HomeMy WebLinkAboutCONTRACT DOCUMENTS AND SPECIFICATIONS CONTROL SOUTHERN CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
AUTOMATION TO THE OPERATION
OF THE
CANAL HEADGATES
Augusta, Georgia
The Honorable Deke S. Copenhaver, Mayor
Commissioners:
William Fennoy
Corey Johnson
Mary Davis
Alvin Mason
Bill Lockett
Joe Jackson
Donnie Smith
Wayne Guilfoyle
Marion Williams
Grady Smith
Tom D. Wiedmeier
Director, Augusta Utilities Department
Augusta Utilities Department
360 Bay Street, Suite 180
Augusta, GA 30901
March 2014
THIS AGREEMENT, made on the day of by and between AUGUSTA,
GEORGIA, BY AND THROUGH THE AUGUSTA, GEORGIA COMMISSION, party of the first part,
hereinafter called the OWNER, and (j ✓a I / _re ✓14 tIn . c , 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, equipment and labor
necessary to perform all of the work shown for the:
AUTOMATION TO THE OPERATION OF THE CANAL HEADGATES
and, in accordance with the requirements and provisions of the General and Supplemental General
Conditions attached, which are hereby made a part of this agreement. In addition, the unit price by which are
negotiated shall be considered valid for 365 calendar days from contract approval.
CONTRACTOR shall be compensated in accordance with the compensation provisions below and in
accordance with the rates established in Bid Item 14 -155 or as may be amended and approved by OWNER.
ARTICLE II - TIME OF COMPLETION /LIQUIDATED DAMAGES
The work to be performed shall be reviewed with the CONTRACTOR prior to OWNER
issuing notice to proceed. Once both parties have agreed, m writing, to the work described a written notice
to proceed shall be issued by OWNER. Work shall be commenced within 10 calendar days after the date of
notice to proceed. All work shall be completed within the calendar days specified in Bid Item 14-155 with all
such extensions of time as are provided for in the contract documents.
It is hereby understood and mutually agreed., by and between the CONTRACTOR and the
OWNER, that the date of beginning, rate of progress and the time for completion of the work to be done
hereunder are ESSENTIAL CONDITIONS of this contract. CONTRACTOR agrees that said work shall be
prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion
thereof 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 is a reasonable time for completion of the
same, taking into consideration the average climatic range and construction conditions prevailing in this
locality.
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE
CONTRACT 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 Five Hundred and
no /100s ($500.00) 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.
A- l
by whoiy ow prietps or partnerships will be signed by all OWNERS. Bids of
corporations will be signed by an officer of the firm and his signature attested by the secretary thereof
who will affix the corporate seal to the proposal
NOTE: A 10% Bid Bond is required in all cases.
IB -05 BASIS OF AWARD
The bids will be. compared on the basis of unit prices, as extended, which will include and cover the
fu rnishing of all material ned and the performance of ail labor requisite or proper, and completing of all the
work called for under the accompanying contract, and in the manner set forth and described in the
specifications.
Where estimated quantities are included in certain items of the proposal, they are for the purpose of
comparing bids. While theyare believed to be close approximations, they are not guaranteed. It is the
respo nsibility of the CONTRACTOR to check all items of construction. In case of error in extension of
prices in a proposal, unit bid prices shall govern.
IB-0b BIDDER'S QUALIFICATIONS
No proposal will be received from any bidder unless he can present satisfactory evidence that he is
skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all
obligations to be incurred in carrying out the work. He shall submit with his proposal 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 maybe
requested. The OWNER reserves the right to reject anybid if the evidence submitted by the bidder or
investigation of him fails to satisfy the OWNER that such bidder is properly qualified to carry out the
obligations of the contract and to complete the work contemplated therein. Part of the evidence
required above shall consist of a list of the names and addresses of not less than five (5) firms or
corporations for which the bidder has done similar work.
IB -07 PERFORMANCE BOND
At the time of entering into the contract, the CONTRACTOR shall give bond to the OWNER for the use
of the OWNER and all persons doing work or furnishing skill, tools, machinery or materials under or
for the purpose of such contract, conditional for the payment as they become due, of all just claims for
such work, tools, machinery, skill and terms, for saving the OWNER harmless from all cost and charges
that may accrue on account of the doing of the work specified, and for compliance with the laws
pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the OWNER and
authorized by law to do business in the State of Georgia.
Attorneys -in -fact who sign bonds must file with each copy thereof a certified and effectively dated
copy of the power of attorney.
IB -08 RE!ECTION 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.
IB -2
1
(C) The ming accep of the final paym for the Contract sha constitute a
o cl aims b y the OWNER regarding the work done as part o tha Contract, other than those arising
from unsettled liens, f faulty work app eari within 12 months aft f payment, from requirements of
the waiver specifica all ti or fr om manufacturer's gua It shall also co a waiver o;jilt
all c ll laims by the
CONTRACTO excep those previousl y mad and still unsettled.
(D) If after the work ha been substantially c full completion thereof is
materially del ayed thr ough no fault of the CONTRACTOR, and the OW Representative so certifies, the
OWNER shall upon ce rtification of the OWNE r epresentative, and w terminating the Contract, make
payment f of th balanc due for that portion of th e work fully comple 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.
Entire Agreement
This Agreement supersedes all prior agreements and understandings and may only be changed by written
revision executed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3)
counterparts, each of which shall be deemed an original, in th e year and d ay first mentioned above.
�,� ®wee
OWNER: AUGUSTA, GEORGIA ,:® �GN'Mj ' \ ®ems
ATTESTi�a`��,� • , \ �•••, /'# SEAL
/� / � ,/� • � �. -•,� k i� yam` • ®�
B (_N < By: ir'.l y " rr • 0
A oil /1 61v/ The Honorable Deke Copenhaver Lena J.1lme.A• pi
1(16/0Mayor / Clerk of t ‘\o �'ss �� ,, i• h • Date: l'� ( ( O Date: r / : AV/ 1 '0' 40
APPROVED AS TO FORM: DEPARTMENT APPROVAL:
By: „ % .!
. � L�'_� l By: 1� C). LA- -^-^�
r'
Thomas D. Wiedmeier
Attorney V307/1/ Director, Augusta Utilities Department
Date• Da te: , (. '
CONTRACTOR:
ATTEST: SEAL
By: CarCarlin / Sod , iern, � , c By: V ���t.�",e'�"_'
Y
Name: /eel Pe ‚”- il Name:
Title: v S cAR-5 Title: NOTARY PUBLIC
Date: 'l'4 t ly Date: 9[ 1 Fulton County
Slots of
Mr Co i$ one
A -3
SCOPE
BID ITEM 4'155
AUTOMATION TO THE OPERATION OF THE CAN HEADGATES
This project includes replacement of the existing manual gate
actuators adding automation to the operation of the Canal Head Gates.
The work covered consists of furnlshing #1 all labor, equipment,
appliances and materials and performing all operations AL in connection
with the satisfactory installation of the instrumentation and control
system complete with all appurtenances, accessories, control piping,
and listed wiring In strict accordance with this section of the
specifications, the applicable drawings, and subject to the terms and
conditions of the Contract.
si
CONSTRUCTION CONTRACT CH ORDE
CO NUMBER
BID ITEM
DATE
PROJECT TITLE
ORIGINAL CONTRACT DATE P ROJECT NUMBER
OWNER AUGUSTA, GEORGIA PO NUMBER _
The following change is hereby made to the contract for the above project:
Description of Change (fora more detailed description see attached proposal):
PAYEE
TOTAL AMOUNT OF THIS CHANGE ORDER S
The contract time will be INCREASED by Q calendar days as a result of this change.
ORIGINAL CONTRACT AMOUNT S
PREVIOUS CHANGE ORDER (INCREASE) S
THIS CHANGE ORDER (INCREASE) 5
TOTAL REVISED CONTRACT AMOUNT WITH CHANGE ORDER S
FUNDING NUMBER /ACCOUNT NUMBER
PROPOSED BY: DATE.
CONTRACTOR
rOR
REQUESTED BY: DATE:
ENGINEER
SUBMITTED BY: DATE:
DEPARTMENT HEAD
FINANCE ENDORSEMENT: DATE:
COMPTROLLER
RECOMMENDED BY: DATE:
ADMIN] SIRATOR
APPROVED BY: DATE:
MAYOR
The Surety, for value receive, hereby stipulates and agrees that the obligations of said Surety
and its bond shall be in no way impaired or affected by any extension of the time within which
the Owner may accept such Bid; and said Surety does hereby waive notice of any such
extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and
seals, and such of them as are corporations have caused their corporate seals to be hereto
affixed and these presents to be signed by their proper officers, the day and year first set
forth above.
Signed and sealed this day of A. D. 20 .
Witness (Seal)
(Principal)
Attest By (Seal)
(Title )
Witness (Seal)
(Surety)
Attest By _ (Seal)
(Title)
BB -2
defaults under the contract or contracts of completion arranged u this pagraph)
sufficient funds to pay the cost o£ completion less the balance of the contract price; ar but not ,
exceeding, including other costs and damages for which the Surety may be liable hereunder
the amount set forth in the first paragraph hereof. The term "balance of the contract price," as
used in this paragraph, shall mean the total amount payable by Owner to Cont ractor under the
Contract and any amendments thereto, 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, administrators or
successors of the Owner.
Signed and sealed this day of , A. D. 2Q .
Witness (Seal)
(Contractor)
Attest By (Seal)
(Title)
Witness (Seal)
(Surety)
Attest . By (Seal)
(Title)
PB-2
claimant's work or labor was done or performed, or materials were furnished by such
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. The Owner shall not be liable for the payment of any costs or
expenses of any such suit.
(3) No suit or action shall be commenced hereunder by any claimant,
(a) Unless claimant, other than one having a direct contract with the Contractor,
shall have given written notice to any two of the following: The Contractor,
the Owner, or the Surety above named, within ninety (90) days after such
claimant did or performed the last of the work or labor, or furnished the last
of the materials for which said claim is made, stating with substantial
accuracy the amount claimed and the name of the party to whom the
materials were furnished, or for whom the work or labor was done or
performed. Such notice shall be served by mailing the same by registered
mail or certified mail, postage prepaid, in an envelope addressed to the
Contractor, Owner or Surety, at any place where an office regularly
maintained for the transaction of business, or 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 need not be made by a public officer.
(b) After the expiration of one (1) year following the date on which Contractor
ceased work on said CONTRACT, it being understood, however, that if any
limitation embodied in this bond is prohibited by any law controlling the
construction hereof, such limitation shall be deemed to be amended so as to
be equal to the minimum period of limitation permitted by such law.
(c) Other than in a state court of competent jurisdiction in and for the county or
other political subdivision of the state in which the project, or any part
thereof, is situated, or in the United States District Court for the district in
which the project, or any part thereof, is situated, and not elsewhere.
(4 ) The amount of this bond shall be reduced by and to the extent of any payment or
payments made in good faith hereunder, inclusive of the payment by Surety of
mechanics' liens which may be filed of record against said improvement, whether or
not claim for the amount of such lien be presented under and against this bond.
PB -4
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 insurance; Notice of Award; and Change Order duly delivered after
execution of Contract together with all amendments, modifications and supplements issued pursuant to
paragraphs 3.3 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, Georgia Commission, and its authorized designees, agents, or employees.
Day - Either a working day or calendar day as specified in the bid documents. If a calendar day shall fail 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
S pecfiication s -Those portions of the Contract Documents consisting of written technical descriptions of r l
mater e quipment, construction systems, standards and workmanship as applied to the Work and certain
a dm i n i st r ati ve details applicabl thereto.
S ubcontrac tor -An individual, firm or corporation having a direct contract with CONTRACTOR or with any othe
S for the peormance of a part of the Work at the site.
Substantial Completion -The rk (or a specified part thereof) has progressed to the point where, in the
o o PROFESSIONAL s evidenced by PROFESSIONAL's definitive certificate of Substantia
C omp l et i on , it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or
s p ec ified pa rt) can be used for he purposes for which it is intended, or if there be no such certificate issued,
when final payment is due in accordance wlth 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 -AH pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other
such facilities or attachments, and any encasement containing such fac)lities which have been installed
underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable television, sewage and drainage removal, traffic or other
control systems, or water.
Unit Price Work -Work to be paid for on the basis of unit prices.
Work -The entire completed construction or the various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work is the result of performing services, furnishing labor and
furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as
required by the Contract Documents.
Work 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.
ARTICLE 2- PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these
Contract Documents.
GC -3
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.
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 alt. 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 (or on the Effective Date of the Agreement if there were no Bids), except as may
be otherwise specifically stated in the Contract Documents.
GC -5
Physical Co
4.2.1. Explora and Reports: Reference is made to the Supplementary Conditions for ident€fication
of those repo of explorations and tests of subsurface conditions at or contiguous to the site that have been
util€zed in pr dlt the Contract Documents and those drawings of physical Condit €ons 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 net
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, anyaspects 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
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.
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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.
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. AO 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.
5.22. 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;
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5.7. OWNER shall purchase and maintain such boiler and machinery insurance or adnal property r
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 fisted as insured or additional Insured parties.
5.8. Alt the policies of insurance (or the certificates or other evidence thereof) ditio required to be
purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision o
endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until a
least thirty days prior written notice has been given to CONTRACTOR by certified mall 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 toss 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. Prlor 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.
Receipt and Application of Proceeds:
5.12. Any insured Toss 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.
GC -11
AR TICLE 6— CONTRACTOR'S RESPONSIBILITIES
6.1 CONTRACTOR shall supervise and dire the W ork co mpetently a efficiently, devoting such
attention thereto and applying such skips and expertise as may be necessary to pe the W ork in
accordance with the Contract Documents. CONTR s hat! be so responsible for the means,
methods, techniques, seque and procedures of co but CONT s not be responsible
for the negligence of others in the design or specification of a specific means meth technique, sequence or
procedure of co nstruction which is shown or indi i n and expressly requ b the Contract Documents.
CONT shall be respo to see that the f inished Work compl accuratel w ith the Contract
documents.
6.2. CONTRACTOR shalt keep on the Work, at all times during its progress, a competent resident
superintendent, who shalt 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 shalt have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall
be as binding as i given to CONTRACTOR.
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out 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 facitities, 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 furnishing or performance of
the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or
9.15.
Adjusting Progress Schedule:
6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in
paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments;
these will conform generally to the progress schedule then in effect and additionally will comply with any
provisions of the General Requirements applicable thereto.
GC -13
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, OW NER's or PROFESSIONAL's acceptance (either in writing or byfaiiing 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 pay or to see to
the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as
may otherwise be required by Laws and Regulations.
6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not
control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade.
6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL
and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor
a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued
pursuant to paragraphs 5.6 and 5.7.
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 attorneys' fees and court and arbitration
costs arising out of any infringement on patent rights or copyrights incident to the use in the performance of
the Work or 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 process will be considered for time extensions only and no damages or additional compensation for
delay will be allowed.
GC-15
Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. CONTRACTOR shall assume all risk of loss for stored
equipment or materials, irrespective of whether CONTRACTOR has transferred the title of the stored
equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of, and
shall provide the necessary protection to prevent damage, injury or loss to:
6.20.1. all employees on the Work and other persons and organizations who maybe 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 of the Work may affect
them, and shall cooperate with them in the protection, removal, relocation and replacement of their property.
All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or
indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or
organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or toss
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
CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall
continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER
and CONTRACTOR in accordance, with paragraph 14.13 that the Work is acceptable (except as otherwise
expressly provided in connection with Substantial Completion).
6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the
prevention of accidents at the site, This person shall be CONTRACTOR's superintendent unless otherwise
designated in writing by CONTRACTOR to the Project Manager.
Emergencies:
6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or
adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or
OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give
PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or
variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a
change in the Contract Documents is required because of the action taken in response to an emergency, a
Work 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
fife a (5) wr days itten report the on such person(s) and any other event resulting In property damage of any amount within
five of occurrence.
GC -17
6 sib PROFESSIONAL "s approval of submittals or samples shall not relieve CONTRACTOR from
• responi for any variation fro the reremens of t e Con Documents unless CONT h as,
in writing ca lled PROF L'S a to ea such vari at the time of submi and the
OWNER has lity g iven written approval to the s devia ay such approval by P ROFESS I O NA L s not
relieve CONT from r f or e rrors or h o missons in the submitta
6 W here a shop drawing o sa is req by n the C ontract Documents or the s chedu l e of
shop drawings and sample submissi a ccepted t b PROFES as re an r work
performed prior to PROFESSIONAL'S review and approval of the pertinent submittal will be at the sole
expense and responsibility of CONTRACTOR.
Continuing the Work:
6.30. CONTRACTOR shall carryon the Work and adhere to the progress schedule during alt 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 OW NER mayotherwise
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.
lndemnifcation:
6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and
hold harmless OWNER, PROGRAM MANAGER and PROFESSIONAL and their consultants, agents and
employees from and against all claims, damages, losses and expenses, direct, indirect or consequential
(including but not limited to fees and charges of PROGRAM MANAGER, PROFESSIONALs, architects,
attorneys and other PROFESSIONALS and court and arbitration costs) arising out of or resulting from the
performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself)
including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or
omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by
any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by
Law and Regulations regardless of the negligence of any such party.
6.33. In any and all claims against OWNER, PROGRAM MANAGER or PROFESSIONAL or any of
their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or
organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, the indemnification obligation under paragraph 6.32 shall not be 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.
GC -19
ARTICLE 8 --- OWNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all
communications to CONTRACTOR through the PROGRAM MANAGER or PROFESSIONAL.
8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a
PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the
Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such
appointment shall be subject to arbitration.
8.3. OWNER shall 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. OW NER'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.
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.
GC -21
Decisions on Disputes:
9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents
and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the
acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the
performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes 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 bythe claimant
to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after
the occurrence of the event giving rise thereto) and written supporting data will be submitted to
PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL allows
an additional period of time to ascertain more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL
will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation
or decision rendered in good faith in such capacity. The rendering of a decision by PROFESSIONAL pursuant
to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have
been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise
have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other •
matter.
Limitations on PROFESSIONAL's Responsibilities:
9.13. Neither PROFESSIONAL's authority to act under this. Article or elsewhere in the Contract
Documents nor any decision made in good faith to exercise such authority shall give rise to any duty or
responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees.
9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques,
sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be
responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents.
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.
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. tithe proposal request
calls only for the deletion of Work, the OWNER 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.
GC -23
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. Lum p 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
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, shalt
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. AU 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.
GC -25
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 specificallycovered by paragraph 11.4.4 -all of which are to be
considered administrative costs covered by CONTRACTOR'S Fee.
11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's
office at the site.
11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTORS capital
used for the Change Order Work and charges against CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except for the cost of premiums
covered by subparagraph 11.4.5.9 above).
11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to,
the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any
damage to property.
11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in paragraph 11.4.
CONTRACTOR's Fee:
11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as
follows:
11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon;
11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen
percent,
11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a
subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors shall be fifteen percent,
11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and
11.3,
11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which
results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in
CONTRACTOR'S Fee by an amount equal to ten percent of the net decrease, and
GC -27
ARTICLE 12-- CHANGE OF CONTRACTTIME
12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in
the Contract Time shall be made in writing and delivered to PROFESSIONAL and OWNER within seven (7)
calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be
submitted to PROFESSIONAL and OWNER within fifteen (15) calendar days after such occurrence unless the
OWNER allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time
must set forth in detail the reasons for and causes of the decay and clearly indicate why the subject delay was
beyond CONTRACTOR's control or fault.
12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or
completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or
by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor
disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by
CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR's control or fault, then the
Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine.
CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay
which OWNER may determine to be due solely to such causes and only to the extent such occurrences
actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all
the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract
Documents to the contrary, no interruption, interference, inefficiency, suspension or decay in the performance,
progress, commencement or completion of the Work for any cause whatsoever, including those for which
OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty
to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's
sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of
any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the
procedures set forth herein.
ARTICLE 13—WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee:
13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be
new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner,
free from faults or defects, and in accordance with the requirements of the Contract Documents and any
inspections, tests, or approvals referred to in this Article. Ali unsatisfactory Work, all faulty Work and all Work
not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all
applicable building, construction and safety requirements shall be considered defective. Notice of all defects
shall be given to CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be
rejected, corrected, or accepted as provided in this Article.
Access to Work:
13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated
representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be
given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of
the Work and also for any inspection or testing by others.
GC -29
OWNER May Stop the Work:
13.10. When Work is defective or when CONTRACTOR falls to supply sufficient skilled workmen or
suitable materials or equipment or make prompt payments to Subcontractors for labor, materials, or
equipment or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order
CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of
OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the
benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the
Contract Price or Contract Time or other damages for a stop work order under this paragraph.
Correction or Removal of Defective Work:
13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER
and as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or
completed, or remove it from the site and replace it with non - defective Work. If CONTRACTOR does not
correct such defective Work or remove and replace such defective Work within a reasonable time, as
specified in a written notice from PROFESSIONAL, OWNER may have the deficiency corrected. Ali direct and
indirect costs of such correction shall be paid by CONTRACTOR or deducted from payment to
CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and replacing all Work
of others destroyed or damaged by the correction, removal, or replacement of the defective Work.
One Year Correction Period:
13.12. If, after approval of final payment and prior to the expiration of one year after the date of
substantial completion or such longer period of time as may be prescribed by law or by the terms of any
applicable special guarantee required by the Contract Documents, any Work or materials are found to be
defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall
promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such
defective Work or if it has been rejected by OWNER, remove it from the Site and replace it with non - defective
Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have
the defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such
removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and
other professionals) will be paid by CONTRACTOR.
Acceptance of Defective Work:
13.13. lf, instead of requiring correction or removal and replacement of defective Work, OWNER (and,
prior to PROFESSIONAL's recommendation of final payment, PROFESSIONAL) prefers to accept it, OWNER
may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's
evaluation of and determination to accept such defective Work (such costs to be approved by
PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of engineers,
architects, attorneys and other professionals). If any such acceptance occurs prior to PROFESSIONAL's
recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the
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 amount thereof, OWNER may make a claim
therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate
amount will be paid by CONTRACTOR to OWNER.
GC -31
Application for Progress Payment:
14.2. At least twenty (20) calendar days before the date established for each progress payment (but
not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application
for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of the
application and accompanied by such supporting documentation as is required by the Contract Documents. If
payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and
suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be
accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the
materials and equipment free and clear of all liens and evidence that the materials and equipment are covered
by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which
will be satisfactory to OWNER. Payment is subject to a ten percent (10 %) retainage that will be held until the
final payment or acceptance by OWNER. The amount of retainage with respect to progress payments will be
as stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered
by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than
the time of payment free and clear of all Liens.
Review of Applications for Progress Payment:
14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for
Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or
return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit
the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for
payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount
recommended.
14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment
will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on -site
observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on
PROFESSIONAL's review of the Application for Payment and the accompanying data and schedules, that the
Work has progressed to the point indicated; that, to the best of PROFESSIONAL'S knowledge, information
and belief, the quality of the Work is in accordance with the Contract Documents subject to an evaluation of
the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent
tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit
Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation; and that
CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such
payment, PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous
on -site inspections have been made to check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be
other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by
OWNER or OWNER to withhold payment to CONTRACTOR.
14.6. PROFESSIONAL's recommendation of final payment will constitute an additional representation
by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR'S being entitled to final
payment as set forth in paragraph 14.13 have been fulfilled.
GC -33
Partial Utilization:
14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which (i)
has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and
CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by
OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the
remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the
following:
14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any
such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If
CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the
Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion
for that part of the Work. CONTRACTOR at any time may notify OWNER and PROFESSIONAL in writing that
CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and
request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within a
reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an
inspection of that part of the Work to determine its status of completion. if PROFESSIONAL does not
consider that part of the Work to be substantially complete, PROFESSIONAL will notify OWNER and
CONTRACTOR, in writing, giving the reasons therefore. If PROFESSIONAL considers that part of the Work
to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification
of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and
access thereto.
14.10.2. OWNER may at any time request CONTRACTOR, in writing, to permit OWNER to take over
operation of any such part of the Work although it is not substantially complete. A copy of such request will be
sent to PROFESSIONAL and within a reasonable time thereafter, OWNER, CONTRACTOR and
PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion, and
PROFESSIONAL will prepare a list of the items remaining to be completed or corrected thereon before final
payment. if CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the
Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be
completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written
recommendation as to the division of responsibilities pending final payment between OWNER and
CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and
guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time
when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed
PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work,
OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to
complete other related Work.
14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to
compliance with the requirements of paragraph 5.15 in respect of property insurance.
14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial
Occupancy.
Final inspection:
14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion
thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will
notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or
defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi-
ciencies.
GC -35
'14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and
if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for
Payment and recommendation of PROFESSIONAL and without terminating the Agreement, make payment of
the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held
by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract and
if bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the
balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR
to PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of claims.
CONTRACTOR's Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the
Contract Documents shall be absolute. Neither recommendation of any progress or final payment by
PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to
CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by
OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a
Shop Drawing or sample submission, nor the issuance of a notice of acceptability by PROFESSIONAL
pursuant to paragraph 14.13, nor any correction of defective Work by OWNER will constitute an acceptance of
Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform
the Work in accordance with the Contract Documents (except as provided in paragraph 14.16).
Waiver of Claims:
14.16. 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.
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 any one 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;
GC -37
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 toss of anticipated profits or revenue or other economic loss
arising out of or resulting from such term ination.
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
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.
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.
GC -39
17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all
provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13 -11 -1, et seq. In the event any provision of the
Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract
Documents shall control.
17,7, Notwithstanding any provision of the law to the contrary, the parties agree that no interest
shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and
CONTRACTOR specifcally 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.
Sanitary Sewer Overflow Prevention:
17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction:
17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to
waters of the State is a violation of Georgia Water Quality Regulations and is prohibited.
17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This
plan will include a list of key personnel with 24 -hour contact information who will respond during an emergency
situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any
changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT
REPRESENTATIVE prior to implementation.
17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans
and supporting calculations must be submitted to the Augusta Utilities Department for review prior to
establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if
failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the
State.
17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation
and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to
waters of the State.
17.9.5 In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following
actions:
1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater.
2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT
PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction
conference).
3. Maintain a chronicle of relevant information regarding the incident including specific actions taken
by the CONTRACTOR and estimates of the discharge volume.
17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia
Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if
appropriate.
17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the OWNER, the
CONTRACTOR is not responding to an emergency situation in an appropriate manner, the Utilities
Department will undertake necessary actions to abate an overflow situation. The cost of these actions will be
the responsibility of the CONTRACTOR.
GC-41
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 (UmbreIIa) Each Occurrence $5,000,000
• Workers Compensation Statutory Limits
• Employer Liability $ 1,000,000
SGC -1
SECTION SC
SUPPLEMENTARY CONDITIONS
-01. SCOPE OF THE WORK:
The project referred to in the Agreement shall consist of the following major elements or portion thereof
as outlined in each contract.
AUTOMATION TO THE OPERATION OF THE CANAL HEADGATES
-02. LIST OF DRAWINGS:
The following drawings, prepared by The Augusta Utilities Department comprise the plans for the
project.
DATE
SHEET NO. TITLE ORIGINAL REVISED REVISED
C -1 Cover Sheet
C -2 General Notes and Legend
C -3 Site Plan
-03. BONDS:
The Contractor will include in the lump sum payment for Lump Sum Construction the cost of his
performance and payment bonds.
-04. 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 $ 1000 000
Excess Liability (any auto) Each Occurrence $ 5,000,000
Workers Compensation Statutory Limits
Employer Liability $ 1,000,000
-05. PROJECT SIGN:
The Contractor will provide and install two (2) project signs at prominent locations on the construction
site as directed by the Engineer. The signs will carry in a prominent manner the names of the project, the
Owner, and the names of the Contractor and the Engineer and a 24 -hour phone number for the Contractor
in 4 -inch letters. The sign shall be constructed and erected on wood posts in a substantial manner 8 -feet
above the ground. The full size stencil shall be approved along with colors before fabrication. The
Contractor shall include the cost of the project signs in his Lump Sum Construction bid item.
SC -2
- EXISTING STRUCTURES:
Where sidewalks, street signs, private signs, walls, sidewalks, fences, pipelines, etc. are removed in
accomplishing the work, each and every item will be replaced in the same or better manner or condition
than that in which it was before construction began. The Contractor will protect and hold harmless the
Owner from any suit, action, or dispute whatever arising from the Contractor's work adjacent to private
property.
-012. SALVAGE MATERIAL:
All existing installations to be removed, including but not limited to masonry and concrete rubble,
asphalt, pipe, etc. will be disposed of at an approved location by the Contractor.
-013. REFERENCED SPECIFICATIONS:
Where specifications or standards of trade organizations and other groups are referenced in these
specifications, they are made as much a part of these specifications as if the entire standard or
specification were reprinted herein. The inclusion of the latest edition or revision of the referenced
specification or standard is intended.
-014. TRAFFIC CONTROL:
Traffic control shall conform to the Manual on Uniform Traffic Control Devices (MUTCD) of the Federal
Highway Administration, latest edition. The Contractor shall give prior written notification to and shall
obtain the approval of the Augusta Fire Department, Police Department, Emergency Medical Services,
and the Augusta Traffic Engineering Department of any street closures.
-015. SURVEYS:
The Engineer has established base lines for locating the principal component parts of the work, together
with a suitable number of bench marks adjacent to the work. From the information thus provided, the
Contractor shall develop and make all detail surveys needed for SC -4 construction lines and elevations.
The Contractor shall employ only Registered Land Surveyors or Registered Professional Engineer to
perform all detail surveys. The Contractor will diligently preserve and maintain the position of all stakes,
reference points and bench marks after they are set and, in case of willful or careless destruction, he shall
be charged with the resulting expense and shall be responsible for any mistakes that may be caused by
their unnecessary loss or disturbance.
-016. CONSTRUCTION ORDER AND SCHEDULE:
A. The Contractor shall be responsible for the detailed order, schedule, and methods of construction
activities within the general guidelines specified for maintenance and protection of highway and
pedestrian, traffic; utility lines; drainage ways; adjacent properties; and as otherwise specified.
B. After notice to proceed and prior to the first payment on the contract the Contractor shall submit
the following for review:
(1) Breakdown of contract price into units of cost for each item required to complete the total
work; this breakdown will be the basis for judging the percentage complete at any time.
SC -4
Requirements applicable thereto.
Proposed adjustments in the progress scheduled that will change the contract
times (or milestones) may only be a Change Order.
Use of float suppression techniques such as preferential sequencing or logic,
special lead/lag logic restraints, and extended activity times are prohibited, and
use of float time disclosed or implied by use of alternate float- suppression
techniques shall be shared to proportionate benefits to Owner and Contractor.
Pursuant to above float - sharing requirement, no time extensions will be granted
nor delay damages paid until a delay occurs which (i) impacts project's critical
path, (ii) extends work beyond contract completion date.
-017. CONSULTING ENGINEERS:
The Owner has engaged consulting engineers to assist the Director of Utilities, defined herein as the
Engineer, by preparing plans and specifications for the work and by providing certain services during the
bidding and construction phases of the project. The consulting engineer, are
authorized to represent the Director of Utilities within the limits of the various duties delegated and
assigned to the firm by the Director. Nevertheless the Director of Utilities remains the final authority
hereunder and is the "Engineer" as used throughout the Contract Documents. The Program Manager for
the project is Augusta Utilities Department, 360 Bay Street, Suite 180, Augusta, Georgia 30901. The
Program Manager's representative on the site will serve as the Resident Project Representative (RPR) for
the project.
The presence or duties of Program Manager's personnel at the construction site, whether as onsite
representatives or otherwise, do not make Program Manager or Program Manager's personnel in any way
responsible for those duties that belong to Owner and/or the Contractor or other entities, and do not
relieve the Contractor or any other entity of their obligations, duties, and responsibilities, including, but
not limited to, all construction methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in accordance with the construction
Contract Documents and any health and safety precautions required by such construction work.
Program Manager and Program Manager's personnel have no authority to exercise any control over any
construction contractor or other entity or their employees in connection with their work or any health or
safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or
safety deficiencies of the Contractor(s) or other entity or any other persons at the site except Program
Manager's own personnel.
The presence of Program Manager's personnel at the construction site is for the purpose of providing to
Owner a greater degree of confidence that the completed construction work will conform generally to the
construction documents and that the integrity of the design concept as reflected in the construction
documents has been implemented and preserved by the construction contractor(s). Program Manager
neither guarantees the performance of the construction contractors) nor assumes responsibility for
co ns tru ction contractor's failure to pe rform work in accordance with the co ns tru ction documents
S C -6
-019. SITE ACCESS:
In or to minimi d to exg and landsing, access to the se f th ccto'
p ers o nn el and equipm will be restrict to t he routes des i g nated by the O wner . T he cont ractor wi r be
r equired to use on those ro unless writt a p pr o va l i given by the owner. acce
-02 TR EE SAVE:
Prior to begi g operations, th isting Co ntr ac tor i s to noti the Owner and the or Engin so that
those t rees which are to be sav can be m ar pav in ke d i n the field. Once these tree are marked, the Contra
shal tak eve pr including t ree prot ect ion fen to save cap these trees.
-02 GEOR P ROMP T PAY A
This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia
Prompt Pay Act, O.C.G.A. Section 13 -11 -1, et seq. In the event any provision of this Agreement is
inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement sha11 control.
- 022. CITY ACCEPTANCE:
Notwithstanding any other obligations of the Contractor, he shall complete the work to the full
satisfaction of the Augusta Utilities Department and the Engineer. This provision shall not relieve the
Contractor of his responsibilities for guarantees.
- 023. DISPUTES:
Ali claims, disputes and other matters in question between the Owner and the Contractor arising out of or
relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond
County, Georgia. The Contractor, by executing this Agreement, specifically consents to venue in
Richmond County and waives any right to contest the venue in the Superior Court of Richmond County,
Georgia.
- 024. SPECIFIED MATERIALS:
Attention is drawn to the specification of certain brands or manufacturers of construction materials on the
drawings. Unless the phrase "or equal" appears in the specification thereon, no substitution or deviation
from the product specified will be allowed. Notwithstanding any provision of the general conditions,
there shall be no substitution of materials that are not determined to be equivalent to those indicated or
required in the contract documents without an amendment to the contract.
- 025. INTEREST NOT EARNED ON RETAINAGE:
Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due to
the Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically
waives any claim to same.
SC-8
3. Occupational Safety & Health Act:
The Contractor by signing the contract acknowledges that he is fully aware of the provisions of
the Williams- Steiger Occupational Safety and Health Act of 1970 and he shall comply therewith.
-028. EQUIVALENT MATERIALS:
Notwithstanding any provision of the general conditions, there shall be no substitution of materials
that are not determined to be equivalent to those indicated or required in the contract documents
without an amendment to the contract.
-029. AFTER HOURS INSPECTION:
If the Contractor opts to work before or after normal working hours, 8 a.m. to 5 p.m., Monday through
Friday, or on Augusta, Georgia Legal Holidays, then the Contractor must pay for the cost of inspection by
the City of Augusta, Georgia and follow all necessary procedures listed in "Section 15, Right -of -way
Encroachment Guidelines, Part E, Outside of Normal Working Hours," of the Augusta- Richmond County
Planning Commission Development Documents dated September, 1999, or latest version. If inspectors of
Augusta are needed to work outside normal business hours, Augusta needs to be notified in advance.
SC -10
4
SECTION T17
INSTRUMENTATION AND CONTROL EQUIPMENT
Miscellaneous Requirements: All components furnished shall be the
manufacturer's standard for the service intended unless otherwise indicated in
the specifications or noted on the drawings. All components shall be tagged
with the item number and nomenclature used in the specifications and shown on
the drawings.
SYSTEMS INTEGRATOR:
In order to protect the integrity of and insure compatibility with Water
Treatment Plant equipment, the services of M/R Systems Inc., of Norcross,
Georgia shall be obtained by the Contractor to act as the Instrumentation and
Control System Integrator to perform the work defined herein. No substitutions
will be allowed and products or services from other sources will not be accepted
without the express written consent of the Engineer.
SHOP DRAWINGS AND INSTRUCTION MANUALS:
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 60
days after the award of the Contract, the Contractor shall submit for approval
the following descriptive literature and drawings for all equipment furnished
under this section of the specifications:
Six (6) copies of a complete set of equipment, wiring, and piping
installation drawings showing complete details of the installation and any
necessary changes in arrangement, piping, etc., from that shown on the
plans. Partial submittals or sales bulletins will not be reviewed.
Six (6) copies of equipment specifications, outline dimension drawings,
wiring and /or piping diagrams for each item of equipment being furnished.
Instruction Manuals: Upon completion of the control system, the Contractor
shall supply six (6) copies of operating and maintenance instruction bulletins
with separate parts lists for each item of equipment being furnished. Operating
instructions shall also incorporate a functional description of the entire
system including the system schematics which reflect "As Built" modifications.
Special maintenance requirements peculiar to the system shall be clearly defined
along with special calibration and test procedures.
The Instrument Integrator shall assign instrument numbers to all instruments and
devices. Numbering system shall be consistent with system existing at the site,
and shall be submitted to the engineer for approval.
GATE ACTUATORS:
Modifications to Existing Electric Actuated Gates (Quantity 4):
Purpose: To add 4 - 20 ma position feedback signal to existing
limitorque SMB -3 actuators mounted on sluice gate valves.
Scope of Work: Remove the existing SMB -3 Geared Limit Switch Cartridge (GLS
Cart). Install a SMB -3 GLS Cart with a MDPI takeoff gear
940E -13 717 Inatru entetion.docx T17-2
SECTION T17
INSTRUMENTATION AND CONTROL EQUIPMENT
Level Transducer (Quantity 2):
Level Transducer shall be a submersible hydrostatic level transducer
specifically designed to meet the rigorous environments encountered in liquid
level measurement and control. Unit shall have 316 SS wetted materials. Unit
shall have a static accuracy of ±0.05% full scale and a level range of 2 ft. to
20 ft.
Level transducer shall be KPSI Series 700 or approved equal.
Spread Spectrum Radio (Quantity 1)
General
Spread spectrum radios supplied under this contract must meet FCC and IC rules
for unlicensed radio operation in the 902 -928 MHz band. The radios must meet the
following specific requirements.
All radios must be capable of operating as a stand alone Multiple Address System
(MAS), as a stand alone Point -to -Point link or as a "Tail End" or "Last Mile"
link from an existing Multiple Address (MAS) radio system.
The radio shall use the spread spectrum Frequency Hopping technique for data
communications. Frequency hopping has the advantage of transmitting with a full
one watt of power on a single frequency for maximum range. In addition, robust
interference rejection must be insured by the use of traditional narrow band
filtering techniques to reject noise and interference. Forward error correction
must be used to insure that a 10 -6 Bit Error Rate is achieved at a signal
strength of -110 dBm.
All radios must be manufactured in the United States of America and the radio
manufacturer must be certified as an ISO 9001 approved facility. A certificate
of ISO 9001 registration must be included with the bid documents.
The radio must have FCC and Industry Canada certification under FCC rules Part
15.247 and IC RSS -210. No license will be required to operate radios supplied
under this contract.
The radio must be UL listed for normal operation. As an option, the radio must
be UL / FM recognized for Class I, Division 2, Groups A, B, C, D hazardous
locations when installed in an approved enclosure.
The radios must be capable of transmitting the users data at rates of 1200,
2400, 4800, 9600 or 19200 bits per second. This must be the true data throughput
available to the user and cannot be reduced by radio or packet overhead. The
radio must be capable of accepting data at up to 38,400 bps. The radio must be
capable of operation with RTS /CTS flow control and the data interface shall be
RS -232.
Communications between the central master site and all remote sites must be
direct and 100% transparent communications for all standard asynchronous
protocols. The radio must transmit data in the same format as used by the data
system, seamlessly and without interruptions. Radio overhead or latency must
8E0¢ -13 317 Insuumentation.doex T17-4
SECTION T17
INSTRUMENTATION AND CONTROL EQUIPMENT
Software /Firmware configurable operating parameters must be available to insure
maximum radio system performance and throughput is available for a wide variety
of system conditions and configurations.
As a minimum, the data rate must be adjustable to 1200, 2400, 4800, 9600
and 19200 bps.
It must also be possible to match the hop dwell time (time transmitting on
each frequency) to the users message length in order to optimize data
throughput. To accomplish this, a minimum of four user configurable dwell
time settings are required; for example: 10, 40, 80 and 160 ms.
It must be possible to operate the system in a mode that buffers data or in
a mode that transmits data as it is received by the radio. Buffering is
used to eliminate gaps in messages for protocols, such as Modbus, that
cannot tolerate gaps. Maximum throughput should be possible while operating
in the "buffer off" mode.
All system configuration parameters must be capable of being set by the user via
a hand held terminal or PC connected directly to the radio. It will not be
acceptable to require an external interface box to adapt the hand held terminal
or PC to the radio, nor will it be acceptable to have any internal adjustments
or switch settings of any type.
The radio must be capable of operation on DC voltages from 10 to 26 VDC. An
optional "packaged" system must be available that provides a NEMA 4 enclosure
with power supplies for 48, 120 VDC or 120/240 VAC at 50 or 60 Hz. Battery back-
up with charger must be available for radios with AC power supplies. An internal
polyfuse that automatically resets when a power fault is cleared is required.
The use of replaceable fuses is not acceptable.
The radio must include "Sleep Mode" as a standard feature for sites requiring
low current drain, such as solar powered applications. Sleep mode must reduce
power consumption to 30 ma while allowing the remote site to maintain
synchronization with the master radio. Sleep Mode is turned on and off by
toggling a pin in the RS -232 connector. The radio must become fully operational
no longer than 28 ms after "Wake Up" is initiated.
Radio System Diagnostics
The radio system shall provide integral diagnostic capability to allow the user
to verify communications reliability between the master and remote radios.
Diagnostic data must be continuously acquired by the master radio without
interrupting or slowing the users data communications.
A separate diagnostic port must be available to enable the remote
RTU /PLC /Terminal to access all radio diagnostics directly from the radio and
enable radio diagnostic data to be incorporated into the SCADA system data base.
Radio performance (Zone Quality) statistics must be maintained by the master
radio for each of the 8 frequency zones (128 frequencies per zone). This
information must include a) the total number of data packets transmitted, b) the
total number of packet received and c) the total number of packet with errors.
56OG -13 T17 7xst some nta tion.docx T17-6
SECTION T17
INSTRUMENTATION AND CONTROL EQUIPMENT
Power Output 0.1 to 1.0 watt ( +20 to +30 dBm), user settable
Duty Cycle Continuous
Spurious Emissions 60 dBc
Harmonic Emissions 80 dBc
Reset Timer 13 seconds
Transmitter Keying Data activated
VSWR Unlimited
RECEIVER
Type Double conversion superheterodyne
Bit Error Rate Less than 10 -6 at -110 dBm
Intermodulation 59 dB minimum (EIA)
Desensitization 75 dB
Spurious 70 dB minimum
RSSI Range -50 dBm to -120 dBm
PRIMARY POWER
Voltage 13.8 Vdc nominal (10.5 -25.0 Vdc Operating Range)
TX Supply Current 500 ma @ 13.8 Vdc
RX Supply Current 125 ma @ 13.8 Vdc
Sleep Mode Current 30 ma @ 13.8 Vdc
Power Cable /Connector Power /Interface connector,
six foot (1.8 m) cable assembly
Fuse 1.5 Amp Polyfuse
Reverse Polarity Protection Diode across primary power input
ENVIRONMENTAL
Humidity 95% at 40 ° C (104 ° F); non - condensing
Temperature Range -30 to + 60 ° C ( -22 to 140 ° F)
Size 2.0" x 5.625" x 7.25" (51 x 143 x 184 mm)
Weight 2.2 pounds (1.0 kg)
Case Die -cast aluminum
The radio must be model MDS 9810 manufactured by Microwave Data Systems or
equal.
All responses to this specification must include a line -by -line table of
conformance which clearly identifies all areas of non - conformance as an
Exception to the specification.
Local Control Panel: LCP -1
The Instrumentation and Control System Integrator shall make use of readily
available products with a proven history of reliable service when used in
municipal water and wastewater applications.
Local Control Panel (LCP) shall be comprised of a Modicon M340 Ethernet
programmable logic controller (PLC), Operator Interface Terminal, surge
arrestors, relays, power supplies, terminal strips, solar shields, heater and
thermostat, circuit breakers, utility light, GFI utility outlet, enclosure, and
other appurtenances as required for a fully functioning and fully operational
system.
As a minimum, each LCP shall be capable of supporting the following I/O
complement: 16 Digital (discrete) Inputs, 12 Digital (discrete) Outputs, 6
9606-13 T17 iosttuT.entstfon.doca T17-8
SECTION T17
INSTRUMENTATION AND CONTROL EQUIPMENT
Oversized Control power transformer large enough to serve the breakers being
provided to service lights and receptacle listed below.
One (1) circuit breaker shall be provided for the LCP's internal power
supplies and control power.
One (1) circuit breaker to serve four -150 Watt lights mounted under
electrical shed.
Provide one (1) circuit breaker for convenience outlet.
Provide three (3) circuit breakers for Valve operators.
Provide two (2) spare circuit breakers.
A Square D AC power surge protector shall be installed integral to the LCP to
provide transient and surge protection for incoming AC power. A separate GFI
duplex utility outlet shall be protected by the surge protector and shall be
used only for the UPS system.
LCP enclosures shall be constructed in accordance with the following
requirements:
LCP enclosure shall be a NEMA less Steel, door stop, higed
exterior door, easy open latches 4X (no Stain tools required) and padlock
provisions. Panel shall be provided with a hinged interior panel. All
breakers, lights, pushbuttons, switches, and accessories shall be visible
and operable without opening the hinged interior panel.
Anti - corrosion inhibitor blocks shall be mounted inside each LCP enclosure
to reduce corrosion. Corrosion inhibitors shall be Hoffman Model A-
HCI10E.
Through the hinged interior panel an operator interface terminal shall be
provided with the following readouts:
FUNCTIONAL DESCRIPTIONS:
Flow Control:
The purpose of the gate controls is to control the flow through the gates to
match the desired canal flow. Gates one (1) through four (4) are 9' X 9' gates
that are electric driven gates that will be used to fine tune the flow into the
canal. Gates five (5) through twelve (12) are 9' X 4' gates and gate thirteen
(13) is an 8' X 4' gate. Gates five (5) through thirteen (13) are manually
operated gates that will either be fully open or fully closed. The flow through
the gates will be determined based on the difference in elevation between the
canal and river as determined by level transmitters.
The normal operation will allow the gates one (1) through four (4) to alternate
between the lead, lag 1, lag 2, and lag 3 position every two weeks. The control
sequence will open or close the lead gate to the appropriate height until the
desired flow is reached. When the lead gate is fully open and more flow is
required the lag 1 gate will open until the appropriate volume of water is
9c0e -13 717 Instrtmentetlon T17-10
4
AUGUSTA UTILITIES DEPARTMENT
AUTOMATION TO THE OPERATION OF THE
CANAL HEADGATES
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Lump Sum Construction 1
B1
Torque Specifications
Maximum Torque (Includes a 1.25 S.F.) 3209 ft -lb
Average Running Torque 1114 ft-lb
Calibration and Diagnostics
Calibration and diagnostics of all controls shall be accomplished by either local display module
(LDM) or remote display module (RDM) control knobs; or by PC via RS -485 port. Actuator shall
not require a proprietary trDA device to set -up, view or change parameters of the actuator.
Limit Switches
Limit switches shall be geared to the drive mechanism and in step with actual valve position at
all times. The system shall utilize an Absolute Position Detector (ADP) to continuously monitor
valve position during a power outage if actuator is manually operated. A battery shall not be
required to track valve position during a power outage if the actuator is manually operated.
Designs requiring a battery to power the encoder /valve position circuit during a power outage
are not permitted. Absolute position detectors shall use Hall effect devices. Mechanical reed
switches are not permitted in the position detection system. Switch contacts shall be rated 5
amps at 250 VAC and 5 amps at 30 VDC. A minimum of (4) contacts, configurable as N.O or N.
C., shall be provided for reporting of valve position.
Torque Switches
The actuator shall include an adjustable torque switch to interrupt the motor power circuit when
an obstruction is encountered in either direction of travel or when torque seating of valves is
required for tight shut off. The torque switch shall be calibrated between 15% and 100% in five -
percent increments. The actuator's torque output shall be displayed when the actuator is in
both motor and manual operation to maintain awareness of loads being applied to the valve in
either mode of operation. Mechanical torque springs shall be field replaceable without
dismantling the actuator and shall allow the actuator's torque output range to be field modified
as required. Torque monitoring shall use Hall Effect devices. Designs calculating output torque
based on motor amperage, rotation speed, magnetic flux and ambient temperature are not
permitted. Torque detection printed circuit boards shall be housed in the sealed electronics
compartment. They shall not be mounted within the area connecting the motor to the power
gear train containing high speed rotating components.
4
Analog Control Option
When specified the analog control circuit shall use a solid -state plug -in PC board to accept a 4-
2OmA input control signal from a position controller. The circuit shall provide, as standard, a 4-
20mA output signal for remote position indication. The system shall allow calibration of Zero,
Span, Band, and Delay. Both input and output signals shall be optically isolated. The circuit
shall be configurable for Remain -in -Last Position or Travel to any preset position on loss of
control signal. Feedback of valve position shall be through an Absolute Position Detector using
Hall -effect sensors. Analog control option is specified two 4 -20mA feedback signals shall be
provided: one for position and one for actuator output torque.
Analog Position Control Option
The analog position control service shall provide up to 1200 starts per hour for all 3 phase
motors. Positioning accuracy of up to +1- 1.0 %, for operating times of 15 seconds or greater
shall be provided. A reversing contactor, which is both electrically and mechanically interlocked,
shall be provided.
Analog Modulation or Process Control Service Options
Analog modulation or process control service, shall provide up to 1200 starts per hour for 3-
phase power service and shall use solid -state type reversing devices. Positioning accuracy of
up to +1- 0.5 %, for operating times of 15 seconds or greater shall be provided.
Analog Precision Control Service Option
Control Service shall provide up to 1200 starts per hour for 3 -phase power supply applications.
The control system shall utilize Variable Frequency Controller (VFC) technology for motor
directional control and speed control. Valve position accuracy shall be +/ -0.25% with a
sensitivity of 44-0.1% and repeatability of 0.1% or better. The VFC shall be located in either the
actuator's control compartment or remote mounted up to 500 feet from the actuator in a NEMA
4 enclosure depending on motor size.
Discrete Outputs: The actuator shall have as standard five (5) relay outputs, configurable as
N.O. or N.C., of which four (4) can be configured for any of the following conditions. (The same
condition may be assigned to two or more outputs.)
• Valve opening or closing • Open or close over torque
• Loss of control voltage • Selector switch Local- Stop - Remote
• Monitor relay (actuator not available) • Lost phase (one or more phases lost)
• Local ESD input active • ESD active
• Open or close inhibit input active • Actuator fail alarm (failed self - diagnostics)
• Valve stalled (valve not moving on command) • Valve drift (valve moving without command)
• Loss of analog input
r
Specifications For Optical Encoder for Augusta Utilities
EtherNet/IP Absolute Rotary Shaft Encoder
Shaft Loading:
Solid Shaft:
• 5/8" Shaft
• 100 lbs. radial /50 lbs. axial maximum shaft loading. Bearing life rated at
2x109 revolutions minimum at maximum shaft Toad
Hub Shaft:
• 40 lbs. radial /20 lbs. axial maximum shaft loading.
• Bearing life rated at 2x109 revolutions minimum at maximum shaft load
Package Style:
• 2.5" diameter housing available with flange Mount
Moment of Inertia:
• (3/8" Shaft) 6.00 x 10 -4 oz -in -sec
Housing:
• 304 stainless steel
Shaft sizes:
Solid Shaft Diameter:
• 5/8" diameter stainless steel
Hub Shaft inner Diameter:
• 1/2" standard inner diameter stainless steel
• 3/8 ", 1/2 ", 10mm, and 12mm bore reducers