's and be written for not less than the limits of liability and coverage's provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability 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 afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER 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 twQyears 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 (subject 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, 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 GC-12 Page 12 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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. 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. Waiver of Rights: 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 consultants and all other parties named as insureds. None of the above waivers shall extend to the 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. GC-13 Page 13 of 51 I I I I I I I I I I I I I I I I I I I Revisi.on Date August 2001 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 OWN ER's exercise of this power. If 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. If required in writing by any party in interest, OWNE.R 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 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 effected the changes in coverage neces- sitated 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 OWNER and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including attorneys' GC-14 Page 14 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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 any of them, or anyone for whose acts any of t{1em 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 OWNER 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 as to the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or other employee benefit acts. 5.16.3. CONTRACTOR shall indemnify and hold harmless OWNER and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including attorneys' 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. GC-15 Page 15 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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 written 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 reports of required tests) as to the kind and 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 fumishing 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. GC-16 Page 16 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 Substitutes or HOr-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 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 d~ta 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 Gen- eral 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 objection. 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. GC-17 Page 17 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 6.8.2. If the Supplementary Conditions require 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 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 failing 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 Contract 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 as 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 ih 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. 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 and 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 attomeys' 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 resulting 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 any 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 GC-18 Page 18 of 51 I I I I I I I I I I I I I' I I I I I I Revision Date August 2001 process will be considered for time extensions 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 Project 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 similar taxes required to be paid in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of 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 with construction equipment or other materials or equipment. Any loss or damage to CONTRACTOR's or any Subcontractor'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 contaminants 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. GC-19 Page 19 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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. 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 OWN ER. 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 adjacent 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 adjacent property and of Underground Facilities and utility OWNERs when prosecution ofthe 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 of 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 CON- TRACTOR). 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 site. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to the Project Manager. Emergencies: GC-20 Page 20 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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 Change Directive 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 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. If PROFESSIONAL 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 subrnit to PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and samples required by the Contract Docurnents. 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 criteria, materials and any other information necessary to enable PROFESSIONAL to review the submittal as required. At the tirne 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 OWNER 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 OWNER. 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. 6.24.2. Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined and verified all quantities, 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. GC-21 Page 21 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 6.24.3. 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, 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. 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 OWNER 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. 6.28. 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 carry on 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 contaminants resulting 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 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 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 clairn, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of GC-22 Page 22 of 51 I I I I I I I I I I I I I I I I I I I Revi.sion Date August 2001 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 thern may be liable, the indemnification obligation under paragraph 6.32 shall not be limited 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. GC-23 Page 23 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 7 ---OTHER 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 aided 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, written 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 extent thereof, CONTRACTOR may make a claim therefor as provided in 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. If 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. Coordination: 7.4. If 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. GC-24 Page 24 of 51 I I I I I I I I I I I I I I I I I I I Revi.sion Date August 2001. ARTICLE 8---0WNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through the 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 furnish 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. OWNER's responsibility in respect of certain inspections, 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. GC-25 Page 25 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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 Conditions. If OWNER designates another agent to represent OWNER at the site 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 interpretation entitles it to an increase in the Contract Price and/or Contract Time, CONTRACTOR may make a claim as provided for in Articles 11 or 12. Authorized Variations in 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 be 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. GC-26 Page 26 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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 Drawings, Change Orders and Payments: 9.7. In connection with 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: 9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. PROFESSIONAL will review with 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, within 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 to appeal from such a decision. 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 andfumishing of the Work and claims under Articles 11 and 12 in respect of changes to 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 clairnant 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 GC-27 Page 27 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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. 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. GC-28 Page 28 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 10--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 OWNER shall provide CONTRACTOR with 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 OWN ER 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 Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance with Section 11.3. The Work Change Directive will specify a price, and if applicable a time extension, determined to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Change Directive, 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 Work 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. 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. GC-29 Page 29 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 11-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 is 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 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 designated 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 is determined by OWNER that an addition, 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 price 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 GC-30 Page 30 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 Change Order. 11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within 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 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 engineers, 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 CONTRAC- TOR's employees incurred in discharge of duties connected with the Work. GC-31 Page 31 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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 thereof-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 within 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. 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 within 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, executives, principals (of partnership and sole proprietorships), general managers, engineers, 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 GC-32 Page 32 of 51 I I I I I I I I I I I I I I I I I I I Revisi.on Date August 2001 office at the site. 11.~.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital used for th~ Change Order Work and charges against CONTRACTOR for delinquent payments. I 11.~.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required bylthe Contract Docurnents to purchase and maintain the same (except for the cost of premiums covered by ~ubparagraph 11.4.5.9 above). I I 11.~.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 correctj~n of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.~.6. Other overhead or general expense costs of any kind and the costs of any item not specifically rnd expressly included in paragraph 11.4. ! CONTRACtOR's Fee: I 11 J CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be deterrnined as follows: i I 11.EP.1. a mutually acceptable fixed fee, or if none can be agreed upon; I 11.$.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.EP.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen perc~nt, , 11.$.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a subcontractl is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of ~verhead and profit of all Subcontractors shall be fifteen percent, 11.$.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and I 11.3, 11.~.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which resul~ in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRACtOR's Fee by an amount equal to ten percent of the net decrease, and 11.~.2.5. when both additions and credits are involved in anyone change, the adjustment in CON- TRACTOR'$ Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.E!l.2.4, inclusive. 11 t For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with supporting ~ata in such detail and form as prescribed by the Project Manager. When a credit is due, the amount of dredit to be allowed by CONTRACTOR to OWNER for any such change which results in a net GC-33 Page 33 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 decrease i~ 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 profit. When both additions and credits are involved in any charige, the combined overhead and profit shall be calculated on the basis of the net change, whether an increas~ or decrease. In any event, the minimum detail shall be an itemization of all man-hours required by disciPline/t;ade with the unit cost per man-hour and total labor price, labor burden, equipment hours and rate for each pi ce of equipment, material by units of measure and price per unit, other costs specifically itemized, plus the ov rhead and profit markup. , Cash Allo~ances: 11.18. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in t~e Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers ~nd for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL CONTRACrrOR agrees that: i 11.18.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials ard 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, ~rofit and other expenses contemplated for the allowances have been included in the Contract Price and nlot in the allowances. No demand for additional payment on account of any thereof will be valid. Prior to fina~ 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 ~e correspondingly adjusted. Unit Price Work: I 11.~.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 establishedl unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item ~s indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteedl and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinati~ms of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be mad~ by PROFESSIONAL in accordance with Paragraph 9.10. i 11.~.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate tq cover CONTRACTOR's overhead and profit for each separately identified item. 11.~.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 parties are unable to agree as to the amount of any suchi 'ncrease. GC-34 Page 34 of 51 I I I I I I I I I I I I I I I I I I I Revisi.on Date August 2001 ARTICLE 12--CHANGE OF CONTRACT TIME 12j1. The Contract Time may only be changed by a Change Order. Any request for an extension in the Contra$t Time shall be made in writing and delivered to PROFESSIONAL and OWNER within seven (7) calendar d$ys of the occurrence first happening and resulting in the claim. Written supporting data will be submitted tp PROFESSIONAL and OWNER within fifteen (15) calendar days after such occurrence unless the OWNER al,ows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time must set fotth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was beyond CqNTRACTOR's control or fault. ! 12.~. If CONTRACTOR is delayed at anytime in the performance, progress, commencement, or completion lof the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or by any sep~rate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor disputes, fi~, unavoidable casualties, utility conflicts which could not have been identified or foreseen by CONTRAC OR using reasonable diligence, or any causes beyond CONTRACTOR's control or fault, then the Contract Ti e shall be extended by Change Order for such reasonable time as OWNER may determine. CONTRACIrOR 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 del~y the completion of the Work and then only if CONTRACTOR shall have strictly complied with all the reqUire~ents of the Contract Documents. Provided, however, notwithstanding anything in the Contract Document to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance, progress, c mmencement 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 ~r 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 ~f the Work shall be the right to seek an extension to the Contract Time in accordance with the procedureslset forth herein. GC-35 Page 35 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTlpLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, . REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK i Warranty ;,nd Guarantee: 13~1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be new unles~ otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free from f~ults or defects, and in accordance with the requirements of the Contract Documents and any inspection~, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not confor~ing to the requirements of the Contract Documents or such inspections, tests, approvals, or all applicable ~uilding, construction and safety requirements shall be considered defective. Notice of all defects shall be gi~en to CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be rejected, cqrrected, or accepted as provided in this Article. , I Access to IWork: i 13t. For the duration of the Work, PROFESSIONAL and its representatives, other designated representa ives of OWNER, and authorized representatives of any regulatory agency shall at all times be given acce s to the Work. CONTRACTOR shall provide proper facilities for such access and observation of the Work a, d also for any inspection or testing by others. Tests and ,nspections: I 13.t3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having juris~iction require any Work to specifically be inspected, tested, or approved by someone other than CONTRACjfOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore. I 13.~. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or approvals ~rovided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All other inspe~tions, tests or approvals shall be at CONTRACTOR's expense including additional expenses for inspection cJnd tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours per week. ~or 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 a~proval. All such tests will be in accordance with the methods prescribed by the American Society for Testing r. nd Materials or such other applicable 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 PROFESSlbNAL and at CONTRACTOR's expense. i I 13.~. 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.e. If any Work (including the work of others) that is to be inspected, tested or approved is covered without wri~en concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for observationl. 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. GC-36 Page 36 of 51 I I I I I I I I I I I I I I I I I I I Revisi.on Date August 2001 13f' Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals y persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in ac ordance with the requirements of the Contract Documents. ! Uncoveriri,g Work: I 13j8. 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 ~pproval and replaced at CONTRACTOR's expense. i 13)9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESS~ONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall uncover, e pose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require, th t 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 uncoveringl, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to f$es and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs), and OWNER s~all be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as t~ the amount thereof, OWNER may make a claim therefor as provided in Article 11. If, however, such Work lis not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extensi~n of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, 1 testing and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, C~NTRACTOR may make a claim therefor as provided in Articles 11 and 12. ! , OWNER ~y Stop the Work: 13.110. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or suitable m~terials or equipment or make prompt payments to Subcontractors for labor, rnaterials, or equipment lor if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order CONTRACrrOR to stop the Work until the cause for such order has been eliminated. However, this right of OWNER tq s. top the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of qONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the Contract P~ice or Contract Time or other damages for a stop work order under this paragraph. , , Co"ectio~ or Removal of Defective Work: , 13.111. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER and as sp~cified 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 su~h defective Work or remove and replace such defective Work within a reasonable time, as specified inl a written notice from PROFESSIONAL, OWNER may have the deficiency corrected. All direct and indirect co~ts of such correction shall be paid by CONTRACTOR or deducted from payment to CONTRACtrOR. CONTRACTOR will also bear the expense of correcting or removing and replacing all Work of others d$stroyed or damaged by the correction, removal, or replacement of the defective Work. GC-37 Page 37 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 One Year C;orrection Period: 13. ~ 2. If, after approval of final payment and prior to the expiration of one year after the date of substantial ~ompletion or such longer period of time as may be prescribed by law or by the terms of any applicable ~pecial guarantee required by the Contract Documents, any Work or materials are found to be defective, i~complete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall promptly, wlthout 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 Cci>NTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defectiv~ Work corrected, removed, or replaced. All direct, indirect and consequential costs of such removal an~ replacement (including but not limited to fees and charges of engineers, architects, attorneys and other profe~sionals) will be paid by CONTRACTOR. Acceptanc~ of Defective Work: I I 13.13, If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior tp PROFESSIONAL's recommendation of final payment, PROFESSIONAL) prefers to accept it, OWNER m~y do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's ~valuation 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 engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to PROFESSIONAL's recommen~ation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract DOEuments with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Pri~e, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as Iprovided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will ~e paid by CONTRACTOR to OWNER. , OWNER M~y Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to proceed to qorrect defective Work or to remove and replace rejected Work as required by PROFESSIONAL in accordancelwith 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 m~y, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising tije rights and remedies under this paragraph, OWNER shall proceed expeditiously, to the extent necessary t1 complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, tqke possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take posses~ion of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate lin the Work all materials and equipment stored at the site or for which OWNER has paid CONTRAC10R 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 thel 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 reasonable~ess by PROFESSIONAL, and a Change Order will be issued incorporating the necessary revisions in ~he Contract 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 arnount thereof, OWNER may make a c1airf, therefor as provided in Article 11. Such direct, indirect and consequential costs will include, but not be limiteCl to, fees and charges of engineers, architects, attorneys and other professionals, all court costs GC-38 Page 38 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 and all cos~ of repair and replacement of work of others destroyed or damaged by correction, removal or replaceme~t of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Ti~e because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's ~ights and remedies hereunder. , Neglected Work by CONTRACTOR i 13. ~ 5. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents, including a~y requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a recovery Rlan 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 b~ck on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate corrective action, OWtj.JER 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 eONTRACTOR are not sufficie~t to cover such amount, CONTRACTOR shall pay the difference to OWNER. 13. ~ 6. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs to OWNER pf associated inspection, construction management and resident engineers shall be identified to CONTRAC I OR and the Contract Price reduced by a like amount via Change Order. GC-39 Page 39 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: , , 14. ~. The schedule of values established as provided in 2.9 will serve as the basis for progress payments dnd will be incorporated into a form of application for Payment acceptable to Project Manager. Progress p~yments on account of Unit Price Work will be based on the number of units completed. i I , Applicatio~ for Progress Payment: 14.~. At least twenty (20) calendar days before the date established for each progress payment (but not more o~en than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application for Paymen~ filled out and signed by CONTRACTOR covering the work completed as of the date of the application ~md accompanied by such supporting documentation as is required by the Contract Documents. If payment is ~equested on the basis of materials and equipment not incorporated in the Work but delivered and suitably sto~ed at the site or at another location agreed to in writing, the Application for Payment shall also be accompani~d by a bill of sale, invoice or other documentation warranting that OWNER has received the materials a~d equipment free and clear of all Jiens and evidence that the materials and equipment are covered byappropri te property insurance and other arrangements to protect OWNER's interest therein, all of which will be satis ,actory to OWNER. Payment is subject to a ten percent (10%) retainage that will be held until the final payme~t or acceptance by OWNER. The amount of retainage with respect to progress payments will be as stipulate~ in the Agreement. I CONTRACTOR's Warranty of Title: 14.~. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by ~ny Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than th~ time of payment free and clear of all Liens. , Review of ~pplications for Progress Payment: i 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 ~pplication to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to recommend! payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the applicatlon. OWNER shall, within thirty-one calendar days of presentation to him of the application for payment wit~ PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount recommend~d. 14.~. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will constitu~e a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site observation$ of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROF- ESSIONAL'~ review of the Application for Payment and the accompanying data and schedules, that the Work has progres~ed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and belief, the q~ality of the Work is in accordance with the Contract Documents subject to an evaluation of the Work as a f~nctioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in ~he Contract Documents, to a final determination of quantities and classifications for Unit Price GC-40 Page 40 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 Work und~r paragraph 9.10, and to any other qualifications stated in the recommendation; and that CONTRACjrOR is entitled to payment of the amount recommended. However, by recommending any such payment, PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous on-site ins~ections have been made to check the quality or the quantity of the Work beyond the responsibi~I' ies specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be other matt rs or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. I 14.~. PROFESSIONAL's recommendation of final payment will constitute an additional representation by PROFE~SIONAL 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.t. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in PROFESSlpNAL'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 s~bsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be ~ecessary in PROFESSIONAL's opinion to protect OWNER from loss because: 14.t.1. the Work is defective, or completed Work has been damaged requiring correction or replacemen~. 14l2. the Contract Price has been reduced by Written Amendment or Change Order. 14.t.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 1!3.14. or 14. t.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 m~y refuse to make payment of the full amount recommended by PROFESSIONAL because claims have been ~ade against OWNER on account of CONTRACTOR's performance or furnishing of the Work or Liens have ~een filed in connection with the Work or there are other items entitling OWNER to a off-set against the ,mount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action. I I Substantia~ Completion: 14.~. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify QWNER 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 PROFESSI<bNAL shall make an inspection of the Work to determine the status of completion. If PROFESSI<bNAL does not consider the Work substantially complete, PROFESSIONAL will notify CONTRACioR in writing giving the reasons therefor. If PROFESSIONAL .considers the Work substantially complete, ~ROFESSIONAL will prepare and deliver to OWNER a tentative certificate of Substantial Completion fNhich shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list pf 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 GC-41 Page 41 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 provisions Qf the certificate or attached list. If, after considering such objections, PROFESSIONAL concludes that the Work is not substantially complete, PROFESSIONAL will, within fourteen days after submission of the tentative c$rtificate to OWNER notify CONTRACTOR in writing stating the reasons therefor. If, after considerati~n of OWNER's, objections, PROFESSIONAL considers the Work substantially complete, PROFESSlpNAL will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive c$rtificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) ~f1ecting such changes from the tentative certificate as PROFESSIONAL believes justified after consideraticjm of any objections from OWN ER. At the time of delivery of the tentative certificate of Substantial Completionl PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, o~eration, 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 definitiv~ certificate of Substantial Completion, PROFESSIONAL's aforesaid recommendation will be binding on ?WNER and CONTRACTOR until final payment. 14.~. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on th, tentative list. Partial Util~ation: I 14. ~ O. Use by OWNER at OWNER's option of any substantially completed part of the Work which (i) has specifi~lIy 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 fo~ its intended purpose without significant interference with CONTRACTOR's performance of the remainder df 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 permit OWNER to use any such part ofithe 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 sublstantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part pf the Work. CONTRACTOR at any time may notify OWNER and PROFESSIONAL in writing that CONTRAC~OR considers any such part of the Work ready for its intended use and substantially complete and request PR FESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable, ime after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection o~ that part of the Work to determine its status of completion. If PROFESSIONAL does not consider that part of t~e Work to be substantially complete, PROFESSIONAL will notify OWNER and CONTRACTOR, in writing, giying the reasons therefor. If PROFESSIONAL considers that part of the Work to be substantially complete, t~e provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion iof 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 ofiany 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 PROFESSI<pNAL shall make an inspection of that part of the Work to determine its status of completion, and PROFESSI<DNAL will prepare a list of the items remaining to be completed or corrected thereon before final payment. If tONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the GC-42 Page 42 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 Work is no~ ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be completed ~r corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommen ation as to the division of responsibilities pending final payment between OWNER and CONTRAC OR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees or that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWN R takes over such operation (unless they shall have otherwise agreed in writing and so informed PROFESSI NAL). During such operation and prior to Substantial Completion of such part of the Work, OWNER s all allow CONTRACTOR reasonable access to complete or correct items on said list and to complete ot er related Work. , , 14.11' 0.3. 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.1 I i Finallnspeption: ! 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion thereof is cqmplete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will notify CONlfRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. qONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. I Final Applif:ation for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSI4:>NAL and OWNER and delivered in accordance with the Contract Documents all maintenance and operati1g instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 5.2, certi~cates of inspection, marked-up record documents and other documents, CONTRACTOR may make appliqation for final payment following the procedure for progress payments. The final Application for Payment shlall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Dopuments, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to fin~1 payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arislng out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as approved~' OWNER, CONTRACTOR may furnish receipts or release in full and an affidavit of CONTRAC OR that (i) the releases and receipts include all labor, services, material and equipment for which a lien could e filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work fqr which OWNER or OWNER's property might in any way be responsible have been paid or otherwise s~tisfied. 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. GC-43 Page 43 of 51 I I I I I I I I I I I I' I I I I I I I Revision Date August 2001 1412.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER and PROF!=SSIONAL 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 nonpaymerlt by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors, indemnifyin~ OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or supplier or raterial men or laborer services in connection with this project. I 14. ~2.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any damages s~stained, including lost profits, resulting from CONTRACTOR's failure or refusal to perform the work requirfd by these contract documents. I Final Pay~ent and Acceptance: 14. ~ 3. If, on the basis of PROFESSIONAL's observation of the Work during construction and final inspection ~nd PROFESSIONAL's review of the final Application for Payment and accompanying documenta~ion as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been completed ~nd CONTRACTOR's other obligations under the Contract Documents have been fulfilled, PROFESSlpNAL will, within ten (10) working days after receipt of the final Application for Payment, indicate in writing PROIFESSIONAL's recommendation of payment and present the Application to OWNER for payment. At the samel time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to CONTRAC OR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRAC OR shall make the necessary corrections and resubmit the Application. After the presentation to OWNER of Ithe application and accompanying documentation, in appropriate form and substance and with PROFESSlpNAL's recommendation and notice of acceptability, the amount recommended by PROFESSlpNAL 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 significantly delayed and if PROFES~IONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment an~ 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 Ifor Work not fully completed or corrected is less than the retainage stipulated in the Contract and ifbonds ha~e been furnished as required in Article 5, the written consent of the surety to the payment of the balance du~ 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 g~)Verning final payment, except that it shall not constitute a waiver of claims. 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 ofa 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 GC-44 Page 44 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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. The making and acceptance of final payment will constitute: 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. GC-45 Page 45 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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; 15.2.5. if CONTRACTOR admits in writing an inability 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. if CONTRACTOR disregards the authority of PROFESSIONAL; or 15.2.9. if CONTRACTOR otherwise violates in 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 GC-46 Page 46 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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 be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or 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. 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. For reasonable expenses directly attributable to termination. 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 Terminate: 15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than GC-47 Page 47 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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 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 calendar days after it is submitted to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and PROFESSIONAL stop the Work until receipt of 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 Time 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 carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. GC-48 Page 48 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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. GC-49 Page 49 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 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 CONTRACTOR 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 injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute 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 ofthe 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 paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and rernedy 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. GC-50 Page 50 of 51 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all provisions ofthe Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, etseq. 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 substitutions of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. 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 Recreation and Parks Department will undertake necessary actions to abate an overflow situation. The cost of these actions will be the responsibility of the CONTRACTOR. 17.9.8 Following a discharge of untreated wastewater, a downstream inspection will be conducted by the Recreation and Parks Department to assess potential mitigation measures that may be required of the CONTRACTOR. GC-51 Page 51 of 51 I I I I I I I I I I I I I I I I I I I SECTION SGC SUPPLEMENTAL GENERAL CONDITIONS CONTRACTOR'S Liability Insurance Insurance shall be written with limits of liability shown below or as required by law, whichever is greater: . Commercial General Liability (per occurrence) Each Occurrence $ 1,000,000 . General Aggregate $ 2,000,000 . Products $ 2,000,000 . Personal & Adv Injury $1,000,000 . Fire Damage $ 500,000 . Automobile Liability (any auto) Combined Single Limit $1,000,000 . Excess Liability (Umbrella) Each Occurrence $5,000,000 . Workers Compensation Statutory Limits . Employer Liability $1,000,000 I I I SECTION I SC-01 SC-02 I SC-03 SC-04 I SC-05 I SC-06 SC-07 I SC-08 SC-09 I SC-10 I SC-ll SC-12 I SC-13 I SC-14 SC-15 I SC-16 SC-17 I SC-18' I SC-19 SC-20 I SC-21 SC-22 I SC-23 I I SECTION SC-O INDEX TO SPEGAL CONDmONS Special Condition #1 - Contract Documents and Drawings Special Condition #2 - Contractor's Field Office Special Condition #3 - Temporary Sanitary Facilities Special Condition #4 - Boundaries of Work Special Condition #5 - Existing Structures and Utilities Special Condition #6 - Traffic Safety Special Condition #7 - Utilities Special Condition #8 - Estimate of Quantities Special Condition #9 - Surveys Special Condition #10 - Dimensions Special Condition #11 - Erosion and Sediment Control Special Condition #12 - Safety and Health Regulations Special Condition #613 - Site Contamination and Chemicals Special Condition #14 - Storage of Materials Special Condition #15 - Manufacturer's Directions Special Condition #16 - Oeaning Up Special Condition #17 - Prior Use By Owner Special Condition #18 - Restoration of Property Special Condition #19 - Subsurface Investigation Special Condition #20 - Maintenance of Access Special Condition #21 - Contractor Field Mark-Up Special Condition #22 - Removed Special Condition #23 - Dedicated Flagman I SECTION SC I SPECIAL CONDITIONS SPECIAL CONDITIONS I INDEX I SC - 1 CONTRACT DOCUMENTS AND DRAWINGS 2 CONTRACTOR'S FIELD OFFICE SC - I SC - 3 TEMPORARY SANITARY FACILITIES SC - 4 BOUNDARIES OF WORK I SC - 5 EXISTING STRUCTURES AND UTILITIES SC - 6 TRAFFIC SAFETY I SC - 7 UTILITIES I SC - 8 ESTIMATE OF QUANTITIES SC - 9 SURVEYS I SC - 10 DIMENSIONS SC - 11 EROSION AND SEDIMENT CONTROL I SC - 12 SAFETY AND HEALTH REGULATIONS SC - 13 SITE CONTAMINATION AND CHEMICALS I SC - 14 STORAGE OF MATERIAL SC - 15 MANUFACTURER'S DIRECTIONS I SC - 16 CLEANING UP I SC - 17 PRIOR USE BY OWNER SC - 18 RESTORATION OF PROPERTY I SC - 19 SUBSURFACE INVESTIGATION SC - 20 MAINTENANCE OF ACCESS I SC - 21 CONTRACTOR FIELD MARK-UP SC - 22 REMOVED I SC - 23 DEDICATED FLAGMAN I I 'ZEL, ENGINEERS 0805-00 SC. doc SC-1 I I I SECTION SC SPECIAL CONDITIONS SC - 1 CONTRACT DOCUMENTS AND DRAWINGS: I The Contract Documents which form a part of this contract include Advertisement for Bids, Information for Bidders, Bid, Bid Bond, Notice of Award, Agreement, Payment Bond, Performance Bond, Notice to Proceed, Change Order, General Conditions, Supplementary Conditions, Technical Specifications, Drawings and Addenda. I I Specifications: The specifications consist of a written description of a general and technical nature of materials, equipment, construction systems, standards and workmanship, and include General Conditions, Supplemental General Conditions, Supplementary Conditions and Technical Specifications indexed at the front of this bound volume of Contract Documents. I Drawings: The Engineer will furnish to the Contractor, free of charge, one set of the drawings and specifications reasonably necessary for the execution of the work and any additional sets may be purchased from the designated party. Locations of all features of the work included in the contract are indicated on the contract drawings. The following drawings, dated February 2007 comprise the plans for this contract. I I DRAWING NO. TITLE I COVER SHEET 1 2 LOCATION MAP AND DRAWING LIST ELECTRICAL NOTES, LEGEND, SCHEDULES LIGHTING PLAN I SC - 2 CONTRACTOR'S FIELD OFFICE: I The Contractor shall maintain a field office on the site of the work which contains a telephone, the contract documents, and the contractor's records. I SC - 3 TEMPORARY SANITARY FACILITIES: I Upon commencing work, the Contractor shall provide temporary screened and shielded sanitary privies in a manner meeting the approval of the Engineer. Facilities shall be maintained in a sanitary condition by the Contractor and in compliance with the requirements of authorities having jurisdiction. All temporary facilities shall be removed by the Contractor and the area returned to its original condition prior to acceptance of the completed project. I SC - 4 BOUNDARIES OF WORK: I The Contractor shall not enter on or occupy with men, tools, equipment, or materials, any ground outside the limits of Owner's property or construction easements without written consent of the Owner of such property. I SC - 5 EXISTING STRUCTURES AND UTILITIES: I It is mandatory that the Contractor locate all previously placed underground installations and construction prior to his engaging in any work in areas where such improvements may exist. The Contract drawings indicate general locations of such existing improvements solely for the purpose of initial and general I 0805-00 SC.doc SC-2 'ZEL, ENGINEERS I I I SECTION SC SPECIAL CONDITIONS I representation thereof. The Owner and Engineer have not verified locations of these improvements as a basis for locations displayed on the drawings. All utilities and improvements must be located and flagged by the Contractor prior to commencing work. Flags must be maintained and based upon actual field determinations. The Owner's project inspector must be notified before any work begins in vicinity of existing underground improvements. I The Contractor shall be held responsible for any damage and for maintenance and protection of existing construction and utilities. All damaged construction, utilities or improvements shall be restored to the original or better condition in which they were discovered. I I SC - 6 TRAFFIC SAFETY: I The Contractor will be held responsible for any damages caused by negligence on his part, or by the improper placing of or failure to display danger signs and road lanterns; all traffic lanes will be kept open and clear at all times and no excavated material or equipment will be placed on pavement during construction. I SC - 7 UTILITIES: I The Contractor shall provide for temporary utilities for construction operations. Potable water is available through a rental meter from hydrants. The Contractor shall make provisions for telephone service with the phone company. Electric power for construction operations shall be provided by the Contractor by arrangement with the appropriate power company. The Contractor shall make suitable arrangements to provide fuel for temporary heating and/or other construction operations as necessary. I I SC - 8 ESTIMATE OF QUANTITIES: I Estimated quantities of work to be done and materials to be furnished under this Contract if shown in any of the documents including the BID, are given only to indicate approximately the scope of the Contract; variation of the quantities reasonably necessary to complete the work contemplated by this Contract shall, in no way, vitiate this Contract, nor shall any such variation give cause for claims or liability for damages. I SC - 9 SURVEYS: I The Contractor shall make his own surveys and establish his own working lines and grades from the basic reference lines established by the Engineer. I SC - 10 DIMENSIONS: I Dimensions shown in figures or which can be determined by computation from other figures shown, shall take precedence over dimensions scaled from the drawings. When the work of the Contractor is affected by finished dim~nsions, these shall be determined by the Contractor at the site and he shall assume the responsibility thereof. I I 0805-00 SC.doc SC-3 'ZEL, ENGINEERS I I I SECTION SC SPECIAL CONDITIONS SC - 11 EROSION AND SEDIMENT CONTROL: I The Contractor will be required to schedule his work and perform operations in such a manner that siltation and bank erosion will be minimized during all phases of construction. Any areas disturbed during the course of construction shall be restored to a condition equal or better than the original condition. Grassing of disturbed areas shall be the minimum acceptable restoration. Silt control devices such as straw bale fences and/or silt fence weight filter fabric shall be installed to limit migration of silt to the water courses. Erosion Control devices such as mats, grass, mulch, and crushed stone shall be installed to protect adjoining areas from soil contamination. Compliance with the guidelines of the Manual for Erosion and Sedimentation Control in Georgia, pursuant to the Erosion and Sedimentation Act of 1975, shall apply as though fully set forth herein. I I I I The Contractor shall procure a Land Disturbing Permit from: Augusta-Richmond Planning Commission, 525 Telfair Street, Augusta, GA 30911. As a part of the permitting process, the Contractor shall provide his construction schedule of land disturbing work and shall include a plan of the temporary measures to be in place during construction. An employee of the prime Contractor shall be designated as the work site Erosion and Sediment Control Supervisor who is to be responsible for timely installation of erosion and sediment control measures and who shall provide early detection and correction of erosion, sediment, and flooding problems and who shall have full (24 hr) access to the personnel, equipment, materials, means and measures to ensure correction of routine and or special deficiencies. I I I Permanent erosion control measures for this site include moderate slopes, pavement, and permanent grassing. The Contractor shall strive to expedite completion of the permanent measures and shall keep the temporary measures in place until a satisfactory grass cover is established. I An erosion control and sediment containment (E&S) allowance limit is included as a supplementary bid price. Where installed quanti ties of acceptable E&S measures result in an overrun of the E&S allowance limit an upward adjustment of the contract will be made on the basis of the total amount resulting from installed quantities and unit prices of E&S bid items. Because this contract considers the E&S work to be a subsidiary obligation of the base bid items, no downward adjustment of the base bid will be made where more efficient E&S means result in adequate control of erosion control and containment of silt. I I I SC - 12 SAFETY AND HEALTH REGULATIONS: I The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL91-596) and under Sec. 107 of the Contract Work Hours and Safety Standards Act (PL91-54). I SC - 13 SITE CONTAMINATION AND CHEMICALS: I The CONTRACTOR shall prevent the construction site from being contaminated with any substance in quantities or under circumstances prohibited by environmental protection laws of the United States or the State of Georgia. The CONTRACTOR shall be responsible to the OWNER if, at any time, state or federal authorities I 0805-00 SC.doc SC-4 'ZEL, ENGINEERS I I I SECTION SC SPECIAL CONDITIONS I make a claim or demand against the OWNER on account of contamination of the site caused or allowed by the CONTRACTOR or any of its forces or subcontractors. I All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must be registered for the purpose specified with USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with instructions. I SC - 14 STORAGE OF MATERIALS: I Materials shall be so stored as to insure the preservation of their quality and fitness for the work. When considered necessary, they shall be placed on wooden platforms or other hard, clean, surfaces, and/or placed under cover. Stores of materials shall be so located as to facilitate prompt inspection. I SC - 15 MANUFACTURER'S DIRECTIONS: I Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer unless herein specified to the contrary. I SC - 16 CLEANING UP: I The Contractor shall keep the premises free from the accumulation of waste material and rubbish, and upon completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from the premises all rubbish, surplus materials, implements, tools, etc., and leave his work in a clean condition, satisfactory to the Engineer. On a daily basis, the work area shall be cleaned sufficiently to produce a neat appearance. I SC - 17 PRIOR USE BY OWNER: I Prior to completion of the work, the Owner (by agreement with the Contractor) may take over the operation and/or use of portions of the project. Such use of facilities by the Owner shall not be deemed as acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents. I SC - 18 RESTORATION OF PROPERTY: I I The Contractor shall carefully restore all property defaced by the operations or acts of any of his agents or employees. Such restoration shall include seeding, sodding, transplanting of lawns, hedges, or ornamental plantings, and the repair or replacement of streets, driveways, walks, fences, or other facilities in such a manner as to meet the approval of the Engineer. No structures, fences or trees shall be removed without the consent of the property owner or until condemnation procedure, if necessary, has been completed. I Restoration of property shall commence immediately upon substantial completion of the proposed work in the various areas of the construction site. I I 0805-00 SC.doc SC-5 'ZEL, ENGINEERS I I I SECTION SC SPECIAL CONDITIONS SC - 19 SUB-SURFACE INVESTIGATION: I Soil Investigation Reports are not available for this project. SC - 20 MAINTENANCE OF ACCESS: I The Contractor will be required to maintain vehicular and pedestrian access to all businesses and institutions during the time they are open and to all residential and other occupied buildings and facilities at all times. I Whenever direct entrance is blocked from one direction, suitable access shall be provided from another location. Bridges with handrail protection will be required for crosswalks at street intersections. It is recognized that it will be necessary to remove bridges and block cross traffic while equipment is in operation. The Contractor shall plan and pursue his operations so as to minimize the time that direct entrance is blocked. I I SC - 21 CONTRACTOR FIELD MARK-UP: I Contractor shall keep a field record of all asbuilt field conditions on a contract set of drawings during all phases of construction. All deviances from contract drawings shall be indicated in red. All repairs, sample tap locations, service line tap locations, etc. shall be clearly indicated in red on the Contract Drawings. Contractor shall provide set of drawings to Engineer upon completion of project. I I SC - 22 REMOVED: SC 23 DEDICATED FLAGMEN I Contractor shall provide dedicated flagmen for all road and driveway crossings. Flagmen shall be certified. All signage and equipment will be provided in accordance with GA DOT rules and regulations. I I I I I I I 0805-00 SC.doc SC-6 'ZEL. ENGINEERS I I I I I I I I I I I I I I I I I I I I SECTION TS-2 TS-16 0805-00 Index Tech Specs.doc SECTION TS-O INDEX TO TECHNICAL SPECIFICATIONS Technical Specifications #2 - Excavation, Filling and Backfilling Technical Specification #16 - Electrical I I I I I I I I I I I I I I I I I I I SECTION T2 EXCAVATION, FILLING AND BACKFILLING SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, equipment, appliances, materials, layout staking and grade staking and supervision, and in performing all operations in connection with the excavation, filling and backfilling for structures and piping in strict accordance with this section of the specifications, the applicable drawings and terms and conditions of the Contract. APPLICABLE SPECIFICATIONS: The current edition of the following specifications form a part of this specification: APPLICABLE SPECIFICATIONS: American Society for Testing Materials Designation: C 33 D 1557 Specifications for Concrete Aggregates Modified Proctor CLASSIFICATION OF EXCAVATION: ALL EXCAVATION SHALL BE UNCLASSIFIED. EXCAVATION: General: The excavation shall conform to dimensions and elevations appropriate for the pipeline, roadway, or structure. Excavation shall be carried to the elevation necessary for firm support. The excavated surface beneath the structures and pavement shall be proofrolled in four passes using a minimum of 10 yards of material loaded on a pan excavator or equivalent. Any soft spots shall be filled and compacted to 98% ASTM D 1557 (Modified Proctor). The resulting surface shall be brought back to appropriate grade with suitable fill from the excavated material and recompacted to 98% of the density measured by ASTM D 1557. Excavation for Walls and Footings shall extend a sufficient distance to allow for the placing and removal of forms, installation of services and for inspection, except where the concrete wall or footing may be authorized to be deposited directly against excavated surfaces. Trench Excavation: Trenches shall be excavated true to line and grade. Trenches to receive pipe having a nominal diameter of 24 inches or less shall not be less than 12 inches wider nor more than 16 inches wider than the outside diameter of the pipe to be laid therein, so that a clear space of not less than 6 inches nor more than 8 inches in width is provided on each side of the pipe. The maximum width specified applies to the width at or below the level of the top of the pipe. The width of the trench above the pipe may be as wide as necessary to provide room for proper installation of the work. The Contractor shall comply with the safety requirements of OSHA. 0805-00 T02 Excavation, Filling and Backfilling. doc T2-1 'ZEL, ENGINEERS I I SECTION T2 EXCAVATION, FILLING AND BACKFILLING I Trenches for gravity lines shall be excavated below the pipe invert to provide space for the pipe bedding. Where good soil or rock is encountered in the trench bottom, the excavation shall be carried below the bottom of the pipe a distance of 4 inches or one-eighth the outside diameter of the pipe, whichever is greater. I Where rock is encountered in the trench bottom, the excavation shall be carried below the bottom of the pipe a distance of 6 inches or one-eighth the outside diameter of the pipe, whichever is greater. Where, in the opinion of the Engineer, the natural trench bottom is soil which is incapable of satisfactorily supporting the pipe, such unsuitable soil shall be removed to the depth required as determined at the site. The trench bottom shall then be refilled with crushed stone, placed in 8 inch layers and compacted at optimum moisture content. Each layer shall be thoroughly tamped. The refill shall be brought to the proper elevation for the pipe. I I I Dewatering and Drainage of Excavated Areas: Grading in the vicinity of structures shall be controlled to prevent surface water from running into excavated areas. Dewatering by pumping or wellpointing from excavated areas shall be performed by the Contractor to provide a stable excavation and a firm pit or trench bottom. Dewatering shall incur no extra cost to the Owner. I I All dewatering methods shall be subject to the approval of the Engineer as to capacity and effectiveness. Water removed from the excavated areas shall be conveyed in a proper manner to a sui table point of discharge where it will neither cause injury to public health, public or private property, the surface or use of streets by the public or work completed or in progress. I I Protection Against Flotation: To guard against the danger of flotation of empty or partially empty pipe due to a high water table, all dewatering operations shall be continued without interruption until such time as sufficient backfill has been placed over the top of the pipe to overcome the buoyancy effect of a completely empty pipe which is entirely submerged. I I Shoring and Protection of Excavations: Shoring shall be provided by the Contractor as necessary to protect life or property. All existing structures, streets, pipes, and foundations which are not to be removed or relocated shall be adequately protected or replaced by the Contractor without cost to the Owner. The Contractor shall adequately protect the work under construction and the safety of his workmen in excavations by the use of suitable sheeting, shoring and bracing, or by sloping the banks in accordance with the angle of repose of the soil. I I The Contractor alone is responsible for any damage or injury resulting from his failure either to provide adequate protection from the excavation or to comply with OSHA requirements. I Excess Material: Excess material to be used for backfill or stored for later use shall be stockpiled. Excavated material shall be deposited a sufficient distance from the side of excavation walls to prevent excessive surcharge on the wall. Excess excavated material OR material not suitable for backfill or filling shall be disposed of by the Contractor off site, graded and grassed as I I 0805-00 T02 Excavation, Filling and Backfilling.doc T2-2 'ZEL, ENGINEERS I I I SECTION T2 EXCAVATION, FILLING AND BACKFILLING I required by SECTION T1 SITE WORK, Paragraph, EROSION AND SEDIMENT CONTROL. Disposal of the excess material is the responsibility of the Contractor. PIPE BEDDING FOR GRAVITY LINES: I The pipe shall be bedded in compacted bedding material placed on the trench bottom. The bedding material shall be well-graded crushed stone or crushed gravel meeting the requirements of ASTM C 33, Gradation 67 (3/4 inches to No. 4). The bedding shall have a minimum thickness beneath the bottom of the pipe of 4 inches or one-eighth of the outside diameter of the pipe, whichever is greater, and shall extend up the sides of the pipe 6" above the pipe for PVC pipe. Holes must be dug in the bedding for each bell or coupling so that the load is supported entirely by the pipe barrel, not the pipe bell or coupling. After each pipe has been placed in final position, bedding material shall be placed and compacted under the pipe haunches and on each side of the pipe to prevent lateral displacement. "Shovel-slicing" of crushed stone bedding shall be done using a crow bar heavy enough to penetrate the bedding material. The pipe bedding shall be thoroughly compacted throughout its depth. I I I I FILL: I Earth fill shall be placed in layers not to exceed 8 inches in thickness. Each layer shall be compacted at optimum moisture content in a manner approved by the Engineer. After compaction, the dry weight per cubic foot for each layer shall be as specified for backfilling. I BACKFILLING: I The Engineer shall be notified before backfilling in order that the work may be inspected before it is covered. After completion of the foundation footings, walls, or pipe work, and prior to backfilling, all forms shall be removed and the excavation shall be cleared of all trash and debris. Symmetrical backfill loading shall be maintained. Special care shall be taken to prevent any wedging action or eccentric loading upon or against a structure or pipe. Backfill shall be placed in horizontal layers not in excess of 8 inch thickness, and shall have an optimum moisture content when compacted. After compaction, the dry weight per cubic foot for each layer shall be at least 90% of the maximum Laboratory Dry Weight per cubic foot, as determined by ASTM 01557, except that backfill under slabs, walls, footings, sidewalks and pavement shall be at least 98% of ASTM 0 1557. I I I FILL AND BACKFILL MATERIAL: I Material for fill and backfilling shall be selected from the excavated material, and shall be free of trash, lumber, or other debris, roots and other organic, perishable or deleterious matter. I PAYMENT: I No separate payment will be made for any of the work covered by this section of the specifications. All costs in connection therewith shall be included in the lump sum Bid for the completed work. I 'ZEL, ENGINEERS 0805-00 T02 Excavation, Filling and Backfilling.doc T2-3 I I I SECTION T16 ELECTRICAL SCOPE: I It is the intent of this project to control ON/OFF operation of tennis courts 11 and 12 with one switch, and 15 and 16 with one switch. Switches will control operation of contactors. Pressing the ON button will close the contactors, turning the lights on until the OFF switch is pressed opening the contactors. I I Courts 15 and 16 will be in the base bid with courts 11 and 12 as an add alternate. In the base bid, the circuit breakers serving courts 11 and 12 will be spares. For courts 11 and 12, add alternate all poles, lights, and conduit and wiring serving lights at courts 11 and 12. Provide conduit and wiring for control switches and one control switch in base bid. I The work covered by this section of the specifications consists of furnishing all labor, equipment, appliances and materials, and in performing all operations in connection with the electrical work, complete and in strict accordance with this section of the specifications, the applicable drawings, and subject to the terms and conditions of the Contract. I I GENERAL: I The Contractor shall be responsible for providing a complete, safe and workable electrical system. I All components or equipment furnished under this specification shall be new and unused. I All electrical connections whether made by the Contractor or made by vendors furnishing equipment packages shall be the responsibility of the Contractor. All electrical connections shall be checked for proper torque, tension, compression or tightness by the Contractor. I All electrical connections determined to need attention shall be corrected by the Contractor. I Trench excavation for underground conduits and duct banks shall conform to Section T2 EXCAVATION, FILLING AND BACKFILLING of these specifications. I The electrical contractor is responsible for all construction cost (pole, meter, disconnect, etc. as required) associated with providing any required temporary power during construction. General contractor is responsible for application and cost/payments to the utility company. I CODES: I All electrical work shall be in conformance with the requirements and recommendations of the latest edition of the National Electrical Code, the National Electrical Safety Code, and all local codes and ordinances. Materials shall bear the label of the Underwriter's Laboratories, Inc., whenever applicable labeling is available for such materials. I I 0805-00 Tl6 Electrical.doc T16-1 'ZEL, ENGINEERS I I I SECTION T16 ELECTRICAL STANDARDS: I The latest issue of the specifications and standards of the following organizations are by reference made a part of these specifications. All electrical work, unless otherwise indicated, shall comply with their requirements and recommendations wherever applicable: I Illuminating Engineering Society (IES) Institute of Electrical and Electronic Engineers (IEEE) American National Standards Institute (ANSI) American Society for Testing Materials (ASTM) Insulated Cable Engineers Association (ICEA) National Bureau of Standards (NBS) National Fire Protection Association (NFPA) National Electrical Manufacturer's Association (NEMA) Underwriter's Laboratories, Inc. (UL) I I I TESTS DURING CONSTRUCTION: I All tests are to be conducted in the presence of the Engineer and RPR. Prior to energization, insulation resistance between individual conductors in conduit and from conductors and equipment windings to ground shall be measured. Measurements shall be made using a "Megger" ground tester (500 volts) as manufactured by the James G. Biddle Company, Philadelphia, Pennsylvania, or "Vibraground" tester manufactured by the Associated Research Company, Inc., Chicago, Illinois. Wiring and equipment not measuring up to minimum insulation resistance required by the Underwriters' Laboratory regulations shall be put in good condition at the electrical contractor's expense. I I I All ground connections, ground buses, and equipment ground resistances shall be read using methods and test devices as manufactured by the James G. Biddle Company, or equal. I TESTS OR CHECKS BY INSPECTING AUTHORITY: The Contractor shall cooperate with code-enforcing authorities and equipment manufacturers and suppliers during inspections or checks. I PRELIMINARY TRIALS: I The electrical contractor shall, in the presence of the Engineer or his authorized representative, run preliminary trials of the equipment connected by him. These trials or tests shall consist of, but not be limited to, checking all interlock circuitry for correct operation and checking all equipment connected by him for proper operation. I FINAL ACCEPTANCE TESTS AND INSPECTIONS: I I After the wiring system is completed, and at such time as the Engineer shall direct, the Contractor shall conduct operational checks to demonstrate that all equipment performs in accordance with the requirements of these specifications, contract drawings and vendor information. I 'ZEL, ENGINEERS 0805-00 T16 Electrical.doc T16-2 I I I SECTION T16 ELECTRICAL I The Contractor shall cooperate with the Engineer in performing final inspections. Panel covers shall be removed, doors opened, etc. at the direction of the OAR, to facilitate checks and inspections. All equipment opened or disturbed shall be returned to operational condition after the inspection and approval. I TEST RESULTS: I All results from tests, preliminary trials and final acceptance tests shall be documented by the Contractor and turned over to the Engineer at the completion of the job. Six copies of complete test results are required. I CORRECTIONS: I Any wiring installation or connection errors discovered during the test and/or trials shall be corrected by the Contractor at his own expense. Any equipment, materials or components damaged or destroyed as a result of improper installation or connection by the Contractor shall be replaced by him at his own expense. I CONTRACT DRAWINGS: I The drawings indicate the general arrangement of equipment. Do not drawings. Dimensions for layout of equipment shall be obtained architectural, mechanical, structural plans or by field measurement, specifically indicated on electrical plans. scale from unless I Coordinate electrical work with details, sections, elevations and plans found on architectural, mechanical and structural drawings and specifications. Modify electrical work to conform to requirements of equipment being served and conditions encountered in serving that equipment. I SHOP DRAWINGS, VENDOR PRINTS AND DATA: I Shop Drawings: The plans show the extent and general arrangement of the equipment and may be modified as required to suit the equipment furnished, subject to the approval of the Engineer. As soon as practicable, and within 45 days after the award of the Contract, the Contractor shall submit the following descriptive literature and drawings for all equipment furnished under this section of the specifications: I I Six (6) complete sets of shop drawings, vendor data sheets, wiring diagrams, etc. I Each submittal item shall be marked to show the specification section and page numbers(s) covering that item, equipment name and number. I Submittals for lighting fixtures shall include photometric data and exact type of ballast and lamps to be used. The Engineer reserves the right to require sample fixtures to be submitted for approval. I I 0805-00 Tl6 Electrical.doc T16-3 . 'ZEL. ENGINEERS I I SECTION T16 ELECTRICAL I Record Drawings: The Contractor shall reserve one complete set of electrical prints for as-built drawings. Any approved deviation from the contract plans shall be recorded on these prints by the Contractor. As-built drawings will be checked on the last working day of each month for accuracy and completeness by the Engineer or his authorized representative. I I Documentation: At the end of final inspection, the Contractor shall provide six sets of complete data on electrical materials and equipment used on this job. This data shall be in bound form and shall include the following items: I A complete table of contents. I Data sheets indicating electrical and functional characteristics of all devices and equipment. I Copies of all approved submittals. Panelboard circuit directories reflecting all field changes. I The Contractor shall turn over all as-built drawings (record drawings) to the Engineer at the time of final inspection. I MATERIALS: I Materials shall be furnished in accordance with the requirements of this specification, applicable drawings, agreement and "Codes and Standards" as set forth hereinbefore. I All material furnished by the Contractor shall be new, without defects and shall be delivered to the job site in the original cartons or packages. I All material of the same type shall be the product of one manufacturer where feasible. Equipment grouped together to serve a common purpose shall be the product of one manufacturer or supplier I The use of manufacturer's name and catalog number in these specifications is to define the type and quality of electrical components required. Where possible, two or more sources have been listed. Other manufacturer's products may be used only with written approval of the Engineer to assure overall system compatibility and reliability. I WORK: I The term "Work" is taken to include "labor, supervision, installation" and other action needed to complete the electrical system. I All work accepted. involved. shall be of the highest quality. No sub-standard work will be All work shall be performed by workmen skilled in the trades I I 'ZEL, ENGINEERS 0805-00 T16 Electrical.doc T16-4 I I I SECTION T16 ELECTRICAL CONDUIT: I All interior exposed conduit threaded couplings and fittings. shall be Intermediate metal conduit with Thin wall (EMT) conduit shall not be used. I All exterior exposed conduit shall be gal vanized rigid conduit with threaded couplings and fittings. I Conduit runs smaller than 3/4" trade size shall not be used except 1/2" conduit may be used for making attachments to equipment which, because of its construction, will not accept a larger size conduit. Lengths of 1/2" conduits shall be as short as possible. I All exposed conduit shall be run at right angles or parallel to structural members. Vertical runs shall be plumb. Diagonal conduit runs shall not be made except with written permission of the Engineer or when conduits are run below grade or above ceilings. Below grade runs of conduit shall follow paths as specified on the electrical drawings. I I Conduit runs installed underground in or below concrete slabs, below grade in duct banks, or in concrete walls may be rigid galvanized steel or rigid plastic conduit not less that Schedule 40. All underground conduits shall have warning tape routed in trench above conduit. I Do not route conduits in slab without approval of Engineer. I All cuts on conduit shall be square. Conduit ends shall be reamed after cutting. Couplings and threaded hubs shall have no less than five (5) full threads of the conduit engaged and shall be screwed up wrench tight and butted. I Seamless pipe shall be used for all bends made in the field. Conduit bends shall be made with standard "hickeys" to prevent kinks or flats in the bends. The proper size hickey shall be used for each size conduit. I The radius of the curve of the inner edge of any bend shall not be less than six (6) times the internal diameter of the conduit. All bends shall be carefully inspected for flaws before installation. I Flexible conduit connections shall be used at all motors or wherever vibration may make rigid conduit connections impractical. Flexible conduit in non- hazardous areas shall be flexible metal conduit covered with a polyethylene jacket. Metallic portion of all flexible conduit shall be bonded to boxes. I I Wherever conduits cross building expansion joints, conduit expansion joints shall be provided. I The installation of all conduit shall be properly coordinated with the work of other trades. Field routed conduit paths must be approved by the Engineer before installation. Conduit runs shall not be attached to or routed parallel to handrails without the approval of the Engineer. I I 'ZEL, ENGINEERS 0805-00 T16 E1ectrica1.doc T16-5 I I I SECTION T16 ELECTRICAL I Use galvanized rigid conduit where conduit changes from underground and/or concrete embedded to exposed, under equipment mounting pads, in exterior light pole foundations, and for analog circuits. I PULL BOXES: I Pull boxes shall be constructed of stainless steel or copper free aluminum of not less than the minimum size recommended by the National Electrical Code. Pull boxes shall be weatherproof, NEMA 4X unless noted. I The Contractor shall provide pull boxes where shown on the drawings or as required by the code, whether shown on the drawings or not. Pull boxes shall be approved for use in the area where they are installed. All pull boxes and junction boxes shall be sized to permit pulling of conductors out of boxes and feeding back into the boxes without exceeding the bending radius of cables as recommended by the cable manufacturer. I Pull boxes, junction boxes or suitable conduit fittings shall be provided in accordance with the following schedule: I Run Max. length without pull box I Straight One 900 bend Two or more 900 bends not over 200 feet not over 125 feet not over 75 feet I Conduit runs between outlets shall contain not more than the equivalent of four (4) quarter bends. I RACEWAY CLEANING: I The electrical contractor shall be responsible for cleaning all conduit, wireways and ducts, both overhead and underground before pulling cables. For underground ducts, the minimum cleaning shall consist of pulling a flexible mandril 1/4 inch smaller in diameter than the duct, followed by two passes with wire brushes the same diameter as the duct and one pass with a swab. The Contractor must be satisfied that ducts are free of burrs or obstructions which might damage cables before beginning pulls. If cables are damaged while being installed they shall either be adequately repaired in a manner suitable to the Engineer, or shall be replaced by the Contractor with new cable of comparable quality and description, at no cost to the Owner. I I RACEWAY SUPPORTS: I "Raceway" is defined as conduit or any other material or equipment used to enclose or hold cable or wire. I The electrical contractor shall provide material and labor to design, fabricate and install raceway supports. I I 'ZEL, ENGINEERS 0805-00 Tl6 Electrical.doc T16-6 I I I SECTION T16 ELECTRICAL I Raceway shall be installed with at least uninsulated hot pipes or other hot surfaces. enough apart on supports so that the conduit pulling or splicing wires. six (6) inches clearance from Conduit shall be spaced far fittings are accessible for I Raceway shall not be supported from process piping. I All conduit one (1) inch trade size and smaller shall have supports spaced not more than eight (8) feet apart on horizontal runs and ten (10) feet on vertical runs. All other raceways shall be supported at intervals not to exceed ten (10) feet horizontally or vertically. I Supports shall be provided on each side of conduit bends or elbows and not more than 3 feet from any outlet or termination point. I Where raceway requires support between structural framing members, sui table supplementary steel members shall be provided by the Contractor to span between them. Drilling of holes in flanges of structural framing members for hangers or supplementary steel will be permitted only. with the approval of the Engineer. Under no circumstances shall holes be permitted in the center portion of any structural member. I I Conduit not located in main racks shall be supported in a suitable manner by one(l)hole malleable clamps, U-bolts, Korns Clamps or similar means. Perforated strap or plumbers strap will not be permitted. I Raceway supports shall be secured to concrete work by approved expansion anchors or bolts, or by inserts set at the time the concrete is poured. When conduit supports or racks are attached to structural members, properly drilled holes shall be used. Burning of holes in structural steel members shall not be permitted. Supports or racks may be welded to structural steel members only if welded areas and cut ends are repaired with Galvalloy or equal. I I WIRE AND CABLE: General: I Conductors for lighting and power circuits shall not be less than #12 AWG, stranded copper and conform to the following standards and/or specifications. Conductors for control use shall not be less than #16 AWG, stranded copper with type THHN/THWN insulation. I I Conductors shall not be smaller than indicated on the drawings nor less than that required by the National Electrical Code (NEC). I Solid wire shall not be accepted in any service except thermocouple lead wire, if used. The Contractor shall, at his own expense, replace any solid wire used on this job with correct type and size stranded wire. I I 'ZEL, ENGINEERS 0805-00 Tl6 Electrical.doc T16-7 I I I SECTION T16 ELECTRICAL I Cables and conductors shall be tagged for identification by the electrical contractor using printed tape, or equal method, at each end and at all intermediate junction, tap or splice points. Use individual wire numbers as shown on the wiring diagrams and elementaries for all wires so numbered. Use cable numbers as shown on cable or circuit schedules. I All power wires shall be colored black, except that all wires connected to "B" phase (High Leg) shall be colored orange to comply with NEC Article 110.15. Control and lighting wires shall be color coded in accordance with the design drawings, ICEA standards or the NEC if not indicated by the design drawings. I I All feeders entering or leaving distribution equipment, junction and pull boxes shall have conductors tagged as to phase identification; i. e. , , A " 'B ' 'C', and circuit designations. I Each coil or reel of wire and cable furnished by the electrical contractor shall bear a tag containing the Underwriter's listing stamp, name of manufacturer, trade designation and month and year of manufacture. Material shall be of recent manufacture and in no case older than six (6) months. I 600 Volts and Below: I Wire shall have THHN/THWN or XHHW insulation and insulated ground conductor may have THHN/THWN or XHHW green insulation and shall meet or exceed UL Standard 83. I Wire shall be manufactured by Okonite, Southwire, or approved equal. WIRE CONNECTIONS AND DEVICES: I Wires and cables shall be installed without joints or splices, as far as practical. Wire nuts may be used only on lighting and receptacle circuits. Other splices, connections and terminations, when needed, shall be made with approved pressure-type solderless fittings. I I Connectors, splices and terminations shall be securely fastened with double indent tools designed to bring uniform pressure on all sides and shall not loosen under normal vibration or strain. I Fittings shall be of the correct size for the conductors and strands shall not be cut from conductors. Splices, if used, shall be insulated such that insulation will be equal to or better than the insulation on wires which are spliced. I Installing Wire And Cable: I All wire and cable shall be installed in raceway systems. No wire or cable shall be installed until the raceway system for that wire or cable is complete. I Wire pulling lubricant shall be used when installing wire or cable in raceway whose length from feeding point to pulling point exceeds 25 feet. I 0805-00 T16 Electrical.doc T16-8 'ZEL, ENGINEERS I I I SECTION T16 ELECTRICAL I Care shall be taken to ensure conductor maximum pulling tension is not exceeded while pulling wire into conduit. Installation in Panelboards, Cabinets, Control Panels, Etc.: I Wiring in such installations shall be neatly formed, grouped and laced with non-conductive binders. I BOXES, CABINETS AND ENCLOSURES: Pull boxes shall be supplied in conformance with a prior subsection of this specification. I Junction boxes, cabinets and other enclosures for electrical materials or equipment shall be provided as shown on the drawings or as required by the National Electrical Code. I Size shall be the larger of that shown on the drawings or as required by the National Electrical Code. I Material shall be code grade steel or copper free aluminum. I All boxes and cabinets installed outdoors shall be of NEMA 3R or 4X construction. I All connections to boxes and cabinets installed outdoors shall be by threaded hubs or fittings. I Outlet boxes of a type to suit the intended use shall be installed at the locations shown on the drawings. I Location of outlet boxes shall be closely coordinated with the work of other trades to avoid interferences and provide efficient service to the devices or equipment served. I All supports fabricated for outdoor boxes shall be aluminum or galvanized steel. HANDHOLES: I Handholes for underground distribution shall be located approximately as shown on the drawings. The exact location shall be determined after careful consideration has been given to the location of other utilities, grading and the length of conductor pulls. Handholes shall have nominal dimensions of 2'- 0" wide x 2'-0" long x 2'-0" deep. Handhole shall be open bottom with gasket. Procide with 14" Open Bottom stackable extension. Cover shall be heavy duty, gasketed, 2 bolts, and ansiteir 15. Cover shall be labeled "ELECTRICAL". Provide minimum of 6" depth of number 57 stone below hand. Stone base shall extend 6" around perimeter of box. Handhole shall be "PG" sytles manufactured by Quazite. I I I I 0805-00 T16 Electrical.doc T16-9 'ZEL, ENGINEERS I I I SECTION T16 ELECTRICAL PANELBOARDS: I Furnish and install circuit breaker type lighting and power panelboards as indicated on the drawings and schedules. I Panelboards shall be of the dead-front safety type employing thermal-magnetic molded case circuit breakers. I A steel circuit directory frame and card with a clear plastic covering shall be provided on the inside of the door. The directory card shall provide a space at least 1/4" high x 3" long for each circuit. The directory shall be typed to identify the load fed by each circuit. I panelboard shall be lockable and a minimum of two keys supplied. I Interiors shall be completely factory assembled devices. They shall be designed such that switching and protective devices can be replaced without disturbing adjacent units and without removing the main bus connectors. I Surface trims shall be same height and width as box. overlap the box by 3/4 of an inch on all sides. Flush trims shall I Main bus bars shall be copper sized in accordance with UL standards to limit temperature rise on any current carrying part to a maximum of 650C above an ambient of 400C maximum. I A system ground bus shall be included in all panels. I Full-size (lOO%-rated) insulated neutral bars shall be included for panelboards shown with neutral. Bus bar taps for panels with single-pole branches shall be arranged for sequence phasing of the branch circuit devices. Neutral busing shall have a suitable lug for each outgoing feeder requiring a neutral connection. 200%-rated neutrals shall be supplied for panels designated on drawings with oversized neutral conductors. I I Enclosures shall be at least 20 inches wide made from galvanized steel. Provide minimum gutter space in accordance with the National Electrical Code. Where feeder cables supplying the mains of a panel are carried through its box to supply other electrical equipment, the box shall be sized to include the additional required wiring space. At least four interior mounting studs with adjustable nuts shall be provided. I I Enclosures shall be provided with blank ends. I Provide an engraved nameplate for each panel section. Surfaces of the trim assembly shall be properly cleaned, primed, and a finish coat of gray ANSI 61 paint applied. I Install 6 feet to top of panelboard; install panelboards taller than 6 feet with bottom no less than 12 inches above ground. Manufacturer to be Eaton/Cutler-Hammer, Square D, or GE. I 0805-00 T16 Electrica1.doc T16-10 'ZEL, ENGINEERS I I I SECTION T16 ELECTRICAL SWITCHES, RECEPTACLES AND DEVICES: I All wiring devices shall be of heavy-duty industrial grade or hospital grade construction. I Wiring connections shall be made only via looping conductors around terminal screws. Devices employing only "slip-in" wire connections shall not be used. (Compression type connections are permitted with power receptacles and plugs.) I Devices shall be held securely in place by threaded screws attached to outlet boxes. Devices shall, in no way, depend on cover plates for support. I Wiring devices installed outdoors or in potentially wet areas shall be installed in FS boxes with weatherproof covers. I Wiring devices installed indoors shall be installed in recessed boxes wherever possible. Plates shall be properly aligned horizontally and vertically. I All flush mount plates shall be oversized nylon plates and ivory in color. I All surface mount plates shall be same height and width as box. Switches: I All switches shall be rated 20 amps, 120/277 volt, silent type. I Where more than one switch is indicated in the same location, switches shall be gang mounted under a common cover plate. I Unless noted otherwise, switches shall be set 48 inches above walking surface and shall clear door trim or corners approximately 4 inches from the edge of the space occupied. I Switch locations shall be coordinated to place switches on the strike side of doors. 120 Volt Convenience Outlets (Receptacles): I I All receptacles shall be single or duplex grounding type rated 20 amps, 125 volts, A.C., NEMA 5-20R, except as noted on drawings. Receptacles shall be ground fault interrupting type where noted on drawings or required by codes. Unless noted otherwise, receptacles shall be set 18 inches above walking surface. I All receptacles located outdoors or in damp locations shall be the ground fault interrupting type with a weatherproof hinged cover. I I 'ZEL, ENGINEERS 0805-00 T16 Electrical.doc T16-l1 I I I SECTION T16 ELECTRICAL Push Buttons: I Provide push button switches as indicated on drawings. Each switch shall hae an "ON" and "OFF" button. "ON" and "OFF" shall be engraved on each button. Switches shall be manufactured by Allen-Bradley, Square 0, or GE. I Lighting Contactor: I Provide 240 VAC, 2 Pole, tennis court lighting. Square 0, or GE. 60 Amp lighting contactor for ON/OFF operation of Contactors shall be manufactured by Allen-Bradley, I DISCONNECT SWITCHES: I Swi tches shall be provided as National Electrical Code and construction. shown on the drawings or as required by the shall be of heavy duty, industrial rated Switches shall be type and size as shown on the drawings. I All switches shall be rated NEMA 3R if located outdoors, NEMA 1 minimum if located indoors, unless otherwise noted on drawings. I Switches shall be installed to be fully accessible in accordance with the NEC. I Switches shall be constructed to simultaneously disconnect all ungrounded conductors. Switches shall be identified with name and number of circuit(s). I Rating and Over-current Protection: I Low voltage switches used to disconnect motor circuits shall be horsepower rated. Rating must equal or exceed the horsepower of motor (s) fed by the switch (es) . I If a fused disconnect switch is called for, fuses of size and rating specified on the drawings or schedules, by the equipment manufacturer, or by the NEC shall be supplied by the Contractor. I OVER-CURRENT PROTECTIVE DEVICES: Rating: I All devices shall be rated to conduct at least the maximum full load current of the circuit in which it is used. I All protective devices which interrupt overload or short circuit current shall be rated to interrupt and withstand the maximum bolted fault current which may occur in the circuit to which it is connected. I All devices shall be furnished to agree with any additional requirements listed on the drawings and schedules. I 0805-00 T16 Electrica1.doc T16-l2 'ZEL, ENGINEERS I I I SECTION T16 ELECTRICAL Fuses: I Fuses shall be one-time type. Renewable fuses are specifically prohibited. Fuses, unless noted otherwise, shall be current-limiting type. I Only cartridge-type fuses may be used. Plug-type fuses are prohibited. I Circuit Breakers: Molded case circuit breakers for panelboards and similar uses shall be thermal- magnetic type. Magnetic-only type may be used in combination motor starters. I Molded case circuit breakers shall be bolt-on type. Plug-in type connections shall not be used. Load side lugs shall be furnished to match the number, type and size wire or cable attached. I All breakers shall be manufactured by the supplier of the panelboard. I GROUNDING: Install ground system as shown on drawings and as specified herein. I I Non-current carrying metal parts of all electrical equipment shall be grounded to equal or exceed the requirements of the National Electrical Code. In general, a separate ground conductor shall be attached to each item for which grounding is required. Switchgear assemblies, motor control centers, motors, motor starters, feeder breakers or switches and switch racks shall be connected to the ground system. All metallic conduit and raceway shall be grounded directly or through the equipment. I All neutral conductors shall be grounded, except where specifically exempted. Neutrals shall be connected to ground at only one point, as specified by the NEC (usually at system distribution panel). I I Ground rods to be copper-clad steel rods not less than 3/4 inch in diameter, 10 feet long driven full length into the earth. For below grade connections, provide exothermic-welded type of connectors as manufactured by cadweld, thermoweld, or equal. I For above grade connections, provide exothermic-welded, or compression type connectors. I TRANSFORMERS: I Ventilated dry-type transformers shall be designed in full accordance with ANSI C89.2 (NEMA ST-20) for all KVA ratings 600 volts and below. I Transformers shall be designed and rated for continuous operation at rated KVA 24 hours per day, 365 days per year, with normal life expectancy as defined in IEEE No. 65. I 0805-00 T16 Electrical.doc T16-13 'ZEL, ENGINEERS I I I SECTION T16 ELECTRICAL I Transformers shall have proven 220oC. insulation systems. The coils shall be wound with copper conductors insulated with proven high temperature resistant, 220oC. material. I Transformer enclosures shall be fabricated of code gauge steel and arranged to prevent the entrance of foreign objects. Transformers mounted inside motor control center enclosures may be supplied less cabinet. I Manufacturer to be Eaton/Cutler-Hammer, Square 0, or GE. LIGHTING: I Lighting fixtures and lamps as shown on the drawings, schedules and/or this specification shall be furnished and installed by the Contractor. I Lighting fixtures shall be located approximately as shown on the electrical drawings. The Contractor shall review drawings of other trades to provide lighting fixtures compatible with surrounding conditions, to provide effective lighting for the work areas and to prevent interference between lighting equipment and other equipment. I Installation and proper support of lighting fixtures shall be the responsibility of the Contractor. Fixtures shall be aligned and mounted uniformly. Aiming to accomplish effective lighting of areas to be illuminated shall be performed by the Contractor. The Contractor shall supply all hardware and accessories necessary for proper mounting and installation of fixtures. I I All fixtures to be UL listed. I Support surface mounted luminaires on grid ceiling directly from building structure. Provide safety clips to secure fixture to ceiling grid, and locate at opposite corners of fixture. I Install recessed luminaires to permit removal from below. I Install recessed luminaires using accessories and fires topping materials to meet regulatory requirements for fire rating. I Install clips to secure recessed grid-supported luminaires in place. directly from building structure. Support Exterior Lighting Fixtures: I All exterior lighting fixtures shall be industrially rated, enclosed, gasketed, and weatherproof. I BALLAST: All ballast to be UL listed. I Ballast to match lamp type and voltage. See fixture schedule. I 'ZEL, ENGINEERS 0805-00 Tl6 Electrical. doc T16-14 I I I SECTION T16 ELECTRICAL I Make every effort to provide all ballast from the same manufacturer. within luminaries of a given type must be from the same manufacturer. Ballast Fluorescent Ballast specifications: I 1. Ballast shall be instant start. 2. THD of less than 20% unless otherwise noted on drawings I 3. Power factor of greater than .95 I 4. Ballast shall operate from 60 Hz input source of 120V, 277V, or 347V as applicable with sustained variations of :t 10% (voltage and frequency) with no damage to the ballast I 5. Ballast shall be high frequency electronic type and operate lamps at a frequency between 20 kHz and 30 kHz or above 42 kHz to avoid interference with infared devices and eliminate visible flicker. I 6. Ballast shall provide for a lamp current crest factor of 1.7 or less in accordance with lamp manufacturer recommendations. I 7. Ballast shall have a Class A sound rating for all 4-foot lamps and smaller. I 8. Ballast shall have a minimum ballast factor for primary lamp application as follows: 0.75 for low watt, 0.85 for normal light output, and 1.20 for high light. I 9. Ballast shall have a minimum starting temperature of standard T8 lamps. -180C (OoF) for I 10. Ballast shall contain auto restart circuitry in order to restart lamps without resetting power. I 11. Ballast shall be manufactured in a factory certified to ISO 9002 Quality System Standards. I 12. Ballast shall carry a five-year warranty from date of manufacture against defects in material or workmanship, including replacement, for operation at a maximum case temperature of 70oC. I 13. Manufacturer shall have a fifteen-year history of producing electronic ballast for the North American market. HID Ballast Specification I 1. Constant wattage autotransformer or regulator, high power factor type 2. Single lamp ballast. I 3. Minimum starting temperature of -30oC and designed for installation in a normal ambient temperature of 40oC. I 0805-00 T16 Electrical.doc T16-15 'ZEL, ENGINEERS I I I SECTION T16 ELECTRICAL I 4. Use ballast constructed so that open circuit operation will not reduce the average life. I 5. Ballast shall contain auto restart circuitry in order to restart lamps without resetting power. 6. Ballast shall be manufactured in a factory certified to ISO 9002 Quality System Standards. I 7. Ballast shall carry a two-year warranty from date of manufacture against defects in material or workmanship, including replacement. I 8. Manufacturer shall have a fifteen-year history of producing magnetic ballast for the North American market. I Lamps: I Lamps shall be provided for all fixtures. Lamps installed during construction, which have experienced more than 50% of burning hour life, as published in manufacturer's data, shall be replaced with new lamps prior to final inspection. I Incandescent lamps shall be rated for a minimum of 2500 burning hour life and shall be vibration resistant. I Fluorescent lamps shall be high efficiency type employing latest technology designed to yield maximum lumens output per watts input. HID Lamps shall be furnished with fixtures as specified on the drawings. I All lamps shall be of the same manufacturer. I Lamp type and color will be as noted on drawings. All lamps to be UL Listed. I LABELS: I Laminated plastic nameplates are to be provided on all equipment, panelboards, disconnect switches, etc. I Nameplates shall have 3/16" high white letters etched on black background, and shall be permanently mounted utilizing pop rivets. Panelboards shall be labeled as shown on the drawings. Disconnect switch labels shall show the equipment served and the panel and circuit number of service. I DRAWINGS AND SUBMITTALS: I Submittals and documentation shall be made as covered hereinbefore in this section of the specification and in the Supplemental Conditions. I 0805-00 T16 ElectricaL doc T16-16 'ZEL, ENGINEERS I I I SECTION T16 ELECTRICAL WARRANTY: I All material and workmanship provided under this section of the Specifications shall be warranted for a period of One (1) year from the date of final acceptance. I PAYMENT: I No separate payment will be made for work covered under this section of the specifications. All costs in connection therewith shall be included in the lump sum Bid for the completed work. I I I I I I I I I I I I I 'ZEL, ENGINEERS 0805-00 T16 Electrical.doc T16-17 I