DESIGN BID BUILD CONSTRUCTION CONTRACT & PROJECT MANUAL BETWEEN ELECTRICAL CONTRACTOR AND OWNER TO BE USED WITH BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA’S DESIGN PROFESSIONAL CONTRACT 75 PIEDMONT (CTB) INSTALL EMERGENCY GENERATOR GSU Project No. 083-093-12MR Bid No. P33294730 October 19, 2012 INCLUDES: EXECUTIVE SUMMARY OF CONTENTS FORM OF CONTRACT BID REQUIREMENTS GENERAL CONDITIONS TABLE OF CONTENTS GENERAL CONDITIONS FORMS SUPPLEMENTAL CONDITIONS SPECIFICATIONS CONTRACT - 1 TO CONTRACT - 3 BID REQUIREMENTS - 1 TO BID REQUIREMENTS - 12 PP I-IV PP 1-74 FORMS 1 TO FORMS 26 SUP 1 TO SUP 8 EXECUTIVE SUMMARY OF CONTENTS TITLE PAGE SUMMARY / SCOPE OF WORK .................................................................................................................................. 1 FORM OF CONTRACT .......................................................................................................... Contract -1 to Contract - 3 BID REQUIREMENTS Invitation to Bid ............................................................................................................. Bid Requirements 1 Instructions to Bidders .............................................................................................. Bid Requirements 2-4 Bid Proposal Form ..................................................................................................... Bid Requirements 6-7 Statement of Bidder’s Qualifications ......................................................................... Bid Requirements 8-9 Bid Security Form ....................................................................................................... Bid Requirements 10 GENERAL CONDITIONS TABLE OF CONTENTS ............................................................................................... I to IV SECTION 1-GENERAL ............................................................................................................................................................. 1 to 25 Part 1 - General Part 2 - Contractor’s General Responsibilities and Duties Part 3 - Owner’s General Responsibilities and Rights. Part 4 - Protection of Persons and Property Part 5 - Bonds, Indemnity, and Insurance Part 6 - Hazardous Conditions and Materials Part 7 - Miscellaneous Provisions. SECTION 2-PRE-COMMENCEMENT PHASE ........................................................................................................................ 26 to 32 Part 1 - Pre-commencement Phase Services Part 2- Construction Documents and Site Plan SECTION 3- CONSTRUCTION PHASE.................................................................................................................................. 33 to 52 Part 1 - Construction Phase Services Part 2 - Changes to the Work Part 3 - Time. Part 4 - Correcting the Work, Inspections, Covering and Uncovering Work Part 5- Subcontractors, Trade Contractors, and Suppliers SECTION 4-COMPENSATION ............................................................................................................................................... 53 to 57 Part 1 - General Part 2 - Payments Withheld Part 3 - Liens SECTION 5- CONTRACT ADJUSTMENTS, DISPUTES, AND TERMIINATION ..................................................................... 58 to 63 Part 1- Owner’s Right to Suspend Work Part 2- Contract Adjustments and Disputes Part 3- Termination SECTION 6- PROJECT COMPLETION .................................................................................................................................. 64 to 74 Part 1 - Material Completion Part 2 - Final Completion Part 3 -Inspections for Completion of the Work Part 4 - Final Documents Part 5 - Payment for Material Completion and Final Payment Part 6 - Correction of the Work after Final Completion SECTION 7- FORMS ................................................................................................................................................................ 1 to 25 Performance Bond Payment Bond Contractor Affidavit and Certificate of Compliance Subcontractor Affidavit and Certificate of Compliance Non-Influence Affidavit Statutory Affidavit DESIGN-BID-BUILD GENERAL CONDITIONS SECTION 7- FORMS CONT. Five Year Bond on Roofs and Walls Specimen Certificate of Manufacturer Certificate of Insurance Bond to Discharge Claim Change Order Form Application for Payment Form Subcontractor Retainage Release Certificate Final Certification of Costs SUPPLEMENTARY GENERAL CONDITIONS ........................................................................................................... SUP 1 to SUP 8 Technical Specifications and Drawings DIVISION 14 142100 CONVEYING SYSTEMS TRACTION ELEVATORS DIVISION 21 213900 FIRE SUPPRESSION CONTROLLERS FOR FIRE-PUMP DRIVERS DIVISION 26 260010 260501 260519 260526 260529 260533 260544 260553 260573 262200 262416 262726 262813 262816 263213 263600 264313 269095 ELECTRICAL BASIC ELECTRICAL REQUIREMENTS CUTTING AND PATCHING LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS SLEEVES AND SLEEVE SEALS FOR ELECTRICAL RACEWAYS AND CABLING IDENTIFICATION FOR ELECTRICAL SYSTEMS OVERCURRENT PROTECTIVE DEVICE COORDINATION LOW-VOLTAGE TRANSFORMERS PANELBOARDS WIRING DEVICES FUSES ENCLOSED SWITCHES AND CIRCUIT BREAKERS ENGINE GENERATORS TRANSFER SWITCHES SURGE PROTCETION FOR LOW-VOLTAGE ELECTRICAL POWER CIRCUITS ELECTRICAL ACCEPTANCE TESTING DIVISION 32 323100 EXTERIOR IMPROVEMENTS FENCING APPENDIX GEORGIA ENVIRONMENTAL FINANCE AUTHORITY (GEFA) DESIGN GUIDELINES FOR GENERATOR FUEL STORAGE SYSTEMS issued January 1, 2012 SHEET NUMBER G1.0 S1.1 S2.1 E0.1 E1.0 E2.1 EP.0 EP.1 EP.2 E3.B E3.1 E3.2 E3.3 E3.4 E3.5 E3.6 E3.7 E3.8 DESCRIPTION COVER SHEET ABBREVIATIONS AND GENERAL NOTES STRCTURAL DETAILS-GENERATOR PAD AND ENCLOSURE ELECTRICAL LEGEND, GENERAL NOTES AND ABBREVIATIONS ELECTRICAL SITE PLAN ELECTRICAL DETAILS- GENERATOR PAD AND ENCLOSURE BASEMENT LEVEL PARKING DECK PLAN – LIGHTING GROUND LEVEL P1 PARKING DECK PLAN - LIGHTING GROUND LEVEL P2 PARKING DECK PLAN - LIGHTING BASEMENT FLOOR PLAN – LIGHTING, PART PLANS FIRST FLOOR PLAN – LIGHTING SECOND FLOOR PLAN – LIGHTING THIRD FLOOR PLAN – LIGHTING FOURTH FLOOR PLAN – LIGHTING FIFTH FLOOR PLAN – LIGHTING SIXTH FLOOR PLAN – LIGHTING SEVENTH FLOOR PLAN – LIGHTING EIGHTH FLOOR PLAN – LIGHTING DESIGN-BID-BUILD GENERAL CONDITIONS SHEET NUMBER DESCRIPTION E3.9 E3.10 E3.11 E3.12 E3.13 E5.1 E5.2 E5.3 E6.1 E6.2 E6.3 E6.4 E6.5 NINTH FLOOR PLAN – LIGHTING TENTH FLOOR PLAN - LIGHTING. ELEVENTH FLOOR PLAN – LIGHTING TWELFTH FLOOR PLAN – LIGHTING PENTHOUSE FLOOR PLAN – LIGHTING. ELECTRICAL ONE LINE DIAGRAM – PARTIAL ELECTRICAL RISER DIAGRAM ELECTRICAL RISER DIAGRAM – IS&T ELECTRICAL PANELBOARD SCHEDULES ELECTRICAL PANELBOARD SCHEDULES ELECTRICAL PANELBOARD SCHEDULES ELECTRICAL PANELBOARD SCHEDULES ELECTRICAL PANELBOARD SCHEDULES DESIGN-BID-BUILD GENERAL CONDITIONS Scope of Work This project will install a new emergency generator sized to support all building emergency lighting, elevators, parking deck (emergency) lighting, building fire pumps, emergency notification systems in the event of a power outage, and any other power needs deemed appropriate to the building’s use. Regarding the integration of the electric traction elevators into the emergency power system, the existing controllers are TAC 50 type as manufactured by ThyssenKrupp. The elevators are currently maintained by Premier Elevator Company. Sequencing of the elevators to operate in emergency power mode includes the installation of Emergency Power Selector Panels. DESIGN-BID-BUILD GENERAL CONDITIONS SAMPLE CONSTRUCTION CONTRACT BETWEEN CONTRACTOR AND OWNER THIS CONSTRUCTION CONTRACT (“Contract”) made this INSERT DATE day of INSERT MONTH , 20__ (the “Effective Date”), by and between INSERT CONTRACTOR NAME , (hereinafter the “Contractor”), whose address is Insert Contractor Address , (Contractor’s Address) and the BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA BY AND ON BEHALF OF GEORGIA STATE UNIVERSITY (hereinafter the “Owner” or “Using Agency” or “Institution). Contractor’s FEIN or Tax Identification Number: (a) (b) Contractor’s Georgia License Type and Number: (c) Contractor’s Federal Employment Verification Certification: The Contractor is registered with, authorized to use, is using and will continue to use, the federal work authorization program throughout the term of the contract, and holds the following authorization: User Identification Number: Date of Authorization: WITNESSETH, that the Contractor and the Owner, for the consideration set forth herein, the adequacy and sufficiency of which is hereby acknowledged by each party, agree as follows: Project No. 083-093-12MR Project Name and Description: 75 PIEDMONT (CTB) INSTALL EMERGENCY GENERATOR (hereinafter the “Project.”) 1. Existing Documents. preparing his bid. The Contractor has reviewed and taken into consideration the Bidding Documents in 2. The Contract Sum: The Owner shall pay the Contractor for the performance of the contract, subject to additions and deductions provided by approved change orders, in current funds, the Contract Sum as follows: INSERT CONTRACT SUM Dollars ($ ) 3. The Material Completion and Occupancy Date shall be achieved within calendar days beginning the date specified in the Proceed Order. 4. The agreed daily amount for Liquidated Damages is: Insert Number of Days consecutive $ 0.00 per day. 5. The agreed daily amount for Time Dependent Overhead Costs is: at contract preparation.) $ per day. To be determined 6. Notice. All notices in accordance with Section 1.1.5 shall be given to the following addresses: CONTRACTOR: Contractor Name Physical Address, NO P.O. Boxes City, State Zip Attention: Contractor POC for Project Phone Number: Contractor Phone Facsimile Number: Contractor Fax Email: Contractor CONTRACT DBB FORM OF CONTRACT VERSION 07/01/2010 Email address 1 GSU PROJECT NO. 083-093-12MR DATE OF CONTRACT OWNER: Board of Regents of the University System of Georgia by and on Behalf of Georgia State University OWNER’S REPRESENTATIVE: Georgia State University Facilities Management – Design and Construction Services 34 Broad Street, Suite 1200 Atlanta, Georgia 30334 Attention: Mr. Ramesh Vakamudi Phone Number: 404-413-0800 DESIGN PROFESSIONAL: Concord Project Consulting, Inc. 3300 Highlands Parkway, Suite 175 Smyrna, Georgia 30082 Attention: Dennis G. Carter Phone Number: 770-431-1826 ext. 302 Facsimile Number: 770-431-4682 7. Scope Of The Work: The Contractor shall furnish all the materials, perform all of the Work, and do all things required by the Contract Documents. 8. Schedule and Completion: The Pre-commencement Phase Services to be performed under this Contract shall commence upon the Effective Date of the Contract and be completed within 60 days thereafter. Activities on the Site shall commence on the date specified in the Proceed Order and shall be materially complete in accordance with established Milestones, and not later than the Material Completion and Occupancy Date. 9. Periodic Progress Payments: The Owner shall make progress payments, less retainage, as set forth in Section 4 of the General Conditions. 10. Payment for Material Completion: The Contractor may request payment of the remaining contract balance, including retainage, less amounts credited the Owner or incurred as liquidated damages, and less amounts withheld for the Punchlist by reason of Minor Items or Permitted Incomplete Work (See Paragraph 6.5.3.2). Payment for Material Completion shall be made by a check payable jointly to the Contractor and Surety and shall be mailed to the Surety. 11. Final Payment: Final Payment shall be made within ten days of receipt of the final payment application as set forth in Section 6, Part 2 of the General Conditions, provided that all other requirements of the Contract shall have been met in full. 12. The Contract Documents: This Contract, together with the Bidding Documents and the Bid, shall constitute the Contract Documents for the Project. 13. Bonds: The Contractor shall furnish both a performance bond and a payment bond and shall pay the premiums thereon as a Cost of the Work. The Performance Bond shall guarantee the full performance of the Contract. 14. Full Performance: The Owner and the Contractor hereby agree to the full performance of the Contract Documents. 15. Applicable Law: This Contract and all rights, privileges and responsibilities shall be interpreted and construed according to the laws of the State of Georgia. 16. No Conflict Of Interest: The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance required under this Contract. The Contractor further covenants that, in the performance of this Contract, it shall neither contract with nor employ any person having any such interest. 17. Transactions With State Officials, Ethics: The parties hereto certify that the provisions of law contained in the Act prohibiting full-time appointive officials and employees of the State from engaging in certain transactions affecting the State as defined in O.C.G.A. §§45-10-20–26 and the Governor’s Executive Orders governing ethics, have not and will not be violated in any respect in regard to this contract and further certifies that registration and all disclosures required thereby have been complied with. CONTRACT DBB FORM OF CONTRACT VERSION 07/01/2010 2 GSU PROJECT NO. 083-093-12MR DATE OF CONTRACT 18. No Assignment: This Contract and the proceeds of this Contract may not be assigned or sublet as a whole, nor may the performance thereunder be assigned, without the prior written consent of the Owner. 19. No Waiver: The failure of the Owner at any time to require performance by the Contractor of any provision hereof, shall in no way affect the right of the Owner thereafter to enforce any provision or any part of the Contract, nor shall the failure of the Owner to enforce any breach of any provision hereof to be taken or held to be a waiver of such provision, or as a waiver, modification or rescission of the Contract itself. 20. Full Agreement. The Contract Documents supersede all prior negotiations, discussion, statements, and agreements between Owner and Contractor and constitute the full, complete, and entire agreement between Owner and Contractor. There can be no changes to this Contract by oral means, nor by course of conduct of the parties, nor by custom of the trade. No changes to this Contract will be binding on either party hereto unless such change is properly authorized, in writing, in accordance with Section 3, Part 2 of the General Conditions. IN WITNESS WHEREOF the parties hereto have executed this Contract the day and year first written above. INSERT CONTRACTOR NAME (Contractor) ATTEST: _ (L.S.) By: ______________________________ (L.S.) ________________________________, Secretary (Print Name) (SEAL Over Signature) , President (Print Name) OWNER: BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA by and on behalf of GEORGIA STATE UNIVERSITY BY: (L.S.) JERRY J. RACKLIFFE, SENIOR VICE PRESIDENT WITNESS: CONTRACT DBB FORM OF CONTRACT VERSION 07/01/2010 3 GSU PROJECT NO. 083-093-12MR DATE OF CONTRACT BID REQUIREMENTS INVITATION TO BID BID REQUIREMENTS INVITATION TO BID The Owner will receive sealed bids from Contractors in Room 901, Purchasing Department, 1 Park Place South, Atlanta, Georgia. Bids must be physically on the table in the Bid Room by 2:00 p.m. at the time legally prevailing in Atlanta, Georgia on November 28, 2012 for the construction of Project # 083-093-12MR, 75 PIEDMONT (CTB) INSTALL EMERGENCY GENERATOR, Georgia State University, Atlanta, Georgia. At the time and place noted above, the bids will be publicly opened and announced. Bidding Documents are posted on the web site of the Georgia Procurement Registry, at the following URL: http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp. Acquisition of Bidding Documents from unauthorized sources places the bidder at risk of receiving incomplete or inaccurate information upon which to base a bid. There will be a MANDATORY Pre-Bid & Site Tour held on November 6, 2012 at 10:00 a.m. at the Citizens Trust Bank building located at 75 Piedmont Avenue, 11th Floor, Room 1130, Atlanta, GA 30303. Any firm that plans to bid on this project must attend both the pre-bid and site tour. Those attending will be required to sign in prior to the start of the pre-bid conference and sign out at the conclusion of the site visit. While the pre-bid and site tour are mandatory for those bidding, others may attend if they so desire. Contract, if awarded, will be on a lump sum basis. No bid may be withdrawn for a period of thirty-five days after time has been called on the date of opening except in accordance with the provisions of Georgia law. Bids must be accompanied by a Bid Bond made payable to the Owner in an amount equal to not less than five percent of the Bid. Both a performance bond and a payment bond will be required, each in an amount equal to 100 percent of the Contract Sum prior to execution of contract. The Owner reserves the right in its sole and complete discretion to waive technicalities and informalities. The Owner further reserves the rights in its sole and complete discretion to reject all bids and any bid that is not responsive or that is over the budget. The Owner anticipates that the contract will be awarded to the responsive and responsible bidder who provides the lowest bid within the budget. In judging whether the bidder is responsible, the Owner will consider, but is not limited to, the following: Whether the bidder or its principals are currently ineligible, debarred, suspended, or otherwise excluded from bidding or contracting by any state or federal agency, department, or authority; Whether the bidder or its principals have been terminated for cause or are currently in default on a public works contract; Whether the bidder can demonstrate sufficient cash flow to undertake the project as evidenced by a Current Ratio of 1.0 or higher; Whether the bidder can demonstrate a commitment to safety with regard to Workers' Compensation by having an Experience Modification Rate (EMR) over the past three years not having exceeded an average of 1.2; and Whether the bidder’s past work provides evidence of an ability to successfully complete public works projects within the established time, quality, or cost, or to comply with the bidder’s contract obligations. In the event all responsive and responsible bids are in excess of the budget, the Owner, in its sole and absolute discretion and in addition to rejecting all bids, reserves the right either to supplement the budget or to negotiate with the lowest responsive and responsible bidder (after all deductive alternates are taken) but only for the purpose of making changes to the project that will result in a cost to the Owner that is within the budget, as it may be supplemented. GEORGIA STATE UNIVERSITY PURCHASING DEPARTMENT BY: Rodney O. Holden, Procurement Specialist II, Purchasing Department BID REQUIREMENTS–1 DBB CONSTRUCTION CONTRACT BID REQUIREMENTS VERSION 07/01/2010 INSTRUCTIONS TO BIDDERS BID REQUIREMENTS INSTRUCTIONS TO BIDDERS 1. Basis of Contract. Contract, if awarded, will be on a lump sum basis and will be substantially in accordance with the Contract shown on pages Contract – 1 to Contract – 4. 2. Examination of Site. In undertaking the work under this Contract, the Contractor acknowledges that he has visited the Project Site and has taken into consideration all observed conditions that might affect his work. 3. Surety and Insurance Companies. The Contract provides that the surety and insurance companies must be acceptable to the Owner. Only those sureties listed in the Department of Treasury’s Listing of Approved Sureties (Department Circular 570) are acceptable to the Owner. At the time of issuance, all insurance and bonds must be issued by a company licensed by the Georgia Insurance Commissioner to transact the business of insurance in the State of Georgia for the applicable line of insurance. Such company shall be an insurer (or, for qualified self insurers or group self insureds, a specific excess insurer providing statutory limits) with an A.M. Best Financial Strength Rating of "A-" or better and with an A.M. Best Financial Size Category of Class V or larger. 4. Bidding Documents. The Bidding Documents comprise the Construction Documents, the Invitation to Bid, the Instructions to Bidders, the Bid Form, and all Addenda, upon which the bidder submits a bid. 5. Addenda. All Addenda issued prior to bid date adjust, modify, or change the drawings and specifications as set forth in the Addenda. No Addenda will be issued within five days of the date set for opening bids without an extension of the bid date. All such Addenda are part of the contract. 6. Interpretations. No oral interpretation will be made to bidders as to the meaning of the drawings and specifications. Requests for interpretation of drawings and specifications must be made in writing to the Design Professional not later than six days prior to the date set for receipt of the bids. Failure on the part of the successful bidder to request clarification shall not relieve him as Contractor of the obligation to execute such work in accordance with a later interpretation by the Design Professional. All interpretations made to bidders will be issued in the form of Addenda to the plans and specifications and will be sent to all plan holders of record. Acknowledgement of receipt of such Addenda shall be listed in the Bid Form by the Contractor. 7. Alternates. Unless otherwise stipulated, all alternate bids are deductive. It is in the best interest of the public, and the intent of the Owner is, that the entire Project be constructed within the funds allocated in the Project budget. The acceptance of any deductive alternate will be utilized as a last resort to accomplish the Project without requiring a redesign and rebidding of the Project. Any alternate, or alternates, if taken, will be taken in numerical sequence to the extent necessary. 8. Sales Tax. Unless otherwise provided for in the Contract Documents, the Contractor shall include in his bid all sales taxes, consumer taxes, use taxes, and all other applicable taxes that are legally in effect at the time bids are received. 9. Trade Names, Specifications. (a) No Restriction of Competition. When reference is made in the Contract Documents to trade names, brand names, or to the names of manufacturers, such references are made solely to indicate that products of that description may be furnished and are not intended to restrict competitive bidding. If it is desired to use products of trade or brand names or of manufacturers’ names that are different from those mentioned in the Bidding Documents, application for the approval of the use of such products must reach the hands of the Design Professional at least ten days prior to the date set for the opening of bids (see 9(b) below). This provision applies only to the party making a submittal prior to bid. If approved by Design Professional, the Design Professional will issue an addendum to all bidders. This provision does not prevent the Owner from initiating the addition of trade names, brand names, or names of manufacturers by addendum prior to bid. (b) Request for Approval of Substitute Product. All requests for approval of substitution of a product that is not listed in the Bidding Documents must be made to the Design Professional in writing. For the Design Professional to prepare an addendum properly, an application for approval of a substitute product must be accompanied by a copy of the published recommendations of the manufacturer for the installation of the product together with a complete schedule of changes in the drawings and specifications, if any, that must be made in other work in order to permit the use and installation of the proposed product in accordance with the recommendations of the manufacturer of the product. The application to the Design Professional for approval of a proposed substitute product must be BID REQUIREMENTS–2 DBB CONSTRUCTION CONTRACT BID REQUIREMENTS VERSION 07/01/2010 INSTRUCTIONS TO BIDDERS accompanied by a schedule setting forth in which respects the materials or equipment submitted for consideration differ from the materials or equipment designated in the Bidding Documents. (c) Burden of Proof. The burden of proving acceptability of a proposed product rests on the party making the submission. Therefore, the application for approval must be accompanied by technical data that the party requesting approval desires to submit in support of its application. The Design Professional will consider reports from reputable independent testing laboratories, verified experience records showing the reputation of the proposed product with previous users, evidence of reputation of the manufacturer for prompt delivery, evidence of reputation of the manufacturer for efficiency in servicing its products, or any other written information that is helpful in the circumstances. The degree of proof required for approval of a proposed product as acceptable for use in place of a named product or named products is that amount of proof necessary to convince a reasonable person beyond all doubt. To be approved, a proposed product must also meet or exceed all express requirements of the Contract Documents. (d) Issuance of Addenda. If the Design Professional approves the submittal, an addendum will be issued to all prospective bidders indicating the approval of the additional product(s). Issuance of an addendum is a representation to all bidders that the Design Professional in the exercise of his professional discretion established that the product submitted for approval is acceptable and meets or exceeds all express requirements. If a submittal is initially rejected by the Design Professional, but determined to be acceptable to Design Professional after a conference with the Owner, an addendum covering the said submittal will be issued prior to the opening of bids. The successful bidder may furnish no products of any trade names, brand names, or manufacturers' names except those designated in the Contract Documents unless approvals have been published by addendum in accordance with the above procedure. Oral approvals of products are not valid. (e) Conference with the Owner. Any party who alleges that rejection of a submittal is the result of bias, prejudice, caprice, or error on the part of the Design Professional may request a conference with a representative of the Owner, provided: that the request for said conference, submitted in writing, shall have reached the Owner at least six days prior to the date set for the opening of bids, time being of the essence. 10. Employment of Georgia Citizens and Use of Georgia Products. The work provided for in this Contract is to be performed in Georgia. It is the desire of the Owner that materials and equipment manufactured or produced in Georgia shall be used in the work and that Georgia citizens shall be employed in the work at wages consistent with those being paid in the general area in which the work is to be performed. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work; nor shall the fulfillment of this desire be asserted by the Contractor as an excuse for any noncompliance or omission to fulfill any obligation under the contract. 11. Trading with the State Statutes, Ethics. By submitting a bid, the bidder certifies that the provisions of law contained in O.C.G.A. Sections 45-10-20 to 45-10-71, which prohibit officials and employees of the state from engaging in certain transactions with the state and state agencies, and the Governor’s Executive Orders governing ethics, have not and will not be violated in any respect in regard to this contract and further certifies that registration and all disclosures required thereby have been complied with. 12. Georgia Security and Immigration Compliance Act Requirements. No bid will be considered unless the Contractor certifies its compliance with the Immigration reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security Immigration Compliance Act OCGA 13-10-90 et seq. Contractor shall certify that Contractor has registered at https://e-verify.uscis.gov/enroll/ o verify information of all newly hired employess in order to comply with the Immigration reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security Immigration Compliance Act. The Contractor shall execute the Georgia Security and Immigration Compliance Act Affidavit, as found in Section 7 of the Construction Contract. Contractor also agrees that it will execute any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-01 et seq. If the Contractor is the successful bidder, contractor warrants that it will include a similar provision in all written agreements with any subcontractors engaged to perform services under the Contract. 13. Owner’s Policy Statement. The policy of the Owner is that minority business enterprises shall have the maximum opportunity to participate in the Owner’s purchasing process. The Owner encourages all minority business enterprises to compete for, win, and receive contracts for goods, services, and construction. In addition, Georgia law provides a state income tax credit available to any business that subcontracts with a minority-owned business. [See O.C.G.A. §48-7-38 and O.C.G.A. §50-5-130. See also Executive Order of the Governor No. A-11-0002-1992.] For more information, please contact the Board of Regents’ Office of Business Development by e-mail at BusinessDevelopment@usg.edu. Any questions regarding statements contained hereunder should be directed to {Name, Address, and Telephone Number of Designee, as described in the box below}. BID REQUIREMENTS–3 DBB CONSTRUCTION CONTRACT BID REQUIREMENTS VERSION 07/01/2010 INSTRUCTIONS TO BIDDERS 14. Bids. (a) Bid Opening. Bids will be opened and announced as stated in the Invitation to Bid. (b) Bid Submission. All bids must be submitted on the Bid Form as attached hereto and must be signed, notarized, and sealed by a notary public. All blanks for information entry in bid forms submitted to Owner should be filled. Blanks left unfilled constitute irregularities in the bid and place the bidder at risk of having the bid rejected unless the Owner rules the irregularity to be an informality or technicality that the director can waive, as is made clear in Paragraph 16 of these “Instructions to Bidders” and on the Bid Form. Numbers shall be written in English words and in Arabic numerals. The inclusion of any condition, alternate, qualification, limitation, or provision not called for shall render the bid nonresponsive and shall be sufficient cause for rejection of a bid. (c) Bid Security. Bids must be accompanied by a Bid Bond made payable to the Owner in an amount not less than five percent of the Bid. Bid Bonds should be furnished on forms accepted as standard by the insurance industry, but shall be substantially in accordance with the Bid Security Form attached hereto. (d) Delivery of Bids. Bids are to be addressed to the Owner, at the address and room number shown in the Invitation to Bid. Bids must be enclosed in an opaque, sealed envelope; marked with the Bid Date, Bid Time, Bid Number, Name of Project; and identified with the words "Bid for Construction.” Bids must be placed in the hands of the Owner at the specified location by not later than the hour and date named in the Invitation to Bid. After that time, no bids may be received. It is the sole responsibility of the bidder to ensure the delivery of the bids to the required address. (e) Alternates. A bid must be submitted for all alternates. Failure to so may render the bid nonresponsive and be sufficient cause for rejection of a bid. (f) Withdrawal of Bids. Bids may be withdrawn by bidders prior to the time set for official opening. After time has been called, no bid may be withdrawn for a period of thirty-five days after the time and date of opening except as provided in O.C.G.A Section 13-10-22 (appreciable error in calculation of bid). Negligence or error on the part of any bidder in preparing his bid confers no right of withdrawal or modification of his bid after time has been called except as provided by Georgia law. 15. Contract Award. Award shall be made on a lump sum basis to the lowest responsive and responsible bidder. The lowest bid will be the bid whose price, after incorporating all accepted alternates, is the lowest responsive bid that was received from a responsible bidder. No bid may be withdrawn for a period of thirty-five days after time has been called on the date of opening except in accordance with the provisions of law. 16. Owner’s Rights Concerning Award. The Owner reserves the right in its sole and complete discretion to waive technicalities and informalities. The Owner further reserves the right in its sole and complete discretion to reject all bids and any bid that is not responsive or that is over the budget, as amended. In judging whether the bidder is responsible, the Owner will consider, but is not limited to consideration of, the following: (a) Whether the bidder or its principals are currently ineligible, debarred, suspended, or otherwise excluded from bidding or contracting by any state or federal agency, department, or authority; (b) Whether the bidder or its principals have been terminated for cause or are currently in default on a public works contract; (c) Whether the bidder can demonstrate sufficient cash flow to undertake the project as evidenced by a Current Ratio of 1.0 or higher; (d) Whether the bidder can demonstrate a commitment to safety with regard to Workers' Compensation by having an Experience Modification Rate (EMR) over the past three years not having exceeded an average of 1.2; (d) Whether the bidder’s past work provides evidence of an ability to successfully complete public works projects within the established time, quality, or cost, or to comply with the bidder’s contract obligations; and (e) Whether the bidder has been in business under current company name for not less than five (5) years. BID REQUIREMENTS–4 DBB CONSTRUCTION CONTRACT BID REQUIREMENTS VERSION 07/01/2010 INSTRUCTIONS TO BIDDERS 17. Owner’s Right to Negotiate with the Lowest Bidder. In the event all responsive and responsible bids are in excess of the budget, the Owner, in its sole and absolute discretion and in addition to the rights set forth above, reserves the right either to (i) supplement the budget with additional funds to permit award to the lowest responsive and responsible bid, or (ii) to negotiate with the lowest responsive and responsible bidder (after taking all deductive alternates) only for the purpose of making changes to the Project that will result in a cost to the Owner that is within the budget, as it may be amended. 18. Contract Forms. The contract forms, including the payment and performance bonds, shall be as set forth in the General Conditions, Section 7 – Forms. [Remainder of Page Intentionally Left Blank] ] BID REQUIREMENTS–5 DBB CONSTRUCTION CONTRACT BID REQUIREMENTS VERSION 07/01/2010 BID FORM Organization and Classification of Contract Documents BID REQUIREMENTS–6 DBB CONSTRUCTION CONTRACT BID REQUIREMENTS VERSION 07/01/2010 BID FORM BID REQUIREMENTS BID PROPOSAL FORM To: The Board of Regents of the University System of Georgia by and on behalf of Georgia State University, Owner Re: Project Number and Name: #083-093-12MR, 75 PIEDMONT (CTB) INSTALL EMERGENCY GENERATOR Bid Date: DECEMBER 3, 2012 THE BID: Bid. Having carefully examined the Specifications entitled PROJECT NO. {DESIGN PROFESSIONAL insert Project name and number}, and the Bidding Documents and Addendum No.(s) _______________, as well as the Site and conditions affecting the Work, bidder hereby proposes to furnish all services, labor, materials, and equipment called for by them for the entire Work, in accordance with the aforesaid documents, for the sum of: ______________________________________________________________ Dollars ($ ___________________________) which sum is hereinafter called the Bid. The Bid shall be the amount of the Contract Sum executed between the Owner and the Contractor unless Alternates are accepted. Alternates. We further propose that, should any of the following alternates be accepted and be incorporated in the Contract, the Bid will be altered in each case as follows: Alternate No. 1 – Omit the Level 2 sound attenuation type housing specified for the exterior generator set (73 dBA at 23 feet [7 m]) and substitute a weatherproof protective enclosure that affords a sound level measured at a distance of 23 feet (7 m) from exhaust discharge of 90 dBA or less. Refer to Section 263213 Paragraphs 2.3 J. and 2.8.B. Deduct the sum of _________________________ Dollars ($ ______________ ) Alternate No. 2 – Allow the use of EMT raceway for the routing of the 600-amp generator feeder in the covered Parking Area in lieu of the specified Rigid Galvanized Steel. Refer to Specification 260533 Paragraph 3.1.B.3.a. Deduct the sum of _________________________ Dollars ($ ______________ ) Alternate No. 3 – In lieu of replacing existing elevator distribution Panel DC with Panel HDEMPH, retain panel and support with new emergency feeder as specified. Install circuit breaker in Panel DC for support of existing Panel A. Deduct the sum of _________________________ Dollars ($ ______________ ) Alternate No. 4 – Omit new emergency lighting branch circuiting for Parking Areas as shown on Sheets EP.0, EP.1 and EP.2. Emergency lighting will be accomplished through the installation of emergency lighting units installed as part of a separate project. Deduct the sum of _________________________ Dollars ($ ______________ ) Alternate No. 5 – Omit new emergency lighting branch circuiting for the Penthouse Level as shown on Sheet E3.13. with the exception that the elevator machine room lighting circuiting shall remain in the base bid. All panelboard/feeder work and 120-volt connection of alarm panels shall remain in the base bid. Deduct the sum of _________________________ Dollars ($ ______________ ) BID REQUIREMENTS–7 DBB CONSTRUCTION CONTRACT BID REQUIREMENTS VERSION 07/01/2010 BID FORM Alternate No. 6 – Omit new emergency lighting branch circuiting for the First Floor as shown on Sheet E3.1. with the exception that the electrical room lighting circuiting shall remain in the base bid. All panelboard/feeder work and 120volt connection of alarm panels shall remain in the base bid. Deduct the sum of _________________________ Dollars ($ ______________ ) Alternate No. 7 – Omit new emergency lighting branch circuiting for the Second Floor as shown on Sheet E3.2. with the exception that the electrical room lighting circuiting shall remain in the base bid. All panelboard/feeder work and 120-volt connection of alarm panels shall remain in the base bid. Deduct the sum of _________________________ Dollars ($ ______________ ) Alternate No. 8 – Omit new emergency lighting branch circuiting for the Third – Twelfth Floor tenant spaces as shown on Sheets E3.3 through E3.12. with the exception that the electrical room lighting circuiting shall remain in the base bid. Tenant spaces are defined as areas other than the main corridors, elevator lobby or stairwells. All temporary power provisions, panelboard/feeder work and 120-volt connection of alarm panels shall remain in the base bid. Deduct the sum of _________________________ Dollars ($ ______________ ) Alternate No. 9– Omit the new fence, supports and associated fence grounding at the exterior generator set as shown on Sheet E2.1 Deduct the sum of _________________________ Dollars ($ ______________ ) Errors or Revisions. Prior to the bid opening date and hour, errors may be stricken or revisions may be made and corrections entered on this proposal form. All such annotations shall be binding on the bidder. NO REVISIONS SHALL BE PERMITTED ON THE BID ENVELOPE. No Withdrawal. For and in consideration of the sum of $10.00, the receipt of which is hereby acknowledged, bidder and Owner agree that this bid may not be revoked or withdrawn after the time set for the opening of bids, except as provided in Georgia law, but is an irrevocable offer that shall remain open for acceptance for a period of thirty-five days following the time set for the opening of bids. Execution of the Contract. If bidder is notified in writing by statutory mail of the acceptance of this bid within thirty-five days after time set for the opening of bids, bidder agrees to execute within ten days the Contract for the Work for the above stated Bid, as adjusted by the accepted Alternates, and at the same time to furnish and deliver to the Owner a Performance Bond and a Payment Bond on forms shown in Section 7 of the General Conditions of the Contract, both in an amount of equal to 100 percent of the Contract Sum. Commencement and Completion of Work. Upon the Effective Date of the Contract, bidder agrees to commence all Preconstruction Activities. Upon issuance of a Proceed Order, bidder agrees to commence physical activities on the Site with adequate forces and equipment and to provide Material Completion all work no later than 165 days after the Notice to Proceed order is issued. Bid Bond. Enclosed herewith is a Bid Bond (NO OTHER FORM ACCEPTABLE) in the amount of _________________________________________ Dollars ($ _____________________ ) (being not less than five percent of the Bid). Bidder agrees that the above stated amount is the proper measure of liquidated damages that the Owner will sustain by bidder’s failure to execute the Contract or to furnish the Performance and Payment Bonds should bidder’s bid be accepted. Obligation of Bid Bond. If this bid is accepted within thirty-five days after the date set for the opening of bids and bidder fails to execute the Contract within ten days after Notice of Successful Bid, or if bidder fails to furnish both Performance and Payment Bonds, the obligation of the Bid Bond will remain in full force and effect and the money payable thereon shall be paid into the funds of the Owner as liquidated damages for such failure; otherwise, the obligations of the Bid Bond will be null and void. BID REQUIREMENTS–8 DBB CONSTRUCTION CONTRACT BID REQUIREMENTS VERSION 07/01/2010 BID FORM Bidder Certification Certification under Oath. Under oath I certify that I am a principal or other representative of the bidder, and that I am authorized by it to execute the foregoing bid on its behalf; and further, that I am a principal person of the bidder with management responsibility for the construction for the bidder, and as such I am personally knowledgeable of all its pertinent matters. I further certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same services, materials, labor, supplies, or equipment and is in all respects fair and without collusion or fraud. Bidder and its principals understand that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. Bidder agrees to abide by all conditions of this bid. BY: __________________________________________ Authorized Signature (BLUE INK PLEASE) ___________________________________________ Printed Name Title Sworn to and subscribed before me this Day of , 20 . ________________________________________ Notary Public My commission expires: ______________ (SEAL) NOTE: THE NOTARY SEAL MUST BE APPLIED UNDER GEORGIA LAW, WHETHER OR NOT THE LAW OF THE STATE WHERE EXECUTED PERMITS OTHERWISE. BID REQUIREMENTS–9 DBB CONSTRUCTION CONTRACT BID REQUIREMENTS VERSION 07/01/2010 STATEMENT OF BIDDER'S QUALIFICATIONS: (To be subscribed and sworn to before a notary public.) The bidder submits the following statement of bidder’s qualifications for consideration by the Owner. Bidder’s Name: _________________________________________________________ Bidder’s Address: __________________________________________________________ LEGAL NAME OF BUSINESS LEGAL BUSINESS ADDRESS (P.O. BOX IS INSUFFICIENT) __________________________________________________________ CITY STATE ZIP __________________________________________________________ MAILING ADDRESS IF DIFFERENT FROM ABOVE Telephone Number: ___________ ______________________ AREA CODE NUMBER The full names of persons and firms interested in the foregoing bid as principals are as follows: (1)____________________________________________________________________ Circle One: President Partner Owner Other (2)____________________________________________________________________ Circle One: Vice President Secretary Partner Other (3)____________________________________________________________________ Circle One: Vice President Secretary Partner Other Note: If incorporated: The names of both the President and Corporate Secretary must be indicated. If a partnership, all partners must be indicated. Social Security Number or FEIN: _____________________________________ Contractor’s Georgia License Type and Number: Contractor’s Federal Employment Verification Certification: The Contractor is registered with, authorized to use, is using and will continue to use, the federal work authorization program throughout the term of the contract, and holds the following authorization: User Identification Number: Date of Authorization: State Where Organized or Incorporated: ______________________________ Plan of Organization: (Circle One) (Describe) Proprietorship Corporation Partnership Joint Venture Other Years Engaged in Construction Contracting in Present Firm Organization: ____________ years. Bidder Hereby Certifies that bidder: a. Has never refused to sign a contract at the original bid on a public works contract except as allowed under Georgia law. b. Has never been terminated for cause on a public works contract. c. Has had no (criminal or felony) convictions, suspensions, or debarments of the bidder, its officers, or its principals for building code violations, bid rigging, or bribery in the last ten years. BID REQUIREMENTS–10 DBB CONSTRUCTION CONTRACT BID REQUIREMENTS VERSION 07/01/2010 d. Is not and its organization or its principals are not debarred, suspended, declared ineligible, or otherwise excluded by any Federal or State department or agency from doing business with the Federal Government or a State. e. Has insurance required by the Contract Documents in place or has arranged to obtain it from an insurer authorized to do business in the State of Georgia. f. Has sufficient bonding capacity to obtain a payment and performance bond from a surety meeting the requirements of the Contract Documents and authorized to do business in the State of Georgia. g. Has sufficient cash flow to perform this Project. Remarks or explanations of the above paragraphs a through g: ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________ Bidder Certification Certification under Oath. Under oath I certify that I am a principal or other representative of the bidder, and that I am authorized by it to execute the foregoing Statement of Bidder’s Qualifications is true and correct, including any explanation above and submitted under oath. BY: __________________________________________ Authorized Signature (BLUE INK PLEASE) ___________________________________________ Printed Name Sworn to and subscribed before me this Title Day of , 20 . ________________________________________ Notary Public My commission expires: ______________ (SEAL) NOTE: THE NOTARY SEAL MUST BE APPLIED UNDER GEORGIA LAW, WHETHER OR NOT THE LAW OF THE STATE WHERE EXECUTED PERMITS OTHERWISE. Statistical Information. This request is made for statistical purposes only. PLEASE INDICATE BELOW WHICH OF THE FOLLOWING DESCRIPTIONS APPLY TO YOUR COMPANY: ____ MINORITY BUSINESS ENTERPRISE (MBE) – One of the following statements describes this business: a) Owned by a member of a minority race; or b) a partnership of which a majority of interest is owned by one or more members of a minority race; or c) a public corporation of which a majority of the common stock is owned by one or more members of a minority race. A member of a minority race is defined as a person who is a member of a race that comprises less than fifty percent of the total population of the State of Georgia. For recordkeeping purposes, this includes, but is not limited to, persons who are Black, Hispanic, Asian-Pacific American, Native American, or Asian-Indian American. ____ GEORGIA MINORITY BUSINESS ENTERPRISE (GMBE) – Business meets the definition of a minority-owned business and, in addition, meets the following criteria: a) was organized in the State of Georgia; or b) reports income from BID REQUIREMENTS–11 DBB CONSTRUCTION CONTRACT BID REQUIREMENTS VERSION 07/01/2010 the business for Georgia Income Tax purposes; or c) minority stockholders report earnings for Georgia Minority Business Enterprise. For more information, please contact the Board of Regents’ Office of Business Development by e-mail at BusinessDevelopment@usg.edu. ____ NEITHER DESCRIPTION APPLIES TO YOUR COMPANY.BID SECURITY FORM KNOW ALL BY THESE PRESENTS, That we, {Insert Contractor’s Legal Name and Address} as Principal, hereinafter called the Principal, and {Insert Legal Name and Address of Surety}, a corporation duly organized under the laws of the State of {Insert State of Corporate Organization}, as Surety, hereinafter called the Surety, are held and firmly bound unto: OWNER: Attention: Phone Number: Facsimile Number: as Obligee, hereinafter called the Obligee in the sum of ______________________________________________ (Not less than five percent of the Bid) Dollars ($ _______________________ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a Bid for ________________________________________________________; {Insert Owner’s Project Number and Project Description} NOW, THEREFORE, if the Obligee shall accept the Bid of the Principal and (1) the Principal shall enter into a Contract with the Obligee in accordance with the terms of such Bid, and the Principal shall execute the Contract and give such bond or bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) in the event of the failure of the Principal to enter such Contract and give such bond or bonds, and the Principal shall pay to the Obligee the difference not to exceed the difference hereof between the amount specified in said Bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said Bid; then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this _______ Day of _______________, 20___ Name of Contractor: Principal ____________________________________ Witness By: (Seal) Title Name of Surety: Surety ____________________________________ Witness By: (*) (Seal) (*) Attach Power of Attorney BID REQUIREMENTS–12 DBB CONSTRUCTION CONTRACT BID REQUIREMENTS VERSION 07/01/2010 BID SECURITY FORM BID REQUIREMENTS BID SECURITY FORM NOTE TO CONTRACTOR: Use of Surety’s standard Bid Bond form is acceptable as long as it substantially complies with the following: KNOW ALL BY THESE PRESENTS, That we, {Insert Contractor’s Legal Name and Address} as Principal, hereinafter called the Principal, and {Insert Legal Name and Address of Surety}, a corporation duly organized under the laws of the State of {Insert State of Corporate Organization}, as Surety, hereinafter called the Surety, are held and firmly bound unto: OWNER: Attention: Phone Number: Facsimile Number: as Obligee, hereinafter called the Obligee in the sum of ______________________________________________ (Not less than five percent of the Bid) Dollars ($ _______________________ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a Bid for ________________________________________________________; {Insert Owner’s Project Number and Project Description} NOW, THEREFORE, if the Obligee shall accept the Bid of the Principal and (1) the Principal shall enter into a Contract with the Obligee in accordance with the terms of such Bid, and the Principal shall execute the Contract and give such bond or bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) in the event of the failure of the Principal to enter such Contract and give such bond or bonds, and the Principal shall pay to the Obligee the difference not to exceed the difference hereof between the amount specified in said Bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said Bid; then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this _______ Day of _______________, 20___ Name of Contractor: Principal ____________________________________ Witness By: (Seal) Title Name of Surety: Surety ____________________________________ Witness By: (*) (Seal) (*) Attach Power of Attorney BID REQUIREMENTS–13 DBB CONSTRUCTION CONTRACT BID REQUIREMENTS VERSION 07/01/2010 GENERAL CONDITIONS TABLE OF CONTENTS GENERAL CONDITIONS TABLE OF CONTENTS SECTION 1 – GENERAL Part 1 – General Provisions 1.1.1 – General Matters 1.1.2 – Project Team, Cooperation, Partnering 1.1.3 – Constitutional Principles Applicable to State Public Works Projects. 1.1.4 – Third Party Beneficiary 1.1.5 – Notice 1.1.6 – Liquidated Damages 1.1.7 – Documents 1.1.8 – Defined Terms 1.1.9 – Basic Definitions Part 2 – Contractor’s General Responsibilities and Duties. 1.2.1 – Contractor’s General Responsibilities 1.2.2 – Contractor’s General Duties 1.2.3 – Audit 1.2.4 - Employment of Georgia Citizens and Use of Georgia Products and Georgia Forest Products Part 3 – Owner’s General Responsibilities and Rights. 1.3.1 – Owner’s Representative 1.3.2 – Design Professional 1.3.3 – Permits, Licenses, and Inspections 1.3.4 – Testing 1.3.5 – No Partial Occupancy 1.3.6 – Disqualification of Potential “Pre-Qualified” Subcontractors 1.3.7 – Owner’s Right to Perform Work Part 4 – Protection of Persons and Property 1.4.1 – Reasonable Precautions 1.4.2 – Duty to Protect Property 1.4.3 – Safety Precautions 1.4.4 – Emergencies 1.4.5 – Fire Protection 1.4.6 – Remedy Damages 1.4.7 – Written Program Part 5 – Bonds, Indemnity, and Insurance 1.5.1 – Bonds 1.5.2 – Liability and Indemnification 1.5.3 – Insurance Requirements Part 6 – Hazardous Conditions and Materials 1.6.1 – Hazardous Materials 1.6.2 – Responsibility and Warranty of Subcontractors, Trade Contractors, and Suppliers 1.6.3 – Hazardous Materials and Substances Used on the Job Site 1.6.4 – Hazardous Conditions Part 7 – Miscellaneous Provisions 1.7.1 – Legal Compliance 1.7.2 – Surveys, Permits and Regulations 1.7.3 – Open Records Act 1.7.4 – Use of Project Site 1.7.5 – Office for Contract Compliance Specialist (CCS) 1.7.6 – Utilities 1.7.7 – Royalties and Patents 1.7.8 – Separate Contracts 1.7.9 – Minority, Women and Disadvantaged Business Participation 1.7.10 – Assignment 1.7.11 – Interpretation of Contract Documents. 1.7.12 – Counterparts 1.7.13 – Forms and Specimens 1.7.14 – Entire Agreement SECTION 2 – PRE-COMMENCEMENT PHASE Part 1 – Pre-commencement Phase Services 2.1.1 – Pre-commencement Coordination I DBB CONSTRUCTION CONTRACT VERSION 07/01/2010 GENERAL CONDITIONS TABLE OF CONTENTS 2.1.2 – Construction Preparation Period 2.1.3 – Construction Management Plan 2.1.4 – Quality Control Program 2.1.5 – Construction Progress Schedule, Overall Project Schedule 2.1.6 – Progress Reports and Information 2.1.7 – Rental Rates and Wage Rates for Change Orders 2.1.8 – Unit Prices 2.1.9 – Building Commissioning Services Part 2 – Construction Documents and Site Plan 2.2.1 – Contract Documents 2.2.2 – Documents at the Project Site 2.2.3 – Submittals 2.2.4 – Manufacturer’s Recommendations 2.2.5 – Site Plan 2.2.6 – Geological and Archaeological Specimens SECTION 3 – CONSTRUCTION PHASE Part 1 – Construction Phase Services 3.1.1 – Basic Construction Services 3.1.2 – Measurements and Dimensions 3.1.3 – Rain Water, Surface Water, and Back-up 3.1.4 – Dust Control 3.1.5 – Cutting, Patching and Fitting 3.1.6 – Space Conditions 3.1.7 – Cleaning Up 3.1.8 – Duty of Contractor to Report Defects 3.1.9 – Duty of Contractor to Report Conflicts Part 2 – Changes to the Work 3.2.1 – Acknowledgement of Existing physical Conditions 3.2.2 – Owner’s Right to Make Changes 3.2.3 – Changes Forbidden without Consent of Owner 3.2.4 – Form and Execution of Change Orders 3.2.5 – All Cost and Time Impacts to be Included 3.2.6 – Changes in Contract Time 3.2.7 – Determining the Cost to Owner for Changes 3.2.8 – Cost Allowable for Changes to the Work, Allowances for Contractor, and Permissible Expenditures 3.2.9 – Allowable Costs for Changes to the Work 3.2.10 – Costs Not Allowable for Changes in the Work 3.2.11 – Change Order Formats (Lump Sum, Force Accounts, Indeterminate Unit Pricing) 3.2.12 – Changes Due to Subsurface or Other Unforeseen Conditions 3.2.13 – Compensable Rock 3.2.14 – Claims for Extended General Conditions Costs 3.2.15 – Release of Claims 3.2.16 – Sole Source Designation Part 3 – Time. 3.3.1 – Time is of the Essence 3.3.2 – Competent Management of Time 3.3.3 – Contract Time 3.3.4 – Commencement, Prosecution, and Completion 3.3.5 – Construction Progress Schedule (Overall Project Schedule) 3.3.6 – Completion Date 3.3.7 – General Rule – No Damages for Delay 3.3.8 – Exception to General Rule – Compensable Delay 3.3.9 – Non Compensable Delay 3.3.10 – Submission of Claims for Compensable Delay and to Extend the Material Completion and Occupancy Date 3.3.11 – Recovery of Schedule Delays Part 4 – Correcting the Work, Inspections, Covering and Uncovering Work 3.4.1 – Correcting the Work 3.4.2 – Inspections 3.4.3 – Covering and Uncovering Work II DBB CONSTRUCTION CONTRACT VERSION 07/01/2010 GENERAL CONDITIONS TABLE OF CONTENTS 3.4.4 – Inspection Does Not Relieve Contractor Part 5 – Subcontractors, Trade Contractors, and Suppliers 3.5.1 – Subcontractors, Trade Contractors, and Suppliers 3.5.2 – Representation of Contractor 3.5.3 – Contractor Responsible for Acts and Omissions 3.5.4 – No Contract between Owner and Subcontractors, Trade Contractors, and Suppliers. 3.5.5 – Relationship of Contractor and Subcontractors, Trade Contractors, and Suppliers SECTION 4 - COMPENSATION Part 1 – General. 4.1.1 – Payments 4.1.2 – Application for Payments 4.1.3 – Processing of Application for Payment (Periodical Estimates) 4.1.4 – Effect of Design Professional’s Certificate an Application for Payment. 4.1.5 – Payment Due 4.1.6 – Payment Due Dates and Interest 4.1.7 – Payments for Change Order Work Part 2 – Payments Withheld 4.2.1 – Payments Withheld Part 3 – Liens 4.3.1 – Public Property Not Subject to Lien 4.3.2 – Notice of Commencement 4.3.3 – Release of Liens SECTION 5 – CONTRACT ADJUSTMENTS, DISPUTES, AND TERMINATION Part 1 - Owner’s Right to Suspend or Stop Work 5.1.1 – Owner’s Right to Suspend Work 5.1.2 – Owner’s Right to Stop Work 5.1.3 – Owner’s Rights Independent from Rights and Duty of the Design Professional Part 2 – Contract Adjustments and Disputes 5.2.1 – General Provisions 5.2.2 – General Claims for Contract Adjustments and Disputes 5.2.3 – Dispute Resolution 5.2.4 – Certain Claims Excluded From General Claims Part 3 – Termination 5.3.1 – Owner’s Right to Terminate Contract for Convenience 5.3.2 – Owner’s Right to Declare Default and/or Terminate Contract for Cause 5.3.3 – Contractor’s Right to Terminate 5.3.4 – Limitation of Payments 5.3.5 – Termination by Owner for Abandonment by Contractor 5.3.6 – Notices of Termination SECTION 6 – PROJECT COMPLETION Part 1 – Material Completion 6.1.1 – Material Completion 6.1.2 – Effect of Achieving Material Completion 6.1.3 – Effect of Failure to Achieve Material Completion Part 2 – Final Completion 6.2.1 – Final Completion 6.2.2 – Effect of Achieving Final Completion 6.2.3 – Effect of Failure to Achieve Final Completion Part 3 – Inspections for Completion of the Work 6.3.1 – General Responsibility of the Contractor for Inspection 6.3.2 – Notice of Readiness for Inspection for Material Completion 6.3.3 – Conducting the Inspection for Material Completion 6.3.4 – Notification of Using Agency of Site Visits by the Contractor or Subcontractors 6.3.5 – Notification of Readiness for Interim Inspection for Punchlist Completion 6.3.6 – Conducting the Interim Inspection for Punchlist Completion 6.3.7 – Conducting the Inspection for Final Completion Part 4 – Final Documents 6.4.1 – Final Documents 6.4.2 – Presentation of Final Documents III DBB CONSTRUCTION CONTRACT VERSION 07/01/2010 GENERAL CONDITIONS TABLE OF CONTENTS 6.4.3 – Keys Part 5 – Payment for Material Completion and for Final Payment 6.5.1 – Payment for Material Completion 6.5.2 – Application for Payment for Material Completion 6.5.3 – Release of Contractor’s Retainage 6.5.4 – Effect of Payment for Material Completion and Release of Claims 6.5.5 – Final Payment 6.5.6 – Effect of Final Payment and Release of Claims Part 6 – Correction of the Work after Final Payment 6.6.1 – Non-Compliant or Defective Work 6.6.2 – Warranty and Guaranty 6.6.3 – Warranty Complaint Item Procedure SECTION 7 – FORMS Performance Bond Payment Bond Contractor Affidavit and Certificate of Compliance Subcontractor Affidavit and Certificate of Compliance Non-Influence Affidavit Statutory Affidavit Five Year Bond on Roofs and Walls Specimen Certificate of Manufacturer Certificate of Insurance Bond to Discharge Claim Change Order Forms Application for Payment Form Subcontractor Retainage Release Certificate Final Certification of Costs SUPPLEMENTARY GENERAL CONDITIONS IV DBB CONSTRUCTION CONTRACT VERSION 07/01/2010 SECTION 1 – GENERAL PART 1 – GENERAL PROVISIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT SECTION 1 – GENERAL PART 1 – GENERAL PROVISIONS 1.1.1 General Matters. 1.1.1.1 This Contract and Affiliated Agreements – Requirement for Written Agreements. This Contract and all Affiliated Agreements, including any subsequent modifications, must be in writing, dated, and executed by the parties. Affiliated Agreements, including financial arrangements with respect to this Project, must be promptly and fully disclosed to the Owner upon their execution or modification. 1.1.1.2 Basic Statement of Owner Objectives. The Owner’s basic objectives are the construction of the Project within the limits of the funds available to Owner for construction of the Project, and in accordance with the approved Construction Documents. 1.1.1.3 Project Team. To accomplish Owner’s objectives, Owner intends to employ a team concept in connection with the construction of the Project. The basic roles and general responsibilities of team members are set forth in general terms below but are more fully set forth in the Design Professional Contract with respect to the Design Professional, in the Program Management Agreement with any Program Manager, and in this Contract with respect to the Contractor. 1.1.1.3.1 Relationship of Parties. The Owner and the Contractor agree to proceed with the Project on the basis of trust, good faith, and fair dealing and to cooperate fully with each other. The Owner and the Contractor shall do all things reasonably necessary to perform this Contract in an economical and timely manner, including without limitation, consideration of design modifications to enhance constructability and alternative materials or equipment, if considered necessary or convenient by the Owner. The Contractor agrees to procure or furnish, as permitted by the laws of Georgia, all Pre-Commencement phase services and construction phase services as set forth herein. The Owner shall endeavor to promote harmony and cooperation among the Owner, Program Manager, Design Professional, the Using Agency, Contractor and other persons or entities employed by the Owner for the Project. 1.1.1.3.2 Design Professional. The Design Professional is retained in accordance with the Design Professional Contract (i) for the design and preparation of Construction Documents that are necessary to implement the Program governing the construction of the Project or Components thereof, and the design and preparation of any necessary documents antecedent to preparation of such Construction Documents, or (ii) for construction contract administration of the Work under Contract Documents, or (iii) for both. The Contractor acknowledges and agrees that the Contract Documents are addressed to skilled tradesmen in the construction profession who shall be required to use their special skills and experience, through submittals and shop drawings, to translate the Design Professional’s design intent as expressed in the Contract Documents into a completed structure. The Contract Documents shall specify when shop drawings or submittals require the seal of a specialty consultant. 1.1.1.3.2.1 The basis of the Owner's engagement of the Design Professional is the "Design Professional Contract.” The Contractor is advised that both the Owner and the Design Professional have on file, at their respective places of business, copies of that executed agreement. The Design Professional is not the agent of the Owner, except to the extent so specified in writing, but is employed as a consultant to the Owner to assist the Owner in determining if the conditions of the contract have been met. All decisions of the Design Professional on matters of aesthetics are final, conclusive, and binding on all parties if consistent with the requirements of the Contract Documents. 1.1.1.3.2.2 The Contractor promptly shall request and review a copy of the Design Professional Contract during the Pre-commencement Phase and shall become familiar with the respective services, authorities, obligations, and responsibilities of the parties therein. Contractor agrees to develop a working relationship with the Design Professional to effectuate the purposes of the Project in accordance with the terms of this Contract and with consideration of the Design Professional’s responsibilities under the Design Professional Contract. 1 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 1 – GENERAL PROVISIONS 1.1.1.3.2.3 The Contractor acknowledges that the respective contracts require the Owner and the Design Professional to proceed with the Project on the basis of trust, good faith, and fair dealing, and they will take all actions reasonably necessary to ensure the Project proceeds to completion within the Owner's time and budgeting constraints. The Contractor also acknowledges that the Design Professional is to perform all tasks and services required of it under the Design Professional Contract. The Contractor further acknowledges that, in order for the Design Professional to perform its obligations, the Design Professional requires certain materials, information, or other submissions pursuant to the Contract Documents from the Contractor. The Contractor agrees to provide the Design Professional with the submittals required by the Contract Documents. The Contractor further agrees to cooperate with the Design Professional to ensure timely completion of all obligations under this Contract to complete the entire Project. 1.1.1.3.2.4 Contractor agrees that the services provided by the Design Professional under the Design Professional Contract are intended to coordinate and complement, but not to diminish, alter or substitute for, any of the services, authority, obligations, or responsibilities of the Contractor under this Contract. Contractor further agrees that the performance of services by the Design Professional in connection with the Project shall in no way relieve Contractor from any of its services, authority, obligations, or responsibilities under this Contract, and shall not alter or diminish those services, authority, obligations, or responsibilities in any way whatsoever. 1.1.1.3.3 Program Manager. Owner may designate a Program Manager to administer the Project and this Contract. In lieu of a Program Manager, Design Professional may be designated to perform the role of Program Manager. The Program Manager may also be designated as the Owner’s Representative, and if no Owner’s Representative is designated, the Program Manager shall be the Owner’s Representative. 1.1.1.3.4 Owner's Representative. Owner shall from time to time in writing designate one person as Owner's Representative under this Contract. Owner may designate the Program Manager, if any, as the Owner’s Representative. Owner's Representative so designated in writing shall serve as Owner's Representative under this Contract unless or until Owner gives notice in writing of the appointment of his successor. Owner or Owner's Representative may designate in writing assistants to serve as Owner's Representative with respect to the Project governed by this Contract or in different phases or in specific areas of responsibility with respect to the Project. All requests for consents and approvals required of Owner in connection with the Project, whether by Program Manager, Design Professional, or Contractor, shall be submitted to Owner's Representative, or if the matter is within the written designation of authority of his assistant, to his designated assistant. Design Professional and Contractor may rely upon written consents and approvals signed by the Owner's Representative, or his designated assistant acting within the scope of his written designation, as the consent and approval of Owner. 1.1.1.3.5 Using Agency, Using Agency’s Representative. The Project is intended for the benefit of the Using Agency. A copy of all matters submitted to Owner shall also be submitted to Using Agency for Using Agency’s information. The Using Agency may designate one or more representatives to participate with Owner in Owner’s activities under this Contract. Neither the Using Agency nor any representative of Using Agency shall have any authority to act for or in the name of the Owner. Participation in the Project by Using Agency or its representative(s) shall be solely advisory to the Owner. The Program Manager, Design Professional, Contractor, or any Separate Contractor must not act or rely solely upon any directive, interpretation, decision, act, or omission of Using Agency or the Using Agency’s Representative. 1.1.1.3.6 Owner’s Construction Inspector. Owner may from time to time in writing designate a person or firm as Owner's Construction Inspector under this Contract. The Owner’s Construction Inspector may be hired by Owner or hired under the Program Manager’s Contract or the Design Professional’s Contract and shall provide inspection services of the Work on behalf of the Owner. The presence of an Owner’s Construction Inspector does not relieve the Contractor of any of its responsibilities for quality control and independent testing set forth in the General Requirements. The Owner’s Construction Inspector has the authority to report any deviations from the Contract Documents directly to the Contractor’s superintendent at the job site for immediate action, and also to report same to the Program Manager or Design Professional, and Owner. 2 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 1 – GENERAL PROVISIONS 1.1.1.3.7 Representatives. The designated representatives of the Contractor and the Owner shall have full authority to act (other than for the receipt of notices that must be given as specified in Paragraph 1.1.5) in matters relating to this Contract until notice is given that such authority has been revoked. Contractor and the Owner may each rely upon the written certification of the other as to the appointment of a designated representative or the revocation of his authority. The Contractor shall designate, in writing, a representative authorized to act on the Contractor's behalf with respect to the Project. The Contractor's initial authorized representative shall be the Project Superintendent of the Contractor as identified by the Contractor. Contractor shall employ the Project Superintendent and necessary assistants who shall be in attendance at the Site during the progress of the Work. The Contractor’s designee shall represent Contractor: All written communications given to the Contractor’s designee shall be binding upon Contractor. 1.1.1.3.8 Separate Contractor. Owner may select one or more Separate Contractors to perform work with respect to the Project or Components thereof. The Contractor shall afford the Owner's Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall coordinate the Separate Contractors’ schedules with those of the Contractor. The Owner's Separate Contractors shall adhere to the Contractor's work rules, schedule, laydown areas, and safety requirements. 1.1.1.3.9 Commissioning Authority. Owner may select and employ a Commissioning Authority to perform building commissioning activities and monitor testing activities. The Commissioning Authority shall perform and coordinate and accomplish its work as set forth in Articles 1.3.4 and 2.1.9. 1.1.2 Project Team, Cooperation, Partnering. 1.1.2.1 Concept. It is the Owner's expectation that the Program Manager, Design Professional, Owner, Using Agency, Contractor, and any Separate Contractor, shall work as a Project Team to effect the commencement of and completion of construction in accordance with the Project Schedule, and to achieve Final Completion of the Project. Each team member shall communicate with all other team members to assure overall coordination, cooperation, and efficiency. Each team member shall cooperate fully with and coordinate fully with each other team member in order to achieve Project completion in an expeditious and economical manner. The Contractor shall schedule regular meetings of the key principals of the Project Team in an effort to solve problems in a partnering atmosphere to facilitate the ability of each team member to meet its business objectives, so long as its business objectives are consistent with the successful completion of the Project. It is the Owner’s intent that all consensus decisions of the Project Team, where differing from the Contract Documents, be reduced to writing in an appropriate Change Order. 1.1.2.2 Conference. Promptly after the execution of this Contract, Contractor shall confer with the Program Manager, Design Professional, Owner, and Using Agency to identify personnel and relevant organizational charts of each team member, and to establish working relationships with each team member. 1.1.2.3 Authority of Contractor. Contractor is, and at all times during the term of this Contract shall be, an independent contractor in the performance of its duties and obligations under this Contract. Contractor shall have no authority to bind or otherwise obligate Owner, orally, in writing or by any acts, unless specifically authorized by Owner in writing. Nothing contained in this Contract shall constitute or be deemed or construed to create a partnership or joint venture, or any agency relationship, between Owner and Contractor. 1.1.2.4 Team Evaluation Process, Covenant not to Sue. If Team Evaluation is elected as part of this Contract, all team members agree to participate in good faith in the State of Georgia’s formal Team Evaluation Process [copies of which will be made available to any bidder on request]. By executing this agreement for construction services with the Owner, the Contractor waives any and all legal rights for defamation, libel or slander and covenants not to sue the Board of Regents, the Owner, the Design Professional, the Using Agency, other team members, and their respective representatives and agents for comments, rankings, and results related to the Contractor's performance posted in good faith as a part of, and in accordance with, said Team Evaluation Process. The Design Professional and other team members, in their agreements with the Owner, have executed, or will execute, a similar agreement. 1.1.3 Constitutional Principles Applicable to State Public Works Projects. 1.1.3.1 Title to Project Site. Title to the Site is vested in the Board of Regents of the University System of Georgia as public property of the State of Georgia, and is not subject to levy or lien. 1.1.3.2 Title to Improvements and Delivered Materials. Title to all improvements constructed at the Site vests instanter in the Board of Regents. Title to all materials vests in the Board of Regents upon their delivery without rejection by the 3 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 1 – GENERAL PROVISIONS Contractor at the Site, regardless of the status of payment or nonpayment of the costs thereto. Protection of laborers and Suppliers (regarding payment for services and materials) is effected through the provision of payment and performance bonds by the State. 1.1.3.3 Limited Waiver of Sovereign Immunity Ex Contractu. Contractor acknowledges and agrees that Owner is an agency or instrumentality of the State of Georgia, and as such is entitled to the protection of sovereign immunity. As set forth in Article I, Section II, Paragraph IX of the 1983 Georgia Constitution, sovereign immunity is waived “as to any action ex contractu for the breach of any written contract.” Contractor specifically acknowledges the constitutional and contractual requirements that written changes, modifications, and waivers to this Contract must be specifically executed by the Owner as set forth in the Contract Documents. Accordingly, Contractor specifically acknowledges the constitutional prohibitions against claims against Owner based solely upon oral statement, course of conduct, customs of the trade, quasi-contract, quantum meruit, or O.C.G.A § 13-4-4 (mutual departure from contract terms). 1.1.3.4 Limitations upon Authority of Agents. Contractor further acknowledges that Owner is an agency or instrumentality of the State of Georgia, and as such acts through specific public officials. The legal concepts of agency applicable to the Owner are solely as set forth in O.C.G.A. §45-6-5 and as further specified in the Contract Documents. Contractor specifically acknowledges the statutory and contractual requirements that written changes, modifications, and waivers to this contract must be executed only by the identified representatives of Owner as set forth in the Contract Documents. Accordingly, Contractor specifically acknowledges that any claims against Owner based upon the act of any non-authorized employee or official are invalid. 1.1.3.5 U.C.C. Not Generally Applicable. Contractor further acknowledges and agrees that Owner, as set forth in subsection (3) above, has granted only a limited waiver of sovereign immunity, such that the provisions of the Uniform Commercial Code (O.C.G.A §11-1-101 through §11-2-725) governing sales of goods do not apply to this Contract. Contractor specifically acknowledges the contractual requirements that written changes, modifications, and waivers to this contract must be specifically executed by the Owner as set forth in the Contract Documents. Accordingly, Contractor specifically waives and covenants not to make against Owner any claims based upon the Uniform Commercial Code. Contractor understands, however, that Contractor’s subcontracts with Suppliers and Subcontractors may in fact include sales of goods and therefore be properly governed by the Uniform Commercial Code; nonetheless Contractor covenants that any such application shall in no way be construed to have any legal effect upon this contract between Owner and Contractor. 1.1.4 Third Party Beneficiary. Contractor acknowledges, stipulates, and agrees that the Owner is a public department, agency, or commission of the executive branch of government of the State of Georgia performing an essential public and governmental function by means of the Contract. Contractor acknowledges, stipulates, and agrees that the Using Agency is an express third party beneficiary of this Contract. There are no individual or personal third party beneficiaries of this Contract. 1.1.5 Notice. 1.1.5.1 General Requirement. Any notice, election, demand, request, consent, approval, or other communication required or permitted to be given under this Contract shall be in writing signed by an officer or duly authorized representative of the party making same and shall be delivered personally or shall be sent by certified or statutory mail, postage prepaid, return receipt requested, shall be effective as of the date on which it is received or would have been received but for the refusal of the addressee to accept delivery, and shall be addressed as shown in the Contract. The persons and addresses to which notices should be given may be changed by notice given in accordance with this Article. 1.1.5.2 Copies of Notices to Owner. Wherever the Contract Documents provide that a copy of any notice, request, or demand filed with the Design Professional by the Contractor shall be furnished to the Owner, such notice, request, or demand shall not become effective until the Owner has received his copy. No notice in writing or given orally to the Design Professional or to the Contract Compliance Specialist is notice to the Owner unless copy of the aforesaid notice in writing shall have been properly served upon the Owner at the address shown in the Contract. 1.1.6 Liquidated Damages. 1.1.6.1 Time of the Essence. Time being of the essence of this Contract, and a material consideration thereof, it is mutually agreed by the parties hereto in case of the Contractor’s failure to complete the construction within the time specified, the Owner will be damaged thereby. The Contractor shall commence performance of the Work on the Site under this Contract as of the Proceed Order Date. The Contractor shall complete construction, except for Minor Items and Permitted Incomplete Work (see Article 6.1.1), not later than the Material Completion and Occupancy Date, as adjusted by Change Order. 1.1.6.2 Liquidated Damages. Because it is difficult to definitely ascertain and prove the amount of said damages, inclusive of, but not limited to, expenses for inspection, superintendence, loss of use, and necessary traveling expenses, the Owner, Contractor, and Using Agency hereby agree that the amount of such damages shall be the daily 4 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 1 – GENERAL PROVISIONS rate specified in the Contract, beginning upon the contractually required Material Completion and Occupancy Date and ending on the date that the Certificate of Material Completion is issued. The parties agree that the specified Liquidated Damages are not established as a penalty but are calculated and agreed upon in advance as a fair and equitable amount reasonably estimated in advance to cover losses to be incurred by the Owner and Using Agency for such delay or interruption in view of the uncertainty and impossibility of ascertaining actual damages that would be incurred. 1.1.6.2.1 Contractor Agrees to Pay. The Contractor agrees to pay the amount, computed by multiplying the Liquidated Damages set forth in the Contract by the number of days between the contractually required Material Completion and Occupancy Date and the date that the Certificate of Material Completion is issued. 1.1.6.2.2 Deducted as They Accrue. Liquidated Damages shall be deducted from periodic payments as they accrue and such deduction shall be in addition to the retainage provided for in the Contract. The remaining balance of any Liquidated Damages shall be deducted from the Payment for Material Completion to the Contractor or its Surety. If the unpaid balance of the Contract Sum is less than the total amount to be deducted for Liquidated Damages as herein above provided, the Contractor shall promptly pay to the Owner, upon the Owner's demand, the amount by which such sum exceeds the unpaid balance of the Contract Sum. 1.1.6.3 Limitation on Owner’s Damages. Except as otherwise set forth in the Contract Documents, damages of the Owner and Using Agency for delay shall be limited to the Liquidated Damages as defined herein. Nothing in this Article 1.1.6 shall be construed to limit Owner’s right to pursue damages or remedies for claims against the Contractor for reasons other than delay. 1.1.7 Documents. 1.1.7.1 Precedence of Documents and Changes. In the event of conflict, the Contract takes precedence over the Supplementary Conditions, and the Supplementary Conditions take precedence over the General Conditions. No change to the Contract Documents is effective unless notice shall have been issued by the Owner bearing the imprimatur of the Owner as follows: “By order of the Board of Regents of the University System of Georgia, Owner.” The Design Professional has no authority to amend the Contract Documents, orally or in writing, either expressly or by implication. 1.1.7.2 Copies of Contract Documents to Contractor. Without charge to the Contractor the Design Professional shall furnish to the Contractor up to twenty five sets of completed Contract Documents in hardcopy, one set of reproducible and electronic background floor and reflected ceiling plan drawings and, if requested, one copy in read-only electronic format. The Contractor may obtain such additional sets of Contract Documents, as the Contractor deems necessary and shall pay the cost of reproduction of such additional sets to the Design Professional. 1.1.7.3 Marked-Up (“As-Built”) Documents. Prior to Final Completion, the Contractor shall provide one complete set of Marked-Up Documents to the Design Professional. The Marked-Up Documents shall consist of the Contract Documents annotated and changed to reflect the as-built condition of the Project, including all Change Orders, field instructions, answers to RFI’s, clarifications, sketches, delegated contractor design drawings and locations of utilities and other hidden elements. 1.1.7.4 Copies to the Owner. Upon Owner’s request, the Contractor shall furnish the Owner with copies of Project related correspondence, letters of transmittal, etc. 1.1.8. Defined Terms. Wherever used in the Contract Documents, the terms defined in this Contract will have the meanings indicated that are applicable to both the singular and plural, and to the masculine and feminine thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1.1.8.1 Meaning of Words and Phrases. Unless the context or the Contract Documents taken as a whole indicate to the contrary, words used in the Contract Documents that have usual and common meanings shall be given their usual and common meanings; words having technical or trade meanings shall be given their customary meaning in the subject business, trade, or profession. Materials or work described in words that, so applied, have a well-known technical or trade meaning shall be held to refer to such recognized meaning. 5 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 1 – GENERAL PROVISIONS 1.1.8.2 Cross-References, Headings, and Citations to the Contract. Cross-references, headings, and citations to the Contract, if any, are for the convenience of the Contractor and the Owner and are not intended to be plenary or exhaustive nor are they to be considered in interpreting the Contract Documents or any part of the Contract Documents. 1.1.8.3 Install, Deliver, Furnish, Supply, Provide and Other Such Words. Install, deliver, furnish, supply, provide, and other such words mean that the Work in question shall be put in place by the Contractor ready for use unless expressly provided to the contrary. 1.1.8.4 Articles Not Plenary. This Article and Article 1.1.9 are not entire, plenary, or exhaustive of all terms used in the Contract and General Conditions that require definition. There may be definitions of other terms under articles to which the terms are related. 1.1.9 Basic Definitions. 1.1.9.1 Addenda. Written or graphic instruments issued prior to the opening of bids that clarify, correct, or change any of the component parts of the Bidding documents. 1.1.9.2 Affiliate. With respect to Contractor, any firm, partnership, corporation or other legal entity that is owned by, under common ownership or control with, or having a common principal or shareholder with, the Contractor, whether such relationship is direct or indirect. In addition, unless the consequences of such relationship for the purposes of this Contract are expressly waived in writing by the Owner after full disclosure by the Contractor, the term “Affiliate” also includes any entity currently affiliated with Contractor as a partner or joint venturer with respect to any commercial venture, whether or not such venture includes the Project. See O.C.G.A. §13-10-23. 1.1.9.3 Affiliated Agreement. Any agreement concerning the Project between the Contractor and an Affiliate, including all modifications and amendments thereto. 1.1.9.4 Application for Payment. The form acceptable to Owner that is to be used by the Contractor during the course of the Work in requesting payment from the Owner and that is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.1.9.5 Asbestos. Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.1.9.6 Authorization for Using Agency to Enter. The Notice from Owner to the Contractor and the Using Agency, upon issuance of a Certificate of Material Completion, that the Using Agency is authorized to take possession of the Project. 1.1.9.7 Bid. The offer of a Bidder submitted on the prescribed form setting forth the Contract Sum for all activities required by the Bidding Documents. 1.1.9.8 Bid Bond. A bond, required by law, with a surety in accordance with the Instructions to Bidders, substantially in the form and substance specified in the Bidding Documents, with the Owner as obligee, and intended to secure the execution of the Contract by the Bidder. 1.1.9.9 Bidding Documents. The Construction Documents, the Invitation to Bid, the Instructions to Bidders, the Bid Form, and all Addenda, upon which the Bidder submits a Bid. 1.1.9.10 Bulletin Written or graphic material issued after the award of the contract that clarifies, corrects, or proposes a change in any of the component parts of the Contract Documents. 1.1.9.11 Business Day. A business day is each calendar day other than Saturday, Sunday, and any holiday observed by Owner. 1.1.9.12 Change Order. A document issued on or after the Effective Date of the Contract, signed by the Contractor and the Owner and ordinarily certified by the Design Professional, which may authorize a change or changes, including but not limited to a change to the Contract Sum, the Contract Time, or the Contract Documents 1.1.9.13 Claim. A demand or assertion by the Owner or the Contractor seeking an adjustment of the Contract Sum or Contract Time, or both, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and the Contractor arising out of or relating to the Contract. The 6 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 1 – GENERAL PROVISIONS responsibility to substantiate a Claim shall rest with the party making the Claim. A demand for money or services by a third party, including a Trade Contractor, Supplier, or subcontractor to the Contractor, is ipso facto not a Claim against the Owner. 1.1.9.14 Construction Documents. The architectural and engineering documents setting forth the design for the Project prepared by the Design Professional. Construction Documents include, but are not limited to, the Specifications, the Drawings, the Supplementary Conditions, the General Conditions, and all Addenda. 1.1.9.15 Construction Progress Schedule. A schedule indicating proposed activity sequences and durations, milestone dates for receipt and approval of pertinent information, preparation, submittal, and processing of Shop Drawings and Samples, delivery of materials or equipment requiring long-lead time procurement, and proposed date(s) of Material Completion and Occupancy and Final Completion. The schedule will be developed to represent the sixteen or seventeen CSI Specification Divisions. It shall have a minimum number of activities as required to adequately represent to Owner the complete scope of work and define the Project’s critical path and associated activities. If the Project is to be phased, then each individual Phase should be identified from start through completion of the overall Project and should be individually scheduled and described, including any Owner’s occupancy requirements and showing portions of the Project having occupancy priority. The format of the schedule will have dependencies indicated on a monthly grid identifying milestone dates such as construction start, phase construction, structural top out, dry-in, rough-in completion, metal stud and drywall completion, equipment installation, systems operational, Material Completion and Occupancy Date, final inspection dates, Punchlist, and Final Completion date. 1.1.9.16 Contract. The written document that is the evidence of the Contract between the Owner and the Contractor. 1.1.9.17 Contract Compliance Specialist. A person, if so designated by the Owner, to record daily events at the Site, including deliveries of equipment and supplies, and the progress of the Work. The Contract Compliance Specialist is not an inspector, and has no authority or power to act as agent for the Owner or to approve or disapprove any action of the Contractor. The Contract Compliance Specialist has no authority to and shall not be requested to sign or initial documents such as delivery receipts, drayage or hauling receipts, or time and materials tickets, or other similar documents evidencing transactions among the Contractor and Subcontractors. 1.1.9.18 Contract Documents. The Contract Documents include the executed Contract, the Bid, the Bidding Documents, and all Change Orders. 1.1.9.19 Contract Sum. The amount of money payable by the Owner to the Contractor for completion of the PreCommencement Services and the Work in accordance with the Contract Documents. 1.1.9.20 Contract Time. The period of time established for completion of the Project by the Contract Documents. Contract Time commences upon the date specified in the Proceed Order and ends upon the Material Completion and Occupancy Date, as it may be amended. 1.1.9.21 Contractor. The person or entity responsible for the proper completion of the activities described in the Contract Documents and who executes the Contract. 1.1.9.22 Cost of the Work. The sum of all allowable costs necessarily incurred and paid by Contractor in the proper performance of the Work. 1.1.9.23 Day. Unless otherwise stated, reference to the terms "day," "days," "month," or "months" mean calendar day, calendar days, calendar month, and calendar months, respectively. 1.1.9.24 Defective Work. Work that, for any reason, is not in compliance with the Contract Documents. Defective Work is usually identified in a Notice of Non-Compliant Work. 1.1.9.25 Design Professional Contract. The Contract between the Owner and the Design Professional for the design of the Project. 1.1.9.26 Design Professional. The architect or engineer or architectural or engineering firm selected by Owner (i) for the design and preparation of Contract Documents governing the construction of a Project, or (ii) for construction contract administration under the Contract Documents, or (iii) for both, all such services and the scope thereof to be set forth in the Design Professional Contract. The Design Professional is not an employee of the Owner but is engaged or retained by it for the purpose of performing design and construction administration services for the project. The term “Design Professional” includes architects, engineers, surveyors, designers, and other consultants retained by the Design Professional. 7 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 1 – GENERAL PROVISIONS 1.1.9.27 Drawings. That part of the Contract Documents prepared or approved by the Design Professional that graphically show the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 1.1.9.28 Effective Date of the Contract. The date indicated on the Contract or as otherwise specified therein. 1.1.9.29 Final Certificate, Design Professional’s Certificate of Final Completion. The Certificate issued by the Design Professional stating that all work has been completed in accordance with the terms of the Contract Documents. See Section 6, Project Completion. 1.1.9.30 Final Completion. The full and final completion of all Work in accordance with the Contract Documents. 1.1.9.31 Final Notice of Non-Compliant Work. The Final Notice of Non-Compliant Work issued as a result of the Inspection for Material Completion, also known as the Final Punch List. Upon the completion or correction of this NonCompliant Work (“punch list” work) the Design Professional will issue the Final Certificate. 1.1.9.32 Hazardous Substances. See Section 1 Part 6. 1.1.9.33 Material Completion and “Material Completion and Occupancy Date”. See Section 6 Part 1. 1.1.9.34 Milestone. A principal event specified in the Contract Documents including the Material Completion and Occupancy Date and other events relating to an intermediate completion date or time. 1.1.9.35 Notice. Written notice. See Article 1.1.5. 1.1.9.36 Notice of Apparent Successful Bid. The written notice by the Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, the Owner will sign and deliver the Contract. The Construction Preparation Period begins on the Effective Date of the Contract. (See Section 2, Part 1.) 1.1.9.37 Notice of Non-Compliant Work. A Notice of Non-Compliant Work shall be in writing, shall be dated, shall be signed by the Design Professional, and shall be addressed to the Contractor with a copy to the Owner, as set forth in Section 3, Part 4 (Correcting the Work) and Section 6, Part 6 (Correcting the Work after Final Payment). 1.1.9.38 Owner. The Board of Regents, by and through a State Agency, identified as such in this Contract with whom Contractor has entered into the Contract and for whom the Work is to be completed. 1.1.9.39 Overall Project Schedule. The Construction Progress Schedule that is approved by the Owner. 1.1.9.40 Pre-Commencement Phase Services. The services required to be provided by the Contractor for the PreCommencement Phase of the Project in accordance with the Contract Documents. 1.1.9.41 Proceed Order. The Proceed Order is a written notice from the Owner that includes a specified date (i.e. the Proceed Order Date) upon which the Contractor is authorized to commence physical work on the Site. Unless the Proceed Order states otherwise, the Proceed Order Date shall be the date upon which the Proceed Order is actually signed and dated by the Owner’s authorized representative. A Proceed Order is a condition precedent to the execution of any Work on the site by the Contractor. The Proceed Order was formerly referred to as the “Notice to Proceed.” 1.1.9.42 Project. The total and complete undertaking for the public works facility to be constructed under this Contract. 1.1.9.43 Project Manual. A bound manual prepared by the Design Professional. It includes the Invitation to Bid, Instructions to Bidders, the Bid Form, the Specifications, the General Conditions and Supplementary General Conditions. 1.1.9.44 Resident Engineer Inspector. Synonymous with Contract Compliance Specialist. See Paragraph 1.1.9.16. 1.1.9.45 Samples. Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. The Contractor shall furnish for approval all samples required by the Contract Documents. The Work shall be in accordance with approved samples. 8 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 1 – GENERAL PROVISIONS 1.1.9.46 Separate Contractor. Any person or entity other than Contractor that enters into an agreement with Owner to perform the construction of all or any portion of the construction on a Project. 1.1.9.47 Site. Lands or areas indicated in the Contract Documents as being furnished by the Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by the Owner that are designated for the use of the Contractor. Also referred to as Project Site, Job Site and Premises. 1.1.9.48 Specifications. That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. The term "Specifications" shall also include all written matter in the Project Manual or on the drawings and any Addenda or Change Orders thereto. 1.1.9.49 Subcontractor. The generic term subcontractor as employed herein includes only those having a direct contract with the Contractor. 1.1.9.50 Submittals. Shop Drawings, schedules, data, catalogue cuts, manufacturers' published recommendations, charts, bulletins, brochures, illustrations, circulars, roughing drawings or formulae, etc., that are specifically prepared, distributed, or assembled by or for Contractor or by Subcontractors, manufacturers, or Suppliers and submitted by Contractor to illustrate some portion of the Work or for use in installing the Work. The Contract Documents shall specify when shop drawings or submittals require the seal of a specialty consultant. 1.1.9.51 Successful Bidder. The responsible Bidder submitting the lowest responsive Bid. 1.1.9.52 Supplier. A manufacturer, fabricator, distributor, supplier, or vendor of goods or equipment in connection with the Work, or any other party having a Contract or Purchase Order with the Contractor or with a Subcontractor to furnish materials or equipment to be incorporated in the Work by the Contractor or a Subcontractor. 1.1.9.53 Trade Contractor. A Subcontractor who furnishes and installs materials according to the plans and specifications of this Project but does not include one who merely furnishes materials. See 1.1.9.49. 1.1.9.54 Underground Facilities. All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including without limitation those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 1.1.9.55 Unit Price Work. Work to be paid for on the basis of unit prices as defined and described in the Contract Documents. A percentage markup for overhead or profit shall be included in all unit prices. 1.1.9.56 Using Agency. The State entity for which the Project is being constructed. The term may include an institution (e.g., University of Georgia) that is a part of the Board of Regents of the University System of Georgia. 1.1.9.57 Using Agency’s Representative. The Using Agency may designate from time to time a Using Agency’s Representative, who shall work with the Design Professional and the Owner’s Representative as a liaison with the Using Agency. 1.1.9.58 Work. All labor, materials, and services necessary to produce the construction of the Project in accordance with the Contract Documents, including the entire construction or the various separately identifiable parts thereof. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all equipment, fixtures, and supplies into such construction, all as required by the Contract Documents. 9 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 2 – CONTRACTOR’S GENERAL RESPONSIBILITIES AND DUTIES PART 2 – CONTRACTOR’S GENERAL RESPONSIBILITIES AND DUTIES 1.2.1 Contractor’s General Responsibilities. 1.2.1.1 Representations of Contractor. 1.2.1.1.1 Independent Contractor. The Contractor represents that it is an independent contractor, competent, knowledgeable, and familiar with the type of work contemplated by this Contract. The Contractor agrees and understands that neither it nor any of its agents or employees may act in the name of the Owner except and unless specifically authorized in writing by the Owner to do so. The Contractor shall furnish construction administration and management services and use the Contractor's best efforts to perform the Project in an expeditious and economical manner consistent with the interests of the Owner. 1.2.1.1.2 Familiarity with Project. Contractor represents that it has: (a) visited and examined the Site(s), (b) taken into account local conditions and observed conditions that affect the Project, the Work, or the cost thereof, (c) investigated the labor situation related to the Project, (d) examined the superintendence of the Project, the Work, the time of completion, and other relevant matters, and (e) has taken these into consideration in submitting his bid. 1.2.1.2 Responsibility to Coordinate. Contractor acknowledges its responsibility to coordinate the Work with that of Separate Contractors to be selected for the installation of other work within the Project, or in the proximity of the Project. Contractor expressly agrees to schedule and, with the assistance of Owner, coordinate the Work with such Separate Contractors and to permit each phase of the Project to be completed on schedule. 1.2.1.3 Project Delivery. Contractor shall construct the Project in accordance with the Contract Documents, and Contractor shall deliver the Project completed in accordance with the Contract Documents, substantially free from defects, and within the Contract Time. 1.2.1.4 Contractor's Warranty as to Performance. The Contractor warrants that he is familiar with the codes applicable to the Work and that he has the skill, knowledge, competence, organization, and plant to execute the Work promptly and efficiently in compliance with the requirements of the Contract Documents. The Contractor has the obligation to keep a competent superintendent on the Work during its progress, to employ only skilled workers, and to enforce strict discipline and good order among his employees. The Contractor is responsible for seeing that the Work is installed in accordance with the Contract Documents. Failure or omission on the part of the Owner, representatives of the Owner, agents of the Owner, the Contract Compliance Specialist, engineers employed by the Design Professional, representatives of the Design Professional, or the Design Professional either to discover or to bring to the attention of the Contractor any deviation from, omission from, or noncompliance with the Contract Documents shall not be used by the Contractor or its surety as a defense for failure on his part to install the Work in accordance with the Contract Documents or for any other neglect to fulfill requirements of the Contract; neither shall the presence of any one, or all, or any of the foregoing at the Site or the fact that any one, or all, or any of the foregoing may have examined the Work or any part of the Work be used as a defense by the Contractor against a claim for failure on his part to install the Work in accordance with the Contact Documents or for any neglect to fulfill requirements of the Contract. No requirement of this Contract may be altered or waived except by Change Order. 1.2.2 Contractor’s General Duties. 1.2.2.1 Construction Staging and Construction Services. The Contractor shall provide and pay for all labor, materials, equipment, transportation, construction, resources, work, and services necessary or incidental to completing the Work for each phase of the Project in a proper and timely manner in accordance with the Contract Documents and applicable laws. 1.2.2.2 Supervision and Direction. Contractor shall supervise and direct the Work using diligent skill and attention. Contractor shall be responsible for and shall coordinate all construction means, methods, techniques, sequences, and procedures. (See Article 3.1.1 et seq.) 1.2.2.3 Enforce Discipline. Contractor shall at all times enforce strict discipline and good order among its employees, Subcontractors, and others performing the Work, and shall not employ or permit the employment of unfit persons or persons not skilled in the task assigned to them. 10 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 2 – CONTRACTOR’S GENERAL RESPONSIBILITIES AND DUTIES 1.2.2.4 Security Clearances. Where work is required within a specially secured controlled access environment, work shall be performed by personnel who have passed a security screening. 1.2.2.5 Maintain Records. Contractor shall keep Owner informed of the progress of the Work. Contractor shall maintain records of the cost for the Work pursuant to and in compliance with GASB 34 accounting requirements and such other methods as Owner may require, including complete backup documentation for all pay applications. 1.2.2.6 Answer Questions. Contractor, with reasonable promptness and in accordance with time limits set by Owner, shall answer Owner's questions and provide Owner with requested Project information. 1.2.2.7 Acts and Omissions. Employees of or Subcontractors to the Contractor shall perform the Work required by this Contract. The Contractor is responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons. 1.2.2.8 Contractor. Contractor shall, in coordination with the Design Professional, accomplish the construction of the Project, including all required submittals, and such Change Orders as may be issued. 1.2.2.9 Meetings with the Owner. Contractor shall schedule and conduct meetings with the Owner, Design Professional, Separate Contractors, and appropriate Subcontractors, not less than biweekly, for the purpose of discussing the status and progress of the Work. Such meetings shall be held as often as Owner determines. 1.2.2.10 Schedule and Coordination Meetings. Contractor shall schedule and conduct meetings as necessary with Subcontractors, Suppliers, and other appropriate Project Team Members to coordinate and schedule the Work. 1.2.3 Audit. At the request of the Owner, the Contractor shall allow the Owner the opportunity to select an auditor to examine and inspect the Project and the Contractor's books, records, and any and all accounts and similar data related to the Project. The Owner shall bear the cost of such audit. The auditor may sign a confidentiality agreement before conducting any such audit. Notwithstanding such agreement, Contractor understands and agrees that all project records are subject to the Georgia Open Records Act. 1.2.4 Employment of Georgia Citizens and Use of Georgia Products and Georgia Forest Products. Given that the Work provided for in this Contract is to be performed in Georgia, it is the wish of the Owner that materials and equipment manufactured or produced in Georgia shall be used in the Work and that Georgia citizens shall be employed in the Work at wages consistent with those being paid in the general area in which the Work is to be performed. This desire on the part of the Owner is not intended to restrict or limit competitive bidding nor to increase the cost of the Work; nor shall the fulfillment of this desire be asserted by the Contractor as an excuse for any noncompliance or omission to fulfill any obligation under the Contract. O.C.G.A. §§50-5-60 to 63 are further incorporated into the General Conditions of the Contract as expressed below: (a) No contract for the construction of, addition to, or repair of any facility, the cost of which is borne by the State, or any department, agency, commission, authority, or political subdivision thereof shall be let, unless said contract contains a stipulation therein providing that the Contractor, Construction Manager or Subcontractor shall use exclusively Georgia forest products in construction thereof, when forest products are to be used in such construction, addition or repair, and if Georgia forest products are available. (b) These provisions shall not apply when in conflict with Federal law, rules, and regulations concerning interstate commerce or construction. 11 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 3 – OWNER’S GENERAL RESPONSIBILITIES AND RIGHTS PART 3 – OWNER’S GENERAL RESPONSIBILITIES AND RIGHTS 1.3.1 Owner’s Representative. 1.3.1.1 Written Designation. The Owner shall designate, in writing, a representative authorized to act on the Owner's behalf with respect to the Project. The Owner hereby designates the party identified in the Contract as its initial authorized representative and reserves the right to designate additional or replacement representatives by written notice to the Contractor. 1.3.1.2 Accessibility. The Owner's Representative shall be readily accessible (either on site or by computer, phone, fax or otherwise), shall be well acquainted with the Project, and shall have authority promptly to render decisions and to furnish information required of, or to be provided by, the Owner hereunder. 1.3.1.3 Independent Review and Inspection. The Owner may undertake independent inspection of the installation of the Work. Such independent inspector shall operate on behalf of the Owner and shall act to protect the best interests of the Owner. 1.3.2 Design Professional. 1.3.2.1 Design Professional to Design Work. The Design Professional Contract requires the Design Professional to design and to prepare the Contract Documents, a copy of which shall be furnished to the Contractor upon request. The Design Professional Contract requires the Design Professional to designate a readily accessible representative (either on Site or by computer, phone or fax or otherwise) who shall have authority promptly to render decisions and to furnish information required of the Design Professional. 1.3.2.2 Copies of Contract Documents to Contractor. The Design Professional Contract requires that the Contractor be furnished, free of charge, up to two sets of completed Contract Documents in hard copy, one full set of reproducible drawings and electronic background floor and reflected ceiling plan drawings and, if requested, one complete copy in read-only electronic format. The Contractor may obtain such additional sets of Contract Documents as the Contractor deems necessary and shall pay the cost of reproduction of such additional sets to the Design Professional. 1.3.2.3 Contract Administration. The Design Professional shall provide periodic review of the Work to assess compliance with the Contract Documents. The Design Professional shall not review any Work in respect to safety. The Design Professional is not the agent of the Owner, but is engaged as a consultant to the Owner to assist the Owner in determining if the conditions of the contract have been met. He is the agent of the Owner only when in special instances he is authorized in writing by the Owner so to act, and in such instances he shall, upon request, show the Contractor written authority. He has authority to stop the Work whenever such stoppage may be necessary to enforce the proper execution of the Contract. 1.3.2.4 Impartial Decisions. The Design Professional is the interpreter of the conditions of the Construction Contract and the judge of its performance, in the first instance. The Design Professional shall side neither with the Owner nor with the Contractor, but shall use its powers to enforce performance by both. 1.3.2.5 Design Professional Decisions. Design Professional’s decisions must be in writing and signed by the Design Professional of Record. 1.3.2.5.1 Promptness. The Design Professional shall make decisions within fourteen calendar days after proper presentation of evidence on (1) any issue, claim, or dispute of the Owner or Contractor, or (2) a demand of the Owner or Contractor for a decision on any matter relating to the execution or progress of the Work. 1.3.2.5.2 Additional Time. If because of events beyond the Design Professional’s reasonable control, it is not able to meet the specified time period, then it should be entitled to ask the Owner for additional time, which request shall not be unreasonably denied. 1.3.2.5.3 Protests of Design Professional’s Decisions. All decisions of the Design Professional on any claim, dispute, or demand shall be final and binding on the Contractor in the absence of written notice of protest from the Contractor received by the Owner within fourteen calendar days of the date of the decision of the Design Professional is received by the contractor. See Section 5 Part 2. 12 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 3 – OWNER’S GENERAL RESPONSIBILITIES AND RIGHTS 1.3.2.6 Aesthetics. All decisions of the Design Professional on matters of aesthetics are final, conclusive, and binding on all parties if consistent with the requirements of the Contract Documents. 1.3.2.7 Succession. In case of the termination of the employment of the Design Professional, the Owner shall appoint a capable and reputable Design Professional against whom the Contractor makes no reasonable objection and whose status under the Contract shall be that of the former Design Professional. 1.3.3 Permits, Licenses, and Inspections. The Owner shall cooperate with the Contractor in obtaining building and other permits, licenses, and inspections. See also Subparagraph 2.1.2.2.3 and Article 2.1.5. 1.3.4 Testing. The Owner shall provide and pay for initial and subsequent independent construction testing as required by the Contract Documents. Laboratories for testing services shall be selected by, engaged by, and responsible to the Design Professional. In the case of tests (a) prescribed in the Contract Documents or any part thereof, or (b) requested by the Design Professional, the Contractor must give notice to the selected testing agency stating the date and the hour when he will be ready for the test to be made. In the event the test fails or the Contractor is not ready for the test, the expense of the services of the testing laboratory shall be deducted from the Contract Sum, upon notice to the Contractor by the Owner accompanied by a copy of the invoice for the testing services for the test that failed or for which the Contractor was not ready. The notice and readiness provisions of this article do not apply to verification of design mix on concrete. 1.3.5 No Partial Occupancy. There shall be no partial occupancy by the Using Agency of the Project prior to the achievement of Material Completion. This provision may be modified in the Supplementary General Conditions only for phased construction projects with stand-alone components, or may be modified by Change Order. 1.3.6 Disqualification of Potential “Pre-Qualified” Subcontractors. The Owner may disqualify for just cause any prequalified potential subcontractors identified in the Bidding Documents. Owner shall pay any difference in the cost of the Work resulting from such disqualification. 1.3.7 Owner’s Right to Perform Work. The Owner reserves the right to perform construction or operations related to the Project with Separate Contractors on the Site. If the Contractor claims that delay or additional cost is because of such action by the Owner, the Contractor shall assert such claims as provided in Section 5, Part 2 of the General Conditions. 13 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 4 – PROTECTION OF PERSONS AND PROPERTY PART 4 – PROTECTION OF PERSONS AND PROPERTY 1.4.1 Reasonable Precautions. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (a) employees performing the Work and other persons, including without limitation the General Public, who may be affected thereby; (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site, under care, custody, or control of the Contractor or the Contractor's Subcontractors; or (c) other property at or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation, replacement or other rearrangement in the course of construction. 1.4.2 Duty to Protect Property. The Contractor shall continuously maintain adequate protection of the Work from damage and shall protect all other property on the Site from damage, injury, or loss regardless of who may be the owner of said property. He shall make good any such damage, injury, or loss. 1.4.3 Safety Precautions. The Contractor shall comply with the rules and regulations of OSHA and the Department of Labor (O.C.G.A. Section §34-2-6), and, where not inconsistent with the foregoing, the "Manual of Accident Prevention in Construction" issued by the Associated General Contractors of America, Inc., for safety and prevention of accidents, and shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work arising out of and in the course of employment on work under the Contract. The Contractor alone shall be responsible for the safety, efficiency, and adequacy of his plant, appliances, and methods, and for any damage that may result from their improper construction, maintenance, or operations. He shall erect and properly maintain at all times, as required by the conditions and progress of the Work, proper safeguards for the protection of workers and the public and shall post danger warnings against any hazards created by the construction operations. The Contractor shall designate a responsible member of his organization, normally the superintendent, whose duty shall be the prevention of accidents. 1.4.4 Emergencies. In an emergency affecting the safety of persons or property or the Work or of adjoining property, the Contractor shall take reasonable precautions to prevent imminent damage, injury, or loss. 1.4.5 Fire Protection. Contractor shall take adequate and reasonable precautions to protect the Work against damage by fire and smoke. For example, without limitation, Contractor shall do the following: (a) Provide fire extinguishers or fire hoses in readily accessible locations; (b) Periodically inspect fire extinguishers, remove discharged extinguishers immediately, and replace with new or recharged extinguishers; (c) Keep fire extinguishers or fire hoses within five (5) feet of any welding or open flame operations; (d) Remove oil-soaked and paint-soaked materials, including paper and rags, from the Site daily, and more frequently as necessary, to eliminate danger of fire. (e) Prohibit workers from smoking during operations involving combustible adhesives, solvents, mastics, or other fire hazard materials. 1.4.6 Remedy Damages. The Contractor shall promptly remedy damages and loss to property at the Site caused by the Contractor, by any Subcontractor, by anyone directly or indirectly employed by the Contractor or any such Subcontractor, or by anyone for whose acts the Contractor or any such Subcontractor may be liable. Should the Contractor cause damage to any Separate Contractor‘s work, the Contractor agrees, upon due notice, to settle with the Separate Contractor. 1.4.7 Written Programs. Contractor shall have written environmental, quality control, crisis/emergency management, health and safety programs in place with a designated (qualified) coordinator as the point of contact during the project. Such plans shall be on the Site and the superintendent and the project management team shall be familiar with and utilize such programs. 14 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 5 – BONDS, INDEMNITY, AND INSURANCE PART 5 – BONDS, INDEMNITY, AND INSURANCE 1.5.1 Bonds 1.5.1.1 Performance Bond and Payment Bond. The Contractor shall furnish both a performance bond and a payment bond in the exact form set forth in Section 7, (Forms) of these General Conditions. 1.5.1.2 Required Qualifications for Surety. The Contract provides that the surety and insurance companies must be acceptable to the Owner. Only those sureties listed in the Department of Treasury’s Listing of Approved Sureties (Department Circular 570) are acceptable to the Owner. All bonds at the time of issuance must be issued by a company authorized by the Insurance Commissioner to transact the business of suretyship in the State of Georgia, and shall have a Best Policyholders Rating of "A-" or better and with a financial size rating of Class V or larger. 1.5.1.3 Penal Amount of Bonds, State Law. The Contractor acknowledges and agrees that, pursuant to O.C.G.A. §§13-10-2, 13-10-20, 13-10-40 and 13-10-60, the performance bond and the payment bond must be in a penal amount equal to at least 100% of the Contract Sum. Accordingly, the Contractor warrants and agrees that, for any Change Order increasing the Contract Sum by five percent or more or when the total cost of the work has increased by five percent or more, it shall obtain a written amendment to the payment bond and the performance bond increasing the penal amounts of both bonds to 100% of the Contract Sum, effective as of the date of the Change Order. The premium increase, if any, may be properly included in the cost of the Change Order. The Design Professional shall approve no payment for the work provided by the Change Order until the Contractor has provided the written amendment to the Owner. 1.5.2 Liability and Indemnification. 1.5.2.1 General Liability. The Contractor shall be responsible to the Owner from the time of the signing of the agreement or the beginning of the first work, whichever shall be earlier, for all injury or damage of any kind resulting from any negligent act or omission or breach, failure or other default regarding the Work by the Contractor, or any of its Subcontractors, its agents, employees or others working at the direction of the Contractor or on its behalf, regardless of who may be the owner of the property. 1.5.2.2 Indemnification Agreement. Contractor hereby agrees to indemnify and hold harmless the Owner, the State of Georgia and its departments, agencies and instrumentalities and all of their respective officers, members, employees and directors (hereinafter collectively referred to as the "Indemnitees") from and against any and all claims, demands, liabilities, losses, costs or expenses, including attorneys' fees, due to liability to a third party or parties, for any loss due to bodily injury (including death), personal injury, and property damage arising out of or resulting from the performance of this Contract or any act or omission on the part of the Contractor, its agents, employees or others working at the direction of Contractor or on its behalf., or due to any breach of this Contract by the Contractor, or due to the application or violation of any pertinent Federal, State or local law, rule or regulation. This indemnification extends to the successors and assigns of the Contractor. This indemnification obligation survives the termination of the Contract and the dissolution or, to the extent allowed by law, the bankruptcy of the Contractor. If and to the extent such damage or loss (including costs and expenses) as covered by this indemnification is paid by the State Tort Claims Trust Fund, the State Authority Liability Trust Fund, the State Employee Broad Form Liability Fund, the State Insurance and Hazard Reserve Fund, and other self-insured funds (all such funds hereinafter collectively referred to as the "Funds") established and maintained by the State of Georgia Department of Administrative Services Risk Management Division (hereinafter "DOAS") the Contractor agrees to reimburse the Funds for such monies paid out by the Funds. 1.5.2.2.1 This indemnification does not extend beyond the scope of this Contract and the work undertaken thereunder. Nor does this indemnification extend to claims for loses or injuries or damages incurred directly by the Indemnitees due to breach, negligence or default by the Indemnitor under the terms and conditions of this Contract. 1.5.2.2.2 This indemnification does not extend to claims for loses or injuries or damages incurred by the Indemnitees due to any negligent act, error, or omission of a design professional in the performance of professional services that fails to meet the applicable professional standard of care, skill and ability as employed by others in their profession. 1.5.2.3. DOAS. Risk Management will endeavor to notify affected insurers of claims made against the State that fall within this indemnity. In the event of litigation, the Attorney General will endeavor to keep the Contractor and its general liability insurer as named on the insurance certificate informed regarding the claims and settlement. 1.5.3 Insurance Requirements. 15 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 5 – BONDS, INDEMNITY, AND INSURANCE 1.5.3.1 Insurance Certificates. The Contractor shall, in accordance with 2.1.2.2, procure the insurance coverages identified below at the Contractor’s expense (e.g. within the bid price and Contract Sum) and shall furnish the Owner an insurance certificate listing the Owner as the certificate holder and as an additional insured. Evidence of insurance coverages shall be provided on the form shown in Section 7 or on a form acceptable to the Owner. The insurance certificate must provide the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) Name and address of authorized agent Name and address of insured Name of insurance company(ies) Description of policies Policy Number(s) Policy Period(s) Limits of liability Name and address of Owner as certificate holder Project Name and Number Signature of authorized agent Telephone number of authorized agent Mandatory thirty day notice of cancellation or non-renewal (except ten days for non payment). 1.5.3.2 Insurer Qualifications, Insurance Requirements. Each of the insurance coverages required below (i) shall be issued by a company licensed by the Insurance Commissioner to transact the business of insurance in the State of Georgia for the applicable line of insurance, and (ii) shall be an insurer (or, for qualified self-insureds or group self insureds, a specific excess insurer providing statutory limits) with a Best Policyholders Rating of "A-" or better and with a financial size rating of Class V or larger. Each such policy shall contain the following provisions: 1.5.3.2.1 The insurance company agrees that the policy shall not be canceled, changed, allowed to lapse or allowed to expire until thirty days after the Owner has received written notice thereof, as evidenced by return receipt of certified mail or statutory mail, or until such time as other insurance coverage providing protection equal to protection called for in this Contract shall have been received, accepted and acknowledged by the Owner. Such notice shall be valid only as to the Project as shall have been designated by Project Number and Name in said notice. 1.5.3.2.2 The policy shall not be subject to invalidation as to any insured by reason of any act or omission of another insured or any of its officers, employees, agents or other representatives ("Separation of Insureds"). 1.5.3.2.3 Each Insurer is hereby notified that the statutory requirement that the Attorney General of Georgia shall represent and defend the Indemnities remains in full force and effect and is not waived by issuance of any policy of insurance. In the event of litigation, any settlement on behalf of the indemnities must be expressly approved by the Attorney General. The Contractor and its insurance carrier may retain, but are not obligated to retain, counsel to assist with the defense of the Indemnities, in which case there will be mutual cooperation between the Attorney General and such counsel. See O.C.G.A. § 45-15-12. 1.5.3.2.4 All deductibles shall be paid for by the Contractor. 1.5.3.2.5 Self-insured retention, except for qualified self-insurers or group self-insurers, in any policy shall not exceed $100,000.00. 1.5.3.3 Required Insurance Coverages. The Contractor also agrees to purchase insurance and have the authorized agent state on the insurance certificate that the Contractor has purchased the following types of insurance coverages, consistent with the policies and requirements of O.C.G.A. §50-21-37. The minimum required coverages and liability limits are as follows: 1.5.3.3.1 Workers' Compensation Insurance. The Contractor agrees to provide at a minimum Workers' Compensation coverage in accordance with the statutory limits as established by the General Assembly of the State of Georgia. A group insurer must submit a certificate of authority from the Insurance Commissioner approving the group insurance plan. A self-insurer must submit a certificate from the Georgia Board of Workers’ Compensation stating the Contractor qualifies to pay its own workers’ compensation claims. The Contractor shall require all Subcontractors performing work under this Contract to obtain an insurance certificate showing proof of Workers' Compensation Coverage and shall submit a certificate on the letterhead of the Contractor in the following language: 16 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 5 – BONDS, INDEMNITY, AND INSURANCE This is to certify that all subcontractors performing work on this Project are covered by their own workers' compensation insurance or are covered by the Contractor’s workers’ compensation insurance. 1.5.3.3.2 Employers' Liability Insurance. The Contractor shall also maintain Employer's Liability Insurance Coverage with limits of at least: (i) (ii) (iii) Bodily Injury by Accident $1,000,000 each accident; Bodily Injury by Disease $1,000,000 each employee; and Bodily Injury/Disease Aggregate $1,000,000 each accident. The Contractor shall require all Subcontractors performing work under this Contract to obtain an insurance certificate showing proof of Employers Liability Insurance Coverage and shall submit a certificate on the letterhead of the Contractor in the following language: This is to certify that all subcontractors performing work on this Project are covered by their own Employers Liability Insurance Coverage or are covered by the Contractor’s Employers Liability Insurance Coverage. 1.5.3.3.3 Commercial General Liability Insurance. The Contractor shall provide Commercial General Liability Insurance (2001 ISO Occurrence Form or equivalent) that shall include, but need not be limited to, coverage for bodily injury and property damage arising from premises and operations liability, products and completed operations liability, blasting and explosion, collapse of structures, underground damage, personal injury liability and contractual liability. The CGL policy must include separate aggregate limits per Project and shall provide at a minimum the following limits: 1. 2. 3. 4. 5. Coverage Premises and Operations Products and Completed Operations Personal Injury Contractual General Aggregate Limit $ 1,000,000.00 per Occurrence $ 1,000,000.00 per Occurrence $ 1,000,000.00 per Occurrence $ 1,000,000.00 per Occurrence $ 2,000,000.00 per Project Additional Requirements for Commercial General Liability Insurance are shown below at Paragraph 1.5.3.3.6. 1.5.3.3.4 Commercial Business Automobile Liability Insurance. The Contractor shall provide Commercial Business Automobile Liability Insurance that shall include coverage for bodily injury and property damage arising from the operation of any owned, non-owned, or hired automobile. The Commercial Business Automobile Liability Insurance Policy shall provide not less than $1,000,000 Combined Single Limits for each accident. Additional Requirements for Commercial Business Automobile Liability Insurance are shown below at Paragraph 1.5.3.3.6. 1.5.3.3.5 Commercial Umbrella Liability Insurance. The Contractor shall provide a Commercial Umbrella Liability Insurance to provide excess coverage above the Commercial General Liability, Commercial Business Automobile Liability and the Workers' Compensation and Employers' Liability to satisfy the minimum limits set forth herein. The umbrella coverage shall follow form with the Umbrella limits required as follows: For Contract Amounts Less Than $5,000,000.00: For Contract Amounts Equal to or Greater than $5,000,000: $ 2,000,000 per Occurrence $ 4,000,000 Aggregate $2,000,000 per Occurrence $10,000,000 Aggregate Additional Requirements for Commercial Umbrella Liability Insurance are shown below at Paragraph 1.5.3.3.6. 1.5.3.3.6 Additional Requirements for Commercial Policies in Paragraphs 1.5.3.3.3 through 1.5.3.3.5 (a) The policy shall name as additional Insureds the officers, members, and employees of the Owner and the Using Agency. (b) The policy must be on an "occurrence” basis. 1.5.3.3.7 Builders Risk Insurance. Contractor shall provide a Builder’s Risk Policy to be made payable to the Owner and Contractor, as their interests may appear. The policy amount should be equal to 100% of the Contract Sum, written on a Builder’s Risk “All Risk”, or its equivalent. The policy shall be endorsed as follows: 17 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 5 – BONDS, INDEMNITY, AND INSURANCE The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy: (i) Furniture and equipment may be delivered to the insured premises and installed in place ready for use; and (ii) Partial or complete occupancy by Owner; and (iii) Performance of work in connection with construction operations insured by the Owner, by agents or lessees or other Contractors of the Owner or Using Agency In the event that the Contract is for renovation, addition or modification of an existing structure and Builders Risk Insurance is not available, the Owner will accept an Installation Floater Insurance Policy with the above endorsements in lieu of the Builders' Risk Insurance Policy. Such floater must insure loss to materials and equipment prior to acceptance by Owner and must be on an ALL RISK BASIS with the policy written on a specific job site. 1.5.3.3.8 Disposition of Insurance Documents. One original certificate of insurance with all endorsements attached must be deposited with Owner for each insurance policy required. 1.5.3.4 Termination of Obligation to Insure. Unless otherwise expressly provided to the contrary, the obligation to insure as provided herein shall not terminate until the Design Professional shall have executed the Certificate of Material Completion. 1.5.3.5 Failure of Insurers. The Contractor is responsible for any delay resulting from the failure of his insurance carriers to furnish proof of proper coverage in the prescribed form. 18 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 6 – HAZARDOUS CONDITIONS AND MATERIALS PART 6 – HAZARDOUS CONDITIONS AND MATERIALS 1.6.1 Hazardous Materials. 1.6.1.1 Definition. 1.6.1.1.1 The term "Hazardous Materials shall mean any material or substance within the meaning and definition for “Hazardous Substance” and/or “Hazardous Waste” as those terms are employed and set forth in the Georgia Hazardous Site Response Act and the Comprehensive Environmental Response Compensation and Liability Act as amended, 42 USC § 6901 et seq., and regulations promulgated thereunder (collectively "CERCLA") and any corresponding state or local law or regulation, and shall also include: (a) any Pollutant or Contaminant as those terms are defined in CERCLA; (b) any Solid Waste or Hazardous Constituent as those terms are defined by, or are otherwise identified by, the Resource Conservation and Recovery Act as amended, 42 USC § 6901 et seq., and regulations promulgated thereunder (collectively "RCRA") and any corresponding state or local law or regulation; (c) crude oil, petroleum and fractions of distillates thereof and petroleum releases ; (d) any other material, substance or chemical defined, characterized or regulated as toxic or hazardous under any applicable law, regulation, ordinance, directive or ruling, including, but not limited to, Asbestos or polychlorinated biphenyl (PCB),and, (e) any infectious or medical waste or environmental contamination as defined by any applicable federal or state laws or regulations. 1.6.1.1.2 The term “Hazardous” Materials does not include those materials that are expressly and specifically required to be installed under the Contract Documents. 1.6.1.1.3 The term “Hazardous” Materials does not include products or materials that are commonly used in construction or industrial practice so long as they are used in accordance with the manufacturer’s instructions or Material Safety Data Sheets issued for the product or materials. (See Article 1.6.3 below.) 1.6.1.2 Obligation to Notify Owner of Existing Hazardous Materials. The Contractor shall immediately notify the Owner and the Design Professional, both orally and in writing, of the presence and location of any physical evidence of, or information regarding the presence of Hazardous Materials at the Site of which it becomes aware. If the Contractor encounters Hazardous Materials on the Site the Contractor shall (i) immediately stop performance of Work or that portion of the Work affected by or affecting such Hazardous Materials; (ii) secure the contaminated area against intrusion; (iii) not disturb or remove the Hazardous Materials; (iv) not proceed, or allow any subcontractor or supplier to proceed, with any Work or other activities in the area affected by such Hazardous Materials until such materials have been properly remediated and until directed in writing to do so by the Owner; and, (v) take any other steps necessary to protect life and health and the surrounding environment. The Contractor shall be entitled to adjustment of the Contract Time and the Contract Sum pursuant to Section 5, Part 2 of these General Conditions in order to compensate for the impact of any required demolition, re-work, shutdown, delay, protection of work, disruption, and start-up resulting from the encountering of such Hazardous Materials on the Site for which the Contractor is not responsible. 1.6.1.3 Prohibition Against Selecting and Installing Products Containing Hazardous Materials. The Contractor shall not select, install or otherwise incorporate any products or materials containing Hazardous Materials within the boundaries of the Site. Should the Contractor or any Subcontractors have knowledge that, or believe that, an item, component, material, substance, or accessory within a product or assembly selected by the Contractor or any Subcontractor may contain Hazardous Materials it is the Contractor’s responsibility to secure a written certification from the manufacturer of any suspected material which identifies the specific Hazardous Material(s) contained, together with the Material Safety Data Sheets (MSDS) for such materials which shall be submitted to the Owner and Design Professional. 1.6.1.4 Fill, Backfill and Landscaping. No soil found on Site, or transported to the Site from remote locations, which contains debris or waste or Hazardous Materials shall be used for fill, backfill or landscaping topsoil. 1.6.2 Responsibility and Warranty of Subcontractors, Trade Contractors and Suppliers. Products that are specified by reference standards or in descriptive manner without a manufacturer’s name, model number or trade name, to be selected by the Contractor, shall not contain Hazardous Materials in any form, except as and to the extent permitted in 1.6.1, above, and 1.6.3, below. The Contractor shall require that each of its Subcontractors and Suppliers warrant to the Owner and Design Professional that all materials, products and assemblies, other than those which specifically and expressly required by the Contract Documents, incorporated, or submitted for incorporation into this Project, are free of Hazardous Materials. This warranty shall also include all materials, components, and accessories not specifically enumerated or detailed in the Contract Documents but which are required by performance specifications or recommended by manufacturers for complete installation of materials, products and assemblies. 19 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 6 – HAZARDOUS CONDITIONS AND MATERIALS 1.6.3 Hazardous Materials and Substances Used On the Job Site. Products containing Hazardous Materials may be employed in the performance of work by the Contractor and its Subcontractors, as allowed by subparagraph 1.6.1.1.2 and 1.6.1.1.3 above, as a means and methods application or as part of its performance of the Work, such as chemicals used on the Site, but only provided that: (i) such products are used In accordance with the manufacturer’s instructions and Material Safety Data Sheets; (ii) such products are rendered harmless upon completion of the affected Work; (iii) reasonable precautions can be and are taken to prevent foreseeable bodily injury or death to persons involved in the Work or in its proximity, including the ultimate users of the completed Work; (iv) the Contractor shall make available to the Owner and the Design Professional copies of Material Safety Data Sheets (MSDS) for any such products used on the Site, and (v), the Contractor shall immediately notify Owner, Design Professional and appropriate regulatory agencies if there is a spill or release or misuse of any such product used on the Site that exceeds State or Federal reportable limits. 1.6.4 Hazardous Conditions. The Contractor and Owner acknowledge that previously unknown hazardous conditions may be uncovered at any job site, and in particular where existing structures are being demolished and/or remodeled to accommodate new construction or to reutilize existing facilities. Should a hazardous condition not involving Hazardous Materials as set forth above be encountered on the Site, and should reasonable safety precautions be deemed by the Contractor in good faith to be inadequate to prevent foreseeable personal injury to persons encountering the hazardous condition, the Contractor shall, upon recognizing the hazardous condition, stop work in the affected area and immediately report the hazardous condition to the Design Professional and Owner in writing. The Owner shall undertake, or shall contract (by Change Order) with the Contractor or contract with a Separate Contractor, to resolve the condition. So long as the hazardous condition did not result from activities or substances brought on the Site by the Contractor, the Contractor is entitled to adjustments in the Contract Time and the Contract Sum as set forth in Paragraph 1.6.1.2 above. 20 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 7 – MISCELLANEOUS PROVISIONS PART 7 – MISCELLANEOUS PROVISIONS 1.7.1 Legal Compliance. 1.7.1.1 General. This Contract shall be governed by the law of Georgia. The Contractor shall comply with all laws, rules, regulations, ordinances, and orders of any government agency having jurisdiction in the performance of the Work and shall ensure the compliance of its Subcontractors. 1.7.1.2 Specific Laws. Without limiting the generality of the foregoing Paragraph, the following laws are specifically referenced: 1.7.1.2.1 The Drug-Free Workplace Act, O.C.G.A. § 50-24-1, et seq. 1.7.1.2.2 Preference for Georgia Supplies, materials, equipment, and agricultural products, O.C.G.A. §§50-5-60 through 61. 1.7.1.2.3 Preference for Georgia forest products, O.C.G.A. § 50-5-63. 1.7.1.2.4 Preference for local sellers of Georgia products, O.C.G.A. § 50-5-62. 1.7.1.2.5 Standards and Requirements for Construction, Alterations, etc., O.C.G.A. § 8-2-1 et seq. 1.7.1.2.6 Control of Soil Erosion and Sedimentation, O.C.G.A. § 12-7.1, et seq. 1.7.1.2.7 Regulation of Fire and other Hazards, O.C.G.A. § 25-2-1 et seq. 1.7.1.2.8 Regulation of Blasting Operations, O.C.G.A. § 25-2-1 et seq. and 25-9-1 et seq. 1.7.1.2.9 Providing safe workplace, O.C.G.A. §s 34-2-10 and 34-7-20 1.7.1.2.10 Georgia Facility Protection Act, O.C.G.A. § 25-9-1 et seq. (See Article E-12(f)) 1.7.1.2.11 High Voltage Safety Act, O.C.G.A. § 46-3-30 et seq. 1.7.1.2.12 Access and Use by Physically Handicapped Persons, O.C.G.A. § 30-3-1 et seq. 1.7.1.2.13 Small and Minority Business Enterprises, O.C.G.A. §s 50-5-120 et seq. and 50-5-130 et seq. 1.7.1.2.14 Trading with the State or State Officials, O.C.G.A. §s 45-10-20 to 45-10-71. 1.7.1.2.15 Title VII of the Civil Rights Act, 42 U.S.C. § 2000a through 2000h-6 1.7.1.2.16 Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.; 42 U.S.C. § 6101 et seq. 1.7.1.2.17 Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. 1.7.1.2.18 Federal Occupational Safety and Health Act, 29 U. S. C. § 651 et seq. 1.7.1.2.19 Federal Emergency Planning and Community Right-to-Know Act, 42 U. S. C. § 11001 et seq. 1.7.1.2.20 Georgia Open Records Act, O.C.G.A. §50-18-70 et seq. 1.7.1.2.21 Georgia Blasting Standards Act, O.C.G.A. § 25-8-1 et seq. and Blasting, Excavating Nearby Underground Gas Pipes and Utilities, 25-9-1 et. seq. 1.7.1.2.22 Scaffolding and Staging Statute, O.C.G.A. §34-1-1 et seq. 1.7.1.2.23 Department of Labor Rules and Regulations, O.C.G.A. § 34-2-6 et seq. 1.7.1.2.24 Hazardous Chemical Protection and Right to Know Act, O.C.G.A. § 45-22-2 et seq., 21 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 7 – MISCELLANEOUS PROVISIONS 1.7.1.2.25 Retainage on Public Works Contracts, 0.C.G.A. §13-10-80 et seq. 1.7.1.2.26 Compliance with “federal work authorization programs” and federal Immigration Reform and Control Act of 1986 by Georgia Public Employers, contractors and subcontractors, O.C.G.A. §13-10-90 et seq. 1.7.1.3 Building Codes. The following Building Codes, in the latest editions approved by the Georgia Department of Community Affairs, shall be used. (See O.C.G.A. §8-2-20.) The Design Professional will designate any additional codes or special modifications in the Supplementary General Conditions. As of the year 2000, these codes are published jointly by the Southern Building Code Congress International, the International Code Council, the Building Officials and Code Administrators, International, and the International Conference of Building Officials, and are commonly referred to as the International Building Codes. 1.7.1.3.1 Georgia State Minimum Standard Building Code (International Building Code, 2000 Edition) with Georgia Amendments. 1.7.1.3.2 Georgia State Minimum Standard Mechanical Code (International Mechanical Code, 2000 Edition), with Georgia Amendments. 1.7.1.3.3 Georgia State Minimum Standard Gas Code (International Fuel Gas Code, 2000 Edition), with Georgia Amendments. 1.7.1.3.4 Georgia State Minimum Standard Plumbing Code (International Plumbing Code, 2000 Edition), with Georgia Amendments. 1.7.1.3.5 Georgia State Minimum Standard Electric Code (National Electrical Code, 2002 Edition), with Georgia Amendments. 1.7.1.3.6 Georgia State Minimum Standard Energy Code (International Energy Conservation Code, 2000 Edition), with Georgia Amendments. 1.7.1.3.7 Georgia State Minimum Standard Fire Prevention Code (International Fire Code, 2003 Edition), with Georgia Amendments. 1.7.1.4 Fire, Life Safety, and Accessibility Codes. The following codes, in the versions approved by the Georgia State Fire Marshal/Fire Safety Commissioner and Department of Human Resources, shall be used. The Design Professional will designate any additional codes or special modifications in the Supplementary General Conditions. 1.7.1.4.1 Georgia State Life Safety Code (NFPA 101) 1.7.1.4.2 State Accessibility Codes (See O.C.G.A. §30-3-3) 1.7.1.4.3 Rules and Regulations of the Georgia Safety Fire Commissioner (See O.C.G.A. §§25-2-4,12.) 1.7.1.4.4 Swimming Pool Permits and Regulations (See O.C.G.A. §31-45-3, Rules and Regulations Chapter 290-5-57) 1.7.1.5 Latest Edition. The latest edition approved by the implementing agency of the regulations, rules, and codes listed in Paragraphs 1.7.1.3 and 1.7.1.4 above, with all amendments as of the date of the opening of bids, shall govern the installation of all Work and is adopted and incorporated into the Contract Documents and made a part thereof by reference, Provided, however that the drawings and specifications shall be adhered to in all cases where they call for quality of materials, quality of workmanship, or quality of construction which is equal to or in excess of the quality required by the above stated codes and Provided also: That there may be no variances from the drawings and specifications except to the extent that the said variances shall be necessary in order to comply with the above stated codes. It shall be the responsibility of the Contractor to familiarize himself with the requirements of the above stated codes. If there are any express requirements in the drawings or specifications that are at variance to the above stated codes, all changes in the Work necessary to eliminate or add to the said requirements and make the Work conform to the above stated codes shall be adjusted as provided in the Contract for changes in the Work. 22 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 7 – MISCELLANEOUS PROVISIONS 1.7.1.6 Compliance with Executive Orders Concerning Ethics. The Contractor warrants that he and his firm have complied in all respects with the Governor’s Executive Orders concerning ethics matters, including, but not limited to, Executive Order dated January 13, 2003 (establishing Code of Ethics for Executive Branch Officers and Employees, including provisions governing former officers and employees); Executive Order dated October 1, 2003 (governing vendors to state agencies and disclosure and registration of lobbyists); and O.C.G.A. Sections 21-5-70(5), 21-5-71 and 21-5-73, all as amended effective January 9, 2006 (requiring registration and disclosure filings by state agency vendor lobbyists). In this regard, the Contractor certifies that any lobbyist employed or retained by the Contractor or his firm has both registered and made the required disclosures required by the Executive Orders, as amended. 1.7.1.7 Compliance with Federal and State Work Authorization and Immigration Laws. The Contractor and all subcontractors, suppliers and consultants must comply with all federal and state work authorization and immigration laws, and must certify compliance using the form set forth in Section 7 (“Certificate of Compliance – Federal and State Work Authorization”). The required certificates must be filed with the Owner and copied maintained by the Contractor as of the beginning date of this contract and each subcontract, supplier contract, or consultant contract, and recertified as of July 15 of each year, and upon final payment to the subcontractor or consultant. State officials, including officials of the Georgia Department of Labor, officials of the Owner, retain the right to inspect and audit the Project Site and employment records of the Contractor, subcontractors and consultants without notice during normal working hours until Final Completion, and as otherwise specified by law and by Rules and Regulations of the Georgia Department of Labor. 1.7.2 Surveys, Permits, and Regulations. The Owner shall furnish all surveys unless otherwise specified. Permits and licenses of a temporary nature necessary for the prosecution of the Work shall be obtained and paid for by the Contractor. Permits, licenses, and easements for permanent structures or permanent changes in existing facilities shall be obtained and paid for by the Owner unless otherwise specified. The Contractor and its Subcontractors must pay any municipal or county occupational licenses, taxes, or fees, if any. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the Work. If the Contractor observes that the drawings or specifications are at variance with any such laws, ordinances, rules or regulations, he shall promptly notify the Owner in writing, and any necessary changes shall be adjusted as provided in the Contract for changes in the Work. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules or regulations without such notice to the Owner, he shall bear all costs arising therefrom. Nothing in this paragraph shall be construed to impose design responsibility on the Contractor except as noted in the Contract Documents. 1.7.3 Open Records Act. Owner and Design Professional and Contractor acknowledge and agree that all records of the project and the Work, including records of Subcontractors, are subject to the Georgia Open Records Act, O.C.G.A. §50-18-70 et seq., with particular attention being called to O.C.G.A. §50-18-70(a) regarding the records of private persons, firms, corporations, or other private entity engaged in performance of services or functions on behalf of a state agency, public agency or public office. 1.7.4 Use of Site. The Contractor has a revocable license to come on, use, and perform Work upon the Premises, shall confine thereto his plant, his apparatus, the staging and storage of materials, the operations of his forces and the Work to limits indicated by law, ordinances, permits, or the Contract Documents, and shall not unreasonably encumber the Premises with his materials. The Contractor shall not load or permit any part of the Work to be loaded with weight that will endanger its safety. The Contractor shall enforce Contract requirements regarding signs, advertisements, fires, and smoking and shall remove from the Premises and properly dispose all trash and debris. 1.7.5 Office for Contract Compliance Specialist (CCS). The Contractor shall provide at his expense a temporary office, services, utilities, equipment, and supplies at the Site for the use of the CCS. The office shall be a minimum of 100 square feet in size; weather-tight; and shall be provided with heat, ventilation, cooling, electric lights, adequate windows, and securable access. The following services shall be provided: at least four dual-plug 110 v. electrical outlets, two private telephone connections and local telephone service. The following equipment for the CCS’s exclusive use shall be provided: a desk with drawers, two chairs, a four drawer metal file cabinet, a plan table and rack, a telephone with messaging capability, and connection, cables/electrical surge protection for the electronic equipment and for the CCS’s computer. The following items, which may be used in common with the Contractor’s facilities, shall be provided: wet (flush) toilet, potable water and soap for hand washing, potable water suitable for drinking, access to fax machine and copier, and use of a room with table and chairs to accommodate meetings of a minimum of eight (8) people. The use of a temporary portable wet toilet with a holding tank is acceptable only when a sanitary sewer is not available on the Site. Toilet tissue and paper hand towels shall be provided at all times. At the completion of the project, all of the equipment provided will be returned to the Contractor. The Contractor is not responsible for providing the following items for the CCS: computer equipment, internet access, long distance, stationery supplies, and personal safety equipment. 1.7.6 Utilities. Pending the extension and connection of permanent water, permanent gas, permanent sewer taps, and permanent electric power, the Contractor shall obtain temporary water, temporary gas, temporary electric power, and provide 23 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 1 – GENERAL PART 7 – MISCELLANEOUS PROVISIONS sewage disposal at his own expense. In the absence of provisions to the contrary, the Contractor shall pay for all utilities services until Material Completion has been achieved. 1.7.7 Royalties and Patents. The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof. The Owner shall defend and be responsible for all such loss when a particular process or the product of a particular manufacturer or manufacturers is specified. 1.7.8 Separate Contracts. The Owner reserves the right at any time and from time to time upon notice to Contractor to perform, or cause to be performed by other Contractors, other work at the Site in connection with the development of the Project that is not contemplated hereby or that is contemplated hereby if the Contractor and the Owner shall be unable to agree upon a Change Order incorporating such work as Work of the Contractor under this Contract. In either case, the Owner shall assure that such personnel or Contractors do not cause any conflict with the Work of Contractor. Contractor shall afford the Owner and other Contractors reasonable opportunity for the introduction, protection, and storage of material and equipment at the Site and the execution of work, and shall properly connect, if required by Contract Documents, and coordinate its work with theirs. If any work by the Owner or its other Contractors increases Contractor's costs or extends the time of performance, Contractor shall be entitled upon timely claim to a Change Order for payment by Owner of any reasonable costs actually incurred by Contractor as a result thereof and to an extension of time for performance for such reasonable time as the Design Professional shall determine. Contractor has no responsibility hereunder to certify the suitability or correctness of any work performed by Owner's own personnel or other Contractors under direct contract with the Owner. This Article also applies to installation of loose equipment and fixtures by the Owner, Using Agency, or a Separate Contractor. 1.7.9 Women, and Disadvantaged Business Participation. 1.7.9.1 Good Faith Efforts. Contractor shall, to the extent consistent with quality, price, risk and other lawful and relevant considerations, use its good faith efforts to achieve participation by minority, women, and disadvantaged business enterprise participation in Work and services contracted to Contractor under this Contract. 1.7.9.2 Policy of the State of Georgia. It is the policy of the State of Georgia that minority business enterprises shall have the maximum opportunity to participate in the State purchasing process. Therefore, the State of Georgia encourages all minority business enterprises to compete for, win, and receive Contracts for goods, services, and construction. In addition, the State encourages all companies to sub-contract portions of any State Contract to minority business enterprises. It is the wish of the Owner that minority businesses be given the opportunity to propose on the various parts of the Work. This desire on the part of the Owner is not intended to restrict or limit competitive selection or to increase the cost of the Work. The Owner supports a healthy free market system that seeks to include responsible businesses and provides ample opportunity for business growth and development. 1.7.9.3 Minority Vendor Designee. The minority vendor designee of the Owner shall be specified in the Supplementary General Conditions or the Instructions to Bidders. For more information, please contact the Board of Regents’ Office of Business Development by e-mail at BusinessDevelopment@usg.edu. 1.7.10 Assignment. The Contractor shall not assign the Contract or sublet it as a whole nor shall the Contractor assign any moneys due or to become due to him hereunder. Contractors may subcontract portions of the Work, normally performed by Subcontractors. 1.7.11 Interpretation of Contract Documents. The Contract Documents shall be construed neither against nor in favor of either party, but shall be construed in a neutral manner. 1.7.12 Counterparts. This Contract may be executed in multiple counterparts. All counterparts shall constitute one and the same instrument. One (1) counterpart of this Contract shall be delivered to the Owner and one (1) counterpart to the Contractor. 1.7.13 Forms and Specimens. The forms and specimens In Section 7 are incorporated by reference herein and shall be executed in substantial conformance as required or convenient in describing obligations under the Contract Documents. 1.7.14 Entire Agreement. The Contract Documents referenced herein constitute the entire Contract between the Owner and the Contractor with respect to the Project and supersedes all prior negotiations, representations, and agreements. Except as set forth herein, there are no other promises, understandings, agreements, representations or warranties, oral or written, expressed or implied between the parties. This Contract may not be changed, modified, or terminated, in whole or in part, nor any provision waived except by Change Order. 24 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 2 – PRE-COMMENCEMENT PHASE PART 1 – PRE-COMMENCEMENT PHASE SERVICES SECTION 2 – PRE-COMMENCEMENT PHASE PART 1 – PRE-COMMENCEMENT PHASE SERVICES 2.1.1 Pre-commencement Coordination. As early as practicable and reasonably in advance of the commencement of Work on the Project, the Contractor shall schedule and conduct an initial construction coordination meeting for the purpose of determining and developing the appropriate and necessary processes and procedures for proper planning and coordination for the installation of all the Work. The meeting shall include all of the Subcontractors, Trade Contractors, , and Suppliers materially involved in such installation of the Work. The Contractor shall assure that each necessary Subcontractor involved in performance of the Work shall be present and represented by a knowledgeable person with authority to reach agreement on the coordination procedures and processes involving its portion of the Work. The Owner shall be represented at this initial meeting by the Owner’s Representative, and shall require that authorized and knowledgeable representatives of each of the separate disciplines in the design team, comprising the Design Professional and all Consultants contributing to the design preparation, shall also be present at the initial meeting. If necessary, additional meetings shall be scheduled by the Contractor with all of the affected parties to continue review and resolution of any real or apparent conflicts or interferences. 2.1.2 Construction Preparation Period. 2.1.2.1 Requirement for Project Planning. No physical work will begin on the construction site until the receipt of a Proceed Order issued by the Owner. The Contract assumes that a Proceed Order will be issued in not more than sixty days from the Effective Date of the Contract. Failure of the Contractor to provide the necessary documentation for the issuance of a Proceed Order shall not entitle the Contractor to any extension of time. If a Proceed Order is not issued within sixty days from the award of the Contract and non-issuance is due to nonperformance by the Contractor, the Contractor may be in default. 2.1.2.2 Timing of Submission of Documents. No Proceed Order shall be issued until the Owner has received, in good and proper order, the following documents. The documents shall be submitted in accordance with the following schedule: 2.1.2.2.1 Within ten days of the Notice of Apparent Successful Bid: (a) (b) Contract executed by Contractor Payment and Performance Bonds in accordance with Article 1.5.1 2.1.2.2.2 Within fourteen days of the Effective Date of the Contract: (a) (b) Proof of Insurance as required in Paragraph 1.5.3.1 List of intended Subcontractors 2.1.2.2.3 Prior to the issuance of the Proceed Order, but in any event, within sixty days of the Effective Date of the Contract: (a) (b) (c) (d) (e) (f) (g) (h) Submittal and Shop Drawing Schedule as required in Article 2.2.3 Construction Progress Schedule as required in Article 2.1.5 Documents Review Report as required in paragraph 2.1.2.3 Construction Management Plan as required in Article 2.1.3 Documentation necessary for receiving land disturbance permits, See Article 2.2.5 Contractor’s Quality Control Program as required in Article 2.1.4 Written Safety Program as required in Article 1.4.7 Contractor’s Schedule of Rental Rates and Wage Rates 25 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 2 – PRE-COMMENCEMENT PHASE PART 1 – PRE-COMMENCEMENT PHASE SERVICES 2.1.2.3 Document Review and Verification. Within one business day of receipt of the Effective Date of the Contract Contractor shall commence a review of the plans and Specifications, to identify conflicts, omissions, or constructability issues in the documents. Contractor shall prepare a report containing a list of issues and suggested modifications identified. He shall provide a copy of the report to the Design Professional and the Owner prior to the end of the Construction Preparation Period. If a fire protection sprinkler system is required, the Contractor shall submit to the Design Professional the certificate of competency of the fire protection sprinkler system Trade Contractor as required by State of Georgia Fire Protection and Safety Code. The certificate of competency shall be provided to the Design Professional prior to any work being performed on the fire protection sprinkler system. Nothing in this paragraph shall be construed to impose design responsibility on the Contractor except as noted in the Contract Documents. 2.1.3 Construction Management Plan. Contractor shall prepare and furnish to the Owner a thorough and complete plan for the management of the Project from issuance of the Proceed Order through the issuance of the Design Professional's Certificate of Material Completion. Such plan shall include, without limitation, an estimate of the manpower requirements for each trade and the anticipated availability of such manpower, a schedule prepared using the critical path method that will amplify and support the schedule required in Article 2.1.5 below, and the Submittal Schedule as required in Article 2.2.3. The Contractor shall include in his plan the names and resumés of the Project Superintendent, Project Manager and the person in charge of Safety. 2.1.4 Quality Control Program. 2.1.4.1 Responsibility for Quality of Materials and Installation. Contractor acknowledges that he has full, total, and complete responsibility for providing materials, labor, and all other items necessary for providing the level of quality specified in the Contract Documents. He agrees that this responsibility is indivisible, non-delegable, nontransferable, and not diminished by any inspections provided by the Design Professional or his consulting engineers, nor by any inspections provided by the Owner. In recognition of this, Contractor will prepare for submission and review by the Design Professional, a written program describing the efforts that will be taken to insure the proper quality level is achieved. The program shall be submitted prior to the issuance of a Proceed Order. 2.1.4.2 Written Program. Contractor’s written Quality Control Program shall describe in detail the steps the Contractor will take to ensure quality and will include, without limitation, those personnel, in addition to the Superintendent, who will provide review and verification of the proper installation of the Work. Each Subcontractor having responsibility for more than $100,000 of the contract cost shall be addressed in the plan. The written program shall include affidavits from each of the involved Subcontractors acknowledging their responsibilities under the Contract in general and the Quality Control Program specifically. 2.1.5 Construction Progress Schedule; Overall Project Schedule. The Contractor shall submit for review by the Design Professional and approval by the Owner a Construction Progress Schedule based upon the Design Professional’s Preliminary Design and Construction Schedule and prepared using a CPM (Critical Path Method) process within sixty days after the Effective Date of the Contract, utilizing a full-featured software package in a form satisfactory to the Design Professional and Owner, showing the dates for commencement and completion of the Work required by the Contract Documents, including coordination of mechanical, plumbing, and electrical disciplines, as well as coordination of the various subdivisions of the Work within the Contract. Milestones must be clearly indicated and sequentially organized to identify the critical path of the Project. The Construction Schedule will be developed to represent the CSI specification divisions. It shall have the minimum number of activities required to adequately represent to the Owner the complete scope of Work and define the Project’s (and each Phase’s if phased) critical path and associated activities. The format of the Construction Progress Schedule will have dependencies indicated on a monthly grid identifying milestone dates such as construction start, phase construction, structural top out, dry-in, rough-in completion, metal stud and drywall completion, equipment installation, systems operational, inspections for Material Completion and Occupancy Date, and Final Completion Date. The Contractor shall submit, along with the Construction Progress Schedule, the Submittal Schedule for approval by the Design Professional, correlating the associated approval dates for the documents with the Construction Progress Schedule. Upon recommendation by the Design Professional and approval by the Owner, the Construction Progress Schedule shall become the Overall Project Schedule, which shall be utilized by the Design Professional, Owner and Contractor. The Contractor must provide the Design Professional and the Owner with monthly updates of the Overall Project Schedule indicating completed activities and any changes in sequencing or activity durations, including approved change orders. See also Article 3.3.5. 26 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 2 – PRE-COMMENCEMENT PHASE PART 1 – PRE-COMMENCEMENT PHASE SERVICES 2.1.6 Progress Reports and Information. When required, the Contractor shall submit to the Owner such schedule of quantities and costs, payrolls, bills, vouchers, correct copies of all subcontracts, statements, reports, correct copies of all agreements, correspondence, and written transactions with the surety on the performance bond that have any relevance to the Work, estimates, records, and other data as the Owner may request that concerns the Work performed or to be performed under this Contract. When requested by the Owner, the Contractor shall give the Owner access to its records relating to the foregoing. (See also Article 1.2.3, Audits.) The above reports shall include, but are not limited to, (a) written notice of dates by which specified Work will have been completed, (b) written notice of dates by which NonCompliant Work will be made good, (c) written notice that Non-Compliant Work has been made good, (d) written notice as to the date or dates by which Work that has not been performed with equal steps and at the same rate required by the Overall Project Schedule shall have been brought into conformity with the Overall Project Schedule, (e) date by which any undisputed claim of a Subcontractor supplier, or laborer shall have been paid, (f) written advice regarding the nature and amount of any disputed claim of a Subcontractor, supplier, or laborer, and (g) information regarding Work performed under Change Orders. 2.1.7 Rental Rates and Wage Rates for Change Orders. As soon as is practical, but prior to the completion of the Construction Preparation Period and in any event prior to the commencement of any Work on the Site, the Contractor shall submit in accordance with the style and format of a specimen to be furnished by the Owner for consideration of the Owner the following: (1) a proposal for rental rates on heavy construction equipment that shall apply in the event Change Order Work is performed, and (2) a proposal for wage rates for the types of project labor that shall apply in the event of the execution of any Change Order Work. Under penalty of false swearing, a principal of the contracting firm shall certify that the proposal for rental rates and proposal for wage rates do not exceed current costs for like services. The Owner will in no event consider a rental rate in excess of eighty percent of the rate set forth in the latest edition of the "Compilation of Nationally Averaged Rental Rates for Construction Equipment" of the Associated Equipment Distributors unless the rates proposed in excess of eighty percent are supported by proof satisfactory to the Owner that the excess rates are reasonable. If the equipment is owned by the Contractor the costs shall be charged at a maximum of eighty percent of market monthly rental rates for the amount of time used. If applicable, transportation costs may be included. The decision of the Owner shall be final, binding and conclusive on all parties. Rental rates shall be payable only for the actual time the equipment is required on the Site. 2.1.8 Unit Prices. 2.1.8.1 During Construction Preparation Period. Prior to the completion of the Construction Preparation Period, the Contractor shall establish with the Owner Unit Prices not already bid. Examples include additional installation of stormwater management BMPs, any other anticipated Change Order Work that can utilize Unit Prices, or for any items of Work considered necessary by the Design Professional and not established in the Contract Documents. 2.1.8.2 During Construction. Upon request of the Owner the Contractor shall submit written proposals for unit prices to be applied in the event Change Order Work is authorized by the Owner to be performed under Case (b). 2.1.8.3 Calculation of Unit Prices. Unit Prices include all sums for payment, repayment, reimbursement, remittance, remuneration, compensation, profit, cost, overhead, expense, loss, expenditure, allowance, charge, demand, hire, wages, salary, tax, cash, assessment, price, money, bill, statement, dues, recovery, restitution, benefit, recoupment, exaction, or injury. Unit prices to cover the addition or reinstallation of stormwater management BMPs shall be calculated by type and linear foot. Unit Prices shall not include any Time Dependent Overhead Costs, as such costs will be added as appropriate pursuant to Section 3, Part 3. The Contractor shall certify that the Unit Prices submitted do not exceed current costs in the industry or trade for like services or materials. 2.1.9 Building Commissioning Services. The Owner may provide as a part of its testing services the Building Commissioning services involving the project’s HVAC and exhaust systems, temperature control systems, fire detection and alarm systems, emergency power and lighting system, fire suppression system, security locks and security locking control systems, food service equipment (if applicable), and laundry equipment (if applicable). In the event the Using Agency’s Program specifies additional commissioning services, the Owner shall procure such services as well. The Owner, through its Executive Administrator, may engage an independent Commissioning Authority. It is the intent of this Article that the Commissioning Authority enforce the requirements mentioned herein and certify that the systems and equipment listed all function properly prior to the initiation of each final inspection. 2.1.9.1 Initial Building Commissioning Plan. The Owner may develop with its Commissioning Authority, the Contractor and the Design Professional, an initial Building Commissioning plan to consist of the following: 27 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 2 – PRE-COMMENCEMENT PHASE PART 1 – PRE-COMMENCEMENT PHASE SERVICES 2.1.9.1.1 The Building Commissioning Plan shall include a summary of understanding of the design intent for each of the relevant building systems and equipment. Each design intent summary shall establish critical performance criteria that indicates whether a system is properly functioning. 2.1.9.1.2 The Building Commissioning Plan shall include a commissioning schedule listing the duration of each commissioning activity such as system and equipment manual submittal and approval, equipment start-up, and system and equipment training, and combining all such activities in a manner reflecting the inherent subsidiary relationships between activities. This schedule shall be used as a basis for accomplishing the commissioning portion of the Overall Progress Schedule. 2.1.9.2 Define Duties. The Contractor, in coordination with the Commissioning Authority and the Design Professional, shall during preparation of the Contract Documents clearly define all duties and activities required of the various Trade Contractors relating to Building Commissioning, any necessary order in which these activities and duties must take place, and define all critical performance criteria to be achieved. 2.1.9.3 Inspect, Review and Monitor. The Commissioning Authority shall inspect, review and monitor all Building Commissioning related construction activities for timeliness, completeness and conformance with the criteria established by the contract documents, and report same to the Contractor, Owner and the Design Professional. The Contractor and Commissioning Authority shall coordinate and supervise the training activities of each system. 28 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 2 – PRE-COMMENCEMENT PHASE PART 2 – CONTRACT DOCUMENTS AND SITE PLAN PART 2 – CONTRACT DOCUMENTS AND SITE PLAN 2.2.1 Contract Documents. 2.2.1.1 Familiarity with Contract Documents. Contractor represents that it has reviewed or will review and become familiar with the Contract Documents, not later than the commencement of the construction phase. 2.2.1.2 Identification of Construction Documents. The Design Professional shall identify the Construction Documents, which shall include, but are not limited to, the Specifications, the Drawings, and all Addenda. The Construction Documents are included within the Contract Documents. 2.2.1.3 Correlation and Intent. It is the intention of the Owner, Design Professional, and Contractor that the Construction Documents include all items necessary for proper execution and full and final completion of the Work. The Contract and Construction Documents (the Contract Documents) are complementary, and what is required by one is as binding as if required by all. Performance by the Contractor is required to the extent consistent with and reasonably inferable from the Contract Documents as being necessary to produce the design intent as expressed in the Contract Documents. The intention of the Owner and the Design Professional is that the Contract and Construction Documents include all labor and materials, equipment, and transportation necessary for the proper execution of the work. It is not intended, however, that materials or work not covered by or properly inferable from any heading, branch, class, or trade of the specifications shall be supplied unless noted on the drawings. 2.2.1.4 Arrangement. of Specifications. The Specifications are separated into numbered and titled divisions for convenience of reference. Neither the Owner nor the Design Professional shall assume any responsibility for defining the limits of any subcontracts on account of the arrangement of the Specifications. Notwithstanding the appearance of such language in the various divisions of the Specifications as, "The Plumbing Contractor,” "The Electrical Contractor," "The Roofing Contractor," etc., the Contractor is responsible to the Owner for the entire Contract and the execution of all of the Work referred to in the Contract Documents. No partial sets of Bidding Documents shall be issued by the Design Professional. Any partial documents issued by the Contractor shall be the responsibility of the Contractor. 2.2.1.5 Conflicts. The following general principles shall govern the settlement of disputes that may arise over conflicts in the Contract Documents: (a) as between figures given on drawings and the scaled measurements, the figures shall govern; (b) as between large-scale drawings and small-scale drawings, the larger scale shall govern; (c) as between the Contract and the Specifications, the requirements of the Contract, as executed, shall govern. Conflicts noted shall be reported to the Design Professional. The principles set forth herein shall not alter the provisions of Paragraph 1.1.7.1. Schedules, lists, indexes, tables, inventories, written instructions, written descriptions, summaries, statements, classifications, Specifications, written selections, or written designations, although appearing on the drawings, are deemed to be and are Specifications. 2.2.1.6 Requests for Information (RFI). In the event the Contract Documents are not complete, definite, and clear, the Contractor shall request the Design Professional in writing for additional instructions and shall furnish the Owner a copy of the RFI. With reasonable promptness but not more than five days thereafter, the Design Professional shall furnish complete, definite, and clear instructions in writing, or by means of drawings, or both. In the event such additional instructions are given orally for expediency, they shall be confirmed in writing or by drawings or both within five days following the oral instructions. Any such additional instructions shall be consistent with the Contract Documents and reasonably inferable therefrom. The Work shall be executed in conformity with the aforesaid instructions. The Design Professional shall furnish the Owner a copy of all additional instructions issued to the Contractor. If, because of events beyond its reasonable control, the Design Professional is not able to meet the specified time period, then it is entitled to ask for additional time from the Owner. 2.2.1.7 Effect of Addenda, Bulletins, and Change Orders. No special implication, interpretation, construction, connotation, denotation, import, or meaning shall be assigned to any provision of the Contract Documents because of changes created by the issuance of any (1) Addendum, (2) Bulletin, or (3) Change Order other than the precise meaning that the Contract Documents would have had if the provision thus created had read originally as it reads subsequent to the (1) Addendum, (2) Bulletin, or (3) Change Order by which it was created. 29 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 2 – PRE-COMMENCEMENT PHASE PART 2 – CONTRACT DOCUMENTS AND SITE PLAN 2.2.1.8 Intellectual Property Rights in Construction Documents, Drawings, and Models. The drawings, Specifications and other documents prepared by the Design Professional pursuant to this Contract (including, without limitation, the Construction Documents), are the property of the Owner, whether or not the Project for which they are made commences or completes construction. Neither the Contractor nor any Subcontractor or material or equipment supplier shall own or claim a copyright in such drawings, Specifications, and other similar or related documents; Owner shall retain all common law, statutory, and other intellectual property rights with respect thereto. The Contractor must deliver remaining copies of such documents to the Owner upon request or upon completion of the Work, except that the Contractor may keep one copy of such documents for its files. The Contractor shall only use such drawings, Specifications and other documents for this Project. Neither the Contractor nor any Subcontractor or material or equipment supplier may use such drawings, Specifications, and other documents on other projects without the specific written consent of the Owner. All models are the property of the Owner. 2.2.2 Documents at the Project Site. 2.2.2.1 Drawings and Specifications at the Project Site. The Contractor shall keep at the Site at least one copy of the Contract Documents and Change Orders, all in good order and available to the Design Professional and to his representatives. 2.2.2.2 Recording Changes. The Contractor shall record all changes and shall annotate a copy of the drawings to reflect the as-built condition as required in Paragraph 1.1.7.3 above. 2.2.3 Submittals. Submittals required by the Contract Documents shall be prepared specifically for the Work by the Contractor to illustrate some portion of the Work. Submittals are not Contract Documents. 2.2.3.1 Submittal Schedule. Within sixty days after the Effective Date of the Contract, the Contractor shall prepare and submit a Submittal Schedule for review and approval of the Design Professional. In establishing the Submittal Schedule the Contractor shall take into account large submittal documents that will require longer review times, e.g., submittals with over fifty sheets of drawings. The Design Professional’s approval shall be based on conformance of the Submittal Schedule with the Overall Project Schedule, subject to change from time to time in accordance with the progress of the Work. 2.2.3.2 Submission and Approval. The Contractor’s Submittals must comply with the Contract Documents. The Contractor shall review and approve all Submittals prior to submission. The Contract Documents shall specify when shop drawings or submittals require the seal of a specialty consultant. The Contractor shall submit copies of Submittals as required by the Contract Documents for the Work of the various trades. The Design Professional shall review, approve, or take other appropriate action with respect to shop drawings, samples, or other submissions of the Contractor, including, but not limited to, confirming conformance with the design concept of the Project and with the Contract Documents. The Design Professional shall respond to and return said items to the Contractor within fourteen calendar days from receipt provided that the Submittals are submitted by the Contractor in accordance with the required Submittal schedule. The Design Professional shall review and give comment or approval to Submittal schedule within fourteen calendar days from receipt. Large submittal documents may require longer review times, e.g., submittals with over fifty sheets of drawings. If, because of events beyond its reasonable control, the Design Professional is not able to meet the specified time period, then it is entitled to ask for additional time from the Owner. The Contractor shall make all corrections required by the Design Professional and furnish such corrected copies as may be needed. If the Contractor believes that any corrections required by the Design Professional constitute a change to the contract, the Contractor shall immediately notify the Design Professional and Owner and request instructions. By forwarding the approved Submittals to the Design Professional, the Contractor represents that the Contractor has determined and verified materials, field measurements, and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such Submittals with the requirements of the Work and of the Contract Documents. The Design Professional’s approval of Submittals shall not relieve the Contractor from the responsibility for errors of any sort in Submittals or schedules. The Contractor shall perform no portion of the Work for which the Contract Documents require Submittals until the Design Professional has approved the respective Submittal. The Contractor shall maintain at the Site one copy of all approved Submittals. 2.2.3.3 Cost of Additional Review. The Design Professional shall be responsible for an initial and one subsequent review of the Submittal. Where the subsequent Submittal is not accepted due to noncompliance with the Contract Documents, the Contractor shall be responsible for payment for the additional time required by the Design Professional to complete the Submittal review. 30 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 2 – PRE-COMMENCEMENT PHASE PART 2 – CONTRACT DOCUMENTS AND SITE PLAN 2.2.4 Manufacturer's Recommendations. All work or materials shall be installed in accordance with the manufacturer's recommendations and requirements. The Contractor shall obtain the manufacturer’s recommendations and requirements, for its use at the Site in executing the Work, copies of bulletins, circulars, catalogues, or other publications bearing the manufacturer’s titles, numbers, editions, dates, etc. If the manufacturer’s recommendations and requirements are not available, the Contractor shall request installation instructions from the Design Professional. 2.2.5 Site Plan. 2.2.5.1 General. The Design Professional is responsible for providing the initial sealed Site Plan as a part of the Bidding Documents. During the Pre-Commencement phase, the Contractor shall review the initial Site Plan and make and submit recommendations for any changes to the initial Site Plan. The Contractor is required to obtain the land disturbance permit(s) applicable to the Owner that implement the National Pollution Discharge Elimination System (NPDES) requirements for stormwater management for construction activities from the appropriate issuing authority. Compliance requires that there be properly designed Best Management Practices (BMPs), properly installed BMPs, and inspection and maintenance of the installed BMPs. 2.2.5.2 Implementation. The Design Professional will depict upon the Site Plan its initial recommendations as to elements of the erosion, sedimentation, and pollution control plan, specifying his recommended design of BMPs for the Project, including stormwater management facilities, and other like matters. It is the Contractor’s responsibility to review the design of the BMPs and submit any changes to the plan, including the Contractor’s desired use of entrances to the Site, Contractor’s trailer(s) location, laydown areas and other similar matters affecting the design and implementation of the BMPs. The Design Professional and Contractor shall arrive at a final sealed Site Plan for submission to the permitting officials that enables the land disturbance permitting of the Project. The Design Professional and Contractor shall resolve with the local permitting official any deficiencies by the end of the Pre-commencement period. 2.2.5.3 Installation, Inspection, and Maintenance. The Contractor is responsible for installation and maintenance of the BMPs as a part of its Bid. The Design Professional shall obtain the services of a qualified testing laboratory to inspect the BMPs in accordance with the permits, the costs of such inspections to be borne by the Owner. In the event of Abnormal Weather Conditions or force majeure, the Contractor shall be compensated for re-installation of BMPs at established Unit Prices. 2.2.6 Geological and Archeological Specimens. If, during the execution of the Work, the Contractor, any Subcontractor, or any servant, employee, or agent of either should uncover any valuable material or materials, such as, but not limited to, treasure trove, geological specimens, archival material, archeological specimens, or ore, the Contractor acknowledges that title to the foregoing is vested in the Owner. The Contractor shall notify the Owner upon the discovery of any of the foregoing, shall take reasonable steps to safeguard it, and seek further instruction from the Design Professional. Any additional cost incurred by the Contractor shall be addressed under the provision for changed conditions. The Contractor agrees that the Geological and Water Resources Division and the Historic Preservation Division of the Georgia Department of Natural Resources may inspect the Work at reasonable times. 31 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 3 – CONSTRUCTION PHASE PART 1 – CONSTRUCTION PHASE SERVICES SECTION 3 – CONSTRUCTION PHASE PART 1 – CONSTRUCTION PHASE SERVICES 3.1.1 Basic Construction Services. 3.1.1.1 Requirement to Commence Work. The Contractor shall under all circumstances commence work under this Contract no later than ten days after the Proceed Order Date of the Proceed Order. 3.1.1.2 Payment for Services and Work. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, labor, services, water, tools, equipment, light, power, transportation, and other utilities and facilities necessary for the proper execution and completion of the Work. 3.1.1.3 Quality of Materials and Workmanship. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials and work. The burden of proof is on the Contractor. 3.1.1.4 Quality and Discipline of Employees. The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on the work any unfit person or anyone not skilled in the work assigned to him. 3.1.1.5 Failure of the Contractor to Supply Workmen. A Notice of Non-Compliant Work may be issued for failure of the Contractor to supply enough workers or enough materials or proper materials. 3.1.1.6 Superintendence and Supervision by Contractor. 3.1.1.6.1 Supervision by Contractor. The Contractor shall give efficient supervision to the work, using his best skill and attention. He shall carefully study and compare all drawings, specifications, and instructions and shall at once report to the Design Professional any error, inconsistency, or omission that he may discover, but he shall not be held responsible for their existence or discovery. 3.1.1.6.2 Superintendent of Contractor. The Contractor shall keep on this work during its progress and until the Final Certificate has been executed by the Design Professional a competent Project Superintendent and any necessary assistants, all satisfactory to the Design Professional and Owner. The Project Superintendent shall not be changed except with the consent of the Owner and the Design Professional unless the superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The superintendent represents the Contractor and all directions given to the superintendent shall be as binding as if given to the Contractor. If the Contractor terminates the Project 3.1.1.6.3 Replacement Project Superintendent. Superintendent or, if the Contractor, for any reason, engages a Project Superintendent different from the one originally assigned to the Project, Contractor must ensure that the replacement Project Superintendent has similar qualifications and experience as the originally identified Project Superintendent. Furthermore, the Contractor must obtain the Owner's prior written approval before engaging a permanent replacement Project Superintendent. 3.1.2 Measurements and Dimensions. Before ordering material or doing work that is dependent upon coordination with building conditions, the Contractor shall verify all dimensions, elevations, grades, and pitch by taking measurements at the building and shall be responsible for the correctness of same. Any discrepancies between the drawings and/or specifications and the existing conditions shall be referred to the Design Professional for additional instructions before any work affected thereby is begun. 3.1.3 Rain Water, Surface Water, and Back-up. The Contractor shall protect all Work, including but not limited to, excavations and trenches, from rainwater, surface water, and back up of drains and sewers. The Contractor shall furnish all labor, pumps, shoring, enclosures, and equipment necessary to protect and to keep the Work free of water. 3.1.4 Dust Control. Dust-proof enclosures or partitions for protection wherever dusty or dirty work is performed and dampening of debris to avoid dusting when removed shall be provided and included as a cost of the work. 3.1.5 Cutting, Patching, and Fitting. The Contractor shall do all cutting, patching, and fitting of the Work that may be required to make its several parts come together properly and fit. 32 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 3 – CONSTRUCTION PHASE PART 1 – CONSTRUCTION PHASE SERVICES 3.1.6 Space Conditions. All pipes passing through floors, walls, and ceilings shall be installed with sufficient space between them to permit installation of pipe insulation and floor, wall, and ceiling plates without cutting of insulation or plates. Roughed-in dimensions shall be prepared by the Contractor to accomplish this requirement. The Contractor shall locate all equipment that must be serviced, operated, or maintained in fully accessible positions. This provision includes but is not limited to valves, traps, cleanouts, motors, controllers, switchgear, drain points, filter, access doors, and fire dampers. If spaces, dimensions, or other design conditions do not permit compliance with the present article, the Contractor shall file a request in writing with the Design Professional for additional instructions, furnishing a copy to the Owner. 3.1.7 Cleaning Up. 3.1.13.1 During Construction. At all times, the Contractor shall keep the premises free from accumulations of waste material or rubbish caused by his employees, Trade Contractors, or work. Periodically during the course of the Work he shall remove all his rubbish from and about the building and all his tools, scaffolding, and surplus materials and shall leave his work "broom-clean" or its equivalent, unless more exactly specified. Prior to Final Completion by a Trade Contractor of any Trade Contract, Contractor shall require the Trade Contractor to remove from the Work and Site all temporary systems, tools, equipment, machinery, and surplus materials not required for the continued performance of any Work under the Trade Contract or this Contract. In case of dispute, after 48 hours written notice the Owner may remove the rubbish and charge the cost to the Contractor. 3.1.13.2 Prior to Material Completion. Prior to the inspection for Material Completion of the Project Contractor shall remove from the Site all wastes and rubbish, clean all tile and glass surfaces, replace broken glass, remove stains, paint spots, and clean and polish all plumbing fixtures and equipment, leave the Work “vacuum clean” or its substantial equivalent, all hard surface floors swept and mopped, all carpeted floors vacuumed, all surfaces other than floors dusted, blower dusted, or wiped (depending on type of surface) and surface blemishes cleaned, all glazing washed [both sides], and all electrical and mechanical equipment and fixtures cleaned, with all ductwork cleaned and filters replaced, if such are dirty, before other cleaning is started, and re-cleaned if any dust or dirt has gotten into the ductwork during the cleaning process. The Contractor shall restore existing facilities such as roads, other paved surfaces, fencing, curbing and the like at the Site to at least their preconstruction conditions; provided, however, the Contractor may, in an orderly fashion, leave such equipment and supplies at the Site as necessary to achieve Final Completion of the Project. This cleaning must be completed before the Contractor can expect the Design Professional to commence the inspection for Material Completion. To achieve Material Completion, the Contractor shall have fully cleaned the Site – all debris must have been removed from the site and all paved surfaces must have been broom swept and thoroughly hosed down. 3.1.8 Duty of Contractor to Report Defects. If any part of the Contractor’s work depends for proper execution or results upon the work of any Separate Contractor to the Owner, the Contractor shall inspect and promptly report to the Design Professional any apparent defects in such work that render it unsuitable for such proper execution and results. 3.1.9 Duty of Contractor to Report Conflicts. To ensure the proper execution of his subsequent work, the Contractor shall measure work already in place and shall at once report to the Design Professional any discrepancy between the executed Work and the drawings or specifications. 33 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 3 – CONSTRUCTION PHASE PART 2 – CHANGES TO THE WORK PART 2 – CHANGES TO THE WORK 3.2.1 Acknowledgement of Existing Physical Conditions. In undertaking the work under this Contract, the Contractor acknowledges that he has visited the premises and has taken into consideration all open and apparent conditions that might affect his work. No claim based on lack of knowledge of existing conditions shall be allowed unless the existing physical conditions cannot be discovered by a reasonably observant person. Any claims relating to conditions that are materially different from the Contract Documents that were not open and apparent may be adjusted as provided in this Part. 3.2.2 Owner’s Right to Make Changes. Without invalidating the Contract, the Owner, by Change Order and without notice to the sureties, may authorize or order extra work or changes by altering, adding to, or deducting from the Work or the Contract Time, the Contract Sum being adjusted accordingly. All Change Orders shall be performed under the conditions of the original Contract except that any claim for extension of time caused thereby shall be adjusted at the time of signing of the Change Order. (See Change Order formats in Section 7.) Prior to the issuance of the Proceed Order, the Contractor and the Owner shall advise each other in writing of their designees authorized to accept and approve changes to the Contract Sum and the limits to each designee's authority. Should any designee or limits of authority change during the time this Contract is in effect, the Contractor or Owner shall give written notice to the other as provided in Article 1.1.5. There is no legal limitation on the Owner’s right to make changes such as may be, in the Owner’s sole discretion, useful or desirable to the Project. 3.2.3 Changes Forbidden without Consent of Owner. Neither the Design Professional nor the Contractor shall make any change whatsoever in the work without an approved Change Order. In the absence of an approved Change Order, the Contractor shall have no claim for payment, repayment, reimbursement, remittance, remuneration, compensation, profit, cost, overhead, expense, loss, expenditure, allowance, charge, demand, hire, wages, salary, tax, cash, assessment, price, money, bill, statement, dues, recovery, restitution, benefit, recoupment, exaction, injury, damages, or time based upon or resulting from any change. The provisions of this Article do not apply to emergencies as described in Article 1.4.4. 3.2.4 Form and Execution of Change Orders. 3.2.4.1 The Change Order. The Change Order is the instrument by which adjustments in the Contract Sum and the Contract Time are effected. The Change Order shall be accompanied by a breakdown as set forth in Paragraph 3.2.7.4. The breakdown is for the purpose of enabling the Design Professional and the Owner to make a judgment on the dollar amount of the adjustment in the Contract Sum and is not a part of the Change Order. No condition, term, qualification, limitation, exception, exemption, modification, or proviso, except as set forth in this Part, shall appear in the breakdown. Only such conditions, terms, qualifications, limitations, exceptions, exemptions, modifications, and provisos as are permitted under this Part are valid. The Design Professional shall certify to the dollar amount and description of the adjustments permitted by the Change Order. 3.2.4.2 Execution of Change Orders. Change Orders shall be signed by the Contractor, ordinarily certified by the Design Professional, and approved by the Owner in accordance with the form of Change Order prescribed by the Owner. No request for payment by the Contractor for a Change Order shall be due, nor shall any such request appear on an Application for Payment, until the Change Order is executed by the Owner. In the event of emergency (see Article 1.4.4) or significant impact to the Overall Project Schedule, the Owner shall direct the Change Order to proceed upon a Force Account until the cost and time is resolved in the manner set forth in Paragraph 3.2.7.3 below. 3.2.4.3 Disagreement between Design Professional and Contractor. 3.2.4.3.1 As to Contract Sum. Should the Design Professional disagree with the Contractor as to the amount of the adjustment to the Contract Sum and such disagreement is not resolved between them within seven days, the Owner, if it desires the Change Order work to proceed, may direct a Change Order for Force Account or Indeterminate Units. 34 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 3 – CONSTRUCTION PHASE PART 2 – CHANGES TO THE WORK 3.2.4.3.2 As to Contract Time. Should the Design Professional disagree with the Contractor as to the amount of the adjustment to the Contract Time and such disagreement not be resolved between them within seven days, the decision of the Design Professional as to any adjustment in the Contract Time, including any designation by the Design Professional of such time as is eligible for Time Dependent Overhead Costs, shall be final, subject to protest to the Owner of the Design Professional’s decision as set forth in Section 5 Part 2. 3.2.4.3.3 As to Other Disagreements. Should the Design Professional disagree with the Contractor as to matters other than Contract Sum or Contract Time, the dispute shall be resolved by the Owner as set forth in Section 5, Part 2. 3.2.4.4 Change Order Conditions. All Change Orders are issued under the following conditions and shall contain the following language as appropriate: 3.2.4.4.1 For Lump Sum Change Order: The payment and extension of time (if any) provided by this Change Order constitutes compensation in full to the Contractor and its Subcontractors and Suppliers for all costs and markups directly and indirectly attributable to the Change Order herein, for all delays related thereto and for performance of changes within the time stated. 3.2.4.4.2 For Force Account or Indefinite Amount Change Order: The payment and extension of time (if any) provided by this Change Order constitutes interim compensation to the Contractor and its Subcontractors and Suppliers for actual costs and markups directly and indirectly attributable to the Change Order herein, for all delays related thereto and for performance of changes within the time stated. 3.2.4.4.3 For All Change Orders: Any changes or reservations by the Contractor to the representations and releases in the Change Order, or refusal of the Contractor to execute the Change Order, shall be a material breach of this Contract that may be sufficient cause to issue a declaration of default. 3.2.5 All Cost and Time Impacts to be Included. Each Change Order shall include all time and monetary impacts of the change. Failure to include a change in Contract Time or in Contract Sum in Change Orders shall be considered a zero price/zero time Change Order and shall waive any change in Contract Time and Contract Sum. Commencement of Work upon a Change Order is conclusive proof that the Contractor accepts the Change Order. 3.2.6 Changes in Contract Time. All Change Orders must state that the Contract Time and the Material Completion and Occupancy Date either are not changed or are increased or decreased by a specific number of Days. The CONTRACTOR must provide written justification for the extension to the Design Professional and to the Owner. The written justification must demonstrate an anticipated actual increase in the time required to complete the Work beyond that allowed by the Contract as adjusted by prior Change Orders to the Contract. No extension to the Contract Time shall be allowed unless the additional or changed Work increases the length of the critical path beyond the Material Completion and Occupancy Date. If approved, the increase in time required to complete the Work shall be added to the Contract Time. The Owner may decrease, by Change Order, the Contract Time when an Owner-requested deletion from the Work results in a decrease in the actual time required to complete the Work as demonstrable on the critical path of the Construction Progress Schedule. Eligibility and processing requirements for Time Dependent Overhead Costs for compensable delay is addressed in Article 3.3.8 and 3.3.10. 3.2.7 Determining the Cost to Owner for Changes. The cost to the Owner of any change shall be determined in one or more of the following ways: 3.2.7.1 Lump Sum. The Change Order cost is determined by mutual agreement as a lump sum amount changing the Contract Sum allowed for completion of the Work. The Change Order shall be substantiated by documentation itemizing the estimated quantities and costs of all labor, materials and equipment required as well as any mark-up used. The price change shall include the cost percent allowed for the Contractor's overhead and profit and, if eligible, Time Dependent Overhead Costs. 3.2.7.2 Unit Price Work. The Change Order cost is calculated by using unit prices and calculating the number of net units of Work in each part of the Work that is changed, either as the Work progresses or before Work on the change commences, and by then multiplying the calculated number of units by the applicable unit price set forth in the Contract or multiplying by a mutually agreed unit price if none was provided in the Contract. No 35 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 3 – CONSTRUCTION PHASE PART 2 – CHANGES TO THE WORK additional percentage markup for overhead or profit shall be added to the unit prices as this markup is included within the unit prices. Time Dependent Overhead Costs will be added if eligible. 3.2.7.3 Force Account. The Change Order cost is accomplished by Force Account in the event the Contractor and Design Professional cannot agree on the cost of the Change Order or the cost cannot be reasonably determined prior to beginning the Work. 3.2.7.3.1 A Force Account is the establishment by the Owner’s Incumbrance Record of a maximum dollar amount (Stipulated Maximum Sum) beyond which no changed work may be undertaken, subject to amendment, for funding all costs of a Change Order. As the Work authorized by the Change Order progresses, the Contractor must provide an accounting of actual costs incurred in accomplishing the Work. The accounting must include an annotated copy of the Overall Project Schedule to accurately show the status of the Work at the time the Change Order utilizing a Force Account is issued, to show the start and finish of the changed Work, and to show the status of the Work when the changed Work is completed. 3.2.7.3.2 Actual costs, except as otherwise agreed to in writing by the Owner, shall not exceed those prevailing for the trades or crafts, materials, and equipment in the locality of the Project, may include only those items listed as allowable in Article 3.2.9, and shall not include any of the costs listed as not allowable in Article 3.2.10. The Owner shall be permitted, on a daily basis, to verify such records and may require such additional records as are necessary to determine the cost of the change to the Work. 3.2.7.3.3 The Owner shall prescribe the dollar limit for a Force Account in writing by authorizing a Stipulated Maximum Sum of money to be committed toward execution of the said change, and the Contractor shall have no authority to perform any change that will cost the Owner in excess of the Stipulated Maximum Sum. The Stipulated Maximum Sum shall be based on the estimated cost of the Work and the Contractor's allowance for overhead and profit as set forth in 3.2.8 below, including any time extension, Time Dependent Overhead Costs (if eligible), and a reasonable contingency. It shall be the sole responsibility of the Contractor to apply in writing to the Owner, NOT to the Design Professional, for an increase in the Stipulated Maximum Sum if the total value of the Work is approaching and might exceed the Stipulated Maximum Sum. 3.2.7.3.4 Within fourteen days of the conclusion of such Work ordered by Force Account, the Contractor and the Owner shall arrive at the total lump sum cost for the Change Order. Such lump sum cost shall be incorporated into and finalize the Change Order, and shall reference and close the Incumbrance Record establishing the Force Account. 3.2.7.4 Breakdown of Expenditures. The Contractor shall review any Owner requested or directed change and shall respond in writing within fourteen calendar days after receipt of the proposed change (or such other reasonable time as the Owner may direct), stating the effect of the proposed change upon his Work, including any increase or decrease in the Contract Time and Sum. The Contractor shall furnish to the Owner and the Design Professional an itemized breakdown of the quantities and prices and expenditures for labor and materials used in computing the proposed change in Contract Sum, in the form prescribed by the Owner, and the breakdown shall be accompanied by the following declaration: I do solemnly swear to the best of my knowledge, information, and belief, that the costs shown hereinabove do not exceed current costs for like services or materials in the locality of the Project and, in the case of a Force Account, the costs represented do not exceed the actual costs to the Contractor; and that the quantities shown do not exceed actual requirements. The Contractor shall obtain and furnish as back up to the Contractor’s breakdown a separate breakdown for each subcontractor's charges prepared by each subcontractor on the letterhead of the subcontractor and properly signed by the subcontractor. The Owner shall review the Contractor’s proposal and respond to the Contractor within fourteen days of receipt. 36 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 3 – CONSTRUCTION PHASE PART 2 – CHANGES TO THE WORK 3.2.8 Cost Allowable for Changes to the Work, Allowances for Contractor, and Permissible Expenditures. 3.2.8.1 Overhead and Profit. The percentage for overhead and profit to be used in calculating additive changes in the Work (not including changes covered by unit prices) shall not exceed the percentages for each category listed below. Said percentages for overhead and profit shall be applied only on the net cost of the changed Work, (i.e., the difference in cost between original and revised Work). 3.2.8.1.1 Contractor. If the Contractor does all or part of the changed Work with employees that work directly for the Contractor, its markup for overhead and profit on the changed Work the Contractor performs with its employees shall be twenty-five percent of the first $50,000 of the net Allowable Costs, and twenty percent of the remaining net Allowable Costs, if any. 3.2.8.1.2 Subcontractor. If a Subcontractor does all or part of the changed Work with employees that work directly for the Subcontractor, the Subcontractor's markup for overhead and profit on the Work the Subcontractor performs with its employees shall be twenty-five percent of the first $50,000 of the net Allowable Costs, and twenty percent of the remaining net Allowable Costs, if any. Determination of a Subcontractor’s extended overhead costs, if any, is the responsibility of the Contractor. 3.2.8.1.3 Contractor’s Markup on Subcontractor’ Work. The Contractor's management markup on the subcontractor's net additional allowable expenditures shall be seven and one half percent. The Contractor shall not be permitted the overhead and profit markup on Time Dependent Overhead Costs, but shall be permitted a management markup of five percent on Time Dependent Overhead Costs. 3.2.8.1.4 Second and Lower Tier Subcontractor. If a Subcontractor at any tier does all or part of the changed Work with its employees, the Subcontractor's markup on the Subcontractor’s work with its employees shall be twenty-five percent of the first $50,000 of the cost, and twenty percent of the remaining cost, if any. The management markup of a Subcontractor's work by the Contractor and all intervening tiers of Subcontractors shall not exceed seven and one half percent for the Contractor and any Subcontractor, or a total of fifteen percent for the changes to the Work. 3.2.8.2 The above percentages shall be applied to the net Allowable Costs, if any, as limited and defined in this Part. If the net difference between Allowable Costs and credits to the Owner results in a decrease in the Owner’s cost, the amount of credit allowed the Owner shall be the net decrease without any allowance for profit and overhead. Other than any eligible Time Dependent Overhead Costs, all costs that are not Allowable Costs in Article 3.2.9 or are disallowed in Article 3.2.10 shall be considered as overhead and shall be exclusively compensated in the allowances provided for in paragraph 3.2.8.1 above. 3.2.9 Allowable Costs for Changes in the Work. Allowable cost for changes to the Work are limited to the following: 3.2.9.1 Labor costs for employees directly employed in the change in the Work, including salaries and wages plus the cost of payroll charges and fringe benefits and overtime premiums, if such premiums are explicitly authorized by the Owner, set at rates established in the manner set forth in Article 2.1.7. 3.2.9.2 Materials incorporated into the change to the Work, including costs of transportation, handling, fuel, and on-site storage, if applicable. 3.2.9.3 Equipment incorporated in the changed Work or equipment used directly in accomplishing the Work. If the equipment is rented expressly for accomplishing the change in the Work, that cost shall be the rental rate according to the terms of the rental agreement, which the Owner shall have the right to approve, or shall be set at rates established in the manner set forth in Article 2.1.7. The decision of the Owner shall be final, binding, and conclusive on all parties. 37 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 3 – CONSTRUCTION PHASE PART 2 – CHANGES TO THE WORK 3.2.9.4 Costs of increases in premiums for the Contractor’s Payment Bond and Performance Bond or for bond premiums for its Subcontractors, to the extent that such increased costs are a result of coverage adjustments for changes in Work approved by the Owner. Prior to requesting payment for the Change Order work, the Contractor shall provide proof of its notification to the Surety of the change in the Work and of the Surety's agreement to include such change in its coverage. The cost of the increase in premium shall be an allowable cost but shall not be marked up. In no event shall a cost in excess of two percent of the cost of the change be allowable. 3.2.9.5 Sales, consumer, use, and other applicable taxes that are legally in effect at the time the change order is approved. 3.2.9.6 Any other costs directly attributable to the change in the Work, such as professional engineering costs, except those set forth in Articles 3.2.8 and 3.2.10. 3.2.9.7 For Change Order Work directed by the Owner, where the headquarters of the Subcontractor actually performing the work is more than 100 miles from the Project Site, the Subcontractor may include in the cost of the Change Order a stipend of fifty dollars per day for each worker performing work at the Site if that worker is receiving a per diem under present company policy, not to exceed the number of workers and number of days determined by Design Professional’s decision to be attributable to the new work so ordered, so long as the number of workers and number of days attributable to any deleted work is deducted there from. No allowance for overhead or profit as set forth in Article 3.2.8 may be added to the Change Order cost on account of the stipend amount, and the full amount of the stipend must be actually paid to the eligible worker or it shall be forfeited by the Contractor and Subcontractor(s). 3.2.9.8 The Owner may require any or all of the following documentation to be provided by the Contractor to support the Allowable Costs: (a) (b) (c) (d) (e) (f) 3.2.10 certified payroll records showing the name, classification, date, daily hours, total hours, rate, and extension for each laborer, foreman, supervisor or other worker; equipment type & model, dates, daily hours, total hours, rental rate or other specified rate, and extension for each unit of equipment; invoices for materials showing quantities, prices, and extensions; daily records of waste materials removed from the Site and/or fill materials imported to the Site; certified measurements of over excavations, piling installed and similar work; and/or transportation records for materials, including prices, loads, and extensions. Costs Not Allowable for Changes in the Work. Costs not allowable under any circumstances are as follows: 3.2.10.1 Costs due to the negligence of the Contractor, Subcontractors, or other persons for whom the Contractor is responsible, including but not limited to costs of delay, costs for the correction of Non-Compliant Work, costs for improper disposal of material, costs for equipment wrongly supplied, costs for the Contractor’s delay in performing the Work, or costs for delay in ordering and obtaining normally available materials or equipment. 3.2.10.2 Home office expenses, including payroll costs for the Contractor's or any Subcontractors’ officers, executives, administrators, accountants, counsel, engineers, timekeepers, estimators, clerks, and other similar administrative personnel employed by the Contractor, whether at the Site or in the Contractor's or a Subcontractor’s principal or branch office for general administration of the Work (including those referred to as “Eichlay costs”). These costs are deemed overhead included in the percentage markups allowable in Article 3.2.8 above. 3.2.10.3 Home and branch office expenses that include, but are not limited to, expenses of Contractor's home and branch offices, Contractor's capital expenses, interest on Contractor's capital used for the Work, charges for delinquent payments, small tools, incidental costs, rent, utilities, telephone and office equipment, and other general overhead expenses of the home and branch office (including those referred to as “Eichlay costs”). 3.2.10.4 Where Work is deleted from the Contract (by Bulletin, Change Order, or otherwise) prior to commencement of that Work without substitution of other similar Work, one hundred percent of the Contract Sum attributable to that Work shall be deducted from the Contract Sum. However, in the event that material submittals have been approved and orders placed for said materials, a lesser amount as justified by proper documentation shall be deducted from the Contract Sum. The credit if any to the Owner for reduced premiums 38 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 3 – CONSTRUCTION PHASE PART 2 – CHANGES TO THE WORK on payment bonds and performance bonds shall be in all cases one hundred percent of the credit. If the deductive Change Order affects the critical path or the schedule and it causes an overall reduction in the Contract Time, jobsite time dependent expenses shall be included in the deduction at the rate established in the Contract for Time Dependent Overhead Costs. 3.2.10.5 Wages of a foreman, if the foreman is concurrently supervising other Work at the Site. 3.2.10.6 Premiums for bonds required of Subcontractors by the Contractor. 3.2.11 Change Order Formats. Formats for Lump Sum Change Orders and for Change Orders based upon either a force account or upon unit pricing with an indeterminate number of units are in Section 7, Forms. 3.2.12 Changes due to Subsurface or Other Unforeseen Conditions. 3.2.12.1 Subsurface Conditions. Unless the Contract Documents stipulate specific quantities and units of rock or unsuitable soils, the Contractor shall assume material below the surface of the Earth to be earth and other material that can be removed by power shovel or similar equipment. Should conditions encountered below the surface of the ground be at variance to the number of unit requirements as indicated by drawings or specifications, and absent an agreed-upon unit price established prior to the bid by Addendum, or after contract execution by Change Order, the Contract Sum and/or time shall be adjusted as provided in the Contract Documents for changes in the work. 3.2.12.2 Other Unforeseen Conditions. If unknown physical conditions are encountered at the Site that differ materially from those indicated in the Contract Documents, then the Contractor shall give notice to the Design Professional promptly before conditions are further disturbed, but in no event later than two business days after the first observance of the conditions. The Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost or time required for performance of any part of the Work, the Design Professional may recommend an adjustment by Change Order to the Contract Sum or Contract Time, or both. If the Design Professional determines that the conditions at the Site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Design Professional shall so notify the Owner and the Contractor in writing, stating the reasons. Protest by either party of the Design Professional’s decision shall be in accordance with Section 5, Part 2. 3.2.13 Compensable Rock. CAUTION: No rock for which extra compensation is expected to be received shall be removed except pursuant to and in conformity with a written authorization or order of the Owner. Unless otherwise provided in the Bid Documents, no removal of rock as defined herein shall be included in the Bid. Shale, rottenstone, or stratified rock that can be loosened with a pick or removed by a hydraulic excavator equivalent to a Caterpillar Model 215, a single engine pan (Caterpillar 621 or equivalent) that is pushed by a crawler tractor (Caterpillar D-8K or equivalent), or similar equipment shall not be classified as rock. 3.2.13.1 Definitions of Compensable Rock. Rock, for the purposes of pricing its removal, is defined as follows: 3.2.13.1.1 Rippable Rock. Rippable rock is defined as any material that can be ripped with a single-tooth hydraulic ripper drawn by a crawler tractor having a minimum draw bar pull rated at not less than 56,000 pounds (Caterpillar D-8K or equivalent) and occupies an original volume of at least one cubic yard. 3.2.13.1.2 Mass Rock. Mass rock is defined as any material that cannot be ripped with a singletooth hydraulic ripper drawn by a crawler tractor having a minimum draw bar pull rated at not less than 56,000 pounds (Caterpillar D-8K or equivalent) and occupies an original volume of at least one cubic yard. 3.2.13.1.3 Trench Rock. Trench rock is defined as any material that must be removed from a trench that cannot be excavated with a hydraulic excavator having a bucket curling force rated at not less than 18,300 pounds (Caterpillar Model 215 or equivalent) and occupies an original volume of at least one-half cubic yard. 3.2.13.1.4 Caisson Rock. Caisson Rock is defined as material that must be removed from a shaft which cannot be penetrated faster than two feet per hour (fifteen minute minimum) using a rock auger with bullet-shaped hardened steel teeth (Kennametal bits or equivalent), and the drilling equipment should have the capacity to produce a continuous torque of at least 1,000,000 inch pounds and a downward 39 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 3 – CONSTRUCTION PHASE PART 2 – CHANGES TO THE WORK force of at least 50,000 pounds (a Hughes LLDH in good working condition) for piers up to seventy two inches in diameter. Use of equipment with greater torque or downward force modifies the definition of refusal to be the point at which the equipment cannot penetrate faster than two feet per hour (fifteen minute minimum). In rare cases, refusal may occur on a rock seam or boulder above the general massive rock surface. The compensation for Caisson Rock should include only material that cannot be penetrated by the rock auger at the specified rate. 3.2.13.2 Pricing for Compensable Rock. All compensable rock shall be priced by unit prices upon volume prior to removal and shall be calculated by survey and engineering calculations. No rock shall be priced by truckload, bucket load, or other similar pricing methods. Unit prices shall be determined prior to removal, either in the Contract Documents or by Change Order. Unit prices shall be inclusive of all profit and overhead, except for Time Dependent Overhead Costs. Unit prices shall include the following: (a) Excavation and removal of all rubble; (b) Addition and removal of overburden for blasting; (c) Excavation of all blast rubble; (d) Replacement of suitable soils in areas of overblasting or over removal; and (e) All costs of labor, equipment, supplies, blasting materials, safety requirements, drayage, haulage, and disposal, including offsite disposal costs. The Contractor expressly agrees that the Contractor’s sole monetary remedy for extensions of Contract Time due to removal of rock that materially affects the completion of the Work by lengthening the critical path of the Overall Project Schedule shall be the daily rate established in the Time Dependent Overhead Costs in the Contract. Extensions of Time and compensation for Time Dependent Overhead Costs for compensable rock are to be processed as a Change Order pursuant to Article 3.2.6. 3.2.14 Subcontractor Claims for Extended General Conditions Costs. The daily rate for Time Dependent Overhead Costs established in the Contract is intended to compensate the Contractor for the additional jobsite overhead costs resulting from any compensable time extension. The Contractor, in its sole discretion, shall be responsible for allocating the Time Dependent Overhead Costs among its affected subcontractors and itself. Owner’s payment of the Time Dependent Overhead Costs to the Contractor, and Contractor’s allocation thereof, shall constitute the only monetary compensation the Contractor and subcontractors shall be entitled to receive as reimbursement for Time Dependent Overhead Costs incurred as a result of any compensable delay to the Project. 3.2.15 Release of Claims. The execution by the Contractor of a Change Order shall be and operate as a release to the Owner of all claims by the Contractor and of all liability owing to the Contractor for all things done or furnished in connection with the Work described in the Change Order. The execution of any Change Order by the Owner shall not be an acceptance of any Work or materials not in accordance with the Contract Documents, nor shall it relieve the Contractor of responsibility for faulty materials or workmanship or operate to release the Contractor or his surety from any obligation arising under the Contract or the Performance Bond or Payment Bond. 3.2.16 Sole Source Designation for Change Order Work. 3.2.16.1 Definition of Sole Source. As used in this Article 3.2.16, “Sole Source” means a Trade Contractor or Supplier or Subcontractor specified by name in a Bulletin as the exclusive source from which conforming goods or services may be obtained. Designation of goods or services by reference to a named source accompanied by the qualification “or equal” or similar language is not a designation of a Sole Source as that term is defined herein. 3.2.16.2 Limitations. This Article 3.2.16 applies only to Bulletins referenced in a proposed Change Order that designates a Sole Source that was not designated in the Bidding Documents. Except as stated in this Article, the Contractor’s inability to obtain payment and performance bonds from Sole Source Subcontractors or warranties from Subcontractors, as required under the Bidding Documents for this Contract, shall not otherwise excuse the Contractor from its bonding and warranty obligations under this Contract. 3.2.16.3 Sole Source as Grounds for Rejection of a Change Order. If a Change Order is submitted to Contractor for the purposes of adding a Bulletin to this Contract and said Bulletin designates a Sole Source from which Contractor is required to procure goods or services necessary to perform the Work, which Sole Source has not been designated previously, Contractor shall be entitled to reject the proposed Change Order if the designated Sole Source refuses to provide to Contractor the warranties, bonds, terms or schedule required under the Contract Documents, including any warranty or terms or schedule required by Bulletins referenced in the proposed Change Order. In such event, Contractor shall give written notice to the Owner rejecting the 40 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 3 – CONSTRUCTION PHASE PART 2 – CHANGES TO THE WORK proposed Change Order and, if possible, shall accompany said written notice with a proposal from Contractor for changes or modifications to the Bulletin so as to eliminate the Sole Source designation but to achieve goods or services equal in quality or function. The Owner may then require the Design Professional to revise the subject Bulletin so as to eliminate the designation of the Sole Source by incorporation of Contractor's proposal or otherwise. Upon revision of the Bulletin by the Design Professional and approval thereof by the Owner, the Owner shall again submit to the Contractor a proposed Change Order for the purpose of adding the revised Bulletin to this Contract. If the Owner decides to retain the Sole Source in the Change Order and Contractor cannot acquire the full contractually required warranties from the Sole Source, Contractor shall be held only to the warranty terms and schedule obtainable from the Sole Source. 3.2.16.4 No Excuse Without Notice. If Contractor accepts a proposed Change Order adding a Bulletin to this Contract that designates a Sole Source without invoking this Article and putting the Owner on notice, Contractor shall not be excused from its obligations with respect to the described Work by reason of the refusal of a designated Sole Source to provide warranties as required under this Contract. 41 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 3 – CONSTRUCTION PHASE PART 3 – TIME PART 3 – TIME 3.3.1 Time is of the Essence. Time is of the essence of this Contract and all obligations hereunder. 3.3.2 Competent Management of Time. The Contractor has represented to the Owner, in order to be awarded this contract, that the Contractor is experienced in managing construction in accordance with contract requirements and in a timely manner and that the Contractor has included in his proposal sufficient sums to carefully and competently manage this project for completion within the stipulated Contract Time. 3.3.3 Contract Time. 3.3.3.1 Fair and Reasonable. The Contractor has carefully examined and analyzed the Site, the Contract Documents, and all known factors related to his ability to complete this project within the Contract Time stipulated. By submitting his bid for this project, the Contractor agrees that the stipulated Contract Time is fair and reasonable. 3.3.3.2 Delays. The parties recognize there may be delays to perform Change Order work in the event that conditions encountered at the Site are different from those indicated in the Contract Documents, or to perform Change Order work to correct errors in the plans and specifications. Execution of any change must be authorized. In such event, there shall be an adjustment in the Contract Sum as provided in the Contract Documents for changes in the Work, The parties agree that such delays are not a ground for claiming extraordinary remunerations except as set forth in this Contract in Article 3.3.8 below. 3.3.4 Commencement, Prosecution, and Completion. 3.3.4.1 Commencement, Prosecution, and Completion of Work. The Contractor will be required (a) to commence the Work under this Contract on the applicable Proceed Order Date, (b) to prosecute the Work with faithfulness and energy (c) to install the various parts of the work with equal steps shown on the Overall Project Schedule and at the same rate (or better) shown on the Overall Project Schedule and (d) to complete the Work within the Contract Time, as adjusted. Commencement of the Work shall mean actual physical work on the Site. Unless otherwise agreed, and subject to Change Orders, Material Completion of the Project must be achieved on or before the date established as the Material Completion and Occupancy Date under the Schedule. 3.3.4.2 Contractor’s Acceleration for failure to meet Schedule Requirements. In the event the Contractor shall be delinquent in respect to achieving the Milestone dates established in the Overall Project Schedule, Contractor shall, within seven days after receipt of written demand of the Owner, cause its employees and Subcontractors to perform work at an accelerated pace with hours and days in addition to the normal working hours and working days, as necessary to promptly bring the Work into compliance with the Overall Project Schedule. Fulfillment of this requirement as to overtime work shall not relieve the Contractor from liability for breach of the covenant as to time. For account of recovery of lost time required of the Contractor for its breach of covenant as to time, the Contractor shall be entitled to no claim against the Owner for any payment, repayment, reimbursement, remittance, remuneration, compensation, profit, cost, overhead, expense, loss expenditure, allowance, charge, demand, hire, wages, salary, tax, cash, assessment, price, money, bill, statement, dues, recovery, restitution, benefit, recoupment, exaction, injury or damages. 3.3.5 Construction Progress Schedule (Overall Project Schedule). 3.3.5.1 Submittal, Approval, and Updates. Not later than sixty days after the Effective Date of the Contract, but prior to the Proceed Order, the Contractor must submit a Construction Progress Schedule in accordance with Section 2.1.5. 3.3.5.2 Approval of Overall Project Schedule. . Upon recommendation by the Design Professional and approval by the Owner, the Construction Progress Schedule shall become the Overall Project Schedule, and becomes a part of this Contract. The Overall Project Schedule shall govern the schedule of activities of the Contractor under this Contract 3.3.5.3 Monthly Updates. The Contractor must provide the Design Professional and the Owner with monthly updates of the Overall Project Schedule indicating completed activities and any changes in sequencing or activity durations. (See also Articles 2.1.2 and 2.1.5). 3.3.6 Completion Date. The Work under this Contract shall be completed by midnight of the date required in the Contract as the Material Completion and Occupancy Date unless extended by approved requests for extension of time. 42 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 3 – CONSTRUCTION PHASE PART 3 – TIME 3.3.7 General Rule – No Damages for Delay, Extension of Time Sole Remedy. Contractor shall not be entitled to any damages for delay or to any other reimbursement as a Cost of the Work, or to an increase in the contract amount, or to payment, damages, monies, or compensation of any kind from Owner for direct, indirect, impact, or disruption damages (including but not limited to costs of acceleration of Work or any Phase thereof) arising because of delay or other hindrance of any kind whatsoever; except as specifically permitted by Article 3.3.8. Extension of the time is the Contractor's sole remedy for any delays not the fault of the Contractor. 3.3.8 Exception to General Rule – Compensable Delay. The extension of the Contract Time and the adjustment to the Contract Sum specifically provided for in this Article shall be Contractor’s sole and exclusive remedy for delays, hindrances, interferences or resulting inefficiencies and re-sequencing. 3.3.8.1 Compensable Delay – Unavoidable Delay. 3.3.8.1.1 Delay by Owner or Design Professional. If the Contractor is delayed in the progress of the Work between the Proceed Order Date and the Material Completion and Occupancy Date, as amended, by an act or neglect of the Owner, Owner's employees, Design Professional or Separate Contractors employed by the Owner, or by other causes beyond the Contractor’s control which the Design Professional determines are the fault of the Owner or the Design Professional and may justify delay, then the Contract Time will be extended by Change Order for such reasonable time as the Design Professional and the Owner may determine; provided, however, that (i) such delays extend the Overall Project Schedule’s critical path; (ii) the Contractor has taken all reasonable actions to mitigate the effects of the delay on the Work; (iii) the fault or negligence of the Contractor, the Contractor's agents or employees did not materially contribute to such causes; and (iv) the Contractor shall have notified Owner of the cause or causes of such delay within fourteen days from the date on which the Contractor first becomes aware of such delay. 3.3.8.1.2 Delay in Responses to Submittals. Any claim by Contractor for a change in the Material Completion and Occupancy Date due to delay of responses to submittals may be made during the time while the failure of the Design Professional to act or perform continues, or within seven days after such failure to act or perform has been cured. If no Submittal Schedule or agreement as required in Paragraph 2.2.3.1 is agreed upon, then a claim for delay will be allowed only after the Design Professional has been allowed fourteen days to take action. Any claim for extension of time must be reasonable and take into consideration the nature of the submittal. 3.3.8.1.3 To be Processed as a Part of the Change Order Process. Extensions of Time and compensation for Time Dependent Overhead Costs for Unavoidable Delay are to be processed as a Change Order pursuant to Article 3.2.6. 3.3.8.2 Compensable Delay – Certain Change Orders. 3.3.8.2.1 Owner-Requested Changes. If the Owner requests changes in the Contract Documents that would materially affect the completion of the Work by lengthening the critical path of the Overall Project Schedule, the Design Professional shall determine the appropriate number of days and thereby extend the Material Completion and Occupancy Date. The Contractor expressly agrees that the Contractor’s sole monetary remedy for such extensions of Contract Time shall be calculated at the daily rate established for Time Dependent Overhead Costs in the Contract. 3.3.8.2.2 Other Change Orders. For Change Orders involving the following situations that would materially affect the completion of the Work by lengthening the critical path of the Construction Progress Schedule, the Design Professional shall determine the appropriate number of days and thereby extend the Material Completion and Occupancy Date. The Contractor expressly agrees that the Contractor’s sole monetary remedy for such extensions of Contract Time shall be calculated at the daily rate established for Time Dependent Overhead Costs in the Contract. (a) (b) (c) Changes due to Subsurface or Other Unforeseen Conditions, Article 3.2.12. Changes for Compensable Rock, Article 3.2.13. Changes deleting work, Paragraph 3.2.10.4 3.3.8.2.3 To be Processed as a Part of the Change Order Process. Extensions of Time and compensation for Time Dependent Overhead Costs for all Change Orders are to be processed as a part of each Change Order pursuant to Article 3.2.6. 43 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 3 – CONSTRUCTION PHASE PART 3 – TIME If, between the Proceed Order Date and the Material 3.3.8.3 Compensable Delay – Force Majeure. Completion and Occupancy Date, as amended, the CM/GC is unable to perform or is delayed in the performance of any of the terms and provisions of this Contract, that materially affects the completion of the Work by lengthening the critical path of the Construction Progress Schedule, as a result of (i) governmental preemption of materials in connection with a national emergency declared by the President of the United States; (ii) riot, insurrection, acts of terror or terrorism or other civil disorder affecting performance of the Work; (iii) labor strikes that could not be reasonably anticipated, or (iv) earthquakes, or unusual and extreme weather conditions constituting Acts of God, then, and in any such event, such inability or delay shall be excused, and the time for completing the affected portions of the Project (and the entire Project, if applicable) shall be extended for such reasonable period of time as the delay has affected the critical path of the performance of the Work hereunder. 3.3.8.3.1 Mitigation of Delay. Contractor shall take all reasonable actions to minimize the delay caused by any of the above factors, and shall notify Owner in writing with a copy to the Design Professional of any event allowing for excuse or delay not later than seven days after the Contractor first becomes aware of the event, or should have become aware, of the event; otherwise Contractor will be deemed to have waived the excuse or delay. 3.3.8.3.2 To be Processed as a Part of the Change Order Process. Extensions of Time and compensation for Time Dependent Overhead Costs for Force Majeure are to be processed as a Change Order pursuant to Article 3.2.6. 3.3.8.4 Compensable Delay – Abnormal Weather. Extensions of time will be granted for abnormal inclement weather conditions that delay the critical path of the progress of the work. 3.3.8.4.1 Abnormal weather delay is defined as days lost to weather conditions either (i) in excess of days specified in the Supplementary General Conditions, or (ii) if not defined in the Supplementary General Conditions, as days in excess of a local historic average prevailing at the Site recorded by the National Oceanic and Atmospheric Administration (NOAA) for the 120 months immediately preceding the Proceed Order Date. 3.3.8.4.2 Not later than ten days after of the first occurrence of the event giving rise to the claim or with respect to claims for extension of time as a result of abnormal weather, and not later than ten days after the end of each calendar month thereafter, the Contractor shall file a claim with the Design Professional with a copy to the Owner. By not later than fifteen days from the receipt of the claim, the Design Professional shall render a decision concerning the allowance of an extension of time and shall report his decision to both the Contractor and the Owner. 3.3.8.4.3 Extensions of Time and compensation for Time Dependent Overhead Costs for Abnormal Weather are to be processed as a Change Order pursuant to Article 3.2.6. 3.5.8.5 Protest. The Design Professional’s decision as to abnormal weather delay shall be subject to protest by either the Contractor or the Owner as set forth in Section 5, Part 2. 3.3.9 Non-Compensable Delay. Contractor understands, acknowledges and agrees that delays occasioned by the events and occurrences set forth below are not compensable delays and do not constitute reason for extending the Date for Material Completion and Occupancy. It is Contractor's responsibility to make adequate provision for the following in scheduling the Work: 3.3.9.1 Normal Weather Conditions. Weather conditions other than those that substantially vary from the normal climatology conditions that prevailed at the Site for the preceding 120 months, as evidenced by data published by the National Oceanic and Atmospheric Administration. 3.3.9.2 Delay in Delivery of Materials or Equipment. Delay in delivery of materials or equipment for any cause other than those specified in Paragraph 3.3.8.3. No claim will be approved if materials or equipment are delayed due to Contractor's tardy procurement or expediting. 3.3.9.3 All Other Delay. All delay not covered in Article 3.3.8. 3.3.10 Date. Submission of Claims for Compensable Delay and to Extend the Material Completion and Occupancy 44 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 3 – CONSTRUCTION PHASE PART 3 – TIME 3.3.10.1 Time for Submission. Except as specified below, any claim by Contractor for a change in the Contract Time or the Material Completion and Occupancy Date shall be made within fourteen days of the day on which the Contractor becomes aware of the event on which the claim is based or, if the Contract Documents specify a shorter or longer period with respect to such event, within the period specified by the Contract Documents. 3.3.10.2 Delay Claim Must Be In Writing. Any claim to extend the Contract Time and Material Completion and Occupancy Date must be in writing, must set forth in detail the basis for the claim and the number of days of delay claimed, must be correlated with the approved Overall Project Schedule, must be executed by the Contractor and delivered to the Design Professional and the Owner, and must be reviewed and an appropriate time assessed by the Design Professional. 3.3.10.3 When Delay Claim Deemed Waived. Any claim to extend the Contract Time and Material Completion and Occupancy Date not made in writing to Owner within the above time periods shall be deemed waived and shall not thereafter be valid. In the case of a continuing delay as a result of a single event, only one claim submission is necessary. 3.3.10.4 Design Professional to Decide. The Contract Time and the Material Completion and Occupancy Date may be extended for such reasonable time as the Design Professional may decide, and the Overall Project Schedule shall then be updated. 3.3.10.5 Payment for Extensions of Contract Time. The Contractor expressly agrees that the Contractor’s sole monetary remedy for Compensable Delay shall be calculated at the daily rate established for the Time Dependent Overhead Costs in the Contract. 3.3.10.6 Claims Related to Extraordinary Time Dependent Overhead Cost. In situations where Time Dependent Overhead Costs are authorized, and the cost incurred exceeds 170% of the established Time Dependent Overhead Cost daily rate, then the Contractor may submit a claim under this article for consideration of such extraordinary additional cost. 3.3.11 Recovery of Schedule Delays. 3.3.11.1 Recovery of Schedule Delays. If the Design Professional determines that the Project is one week or more behind schedule, per the approved Overall Project Schedule, the Design Professional shall so notify the Contractor in writing. Within seven days of the date of the Design Professional's notice, the Contractor shall deliver to the Design Professional and Owner a written plan explaining how the Contractor intends to bring the Project back on schedule. The Contractor's plan must provide sufficient detail to allow the Design Professional and Owner to determine the proposal's feasibility. 3.3.11.2 Recovery of Schedule Delays During Last Sixty Days of Contract Time. At any time during the last sixty days of the Contract Time that the Design Professional finds that the Contractor is behind schedule per the Contract Time, as amended, the Design Professional shall notify the Contractor in writing. Within seven days of the date of the Design Professional's notice, the Contractor shall prepare and deliver to the Design Professional and Owner a written plan explaining how the Contractor intends to bring the Project back on schedule. The Contractor's plan must provide sufficient detail to allow the Design Professional and Owner to determine the proposal's feasibility. 45 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 3 – CORRECTING THE WORK INSPECTIONS PART 4 – COVERING AND UNCOVERING WORK PART 4 – CORRECTING THE WORK, INSPECTIONS, COVERING AND UNCOVERING WORK 3.4.1 Correcting the Work. 3.4.1.1 Notice of Non-Compliant Work. A Notice of Non-Compliant Work shall be in writing, shall be dated, shall be signed by the Design Professional, shall be addressed to the Contractor with a copy to the Owner, and shall contain three elements as follows: 3.4.1.1.1 Description of Work. (a) that has been omitted or (b) that is unexecuted as of the date of the Notice of Non-Compliant Work, the time for its incorporation into the work as planned in the Overall Project Schedule having expired, or (c) that has not been executed in accordance with the methods and materials designated in the Contract Documents. 3.4.1.1.2 Contract References: Citation of the provision or provisions of the Contract Documents which specify the Work to be executed. 3.4.1.1.3 Time for Compliance. Fixing of a reasonable space of time within which the Contractor shall have made good the deficiency (which said space of time shall not be deemed to be an extension of Contract Time) for filing the Notice of Readiness for Inspection for Material Completion pursuant to Article 6.3.2 nor shall it be deemed to be authorization for amendment to the Overall Project Schedule. 3.4.1.2 Failure to Supply Workmen or Materials or to Prosecute the Work. A Notice of Non-Compliant Work may be issued for failure of the Contractor to supply enough workers or enough materials or proper materials to prosecute the Work. A Notice of Non-Compliant Work in such event may be based on Article 3.3.2 (Competent Management of Time), and upon the definition of Work as set forth under Paragraph 1.1.9.58. 3.4.1.3 Removal and Making Good of Non-Compliant Work. The Contractor shall remove from the Site within the space of time designated in Notice of Non-Compliant Work all work determined by the Design Professional as failing to conform to the contract, whether incorporated in the work or not, and the Contractor shall promptly replace and re-execute the work in accordance with the Contract and without expense to the Owner and shall bear the expense of making good all work of other contractors destroyed by such removal or replacement. The Contractor shall supply any omitted work and perform all unexecuted work within the space of time fixed by the Design Professional in Notices of Non-Compliant Work. 3.4.1.4 Remedy of the Owner for Breach of Notice of Non-Compliant Work. 3.4.1.4.1 Failure to Make Good a Deficiency. If the Contractor does not make good a deficiency within a reasonable space of time fixed in a Notice of Non-Compliant Work, the Owner may do any of the following: (a) Remove the Non-Compliant Work and store it at the expense of the Contractor. If the Contractor does not pay the expenses of such removal and storing within ten days after receipt of written demand of the Owner, the Owner may upon three days' notice in writing to the Contractor sell such materials at private sale or at auction and shall account for the net proceeds thereof after deducting all proper costs incurred by the Owner. (b) Supply omitted work, perform unexecuted work, or replace and re-execute work not done in accordance with the methods and materials designated in the Contract Documents, and deduct the cost thereof from any payment then or thereafter due the Contractor. The Design Professional shall approve the amount charged to the Contractor. 46 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 3 – CORRECTING THE WORK INSPECTIONS PART 4 – COVERING AND UNCOVERING WORK 3.4.1.4.2 Other Remedies. The remedies stated in this article are in addition to the remedies otherwise available to the Owner, do not exclude such other remedies, and are without prejudice to any other remedies. Time limits stated in Notices of Non-Compliant Work are of the essence of the contract. Unless otherwise agreed to by the Owner in writing, the making good of Non-Compliant work shall physically commence at the Site in not more than seven days after receipt of the Notice of NonCompliant Work, except that in case of emergency correction shall physically commence at the Site at once, and except that the Contractor shall in any event physically commence the correction at the Site early enough to complete within the space of time allowed in the Notice of Non-Compliant Work. The Owner shall give prompt consideration to reasonable requests for delay in commencement of the making good of Notices of Non-Compliant Work. The making good of Non-Compliant work shall be completed within the space of time allowed in the Notice of Non-Compliant Work unless the Contractor shall have requested from the Design Professional an increase in the amount of time allowed and the Design Professional shall have given notice to the Contractor in writing, with copy to the Owner, stating the additional amount of time, if any, allowed. 3.4.1.5 Notice of Correction from Contractor. The Contractor shall give prompt notice in writing to the Design Professional, with copy to the Owner, upon completion of the correction of the Non-Compliant work. In the absence of such notice, it shall be and is presumed under this Contract that there has been no correction, supplying remedy, or performance of unexecuted work. 3.4.1.6 The Owner's Right to Correct Work. If the Contractor should neglect to prosecute the Work properly or fail to correct Non-Compliant Work or fail to perform any provision of this Contract, the Owner, after three days' written notice to the Contractor, may without prejudice to any other remedy he may have (including without limitation remedies against the Contractor’s surety), make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. 3.4.2 Inspections. 3.4.2.1 Access to Work. The Design Professional, the Owner, and their representatives shall have access at all times to the work wherever it is in preparation or progress, and the Contractor shall provide proper facilities for such access and for inspection. 3.4.2.2 Notice of Readiness for Inspection to Design Professional from Contractor Prior to Covering Work. If the specifications, the Design Professional's instructions (either in the specifications or issued later in writing), laws, ordinances or any public authority require any work to be specially tested or approved, the Contractor shall give the Design Professional timely notice in writing of its readiness for inspection. If the inspection is by any authority other than the Design Professional, the Contractor shall give timely notice of the date fixed for such inspection. Inspections by the Design Professional shall be made promptly and, where practicable, at the source of supply. 3.4.2.3 Fire Marshal Inspections. 3.4.2.3.1 General. The State Fire Marshal may make inspections at any time. It shall be the responsibility of the Contractor to request an inspection at eighty percent completion and at 100% completion and to give notice when all items on the 100% inspection report have been completed. Requests shall be in writing with a copy to the Owner and Design Professional. 3.4.2.3.2 follows: Inspections Defined. The basic definitions for eighty percent and 100% inspections are as (a) Eighty Percent Inspection: The structural components are in place and open for review of the fire safety components. NOTE: Structural components include the following: fire walls, vertical shafts, stairways, smoke stops, hazardous area separation, roof and ceiling assemblies, corridor and door width, and HVAC system. (b) 100% Inspection: The Contractor has completed all of the items on the eighty percent inspection report and has the certificate of occupancy in hand. 47 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 3 – CORRECTING THE WORK INSPECTIONS PART 4 – COVERING AND UNCOVERING WORK 3.4.2.4 False Start. In the event the Contractor shall have issued notice of readiness prematurely, his action shall be deemed to be a "false start.” The Contractor shall be liable for the damage resulting from the aforesaid false start, including, but not limited to, the salary, professional fees, and travel and living expenses of the person or parties inconvenienced by the aforesaid false start. 3.4.2.5 Certificate of Occupancy. The Contractor’s obligation under the Contract is to install the Work in accordance with the Contract Documents, obtain the Certificate of Occupancy from the State Fire Marshal or his deputy, and forward it to the Design Professional as a part of the final close out procedures. The Design Professional’s obligation is to design the Work to comply with the applicable codes and to qualify for a Certificate of Occupancy. 3.4.3 Covering and Uncovering Work. 3.4.3.1 Re-examination or Re-testing of Work Covered Pursuant to Consent of Design Professional. Reexamination or re-testing of questioned Work previously covered pursuant to consent of the Design Professional may be ordered by the Design Professional. If so ordered the Work must be uncovered by the Contractor. The Owner shall pay the cost of re-examination and replacement or of re-testing if such Work is found in accordance with the Contract Documents. The Contractor shall pay such cost if such Work is found not in accordance with the Contract Documents unless the Contractor can show that a Separate Contractor caused the defect in the Work. In that event, the Owner shall pay such cost. Re-examination or re-testing under the terms of this Paragraph applies only to Work that has been covered with consent of the Design Professional. Work covered without consent of the Design Professional must be uncovered for examination as provided below. 3.4.3.2 Re-examination or Re-testing of Work Covered Without Consent of Design Professional. If any Work should be covered without approval or consent of the Design Professional or contrary to any provision of the Contract Documents, such Work must be uncovered for examination by the Design Professional at the Contractor’s expense. The Contractor shall be liable for the costs resulting from the aforesaid uncovering, including, but not limited to, the salary, professional fees, and travel and living expenses of the person or parties inconvenienced thereby. 3.4.4 Inspection Does Not Relieve Contractor. Under the Contract Documents, the Contractor acknowledges that it has the responsibility for furnishing all services, labor, supplies, and materials for the entire Work in accordance with such documents. No provisions of this article nor any inspection of the Work by the Owner, representatives of the Owner, the Using Agency, Contract Compliance Specialist, clerk-of-the-works, engineers employed by the Design Professional, representatives of the Design Professional, or the Design Professional shall in any way diminish, relieve, or alter said responsibility and undertaking of the Contractor. Neither shall the omission of any of the foregoing to discover or to bring to the attention of the Contractor the existence of any Work or materials injured or done not in accordance with said Contract Documents in any way diminish, relieve, or alter such obligation of the Contractor nor shall the aforesaid omission diminish or alter the rights or remedies of the Owner as set forth in the Contract Documents. The Contract Compliance Specialist has no power to make decisions, to accept or reject work, or to consent to the covering of Work. The Contract Compliance Specialist owes no duty to the Contractor. 48 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 3 – CONSTRUCTION PHASE PART 5 - SUBCONTRACTORS, TRADE CONTRACTORS, AND SUPPLIERS PART 5 – SUBCONTRACTORS, TRADE CONTRACTORS, AND SUPPLIERS, 3.5.1 Subcontractors, Trade Contractors, and Suppliers. 3.5.1.1 Submission of List. Within fourteen days of the Effective Date of the Contract, the Contractor shall submit in writing to the Design Professional a list of the names of Subcontractors that the Contractor intends to employ on the Work. The list of Subcontractors is not submitted for approval but is for the purpose of establishing the following: 3.5.1.1.1 What trades and portions of the work are to be performed under subcontract, and. 3.5.1.1.2 The names of the parties selected by the Contractor to perform work by subcontract, the aforesaid selection being a matter lying solely within the discretion of the Contractor. 3.5.1.1.3 The Contractor shall identify each minority owned and each female owned Trade Contractor and Subcontractor or Supplier performing work on or supplying material to the project. 3.5.1.1.4 By not later than the tenth day of the month following the end of each quarter the Contractor shall submit to the owner a list of all minority and female owned Subcontractors, Trade Contractors, or Supplier performing work on or supplying material to the Project and the amount paid to each for that quarter. 3.5.1.2 No Approval of Subcontractors, Trade Contractors, and Suppliers. Neither the Owner nor the Design Professional undertakes to pass upon or approve any Subcontractor, Trade Contractor, or supplier. 3.5.2 Representation of Contractor. The Contractor represents that the Subcontractors, Suppliers, and Trade Contractors selected by it are reputable, skilled, reliable, competent, qualified in the trade or field in which they are to perform on the Project, and thoroughly familiar with the codes and laws applicable to their work. 3.5.3 Contractor Responsible for Acts and Omissions. The Contractor agrees that he is as fully responsible for the acts and omissions of his Subcontractors, Trade Contractors, Suppliers, and employees, and further of all persons directly or indirectly employed by them, as the Contractor is for the acts and omissions of employees and persons directly employed by the Contractor. The failure of a Subcontractor, Trade Contractor, supplier, or employee to perform shall not be asserted by the Contractor as an excuse for any omission from or noncompliance with requirements of the Contract Documents; nor shall the Contractor be entitled to an extension of time solely because of failure of a Subcontractor, Trade Contractor, supplier, or employee to perform. The subcontracting of work does not relieve the Contractor of the responsibility for the execution of the work and for compliance with all requirements of the Contract Documents. The Contractor shall not assert negligence, inefficiency, insolvency, bankruptcy, or incompetence of any Subcontractor, Trade Contractor, supplier, or employee as excuse for the existence of any noncompliance with or omission to fulfill any obligation under the Contract either as to timely performance or as to compliance with methods and materials designated in the Contract Documents; nor shall the Contractor assert nonperformance of a Subcontractor, Trade Contractor, supplier, or employee as excuse for the existence of any noncompliance with or omission to fulfill any obligation under the Contract. As to Subcontractor, Trade Contractor, supplier, and employees of the Contractor, the doctrine that a principal is liable for the acts and omissions of his agent shall be binding on the Contractor in his relationship to the Owner, and the Contractor may not reverse the aforesaid doctrine by contract or legal mechanism. 3.5.4 No Contract between Owner and Any Subcontractor, Trade Contractor, Supplier, or Employee. Nothing contained in the Contract Documents shall create any contractual relation between the Owner and any Subcontractor, Trade Contractor, Supplier, or employee of the Contractor or its Subcontractors.. 3.5.5 Relationship of Contractor With Subcontractors, Trade Contractors, and Suppliers. 3.5.5.1 Obligations of Each. The Contractor agrees to bind every Subcontractor, Trade Contractor, Supplier (hereinafter collectively referred to as “Subordinate Contractor”) to the terms of the Contract Documents insofar as they are applicable to its work, including the following provisions of this Article: 49 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 3 – CONSTRUCTION PHASE PART 5 - SUBCONTRACTORS, TRADE CONTRACTORS, AND SUPPLIERS 3.5.5.1.1 The Contractor Agrees: (a) To be bound to the Subordinate Contractor by all the obligations that the Owner owes to the Contractor under the Contract Documents. (b) To pay the Subordinate Contractor upon the payment of certificates issued under the schedule of values described in the General Conditions the amount allowed to the Contractor on account of the Subordinate Contractor's work to the extent of the Subordinate Contractor's interest therein within seven days of receipt of payment from the Owner; provided, however, that retainage shall be released to the Subordinate Contractor as provided by law and in accordance with the statutory affidavit set forth in Section 7, Forms. (c) To pay the Subordinate Contractor upon the payment of certificates issued otherwise than the schedule of values such manner that at all times the Subordinate Contractor's total payments shall be as large in proportion to the value of the work done by the Subordinate Contractor as the total amount certified and paid to the Contractor is to the value of the work done by the Subordinate Contractor. (d) To pay the Subordinate Contractor a just share of any property insurance money received by the Contractor and due to Subordinate Contractor for work performed by Subordinate and paid for by insurance. (e) That no claim for services rendered or materials supplied or other matters by the Contractor against the Subordinate Contractor shall be valid unless written notice thereof is given by the Contractor to the Subordinate Contractor prior to or during the first ten days of the calendar month following that in which the Contractor determines that the claim is chargeable against that Subordinate Contractor. (f) To give the Subordinate Contractor, upon its request, an opportunity to be present with Contractor and to submit evidence in any dispute involving rights of the Subordinate Contractor. 3.5.5.1.2 The Contractor Agrees to require its Subcontractors to do the following: (a) To be bound to the Contractor by the terms of the Contract Documents and to assume toward the Contractor all the obligations and responsibilities that the Contractor by the aforesaid documents assumes toward the Owner. (b) To submit to the Contractor applications for payment in such reasonable time as to enable the Contractor to apply for payment under these General Conditions. (c) To make all claims for extras, for extensions of time or for damages to the Contractor in the manner provided in the General Conditions for like claims by the Contractor upon the Owner, except that the time for making such claims to the Contractor is within ten days after the initial event leading to the claim. (d) To pay their Subordinate Contractors upon the payment of certificates issued under the schedule of values described in the General Conditions the amount allowed on account of such Subordinate Contractor's work to the extent of such Subordinate Contractor's interest therein within seven days of its receipt of payment; provided, however, that retainage shall be released as provided by law and in accordance with the statutory affidavit set forth in Section 7, Forms. (e) To pay their Subordinate Contractors upon Subcontractor’s receipt of payment such that at all times their Subordinate Contractors’ aggregate payments shall be in proportion to the Work performed by each of the Subordinate Contractors. 50 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 3 – CONSTRUCTION PHASE PART 5 - SUBCONTRACTORS, TRADE CONTRACTORS, AND SUPPLIERS 3.5.5.2 Owner Not Obligated to Any Subcontractor, Subordinate Contractor, Trade Contractor, or Supplier. There is no obligation on the part of the Owner to pay to or to see to the payment of any sums to any Subcontractor, Subordinate Contractor, Trade Contractor, Supplier, laborer, employee, or person supplying labor, materials, machinery or equipment to the Project. 3.5.5.3 Term “Substantial Completion” Deleted. The term “substantial completion,” if found, is hereby deleted and is of no force in all Subcontracts, Trade Contracts, and in the Trade Sections of the Contract Documents. In certain contexts, the term may be superseded by the term “Material Completion” as defined in this Contract. 3.5.5.4 Failure to Incorporate Terms in Subcontracts. The Contractor agrees that failure on his part to incorporate this Article 3.5.5 in all Subcontracts, Trade Contracts, or Supplier contracts, is a material breach of an essential covenant of this Contract, and further agrees that in the event of such breach the Contractor shall, within five days after demand of the Owner, furnish proof in writing that the deficiency has been remedied to the end that (1) the Contractor may not maintain that it is beyond his competence to require performance of terms of the contract by a subcontractor and (2) no subcontractor may maintain that he has not assumed toward the Contractor all the obligations and responsibilities that the Contractor has assumed toward the Owner. Failure on the part of the Contractor to effect remedy as above within five days after receipt of written demand of the Owner shall be grounds for issuance of a declaration of default by the Owner. 51 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 4 – COMPENSATION PART 1 – GENERAL SECTION 4 – COMPENSATION PART 1 - GENERAL 4.1.1 Payments. The Owner will make progress payments to the Contractor in accordance with Section 4 of the General Conditions. Final Payment will be made in accordance with Section 6 of the General Conditions. The date and amount of payment are subject to Section 4, Part 2. Sums retained by the Owner remain the property of the Owner until such time as the Contractor shall have become entitled to receive such payment pursuant to Section 6 of the General Conditions by furnishing the remainder of the Work and services required by the Contract Documents. 4.1.2 Application for Payments. 4.1.2.1 Form of Application. The Contractor shall periodically submit to the Design Professional an Application for Payment on the form set forth in Section 7 (sometimes called a "Periodical Estimate") for each payment requested, and, if requested by the Owner or Design Professional, shall attach backup materials including, but not limited to, receipts or other vouchers, showing his payments for materials and labor, including payments previously made to Subcontractors. 4.1.2.2 Initial Breakdown and Periodical Payments. Each Application for Payment shall be submitted at least ten days before each payment falls due, and the Contractor shall, before the first application, shall submit to the Design Professional a Schedule of Values of the various parts of the work, including quantities, aggregating the total sum of the Contract, divided in the same manner set forth in the Application for Payment Form set forth in Section 7 showing the Contractor’s right to the payment claimed and so arranged and so itemized as to meet the approval of the Design Professional and, further, if requested, supported by such evidence as to its correctness as the Design Professional may direct. 4.1.2.3 Materials Stored. If the Application for Payment includes materials delivered and suitably stored at the Site but not incorporated in the work, they shall, if required by the Owner or the Design Professional, be conditional upon submission by the Contractor of bills of sale or such other procedure as will establish the Owner's title to such material or otherwise adequately protect the Owner's interest. The Contractor is responsible for the existence, protection, and, if necessary, replacement of materials until execution of the Final Certificate of the Design Professional. The Owner shall not pay for any materials stored off-site. 4.1.2.4 Retainage. 4.1.2.4.1 Withholding of Retainage; Conversion to Lump Sum. Retainage shall be withheld from each periodic payment to the Contractor in the amount of ten percent of the sum of the total amount earned for work–in-place (original Contract), total amount earned for work-in-place (Change Orders), and Value of Materials stored at the Site. After one-half of the Contract Sum, including Change Orders, becomes due and the Work meets all of the following conditions: (a) (b) (c) On or ahead of the Overall Project Schedule; and There are no breaches of Notices of Non-Compliant Work; and There is no delinquency in the completion of work and filing of the final breakdown and accounting pursuant to any Change Orders utilizing a Force Account; then, if the Contractor requests and the Design Professional approves in writing, the sum being withheld as retainage will be converted to a lump sum and held by the Owner until Material Completion. 4.1.2.4.2 Reinstatement of Retainage. The Owner will withhold no further retainage from payments to the Contractor unless one or more of the following events occur: (a) (b) (c) The percentage of work complete falls behind the percentage required by the Overall Project Schedule by as much as five percent; or The Contractor breaches a Notice of Non-Compliant Work; or The Contractor becomes delinquent in regard to the filing of the final breakdown and accounting pursuant to any Change Orders utilizing a Force Account; in which event or events the Owner shall reinstate the ten percent retainage on all Applications for Payment due to be paid while one or more of the events continues to exist. The Contractor will be given written notice of the reinstatement of the retainage. 52 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 4 – COMPENSATION PART 1 – GENERAL 4.1.2.4.3 Reconversion to Lump Sum. If the Contractor subsequently: (a) (b) (c) Recovers all lost time and puts the work back on schedule; and Remedies all breaches of Notices of Non-Compliant Work; and Supplies a proper breakdown and accounting pursuant to any Change Orders utilizing a Force Account; then the sums withheld while either or all of the events existed will be again converted to a lump sum. 4.1.2.5 Subcontractor’s Retainage Release. At the discretion of the Owner and request by Contractor, an amount equal to the subcontract retainage of a Subcontractor may be separately released from the retainage held by the Owner as he completes his work. An application in accordance with the Owner’s specimen (See Section 7, Forms) for release of a Subcontractor's retainage shall contain a release of all claims by the Subcontractor and shall bear the original certificates of the Subcontractor, the Contractor, and the Design Professional that the Subcontractor's work has been fully performed and that the sum for which payment is requested is due by the Contractor to the Subcontractor. Checks releasing a Subcontractor's retainage shall be made payable to the Contractor, the Contractor’s surety, and the Subcontractor and shall be mailed to the Contractor’s surety. This article does not create any contractual relationship between the Owner and the Subcontractor or any duty of the Owner to any Subcontractor. 4,1.2.6 Accounting Format. Applications for Payment shall be broken down by CSI Category and, in certain situations, by CSI Description and capital asset category, as set forth in the form for Application for Payment. The purpose is to provide appropriate backup documents for the Contractor’s Final Certification of Costs in conformance with GASB 34 accounting standards. See Section 7 – Forms, “Application for Payment” and Final Certification of Costs. 4.1.3 Processing of Application for Payment (Periodical Estimates). The Contract Compliance Specialist (CCS) will review the Application for Payment prepared and executed by the Contractor and, if he concurs, execute a certificate on the face of the Application for Payment as to its accuracy. The Design Professional shall visit the Site after the Contractor and CCS have agreed on the Application for Payment and conduct such inspections and reviews as are necessary to make a decision as to the accuracy of the Application for Payment. If the CCS and the Contractor cannot agree on the appropriateness of the Application for Payment in question, the Design Professional shall make a decision. Upon determining the appropriateness of the Application, the Design Professional shall execute the certificate on the Application for Payment and forward it to the Owner for payment. Not later than seven days after receipt of the Application for Payment, the Design Professional shall issue its certificate for such amount as it decides to be properly due or state in writing its reasons for withholding any sums in its certificate. 4.1.4 Effect of Design Professional’s Certificate on an Application for Payment. No certificate issued by the Design Professional, nor payment made to the Contractor by the Owner, or partial or entire use or occupancy of the Work by the Owner shall be an acceptance of any work or materials not in accordance with the Contract Documents. 4.1.5 Payment Due. Payment of an Application for Payment shall be due ten days after receipt by the Owner of the certification of the Application for Payment by the Design Professional. 4.1.6 Payment Due Dates and Interest. Should the Owner fail to pay a proper invoice within thirty calendar days of receipt, the Contractor shall notify the Owner in writing by certified or statutory mail. If the Owner fails to pay within five business days of receipt of the notice, the Contractor shall receive, in addition the sum named in the proper invoice, interest thereon at the rate of one half percent per month on the unpaid balance as may be due. 4.1.7 Payments for Change Order Work. Payments will not be made for any changes in the Work until a Change Order has been executed. 53 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 4 – COMPENSATION PART 2 – PAYMENTS WITHHELD PART 2 – PAYMENTS WITHHELD 4.2.1 Payments Withheld. 4.2.1.1 Payments Withheld or Nullified. The Design Professional or the Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or a part of any certificate to such extent as may be necessary to protect the Owner from loss because of the following conditions: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) Defective work not remedied. Claims or liens filed Failure of the Contractor to make payments properly to Subcontractor or Supplier for materials or labor. A reasonable doubt that the Contract can be completed for the balance then unpaid. Damage to a Separate Contractor or to the Owner or a third party. Failure to maintain a rate of progress consistent with the Milestones. Failure to supply enough skilled workers or proper materials. Court-ordered retention. State Tax Forms not on file. Breach of this Contract 4.2.1.2 Withheld Payments Restored. When the conditions above are remedied, payment shall be made for amounts withheld because of them. 54 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 4 – COMPENSATION PART 3 - LIENS PART 3 - LIENS 4.3.1 Public Property Not Subject to Lien. The Contractor acknowledges that, pursuant to law, the Site is public property of the State of Georgia and is not subject to lien or levy. The Contractor will notify the Owner of any liens or levies against the Site of which it becomes aware. The Contractor shall cooperate with the Owner and shall use its best efforts to assist in securing the release of any liens or levies of which it becomes aware. 4.3.2 Notice of Commencement. A Notice of Commencement shall be filed by the Contractor with the Clerk of the Superior Court in the county in which the Project is located, pursuant to O.C.G.A. §13-10-62. 4.3.3 Release of Liens. Neither any part of the retainage nor the Final Payment shall become due until the Contractor, if required, shall deliver to the Owner a complete release of all liens or conditional release of lien upon payment or claims arising out of this contract in accordance with the Owner’s specimen form (a copy of which will be provided to any bidder on request), or receipts in full in place thereof and, if required in either case, an affidavit that so far as he has knowledge or information the releases and receipts include all labor and materials for which a lien or claim could be filed; but the Contractor may, if any Subcontractor or claimant refuses to provide a release, furnish a bond satisfactory to the Owner to indemnify the Owner against any lien or claim. If any lien or claim remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging such lien or claim, including all costs and reasonable attorney's fees. 55 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 5 – CONTRACT ADJUSTMENTS, DISPUTES AND TERMINATION PART 1 – OWNER’S RIGHT TO SUSPEND OR STOP WORK SECTION 5 – CONTRACT ADJUSTMENTS, DISPUTES, AND TERMINATION PART 1 – OWNER’S RIGHT TO SUSPEND OR STOP WORK 5.1.1 Owner’s Right to Suspend Work. The Owner reserves the right, with or without the concurrence of the Design Professional, to suspend the Work at any time or from time to time at the Owner's sole discretion, upon giving Contractor five days advanced written notice thereof. If the Owner exercises this right and then resumes the Work covered hereby, Contractor shall be entitled upon timely claim to a Change Order for payment by Owner of any reasonable Actual Costs actually incurred by Contractor in connection with the suspension and resumption of the Work, as well as an extension in the time for performance of the Work to the extent Contractor is delayed by Owner's suspension, to include compensation based upon the rate for Time Dependent Overhead Costs. The Design Professional shall determine the time, which shall be binding upon both Owner and Contractor, as set forth in Section 3, Part 3. 5.1.2 Owner’s Right to Stop Work. The Owner reserves the right, for itself and for any designated Construction Inspector retained by Owner, upon observation of apparent nonconforming Work, to immediately stop the affected Work. If the Work is later determined by the Design Professional to be in fact conforming Work, then Contractor shall be entitled upon timely claim to a Change Order for payment by Owner of any reasonable Actual Costs actually incurred by Contractor in connection with the stop Work order and resumption of the Work, as well as an extension in the time for performance of the Work to the extent Contractor is delayed by Owner's stop Work order. The Design Professional shall determine the time, which shall be binding upon both Owner and Contractor, as set forth in Section 3, Part 3. 5.1.3 Owner’s Rights Independent from Rights and Duty of the Design Professional. The rights granted to Owner under this Article are independent of the duty and obligation of the Design Professional to stop the Work for non-compliant work or to issue Notices of Non-Compliant Work. 56 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 5 – CONTRACT ADJUSTMENTS, DISPUTES AND TERMINATION PART 2 – CONTRACT ADJUSTMENTS AND DISPUTES PART 2 – CONTRACT ADJUSTMENTS AND DISPUTES 5.2.1 General Provisions. 5.2.1.1 No Arbitration. There is no agreement to arbitrate any dispute arising under the Contract Documents. Any and all references to arbitration in any of the Contract Documents, including without limitation any exhibits, attachments or references, are hereby deleted and rendered null and void. 5.2.1.2 Continuation of the Work. Unless otherwise agreed in writing, and notwithstanding any other rights or obligations of either of the parties under any Contract Documents or Contracts, the Contractor must carry on with the performance of its contract services and the Work, including all duties and obligations hereunder, during the pendency of any Claim, dispute, and other matter in question or during any alternative dispute resolution proceeding, court proceeding, or other proceeding to resolve any Claim, dispute, and other matter in question, and the Owner will continue to make payments in accordance with the Contract Documents. The Owner, however, is under no obligation to make payments on or against such Claims, disputes, and other matters in question during the time required to resolve such Claims, disputes, and other matters in question. 5.2.2 General Claims for Contract Adjustments and Disputes. 5.2.2.1 General Claims of the Contractor. Should the Contractor suffer any injury or damage to person or property that Contractor reasonably believes a legal basis exists for liability on the part of the Owner, Program manager, or Design Professional, and that should result in an adjustment in the Cost of the Work or the Contract Time, such claim shall be made in writing in the form of a Request for Change Order to the Design Professional and copy the owner within fourteen days after such injury or damage is or has been observed. Any and all claims not made within said fourteen days are barred, waived, released, and discharged. The decision of the Design Professional is final and binding on the Contractor unless the Contractor protests the decision of the Design Professional and files a Statement of General Claim as set forth below. 5.2.2.2 Processing of General Claims. All claims must be filed and processed as a request for Change Order and subject to the processes and limitations set forth in Section 3 Part 2. If the requested Change Order is rejected, a protest may be made as set forth in Paragraph 5.2.2.3 below. 5.2.2.3 Protest; Statement of General Claim; Time of Submission. No protest of a claim decision of the Design Professional by the Contractor, whether said claim shall be accrued or prospective, shall be valid unless a "Statement of Claim" in writing and accompanied by vouchers and other supporting data shall have been filed with the Owner’s Representative, or if there is no Owner’s Representative, with the Owner by the Contractor not later than thirty days after the Design Professional’s decision to reject the claim, time being of the essence. The "Statement of Claim" shall contain a concise and clear recital of the grounds and the legal basis upon which the claim is asserted, including a designation of the applicable provisions of the Contract Documents. The Statement of Claim shall indicate the dollar amount of the claim and the number of days of adjustment of the Contract Time. The Owner and Contractor shall endeavor to resolve the dispute in accordance with Article 5.2.3 below. 5.2.2.4 Claims by Subcontractors. No claim or protest shall be made by the Contractor solely on the ground that a Subcontractor, Supplier, or Trade Contractor has made a claim or protest against the Contractor. The Contractor must maintain its claim or protest against the Owner based upon the provisions of the Contract Documents and independent of any right the Subcontractor, Supplier, or Trade Contractor has against the Contractor. The Contractor shall defend the Owner from any claims or protests submitted by a Subcontractor, Supplier, or Trade Contractor asserted in violation of, or contrary to any provision of the Contract Documents. 5.2.3 Dispute Resolution. 5.2.3.1 Initial Dispute Resolution. If a dispute arises out of or relates to this Contract or its breach, the parties shall endeavor to settle the dispute first through direct discussions between the parties’ representatives who have the authority to settle the dispute. If the parties’ representatives are not able to promptly settle the dispute, they shall refer the dispute to the senior administrators of the parties who have the authority to settle the dispute, who shall meet within fourteen days thereafter. If the dispute is not settled by the senior administrators, the parties may submit the dispute to mediation in accordance with Paragraph 5.2.3.2. 5.2.3.2 Mediation. If the dispute cannot be settled pursuant to Paragraph 5.2.3.1, the parties may elect to submit the dispute to mediation. The parties agree to conclude such mediation within sixty days of electing 57 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 5 – CONTRACT ADJUSTMENTS, DISPUTES AND TERMINATION PART 2 – CONTRACT ADJUSTMENTS AND DISPUTES mediation. The parties shall select a mutually agreeable mediator and shall share the cost of the mediator equally. Either party may terminate the mediation at any time after the first session, but the decision to terminate shall be communicated directly by the party’s representative to the other party’s representative and the mediator. 5.2.3.3 Multiparty Proceeding. All parties necessary to resolve a claim shall be parties to the same dispute resolution proceeding and shall share the costs equally. Appropriate provisions shall be included in all other contracts relating to the Work to provide for the consolidation of such dispute resolution procedures. 5.2.3.4 No Litigation. No litigation may be commenced without first following the process in this Article. Action may be filed in the Superior Court in Fulton County, Georgia, pursuant to OCGA §50-21-1, after the filing party provides thirty days written notice to the opposing party. 5.2.4 Certain Claims Excluded from General Claims. 5.2.4.1 All claims for Compensable Delay under Article 3.3.8. 5.2.4.2 3.2.16. All claims for changes to the Work under Article 3.2.12, Article 3.2.13, Article 3.2.14, and Article 58 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 5 – CONTRACT ADJUSTMENTS, DISPUTES AND TERMINATION PART 3 - TERMINATION PART 3 - TERMINATION 5.3.1 Owner’s Right to Terminate Contract for Convenience. 5.3.1.1 Termination for Convenience. The Owner may at any time, and for any reason or without any reason or cause, terminate this Contract by written notice to the Contractor specifying the termination date, without cause and irrespective of whether or not Contractor is in default of any of its obligations hereunder. The effective date of termination shall not be earlier than seven days from the date of confirmed receipt of the written notice. 5.3.1.1.1 The Contractor shall: (i) stop the Services or the Work (as applicable); (ii) place no further orders or Subcontracts for materials, labor, services or equipment; and (iii) terminate all material and equipment orders and Subcontracts to the extent terminable (unless otherwise directed by Owner in writing) and advise Owner of all materials, equipment and other items which cannot be canceled or which are already delivered and allow Owner to participate in the salvage or disposition thereof. 5.3.1.1.2 If Owner terminates this Contract pursuant to this Section prior to the commencement of the Construction Stage, Contractor shall, as soon as practical after receiving notice of termination under Section 5.3.1.1, submit to Owner an Application for Payment for all services performed through the date of receipt of the notice of termination, for which payment has not been previously made pursuant to the terms of this Contract. 5.3.1.1.3 If Owner terminates this Contract pursuant to this Section after commencement of the Construction Stage, Contractor shall, as soon as practical after receiving notice of termination under Section 5.3.1.1, submit to Owner an Application for Payment showing all of the costs incurred by Contractor in the performance of the Work terminated through the date of receipt of the notice of termination. The phrase “costs incurred by Contractor in the performance of the Work terminated” as used herein shall be deemed to include: (i) Subcontract costs of Work completed; (ii) Cancellation fees in regard to equipment and materials ordered; (iii) Cost of all materials and equipment ordered which cannot be cancelled; less actual proceeds received upon the disposition thereof; (iv) Field Work accomplished; (v) Permit, engineering, bond and inspection fees; (vi) All other direct costs actually incurred by Contractor that can be demonstrated by invoice, canceled check, or other appropriate documentation; (vii) General Conditions costs and profit incurred through the date of termination. (viii) Job Site and termination costs for ten business days after the date of termination to be paid at the daily rate Time Dependent Overhead Costs. 5.3.1.2, Acceptance of payment by the Contractor shall constitute a waiver of all further claims by Contractor against Owner under the Contract, and shall be Contractor’s exclusive remedy for termination of the Contract.. Notwithstanding anything to the contrary contained in the Contract Documents, in no event shall Contractor be entitled to any payment on account of accident or lost profits or consequential damages in connection with any termination of the Contract, or otherwise in connection with the Contract. 5.3.1.3 Condition Precedent to Payment. As a condition precedent to receiving the payment set forth in this Article 5.3.1, Contractor shall deliver to the Owner all papers, documents, assignments and agreements relating to the Project, in particular the Contract Documents (including ownership and copyright thereof) as set forth in Article 1.1.7, Paragraphs 1.1.9.17 and 2.2.1.8. 59 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 5 – CONTRACT ADJUSTMENTS, DISPUTES AND TERMINATION PART 3 - TERMINATION 5.3.1.4 Assignment of Rights, Trade, and Subcontracts. 5.3.1.4.1 Assignment. If requested, Contractor shall assign to the Owner or to an entity of Owner's choice any or all of Contractor's contractual rights in respect thereof, so that the assignee shall be fully vested with all rights and benefits of Contractor under such papers, documents and agreements, together with releases and waivers of lien in the same manner as would be required upon Final Completion. The Owner may also request the assignment from Contractor to Owner or to the entity of Owner's choice of any or all Subcontractors and supplier agreements entered into by Contractor and in that event the assignee shall be solely obligated to the Subcontractors and Suppliers under such contracts or agreements for all sums payable thereunder and not previously paid by the Owner to Contractor. 5.3.1.4.2 Cessation of Entitlement. Upon the Contractor's assignment of agreements, contracts, Trade Contracts and/or Owner's payment of monies due Contractor as provided in Subparagraph 5.3.1.4.1 above, Contractor shall be entitled to no further compensation of any kind from Owner and shall have no further obligation with regard to the assigned agreements, contracts, Subcontractors or Supplier. 5.3.2 Owner’s Right to Declare Default and/or Terminate Contract for Cause. 5.3.2.1 Termination for Cause. In the event that any provisions of this Contract are violated by the Contractor, through its own forces or by any of its subcontractors, the Owner may serve written notice upon the Contractor and the surety of the Owner's intention to declare default and terminate the Contractor. Unless within ten days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the Contractor shall, upon the expiration of said ten days, be in default. Such notices shall outline the reasons for such intention to terminate the contract. In the event of any such default, the Owner shall immediately serve notice thereof upon the surety and the Contractor, and the Owner shall demand that the surety perform in accordance with its bond. If the surety fails to exercise its election under the bond or does not commence performance thereof within the time required by the bond, the Owner may take over the Work and prosecute the same to completion for the account of and at the expense of the Contractor. The Contractor and its surety shall be liable to the Owner for any excess cost to the Owner. The Owner may take possession of and utilize in completing the Work such materials, appliances, and plant as may be on the Site and necessary thereto. 5.3.2.2 Grounds for Issuance of Notice of Declaration of Default. It shall be a sufficient ground for the issuance of a notice of declaration of default that the Contractor has been unfaithful or delinquent in the performance of the Contract or any part of it in any respect. The Design Professional does not have authority to declare the Contractor in default. 5.3.2.2.1 Non-Compliant Work. Without limitation of the foregoing and without subtracting from any right or defense of the Owner under other provisions of the Contract Documents, the Contractor acknowledges and agrees that it is grounds for issuance of a notice of declaration of default under the performance bond if the Contractor shall have neglected or failed for any reason to remedy a breach of a Notice of Non-Compliant Work within thirty days after the Owner shall have given written notice of said breach to the Contractor. 5.3.2.2.2 Failure to Prosecute the Work. If the Contractor refuses or fails, except in cases for which extensions of time are provided, to supply enough properly skilled workmen or proper materials, or if it fails to make proper payment to Subcontractors for materials or labor, or if it fails to diligently prosecute the Work in accordance with the Contract Documents, then the Owner may, without prejudice to any right or remedy and after giving the Contractor and its Surety, after ten days' written notice of the Owner’s Intent to Declare Default, during which period the Contractor fails to cure or fails to commence and thereafter diligently prosecute Work necessary to cure the violation, declare the Contractor to be in default. 60 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 5 – CONTRACT ADJUSTMENTS, DISPUTES AND TERMINATION PART 3 - TERMINATION 5.3.2.2.3 Other Failures of the Contractor. If Contractor, without limitation, makes a general assignment for the benefit of its creditors, or if a receiver is appointed on account of its insolvency, or if it persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction over the Project, or if it otherwise is guilty of a violation of any provision of this Contract, then the Owner may, without prejudice to any right or remedy and after giving the Contractor and its Surety, if any, ten days written notice of the Owner’s Intent to Declare Default, during which period the Contractor fails to cure or fails to commence and thereafter diligently prosecute Work necessary to cure the violation, declare the Contractor to be in default. 5.3.2.3 Owner’s Right to Prosecute the Work. Time being of the essence, if the Contractor shall be declared in default, both the Contractor and the Surety agree that the Owner may, after giving the Contractor and Surety the required notice and time under the bond if any is required, without prejudice to any other remedy and without invalidating the performance bond, make good such deficiencies and may deduct the cost thereof from payment due the Contractor or, at the Owner's option and without prejudice to the Owner’s rights against the Contractor and Surety, the Owner may terminate the Contractor and take possession of the Site and of all materials, equipment, tools and construction equipment and machinery thereon owned by the Contractor and finish the Work by whatever method the Owner shall deem expedient. 5.3.2.4 Effect of Later Determination. In the event the parties agree or a court of competent jurisdiction determines (or the parties agree to settle with a consent determination) that a default is wrongful or not the fault of the Contractor, the termination shall be considered to be a Termination for Convenience and the sole remedy available to the Contractor shall be the contractual treatment of the termination pursuant to Article 5.3.1 above and without any other damages or relief. 5.3.3 Contractor’s Right to Terminate. 5.3.3.1 Contractor's Right to Stop Work. The Contractor may, upon seven days written notice to the Owner and the Design Professional, stop Work without penalty for the following reasons: 5.3.3.1.1 Order of Court or Superior Public Authority. If any court or other superior public authority issues an order that affects the Work and the order results from no act or fault of the Contractor, the Contractor may stop the affected Work. In addition, the Contractor may stop Work as a result of an act of government, such as a declaration of a national emergency, making critical materials unavailable. 5.3.3.1.2 Failure to issue Certificate of Payment. Work may be stopped if the Design Professional should fail to certify any Application for Payment within fourteen days after said certification is due from the Design Professional. This ground terminates upon any payment of the Application for Payment by the Owner. 5.3.3.2 Contractor's Right to Terminate Contract. 5.3.3.2.1 Contractor’s Right to Terminate for Nonpayment. If the Owner fails to pay the Contractor when payment is due, the Contractor must give written notice of the Contractor's intention to terminate this Contract. If the Owner fails to provide the Contractor payment or written notice of a dispute as to the amount sought by the Contractor within thirty days after receipt of the Contractor's written notice, the Contractor may terminate this Contract. Upon such termination the Owner will pay the Contractor for the Work properly executed to date, and, upon timely claim therefore, for any proven loss sustained or cost incurred upon any materials, equipment, tools, construction equipment and machinery, and cancellation charges on existing obligations of the Contractor. 5.3.3.2.2 Contractor’s Right to Terminate after Stopping Work. After stopping its Work in accordance with Paragraph 5.3.3.1 above, the Contractor may, upon thirty days written notice to the Owner and the Design Professional, terminate this Contract and recover from the Owner payment for all Work executed and any proven loss sustained or incurred upon any plant or any materials, equipment, tools, construction equipment and machinery, and cancellation charges on existing obligations of the Contractor, if the grounds for stopping the Work are not removed. 5.3.4 Limitation on Payments. For terminations pursuant to Article 5.3.2 and 5.3.3, the Contract Sum shall be deemed earned only to the extent of an amount that bears to the total Contract Sum the same ratio that the Work in place 61 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 5 – CONTRACT ADJUSTMENTS, DISPUTES AND TERMINATION PART 3 - TERMINATION at the time of termination bears to the total Work, as reasonably determined by the Design Professional, and approved by the Owner. 5.3.5 Termination by Owner for Abandonment by Contractor. Both the Contractor and the Surety agree that, after fourteen calendar days’ written notice to the Contractor, the Owner may terminate the Contractor if the Contractor abandons the Project. If such termination occurs, the Owner shall credit the Contractor for Work satisfactorily completed, less any costs and liquidated damages the Owner suffers in correcting the Work, re-contracting and starting-up a replacement contractor, and completing the Project, including all warranties. 5.3.6 Notices of Termination. Notwithstanding any other provision of this Contract, no party may terminate this Contract, regardless of reason, unless the terminating party shall first issue a written Notice of Termination or of Default to the terminated or defaulted party by Statutory Mail or Certified Mail, Return Receipt Requested. 62 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 6 – PROJECT COMPLETION PART 1 – MATERIAL COMPLETION SECTION 6 - PROJECT COMPLETION PART 1 – MATERIAL COMPLETION 6.1.1 Material Completion. 6.1.1.1 Material Completion Defined. Material Completion is when the Work or designated portion thereof is complete in accordance with the Contract Documents so that the Owner and its Using Agency can occupy and utilize the Work for its intended use. Material Completion shall include issuance of any required Health Department inspections and any necessary certificates to operate, certificate of occupancy, as well as complete operation of all applicable building systems including, but not limited to, mechanical, electrical, plumbing, fire protection, fire alarm, security, elevators, life safety, and accessibility. Material Completion occurs when the Work is complete, except for Minor Items or Permitted Incomplete Work or Warranty Complaint Items (see Article 6.6.3), and a Certificate of Material Completion is obtained. 6.1.1.1.1 Material Completion and Occupancy Date. Completion to be achieved. The date designated in the Contract for Material 6.1.1.1.2 Minor Item Defined. A Minor Item is a portion or element of the Work— (a) that can be totally complete within thirty days; and (b) that can be completed while the Using Agency occupies the Work without impeding or interfering with either the Using Agency’s use and occupation of the Work or the Contractor’s ability to complete the Minor Item; and (c) that will not interfere with the complete use and enjoyment of the project by the Using Agency. 6.1.1.1.3 Permitted Incomplete Work Defined. Permitted Incomplete Work is work that is incomplete through no fault of the Contractor, as determined by the Owner, including, but not limited to, seasonal test and balance, seasonal landscaping, scheduled elevator inspection or maintenance, incomplete work due to failure of Separate Contractors to complete work, and the like. 6.1.1.2 When Material Completion Required. Material Completion shall be achieved within the Contract Time and by the Material Completion and Occupancy Date, as amended. Failure by the Contractor to achieve Material Completion by not later than the Material Completion and Occupancy Date, as amended, shall be sufficient cause for the assessment of Liquidated Damages. 6.1.2 Effect of Achieving Material Completion. Upon the date when Material Completion is actually achieved, the following matters are conclusively determined: 6.1.2.1 Occupancy of the Work. The Using Agency may immediately occupy the Work without restriction. 6.1.2.2 Warranty Periods. All warranties begin to run from the date Material Completion is achieved. 6.1.2.3 Utilities. All utilities become the responsibility of the Using Agency. 6.1.2.4 Insurance. The Using Agency is responsible for all insurance for the Project. 6.1.2.5 Liquidated Damages. The Liquidated Damages daily rate is reduced to zero. 6.1.2.6 Payment for Material Completion. The Contractor may request payment of the remaining contract balance, including retainage, less the amounts credited the Owner or incurred as Liquidated Damages, and less the amounts withheld for the punchlist by reason of Minor Items or Permitted Incomplete Work. See Paragraph 6.5.3.2. 6.1.3 Effect of Failure to Achieve Material Completion. Should Material Completion not be achieved by the Material Completion and Occupancy Date, as amended, the following matters are conclusively determined: 6.1.3.1 Breach of Contract. As time is of the essence in the completion of the Work, the Contractor is in breach of the Contract and is subject to default. 6.1.3.2 Liquidated Damages. Liquidated Damages at the specified daily rate in the Contract begin to accrue and are payable on the day immediately following the Material Completion and Occupancy Date. 63 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 6 – PROJECT COMPLETION PART 2 – FINAL COMPLETION PART 2 – FINAL COMPLETION 6.2.1 Final Completion. 6.2.1.1 Final Completion Final Completion shall be evidenced by the Design Professional’s Certificate of Final Completion. Final Completion should include completion of Permitted Incomplete Work, as defined in Section 6, Part 1. 6.2.1.2 When Final Completion Required. Minor Items shall be completed as expeditiously as possible, but not later than thirty days after Material Completion of the Work. Permitted Incomplete Work shall be completed as expeditiously as possible, but not later than a date established by the Design Professional. The Design Professional’s Certificate of Final Completion shall not be issued until all Minor Items and Permitted Incomplete Work are completed. 6.2.1.3 Deductions for Uncorrected Work. If the Design Professional and Owner deem it inexpedient to correct work not done in accordance with Contract Documents, a deduction from the Contract Sum may be made; but there is no duty on the part of the Owner to accept any work not done in accordance with the Contract Documents. 6.2.2 Effect of Achieving Final Completion. Upon the date when Final Completion is achieved and the Design Professional’s Certificate of Final Completion is issued, the following matters are conclusively determined: 6.2.2.1 Project Completion. The Project and the Work are complete. 6.2.2.2 Payment for Final Completion. All amounts withheld from Payment for Material Completion and not previously paid to the Contractor or credited to the Owner, as set forth in Section 6, Part 4, are payable upon receipt of a final pay request from the Contractor. 6.2.3 Effect of Failure to Achieve Final Completion. Should Final Completion not be achieved within the time specified, as amended, the Owner may issue to the Contractor a fourteen-day notice as a final warning to complete the Work. If Final Completion is not achieved by the end of the fourteenth day from the date of the Notice, the following matters are conclusively determined, subject to any request for extension of time as set forth in paragraph 6.2.3.3 below: 6.2.3.1 Breach of Contract. As time is of the essence in the completion of the Work, the Contractor is in breach of the Contract and is subject to default. 6.2.3.2 Ineligibility to Bid Upon State Contracts. The Contractor is ineligible to bid or propose on any contract of the Owner, the Georgia State Financing and Investment Commission, the Board of Regents of the University System of Georgia or any unit of the University System of Georgia, or the Georgia Department of Administrative Services. In the event a bid has been submitted but the bid award has not been made, the Contractor’s ineligibility requires that its bid be rejected. 6.2.3.2.1 Automatic Restoration of Eligibility to Bid. The Contractor’s eligibility to bid upon state contracts shall be restored automatically as of the date of achievement of Final Completion as evidenced by the Certificate of Final Completion. 6.2.3.2.2 Application to Reinstate Eligibility to Bid. If the Contractor never achieves Final Completion, the Contractor’s eligibility to bid or propose on state contracts may be reinstated upon the following: (a) Not earlier than eighteen months after the date of failure to achieve Final Completion, a written application requesting reinstatement of eligibility to one of the following: the Director, Construction Division, GSFIC; the Vice Chancellor for Facilities, Board of Regents; or the Commissioner, Department of Administrative Services; and (b) The showing of good and just cause to believe that the actual achievement of Final Completion was impossible, or the showing of other good and just cause that the Contractor’s eligibility should be reinstated. (c) The Contractor may request a personal presentation in the application. 6.2.3.3 Extension of Time for Final Completion. The Contractor may file a request for an additional extension of time in the manner prescribed in Section 3, Part 3, and the effects of Failure to Achieve Final Completion shall be suspended until the Design Professional’s decision. Should the Design Professional grant the application for extension of time generally, the time for achieving Final Completion shall be adjusted accordingly. Should the 64 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 6 – PROJECT COMPLETION PART 2 – FINAL COMPLETION Design Professional grant the application for extension of time for a specific item of Work, that item of Work shall be deemed Permitted Incomplete Work with a specific individual final completion date. 65 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 6 – PROJECT COMPLETION PART 3 – INSPECTIONS FOR COMPLETION OF THE WORK PART 3 – INSPECTIONS FOR COMPLETION OF THE WORK 6.3.1 General Responsibility of the Contractor for Inspection. The Contractor acknowledges and agrees that it has an indivisible, non-delegable, and nontransferable contractual obligation to the Owner to make its own inspections of the Work at all stages of construction; and it shall supervise and superintend performance of the Contract in such manner as to enable it to confirm and corroborate at all times that all work has been executed strictly in accordance with the methods and materials designated in the Contract Documents. The Contractor’s inspections are also for the purpose of permitting the Contractor to accurately represent that (a) its certifications on Applications for Payment are true and correct and (b) its notices of readiness for inspections are true and correct. Accordingly, the Contractor acknowledges and agrees that it may not defend or excuse any deviation from the Contract Documents on the ground (a) that another person or party failed to bring the deviation to its attention, or (b) that any Subcontractor is at fault. 6.3.2 Notice of Readiness for Inspection for Material Completion. 6.3.2.1 Preparation of Initial Punchlist. Prior to the Material Completion and Occupancy Date, as amended, the Contractor shall correct all non-compliant or incomplete work. The Contractor shall then prepare an initial punchlist itemizing to the best of the Contractor’s knowledge all Minor Items and Permitted Incomplete Work (as defined in Section 6, Part 1) and provide a copy of the initial punchlist to the Design Professional and Owner. The Contractor is encouraged to consult with the Design Professional prior to finalizing the initial punchlist, in particular in arriving at consensus for Minor Items and Permitted Incomplete Work. 6.3.2.2 Contractor’s Notice of Readiness for Inspection for Material Completion. After or simultaneously with the provision of the initial punchlist, the Contractor shall give the Design Professional and Owner written Notice of Readiness for Inspection for Material Completion in the following words: The work on the Contract for the [show name of Project as it appears in the Contract] having been materially completed, I request that the Design Professional perform an Inspection for Material Completion promptly in accordance with Section 6 of the General Conditions. I have attached the initial punchlist. 6.3.2.3 No Inspection without Notice. No Inspection for Material Completion shall be made until such time as the Design Professional and Owner have received notice in the form indicated above. In the event the Contractor shall have issued the Contractor’s Notice of Readiness for Inspection for Material Completion prematurely, the Contractor shall be liable for the damage resulting therefrom, including but not limited to the salaries, professional fees, travel expenses, and living expenses of the persons or parties inconvenienced thereby. 6.3.2.4 Additional Requirements for Inspection for Material Completion. The Contractor shall not request any Inspection for Material Completion before the Contractor has provided to the Design Professional the following: 6.3.2.4.1 a copy of the initial test and balance report on the heating, ventilating, and air conditioning system; 6.3.2.4.2 a copy of the facility operation and maintenance instructions, and any other documents specified by the Design Professional in Division 1 of the Specifications; and 6.3.2.4.3 A certification from the Contractor that all building systems specified in Paragraph 6.1.1.1 above are operational. The Contractor expressly agrees that obtaining the manufacturer’s warranties are solely the responsibility of the Contractor. In fulfilling this responsibility, the Contractor shall obtain the manufacturer’s certificates in the format specified in Section 7 below, and shall coordinate the initial start-up and testing of building systems. In all cases where the equipment of two or more manufacturers ties in and functions together, the Contractor shall require the manufacturers’ field representatives to perform simultaneously the initial start-up, the testing, and the placing of their equipment into operation. "Start-up" is defined as putting the equipment into action. "Testing" is defined as performing such testing as is stipulated in the Contract Documents to be performed. "Placing into operation" is defined as operating the equipment for a sufficient period of time to determine that it is performing properly. 66 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 6 – PROJECT COMPLETION PART 3 – INSPECTIONS FOR COMPLETION OF THE WORK 6.3.3 Conducting the Inspection for Material Completion. The Design Professional shall conduct the Inspection for Material Completion within seven days of receipt of the notice specified in Paragraph 6.3.3.2. The Design Professional shall confirm the initial punchlist, shall add or delete Minor Items or Permitted Incomplete Work as appropriate, shall assign values to each item on the punchlist, and shall assign completion dates for the items of Permitted Incomplete Work. At the completion of the Inspection for Material Completion, the resulting punchlist shall be finalized by the Design Professional and provided to the Contractor within five days and shall become the final punchlist. Upon determination of conformity with the definition of Material Completion as specified in Section 6.1.1.1 above, the Design Professional shall issue a Certificate of Material Completion. 6.3.4 Notification of Using Agency of Site Visits by the Contractor or Subcontractors. Following the issuance of a Certificate of Material Completion, the Contractor or its Subcontractors shall not visit the Site without first giving notice to the Using Agency and the Owner. 6.3.5 Contractor’s Notice of Readiness for Interim Inspection for Punchlist Completion. Not more than thirty days after Material Completion, and upon completion of the Final Punchlist (including all Minor Items and such Permitted Incomplete Items as are due to be completed), the Contractor shall give the Design Professional and Owner written notice requesting Inspection for Final Completion in the following words: The work on the Contract for the [show name of Project as it appears in the Contract] having been 100% completed, except for Permitted Incomplete Work not yet due to be completed, I request that the Design Professional perform an Inspection for Final Completion promptly in accordance with Section 6 of the General Conditions. No inspection for Interim Inspection for Punchlist Completion shall be made until the Design Professional and the Owner have received notice in the form indicated above. In the event the Contractor shall have issued the Contractor’s Notice of Readiness for Interim Inspection for Punchlist Completion prematurely, the Contractor shall be liable for the damages resulting therefrom, including but not limited to the salaries, professional fees, travel expenses, and living expenses of the persons or parties inconvenienced thereby. 6.3.6 Conducting the Interim Inspection for Punchlist Completion. The Design Professional will conduct the Inspection for Final Completion. The Design Professional will confirm the final punchlist has been completed including all Minor Items. Upon completion of the inspection, the Design Professional will issue a Report of Interim Inspection, noting any Permitted Incomplete Work that remains to be accomplished and the date by which it is to be completed. In the event all Permitted Incomplete Work has been completed at the time of this Interim Inspection, and the Design Professional so certifies, then this inspection shall be deemed an Inspection for Final Completion. In the event any Minor Item is determined to be incomplete, the Owner may give the fourteen-day notice of failure to complete the Work, as set forth in Article 6.2.3. 6.3.7 Conducting the Inspection for Final Completion. When all Permitted Incomplete Work has been completed or scheduled for completion, the Owner shall call for and the Design Professional shall schedule the Final Inspection with the Owner and Contractor. The Design Professional shall conduct the Inspection for Final Completion and shall confirm that all Permitted Incomplete Work has been completed. Then the Design Professional shall issue the Certificate of Final Completion and Final Payment and any remaining funds may, upon an Application for Payment, be paid to the Contractor. Any Final Documents not yet submitted must be submitted with the Application for Final Payment. In the event any item of Permitted Incomplete Work is determined to be incomplete and the date for its completion has passed, the Owner may give the fourteen-day notice of failure to complete the Work, as set forth in Article 6.2.3. 67 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 6 – PROJECT COMPLETION PART 4 – FINAL DOCUMENTS PART 4 – FINAL DOCUMENTS 6.4.1 Final Documents. 6.4.1.1 Final Documents Defined. Final Documents consist of all documents set forth in Division 1 of the specifications, as well as all warranties and guarantees required by the Contract Documents. 6.4.1.2 Minimum Specific Final Documents Required. Prior to submission of the Application for Payment for Material Completion, all Final Documents, including but not limited to the following, must be submitted to the Owner and Using Agency: 6.4.1.2.1 Affidavits. (a) A Non-Influence Affidavit in the exact form as shown in Section 7, Forms. (b) A Statutory Affidavit in the exact form as shown in Section 7, Forms. Any exceptions to the Statutory Affidavit are subject to the approval of the Owner. 6.4.1.2.2 Bonds. (a) A Five-Year Bond for Roofs and Walls as shown in Section 7, Forms, written by a surety authorized to do business in the State of Georgia and in the penal sum of the actual cost of the exterior walls, wall cladding, wall components, wall insulation, roof insulation, roof deck and roof but not less than the amount shown as in the approved initial breakdown for these roof systems and wall systems. (b) Any Bonds to Discharge Claim issued to Subcontractors and Suppliers as shown in Section 7, Forms. 6.4.1.2.3 Marked-up Construction Documents. The Contractor shall provide a complete set of Marked-up Contract Documents to the Design Professional, which set shall reflect all changes caused by RFIs, field changes, Change Orders, or observed changes by the Contractor or subcontractor(s) for the purpose of the Design Professional’s issuance of Record Documents to the Owner. 6.4.1.2.4 Operation and Maintenance Data and Instructions and Training. The Contractor shall furnish proper written instructions to the Owner and Using Agency on operation and maintenance of all mechanical and electrical equipment. The Contractor shall provide training to the Using Agency in the operation and maintenance of all mechanical and electrical systems in the presence of the Design Professional and Owner and shall give notice in writing to the Design Professional, Owner and Using Agency at least fifteen days prior to the date it is proposes for the training. For all items of mechanical or electrical equipment or apparatus installed that require operation or maintenance after occupancy, the Contractor shall furnish and deliver to the Owner and Using Agency complete brochures and data as prepared and published by the manufacturers covering details of operation and maintenance. 6.4.1.2.5 Certificates of Manufacturers for Major Components. Certificates of Manufacturers shall be provided for elevators, moving walks, dumbwaiters, escalators, lifts, major components of HVAC and plumbing systems, e.g., cooling towers, compressors, condensers, absorption units, chiller units, fan coil units, air handling units, boilers, base mounted pumps, temperature controls, chemical feed systems; sewage pumps and water treatment systems, and incinerator systems; and major components of electrical systems. Start-up, testing, and placing into operation shall be performed by the field representative(s) of the manufacturer(s), and certificate(s) of the manufacturer(s) shall be filed with the Owner on the letterhead(s) of the manufacturer(s) in which the manufacturer(s) certifies or certify that "the equipment has been installed in strict compliance with the recommendations of the manufacturer(s) and is operating properly,” in the format shown in Section 7, Forms. The manufacturer shall list in the certificate the item or items furnished to the job and the date, name, or other positive means of identifying any supplementary documents containing the recommendations of the manufacturer, with a copy of each of the supplementary documents attached to the certificate. 6.4.1.2.6 Final Certification of Costs. For proper capital asset reporting of the Project, the Contractor shall submit its Final Certification of Costs in the format set forth in Section 7, Forms. 6.4.1.2.7 Keys. Unless an alternative locking or keying system is specified, a minimum of two sets of keys, with tags indicating room number or room description or door each key is intended to fit attached 68 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 6 – PROJECT COMPLETION PART 4 – FINAL DOCUMENTS to each key, shall be delivered to the Owner and Using Agency. Contractor shall prepare and furnish with the keys an itemized key schedule listing the room number or room description or door, serial number of key, and number of keys being delivered for each door or lock. 6.4.2 Presentation of Final Documents. At the time of the Inspection for Material Completion, but in any event prior to the application for Final Payment, the Contractor will provide the Owner and Using Agency with a three ring binder containing all of the Final Documents, warranties, and guarantees required by the Contract Documents. Included in the binder shall be the documents indicating the brand names actually used in the installation of the work. 6.4.3 Keys. Keys with tags indicating number and/or description of door or room each key is intended to fit attached to each key shall be delivered to the Owner and Using Agency. The Contractor shall prepare and furnish with the keys an itemized key schedule in quintuplicate listing the door or room number and/or description, serial number of key, and number of keys being delivered for each door or lock. 69 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 6 – PROJECT COMPLETION PART 5 – PAYMENT FOR MATERIAL COMPLETION AND FINAL PAYMENT PART 5 – PAYMENT FOR MATERIAL COMPLETION AND FINAL PAYMENT 6.5.1 Payment for Material Completion. Payment for Material Completion shall be due 10 days after receipt by the Owner of the application for payment upon achievement and certification of Material Completion, provided that Final Documents shall have been submitted. Payment shall be made by a check payable jointly to the Contractor and surety and shall be mailed to the surety. 6.5.2 Application for Payment for Material Completion. 6.5.2.1 Certification of Contractor. The Contractor shall certify, over his own signature, that the Work provided for by the Contract Documents has been completed under the terms and conditions thereof, and that the entire balance of the contract, including retainage, is due and payable, except for those amounts determined by the Design Professional to be withheld due to credits due to the Owner and Minor Items or Permitted Incomplete Work pursuant to Article 6.6.3 below. 6.5.2.2 Supporting Documentation. 6.5.2.2.1 Financial Data. The Contractor shall submit evidence satisfactory to the Design Professional that all payrolls, material bills, and other indebtedness connected with the work have been paid. 6.5.2.2.2 Affidavits and Bonds. The Contractor shall attach copies of the affidavits and bonds set forth in subparagraphs 6.4.2.2.1 and 2 above, execute the payment certification and forward it directly to the Design Professional. 6.5.3 Release of Contractor’s Retainage. 6.5.3.1 Establishment of List. At the completion of the Inspection for Material Completion, the Design Professional and Contractor, with the consent of the Owner, shall develop the Final Punchlist. The Design Professional will assign a value for each the Minor Items and Permitted Incomplete Work. 6.5.3.2 Establishment of Amount of to be Withheld for Punchlist Items. In general, the amount to be withheld from the Payment for Material Completion and to be paid upon Final Completion shall be equal to 200% of the Design Professional’s value of completing the Work for each Minor Item or Permitted Incomplete Work. The following additional amounts to be withheld shall be applied where applicable. 6.5.3.2.1 Mechanical and HVAC Systems. Until such time as the Design Professional shall have certified that the heating system has been balanced under seasonable weather conditions, the amount withheld shall in no event be less than $1,000.00. 6.5.3.2.2 Certificates. For each certificate required for major components a sum of $500.00 shall be withheld until such certificate shall have been filed with the Owner and Institution. 6.5.4 Effect of Payment for Material Completion and Release of Claims. Owner shall process the Payment for Material Completion as expeditiously as possible in accordance with the certification of the Design Professional, but interest shall not accrue until thirty (30) days have elapsed from receipt, unless error is found in the application or supporting documents. Acceptance of Payment for Material Completion by the Contractor shall operate as settlement, waiver, release, discharge and payment in full of all claims against Owner of any nature arising out of the Project except for the work associated with the Minor Items and the Permitted Incomplete Work. 6.5.5 Final Payment. Final Payment shall be due 10 days after receipt by the Owner of the application for payment upon achievement and certification of Final Completion, provided that Final Documents shall have been submitted. Payment shall be made by a check payable jointly to the Contractor and surety and shall be mailed to the surety. Owner shall process the Final Payment expeditiously as possible in accordance with the certification of the Design Professional, but interest shall not accrue until thirty (30) days have elapsed from receipt, unless error is found in the application or supporting documents. 6.5.5.1 Certification of Contractor. The Contractor shall certify, over his own signature, that the Work provided for by the Contract Documents has been completed under the terms and conditions thereof, and that the entire balance of the contract is due and payable. 70 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 6 – PROJECT COMPLETION PART 5 – PAYMENT FOR MATERIAL COMPLETION AND FINAL PAYMENT 6.5.5.2 Supporting Documentation. 6.5.5.2.1 Financial Data. The Contractor shall submit evidence satisfactory to the Design Professional that all payrolls, material bills, and other indebtedness connected with the work have been paid. 6.5.5.2.2 Affidavits and Bonds. The Contractor shall attach copies of the affidavits and bonds set forth in subparagraphs 6.4.2.2.1 and 2 above, execute the payment certification, and forward it directly to the Design Professional. 6.5.6 Effect of Final Payment and Release of Claims. Acceptance of Final Payment for Material Completion by the Contractor shall operate as settlement, waiver, release, discharge and payment in full of all claims against Owner of any nature arising out of the Project. 71 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 6 – PROJECT COMPLETION PART 6 – CORRECTION OF WORK AFTER FINAL PAYMENT PART 6 – CORRECTION OF WORK AFTER FINAL PAYMENT 6.6.1 Non-Compliant or Defective Work. Neither the Design Professional's Certificate of Final Completion, nor any decision of the Design Professional, nor payment, nor any provision in the Contract shall relieve the Contractor of responsibility for faulty materials, faulty workmanship, or omission of contract work, and it shall remedy any defects or supply any omissions resulting therefrom and pay for any damage to other work resulting therefrom. 6.6.1.2 Notice of Non-Compliant or Defective Work. The Owner shall give notice of observed defects or omissions with reasonable promptness. Attached to or included within the notice shall be a Notice of NonCompliant Work. 6.6.1.3 Correction of the Work. Within the space of time designated in Notices of Non-Compliant Work and without expense to the Owner, the Contractor shall correct, remedy, replace, re-execute, supply omitted work, or remove from the premises all work designated as non-compliant by the Design Professional. The Contractor shall give prompt notice in writing to the Design Professional, with copy to the Owner, upon completion of the supplying of any omitted work or the correction of any work designated as non-compliant by the Design Professional. In the absence of said notice, it shall be and is presumed under this Contract that there has been no correction of the non-compliant work or supplying of omitted work. If the Contractor does not remove, make good the deficiency, correct, or remedy faulty work, or supply any omitted work within the space of time designated in Notices of Non-Compliant Work, then the Owner, after ten days' notice in writing to the Contractor, may remove the work, correct the work, remedy the work or supply omitted work at the expense of the Contractor. In case of emergency involving health, safety of property, or safety of life the Owner may proceed at once with correction of the Work without waiving any rights of the Owner. Correction of defective work executed under the plans and specifications or supplying of omitted work whether or not covered by warranty of a subcontractor or supplier, remains the primary, direct responsibility of the Contractor. The foregoing obligation of the Contractor shall remain in effect until the expiration of the statute of limitations covering the Work. 6.6.2 Warranty and Guaranty. The Contractor warrants and guarantees that all work executed under the Contract Documents shall be free from defects of materials or workmanship for a period of one year from the date of Material Completion. Whenever a manufacturer’s warranty or the Contract Documents call for written guaranties or warranties in excess of one year, the Contractor shall furnish them in such form as to permit direct enforcement by the Owner against any Subcontractor, Supplier, or manufacturer whose guaranty or warranty is called for. The Contractor further agrees to all of the following: 6.6.2.1 Jointly and Severally Liable. The Contractor is jointly and severally liable with such Subcontractors, Trade Contractors, Suppliers, or manufacturers; 6.6.2.2 Ratification of Warranties by the Contractor. The warranties and guaranties of the Subcontractors, Trade Contractors, Suppliers, and manufacturers are provided by the Contractor for purposes of performance under this article, and the Contractor, ratifies them by its warranty and guaranty; 6.6.2.3 Service of notice. Service of notice on the Contractor that there has been breach of any warranty or guaranty will be sufficient to invoke the terms of this article; 6.6.2.4 Bind Subcontractors, etc. The Contractor shall bind its Subcontractors, Trade Contractors, Suppliers, and manufacturers to the terms of this article; and 6.6.2.5 Warranties no Limitation. The calling for or the furnishing of written warranties shall in no way limit the contractual obligation of the Contractor to correct the work as set forth in this Part. The remedies stated in this article are in addition to the remedies otherwise available to the Owner, do not exclude such other remedies, and are without prejudice to any other remedies. 72 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 6 – PROJECT COMPLETION PART 6 – CORRECTION OF WORK AFTER FINAL PAYMENT 6.6.3 Warranty Complaint Item Procedure. 6.6.3.1 Notice of Warranty/Guaranty Complaint Items. The Owner and Using Agency may provide notice of warranty work by a warranty complaint letter, sent by statutory mail or facsimile to the Contractor. The letter should outline the complaint item in non-technical language. In emergency situations, the initial notification may be oral to a person or office designated by the Contractor. The Contractor shall respond promptly to all such notices. 6.6.3.2 Duty to Correct. During the one year period of the warranty and guaranty, any defects of material or workmanship that become apparent shall be the responsibility of the Contractor until and unless the Contractor can show abuse or design defect. The Contractor shall immediately correct all defects that become known during the one year period at no cost to the Owner unless notice is given to the Design Professional, Owner and Using Agency, prior to correcting the defect that the cause of the defect is the result of abuse or design deficiency. 6.6.3.2.1 Initial Response. When the Using Agency, the Owner, or the Design Professional notifies the Contractor of a defect, the Contractor will visit the site to review the complaint within five days and shall promptly correct the Work. If the Contractor fails to respond within this time limit, the Owner may correct the defect or malfunction and charge the Contractor for the Work. The Contractor shall give notice in writing to the Owner when corrections have been completed. 6.6.3.2.2 Design Defect or User Abuse. If the Contractor believes that a design defect or user abuse has caused the malfunction or defect, he will notify the Design Professional and the Design Professional will issue a formal decision in his capacity as Design Professional and initial interpreter of the conditions of the contract. If the Contractor disagrees with the Design Professional’s response, he shall protest to the Owner in accordance with Section Five Part two. If it is determined the complaint is not the responsibility of the Contractor, the Contractor shall be promptly paid for the cost of the corrective work. 6.6.3.2.3 Emergency Situations. If the condition is an emergency, this will be communicated to the Contractor with the request that corrections are to be accomplished immediately. The Contractor shall respond to the notice in emergency situations within twenty-four hours. If the Contractor fails to respond within this time limit, the Owner may correct the defect and charge the Contractor for the Work. If it is determined the complaint is not the responsibility of the Contractor, the Contractor shall be promptly paid for the cost of the corrective work. The Contractor shall give notice in writing to the Owner when corrections have been completed. 73 DBB CONSTRUCTION CONTRACT GENERAL CONDITIONS VERSION 07/01/2010 SECTION 7 – FORMS SECTION 7 – FORMS FORMS INDEX: Performance Bond Payment Bond Contractor Affidavit and Certificate of Compliance Subcontractor Affidavit and Certificate of Compliance Non-Influence Affidavit Statutory Affidavit Five Year Bond on Roofs and Walls Specimen Certificate of Manufacturer Certificate of Insurance Bond to Discharge Claim Change Order Forms Application for Payment Form Subcontractor Retainage Release Certificate Final Certification of Costs 1 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 – FORMS PERFORMANCE BOND PERFORMANCE BOND Bond No. ______________________ Project No. ____________________ KNOW ALL MEN BY THESE PRESENTS: That ___________________________________________________________ as principal (hereinafter referred to (Legal Name and Address of the Contractor) as "Contractor"), and ________________________________________________ as surety (hereinafter referred to (Legal Title and Address of Surety) as "Surety"), are held and firmly bound unto the Board of Regents of the University System of Georgia as Obligee (hereinafter referred to as "Owner") in the amount of ____________________________________________ _______________________________________________ DOLLARS ($__________________________), to which payment Contractor and Surety bind Themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered into a contract with the Owner bearing date of _____________________________for:____________________________________________________________ ( Insert Name of Work) in accordance with drawings and specifications prepared by: _____________________________________ which (Full Name and Title) said contract is incorporated herein by reference and made a part hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Contractor shall promptly and faithfully perform and comply with the terms and conditions of said contract; and shall indemnify and save harmless the Owner against and from all cost, expenses, damages, injury or loss to which said Owner may be subjected by reason of any wrongdoing, including patent infringement, misconduct, want of care or skill, default or failure of performance on the part of said Principal, his agents, subcontractors or employees, in the execution or performance of said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. (1) The said Surety to this bond, for value received, hereby stipulates and agrees that no change or changes, extension of time or extensions of time, alteration or alterations or addition or additions to the terms of the contract, or to the work to be performed thereunder, or the specifications or drawings accompanying same, or the exercise of the Owner’s right to do work pursuant to Articles 1.3.7, 1.7.8, or 5.3.5, or Paragraphs 3.4.1.4 or 5.3.2.3, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change or changes, extension of time or extensions of time, alteration or alterations or addition or additions to the terms of the contract or to the Work or to the specifications or drawings. In addition, the Surety to this bond, for value received, hereby agrees to the provisions of Article 1.5.1, including Paragraph 1.5.1.3 for increases in the penal amount of this bond, and waives notice from the Owner of any such changes. (2) If pursuant to the Contract Documents the Contractor shall be declared in default by the Owner under the aforesaid Contract and the Owner has terminated the Contractor’s right to complete the Contract, the Surety shall promptly perform this bond agreement in accordance with its terms and conditions. If Surety chooses to investigate, Owner shall cooperate with the Surety in its investigation and shall make all public project records available for inspection by Surety at no cost to Owner. It shall be the duty of the Surety to give an unequivocal notice in writing to the Owner, within twenty-five (25) days after receipt of such a declaration of default, of the Surety's election to either remedy the default or defaults promptly or to perform the Contract promptly, time being of the essence. In said notice of election, the Surety shall indicate the date on which the remedy or performance will commence, and it shall then be the duty of the Surety to give prompt notice in writing to the Owner immediately upon completion of (a) the remedy and/or correction of each default, (b) the remedy and/or correction or each item of condemned work, (c) the furnishing of each omitted item of work, and (d) the performance of the contract. The Surety shall not assert its Principal as justification for its failure to give notice of election or for its failure to promptly remedy the default or defaults or perform the Contract. (3) It is expressly agreed by the Principal and the Surety that the Owner, if he desires to do so, is at liberty to make inquiries at any time of subcontractors, laborers, materialmen, or other parties concerning the status of payments for labor, materials, or services furnished in the prosecution of the work. (4) 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 legal successors of the Owner. 2 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 – FORMS PERFORMANCE BOND (5) For the purposes of this bond, the name and address of the responsible official of the Surety’s claims department, to whom correspondence and telecommunications may be addressed and/or with whom business concerning this bond may be conducted will be as follows: NAME TITLE __________________________________________________________________ ADDRESS CITY STATE ZIP CODE TELEPHONE (6) Further, this bond shall be the Performance Bond furnished under O.C.G.A. §§ 13-10-2, 13-10-20 and shall be subject to increase in the penal amount of the bond pursuant to such statutes and Article 1.5.1 of the Contract. (7) No action can be instituted on this bond after one year from the date of Final Completion as determined pursuant to Article 6.2.2. SIGNED AND SEALED THIS ___________ DAY OF __________________________, 20_____. ATTEST: (NAME OF Contractor) By Secretary(*) President (SURETY) (*)(*) (TITLE) (*) Please apply seal of Corporation over Secretary’s Signature. (*)(*) Please apply seal of Surety and arrange for countersignature by a “Georgia Licensed Agent” of Surety pursuant to O.C.G.A. §33-23-5. Kindly show title of the aforesaid agent as “Georgia Licensed Agent.” (*) Attach Power of Attorney 3 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 – FORMS PAYMENT BOND PAYMENT BOND Bond No. ______________________ Project No. ____________________ KNOW ALL MEN BY THESE PRESENTS: That____________________________________________________________ as Principal (hereinafter referred to as the (Legal Title and Address of the Contractor) "Principal") and ____________________________________________________________ as Surety (hereinafter referred ( Legal Name and Address of the Surety) to as "Surety"), are held and firmly bound unto the BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA as Obligee (hereinafter referred to as "Owner") for the use and benefit of claimants defined, hereinafter in the amount of:__________________________________________________________ DOLLARS ($__________________________) (Insert Contract Price) to which payment Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered into a contract with Owner dated ___________________ for ___________________________________________________________ in accordance with the drawings and (Insert Name of Work) specifications prepared by: _________________________________________________ which contract is incorporated herein (Here insert Full Name and Title) by reference and made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and materials supplied in the prosecution of the work provided for in said Contract, then this obligation shall be void, otherwise it shall remain in full force and effect subject, however, to the following conditions: (1) The said Surety to this bond, for value received, hereby stipulates and agrees that no change or changes, extension of time or extensions of time, alteration or alterations or addition or additions to the terms of the contract or to the work to be performed thereunder, or the specifications or drawings accompanying same, or the exercise of the Owner’s right to do work pursuant to Articles 1.3.7,1.7.8 or 5.3.5 or Paragraphs 3.4.1.4 or 5.3.2.3, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change or changes, extension of time or extensions of time, alteration or alterations or addition or additions to the terms of the contract or to the Work or to the specifications or drawings. In addition, the Surety to this bond, for value received, hereby agrees to the provisions of Article 1.5.1, including Paragraph 1.5.1.3, for increases in the penal amount of this bond and waives notice from the Owner of any such changes. (2) A claimant is defined as any subcontractor and any person supplying labor, materials, machinery, or equipment in the prosecution of the work provided for in said contract. (3) Every person entitled to the protection hereunder and who has not been paid in full for labor or materials furnished in the prosecution of the work referred to in said bond before the expiration of a period of ninety (90) days after the day on which the last of the labor was done or performed by him, or materials or equipment or machinery was furnished or supplied by him for which claim is made, shall have the right to sue on such payment bond for the amount, or the balance thereof, unpaid at the time of the commencement of such action and to prosecute such action to final execution and judgment for the sum or sums due him, provided, however, that any person having direct contractual relationship with a subcontractor, but no contractual relationship express or implied with the Contractor furnishing said payment bond shall have (a) given written notice to said Contractor within ninety (90) days from the day on which such person did or performed the last of the labor, or furnished the last of the materials or machinery or equipment for which such claim is made stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished or supplied or for whom the labor was performed or done; and (b) if the Contractor has filed a Notice of Commencement in accordance with the requirements of O.C.G.A. §13-10-62 and Articles 4.3.2 of the contract, given to said contractor a written Notice to Contractor within 30 days from the filing of the Notice of Commencement or 30 days following the first delivery of labor, materials, machinery or equipment, whichever is later, setting forth: A) The name, address, and telephone number of the person providing labor, material, machinery, or equipment; B) The name and address of each person at whose instance the labor, material, machinery or equipment is being furnished; C) The name and the location of the public work; and D) A description of the labor, material, machinery, or equipment being provided and, if known, the contract price or anticipated value of the labor, material, machinery, or equipment to be provided or the amount claimed to be due, if any. It is provided further that nothing contained herein shall limit the right of action to said 90-day period. Notice may be served by the depositing of a notice, certified mail, postage paid, duly addressed to the Contractor at any place he maintains an office or conducts his business, or his residence, in any post office or branch post office or any letter box under the control of the Post Office Department or notice may be served by statutory mail pursuant to O.C.G.A. §9-10-12 or in any manner in which the sheriffs of 4 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 – FORMS PAYMENT BOND Georgia are authorized by law to serve summons or process. Every suit instituted under this section shall be brought in the name of the claimant without Owner being made a party thereof. The official who has custody of said bond is authorized and directed to furnish, to any person making application thereof who submits an affidavit that he has supplied labor or materials for such work and payment therefore has not been made, or that he is being sued on any such bond, a copy of such bond and the contract for which it was given, certified, by the official who has custody of said bond and contract shall be admitted in evidence without further proof. Applicants shall pay for such certified statements and such fees as the official fixes to cover the cost of preparation thereof, but in no case shall the fixed fee exceed the fees that the clerks of the superior courts are permitted to charge for similar copies. (4) It is expressly agreed by the Principal and the Surety that the Owner, if he desires to do so, is at liberty to make inquiries at any time of subcontractors, laborers, materialmen, or other parties concerning the status of payments for labor, materials, or services furnished in the prosecution of the work. (5) For the purposes of this bond, the name and address of the responsible official of the Surety’s claims department, to whom correspondence and telecommunications may be addressed and/or with whom business concerning this bond may be conducted will be as follows: NAME TITLE __________________________________________________________________ ADDRESS CITY STATE ZIP CODE TELEPHONE (6) Further, this bond shall be the Payment Bond furnished under O.C.G.A. §§ 13-10-1, 13-10-60 et seq. and shall be subject to increase in the penal amount of the bond pursuant to such statutes and Article 1.5.1 of the Contract. (7) No action can be instituted on this bond after one year from the date of Final Completion as determined pursuant to Article 6.2.2. SIGNED AND SEALED THIS ___________ DAY OF __________________________, 20_____. ATTEST: (NAME OF Contractor) By Secretary(*) President (SURETY) (*)(*) (TITLE) (*) Please apply seal of Corporation over Secretary’s Signature. (*)(*)Please apply seal of Surety and arrange for countersignature by a “Georgia Licensed Agent” of Surety pursuant to O.C.G.A. §33-23-5. Kindly show title of the aforesaid agent as “Georgia Licensed Agent.” (*) Attach Power of Attorney 5 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 – FORMS CONTRACTOR AFFIDAVIT AND CERTIFICATE OF COMPLIANCE CONTRACTOR AFFIDVIT AND CERTIFICATE OF COMPLIANCE GEORGIA SECURITY AND IMMIGRATION CERTIFICATION (FEDERAL AND STATE WORK AUTHORIZATION PROGRAMS) STATE OF GEORGIA; COUNTY OF ______________: BOR PROJECT NO. PROJECT NAME: CONTRACTOR AFFIDAVIT, CERTIFICATE AND AGREEMENT COMES NOW before me, the undersigned officer duly authorized to administer oaths, the undersigned contractor (“Contractor”), who, after being duly sworn, states, warrants, agrees and certifies as follows to the Board of Regents of the University System of Georgia (“Owner”), and (“Using Agency”): 1. By executing this affidavit, Contractor verifies and warrants its compliance with O.C.G.A. §13-10-90 et seq. and Georgia Department of Labor Rule 300-10-1-.01, and the U.S. Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603. Contractor must register and verify information of all new employees at https://www.visdhs.com/EmployerRegistration (the E Verify program) or any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program to verify information of newly hired employees, pursuant to the IRCA. Contractor affirmatively certifies that it has registered [or will register] with and is [or will] participate in a federal work authorization program in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02, as initialed below. 2. Contractor verifies and warrants it utilized the following federal verification program: _________ https://www.vis-dhs.com/EmployerRegistration (E Verify program) _________ Other: _______________________________________________ Verification Program User ID or Registration No. __________________________________________ 3. The Contractor further warrants and agrees that all subcontractors, suppliers and consultants contracted in connection with the provision of materials and equipment or performance of services or work for the Project described above shall be required prior to the commencement of any work on the project to supply the Subcontractor Certification verifying compliance with O.C.G.A. §13-10-90 et seq. and Georgia Department of Labor Rule 300-10-1-.01, and the U.S. Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603 and paragraph 5 below. Subcontractor must register and verify information of all new employees at https://www.vis-dhs.com/EmployerRegistration (the E Verify program) or other federal verification program. The affidavit must contain the certifications required by Georgia Department of Labor Rule 300-10-1-.08 and the requirements set forth herein. The Contractor shall maintain records of compliance and provide a copy of each such certification to the Owner and Using Agency as set forth in paragraph 5 below. Contractor warrants that Contractor has included this requirement in all written agreements with any subcontractors engaged to perform services for this Project. 6 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 – FORMS CONTRACTOR AFFIDAVIT AND CERTIFICATE OF COMPLIANCE 4. The Contractor further warrants and agrees to comply with the President’s Executive Order 13224, which mandates that no U.S. company shall do business with any person (Prohibited Person) who has been determined to have committed, or pose a risk of committing or supporting terrorist acts, and those identified on the list of Specially Designated Nationals and Blocked Persons, generated by the Office of Foreign Assets Control (“OFAC”). The OFAC list is updated regularly, and an up-to-date OFAC list can be obtained from the U.S. Department of the Treasury website at http://www.ustreas.gov/ofac. This Executive order extends to “Affiliates,” which includes any other person or entity who, directly or indirectly, is in control of, is controlled by or is under common control with any Prohibited Person. A copy of the Executive Order can be obtained at http://www.ustreas.gov/offices/enforcement/ofac/sanctions/terrorism.html and the USA Patriot Act of 2001, restricting terrorist groups’ access to financial resources in the United States can be obtained at http://www.fincen.gov/pa_main.html for review. The Contractor agrees to review its subcontracts and other agreements annually with the Treasury website for compliance, and maintain a record of its reviews. 5. Contractor warrants and agrees that it shall submit, and shall ensure all its subcontractors and suppliers submit, the required certifications and verifications (i) at contract execution prior to commencing work or services; (ii) upon the completion or termination of the contract; and (iii) and recertified as of July 15 of each year during the term of the Project. The required certificates must be filed with the Owner and Using Agency and copies maintained by the Contractor in its Project files and retained for audit as specified in the Project contract. State officials, including officials of the Georgia Department of Labor, officials of the Owner, retain the right to inspect and audit the Project Site and employment records of the Contractor, subcontractors, suppliers and consultants without notice during normal working hours until Final Completion, and as otherwise specified by law and by Rules and Regulations of the Georgia Department of Labor. Contractor Name: ________________________________________________________ Street/Mailing Address: ___________________________________________________ City, State, Zip __________________________________________________________ Telephone Number: __________________________________________ Facsimile Number: ___________________________________________ Email Address: ______________________________________________ FURTHER AFFIANT SAYETH NOT. ____________________________________________ Contractor Name By: _________________________________________ Signature of Authorized Officer or Agent ____________________________________________ Printed Name of Authorized Officer or Agent ____________________________________________ Title of Authorized Officer or Agent Sworn to and subscribed before me by the affiant named above as of this ________day of ___________, 20___ _________________________________ Notary Public My commission expires:___________ 7 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 – FORMS SUBCONTRACTOR AFFIDAVIT AND CERTIFICATE OF COMPLIANCE SUBCONTRACTOR AFFIDAVIT AND CERTIFICATE OF COMPLIANCE GEORGIA SECURITY AND IMMIGRATION CERTIFICATION (FEDERAL AND STATE WORK AUTHORIZATION PROGRAMS) STATE OF GEORGIA; COUNTY OF ______________: BOR PROJECT NO. PROJECT NAME: SUBCONTRACTOR AFFIDAVIT, CERTIFICATE AND AGREEMENT COMES NOW before me, the undersigned officer duly authorized to administer oaths, the undersigned subcontractor, supplier or consultant (“Subcontractor”), who, after being duly sworn, states, warrants, agrees and certifies as follows to the Board of Regents of the University System of Georgia (“Owner”), and to (“Using Agency”): 1. By executing this affidavit, Subcontractor verifies and warrants its compliance with O.C.G.A. §13-10-90 et seq. and Georgia Department of Labor Rule 300-10-1-.01, and the U.S. Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603. Subcontractor must register and verify information of all new employees at https://www.visdhs.com/EmployerRegistration (the E Verify program) or any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program to verify information of newly hired employees, pursuant to the IRCA. Subcontractor affirmatively certifies that it has registered [or will register] with and is [or will] participate in a federal work authorization program in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-101-.02, as initialed below. 2. Subcontractor verifies and warrants it utilized the following federal verification program: _________ https://www.vis-dhs.com/EmployerRegistration (E Verify program) _________ Other: _______________________________________________ Verification Program User ID or Registration No. __________________________________________ 3. The Subcontractor further warrants and agrees that all subcontractors, suppliers and consultants contracted in connection with the provision of materials and equipment or performance of services or work for the Project described above shall be required prior to the commencement of any work on the project to supply the Subcontractor Certification verifying compliance with O.C.G.A. §13-10-90 et seq. and Georgia Department of Labor Rule 300-10-1-.01, and the U.S. Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603 and paragraph 5 below. Subcontractor must register and verify information of all new employees at https://www.vis-dhs.com/EmployerRegistration (the E Verify program) or other federal verification program. The affidavit must contain the certifications required by Georgia Department of Labor Rule 300-10-1-.08 and the requirements set forth herein. The Subcontractor shall maintain records of compliance and provide a copy of each such certification to the Owner and Using Agency as set forth in paragraph 5 below. Subcontractor warrants that Subcontractor has included this requirement in all written agreements with any subcontractors engaged to perform services for this Project. 8 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 – FORMS SUBCONTRACTOR AFFIDAVIT AND CERTIFICATE OF COMPLIANCE 4. The Subontractor further warrants and agrees to comply with the President’s Executive Order 13224, which mandates that no U.S. company shall do business with any person (Prohibited Person) who has been determined to have committed, or pose a risk of committing or supporting terrorist acts, and those identified on the list of Specially Designated Nationals and Blocked Persons, generated by the Office of Foreign Assets Control (“OFAC”). The OFAC list is updated regularly, and an up-to-date OFAC list can be obtained from the U.S. Department of the Treasury website at http://www.ustreas.gov/ofac. This Executive order extends to “Affiliates,” which includes any other person or entity who, directly or indirectly, is in control of, is controlled by or is under common control with any Prohibited Person. A copy of the Executive Order can be obtained at http://www.ustreas.gov/offices/enforcement/ofac/sanctions/terrorism.html and the USA Patriot Act of 2001, restricting terrorist groups’ access to financial resources in the United States can be obtained at http://www.fincen.gov/pa_main.html for review. The Subontractor agrees to review its subcontracts and other agreements annually with the Treasury website for compliance, and maintain a record of its reviews. 5. Subcontractor warrants and agrees that it shall submit, and shall ensure all its subcontractors and suppliers submit, the required certifications and verifications (i) at contract execution prior to commencing work or services; (ii) upon the completion or termination of the contract; and (iii) and recertified as of July 15 of each year during the term of the Project. The required certificates must be filed with the Owner and Using Agency and copies maintained by the Subcontractor in its Project files and retained for audit as specified in the Project contract. State officials, including officials of the Georgia Department of Labor, officials of the Owner, retain the right to inspect and audit the Project Site and employment records of the Subcontractor, subcontractors, suppliers and consultants without notice during normal working hours until Final Completion, and as otherwise specified by law and by Rules and Regulations of the Georgia Department of Labor. Subcontractor Name: _____________________________________________________ Street/Mailing Address: ___________________________________________________ City, State, Zip __________________________________________________________ Telephone Number: __________________________________________ Facsimile Number: ___________________________________________ Email Address: ______________________________________________ FURTHER AFFIANT SAYETH NOT. ____________________________________________ Subcontractor Name By: _________________________________________ Signature of Authorized Officer or Agent ____________________________________________ Printed Name of Authorized Officer or Agent ____________________________________________ Title of Authorized Officer or Agent Sworn to and subscribed before me by the affiant named above as of this ________day of ___________, 20___ _________________________________ Notary Public My commission expires:___________ 9 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 – FORMS NON-INFLUENCE AFFIDAVIT NON-INFLUENCE AFFIDAVIT COUNTY OF ________________________________ STATE OF ________________________________ I do solemnly swear on my oath that as to the Contract dated_________________________, 20_____________, between _______________________________________________________________________________ (NAME OF CONTRACTOR) and the Owner, I have no knowledge of the exertion of any influence or the attempted exertion of any influence on the firm on behalf of which this affidavit is made in any way, manner, or form in the purchase of materials, equipment, or other items involved in construction, manufacture, or employment of labor under the aforesaid Contract by any employee, officer, or agent of the Owner, or any person connected with the State Government of Georgia in any way whatsoever. This ________ day of __________________________, 20_______. ______________________________________________(L.S.) Signature ______________________________________________ Title ______________________________________________ Firm COUNTY OF __________________________________ STATE OF ____________________________________ Personally before me, the undersigned authority, appeared____________________________________________ (NAME OF PERSON SIGNING THE AFFIDAVIT) who is known to me to be an official of the firm of ___________________________________________________, (NAME OF CONTRACTOR) and who, after being duly sworn, stated on his oath that he had read the above statement and that the same is true and correct. ________________________________________________ Notary Public My Commission expires _____________________________ This______ day of __________________________, 20____. 10 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 – FORMS STATUTORY AFFIDAVIT STATUTORY AFFIDAVIT COUNTY OF ______________________________ STATE OF ______________________________ FROM: ___________________________________ Contractor TO: _____________________________________ Owner Re: Contract entered into the _____ day of ______________, 20____, between the above-mentioned parties for the construction of Project No. ______________________ located at ______________________________ KNOW ALL MEN BY THESE PRESENTS: 1. The undersigned hereby certifies that all work required under the above Contract has been performed in accordance with the terms thereof, that all Subcontractors, Suppliers, Trade Contractors, mechanics, and laborers have been paid and satisfied in full, or will be paid and satisfied in full out of the proceeds of this payment as set forth in O.C.G.A. §13-10-80, and that there are no outstanding claims of any character [including disputed claims or any claims to which the Contractor has or will assert any defense] arising out of the performance of the Contract which have not been paid and satisfied in full except as listed herein below:....... Instructions to Contractor- ENTER THE WORD "NONE" OR LIST THE NAMES OF CLAIMANTS 2. The undersigned further certifies that to the best of his knowledge and belief there are no unsatisfied claims for damages resulting from injury or death to any employees, Subcontractors, or the public at large arising out of the performance of the contract, or any suits or claims for any other damage of any kind, nature, or description which might constitute a lien upon the property of the Owner. 3. The undersigned makes this affidavit for the purpose of receiving final payment in full settlement of all claims against the Owner arising under or by virtue of the contract, and acceptance of such payment is acknowledged as a release of the Owner from any and all claims arising under or by virtue of the contract. This ______ day of ____________________________, 20___________. ___________________________________(L.S.) Signature ___________________________________________ Title ___________________________________________ Firm COUNTY OF _______________________________ STATE OF ________________________________ Personally before me, the undersigned authority, appeared____________________________________________ (NAME OF PERSON SIGNING THE AFFIDAVIT) who is known to me to be an official of the firm of ___________________________________________________, (NAME OF CONTRACTOR) and who, after being duly sworn, stated on his oath that he had read the above statement and that the same is true and correct. ________________________________________________ Notary Public My Commission expires __________________________ This______ day of __________________________, 20____. 11 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 – FORMS FIVE-YEAR ROOF AND WALL BOND FIVE YEAR BOND ON ROOFS AND WALLS STATE OF GEORGIA COUNTY OF ______________________________ Firmly Bound. Know all men by these presents, that we, ________________ (“Contractor”) as Principal, and (Name of Surety), as Surety, are held and firmly bound unto ______________________________________________________________________________, (Insert Name of Owner) Owner, in the sum of____________ Dollars ($______________) for the payment of which well and truly to be made and done, we bind ourselves, our executors and administrators, our successors and assigns, jointly and severally, by these presents. Condition of Obligation. The condition of the above obligation is such that WHEREAS Contractor has entered into a Contract with Owner dated_________________ (enter date of contract), for construction of Project No.________________. Warranty. WHEREAS, the said Contractor warrants with respect to the said work that for a period of five years from the date of the execution of the final certificate of the Design Professional, the roofs of the building (or buildings) and roofs of passages, including but not limited to the roof envelope, including but not limited to the roof decking; deck sheathing; material used as a roof base or insulation over which roof is applied; roofing materials; promenade decks or any other work on the surface of the roof; flashing; base flashing; counter flashing; metal work, gravel stops; or roof expansion joints shall be absolutely watertight and free from all leaks. At no expense to the Owner, the Contractor will make repairs to any defects that may develop in the work including but not limited to: blisters, exposed felts, ridges, wrinkles, splits, warped insulation, and loose flashing, in a manner compatible to the system and acceptable under industry standards and in accordance with the construction specifications. The Contractor also warrants that for the same five-year period the walls of the building (or buildings) and building envelope, including but not limited to: vertical and/or horizontal expansion joints, below and/or above grade waterproofing, below and/or above grade damp-proofing, thru-wall flashing, damp course flashing and waterproofing of joints at openings in walls including but not limited to door perimeters, window perimeters, vents and pipe openings shall be absolutely watertight and free from all leaks, seepage or dampness, and that he shall, at no expense to the Owner, make repairs to any defects that may develop in the work in a manner compatible to the system and acceptable under industry standards and in accordance with the construction specifications, Provided, however: That the following are excluded from the warranty: (a) Defects or failures resulting from abuse by the Owner, upon presentation of competent evidence of same by the Contractor. (b) Defects in design that the said Contractor shall produce competent evidence of having had provided clear written notice in writing to the Owner prior to commencing installation of the Work, except, however, that the Contractor shall not be responsible, insofar as liability under this bond is concerned, for bringing to the attention of the Owner defects in design involving failure of only the following three structural elements: (1) Structural Frame (2) Load bearing walls (3) Foundations nor shall the Contractor be responsible for correction of leaks resulting from said failure. (c) Damage caused by fire, tornado, hail, hurricane, acts of God, wars, riots, or civil commotion upon presentation of competent evidence of same by the Contractor.. (d) The Contractor is not an insurer nor is he a guarantor of the design. Any other provisions of this bond to the contrary notwithstanding, the Contractor shall not be required to remedy any errors or omissions of design. Leaks or Defects. WHEREAS the said Contractor agrees that should any leaks or defects occur in the roof envelope or wall envelope of the said (Name and Number of Project) the said Contractor will promptly remedy the said leaks or defects and pay for any damage to other work of said Project resulting therefrom, except, however, that when this instrument is executed by a Trade Contractor this Contract, shall, insofar as the Trade Contractor is concerned, extend only to the work executed by said Trade Contractor. Notice to Surety. If the Contractor shall have been given notice to remedy leaks or defects pursuant to the Contract Documents and has been declared in default by the Owner and the Owner has terminated the Contractor’s right to complete the remedy, the Surety shall be notified in writing and shall promptly perform this bond agreement in accordance with its terms and conditions. If Surety chooses to investigate, Owner shall cooperate with the Surety in its investigation and shall make all public project records available for inspection by Surety at no cost to Owner. It shall be the duty of the Surety to give an unequivocal notice in writing to the Owner, within twenty-five 12 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 – FORMS FIVE-YEAR ROOF AND WALL BOND (25) days after receipt of such notice, of the Surety's election to either remedy the leaks and defects promptly, time being of the essence. In said notice of election, the Surety shall indicate the date on which the remedy or performance will commence, and it shall then be the duty of the Surety to give prompt notice in writing to the Owner immediately upon completion of the remedy and/or correction of the leaks or defects. The Surety shall not assert its Principal as justification for its failure to give notice of election or for its failure to promptly remedy the leaks or defects. Full Force and Effect. NOW, THEREFORE, the condition of this obligation is such that if the Contractor shall in all things promptly and faithfully perform and comply with the terms and conditions hereinbefore set forth, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed this ________ day of ____________, 20___. ________________________________ WITNESS Principal By:______________________________ _______________________ TITLE____________________________ _______________________ ________________________________ WITNESS Surety By:______________________________ _______________________ TITLE____________________________ _______________________ (*) Attach Power of Attorney Instructions for execution by Contractor (a) (b) (c) If the firm is a partnership, all members of the partnership must execute. If the firm is a corporation, the president must sign, the secretary must attest, and the Seal of Corporation must be affixed. If the firm operates as a sole proprietorship, the proprietor must execute. 13 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 – FORMS CERTIFICATE OF MANUFACTURER SPECIMEN CERTIFICATE OF MANUFACTURER INSTRUCTIONS FOR PREPARATION OF CERTIFICATE: To be acceptable, the certificate must be prepared in the form indicated by this specimen on the official letterhead of the manufacturer. No portions of the certificate may be omitted. Attached is a copy of the Contract provision under which the certificate is required. The Authority needs only one copy of the certificate. If equipment of a manufacturer is not installed in strict compliance with the recommendations of the manufacturer or if in the design of the work the equipment is not applied in strict compliance with the recommendations of the manufacturer, a letter from the manufacturer should be forwarded to the Contractor [with copies to the Design Professional and the Owner] setting forth a list of the deviations from the recommendations of the manufacturer and stating what remains to be done in order to bring the work into strict compliance with the recommendations of the manufacturer. Prior to calling upon the representative of the manufacturer for performance of the services necessary to enable him to execute a certificate in accordance with this specimen, it is the obligation of the Contractor to have installed the work in strict compliance with the recommendations of the manufacturer [See Article 2.2.4 of the Contract], and it is likewise the obligation of the Contractor to have put the equipment in good operating condition in absolute and final readiness for the "start-up,” "testing,” and "placing into operation" as defined herein below by the representative of the manufacturer. Date:_______________________________ Insert name and address of Owner Re: Certificate of [JOHN DOE CORPORATION] that equipment or components furnished by it has [or have, as the case may be] been installed in strict compliance with its recommendations and is [or are, as the case may be] operating properly at PROJECT NO._________________ Gentlemen: 1. We certify through our duly authorized and acting agent that the following item [or items, as the case may be] furnished by us to the Project named in the caption was [or were, as the case may be] started up, tested, and placed in operation by our authorized field representative on [enter the date on which the field representative performed the startup, test, and placing into operation] and is [or are, as the case may be] operating properly: [List the item or items furnished to the job. Show catalogue number or numbers.] 2. We certify further that the aforesaid equipment was installed in strict compliance with our recommendations as published by us in the following document [or documents, as the case may be]: [Insert the date, name, or other positive means of identifying the exact document or documents in which the recommendations for installation and use of the item or items are published.] (*) 3. A copy of the aforesaid document(s) is (are) attached hereto. This __________________ day of________________, 20____ JOHN DOE CORPORATION By:_________________________________ Authorized Representative (*) The date must be shown [See Article 6.4.1.2.5 DEFINITIONS: l. "Start-up" is defined as putting the equipment into action. 2. "Testing" is defined as performing such testing as is stipulated in the Contract Documents to be performed. 3. "Placing into operation" is defined as operating the equipment for a sufficient period of time for the determination to be made that it is performing properly. 14 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 – FORMS CERTIFICATE OF INSURANCE INSTRUCTIONS TO PRODUCING AGENT: COMPLETE THE SHADED PORTIONS OF THIS CERTIFICATE OR SIMILAR FORM AND RETURN TO THE INSURED, WITH ADDITIONAL INSURED ENDORSEMENTS ATTACHED. NO CONDITION, TERM, QUALIFICATION, LIMITATION, EXCEPTION, EXEMPTION, MODIFICATION, OR PROVISO SHALL APPEAR ON THE CERTIFICATE. Certificate of Insurance Name, Address and Telephone Number of Producing Agent PROJECT NO.: Project Number Here PROJECT NAME: Project Description, Institution Here Certificate Holder(Owner): Board of Regents of the University System of Georgia 270 Washington Street, SW, 6th Floor Atlanta, Georgia 30334 Attn: Director of Contracts & Services, Office of Facilities Name and Address of Insured Contractor (Contractor) Type of Insurance Policy No. Company Affording Coverage Commercial General Liability(1993 ISO Occurrence Form or its equivalent); Includes XCU Coverage Commercial Business Automobile Liability Commercial Umbrella Liability Policy Expiration Date Limits Each Person Each Occurrence Products-Co./Op Agg Personal & Adv injury Contractual General Aggregate $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 $2,000,000.00 Bodily Injury Property Damage Combined Single Limit $1,000,000.00 $1,000,000.00 $1,000,000.00 Each Occurrence Aggregate $2,000.000.00 $4,000,000.00 W C Statutory Limits Workers Compensation Employers’ Liability Each Accident $1,000,000.00 Disease Each Employee $1,000,000.00 BI - Disease-Aggregate $1,000,000.00 Builders Risk written on 1991 Cause of Loss-Special Form or its equivalent OR Installation Floater (for other than new construction) Cost of Project The insured contractor has provided the contract provisions concerning insurance to the Undersigned, and the Undersigned had reviewed the insurance coverages required for the project referenced above and makes the following certifications, which shall serve to bind the various insurance carriers as follows: 1. Such insurance as is herein certified (i) are written in accordance with the company’s regular policies and endorsements, subject to the company’s applicable manuals or rules and rates in effect, (ii) have been issued to the insured named above, and (iii) are in force at this time. 2. With the exception of the Workers Compensation policy, the Officers, Members, Agents, & Employees of the Owner and the State of Georgia are included as additional insureds as their interests may appear and a copy of the additional insured endorsement(s) is attached hereto. The undersigned certifies that he has so notified each Insurer that Georgia law requires that the Attorney General of Georgia shall represent and defend the state entities and Indemnities named herein remains in full force and effect and is not waived by issuance of any policy of insurance Disease Each Employee $1,000,000.00 BI - Disease-Aggregate $1,000,000.00. 3. Each policy either provides or has been endorsed to meet Georgia law that the policy shall not be canceled, changed, allowed to lapse, or allowed to expire for any reason until thirty (30) days (10 days for non-payment of premium) after the Certificate holder has received written notice thereof as evidenced by return receipt of certified or overnight letter. Authorized Representative: _____________________________________________________________________________ Date: ___________________ Typed Name: _____________________________________________________________________________ 15 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 – FORMS BOND TO DISCHARGE CLAIM THIS FORM IS FOR OPTIONAL USE TO RELEASE TO THE CONTRACTOR FUNDS WITHHELD FROM A PAY APPLICATION IN THE EVENT A SUBCONTRACTOR FILES A CLAIM AGAINST THE CONTRACT BALANCE HELD BY THE OWNER THAT REMAINS UNRESOLVED. THIS IS A SUBORDINATE DOCUMENT TO THE PAYMENT BOND FOR THE PROJECT, AND IS CALCULATED AGAINST THE PENAL AMOUNT OF THAT PAYMENT BOND. THERE ARE OTHER METHODS THAT MAY BE USED TO REMEDY SUCH SITUATIONS, HOWEVER, THIS FORM IS EFFECTIVE WHEN NONE OF THE PARTIES ARE ABLE TO REACH AGREEMENT UPON THE CLAIM. BOND TO DISCHARGE CLAIM WHEREAS, _______________________________________________________ (hereinafter referred to as “Claimant” has filed a claim against ______________________________________________________________ (the “Contractor”, hereinafter referred to as “Principal”) on the following contract: WHEREAS, the undersigned Principal and Surety have issued Payment Bond No. _____________________ (the “Primary Bond”) to the Owner, as Obligee, on the Contract dated ___________ for Project ______ _________________________________ ; WHEREAS, the undersigned Principal and Surety dispute the Claimant’s entitlement to all or part of the claim and expressly reserve all rights and defenses available at law in connection therewith; WHEREAS, ___________________________________________________________ as Principal and __________________________________________________ as Surety, desire to continue to receiving payments from the Owner for work done on the above referenced project, NOW THEREFORE, in consideration of these premises, the undersigned Principal and Surety do hold themselves firmly bond unto __________________________________________________ as Claimant, in the total amount of _______________________________________ dollars ($_____________), representing double the amount of the claim. The condition of this Bond to Discharge Claim is such that should the undersigned Principal or Surety pay to the Claimant the sum that may be found to be due to the Claimant upon the trial of any action that may be filed by said Claimant, or if Principal or Surety pay to the Claimant a sum agreeable to Claimant and Claimant accepts such payment, then this Bond shall be void; otherwise to remain in full force and effect. The penal amount of the Primary Bond is conditionally reduced by the amount of this Bond to Discharge Claim, and upon payment of any sums to the Obligee under this Bond to Discharge Claim, the penal amount of the Primary Bond is reduced instanter by the amount of such payment. No action can be instituted on this bond after one year from the date of Final Completion as determined pursuant to Article 6.2.2 of the Contract. IN WITNESS WHEREOF, the said Principal and Surety have set their hands and seals this _____ day of ____________, 20___. _________________________________ Principal by:_______________________________ _________________________________ Surety by:_______________________________ Attorney-in-Fact _________________________________ Type Name Above 16 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 - FORMS CHANGE ORDER FORMAT CHANGE ORDER FORMAT (Lump Sum) NOTE TO DESIGN PROFESSIONAL: Please prepare each Change Order in the form and wording given below, deleting inapplicable wording and adding such explanations as may be necessary. The wording in Paragraph 11 may not be changed or altered in any way by either the Design Professional or the Contractor. Send four copies, signed by you and the Contractor, to the Owner. Do not forward a Change Order unless it is accompanied by a breakdown which has been certified by the Contract Compliance Specialist and Program Manager (if applicable). CHANGE ORDER No. _______ Note to Design Professional: Please leave the Change Order number blank. The Owner will assign a number. Project Name: ____________________________ Project Number: __________________________ Owner Note to Design Professional:: No Change Order should be forwarded unless you have been furnished with a letter from the Owner authorizing same. 1. Submission of this Change Order for consideration was authorized by letter from the Owner, dated . Incumbrance Record No. , 200__, 2. The changes hereinafter described are applicable to the Contract for the construction of the above-referenced Project and amend the Contract Documents. 3. Description of Change: Note to Design Professional: Be sure to give a complete statement describing the changes in the work, including the specifications. If drawings are necessary, refer to them by date, etc., and state they are made a part of the Change Order. Copy of drawings should be attached to the Change Order. 4. This Change Order is deemed necessary and originated with the (Design Professional) (Owner) (Contractor) (Using Agency). (Indicate applicable entity.) 5. This Change Order is necessary to: Note to Design Professional: Give a complete description of conditions which necessitate the change. 6. The amount of the Change Order was determined by: Choose one: a. Estimate and acceptance in lump sum. b. Unit prices stated in contract or subsequently agreed upon. c. Cost and percentage as described in general conditions. 7. A memorandum is attached showing cost breakdown of labor and materials by unit and quantities as prepared by the Contractor and checked by the Contract Compliance Specialist and Program Manager (if any). 17 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 - FORMS CHANGE ORDER FORMAT 8. We have verified the quantity and quality of all materials shown on the memorandum. We have verified that all prices are reasonable and do not exceed current costs for like services or materials, and we have verified that the quality of the materials meets the requirements of the Contract Documents. Note to Design Professional: Please observe that verification of quantities and prices means the Design Professional who signs the Change Order has personal knowledge that the quantities shown in the memorandum referred to under paragraph 7 above are correct, that he has personally satisfied himself that full credit has been extended for any work or materials deleted or omitted, and that he has conclusively established by such checking or inquire as may be necessary that the prices and allowances shown in the memorandum comparable with current costs for like services and materials. 9. The contractor shall be allowed Occupancy Date is: __________________ . additional calendar days for completion. The Material Completion and Note to Design Professional: Please insert the number of additional Days allowed and the new Material Completion and Occupancy Date, or, if no additional time is allowed, insert “0” for the Days and “No Change” for the date. 10. The Contract Sum shall be (increased) (decreased) by $ _________________ on account of this change. Note to Design Professional: Please delete inapplicable language in parentheses and enter the dollar amount for this change. Insure that cost of the Work, percentage markup for profit, and the daily rate of general conditions costs is accurate and included in the amount of an additive change. If a deductive change, the amount is generally cost of the work only; however, consult with the owner in significant deductive Change Orders to determine if time or profit should be included in the deducted amount. 11. The payment and extension of time, if any, provided by this Change Order constitutes compensation in full to the Contractor and its Subcontractors, Suppliers, and Trade Contractors for all costs and markups, directly and indirectly attributable to the changes ordered herein, and for all delays or time related costs thereto and for any acceleration costs for performance of changes within the time stated and to be completed by the Material Completion and Occupancy Date and for any claims related thereto against the Owner and the Design Professional, and design consultants. RECOMMENDED FOR OWNER'S ACCEPTANCE: APPROVED AND AGREED BY OWNER: (DESIGN PROFESSIONAL) BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA By: ______________________________________ By: _______________________________________ Date approved by Design Professional: Date approved by Owner: APPROVED AND AGREED BY CONTRACTOR: APPROVED AND AGREED BY USING AGENCY By: ______________________________________ By: ______________________________________ Date approved by Contractor: Date approved by Using Agency: 18 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 - FORMS CHANGE ORDER FORMAT CHANGE ORDER FORMAT (Force Account or Indeterminate Units) NOTE TO DESIGN PROFESSIONAL: Please prepare each Change Order in the form and wording given below, deleting inapplicable wording and adding such explanations as may be necessary. The wording in Paragraph 8 may not be changed or altered in any way by either the Design Professional or the Contractor. The wording in Paragraph 5 of the Final Cost Amendment may not be changed or altered in any way by either the Design Professional or the Contractor. Send four copies, signed by you and the Contractor, to the Owner. Do not forward a Change Order unless it is accompanied by a breakdown which has been checked by the Contract Compliance Specialist and Program Manager (if applicable). CHANGE ORDER No. _______ Note to Design Professional: Please leave the Change Order number blank. The Owner will assign a number. Project Name: ____________________________ Project Number: __________________________ Owner Note to Design Professional:: No Change Order should be forwarded unless you have been furnished with a letter from the Owner authorizing same. 1. Submission of this Change Order for consideration was authorized by letter from the Owner, dated . Incumbrance Record No. , 200__, 2. The changes hereinafter described are applicable to the Contract for the construction of the above-referenced Project and amend the Contract Documents.. 3. Description of Change: Note to Design Professional: Be sure to give a complete statement describing the changes in the work, including the specifications. If drawings are necessary, refer to them by date, etc., and state they are made a part of the Change Order. Copy of drawings should be attached to the Change Order. 4. This Change Order is deemed necessary and originated with the (Design Professional) (Owner) (Contractor) (Using Agency). (Indicate applicable entity.) Note to Design Professional: Give a complete description of conditions which necessitate the change. 5. This Change Order is necessary to: 6. The Maximum Allowable Cost of the Change Order was estimated by: Choose one: a. Estimate in lump sum. b. Unit prices stated in contract or subsequently agreed upon, and an estimated number of units. c. Cost and percentage as described in general conditions. 19 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 - FORMS CHANGE ORDER FORMAT 7. A memorandum is attached showing the estimated cost breakdown of labor and materials by unit and quantities as prepared by the Contractor and checked by the Contract Compliance Specialist and Program Manager (if any). 8. The Maximum Allowed Cost for this Change Order is $ __________________________, and is established as Incumbrance Record No. _______________ . This Maximum Allowed Cost may be amended by the Owner in the event the actual costs are expected to exceed the Maximum Allowed Cost, provided that Contractor shall give written notice of such fact prior to incurring actual costs in excess of ninety percent of the Maximum Allowable Cost. In no event shall actual costs be incurred in excess of the Maximum Allowed Cost, as it may be amended. RECOMMENDED FOR OWNER'S ACCEPTANCE: APPROVED AND AGREED BY OWNER: (DESIGN PROFESSIONAL) BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA By: ______________________________________ By: _______________________________________ Date approved by Design Professional: Date approved by Owner: APPROVED AND AGREED BY CONTRACTOR: APPROVED AND AGREED BY USING AGENCY By: ______________________________________ By: ______________________________________ Date approved by Contractor: Date approved by Using Agency: 20 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 - FORMS CHANGE ORDER FORMAT FINAL COST AMENDMENT TO CHANGE ORDER NO. ___________ 1. A memorandum is attached showing cost breakdown of labor and materials by unit and quantities as prepared by the Contractor and checked by the Contract Compliance Specialist and Program Manager (if any). 2. We have verified the quantity and quality of all materials shown on the memorandum. We have verified that all prices are reasonable and do not exceed current costs for like services or materials, and we have verified that the quality of the materials meets the requirements of the Contract Documents. Note to Design Professional: Please observe the fact that verification of quantities and prices means the Design Professional who signs the Change Order has personal knowledge that the quantities shown in the memorandum referred to under paragraph 7 above are correct, that he has personally satisfied himself that full credit has been extended for any work or materials deleted or omitted, and that he has conclusively established by such checking or inquire as may be necessary that the prices and allowances shown in the memorandum comparable with current costs for like services and materials. 3. The contractor shall be allowed Occupancy date is: __________________ . additional calendar days for completion. The Material Completion and Note to Design Professional: Please insert the number of additional Days allowed and the new Material Completion and Occupancy Date, or, if no additional time is allowed, insert “0” for Days and “No Change” for the date. 4. The Contract Sum shall be (increased) (decreased) by $ _________________ on account of this change. Note to Design Professional: Please delete inapplicable language in parentheses and enter the dollar amount for this change. Insure that cost of the Work, percentage markup for profit, and the daily rate of general conditions costs is accurate and included in the amount of an additive change. If a deductive change, the amount is generally cost of the work only; however, consult with the owner in significant deductive Change Orders to determine if time or profit should be included in the deducted amount. 5. The payment and extension of time, if any, provided by this Change Order constitutes compensation in full to the Contractor and its Subcontractors, Suppliers, and Trade Contractors for all costs and markups, directly and indirectly attributable to the changes ordered herein, and for all delays or time related costs thereto and for any acceleration costs for performance of changes within the time stated and to be completed by the Material Completion and Occupancy Date and for any Claims related thereto against the Owner and the Design Professional, and design consultants. RECOMMENDED FOR OWNER'S ACCEPTANCE: APPROVED AND AGREED BY OWNER: (DESIGN PROFESSIONAL) BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA By: ______________________________________ By: _______________________________________ Date approved by Design Professional: Date approved by Owner: APPROVED AND AGREED BY CONTRACTOR: APPROVED AND AGREED BY USING AGENCY By: ______________________________________ By: ______________________________________ Date approved by Contractor: Date approved by Using Agency: 21 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 - FORMS APPLICATION FOR PAYMENT FORM APPLICATION FOR PAYMENT APPLICATION FOR PAYMENT NO. PROJECT NO. CERTIFICATE OF THE CONTRACTOR OR HIS DULY AUTHORIZED REPRESENTATIVE To the best of my knowledge and belief, I certify that all items, units, quantities, and prices of work and material shown on this are correct; that all work has been performed and materials supplied in full accordance Application for Payment No. with the terms and conditions of the Contract Documents between (Owner) dated and (Contractor) and all authorized changes thereto; and that the following is a true and correct statement of the contract account up to and including the last day of the period covered by this Application and that no part of the "amount due this Application" has been received. (a) Total amount earned for work in place (original contract) $ (b) Total amount earned for work in place (Change Orders) $ (c) Value of materials stored at site $ (d) Total amount earned ( (a) plus (b) plus (c) ) $ (e) Amount retained (10%) $ (f) Total earned less retained percentage ( (d) minus (e) ) $ (g) Total previously approved $ (h) Amount due THIS ESTIMATE ( (f) minus (g) ) $ (i) Retainage payment to Subcontractors per Paragraph 4 .1.2.5 of the General Conditions. $ AMOUNT DUE Contractor ( (h) minus (i) ) $ (j) I further certify that all claims outstanding against the undersigned Contractor for labor, materials, and expendable equipment employed in the performance of said contract have been paid in full in accordance with the requirements of said contract, except such outstanding claims as are listed below or on the attached sheet, which statement contains all claims against the Contractor which are not yet paid, including all disputed claims and any claims to which the Contractor has or will assert any defense. I further certify that all of the materials indicated on this Application for Payment as being stored on the Site, but not yet incorporated into the building, have been purchased, delivered, and are now stored on the Site for future incorporation into the building and until so incorporated the title to same is, upon payment of this statement, vested in the Owner. Furthermore, the undersigned Contractor assumes full responsibility for the existence, protection, and, if necessary, replacement of the above-mentioned materials until the completion of this contract. Contractor By Date Title STATEMENT OF THE CONTRACT COMPLIANCE SPECIALIST I have checked this Application for Payment and, to the best of my knowledge and belief, the statement of work performed and statement of materials stored on site by the Contractor are supported by my observations Name Contract Compliance Specialist. Date: CERTIFICATE OF THE DESIGN PROFESSIONAL I certify that I have verified this Application for Payment and, to the best of my knowledge and belief, it is a true and correct statement of work performed and statement of materials stored on site by the Contractor and that the Contractor's certified statement of his account and the amount due him is correct and just. I further certify that all work has been performed and materials have been supplied in full accordance with the terms and conditions of the Contract Documents and authorized changes thereto. Name Design Professional. 22 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS Date: SECTION 7 - FORMS APPLICATION FOR PAYMENT FORM SCHEDULE OF CHANGE ORDERS In support of Application for Payment No. Project No. Period Ending: Contractor: CHANGE ORDERS Number (1) Date (2) ADDITIONS Authorized Amount (3) Amount this Period (4) 23 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS DEDUCTIONS Completed Previous Periods (5) Authorized Deductions (6) SECTION 7 – FORMS APPLICATION FOR PAYMENT FORM WORK PERFORMED TO DATE In support of Application for Payment No. For the period from , through inclusive. Project No. Name and location of Project Contractor's Name and Address WORK INCLUDED IN ORIGINAL CONTRACT DETAILED ESTIMATE CSI Category and Description Item No. and Designation (1) Number & Kind of Units (2) WORK PERFORMED TO DATE Unit Price (3) Estimated Cost (4) A. Contracting Requirements: * a. b. c, 1. Division 1 – General Requirements: * a. b. c. 2. Division 2 – Site Construction: ** (i) Building a. b. c. (ii) Infrastructure a. b. c. 3. Division 3 – Concrete: * a. b. c. 4. Division 4 – Masonry: ** (i) Building a. b. c. (ii) Infrastructure a. b. c. 5. Division 5 – Metals: * a. b. c. 24 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS No. of Units (5) Amount Earned to Date (6) Value of Incomplete Work (7) Percent Complete (8) SECTION 7 – FORMS APPLICATION FOR PAYMENT FORM 6. Division 6 – Wood and Plastics: * a. b. c. 7. Division 7 – Thermal & Moisture: ***** a. b. c. Roof: 8. Division 8 – Doors & Windows: * a. b. c. 9. Division 9 – Finishes: * a. b. c. 10. Division 10 – Specialties: * a. b. c. 11. Division 11 – Equipment: *** (i) Fixed or Built-in: a. b. c. (ii) Moveable: a. b. c. 12. Division 12 – Furnishings: *** (i) Fixed or Built-in: a. b. c. (ii) Moveable: a. b. c. 13. Division 13 – Special Construction: * a. b. c. 14. Division 14 – Conveying Systems: * a. b. c. 15. Division 15 – Mechanical: **** (i) Building a. b. c. (ii) Infrastructure a. b. c. 16. Division 16 – Electrical: ** (i) Building a. b. c. 25 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 – FORMS APPLICATION FOR PAYMENT FORM (ii) Infrastructure a. b. c. 17. Division 17 – Special Inspections: ** (i) Building a. b. c. (ii) Infrastructure a. b. c. (iii) Documents A. Total Amount of original contract B. Plus or minus total previously approved C. O.'s incl. Nos.----------- C. Plus or minus C. O.'s Nos.-----------incl. approved covered by this est.----------- during period D. Total Net Adjusted Amt. NOTES: The following breakdowns must be accomplished in order to comply with Government Accounting requirements. Upon completion of the Project, the final Application for Payment must show all divisions and sections, and a Final Certification of Costs for Capital Asset Accounting completed and submitted with the Application for Final Payment. * Report Items in each division, by CSI division and such other breakdown as is useful to the Contractor or Contract Compliance Specialist. ** These items must be broken down into 2 categories, (i) Building and (ii) Infrastructure, reported by specification section. Infrastructure for these purposes is defined as everything outside a line five feet from the building footprint. *** These items must be broken down into 2 categories; (i) fixed equipment & furnishings and (ii) Moveable equipment & furnishings and reported by specification section. **** Division 15 – Mechanical. This item must be broken down into 2 categories, (i) Building and (ii) Infrastructure, reported by specification section. Chillers and HVAC units that serve the facility are to be included as a part of the Building, even if they are outside the 5-foot limit. Chillers and HVAC units that are outside the 5 foot limit and serve more than one facility, such as equipment used in a central plant, are to be included in Infrastructure. ***** Division 7 – Thermal & Moisture Components of the Roof system should be reported as a separate line item. Generally, this includes components of Sections 7500 and 7600. 26 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 – FORMS APPLICATION FOR PAYMENT FORM SUMMARY OF MATERIALS STORED In support Application for Payment No. Project No. Period Ending: Contractor: ITEM NO. TYPE OF MATERIAL NAME QUANTITY (Contractor or Subcontractor) (Dollars) TOTALS Prepared by for (Contractor) Date , and certified by him to be a true and accurate statement. Checked: By: Contract Compliance Specialist Date: 27 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS AMOUNT SECTION 7 – FORMS SUBCONTRACTOR RETAINAGE RELEASE CERTIFICATE SUBCONTRACTOR RETAINAGE RELEASE CERTIFICATE (To be Originated by Subcontractor TO: Board of Regents of the University System of Georgia ____________________________ ____________________________ RE: Project Name and Number: Certificate Regarding Subcontractor's Completed Work and Retainage Release : 1. This is to certify that our work is one hundred percent complete for our subcontract number Our retainage is due in accordance with the contract documents. Our scope of work included the . The total amount of retainage now due is $ . . 2. The Subcontractor hereby certifies that all work required under the above contract has been performed in accordance with the terms thereof, that all materialmen, subcontractors, mechanics, and laborers have been paid and satisfied in full, and that there are no outstanding claims of any character (including disputed claims or any claims to which the subcontractor has or will assert any defense) arising out of the performance of the contract which have not been paid and satisfied in full except as listed hereinbelow, which exceptions apply only to the release in Paragraph 5, below: [Enter: "None" or List or Make Reference & Attach Exhibit A.] 3. The Subcontractor further certifies that to the best of his knowledge and belief there are no unsatisfied claims for damages resulting from injury or death to any employees, subcontractors, or the public at large arising out of the performance of the contract, or any suits or claims for any other damage of any kind, nature, or description which might constitute a claim or lien upon the property of the Owner. 4. The Subcontractor has received final payment in full settlement of all claims against the Owner arising under or by virtue the contract, and acceptance of such payment is acknowledged as a release of the Owner from any and all claims arising under or by virtue of the contract. This release includes any claims set forth or excepted in Paragraph 2 above. 5. [Strike out if not applicable] The Subcontractor has received final payment in full settlement of all claims against the Contractor arising under or by virtue the contract, and acceptance of such payment is acknowledged as a release of the Contractor from any and all claims arising under or by virtue of the contract except as set forth in Paragraph 2 above. 6. Payments pursuant to this certificate shall in no way diminish, change, alter or affect the rights of the Owner under the contract documents. SUBCONTRACTOR: By: Date: CONTRACTOR: Date: By: DESIGN PROFESSIONAL: By: Date: NOTICE: OWNER MUST RECEIVE A COPY WITH ALL ORIGINAL SIGNATURES. 28 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS SECTION 7 – FORMS FINAL CERTIFICATION OF COSTS FORM FINAL CERTIFICATION OF COSTS FOR CAPITAL ASSET ACCOUNTING Date: ____________________________________ To: _______________________________________ (Owner) The following accounting of costs for Project No. ______________________________ , Project Name: ____________ _______________________________________ at ______________________________________________________ is submitted as follows, with the breakdown of costs as specified in the Final Pay Request attached hereto and incorporated herein, for the purposes of capital asset accounting pursuant to GASB 34 Accounting Statements: 1. BUILDING AND BUILDING IMPROVEMENTS: * $ _____________________________________ 2. INFRASTRUCTURE: ** $ _____________________________________ 3. FURNISHINGS AND EQUIPMENT: *** $ _____________________________________ ====================================== TOTAL: Notes: $ _____________________________________ (Contractor must insure costs from all Change Orders are apportioned and included in each line item above) * Building: Include totals from Items A, 1, 3, 5, 6, 7, 8, 9, 10, 13, 14, 15 and “Building” portions of Items 2, 4, and 16. ** Infrastructure: Include totals from the “Infrastructure” portions of Items 2, 4 and 16. *** Furnishing and Equipment : Include totals from only the “moveable” portions of Items 11 and 12. I certify to the best of my knowledge and belief that all of the amounts set forth on this Certificate are true and correct and are supported by the financial records for this project on file with the Contractor. Contractor By: ___________________________________ Date Title: __________________________________ CERTIFICATE OF THE DESIGN PROFESSIONAL I certify to the best of my knowledge, information and belief that the amounts certified by the Contractor are consistent with the estimates provided in my final Statement of Probable Cost for the Project; that the Building Improvement contains a footprint based upon a line 5 feet outside the building structure) of _________ square feet, a total of __________ gross square feet, and contains ______ floors (including basements). The building fire protection system is _________________ (include type of system). The Certificate of Occupancy was issued on _________________________. I further certify that the design intent for this project is that the Building and Building Improvements are of Building Construction Class _________ and ISO Occupancy Type(s) _______ and have an expected useful life of _____________ years from the date of this Certificate, and that my observations of the construction confirm these expectations. (See Exhibit J of Design Professional Contract.) Name Design Professional. Date: ______________________ CERTIFICATE OF THE USING AGENCY OR OWNER I certify that to the best of my knowledge, information, and belief that the cost of the real property covered by this project, to the boundaries on the final Site Plan, was $ and the cost of additional government-supplied furnishings and equipment acquired for this Project was $ _____________________________________ . Name Title: ____________________. 29 DBB CONSTRUCTION CONTRACT SECTION 7, FORMS Date: ________________ SUPPLEMENTARY GENERAL CONDITIONS SUPPLEMENTARY GENERAL CONDITIONS DBB CONSTRUCTION CONTRACT SUPPLEMENTARY GENERAL CONDITIONS VERSION 07/01/2010 Supplementary Conditions Georgia State University Date: OCTOBER 19, 2012 Project Name: 75 PIEDMONT (CTB) INSTALL EMERGENCY GENERATOR Project Number: 083-093-12MR SUP-01 Owner’s Representative, Using Agency’s Representative. Add the following to Paragraphs 6, 1.1.1.3.4 and 1.1.1.3.5 of the Construction Contract: Owner's Representative and Using Agency’s Representative: - For this contract, the on-site Owner's Representative and Using Agency’s Representative is the Project Manager, Design and Construction Services, Georgia State University. SUP-02 Project Administration. 1. All documentation required by the specifications to be submitted to the "Owner" shall be routed through the Owner’s Representative. 2. Changes in the contract (including contract sum, time, scope or conditions) shall be authorized, in writing via Change Order solely by the Owner and/or the Owner's Representative prior to execution of the work. The Contractor shall disregard all non-emergency instructions from persons other than the Design Professional. 3. The Contractor shall bear all costs incurred by his failure to comply with the contract documents. SUP-03 Smoking Prohibited in University Buildings. Smoking is NOT permitted in Georgia State University buildings, nor within 25 feet of any building opening. SUP-04 Inspection of Facilities for Pre-Existing Conditions 1. The Contractor shall give notice in writing to the Design Professional prior to commencing work for the purpose of arranging for joint inspection by the Contractor, the Owner's Representative and the Design Professional during the course of which inspection the parties to the joint inspection shall prepare a schedule identifying and showing the location of any damage to the existing work which is ascertainable by visual inspection. The schedule shall be prepared in four counterpart originals each of which shall be dated and signed on behalf of each party to the joint inspection. An executed and dated counterpart shall be filed with Contractor, Owner's Representative, and Design Professional. 2. It is agreed that the preparation of this schedule is for the benefit of the Contractor and is intended to record visually ascertainable damage to existing construction. Subsequent to the signing of this schedule, the Contractor shall be responsible for repairing all damage to existing work not included on schedule; except that the Contractor shall not be responsible for repairing any existing damage which was not ascertainable by visual inspection or which was not the result of negligence on his part. The Contractor shall have no responsibility to repair any damage which is included on the schedule. SUP –05 Pre-Construction Meeting with Owner’s Representative. After award of the contract, a pre-construction meeting shall be held at Georgia State University between the Owner's Representative, Contractor, and Design Professional to review the project and set up the approximate work sequence schedule, and to review these Supplementary General Conditions. SUP -06 Access to Premises 1. Ingress and egress shall be limited to the most direct access to the subject work areas, roofs, mechanical rooms and equipment. No vehicles or material shall be located, even temporarily, so as to hinder normal campus functions. Any debris dropped or tracked outside of areas in which work is being performed shall be immediately cleaned up. 2. The Contractor shall obtain and pay for all city permits for blocking or impeding lanes of traffic while making deliveries and/or in conjunction with work. SUP-07 Security of Building. The Contractor shall be responsible for keeping any area of the building where the Contractor is doing work locked and secured whenever the area is not occupied by the Contractor's personnel, and for keeping the building locked and secured when not occupied by the Owner. If construction keying is included in work scope, Contractor shall furnish key to Georgia State University Police Department for emergency use. SUP-08 Bond Requirements. Performance bonds, payment bonds, and bid bonds are not required for construction bids less than $40,000.00 (Excluding all deductive alternates). SUP-09 Protection of Public From Injury -Safety Plan 1. Due to the campus remaining open during construction and due to the large number of University personnel in the vicinity of the construction area, the Contractor is cautioned to exercise special care in protecting the public from injury during all phases of the work. The Contractor shall provide adequate protective barriers to restrain public access to hazardous areas. 2. Within ten (10) calendar days of receipt of the Notice of Intent to Award contract, the Contractor must file the following with the Owner's Representative: a) The Public Works Contractor Safety Review document (attached), and b) A Health and Safety Plan to cover the scope of the work defined by the Contract: The minimum requirements for an acceptable Health and Safety Plan are covered in the Health and Safety Plan Outline (See attachment at the end of this section). SUP-10 Sanitation. The Contractor, at the discretion of the Owner’s Representative, will be allowed the use of existing toilets in the building provided such facilities are left in a clean and sanitary condition. SUP-11 Storage Areas 1. Contractor may store materials in the unoccupied work areas of the building, but only at times when it does not interfere with construction in the space, and may store materials within the boundary of the other construction materials storage areas defined on the Drawings. At completion of the work, all material and debris shall be removed from all areas. 2. Storage: All materials not used at the end of each day shall be returned to the designated storage areas. 3. Adjacent Areas: The Contractor is cautioned pertaining to the proper storage of material. The job site is located in the center of the campus, with student and faculty traffic around all sides. Material shall not be stacked to hinder pedestrian or vehicular traffic. No material shall be allowed in areas where work is not being performed except as otherwise designated on the Drawings. SUP-12 Trash Disposal. The following supplements Paragraph 3.1.7: The Contractor shall allow no trash or debris to accumulate and shall remove same from within the building each day when the Contractor’s employees have left the premises and shall remove same from the overall work area and storage areas at the end of each work week. Flammable trash or materials, such as paints and solvents, shall be removed at the end of each workday. All building material and trash shall be disposed of legally off the campus. Burning of material on the site shall not be permitted. SUP-13 Parking. No parking is available on University premises for Contractor or employee vehicles, unless other arrangements are made with the Owner’s Representative. SUP-14 Securing of Work Area. employees have left the premises. Provide means for securing the work areas within the project site when the Contractor’s SUP-15 Use of Owner’s Utilities. Delete Paragraph 1.7.6 and replace with the following: The Owner agrees to provide at not cost to the Contractor service from the existing utilities in the building for the execution of the work. The Contractor shall exercise conservation in the use of the Owner’s utilities to prevent waste. Contractor is required to protect Owner’s equipment such as panel boxes, circuit breakers, and to replace same at no cost to the Owner should they become damaged or broken. The Contractor shall not use University telephones or data networks. SUP-16 Interruption of Building Systems 1. HVAC: The Owner’s Representative may restrict interruptions otherwise PROVIDED: that in such event there shall be an adjustment in the work schedule; and PROVIDED FURTHER: that there shall be no restrictions otherwise except in an emergency affecting the safety of property, health, or life. 2. Domestic Water: The Contractor shall give notice to the Owner’s Representative at least fifteen (15) calendar days in advance of the date on which he wishes to interrupt Domestic Water service to the building or portions thereof. The duration of each separate interruption shall not exceed four (4) hours. No interruptions may take place except on weekends between the hour of 6:00 a.m. on Saturdays and the hour of 9:00 p.m. on Sundays. The Contractor may otherwise interrupt service at any time and duration provided that written permission from the Owner’s Representative to do so has been obtained by the Contractor. The Owner’s Representative may restrict interruptions otherwise PROVIDED: that in such event there shall be an adjustment in the work schedule; and PROVIDED FURTHER: that there shall be no restrictions otherwise except in an emergency affecting the safety of property, health, or life. 3. Sprinkler Fire Protection System: The Contractor shall give notice to the Owner’s Representative and to the City of Atlanta Fire Department at least fifteen (15) days in advance of the date on which he wishes to interrupt fire protection service to the building. The duration of each separate interruption shall not exceed eight (8) hours. No interruption may take place except over weekends between the hour of 6:00 a.m. on Saturdays and the hour of 9:00 p.m. on Sundays. The Contractor may otherwise interrupt services at any time provided that written permission from the Owner’s Representative to do so has been obtained by the Contractor. The Owner’s Representative may restrict interruptions otherwise PROVIDED: that in such event there shall be an adjustment in the work schedule; and PROVIDED FURTHER: that there shall be no restrictions otherwise except in an emergency affecting the safety of property, health, or life. 4. Storm Service and Waste Service: The Contractor shall give notice to the Owner’s Representative at least seven (7) calendar days in advance of the date on which he wishes to interrupt waste and storm sewer service. For waste, no interruptions may take place except over weekends between the hour of 6:00 a.m. on Saturdays and the hour of 6:00 p.m. on Sundays. For storm sewer, the interruptions may occur during working hours providing that the weather forecast does not anticipate rain. Only work which can be accomplished on one day may be undertaken unless provisions for temporary connections for the storm sewer are accomplished if overnight interruptions are necessary. The Contractor may otherwise interrupt service at any time provided that written permission from the Owner’s Representative to do so has been obtained by the Contractor. The Owner’s Representative may restrict interruptions otherwise PROVIDED: that in such event there shall be an adjustment in the work schedule; and PROVIDED FURTHER: that there shall be no restrictions otherwise except in an emergency affecting the safety of property, health, or life. 5. Electricity: The Contractor shall give notice to the Owner’s Representative at least fifteen (15) calendar days in advance of the date on which he wishes to interrupt electrical service to the building or portions thereof. The duration of each separate interruption shall not exceed eight (8) hours. No interruptions may take place except over weekends between the hour of 11:00 p.m. on Fridays and the hour of 6:00 p.m. on Sundays. The Contractor may otherwise interrupt service at any time and duration provided that written permission from the Owner’s Representative to do so has been obtained by the Contractor. The Owner’s Representative may restrict interruptions otherwise PROVIDED: that in such event there shall be an adjustment in the work schedule; and PROVIDED FURTHER: that there shall be no restrictions otherwise except in an emergency affecting the safety of property, health, or life. 6. Fire Alarm System: The Contractor shall give notice to the Owner’s Representative at least fifteen (15) days in advance of the date on which he wishes to interrupt fire alarm system service to the building. The duration of each separate interruption shall not exceed eight (8) hours. No interruptions may take place except over weekends between the hour of 6:00 a.m. on Saturdays and the hour of 9:00 p.m. on Sundays. The Contractor may otherwise interrupt service at any time provided that written permission from the Owner’s Representative to do so has been obtained by the Contractor. The Owner’s Representative may restrict interruptions otherwise PROVIDED: that in such event there shall be an adjustment in the work schedule; and PROVIDED FURTHER: that there shall be no restrictions otherwise except in an emergency affecting the safety of property, health, or life. SUP -17 Existing Facilities to Remain Operational and Accessible. The following supplements Paragraph 1.7.4: Coordination with the Owner to determine acceptable work areas is critical to the completion of this project in the time scheduled. Corridors, stairs and other exit ways shall remain in use and kept passable and free of debris and stored material at all times. Adjacent parking areas shall remain usable by tenants at all times except as otherwise arranged with the Owner’s Representative. When work is not physically being performed, these areas shall be free of material, equipment and debris of the Contractor. Interruptions to school functions shall be kept to a minimum. Adequate air conditioning, heating and lighting shall be maintained in all occupied spaces except as agreed upon with the Owner’s Representative. SUP -18 Possible Exposure to Hazardous Materials. In the scope of performing the work, the Contractor’s employees could be exposed to hazardous materials. The Contractor shall determine what safety measures and precautions are necessary for their employees to safely work in areas of concerns. The Contractor is fully responsible for the safety of their employees, including notifying employees of possible hazards. This includes, but is not limited to, determining and providing the appropriate safety equipment for their employees to safely work in area of concern. SUP -19 Elevators. The following supplements Paragraph 1.7.4: 1. University elevators may be used for material movement only with permission of the Owner’s Representative following an inspection of the facilities for pre-existing conditions in accordance with Supplementary General Conditions Paragraph SUP-04. The Owner reserves the right to restrict Contractor’s material movement use to non-business hours when any part of the building is occupied. Elevators shall be kept clear of debris and hazards at all times and shall be given a thorough cleaning at the end of each day’s use. The Contractor shall be responsible for cost of repair and/or replacement of all damage to elevator finishes and equipment occurring during the period of Contractor’s use. Confirm the maximum load capacity of the freight elevator with the Owner’s representative. Contractor shall protect the elevator interiors if elevators are utilized. 2. The Contractor shall take digital picture(s) showing the condition of elevator cab prior to start of Construction. The elevator cab walls shall be protected with a self supporting 2” X 2” frame with styrofoam insulation within the frame then a masonite or plywood cover. Do not penetrate any elevator components with fasteners. Protect floor with wall to wall non skid hard rubber floor mat or carpet over masonite. At the entrance to the elevator lobby provide a wet and a dry walk off mat to prevent any dust or debris to track to the rest of the building. 3. Prior to 0630 hours, Contractor shall complete cleaning of all surfaces. Area shall be re-checked and cleaned, as necessary, during work day. Contractor shall be responsible for cleaning all dust and debris from other areas of the building should it be determined by the Owner that it is a result of the construction project. If any damage is done by the Contractor then the Owner shall get the repair work done by the current elevator contractor, retained by the Owner, for maintaining all campus elevators. The Owner shall back charge the project construction Contractor for the cost. 4. The Owner’s definition of “clean” for elevator cabs includes but is not limited to the following: 1) no loose debris on floor or in elevator door tracks, 2) no soiled walls, 3) polished stainless steel, and 4) floor and door surfaces clean of footprints, handprints and streaks. The Owner’s definition of “clean” for elevator lobbies includes but is not limited to the following: 1) no loose debris or dust, 2) floors swept and mopped, or carpet vacuumed clean, and 4) the floor and door clean of footprints, streaks and handprints. 5. At or about 0630 hours, the Owner’s representative will check these areas. If conditions are not acceptable, the Contractor will be called to respond and provide adequate cleaning of the areas. If conditions are not corrected by 0700 hours, the Owner’s representative will provide for the cleaning; but, the Contractor shall be back charged. The decision by Owner to take responsibility to clean the affected areas is final. The Contractor shall be charged $100 per elevator lobby and $50 per elevator cab. SUP-20 Phasing of the Work. The contractor shall coordinate the demolition/modification of fire-fighting, building alarm, elevator and emergency lighting systems such that disruption will occur when the building is not occupied. SUP-21 Existing Furniture. The contractor shall coordinate the removal, temporary storage, and return and set-up of all existing furniture and equipment within the Scope of Work for this project that requires removal. The contractor shall also be responsible for providing full protection of any furniture and equipment that is to remain on site. Any and all costs associated with this activity shall be borne by the Contractor. SUP-22 Contractor Coordination with Regulating Bodies. The contractor shall coordinate with the City of Atlanta any project specific permits and restrictions thereof including closure of city streets for crane operation. In addition, if other means of lifting equipment and materials to the roof are utilized, the contractor shall coordinate the efforts with all associated governing bodies. Any and all costs associated with permits, temporary closing of streets and securing local law enforcement shall be borne by the Contractor. SUP-23 Cutting or Coring. During regular building occupied hours, the contractor shall keep dust and noise to a minimum; therefore, cutting, coring, chipping or any similar method of modifications to the building structure shall be prohibited from 9AM to 6PM on Monday through Thursday and from 9AM to 5PM on Fridays. SUP-24 Contractor Qualifications. This work requires special construction expertise that must be verified through documented experience. Therefore, any General and/or Sub-Contractor submitting a bid for this scope of work must confirm that he has completed similar work as follows. All of the information shall be verified by a representative of Georgia State University prior to award of contract: 1. Work Experience: The Contractor must have completed similar work as follows: a. Demonstrated experience in completing of procuring and installing a 300 kW (or larger) diesel engine driven emergency generator complete with weatherproof protective enclosure, automatic transfer switch and associated electrical distribution equipment. b. Demonstrated experience in performing work which requires the installation of vertical electrical feeders in an occupied multi-tenant high-rise office building. c. Demonstrated experience in performing work within tenant spaces. d. Demonstrated experience in modifying existing 480-volt equipment (2000-amp and larger) which includes tapping of buses and coordinating with the electric utility for the outages necessary to accommodate equipment changes. 2. Contracting Experience, Location and Licensing: a. The Bidding Contractor: i. Shall have the location of its company office within forty (40) miles of the Georgia State University Campus. The company location shall be the mailing address provided to the State of Georgia for the registration of the business name of the company. ii. Shall have been in business under the present company name for a minimum of five (5) years. iii. Shall have a State of Georgia Electrical Contractor License. An officer, partner or principal of the Electrical Sub-Contractor shall be the holder of the License. Experience outlined in paragraphs above must be demonstrated by projects which are complete prior to the bid date for this work. SUP-25 Small Business and Minority Vendor Designee. The designee of the Board of Regents of the University System of Georgia by and on Behalf of Georgia State University to act as liaison with small business and minority vendors is Ms. Karmen Milton, Small Business Liaison. For more information, please contact Georgia State University’s Purchasing Department by phone at 404-4133150. SUP-26 Term Clarification. Every reference in the General Requirements of the Construction Management Contract document to the term General Conditions or to the term Supplementary General Conditions shall mean General Requirements or Supplementary General Requirements, respectively. SUP-27 Items Deleted. The following paragraphs are omitted: 1.7.5, Office for Contract Compliance Specialist (CCS). [Remainder of page intentionally left blank.] Public Works Contractor Safety Review revised 2011 1. List your firm's Interstate Experience Modification Rate for the 3 most recent years: 2010 __________ 2009 _____________ 2008 ____________ 2. Using your OSHA 200 Log information for the past 3 years, fill in the table below. OSHA 200 LOG INFORMATION 2010 2009 2008 Number of Lost Workday Cases Number of Restricted Workday Cases Number of Cases with Medical Attention Only Number of Fatalities 3. What is the total value of construction contracts awarded to your firm in each of the last 3 years? 2010 $ __________ 2009 $ _____________ 2008 $ ____________ 4. Of the total value of construction contracts awarded in the last 3 years (Question 3 above) what was the value of construction contracts awarded by government entities, i.e., federal, state, municipality, etc., where Federal assisted funding was provided? 5. Estimate the cost of administering your safety and health program as a percentage of your company's direct labor cost. Cost should include the following: salaries for safety, medical and clerical personnel; safety meetings; inspection of tools and equipment; orientation sessions; site inspections; personal protective equipment; health program such as respirator-fit tests; and miscellaneous supplies and equipment: _______%. 6. What has been your company's Workers' Compensation Insurance cost in each of the past three years? 2010 __________ 2009 _____________ 2008 ____________ 7. Please list the following three-year analysis: Tota1 Direct Workers' Compensation Costs) (# of Accidents in 3 years) = $ _____________________ 8. Does your company have a formal safety program? Yes _____ No_______ If you have any questions, please call Georgia State University Department of Safety & Risk Management at (404) 4139545. *Please feel free to supply any additional attachments or data. Initials _________ Date _________ Public Works Contractor Safety Review (continued) Elements of Safety & Health Program Yes No Other 1. Does your corporate policy contain a statement related to management's commitment to safety and health? 2. Are corporate safety and health goals established? 3. Are the goals issued and communicated to employees? 4. Is the program reviewed and revised where applicable at least annually? 5. Does management participate in safety meetings? 6. Does management participate in safety inspections? 7. Are there agenda items for safety meetings? 8. Is there a safety designee on all projects? If not indicate what percentage of all company projects include a safety designee. 9 .Is there a formal procedure to insure that all supervisors including all foremen understand their safety and health responsibilities? 10. Does your company have a written safety program? 11. Is there a discipline program in place for employees who do not adhere to safety rules? Briefly describe. 12. Are there periodic site safety inspections? Indicate frequency: daily, weekly, etc. 13. Is the previous safety performance of subcontractors considered in the bid process? If yes, briefly explain. 14. Has your company ever disqualified subcontractors based on their previous safety performance? 15. Does your firm evaluate the safety programs of your subcontractors? 16. Does your firm hold site safety meetings for field supervisors? 17. Does your firm conduct on-site safety inspections of subcontractors? If yes, indicate frequency. 18. Does your company utilize an on-site safety committee? If so, indicate the percentage of projects that use these committees. 19. Does your company safety committee consist of at least one hourly employee? 20. Is there a formal employee training program. If yes, briefly explain, i.e. classroom, OJT, etc. 21. Do you have an orientation program for new hires? 22. Do you hold craft "tool box" meetings? If so, how often? 23. Are emergency procedures and training provided to employees? 24. Do supervisors perform accident and near-miss investigations? 25. Are accident/near miss reports communicated to upper level management? Indicate the highest level of management, i.e. Field Superintendent, Vice President of Construction , President of Firm, etc. Please use the reverse side of this page if you have additional information. If you have any questions, please call Georgia State University Department of Safety & Risk Management at (404) 413-9545. Company Name: _________________________________ Signature: ______________________________________ Title ________________________ Notary Seal: Signature: _______________________ My commission expires _______________________ Georgia State University Health and Safety Plan Outline (Minimum Requirements) • Name and telephone number(s) of the person responsible for safety on this project. (This must be a 24-hour number through the duration of the project.) • A list of all hazardous materials to be used for the project, plus the projected amounts of the material to be onsite at anyone time. • Material Safety Data Sheets (MSDS) for all hazardous materials to be used. This includes, but is not limited to , all cleaning supplies, lubricants, oils, solvents, glues, adhesives, plastics, paints, varnishes, and any other material to be used on the project. Note: No hazardous material(s) are to be brought onsite until the Department of Safety and Risk Management has reviewed the MSDS for each. Any additional hazardous material(s), not initially listed, but needed to complete the project, shall be reviewed by the Department • Control measures that will be used by the contractor to protect both the contractor's employees and Georgia State University's employees and students for each hazardous material to be brought onsite, • Fire suppression methods to be employed, Include types of fire suppression equipment to be available on site for use by the contractor’s employees. • A copy of Contractor's Hazardous Communication Program. • A list of Personal Protective Equipment (PPE) to be used by contractor's employees. A copy of Contractor's PPE Program. • Measures that will be used by the contractor to control the migration of potentially harmful dusts and fumes that could be generated in building and renovation projects to other parts of Georgia State University properties. • Emergency procedures to be used by the contractor in the event of an accident. • Decontamination procedures to be used by contractor. • Disposal methods of all contaminated materials such as, but not limited to, chemically contaminated PPE, rags, empty containers, and/or unused materials. Specifically, how will the contractor handle their hazardous waste? • The Hazardous Waste EPA Identification Number of the contractor. END OF SUPPLEMENTARY GENERAL CONDITIONS 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University SECTION: 14 21 00 – TRACTION ELEVATORS PART 1 - GENERAL 1.1 SUMMARY AND DEFINITIONS A. Related Documents 1. B. Division 01 – Supplementary General Conditions Intent 1. 2. This section includes electric traction passenger & service elevators. The following outlines the scope of work covered in this Section: a. 3. 4. 5. 6. 7. 8. The addition of elevator emergency power the controls of an existing three (3) car group (PE1 – PE3) of elevators and a single geared traction elevator (PE4). Related equipment shall be designed, constructed, installed and adjusted to produce the highest results with respect to smooth, quiet, convenient and efficient operation, durability, economy of maintenance, and the highest standard of safety. It is not the intent of these specifications to detail the construction and design of all parts of the equipment, but it is expected that the type, materials, design, quality of work and construction of each part shall be adequate for the service required, durable, properly coordinated with all other parts, and in accordance with the best commercial standards applicable and of the highest commercial efficiency possible. Electric and magnetic circuits and related parts shall be of proper size, design and material to avoid heating and arcing, and all other objectionable effects which may reduce the efficiency of operation, economy of maintenance and/or net-useful life of the apparatus. Minimum requirements for design, materials, etc., are for certain parts of the equipment. Equivalent requirements approved by the Consultant shall apply to such parts as are of special design, construction or material and to which the specified requirements are not directly applicable. These minimum requirements as a whole shall be considered as establishing proportionate general minimum standards for all parts of the equipment. The Consultant may permit variations from the requirement of these specifications to permit use of the Contractor’s standard equipment, provided such standard equipment is in every way adequate for the intended use and meets the full intent of these specifications. All such variations proposed by the manufacturer shall be called to the attention of the Consultant and shall only be made if approved in writing prior to the award of the contract. General requirements for design, materials and construction are intended primarily to apply to the heavy-duty and important parts of the equipment specifically mentioned and to other parts of similar duty and importance. Less important and light-duty parts may be of the standard design, materials and construction provided that, in the opinion of the Consultant, such standards are in accordance with the best commercial practice and are TRACTION ELEVATORS 14 21 00 - 1 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 9. fully adequate for the purpose of use. All such variations shall be made only on the Consultant’s written approval. All equipment and component parts installed, supplied or provided under this contract shall be manufactured and distributed by a third-party, non-installer company servicing the vertical transportation industry. a. b. c. 10. All equipment provided shall be factory and field tested with a history of design reliability and net-useful life established. a. b. 11. 12. 13. 14. Apparatus shall conform to the design and construction standards referenced herein, and shall be rated the best commercial grade suitable for this application. Equipment and component systems shall not employ any experimental devices or proprietary designs that could hamper and/or otherwise prohibit subsequent maintenance repairs or adjustments by all qualified contractors. Manufacturers of the apparatus shall provide technical support and parts replacements for their equipment and component systems for a minimum of twenty (20) years, and issue such guarantee of support to the purchaser with written certification naming the final Owner of their product(s) to ensure the apparatus or systems remain maintainable regardless of who may be selected for future service. Contractor must be able to demonstrate the apparatus to be installed has been used successfully in a substantially similar manner under comparable conditions. If the apparatus proposed differs substantially in construction, material composition, design, size, capacity, duty or other such rating from the equipment previously used for the same purpose by the manufacturer, the Consultant may reject the apparatus or require the vendor test and demonstrate the adequacy and suitability for this particular situation. Any necessary tests shall be performed at the sole expense of the Contractor with no prior guarantee of acceptance after the testing procedure. The Contractor shall not use as part of the permanent equipment any experimental devices, proprietary design, components, construction of materials which have not been fully tried out in at least substantially similar or under comparable service, except as may be especially approved by the Consultant. If any important equipment or devices to be used on this installation differ substantially in construction, materials, design, size, capacity or duty from corresponding items previously used for the same purpose by the manufacturer, they shall pass such tests as the Consultant may require to fully show their adequacy and suitability. These tests shall be in addition to tests herein specified and shall be made at the expense of the Contractor. Certain design limitations, tests, etc., are herein specified as a partial check of the adequacy of design, construction and materials used. These requirements do not cover all features necessary to ensure satisfactory and approved operation, etc., of the equipment. It is understood, the entire system shall be designed, fabricated, modified and/or upgraded in full compliance with applicable local laws and code standards. The absence of a particular item or requirement shall not relieve the Contractor of the full and sole responsibility for such equipment, features and/or procedures. With the exception of only those items specifically identified as being performed by others, the Specifications are intended to include all engineering, material, labor, testing, and inspections needed to achieve work specified by the Contract Documents. Inasmuch as it is understood that any incidental work necessary to complete the project is also covered by the Specifications, bidders are cautioned to familiarize themselves with the TRACTION ELEVATORS 14 21 00 - 2 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 15. C. Description 1. 2. 3. D. existing job site conditions. Additional charges for material or labor shall not be permitted subsequent to execution of the Contract. Bidders must report discrepancies or ambiguities occurring in the Specifications to the Consultant for resolution prior to the bidding deadline, otherwise the Specifications shall be deemed acceptable in their existing form. Work Included: The extent of the work is indicated in the specifications and any related drawings. Work of this Section includes labor, materials, tools, equipment, appliances and services required to manufacture, deliver and install the units complete as shown on the drawings, as specified herein, and/or as required by job conditions. The work and /or requirements specified in all sections is described in singular with the understanding that identical work shall be performed on all units or associated systems unless otherwise specified herein. Abbreviations and Symbols 1. The following abbreviations, Associations, Institutions, and Societies may appear in the Project Manual or Contract Documents: AHJ AIA ANSI ASME ASTM AWS BOCA IEEE NEC NEMA NFPA OSHA E. Authority Having Jurisdiction American Institute of Architects American National Standards Institute American Society of Mechanical Engineers American Society for Testing and Materials American Welding Society Building Officials and Code Administrators International, Inc. - Basic National Building Code Institute of Electrical and Electronics Engineers National Electrical Code National Electrical Manufacturers Association National Fire Protection Agency Occupational Safety and Health Act Codes and Ordinances / Regulatory Agencies 1. Work specified by the Contract Documents shall be performed in compliance with applicable Federal, State, and municipal codes and ordinances in effect at the time of Contract execution. Regulations of the Authority Having Jurisdiction shall be fulfilled by the Contractor and Subcontractors. The entire installation, when completed, shall conform with all applicable regulations set forth in the latest editions of: a. b. c. d. e. f. Local and/or State laws applicable for logistical area of project work. Safety Code for Elevators and Escalators, ASME A17.1 and all supplements. Guide for Inspection of Elevators, Escalators, and Moving Walks, ASME A17.2. Safety Code for Existing Elevators and Escalators, ASME A17.3. Guide for emergency evacuation of passengers from elevators, ASME A17.4. National Electrical Code (ANSI/NFPA 70). TRACTION ELEVATORS 14 21 00 - 3 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University g. h. 2. F. The Contractor shall advise the Owner’s Representative of pending code changes that could be applicable to this project and provide quotations for compliance with related costs. Definitions 1. 2. 1.2 American With Disabilities Act - Accessibility Guidelines for Building and Facilities. ASME A17.5/CSA-B44.1 - Elevator and escalator electrical equipment. Defective Work: Operation or control system failure, including excessive malfunctions; performances below specified ratings; excessive wear; unusual deterioration or aging of materials or finishes; unsafe conditions; need for excessive maintenance; abnormal noise or vibration; and similar unusual, unexpected, and unsatisfactory conditions. Definitions in ASME A17.1 as amended or modified by the AHJ apply to work of this Section. PERMITS AND SUBMITTALS A. Permits 1. 2. 3. B. Comply with the requirements of Division 01. Prior to commencing work specified by the Contract Documents, the Contractor shall, at its own expense, obtain all permits or variances as may be required by the AHJ and provide satisfactory evidence of having obtained said permits and variances to both the Owner’s Representative and Consultant. File necessary drawings for approval of all Authorities Having Jurisdiction. Submittals 1. Prior to beginning the work, the Contractor shall submit and have approved copies of layout drawings, shop drawings and standard cuts. These items shall include: a. b. c. 2. 3. 4. 5. 6. Elevator control electrical drawings revised to incorporate changes Drawings reflecting the elevator control wiring and building wiring connections All accessories. The Consultant and the Owner’s Representative shall pass on the submittals with reasonable promptness and the Contractor shall be responsible to ensure that there will be no delay in their work or that of any other trade involved. Approved filing and submittal requirements must be completed before equipment and related materials are ordered. Copies of Department of Buildings’ permits and/or governing authority’s documents will be posted at the job site with copies issued to the Owner’s Agent, Owner’s Representative and Consultant. Equipment being used shall be submitted for approval by the Owner’s designee. It shall be understood that approval of the drawings and cuts by Owner’s designee, Architect and/or Consultant shall be for general arrangement only and does not include measurements which are the Contractor’s responsibility or approval of variations from the contract documents required by the AHJ. TRACTION ELEVATORS 14 21 00 - 4 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 7. C. Measurements and Drawings 1. 2. 3. D. The Contractor shall prepare a record log and maintain all submittals, shop drawings, catalog cuts and samples. Drawings or measurements included with the bidding material shall be for the convenience of the bidders only and full responsibility for detailed dimensions lies with the Contractor. In the execution of the work on the job, the Contractor shall verify all dimensions with the actual conditions. Where the work of the Elevator Contractor is to join other trades, the shop drawings shall show the actual dimensions and the method of joining the work of the various trades. Diagnostic Tools 1. Prior to seeking final acceptance of the project, the Contractor shall deliver to the Owner any specialized tools required to perform diagnostic evaluations, adjustments, and/or programming changes on any microprocessor-based control equipment installed by the Contractor. All such tools shall become the property of the Owner. a. b. c. 2. E. Owner’s diagnostic tools shall be configured to perform all levels of diagnostics, systems adjustment and software program changes which are available to the Contractor. Owner’s diagnostic tools that require periodic re-calibration and/or re-initiation shall be performed by the Contractor at no additional cost to the Owner for a period equal to the term of the maintenance agreement from the date of final acceptance of the project. The Contractor shall provide a temporary replacement, at no additional cost to the Owner, during those intervals in which the Owner might find it necessary to surrender a diagnostic tool for re-calibration, re-initiation or repair. Contractor shall deliver to the Owner, printed instructions, access codes, passwords or other proprietary information necessary to interface with the microprocessor-control equipment. Wiring Diagrams, Operating Manuals and Maintenance Data 1. 2. 3. 4. Comply with the requirements of Division 01. Contractor shall deliver to the Owner, four (4) identical volumes of printed information organized into neatly bound manuals prior to seeking final acceptance of the project. The manuals shall also be submitted in electronic format on non-volatile media, incorporating raw ‘CAD’ and/or Acrobat ‘PDF’ file formats. Manuals, as well as electronic copies, shall contain the following: a. b. c. Step-by-step adjusting, programming and troubleshooting procedures that pertain to the solid-state microprocessor-control and motor drive equipment. Passwords or identification codes required to gain access to each software program in order to perform diagnostics or program changes. A composite listing of the individual settings chosen for variable software parameters stored in the software programs of both the motion and dispatch controllers. TRACTION ELEVATORS 14 21 00 - 5 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University d. 5. Contractor shall provide four (4) sets of “AS INSTALLED” straight-line wiring diagrams in both hard and electronic format in accordance with the following requirements: a. b. c. 6. 7. F. Displaying name and symbol of each relay, switch or other electrical component utilized including identification of each wiring terminal. Electrical circuits depicted shall include all those which are hard wired in both the machine room and hoistway. Supplemental wiring changes performed in the field shall be incorporated into the diagrams in order to accurately replicate the completed installation. Furnish four (4) bound instructions and recommendations for maintenance, with special reference to lubrication and lubricants. Manuals or photographs showing controller repair parts with part numbers listed. Training 1. 2. Prior to seeking final acceptance of the project, the Contractor shall conduct a training program on-site with building personnel selected by the Owner. The focus of the session shall include: a. b. c. d. 1.3 Method of control and operation. Emergency Fire Recall Operation - Phase I Emergency In-car Operation - Phase II Emergency Power Operation Emergency Communications Equipment QUALITY ASSURANCE A. Materials and Quality of Work 1. 2. All materials are to be new and of the best quality of the kind specified. Installation of such materials shall be accomplished in a neat manner and be of the highest quality. a. b. B. Should the Contractor receive written notification from the Owner stating the presence of inferior, improper, or unsound materials or quality of installation, the Contractor shall, within twenty-four (24) hours, remove such work or materials and make good all other work or materials damaged. Should the Owner permit said work or materials to remain, the Owner shall be allowed the difference in value or shall, at its election, have the right to have said work or materials repaired or replaced as well as the damage caused thereby, at the expense of the Contractor, at any time within one (1) year after the completion of the work; and neither payments made to the Contractor, nor any other acts of the Owner shall be construed as evidence of acceptance and waiver. Qualifications TRACTION ELEVATORS 14 21 00 - 6 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1. 2. The work shall be performed by a company specialized in the business of manufacturing, installing and servicing conveying systems of the type and character required by these specifications with a minimum of ten (10) years experience. Prior written acceptance is required for manufacturers other than those listed, before quoting this project. Requests for acceptance will not be considered unless they are submitted before bid date and are accompanied by the following information: a. b. c. d. e. 1.4 List of five (5) similar installations having exact equipment being proposed for this project arranged to show name of project, system description and date of completed installation. Complete literature, performance and technical data describing the proposed equipment. List of ten (10) service accounts by building name, building manager or owner, including phone numbers. Location of closest service office from which conveying system will be maintained. Location of closest parts inventory for this installation. DELIVERY, STORAGE, HANDLING AND COORDINATION A. Work With Other Trades / Coordination 1. 2. B. Protection of Work and Property 1. 2. 3. C. Coordinate installation of sleeves, and other items that are embedded in concrete or masonry for the applicable equipment. Coordinate sequence of installation with other work to avoid delaying the Work. Coordinate locations and dimensions of other work relating to electrical service, necessary emergency power signals from transfer switch electrical outlets, lights, and switches in pits and machine rooms, overhead sheave rooms and hoistways. The Contractor shall continuously maintain adequate protection of all their work from damage and shall protect the Owner’s property from injury or loss arising out of this contract. The Contractor shall make good any such damages, injury or loss, except such as may be directly caused by agents or employees of the Owner. The Contractor shall provide all barricades required to protect open hoistways or shafts per OSHA regulations. Such protection shall include any necessary guards or other barricades for employee protections during and after the modernization procedure. Related Work by Others 1. The following requirements shall be applicable based on prevailing conditions at the site of work and/or mandated modifications for code compliance. a. b. Installation of new main line power feed with related disconnect switch designed and located per local law requirements. Installation of auxiliary power feed with related distribution panel(s) and disconnect(s) designed and located per local law requirements. TRACTION ELEVATORS 14 21 00 - 7 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1) 2) c. Voltage shall be 110 VAC with one 15 Amp circuit breaker or fuse for lighting of each individual elevator car enclosure. Circuit breakers and/or fused disconnects shall be lockable in the “OFF” position in accordance with applicable code. Installation of emergency power control interface provisions to signal the elevator control apparatus of a transfer from normal (utility) power to the building emergency (generator) power supply. Also, provide additional control interface to give advanced notification to the elevator control apparatus that the power source will transfer from emergency (generator) power to normal (utility) power. Interfacing contacts shall be wired to an electrical junction box located inside each machine room for connection to the elevator control equipment by the Elevator Contractor. Coordinate the type of interface required for the specific elevator control apparatus with the Elevator Contractor. 1) Normal Power/Emergency Power Control Signals consisting of two (2) dry contacts provided by others to function as follows: a) b) 1.5 One (1) dry contact normally open to make when Normal Power is available. (Logic state of dry contact is to be confirmed by the Manufacturer of the Elevator Control Equipment). One (1) dry contact normally open to make when emergency power is available. (Logic state of dry contact is to be confirmed by the Manufacturer of the Elevator Control Equipment). WARRANTY AND MAINTENANCE SERVICES A. Contract Close-Out, Guarantee and Warranties 1. 2. Comply with the requirements of Division 01. Guarantee and Warranties: a. B. Warrant the equipment installed under these specifications against defects in material and quality of installation and correct any defects not due to ordinary wear and tear or improper use or car which may develop within one year from the date each elevator is completed and placed in permanent operation and accepted by the Owner. Contract Close-Out, Guarantee and Warranties 1. 2. 3. The Contractor agrees to certify that work performed in accordance with the Contract Documents shall remain free of defects in materials and quality of work for a period of one (1) year after final acceptance of the completed project, or acceptance thereof by beneficial use on a unit by unit basis, whichever occurs first. The sole duty of the Contractor under this warranty is to correct any non-conformance or defect and all damages caused by such defect without any additional cost to the Owner and within fifteen (15) days of notification. The express warranty contained herein is in lieu of all other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose. TRACTION ELEVATORS 14 21 00 - 8 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 4. 1.6 In the event the Contractor fails to fulfill its obligations defined herein, the Owner shall have the express right to perform the Contractor’s obligations and to charge the Contractor the cost of such performance or deduct an equal amount from any monies due the Contractor. AUXILIARY SYSTEMS AND TESTING PROCEDURES A. Emergency Power Selector Panel Operation and Testing (EPO Sequencer) 1. Visual signals and operating devices noted in the following testing procedure are included in the “Emergency Power Selector Panel” section. a. b. 2. Automatic Mode: If an elevator is requested to return to the main floor, the selector panel lamp will pulse on and off. When this elevator has accepted the request to return, the lamp will illuminate continuously. When the elevator has returned to the main floor, the lamp will extinguish. Manual Mode: If an elevator has been selected for service, the selector panel lamp will illuminate continuously. If it is desired to deselect this elevator, push the pushbutton or rotate the selector to deselect. The lamp will pulse on and off until the elevator has returned to the main floor. When the elevator has returned the lamp will extinguish. Emergency Power Operation Automatic/Manual Modes a. Automatic Mode: 1) 2) b. If an elevator is requested to return to the main floor, the selector panel lamp will pulse on and off. When this elevator has accepted the request to return, the lamp will illuminate continuously. Means shall be provided adjacent to the selector switch(es) to indicate that the elevator is at the designated level with the doors in the normally open position. The auto/manual keyed switch must be in the “AUTO” position when on Normal Power. When emergency power is initiated, the EPS (Emergency Power Sequencer) will attempt to sequentially return all elevators to the main floor. The number of elevators that can recall simultaneously is contingent on the amount of emergency power available. Coordinate power availability with Owner’s Representative] The order in which the elevators are returned can be predefined. If after a predetermined time (45 seconds) a selected elevator does not respond to the request to return, another elevator will be selected. When an elevator returns to the main floor, the elevator will open the doors to allow passengers to exit and then close its doors. If there are any elevators that are not at the main floor, the EPS will repeatedly attempt to return these elevators, while in Automatic Mode, a maximum of three (3) times. Manual Mode: 1) TRACTION ELEVATORS The auto/manual keyed switch can be turned at any time to the “MANUAL” position. At the time the auto/manual keyed switch is turned to the “MANUAL” position, the elevator that was selected while in the Automatic 14 21 00 - 9 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University Mode, will automatically return to the lobby floor, open the doors to allow passengers to exit the elevator, and be removed from service. The newly selected elevator will then begin operation and respond normally to hall and car calls. 3. Emergency Power Sequence Elevator Controller Interlocking Operation a. Automatic Mode EPS (Emergency Power Sequencer): 1) 2) 3) 4) 5) 6) b. Manual Mode EPS (Emergency Power Sequencer) 1) 2) 3) 4) c. With the loss of Normal Power, the stop signal input will be active to inhibit movement of all the elevators. When the signal from the emergency generator signals that the power is stable, the EPS will attempt to return all elevators to the main floor. Selection of an elevator is based upon a stop signal output being active to the controller input for all of the elevators that have not been selected to return. The run signal will then be activated to request the selected elevator to return. If the request to return is accepted, the elevator will activate a run signal output to the EPS. If after a predetermined time the request to return is not accepted, the request will be withdrawn and another elevator will be selected for return operation. When the selected elevator has returned to the main floor, the doors will open to allow passengers to exit and then close its doors. The run signal output will be deactivated and the stop signal output will be activated. If while returning an elevator to the main floor or during a manual selection operating mode, the Normal Power becomes available, an input signal (Normal Power Returning) will be activated to force the elevator to slow down and stop at the nearest floor. After a predetermined time, the primary elevator controls will be designed to restart elevators one at a time under Normal Power. For an elevator to run in normal service while on emergency power, the run signal input will be released with the selector or push button positioned accordingly. To inhibit an elevator from running while on emergency power, the stop signal input will be activated with the selector or push button positioned accordingly. If an elevator is running and Normal Power becomes available, a control signal input (Normal Power Returning) will be activated to force the elevator to slow down and stop at the nearest floor automatically and open the doors. After Normal Power is restored, all elevators will be restarted on a sequential basis one (1) at a time. Other E.P.O. Functions and Supplemental Descriptions 1) TRACTION ELEVATORS Prior to commencing emergency generator testing, a contingent of personnel familiar with elevator, emergency generator and any other power systems tied into the emergency generator must have communications established 14 21 00 - 10 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 2) between the respective parties, preferably through the use of walkie-talkies or other battery-supported communication devices. Testing of Transfer from Normal to Emergency Power a) b) c) d) e) f) g) 3) Testing of Transferring Emergency Generator to Normal Power a) b) TRACTION ELEVATORS Pre-transfer Switch (Test Mode) - At the emergency generator area a test signal to the elevator equipment must be provided before start of emergency generator testing. This signal must be brought to the elevator dispatch controllers via a “dry contact”. (Dry contact logic to be determined by the Manufacturer of the Elevator Control Equipment.) This signal will immediately cause all elevators connected to the system to perform a normal slow down sequence and stop at the nearest available floor. All cars will stop and park with doors open. Emergency generator will now be “on line” and when the generator ATS (Automatic Transfer Switch) is energized, connecting the elevator load to the emergency generator, the test signal should be turned “off”. Moving the test switch to “off” will signal the elevator computer to commence automatic recall upon sensing emergency power transfer has occurred. (Depending on the requirements of the Elevator Equipment, a second set of contacts may be required to indicate that the emergency generator is on-line and to begin the automatic sequential return program.) Immediate automatic selection of an elevator via built-in software, will return the selected elevator to the main lobby, open the doors and remove the elevator from service. The next elevator in the sequence will be automatically selected to be brought down. After all cars that are able to be brought down and secured (with doors open), one car (the “duty” car) will be chosen by on-board controller software to run on emergency power operation. If the selected “duty” car, automatically chosen by the controller software, is not desired, an alternate car can be selected by turning the Emergency Power Panel “Auto/Manual” keyed switch to the “Manual” position and move the “Emergency Panel Selection” switch to the position corresponding to the desired car. (The “Manual” key switch must remain in the “Manual” position for the chosen car to remain in service). When another car is chosen with an elevator in motion, the car which was running at the time will return to the lobby, open doors and be removed from service. The chosen car will then go into service. The emergency panel will be simplified so as to have an “Automatic Position” and “Manual Position”. These positions will be keyed the same as the firemen’s service keys in the designated lobbies. Prior to transferring to normal power, a “Pre-Transfer” signal shall be provided by the “ATS”. Should an automatic “Pre-Transfer” signal not be provided, the assigned person at the “Emergency Generator Area” should operate the pre-transfer test switch “on”. The elevator which was running on the emergency generator will stop automatically at the nearest landing and park with the doors open. 14 21 00 - 11 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University c) The emergency generator can now be disconnected and normal power connected upon notification from building personnel that the elevator has parked and is not in motion. PART 2 - PRODUCTS 2.1 ELEVATORS A. Elevators – PE1, PE2 & PE3 1. 2. 3. 4. 5. B. Three (3) One (1) Service, Two (2) Passengers SE1 – 3,500; PE2 & PE3 – 2,500 350 Existing Elevator – PE4 1. 2. 3. 4. 5. 2.2 Quantity Type Capacity (lbs.) Speed (fpm) Power Supply Quantity Type Capacity (lbs.) Speed (fpm) Power Supply One (1) One (1) Passenger 2,500 350 Existing MANUFACTURERS A. Pre-Approved Equipment Manufacturers 1. 2. The following manufacturer’s equipment and materials have been pre-approved for use on this project. Other equipment not specifically mentioned shall be considered for approval on an individual basis. a. 3. Controller - Thyssen/Krupp TAC50 – modify controls as necessary Original Equipment Manufacturers may substitute their own branded equipment subject to the following: a. b. All requirements of the specifications are met regarding performance, appearance, serviceability and support. A full stock of all regular and critical replacement parts required for this project are maintained at a facility within fifty (50) miles of the project site. 1) TRACTION ELEVATORS Any parts not stocked at the above referenced facility shall be identified with the location of the nearest source and shall be available for next-day delivery upon demand. 14 21 00 - 12 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University c. All parts and software shall be made available for purchase to a qualified elevator maintenance firm with one-business day delivery without direct Owner involvement. 1) d. All specialized tools, equipment, software, and passwords, required to maintain, repair, adjust the operation, and perform code mandated inspections are provided to the Owner as part of the base installation. 1) e. B. Updates to these items shall be available via the parts supply facility referenced above. Technical support of the product(s) shall be available to the Owner’s elevator service provider. Control Equipment 1. 2.3 Provide details of parts supply facility and a list of current parts pricing for all major components required for the installation. Provide a microprocessor based - existing equipment compatible elevator emergency power control system. WIRING AND ELECTRICAL SAFETY DEVICES A. Electrical Wiring and Traveling Cable (Reuse - New as Required) 1. 2. Existing traveling cables, where suitable, shall be reused. Provide new traveling cable where required. a. b. c. d. e. f. g. Each traveling cable shall be provided with a flame and water resistant polyvinyl chloride jacket. Electrical wiring shall consist of stranded copper conductors, manufactured in compliance with ANSI/ASTM B174-71 and UL 62 requirements, and polyvinyl chloride insulation complying with ETT requirements of UL 62 and Article 400 of the National Electric Code. Each traveling cable shall contain no less than 10% spare wires. Traveling cable exceeding 100’ in length shall be provided with a steel wire rope support strand from which the cable shall be suspended. Traveling cable must be contained within an approved electrical conduit to within 6’ of the final suspension point in the hoistway. Each new traveling cable shall be arranged to provide no fewer than six (6) individually shielded pairs of 22 gauge wire and arranged to contain no less than one (1) coaxial cable for CCTV remote monitoring. Traveling cable conductors that terminate at a hoistway center box shall be connected to stud block provided for that purpose. 1) TRACTION ELEVATORS Each wiring terminal shall be clearly identified by its nomenclature as shown on the “as built” wiring diagrams and solderless, crimp-on type wire terminals shall be used where possible. 14 21 00 - 13 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University h. 2.4 The attachment of a traveling cable to the underside of the elevator car shall be performed so that a minimum loop diameter of 30x the cable diameter is provided. OPERATING SYSTEMS AND OPERATION A. Emergency Power Operation 1. Upon loss of normal power, and establishing of emergency power, all elevators shall automatically resume normal operation. a. 2. Provisions shall be included in the elevator control system whereby all affected elevators shall automatically return to the main fire recall landing in progressive numerical sequence at normal speed immediately after transferring to the emergency power system. a. b. 3. 4. 5. 6. 7. 8. Car and corridor calls shall become inoperative and all previously registered calls shall be canceled. As each car arrives at the designated landing, it shall park out of service with its door in the open position. In the event an elevator fails to respond to a recall command within forty-five (45) seconds under Emergency Power Operation, that car shall be bypassed and the next car in the sequence shall be recalled. Upon completion of the recall process, one or more elevators shall be automatically selected to run on the emergency power source. Where more than one (1) elevator can operate on emergency power simultaneously, the Contractor shall coordinate the maximum number of elevators with Owner. Coordinate the automatic sequential operation of the elevators with the Owner. Interlock all elevators to allow to operate the maximum number of elevators at a time. An emergency power control panel for all elevators shall be provided in a new lobby monitoring panel containing an indicator light per elevator that becomes illuminated whenever a transfer to emergency power takes place. Furnish 2 panels, 1 panel for the 3 car group and 1 for the single elevator. A key-operated override switch and a manual selector switch with a position indicator for each elevator shall be provided in the emergency control panel. a. 9. Elevators shall start sequentially so as to prevent overloading of the emergency power system. Activating the key-operated override switch while on emergency power shall cancel the previously mentioned automatic recall sequence and allow positioning of the manual selector switch to select a car for operation. Prior to return to normal power, the building ATS shall provide a “pre-transfer” signal to the elevator equipment that will initiate the landing of elevators prior to transfer from emergency power to normal power. a. Timer of the pre-transfer signal shall be adjustable from 15 to 30 seconds. TRACTION ELEVATORS 14 21 00 - 14 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 10. The following additional requirements apply: a. b. c. d. e. 11. Testing of elevators under emergency power shall be accomplished with the building ATS providing a “pre-test” signal to the elevator control apparatus. a. b. 2.5 Firemen’s Service Operation will remain active at all times during emergency power operation but limited to the elevator selected to be in operation. All car lighting will remain active with car lighting on separate “emergency power feeders” and additional battery back-up. Communications will remain active all times via emergency power source feeder and additional battery back-up. Remote monitoring will be active from each group dispatcher for selected elevators using an uninterrupted power supply (UPS) to maintain the central processing unit during power transfers. Position indicator for each elevator will be active in the selected elevator and security room (where applicable), as well as Lobby display panels. The pre-test signal shall initiate the landing of the elevators prior to the transfer from normal to emergency power. After testing, the building ATS shall provide a “pre-transfer” signal to land the elevators prior to the transfer from emergency to normal power. SIGNAL EQUIPMENT A. Emergency Power Control Panel 1. Provide the lobby console or other designated location with a control panel for emergency power operation as further specified. a. b. An emergency power control panel provided at the designated location. The panel shall contain: 1) 2) 3) 2. 3. An indicator light that illuminates when a transfer to emergency power takes place. Indication that the elevators have arrived at the designated landing and have parked with the doors maintained in the open position. Key-operated override switch(es) and a manual selector switch(es) identified with positions for each elevator. The control panel shall be engraved so as to identify the function of each control feature and device provided. The Elevator Contractor shall provide all necessary electrical conduit and wiring between the elevator machine room(s), and the Emergency Power Control Panel. TRACTION ELEVATORS 14 21 00 - 15 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University PART 3 - EXECUTION 3.1 EXAMINATION A. Inspection 1. 2. 3. 4. 3.2 Study the Contract Documents with regard to the work as specified and required so as to ensure its completeness. Examine surface and conditions to which this work is to be attached or applied and notify the Owner in writing if conditions or surfaces are detrimental to the proper and expeditious installation of the work. Starting the work shall imply acceptance of the surfaces and conditions to perform the work as specified. Verify, by measurements at the job site, dimensions affecting the work. Bring field dimensions which are at variance with those on the accepted shop drawings to the attention of the Owner. Obtain the decision regarding corrective measures before the start of fabrication of items affected. Cooperate in the coordination and scheduling of the work of this section with the work of other sections so as not to delay job progress. INSTALLATION / PROJECT PHASING A. Installation 1. 2. 3. 3.3 Install the equipment on the elevators, using skilled personnel in strict accordance with the final accepted shop drawings and other submittals. Comply with the code, manufacturer’s instructions and recommendations. Coordinate work with the work of other building functions for proper time and sequence to avoid delays and to ensure right-of-way of system. FIELD QUALITY CONTROL A. Inspection and Testing 1. 3.4 Upon completion of each work phase or individual elevator specified herein, the Contractor shall, at its own expense, arrange and assist with inspection and testing as may be required by the State and municipal governing authorities in order to secure a Certificate of Operation. DEMONSTRATION A. Acceptance Testing 1. 2. Comply with the requirements of Division 01. The Contractor shall provide at least five (5) days prior written notice to the Owner and Consultant regarding the exact date on which work specified in the Contract Documents will reach completion on any single unit of vertical transportation equipment. TRACTION ELEVATORS 14 21 00 - 16 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 3. 4. In addition to conducting whatever testing procedures may be required by local inspecting authorities in order to gain approval of the completed work, and before seeking approval of said work by the Owner, the Contractor shall perform certain other tests in the presence of the Consultant. The Contractor shall provide test instruments, test weights, and qualified field labor as required to safely operate the elevator under load conditions that vary from empty to full rated load and, in so doing, to successfully demonstrate compliance with applicable performance standards set forth in the project specifications with regard to: a. b. c. d. 5. The Contractor shall provide test instruments and qualified field labor as required to successfully demonstrate: a. b. 6. Sustained high-speed velocity of the elevator in either direction of travel. Brake-to-brake running time and floor-to-floor time between adjacent floors. Floor leveling accuracy. Communication system. Simulated and actual emergency power operation Firefighter service operations After hour tests of systems such as emergency generators, fire service, and security systems shall be conducted at no extra cost to the Owner. END OF SECTION 14 21 00 TRACTION ELEVATORS 14 21 00 - 17 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University SECTION 213900 - CONTROLLERS FOR FIRE-PUMP DRIVERS PART 1 - GENERAL 1.1 SUMMARY A. 1.2 Section Includes: 1. Full-service, full-voltage controllers rated 600 V and less to support existing 75-hp fire pump located in Basement Level Mechanical Room. DEFINITIONS A. ATS: Automatic transfer switch(es). B. ECM: Electronic control module. C. MCCB: Molded-case circuit breaker. D. N.O.: Normally open. 1.3 SUBMITTALS A. Product Data: For each type of product indicated. Include rated capacities, operating characteristics, electrical characteristics, and furnished specialties and accessories. B. Shop Drawings: For each type of product indicated. Include dimensioned plans, elevations, sections, details, and attachments to other work, including required clearances and service spaces around controller enclosures. 1. Show tabulations of the following: a. b. c. d. e. f. 2. 3. C. Each installed unit's type and details. Enclosure types and details for types other than NEMA 250, Type 2. Factory-installed devices. Nameplate legends. Short-circuit current (withstand) rating of integrated unit. Features, characteristics, ratings, and factory settings of individual overcurrent protective devices. Detail equipment assemblies and indicate dimensions, weights, loads, method of field assembly, components, and location and size of each field connection. Schematic and Connection Diagrams: For power, signal, alarm, and control wiring and for pressure-sensing tubing. Manufacturer's factory test reports of fully assembled and tested equipment. CONTROLLERS FOR FIRE-PUMP DRIVERS 213900 - 1 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University D. Operation and Maintenance Data: For each type of product indicated to include in emergency, operation, and maintenance manuals. In addition to items specified in Division 01 Section "Operation and Maintenance Data," include the following: 1. 2. 1.4 Manufacturer's written instructions for setting field-adjustable timers, controls, and status and alarm points. Manufacturer's written instructions for testing, adjusting, and reprogramming microprocessor-based logic controls. QUALITY ASSURANCE A. Source Limitations: Obtain fire-pump controllers and all associated equipment from single source or producer. B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. C. Comply with standards of authorities having jurisdiction pertaining to materials and installation. D. Comply with NFPA 20 and NFPA 70. 1.5 DELIVERY, STORAGE, AND HANDLING A. 1.6 Store controllers indoors in clean, dry space with uniform temperature to prevent condensation. Protect enclosed controllers from exposure to dirt, fumes, water, corrosive substances, and physical damage. PROJECT CONDITIONS A. Environmental Limitations: 1. 2. B. 1.7 Ambient Temperature Rating: Not less than 40 deg F (5 deg C) and not exceeding 122 deg F (50 deg C) unless otherwise indicated. Altitude Rating: Not exceeding 6600 feet (2010 m) unless otherwise indicated. Interruption of Existing Electric Service: Notify Owner no fewer than fifteen days in advance of proposed interruption of electric service, and comply with NFPA 70E. COORDINATION A. Coordinate layout and installation of controllers with other construction including conduit, piping, fire-pump equipment, and adjacent surfaces. Maintain required clearances for workspace and equipment access doors and panels. Ensure that controllers are within sight of fire-pump drivers. B. Coordinate sizes and locations of concrete bases with actual equipment provided. CONTROLLERS FOR FIRE-PUMP DRIVERS 213900 - 2 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1.8 EXTRA MATERIALS A. Furnish extra materials that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. 2. 3. 4. Indicating Lights: Two of each type and color of lens installed; two of each type and size of lamp installed. Auxiliary Contacts: One for each size and type of magnetic contactor installed. Power Contacts: Three for each size and type of magnetic contactor installed. Contactor Coils: One for each size and type of magnetic controller installed. PART 2 - PRODUCTS 2.1 FULL-SERVICE CONTROLLERS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. ASCO Power Technologies, LP; Firetrol Products. 2. Eaton Electrical Inc.; Cutler-Hammer Business Unit. B. General Requirements for Full-Service Controllers: 1. 2. 3. 4. C. Comply with NFPA 20 and UL 218. Listed by an NRTL for electric-motor driver for fire-pump service. Combined automatic and nonautomatic operation. Factory assembled, wired, and tested; continuous-duty rated. Method of Starting: 1. Pressure -switch actuated. a. b. c. d. 2. 3. Water-pressure-actuated switch and pressure transducer with independent highand low-calibrated adjustments responsive to water pressure in fire-suppression piping. System pressure recorder, electric ac driven, with spring backup. Programmable minimum-run-time relay to prevent short cycling. Programmable timer for weekly tests. Magnetic Controller: Across-the-line type. Emergency Start: Mechanically operated start handle that closes and retains the motor RUN contactor independent of all electric or pressure actuators. D. Method of Stopping: Nonautomatic. E. Capacity: Rated for fire-pump-driver horsepower and short-circuit-current (withstand) rating equal to or greater than short-circuit current available at controller location. F. Intended for use with an existing 75 hp electric fire pump operating at 480 Volt, 3 Phase. The existing nameplate for the fire pump indicates: CONTROLLERS FOR FIRE-PUMP DRIVERS 213900 - 3 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Frame 364TS RPM 3540 Type P Insulation Class B Identification Number P36G72C Volts 460 Amps 92 60 cycles S.F. 1.1 Design B Code F Duty- continuous AMB 40 degree C. Drive and Bearing 50BC02XPP3M Opposite Drive and Bearing 50BC02XPP3M 75 hp Manufacturer- Reliance Electric and Engineering Company… R Duty Master A-C motor. The existing jockey pump is supported by a Firetrol controller. The jockey pump is 3 hp, GrundFoss Pumps Corp. 480-volts, 3.9-amps. Information only. No work required. G. Method of Isolation and Overcurrent Protection: Interlocked isolating switch and nonthermal MCCB; with a common, externally mounted operating handle, and providing locked-rotor protection. H. Door-Mounted Operator Interface and Controls: 1. 2. Monitor, display, and control the devices, alarms, functions, and operations listed in NFPA 20 as required for drivers and controller types used. Method of Control and Indication: a. b. c. 3. Local and Remote Alarm and Status Indications: a. b. c. d. e. 4. 5. I. Microprocessor-based logic controller, with multiline digital readout. Membrane keypad. LED alarm and status indicating lights. Controller power on. Motor running condition. Loss-of-line power. Line-power phase reversal. Line-power single-phase condition. Audible alarm, with silence push button. Nonautomatic START and STOP push buttons or switches. Interface with building Fire Alarm Control Panel (FACP). Provide dry contacts as required to initiate signals to the existing Simplex Grinnell 4100U FACP for: 1. Fire pump running. 2. Fire pump loss of power (including dead phase). 3. Fire pump power phase reversal. CONTROLLERS FOR FIRE-PUMP DRIVERS 213900 - 4 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University J. Optional Features: 1. Operator Interface Communications Ports for service technician use: USB, Ethernet, and RS485. K. ATS: 1. 2. 3. 4. 5. 6. Complies with NFPA 20, UL 218, and UL 1008. Integral with controller as a listed combination fire-pump controller and power transfer switch. Automatically transfers fire-pump controller from normal power supply to alternate power supply in event of power failure. Allows manual transfer from one source to the other. Alternate-Source Isolating and Disconnecting Means: Mechanically interlocked isolation switch and circuit breaker rated at a minimum of 115 percent of rated motor full-load current, with an externally mounted operating handle; circuit breaker shall be provided with nonthermal sensing, instantaneous-only short-circuit overcurrent protection to comply with available fault currents. Local Alarm and Status Indications: a. b. c. d. e. 7. 8. 9. 10. 11. 2.2 Normal source available. Alternate source available. In normal position. In alternate position. Isolating means open. Audible alarm, with silence push button. Nonautomatic (manual, nonelectric) means of transfer. Engine test push button. Start generator output contacts. Timer for weekly generator tests. ENCLOSURES A. Fire-Pump Controllers and ATS: NEMA 250, to comply with environmental conditions at installed locations and NFPA 20. 1. Indoor Locations Subject to Dripping Noncorrosive Liquids: Type 2 (IEC IP11). B. Enclosure Color: Manufacturer's standard "fire-pump-controller red". C. Nameplates: Comply with NFPA 20; complete with capacity, characteristics, approvals, listings, and other pertinent data. D. Optional Features: 1. Floor stands, 12 inches (305 mm) high, for floor-mounted controllers. CONTROLLERS FOR FIRE-PUMP DRIVERS 213900 - 5 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 2.3 SOURCE QUALITY CONTROL A. Testing: Test and inspect fire-pump controllers according to requirements in NFPA 20 and UL 218. 1. Verification of Performance: Rate controllers according to operation of functions and features specified. B. Fire-pump controllers will be considered defective if they do not pass tests and inspections. C. Prepare test and inspection reports. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas and surfaces to receive equipment, with Installer present, for compliance with requirements and other conditions affecting performance. B. Examine equipment before installation. Reject equipment that is wet or damaged by moisture or mold. C. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 CONTROLLER INSTALLATION A. Install controllers within sight of their respective drivers. B. Connect controllers to their dedicated pressure-sensing lines. C. Floor-Mounting Controllers: Install controllers on 4-inch (100-mm) nominal-thickness concrete bases, using floor stands high enough so that the bottom of enclosure cabinet is not less than 12 inches (305 mm) above finished floor. 1. 2. 3. 4. Install dowel rods to connect concrete base to concrete floor. Unless otherwise indicated, install dowel rods on 18-inch (450-mm) centers around the full perimeter of concrete base. For supported equipment, install epoxy-coated anchor bolts that extend through concrete base, and anchor into structural concrete floor. Place and secure anchorage devices. Use setting drawings, templates, diagrams, instructions, and directions furnished with items to be embedded. Install anchor bolts to elevations required for proper attachment to supported equipment. D. Temporary Lifting Provisions: Remove temporary lifting eyes, channels, and brackets and temporary blocking of moving parts from enclosures and components. E. Comply with NEMA ICS 15. CONTROLLERS FOR FIRE-PUMP DRIVERS 213900 - 6 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 3.3 POWER WIRING INSTALLATION A. 3.4 Install power wiring between controllers and their services or sources, and between controllers and their drivers. Comply with requirements in NFPA 20, NFPA 70, and Division 26 Section "Low-Voltage Electrical Power Conductors and Cables." CONTROL AND ALARM WIRING INSTALLATION A. Install wiring between controllers and remote devices. Comply with requirements in NFPA 20 and NFPA 70. B. Install wiring between controllers and the building's fire-alarm system. C. Bundle, train, and support wiring in enclosures. D. Connect remote manual and automatic activation devices where applicable. 3.5 IDENTIFICATION A. Comply with requirements in NFPA 20 for marking fire-pump controllers. B. Identify system components, wiring, cabling, and terminals. Comply with requirements for identification in NFPA 20 and as specified in Division 26 Section "Identification for Electrical Systems." 3.6 FIELD QUALITY CONTROL A. Perform tests and inspections. 1. B. Manufacturer's Field Service: Engage a factory-authorized service representative to inspect components, assemblies, and equipment installations, including connections, and to assist in testing. Acceptance Testing Preparation: 1. Inspect and Test Each Component: a. b. c. 2. Inspect wiring, components, connections, and equipment installations. Test and adjust components and equipment. Test insulation resistance for each element, component, connecting supply, feeder, and control circuits. Test continuity of each circuit. Verify and Test Each Electric-Driver Controller: a. b. Verify that voltages at controller locations are within plus 10 or minus 1 percent of motor nameplate rated voltages, with motors off. If outside this range for any motor, notify Owner before starting the motor(s). Test each motor for proper phase rotation. CONTROLLERS FOR FIRE-PUMP DRIVERS 213900 - 7 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 3. 4. C. Operational Test: After electrical circuitry has been energized, start units to confirm proper unit operation. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment. Field Acceptance Tests: 1. 2. 3. 4. Do not begin field acceptance testing until suction piping has been flushed and hydrostatically tested and the certificate for flushing and testing has been submitted to Owner and authorities having jurisdiction. Prior to starting, notify authorities having jurisdiction of the time and place of the acceptance testing. Engage manufacturer's factory-authorized service representative to be present during the testing. Perform field acceptance tests as outlined in NFPA 20. D. Controllers will be considered defective if they do not pass tests and inspections. E. Prepare test and inspection reports. 3.7 STARTUP SERVICE A. Perform startup service. 1. 3.8 Complete installation and startup checks according to manufacturer's written instructions. ADJUSTING A. Adjust controllers to function smoothly and as recommended by manufacturer. B. Set field-adjustable switches, auxiliary relays, time-delay relays, and timers. C. Program microprocessors for required operational sequences, status indications, alarms, event recording, and display features. Clear events memory after final acceptance testing and prior to Substantial Completion. D. Set field-adjustable pressure switches. 3.9 PROTECTION 3.10 DEMONSTRATION A. Train Owner's maintenance personnel to adjust, operate, and maintain controllers, and to use and reprogram microprocessor-based controls within this equipment. END OF SECTION 213900 CONTROLLERS FOR FIRE-PUMP DRIVERS 213900 - 8 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University SECTION 260010 - BASIC ELECTRICAL REQUIREMENTS PART 1 - GENERAL 1.1 1.2 DESCRIPTION AND DEFINITIONS A. This division of the Specifications, Division 26, covers the complete electrical systems as indicated on the drawings or as specified herein. Provide all equipment, materials, labor, and supervision to install electrical systems. The requirements of this Section apply to all electrical work hereinafter described. The General and Special Conditions are considered a part of this Division of the Specifications and all provisions contained therein which affect this work are as binding as though incorporated herein. B. The following words and phrases shall be interpreted as indicated: 1. "approved": approved or accepted by Governing Officials or Authorities Having jurisdiction 2. "materials": equipment and/or materials 3. "or equal/or equivalent": an equivalent with respect to appearance or function as determined by the Engineer/Engineer; submittal approval may be required - refer to individual specification sections 4. "provide": furnish, install, connect, and test the operation thereof 5. "work": materials provided - see above definitions 6. "wiring": conductors/cabling and raceway system, including fittings, boxes, connectors, supports, hardware, labeling, and related accessories 7. “replace”: remove existing equipment, properly dispose of and “provide” new equipment QUALITY ASSURANCE A. B. C. Electrical work on this project must be performed by a contractor possessing a State of Georgia Unrestricted Electricians License. All electrical work shall be in accordance with the following codes and agency standards: 1. The National Electrical Code (NFPA 70), 2011 Edition. 2. The National Electrical Safety Code (ANSI C-2). 3. The Life Safety Code (NFPA 101), 2000 Edition with Georgia Amendments (2010). 4. International Building Code (IBC), 2006 Edition with Georgia Amendments (2010). 5. International Fire Code, 2006 Edition with Georgia Amendments (2010). 6. Occupation Safety and Health Administration (OSHA). 7. Accessibility Codes: Americans with Disabilities Act Guidelines (ADA), and ANSI A117.1. (2010). Material Standards: All material shall conform to the standards where such standards have been established for the particular material indicated. Publications and standards of the organizations listed below are applicable to materials specified herein. 1. American National Standards Institute (ANSI) 2. Insulated Cable Engineers Association (ICEA) BASIC ELECTRICAL REQUIREMENTS 260010 - 1 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 3. 4. 5. 6. D. 1.3 Obtain all permits and inspections for the installation of this work and pay all charges incident thereto. Deliver to the Owner all certificates of said inspection issued by authorities having jurisdiction. WARRANTY A. 1.6 All materials shall comply with all applicable national standards. Materials shall be UL listed and labeled where UL listing is established for any specific product. PERMITS A. 1.5 Listing and Labeling: Provide equipment assemblies that are listed and labeled. 1. The terms "listed" and "labeled": As defined in the National Electrical Code, Article 100. 2. Listing and Labeling Agency Qualifications: A "Nationally Recognized Testing Laboratory" (NRTL) as defined in OSHA Regulation 1910.7. MATERIALS A. 1.4 Institute of Electrical and Electronic Engineers (IEEE) National Electrical Manufacturers Association (NEMA) National Fire Protection Association (NFPA) Underwriters' Laboratories, Inc. (UL) The Contractor warrants to the Owner and Engineer that materials and equipment furnished under this Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Engineer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Refer to Division 1 for other warranty requirements. PROJECT DOCUMENTS A. Keep on hand at the project site a complete set of all project drawings and specifications. Refer to these documents as necessary; coordinate and install all work accordingly so that all electrical equipment will be properly located and accessible. B. The drawings are diagrammatic and are intended to indicate the arrangements of electrical equipment. Do not scale drawings. Coordinate installation of electrical equipment with existing structural system and mechanical equipment and access thereto. Coordinate installation of electrical equipment with ductwork and piping, and wall thickness. Verify construction dimensions at the site and make changes necessary to conform to the building as constructed. Work improperly installed due to lack of construction verification shall be corrected at no additional cost to the Owner. BASIC ELECTRICAL REQUIREMENTS 260010 - 2 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University C. 1.7 1.8 SUBMITTALS A. Shop Drawings and Product Data: 1. Submit for review by the Engineer data for materials and equipment to be used on the project. Submittals shall be supported by descriptive material, catalog cuts, diagrams, and performance charts published by the manufacturer to show conformance to specification and drawing requirements. Model numbers alone will not be acceptable. Provide documentation of complete electrical characteristics for all equipment. 2. Refer to the individual sections for indication of equipment for which submittals are required. B. Record Documents: Provide record documents illustrating all field changes, as-built drawings, and related submittals. SITE INVESTIGATION A. 1.9 Prior to submitting bids for the project, visit the site of the work to become aware of existing conditions which may affect the cost of the project. SCHEDULING OF OUTAGES OF EXISTING SERVICES A. 1.10 Bring all discrepancies shown on different drawings, between drawings and specifications or between documents and field conditions to the immediate attention of the Engineer. Outage work affecting portions of the building(s) shall be scheduled after hours and on weekends and holidays. Such outages shall be requested in writing by the contractor and are subject to the approval of the office of GSU Facilities Management Services. Requests shall be submitted at least fifteen days prior to the start of the proposed outage. RENOVATION AND DEMOLITION WORK A. Where work under this project requires extension, relocation, reconnections or modifications to existing equipment or systems, the existing equipment or systems shall be restored to their original condition, with the exception of the work under this Contract, before the completion of this project. Work involves necessary interface with, and refit of, the existing installation, and the installation of new materials to provide finished work as indicated. Whether or not shown by the plans, existing materials serving renovation spaces, or routed through the renovation spaces, but not involved in the renovation work, and not otherwise specified or indicated by the plans for removal, shall be retained without change. Work shall be provided as necessary to tie-in the new installation with the existing installation, and to adapt the existing installation to systems or building changes. B. The ratings, location and usage of any existing material or circuit indicated or otherwise involved in the work shall be field verified. C. Before using or adding to any existing electrical circuit, verify the existing circuit capacity, and do not make any connection that would overload any circuit or improperly BASIC ELECTRICAL REQUIREMENTS 260010 - 3 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University use any existing circuit. Before removing any existing circuit, check all connected loads to assure that there are no unknown existing loads that should remain connected - do not remove any existing circuit where existing loads to remain would be permanently disconnected. D. Exposed wiring rendered useless due to changes in the building shall be removed. Concealed wiring and controls exposed by the removal of walls, partitions, etc., shall be removed or relocated and reconnected as necessary or as indicated. E. Existing materials that are not reused shall be removed where possible without interfering with other material, unless otherwise specified or indicated to be abandoned in place. Where abandoned in place, wiring or other material shall be disconnected and secured so as not to be mistaken for active material or to contribute to a potentially unsafe condition. F. Materials to be relocated or salvaged shall be disconnected and demounted without damage. Demounted materials shall be stored at the job site under the best conditions practical. Materials to remain in place while work is in progress shall be disconnected if necessary to function or for safety, and protected by appropriate means. G. Existing materials may be reused unless otherwise stated or specified. Existing material that is removed and not identified for salvage or reuse shall become the property of the Contractor and shall be removed from the premises. H. Where systems are added to, new material shall be of the same type, style and manufacture as the existing system material, where available. I. Electrical cable or conductors damaged or removed from raceways shall not be reused. J. Work shall be performed within the access, proprietary, security, and housekeeping conditions specified herein, by other Divisions or Sections of the specifications, in the General Conditions, Special Conditions, Instructions to Bidders, or by Owner's criteria. K. Notify the Owner's representative of any nonfunctioning material or potentially unsafe condition within the existing systems that is observed during the conduct of the work. PART 2 - PRODUCTS 2.1 MATERIALS A. Furnish all materials specified herein or indicated on the drawings. All materials shall be new, unless otherwise indicated. B. Where Underwriters' Laboratories (UL) testing standards and listings exist for an item of material or equipment, the listed material shall bear the UL label. BASIC ELECTRICAL REQUIREMENTS 260010 - 4 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University PART 3 - EXECUTION 3.1 INSTALLATION A. 3.2 TRAINING / DEMONSTARTION A. 3.3 3.4 3.5 The physical execution of electrical work shall comply with applicable NECA National Electrical Installation Standards. Provide training by a manufacturer's authorized service technician for engine-generator set, transfer switches and fire pump controller. The contractor shall provide an orientation session for the Owner's personnel in which all aspects of the electrical system are addressed. PRODUCT DELIVERY, STORAGE, HANDLING, AND PROTECTION A. Inspect materials upon arrival at site and verify conformance with project requirements. Prevent unloading of unsatisfactory material. Handle materials in accordance with applicable standards and recommendations, and in a manner to prevent damage to materials. Store packaged materials in original undamaged condition with manufacturer's labels and seals intact. Containers which are broken, opened, damaged, or watermarked are unacceptable and shall be removed from the premises and replaced. B. All material, except items specifically designed to be installed outdoors, shall be stored in an enclosed, dry building or trailer. Areas for general storage shall be provided. Provide temperature and/or humidity control where necessary. All material for interior installation, including conductors, shall be stored in an enclosed weather tight structure and shall be protected from water, direct sunlight, cold or heat. Equipment stored other than as specified above shall be removed from the premises and replaced. CLEANING, PAINTING, AND IDENTIFICATION A. Remove oil, dirt, grease and foreign materials from all raceways, boxes, panelboard trims and cabinets to provide a clean surface for painting. Touch-up scratched or marred surfaces of lighting fixtures, panelboard and cabinet trims, or other equipment enclosures with paint furnished by the equipment manufacturer specifically for that purpose. B. Where painting of trim covers for flush mounted panelboards, communication equipment cabinets, pull boxes, junction boxes, and control cabinets is required under this or any other Division of these specifications, remove trim covers before painting. Do not paint locks, latches, hinges, or exposed trim clamps. C. Identify electrical components where required in the individual specification sections. OPERATION AND MAINTENANCE MANUALS AND INSTRUCTIONS A. Provide printed material for binding in operation and maintenance manuals. Include electrical equipment shop drawings as a minimum, and other information as necessary. Refer to Division 1 for additional information on submittal requirements. BASIC ELECTRICAL REQUIREMENTS 260010 - 5 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University B. 3.6 Instructions of Owner Personnel: 1. Before final project review, as designated by the Engineer, provide a competent representative to instruct Owner's designated personnel in systems indicated. 2. Use Operation and Maintenance Manuals as basis of instruction. Review contents with personnel in detail to explain all aspects of operation and maintenance. 3. Prepare and insert additional data in Operation and Maintenance Manuals when the need for such data becomes apparent during instruction. CONSTRUCTION OBSERVATION ASSISTANCE A. Provide personnel to assist the Engineer or his representative during all construction observation visits. Provide tools and equipment as required to demonstrate the system operation and provide access to equipment, including screwdrivers, wrenches, ladders, flashlights, circuit testing devices, meters, keys, etc. B. Remove panelboard trims, motor controls covers, device plates, junction box covers, etc. as directed for inspection of internal wiring. Turn over to the Owner one set of keys for all lockable electrical equipment on the project. Accessible ceilings shall be removed as directed for inspection of equipment installed above ceilings. C. Energize and de-energize circuits and equipment as directed. Demonstrate operation of equipment and systems as directed. D. Provide authorized representatives of the manufacturers to demonstrate to the Engineer compliance with the Contract Documents at a time designated by the Engineer. END OF SECTION 260010 BASIC ELECTRICAL REQUIREMENTS 260010 - 6 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University SECTION 260501 - CUTTING AND PATCHING PART 1 - GENERAL 1.1 SUMMARY A. 1.2 This Section includes procedural requirements for cutting and patching. DEFINITIONS A. Cutting: Removal of in-place construction necessary to permit installation or performance of other Work. B. Patching: Fitting and repair work required to restore surfaces to original conditions after installation of other Work. 1.3 SUBMITTALS A. Cutting and Patching Proposal: Submit a proposal describing procedures at least 10 days before the time cutting and patching will be performed, requesting approval to proceed. Include the following information: 1. 2. 3. 4. 5. 6. 7. 1.4 Extent: Describe cutting and patching, show how they will be performed, and indicate why they cannot be avoided. Changes to In-Place Construction: Describe anticipated results. Include changes to structural elements and operating components as well as changes in building's appearance and other significant visual elements. Products: List products to be used and firms or entities that will perform the Work. Dates: Indicate when cutting and patching will be performed. Utility Services and Mechanical/Electrical Systems: List services/systems that cutting and patching procedures will disturb or affect. List services/systems that will be relocated and those that will be temporarily out of service. Indicate how long services/systems will be disrupted. Structural Elements: Where cutting and patching involve adding reinforcement to structural elements, submit details and engineering calculations showing integration of reinforcement with original structure. Engineer's Approval: Obtain approval of cutting and patching proposal before cutting and patching. Approval does not waive right to later require removal and replacement of unsatisfactory work. QUALITY ASSURANCE A. Structural Elements: Do not cut and patch structural elements in a manner that could change their load-carrying capacity or load-deflection ratio. CUTTING AND PATCHING 260501 - 1 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University B. Operational Elements: Do not cut and patch operating elements and related components in a manner that results in reducing their capacity to perform as intended or that result in increased maintenance or decreased operational life or safety. Operating elements include, but are not limited to, the following: 1. Air or smoke barriers. 2. Fire-suppression systems. 3. Mechanical systems piping and ducts. 4. Control systems. 5. Communication systems. 6. Conveying systems. 7. Electrical wiring systems. C. Miscellaneous Elements: in a manner that could capacity to perform as operational life or safety. 1. 2. 3. 4. 5. 6. Do not cut and patch miscellaneous elements or related components change their load-carrying capacity, that results in reducing their intended, or those results in increased maintenance or decreased Miscellaneous elements include, but are not limited to, the following: Water, moisture, or vapor barriers. Membranes and flashings. Exterior curtain-wall construction. Equipment supports. Piping, ductwork, vessels, and equipment. Noise- and vibration-control elements and systems. D. Visual Requirements: Do not cut and patch construction in a manner that results in visual evidence of cutting and patching. Do not cut and patch construction exposed on the exterior or in occupied spaces in a manner that would, in Engineer's opinion, reduce the building's aesthetic qualities. Remove and replace construction that has been cut and patched in a visually unsatisfactory manner. E. Cutting and Patching Conference: Before proceeding, meet at Project site with Owner and/or Engineer. Review areas of potential interference and conflict. Coordinate procedures and resolve potential conflicts before proceeding. 1.5 WARRANTY A. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during cutting and patching operations, by methods and with materials so as not to void existing warranties. PART 2 - PRODUCTS 2.1 MATERIALS A. General: Comply with requirements specified in other Sections. B. In-Place Materials: Use materials identical to in-place materials. For exposed surfaces, use materials that visually match in-place adjacent surfaces to the fullest extent possible. CUTTING AND PATCHING 260501 - 2 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1. If identical materials are unavailable or cannot be used, use materials that, when installed, will match the visual and functional performance of in-place materials. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine surfaces to be cut and patched and conditions under which cutting and patching are to be performed. 1. 2. 3. 3.2 Compatibility: Before patching, verify compatibility with and suitability of substrates, including compatibility with in-place finishes or primers. Proceed with installation only after unsafe or unsatisfactory conditions have been corrected. Contact Utility Locator Services prior to any underground work. Utility Locator Services shall be complete before any work proceeds. PREPARATION A. Temporary Support: Provide temporary support of Work to be cut. B. Protection: Protect in-place construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of Project that might be exposed during cutting and patching operations. C. Adjoining Areas: Avoid interference with use of adjoining areas or interruption of free passage to adjoining areas. D. Existing Utility Services and Mechanical/Electrical Systems: Where existing services/systems are required to be removed, relocated, or abandoned, bypass such services/systems before cutting to prevent interruption to occupied areas. 3.3 PERFORMANCE A. General: Employ skilled workers to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time, and complete without delay. 1. B. Cut in-place construction to provide for installation of other components or performance of other construction, and subsequently patch as required to restore surfaces to their original condition. Cutting: Cut in-place construction by sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation, using methods least likely to damage elements retained or adjoining construction. If possible, review proposed procedures with original Installer; comply with original Installer's written recommendations. CUTTING AND PATCHING 260501 - 3 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1. 2. 3. 4. 5. C. In general, use hand or small power tools designed for sawing and grinding, not hammering and chopping. Cut holes and slots as small as possible, neatly to size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. Finished Surfaces: Cut or drill from the exposed or finished side into concealed surfaces. Concrete and or Masonry: Cut using a cutting machine, such as an abrasive saw or a diamond-core drill. Excavating and Backfilling: Backfill material shall be compacted to 95 percent standard proctor to a level two feet below finished slab or surface and shall be compacted to 98 percent standard proctor from 2 feet below finished slab or surface to the underside of finished slab or surface. Proceed with patching after construction operations requiring cutting are complete. Patching: Patch construction by filling, repairing, refinishing, closing up, and similar operations following performance of other Work. Patch with durable seams that are as invisible as possible. Provide materials and comply with installation requirements specified in other Sections. 1. 2. Inspection: Where feasible, test and inspect patched areas after completion to demonstrate integrity of installation. Exposed Finishes: Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will eliminate evidence of patching and refinishing. a. b. 3. Floors and Walls: Where walls or partitions that are removed extend one finished area into another, patch and repair floor and wall surfaces in the new space. Provide an even surface of uniform finish, color, texture, and appearance. Remove in-place floor and wall coverings and replace with new materials, if necessary, to achieve uniform color and appearance. a. 4. 5. D. Clean piping, conduit, and similar features before applying paint or other finishing materials. Restore damaged pipe covering to its original condition. Where patching occurs in a painted surface, apply primer and intermediate paint coats over the patch and apply final paint coat over entire unbroken surface containing the patch. Provide additional coats until patch blends with adjacent surfaces. Ceilings: Patch, repair, or rehang in-place ceilings as necessary to provide an even-plane surface of uniform appearance. Exterior Building Enclosure: Patch components in a manner that restores enclosure to a weathertight condition. Cleaning: Clean areas and spaces where cutting and patching are performed. Completely remove paint, mortar, oils, putty, and similar materials. END OF SECTION 260501 CUTTING AND PATCHING 260501 - 4 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University SECTION 260519 - LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. 2. 1.2 Building wires and cables rated 600 V and less. Connectors, splices, and terminations rated 600 V and less. ACTION SUBMITTALS A. Product Data: For each type of product. PART 2 - PRODUCTS 2.1 CONDUCTORS AND CABLES A. Manufacturers: Subject to compliance with requirements, provide products by the following: 1. Alpha Wire. 2. Belden Inc. 3. Encore Wire Corporation. 4. General Cable Technologies Corporation. 5. Southwire Incorporated. 6. Draka USA (RHH/RHW-2). B. Copper Conductors: Comply with NEMA WC 70/ICEA S-95-658. C. Conductor Insulation: Comply with NEMA WC 70/ICEA S-95-658 for Type THHN-2THWN-2, Type XHHW-2 and Type RHH/RHW-2. D. Multiconductor Cable: Comply with NEMA WC 70/ICEA S-95-658 for metal-clad cable, Type MC with ground wire. 2.2 CONNECTORS AND SPLICES A. Manufacturers: Subject to compliance with requirements, provide products by the following: 1. 2. 3. 4. 5. 6. AFC Cable Systems, Inc. Gardner Bender. Hubbell Power Systems, Inc. Ideal Industries, Inc. Ilsco; a branch of Bardes Corporation. NSi Industries LLC. LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 260519 - 1 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 7. 8. 9. B. 2.3 O-Z/Gedney; a brand of the EGS Electrical Group. 3M; Electrical Markets Division. Tyco Electronics. Description: Factory-fabricated connectors and splices of size, ampacity rating, material, type, and class for application and service indicated. SYSTEM DESCRIPTION A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. Comply with NFPA 70. PART 3 - EXECUTION 3.1 CONDUCTOR MATERIAL APPLICATIONS A. Feeders: Copper. Solid for No. 10 AWG and smaller; stranded for No. 8 AWG and larger. B. Branch Circuits: Copper. Solid for No. 10 AWG and smaller; stranded for No. 8 AWG and larger. 3.2 CONDUCTOR INSULATION AND MULTICONDUCTOR CABLE APPLICATIONS AND WIRING METHODS A. Exposed Feeders: Type XHHW-2, single conductors in raceway. B. Feeders Concealed in Ceilings, Walls, Partitions, and Crawlspaces: Type THHN-2-THWN-2, single conductors in raceway. C. Exposed Branch Circuits, Including in Parking Areas: conductors in raceway. D. Branch Circuits Concealed in Ceilings, Walls, and Partitions: Type THHN-2-THWN-2, single conductors in raceway. E. Fire Pump Feeders: Type RHH/RHW-2 for 90 degree C and UL Classified for 2-hour fire rating per UL 2196- “Standard for Tests for Fire Resistive Cables”. Conform to Electrical Circuit Protective System (FHIT) #25 of the UL Fire Resistance Directory. Install in metallic raceway with supports 5’ on center or less in accordance with manufacturer’s recommendations. No splicing. F. Generator Control Circuits: Type RHH/RHW-2 for 90 degree C and UL Classified for 1-hour fire rating per UL 2196- “Standard for Tests for Fire Resistive Cables”. Conform to Electrical Circuit Protective System (FHIT) #25 of the UL Fire Resistance Directory. Install in metallic raceway with supports 5’ on center or less in accordance with manufacturer’s recommendations. No splicing. Type THHN-2-THWN-2, single LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 260519 - 2 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 3.3 INSTALLATION OF CONDUCTORS AND CABLES A. Conceal cables in finished walls, ceilings, and floors unless otherwise indicated. B. Complete raceway installation between conductor and cable termination points according to Section 260533 "Raceways and Boxes for Electrical Systems" prior to pulling conductors and cables. C. Use manufacturer-approved pulling compound or lubricant where necessary; compound used must not deteriorate conductor or insulation. Do not exceed manufacturer's recommended maximum pulling tensions and sidewall pressure values. D. Use pulling means, including fish tape, cable, rope, and basket-weave wire/cable grips, that will not damage cables or raceway. E. Install exposed cables parallel and perpendicular to surfaces of exposed structural members, and follow surface contours where possible. F. Support cables according to Section 260529 "Hangers and Supports for Electrical Systems." G. Do not splice conductors, supporting the elevator equipment, within the elevator hoistway. 3.4 CONNECTIONS A. Tighten electrical connectors and terminals according to manufacturer's published torquetightening values. If manufacturer's torque values are not indicated, use those specified in UL 486A-486B. B. Make splices, terminations, and taps that are compatible with conductor material and that possess equivalent or better mechanical strength and insulation ratings than unspliced conductors. C. Wiring at Outlets: Install conductor at each outlet, with at least 6 inches (150 mm) of slack. 3.5 IDENTIFICATION A. Identify and color-code conductors and cables according to Section 260553 "Identification for Electrical Systems." B. Identify each spare conductor at each end with identity number and location of other end of conductor, and identify as spare conductor. 3.6 SLEEVE AND SLEEVE-SEAL INSTALLATION FOR ELECTRICAL PENETRATIONS A. Install sleeves and sleeve seals at penetrations of exterior floor and wall assemblies. Comply with requirements in Section 260544 "Sleeves and Sleeve Seals for Electrical Raceways and Cabling." LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 260519 - 3 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 3.7 FIRESTOPPING A. 3.8 Apply firestopping to electrical penetrations of fire-rated floor and wall assemblies to restore original fire-resistance rating of assembly according to Section 078413 "Penetration Firestopping." FIELD QUALITY CONTROL A. Perform the following tests and inspections: 1. After installing conductors and cables and before electrical circuitry has been energized, test feeder conductors and conductors feeding the following critical equipment and services for compliance with requirements. a. b. c. 2. 3. Perform each visual and mechanical inspection and electrical test stated in NETA Acceptance Testing Specification. Certify compliance with test parameters. Infrared Scanning: After Substantial Completion, but not more than 60 days after Final Acceptance, perform an infrared scan of each splice in conductors No. 3 AWG and larger. Remove box and equipment covers so splices are accessible to portable scanner. Correct deficiencies determined during the scan. a. b. c. B. Follow-up Infrared Scanning: Perform an additional follow-up infrared scan of each splice 11 months after date of Substantial Completion. Instrument: Use an infrared scanning device designed to measure temperature or to detect significant deviations from normal values. Provide calibration record for device. Record of Infrared Scanning: Prepare a certified report that identifies splices checked and that describes scanning results. Include notation of deficiencies detected, remedial action taken, and observations after remedial action. Test and Inspection Reports: Prepare a written report to record the following: 1. 2. 3. C. Emergency Power Supply System. Elevator distribution panelboard and respective feeders to elevator controllers. Electric Fire Pump Service. Procedures used. Results that comply with requirements. Results that do not comply with requirements and corrective action taken to achieve compliance with requirements. Cables will be considered defective if they do not pass tests and inspections. END OF SECTION 260519 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 260519 - 4 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University SECTION 260526 - GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 SUMMARY A. 1.2 Section includes grounding and bonding systems and equipment. ACTION SUBMITTALS A. 1.3 Product Data: For each type of product indicated. INFORMATIONAL SUBMITTALS A. 1.4 As-Built Data: Plans showing dimensioned as-built locations of grounding features specified in "Field Quality Control" Article, including the following: 1. Ground rods. 2. Grounding arrangements and connections for separately derived systems. CLOSEOUT SUBMITTALS A. Operation and Maintenance Data: For grounding to include in emergency, operation, and maintenance manuals. 1. In addition to items specified in Section 017823 "Operation and Maintenance Data," include the following: a. Instructions for periodic testing and inspection of grounding features at grounding connections for separately derived systems based on NFPA 70B . 1) 2) 1.5 Tests shall determine if ground-resistance or impedance values remain within specified maximums, and instructions shall recommend corrective action if values do not. Include recommended testing intervals. QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. Comply with UL 467 for grounding and bonding materials and equipment. GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526 - 1 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 2.2 Burndy; Part of Hubbell Electrical Systems. Dossert; AFL Telecommunications LLC. ERICO International Corporation. Fushi Copperweld Inc. Galvan Industries, Inc.; Electrical Products Division, LLC. Harger Lightning and Grounding. ILSCO. O-Z/Gedney; A Brand of the EGS Electrical Group. Robbins Lightning, Inc. Siemens Power Transmission & Distribution, Inc. SYSTEM DESCRIPTION A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. Comply with UL 467 for grounding and bonding materials and equipment. 2.3 CONDUCTORS A. Insulated Conductors: Copper wire or cable insulated for 600 V unless otherwise required by applicable Code or authorities having jurisdiction. B. Bare Copper Conductors: 1. 2. 3. C. 2.4 Solid Conductors: ASTM B 3. Stranded Conductors: ASTM B 8. Bonding Jumper: Copper tape, braided conductors terminated with copper ferrules; 1-5/8 inches (41 mm) wide and 1/16 inch (1.6 mm) thick. Grounding Bus: Predrilled rectangular bars of annealed copper, 1/4 by 4 inches (6.3 by 100 mm) in cross section, with 9/32-inch (7.14-mm) holes spaced 1-1/8 inches (28 mm) apart. Stand-off insulators for mounting shall comply with UL 891 for use in switchboards, 600 V and shall be Lexan or PVC, impulse tested at 5000 V. CONNECTORS A. Listed and labeled by an NRTL acceptable to authorities having jurisdiction for applications in which used and for specific types, sizes, and combinations of conductors and other items connected. GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526 - 2 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University B. Bolted Connectors for Conductors and Pipes: Copper or copper alloy. C. Welded Connectors: Exothermic-welding kits of types recommended by kit manufacturer for materials being joined and installation conditions. D. Bus-Bar Connectors: Mechanical type, cast silicon bronze, solderless compression type wire terminals, and long-barrel, two-bolt connection to ground bus bar. 2.5 GROUNDING ELECTRODES A. Ground Rods: Copper-clad steel, 3/4 inch by 10 feet (19 mm by 3 m). PART 3 - EXECUTION 3.1 APPLICATIONS A. Conductors: Install solid conductor for No. 8 AWG and smaller, and stranded conductors for No. 6 AWG and larger unless otherwise indicated. B. Underground Grounding Conductors: minimum. 1. C. Install bus horizontally, on insulated spacers 2 inches (50 mm) minimum from wall, 6 inches (150 mm) above finished floor unless otherwise indicated. Conductor Terminations and Connections: 1. 2. 3. 3.2 Bury at least 24 inches (600 mm) below grade. Grounding Bus: Install in electrical equipment rooms, in rooms housing service equipment, and elsewhere as indicated. 1. D. Install bare tinned-copper conductor, No. 2/0 AWG Pipe and Equipment Grounding Conductor Terminations: Bolted connectors. Underground Connections: Welded connectors. Connections to Structural Steel: Welded connectors. GROUNDING SEPARATELY DERIVED SYSTEMS A. 3.3 Generator: Install grounding electrode(s) at the generator location. The electrode shall be connected to the equipment grounding conductor and to the frame of the generator. EQUIPMENT GROUNDING A. Install insulated equipment grounding conductors with all feeders and branch circuits. B. Install insulated equipment grounding conductors with the following items, in addition to those required by NFPA 70: GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526 - 3 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1. 2. 3. 4. 5. 6. 7. C. Metallic Fences: Comply with requirements of IEEE C2. 1. 2. 3.4 Feeders and branch circuits. Lighting circuits. Receptacle circuits. Single-phase motor and appliance branch circuits. Three-phase motor and appliance branch circuits. Flexible raceway runs. Metal-clad cable runs. Grounding Conductor: Bare, tinned copper, not less than No. 8 AWG. Gates: Shall be bonded to the grounding conductor with a flexible bonding jumper. INSTALLATION A. Grounding Conductors: Route along shortest and straightest paths possible unless otherwise indicated or required by Code. Avoid obstructing access or placing conductors where they may be subjected to strain, impact, or damage. B. Ground Rods: Drive rods until tops are 2 inches (50 mm) below finished floor or final grade unless otherwise indicated. 1. C. Bonding Straps and Jumpers: Install in locations accessible for inspection and maintenance except where routed through short lengths of conduit. 1. 2. 3. D. Bonding to Structure: Bond straps directly to basic structure, taking care not to penetrate any adjacent parts. Bonding to Equipment Mounted on Vibration Isolation Hangers and Supports: Install bonding so vibration is not transmitted to rigidly mounted equipment. Use exothermic-welded connectors for outdoor locations; if a disconnect-type connection is required, use a bolted clamp. Grounding and Bonding for Piping: 1. 3.5 Interconnect ground rods with grounding electrode conductor below grade and as otherwise indicated. Make connections without exposing steel or damaging coating if any. Metal Water Pipe: Install insulated copper grounding conductors, in conduit.. Use a bolted clamp connector or bolt a lug-type connector to a pipe flange by using one of the lug bolts of the flange FIELD QUALITY CONTROL A. Perform tests and inspections. B. Tests and Inspections: 1. After installing grounding system but before permanent electrical circuits have been energized, test for compliance with requirements. GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526 - 4 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 2. Inspect physical and mechanical condition. Verify tightness of accessible, bolted, electrical connections with a calibrated torque wrench according to manufacturer's written instructions. C. Grounding system will be considered defective if it does not pass tests and inspections. D. Prepare test and inspection reports. E. Report measured ground resistances that exceed the following values: 1. F. Power and Lighting Equipment or System with Capacity of 500 kVA and Less: 10 ohms. Excessive Ground Resistance: If resistance to ground exceeds specified values, notify Engineer promptly and include recommendations to reduce ground resistance. END OF SECTION 260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526 - 5 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University SECTION 260529 - HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. 1.2 Hangers and supports for electrical equipment and systems. DEFINITIONS A. EMT: Electrical metallic tubing. B. IMC: Intermediate metal conduit. C. RMC: Rigid metal conduit. 1.3 PERFORMANCE REQUIREMENTS A. Design equipment supports capable of supporting combined operating weight of supported equipment and connected systems and components. B. Rated Strength: Adequate in tension, shear, and pullout force to resist maximum loads calculated or imposed for this Project, with a minimum structural safety factor of five times the applied force. 1.4 QUALITY ASSURANCE A. Welding: Qualify procedures and personnel according to AWS D1.1/D1.1M, "Structural Welding Code - Steel." B. Comply with NFPA 70. PART 2 - PRODUCTS 2.1 SUPPORT, ANCHORAGE, AND ATTACHMENT COMPONENTS A. Steel Slotted Support Systems: Comply with MFMA-4, factory-fabricated components for field assembly. 1. Manufacturers: Subject to compliance with requirements, provide products by one of the following: HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 260529 - 1 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University a. b. c. d. e. f. g. 2. 3. 4. 5. B. Allied Tube & Conduit. Cooper B-Line, Inc.; a division of Cooper Industries. ERICO International Corporation. GS Metals Corp. Thomas & Betts Corporation. Unistrut; Tyco International, Ltd. Wesanco, Inc. Metallic Coatings: Hot-dip galvanized after fabrication and applied according to MFMA-4. Nonmetallic Coatings: Manufacturer's standard PVC, polyurethane, or polyester coating applied according to MFMA-4. Painted Coatings: Manufacturer's standard painted coating applied according to MFMA4. Channel Dimensions: Selected for applicable load criteria. Nonmetallic Slotted Support Systems: Structural-grade, factory-formed, glass-fiber-resin channels and angles with 9/16-inch- diameter holes at a maximum of 8 inches o.c., in at least 1 surface. 1. Manufacturers: Subject to compliance with requirements, provide products by one of the following: a. b. c. d. 2. 3. 4. Allied Tube & Conduit. Cooper B-Line, Inc.; a division of Cooper Industries. Fabco Plastics Wholesale Limited. Seasafe, Inc. Fittings and Accessories: Products of channel and angle manufacturer and designed for use with those items. Fitting and Accessory Materials: Same as channels and angles. Rated Strength: Selected to suit applicable load criteria. C. Raceway and Cable Supports: As described in NECA 1 and NECA 101. D. Conduit and Cable Support Devices: Steel and malleable-iron hangers, clamps, and associated fittings, designed for types and sizes of raceway or cable to be supported. E. Support for Conductors in Vertical Conduit: Factory-fabricated assembly consisting of threaded body and insulating wedging plug or plugs for non-armored electrical conductors or cables in riser conduits. Plugs shall have number, size, and shape of conductor gripping pieces as required to suit individual conductors or cables supported. Body shall be malleable iron. F. Structural Steel for Fabricated Supports and Restraints: shapes, and bars; black and galvanized. G. Mounting, Anchoring, and Attachment Components: Items for fastening electrical items or their supports to building surfaces include the following: HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS ASTM A 36/A 36M, steel plates, 260529 - 2 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1. Mechanical-Expansion Anchors: Insert-wedge-type, zinc-coated steel, for use in hardened portland cement concrete with tension, shear, and pullout capacities appropriate for supported loads and building materials in which used. a. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1) 2) 3) 4) 5) 2. 3. 4. 5. 6. Cooper B-Line, Inc.; a division of Cooper Industries. Empire Tool and Manufacturing Co., Inc. Hilti Inc. ITW Ramset/Red Head; a division of Illinois Tool Works, Inc. MKT Fastening, LLC. Concrete Inserts: Steel or malleable-iron, slotted support system units similar to MSS Type 18; complying with MFMA-4 or MSS SP-58. Clamps for Attachment to Steel Structural Elements: MSS SP-58, type suitable for attached structural element. Through Bolts: Structural type, hex head, and high strength. Comply with ASTM A 325. Toggle Bolts: All-steel springhead type. Hanger Rods: Threaded steel. PART 3 - EXECUTION 3.1 APPLICATION A. Comply with NECA 1 and NECA 101 for application of hangers and supports for electrical equipment and systems except if requirements in this Section are stricter. B. Maximum Support Spacing and Minimum Hanger Rod Size for Raceway: Space supports for EMT, IMC, and RMC as required by NFPA 70. Minimum rod size shall be 1/4 inch in diameter. C. Multiple Raceways or Cables: Install trapeze-type supports fabricated with steel slotted or other support system, sized so capacity can be increased by at least 25 percent in future without exceeding specified design load limits. 1. D. 3.2 Secure raceways and cables to these supports with two-bolt conduit clamps. Spring-steel clamps designed for supporting single conduits without bolts may be used for 11/2-inch and smaller raceways serving branch circuits and communication systems above suspended ceilings and for fastening raceways to trapeze supports. SUPPORT INSTALLATION A. Comply with NECA 1 and NECA 101 for installation requirements except as specified in this Article. HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 260529 - 3 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University B. Strength of Support Assemblies: Where not indicated, select sizes of components so strength will be adequate to carry present and future static loads within specified loading limits. Minimum static design load used for strength determination shall be weight of supported components plus 200 lb. C. Mounting and Anchorage of Surface-Mounted Equipment and Components: Anchor and fasten electrical items and their supports to building structural elements by the following methods unless otherwise indicated by code: 1. To Masonry: Approved toggle-type bolts on hollow masonry units and expansion anchor fasteners on solid masonry units. 2. To Existing Concrete: Expansion anchor fasteners. 3. To Steel: Welded threaded studs complying with AWS D1.1/D1.1M, with lock washers and nuts 4. To Light Steel: Sheet metal screws. 5. Items Mounted on Hollow Walls and Nonstructural Building Surfaces: Mount cabinets, panelboards, disconnect switches, control enclosures, pull and junction boxes, transformers, and other devices on slotted-channel racks attached to substrate. D. Drill holes for expansion anchors in concrete at locations and to depths that avoid reinforcing bars. 3.3 PAINTING A. Touchup: Clean field welds and abraded areas of shop paint. Paint exposed areas immediately after erecting hangers and supports. Use same materials as used for shop painting. Comply with SSPC-PA 1 requirements for touching up field-painted surfaces. 1. B. Apply paint by brush or spray to provide minimum dry film thickness of 2.0 mils. Galvanized Surfaces: Clean welds, bolted connections, and abraded areas and apply galvanizing-repair paint to comply with ASTM A 780. END OF SECTION 260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 260529 - 4 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University SECTION 260533 - RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. 2. 3. 4. 1.2 Metal conduits, tubing, and fittings. Nonmetal conduits, tubing, and fittings. Metal wireways and auxiliary gutters. Boxes, enclosures, and cabinets. DEFINITIONS A. GRC: Galvanized rigid steel conduit. B. IMC: Intermediate metal conduit. 1.3 ACTION SUBMITTALS A. Product Data: For surface raceways, wireways and fittings, floor boxes, hinged-cover enclosures, and cabinets. PART 2 - PRODUCTS 2.1 METAL CONDUITS, TUBING, AND FITTINGS A. Manufacturers: Subject to compliance with requirements, provide products by the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. B. AFC Cable Systems, Inc. Allied Tube & Conduit. Anamet Electrical, Inc. Electri-Flex Company. O-Z/Gedney. Picoma Industries. Republic Conduit. Robroy Industries. Southwire Company. Thomas & Betts Corporation. Western Tube and Conduit Corporation. Wheatland Tube Company. Listing and Labeling: Metal conduits, tubing, and fittings shall be listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS 260533 - 1 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University C. GRC: Comply with ANSI C80.1 and UL 6. D. IMC: Comply with ANSI C80.6 and UL 1242. E. EMT: Comply with ANSI C80.3 and UL 797. F. FMC: Comply with UL 1; zinc-coated steel or aluminum. G. LFMC: Flexible steel conduit with PVC jacket and complying with UL 360. H. Fittings for Metal Conduit: Comply with NEMA FB 1 and UL 514B. 1. 2. Conduit Fittings for Hazardous (Classified) Locations: NFPA 70. Fittings for EMT: a. b. 3. I. 2.2 Comply with UL 886 and Material: Steel or die cast. Type: Set screw or compression. Expansion Fittings: PVC or steel to match conduit type, complying with UL 651, rated for environmental conditions where installed, and including flexible external bonding jumper. Joint Compound for IMC, GRC, or ARC: Approved, as defined in NFPA 70, by authorities having jurisdiction for use in conduit assemblies, and compounded for use to lubricate and protect threaded conduit joints from corrosion and to enhance their conductivity. NONMETALLIC CONDUITS, TUBING, AND FITTINGS A. Manufacturers: Subject to compliance with requirements, provide products by the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. AFC Cable Systems, Inc. Anamet Electrical, Inc. Arnco Corporation. CANTEX Inc. CertainTeed Corporation. Condux International, Inc. Electri-Flex Company. Kraloy. Lamson & Sessions; Carlon Electrical Products. Niedax-Kleinhuis USA, Inc. RACO; Hubbell. Thomas & Betts Corporation. B. Listing and Labeling: Nonmetallic conduits, tubing, and fittings shall be listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. A. RNC: Type EPC-40-PVC, complying with NEMA TC 2 and UL 651 unless otherwise indicated. RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS 260533 - 2 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University B. LFNC: Comply with UL 1660. C. Fittings for RNC: Comply with NEMA TC 3; match to conduit or tubing type and material. D. Fittings for LFNC: Comply with UL 514B. E. Solvent cements and adhesive primers shall have a VOC content of 510 and 550 g/L or less, respectively, when calculated according to 40 CFR 59, Subpart D (EPA Method 24). 2.3 METAL WIREWAYS AND AUXILIARY GUTTERS A. Manufacturers: Subject to compliance with requirements, provide products by the following: 1. 2. 3. 4. B. Cooper B-Line, Inc. Hoffman. Mono-Systems, Inc. Square D. Description: Sheet metal, complying with UL 870 and NEMA 250, Type 1 unless otherwise indicated, and sized according to NFPA 70. 1. Metal wireways installed outdoors shall be listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. C. Fittings and Accessories: Include covers, couplings, offsets, elbows, expansion joints, adapters, hold-down straps, end caps, and other fittings to match and mate with wireways as required for complete system. D. Wireway Covers: Hinged type unless otherwise indicated. E. Finish: Manufacturer's standard enamel finish. 2.4 BOXES, ENCLOSURES, AND CABINETS A. Manufacturers: Subject to compliance with requirements, provide products by the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Adalet. Cooper Technologies Company; Cooper Crouse-Hinds. EGS/Appleton Electric. Erickson Electrical Equipment Company. FSR Inc. Hoffman. Hubbell Incorporated. Kraloy. Milbank Manufacturing Co. Mono-Systems, Inc. O-Z/Gedney. RACO; Hubbell. Robroy Industries. Spring City Electrical Manufacturing Company. RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS 260533 - 3 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 15. 16. 17. Stahlin Non-Metallic Enclosures. Thomas & Betts Corporation. Wiremold / Legrand. B. General Requirements for Boxes, Enclosures, and Cabinets: Boxes, enclosures, and cabinets installed in wet locations shall be listed for use in wet locations. C. Sheet Metal Outlet and Device Boxes: Comply with NEMA OS 1 and UL 514A. D. Cast-Metal Outlet and Device Boxes: Comply with NEMA FB 1, ferrous alloy, Type FD, with gasketed cover. E. Luminaire Outlet Boxes: Nonadjustable, designed for attachment of luminaire weighing 50 lb (23 kg). Outlet boxes designed for attachment of luminaires weighing more than 50 lb (23 kg) shall be listed and marked for the maximum allowable weight. F. Small Sheet Metal Pull and Junction Boxes: NEMA OS 1. G. Cast-Metal Access, Pull, and Junction Boxes: Comply with NEMA FB 1 and UL 1773, cast aluminum or galvanized, cast iron with gasketed cover. H. Box extensions used to accommodate new building finishes shall be of same material as recessed box. I. Device Box Dimensions: 4 inches square by 2-1/8 inches deep (100 mm square by 60 mm deep. J. Gangable boxes are allowed. K. Hinged-Cover Enclosures: Comply with UL 50 and NEMA 250, Type 1or Type 3R with continuous-hinge cover with flush latch unless otherwise indicated. 1. 2. L. Metal Enclosures: Steel, finished inside and out with manufacturer's standard enamel. Interior Panels: Steel; all sides finished with manufacturer's standard enamel. Cabinets: 1. 2. 3. 4. 5. NEMA 250, Type 1> galvanized-steel box with removable interior panel and removable front, finished inside and out with manufacturer's standard enamel. Hinged door in front cover with flush latch and concealed hinge. Key latch to match panelboards. Metal barriers to separate wiring of different systems and voltage. Accessory feet where required for freestanding equipment. PART 3 - EXECUTION 3.1 RACEWAY APPLICATION A. Outdoors: Apply raceway products as specified below unless otherwise indicated: RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS 260533 - 4 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1. 2. 3. 4. 5. B. Exposed Conduit: GRC. Concealed Conduit, Aboveground: GRC. Underground Conduit: RNC, Type EPC-40-PVC direct buried. Connection to Vibrating Equipment (Including Transformers and Hydraulic, Pneumatic, Electric Solenoid, or Motor-Driven Equipment): LFMC. Boxes and Enclosures, Aboveground: NEMA 250, Type 3R. Indoors: Apply raceway products as specified below unless otherwise indicated: 1. 2. 3. Exposed, Not Subject to Physical Damage: EMT. Exposed, Not Subject to Severe Physical Damage: EMT. Exposed and Subject to Severe Physical Damage: GRC. Raceway locations include the following: a. b. c. 4. 5. 6. 7. Parking Decks (feeders only, branch circuits supporting emergency lighting fixtures can be EMT). Corridors used for traffic of mechanized carts, forklifts, and pallet-handling units. Mechanical rooms. Concealed in Ceilings and Interior Walls and Partitions: EMT. Connection to Vibrating Equipment (Including Transformers and Hydraulic, Pneumatic, Electric Solenoid, or Motor-Driven Equipment): FMC, except use LFMC in damp or wet locations. Damp or Wet Locations: GRC. Boxes and Enclosures: NEMA 250, Type 1, except use NEMA 250, Type 4 stainless steel in damp or wet locations. C. Minimum Raceway Size: 1/2-inch (16-mm) trade size. D. Raceway Fittings: Compatible with raceways and suitable for use and location. 1. 2. 3. 3.2 Rigid and Intermediate Steel Conduit: Use threaded rigid steel conduit fittings unless otherwise indicated. Comply with NEMA FB 2.10. EMT: Use setscrew or compression, steel or cast-metal fittings. Comply with NEMA FB 2.10. Flexible Conduit: Use only fittings listed for use with flexible conduit. Comply with NEMA FB 2.20. INSTALLATION A. Comply with NECA 1 and NECA 101 for installation requirements except where requirements on Drawings or in this article are stricter. Comply with NECA 102 for aluminum conduits. Comply with NFPA 70 limitations for types of raceways allowed in specific occupancies and number of floors. B. Keep raceways at least 6 inches (150 mm) away from parallel runs of flues and steam or hotwater pipes. Install horizontal raceway runs above water and steam piping. C. Complete raceway installation before starting conductor installation. RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS 260533 - 5 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University D. Comply with requirements in Section 260529 "Hangers and Supports for Electrical Systems" for hangers and supports. E. Arrange stub-ups so curved portions of bends are not visible above finished slab. F. Install no more than the equivalent of three 90-degree bends in any conduit run except for control wiring conduits, for which fewer bends are allowed. Support within 12 inches (300 mm) of changes in direction. G. Conceal conduit and EMT within finished walls, ceilings, and floors unless otherwise indicated. Install conduits parallel or perpendicular to building lines. H. Support conduit within 12 inches (300 mm)of enclosures to which attached. I. Stub-ups to Above Recessed Ceilings: 1. 2. Use EMT, IMC, or RMC for raceways. Use a conduit bushing or insulated fitting to terminate stub-ups not terminated in hubs or in an enclosure. J. Threaded Conduit Joints, Exposed to Wet, Damp, Corrosive, or Outdoor Conditions: Apply listed compound to threads of raceway and fittings before making up joints. Follow compound manufacturer's written instructions. K. Raceway Terminations at Locations Subject to Moisture or Vibration: Use insulating bushings to protect conductors including conductors smaller than No. 4 AWG. L. Terminate threaded conduits into threaded hubs or with locknuts on inside and outside of boxes or cabinets. Install bushings on conduits up to 1-1/4-inch (35mm) trade size and insulated throat metal bushings on 1-1/2-inch (41-mm) trade size and larger conduits terminated with locknuts. Install insulated throat metal grounding bushings on service conduits. M. Install raceways square to the enclosure and terminate at enclosures with locknuts. Install locknuts hand tight plus 1/4 turn more. N. Do not rely on locknuts to penetrate nonconductive coatings on enclosures. Remove coatings in the locknut area prior to assembling conduit to enclosure to assure a continuous ground path. O. Cut conduit perpendicular to the length. For conduits 2-inch (53-mm) trade size and larger, use roll cutter or a guide to make cut straight and perpendicular to the length. P. Install pull wires in empty raceways. Use polypropylene or monofilament plastic line with not less than 200-lb (90-kg) tensile strength. Leave at least 12 inches (300 mm) of slack at each end of pull wire. Cap underground raceways designated as spare above grade alongside raceways in use. Q. Expansion-Joint Fittings: 1. Install in each run of aboveground RNC that is located where environmental temperature change may exceed 30 deg F (17 deg C) and that has straight-run length that exceeds 25 feet (7.6 m). Install in each run of aboveground RMC and EMT conduit that is located RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS 260533 - 6 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 2. where environmental temperature change may exceed 100 deg F (55 deg C) and that has straight-run length that exceeds 100 feet (30 m). Install type and quantity of fittings that accommodate temperature change listed for each of the following locations: a. 3. 4. R. Outdoor Locations Not Exposed to Direct Sunlight: 125 deg F (70 deg C) temperature change. b. Outdoor Locations Exposed to Direct Sunlight: 155 deg F (86 deg C) temperature change. c. Indoor Spaces Connected with Outdoors without Physical Separation: 125 deg F (70 deg C) temperature change. Install expansion fittings at all locations where conduits cross building or structure expansion joints. Install each expansion-joint fitting with position, mounting, and piston setting selected according to manufacturer's written instructions for conditions at specific location at time of installation. Install conduit supports to allow for expansion movement. Flexible Conduit Connections: Comply with NEMA RV 3. Use a maximum of 72 inches (1830 mm) of flexible conduit for recessed and semirecessed luminaires, equipment subject to vibration, noise transmission, or movement; and for transformers and motors. 1. 2. Use LFMC in damp or wet locations subject to severe physical damage. Use LFMC or LFNC in damp or wet locations not subject to severe physical damage. S. Mount boxes at heights indicated on Drawings. If mounting heights of boxes are not individually indicated, give priority to ADA requirements. Install boxes with height measured to center of box unless otherwise indicated. T. Horizontally separate boxes mounted on opposite sides of walls so they are not in the same vertical channel. U. Locate boxes so that cover or plate will not span different building finishes. V. Support boxes of three gangs or more from more than one side by spanning two framing members or mounting on brackets specifically designed for the purpose. W. Fasten junction and pull boxes to or support from building structure. Do not support boxes by conduits. 3.3 SLEEVE AND SLEEVE-SEAL INSTALLATION FOR ELECTRICAL PENETRATIONS A. 3.4 Install sleeves and sleeve seals at penetrations of exterior floor and wall assemblies. Comply with requirements in Section 260544 "Sleeves and Sleeve Seals for Electrical Raceways and Cabling." FIRESTOPPING A. Install firestopping at penetrations of fire-rated floor and wall assemblies. RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS 260533 - 7 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 3.5 PROTECTION A. Protect coatings, finishes, and cabinets from damage and deterioration. 1. 2. Repair damage to galvanized finishes with zinc-rich paint recommended by manufacturer. Repair damage to PVC coatings or paint finishes with matching touchup coating recommended by manufacturer. END OF SECTION 260533 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS 260533 - 8 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University SECTION 260544 - SLEEVES AND SLEEVE SEALS FOR ELECTRICAL RACEWAYS AND CABLING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. 2. 3. Sleeves for raceway and cable penetration of non-fire-rated construction walls and floors. Grout. Silicone sealants. PART 2 - PRODUCTS 2.1 SLEEVES A. Wall Sleeves: 1. Steel Pipe Sleeves: ASTM A 53/A 53M, Type E, Grade B, Schedule 40, zinc coated, plain ends. B. Sleeves for Conduits Penetrating Non-Fire-Rated Gypsum Board Assemblies: Galvanized-steel sheet; 0.0239-inch minimum thickness; round tube closed with welded longitudinal joint, with tabs for screw-fastening the sleeve to the board. C. PVC-Pipe Sleeves: ASTM D 1785, Schedule 40. D. Molded-PVC Sleeves: With nailing flange for attaching to wooden forms. 2.2 GROUT A. Description: Nonshrink; recommended for interior and exterior sealing openings in non-firerated walls or floors. B. Standard: ASTM C 1107/C 1107M, Grade B, post-hardening and volume-adjusting, dry, hydraulic-cement grout. C. Design Mix: 5000-psi, 28-day compressive strength. D. Packaging: Premixed and factory packaged. SLEEVES AND SLEEVE SEALS FOR ELECTRICAL RACEWAYS AND CABLING 260544 - 1 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 2.3 SILICONE SEALANTS A. Silicone Sealants: Single-component, silicone-based, neutral-curing elastomeric sealants of grade indicated below. 1. B. Grade: Pourable (self-leveling) formulation for openings in floors and other horizontal surfaces that are not fire rated. Silicone Foams: Multicomponent, silicone-based liquid elastomers that, when mixed, expand and cure in place to produce a flexible, nonshrinking foam. PART 3 - EXECUTION 3.1 SLEEVE INSTALLATION FOR NON-FIRE-RATED ELECTRICAL PENETRATIONS A. Comply with NECA 1. B. Comply with NEMA VE 2 for cable tray and cable penetrations. C. Sleeves for Conduits Penetrating Above-Grade Non-Fire-Rated Concrete and Masonry-Unit Floors and Walls: 1. Interior Penetrations of Non-Fire-Rated Walls and Floors: a. b. 2. 3. 4. D. Seal annular space between sleeve and raceway or cable, using joint sealant appropriate for size, depth, and location of joint. Seal space outside of sleeves with mortar or grout. Pack sealing material solidly between sleeve and wall so no voids remain. Tool exposed surfaces smooth; protect material while curing. Use pipe sleeves unless penetration arrangement requires rectangular sleeved opening. Size pipe sleeves to provide 1/4-inch annular clear space between sleeve and raceway or cable unless sleeve seal is to be installed. Install sleeves for wall penetrations unless core-drilled holes or formed openings are used. Install sleeves during erection of walls. Cut sleeves to length for mounting flush with both surfaces of walls. Deburr after cutting. Sleeves for Conduits Penetrating Non-Fire-Rated Gypsum Board Assemblies: 1. 2. Use circular metal sleeves unless penetration arrangement requires rectangular sleeved opening. Seal space outside of sleeves with approved joint compound for gypsum board assemblies. END OF SECTION 260544 SLEEVES AND SLEEVE SEALS FOR ELECTRICAL RACEWAYS AND CABLING 260544 - 2 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University SECTION 260553 - IDENTIFICATION FOR ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 SUMMARY A. 1.2 Section Includes: 1. Identification for conductors. 2. Equipment identification labels. 3. Miscellaneous identification products. QUALITY ASSURANCE A. Comply with NFPA 70. B. Comply with 29 CFR 1910.144 and 29 CFR 1910.145. C. Comply with ANSI Z535.4 for safety signs and labels. D. Adhesive-attached labeling materials, including label stocks, laminating adhesives, and inks used by label printers, shall comply with UL 969. 1.3 COORDINATION A. Coordinate identification names, abbreviations, colors, and other features with requirements in other Sections requiring identification applications, Drawings, Shop Drawings, manufacturer's wiring diagrams, and the Operation and Maintenance Manual; and with those required by codes, standards, and 29 CFR 1910.145. Use consistent designations throughout Project. B. Coordinate installation of identifying devices with completion of covering and painting of surfaces where devices are to be applied. C. Coordinate installation of identifying devices with location of access panels and doors. D. Install identifying devices before installing acoustical ceilings and similar concealment. PART 2 - PRODUCTS 2.1 CONDUCTOR IDENTIFICATION MATERIALS A. Color-Coding Conductor Tape: Colored, self-adhesive vinyl tape not less than 3 mils thick by 1 to 2 inches wide. IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553 - 1 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 2.2 EQUIPMENT IDENTIFICATION LABELS A. 2.3 Engraved, Laminated Acrylic or Melamine Label: Punched or drilled for screw mounting. White letters on a dark-gray background. Minimum letter height shall be 3/8 inch. MISCELLANEOUS IDENTIFICATION PRODUCTS A. Paint: Select paint system applicable for surface material and location (exterior or interior). B. Fasteners for Labels and Signs: Self-tapping, stainless-steel screws or stainless-steel machine screws with nuts and flat and lock washers. PART 3 - EXECUTION 3.1 INSTALLATION A. Verify identity of each item before installing identification products. B. Location: Install identification materials and devices at locations for most convenient viewing without interference with operation and maintenance of equipment. C. Apply identification devices to surfaces that require finish after completing finish work. D. Self-Adhesive Identification Products: Clean surfaces before application, using materials and methods recommended by manufacturer of identification device. E. Attach signs and plastic labels that are not self-adhesive type with mechanical fasteners appropriate to the location and substrate. F. System Identification Color-Coding Bands for Raceways and Cables: Each color-coding band shall completely encircle cable or conduit. Place adjacent bands of two-color markings in contact, side by side. Locate bands at changes in direction, at penetrations of walls and floors, at 50-foot maximum intervals in straight runs, and at 25-foot maximum intervals in congested areas. 3.2 IDENTIFICATION SCHEDULE A. Accessible Raceways and Cables within Buildings: Identify the covers of each junction and pull box of the following systems with self-adhesive vinyl labels with the wiring system legend and system voltage. System legends shall be as follows: 1. Emergency Power. 2. Power. 60-hertz B. Power-Circuit Conductor Identification, 600 V or Less: For conductors in pull and junction boxes, use color-coding conductor tape to identify the phase. IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553 - 2 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1. Color-Coding for Phase and Voltage Level Identification, 600 V or Less: Use colors listed below for ungrounded feeder conductors. a. b. Color shall be factory applied or field applied for sizes larger than No. 8 AWG, if authorities having jurisdiction permit. Colors for 208/120-V Circuits: 1) 2) 3) c. Colors for 480/277-V Circuits: 1) 2) 3) d. C. Phase A: Black. Phase B: Red. Phase C: Blue. Phase A: Brown. Phase B: Orange. Phase C: Yellow. Field-Applied, Color-Coding Conductor Tape: Apply in half-lapped turns for a minimum distance of 6 inches from terminal points and in boxes where splices or taps are made. Apply last two turns of tape with no tension to prevent possible unwinding. Locate bands to avoid obscuring factory cable markings. Equipment Identification Labels: On each unit of equipment, install unique designation label that is consistent with wiring diagrams, schedules, and the Operation and Maintenance Manual. Systems include power, lighting, control, communication, signal, monitoring, and alarm systems unless equipment is provided with its own identification. 1. Labeling Instructions: a. b. c. 2. Indoor Equipment: Engraved, laminated acrylic or melamine label. Unless otherwise indicated, provide a single line of text with 1/2-inch- high letters on 11/2-inch- high label; where two lines of text are required, use labels 2 inches high. Elevated Components: Increase sizes of labels and letters to those appropriate for viewing from the floor. Unless provided with self-adhesive means of attachment, fasten labels with appropriate mechanical fasteners that do not change the NEMA or NRTL rating of the enclosure. Equipment to Be Labeled: a. b. c. d. e. f. g. Panelboards: Typewritten directory of circuits in the location provided by panelboard manufacturer. Panelboard identification shall be self-adhesive, engraved, laminated acrylic or melamine label. Enclosures and electrical cabinets. Access doors and panels for concealed electrical items. Switchboards. Transformers: Label that includes tag designation shown on Drawings for the transformer, feeder, and panelboards or equipment supplied by the secondary. Emergency system boxes and enclosures. Motor-control centers. IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553 - 3 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University h. i. j. k. l. m. n. o. Enclosed switches. Enclosed circuit breakers. Push-button stations. Power transfer equipment. Contactors. Power-generating units. Monitoring and control equipment. Fire pump disconnecting means, controller and transfer switch. END OF SECTION 260553 IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553 - 4 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University SECTION 260573 - OVERCURRENT PROTECTIVE DEVICE COORDINATION PART 1 - GENERAL 1.1 SUMMARY A. This Section includes computer-based, fault-current and overcurrent protective device coordination studies. Protective devices shall be set based on results of the protective device coordination study. An arc flash study is also required. B. Selective coordination of elevator feeders is required in accordance with NEC Article 620.62. and emergency systems in accordance with NEC Article 700.27. C. The study shall be submitted with the electric gear submittals. 1.2 SUBMITTALS A. Product Data: For computer software program to be used for studies. B. Product Certificates: For coordination-study and fault-current-study computer software programs, certifying compliance with IEEE 399. C. Qualification Data: For coordination-study specialist. D. Other Action Submittals: The following submittals shall be made after the approval process for system protective devices has been completed. Submittals may be in digital form. 1. 2. 3. 4. 1.3 Coordination-study input data, including completed computer program input data sheets. Study and Equipment Evaluation Reports. Coordination-Study Report. Arc-Flash Study QUALITY ASSURANCE A. Studies shall use computer programs that are distributed nationally and are in wide use. Software algorithms shall comply with requirements of standards and guides specified in this Section. Manual calculations are not acceptable. B. Coordination-Study Specialist Qualifications: An entity experienced in the application of computer software used for studies, having performed successful studies of similar magnitude on electrical distribution systems using similar devices. C. Comply with IEEE 242 for short-circuit currents and coordination time intervals. D. Comply with IEEE 399 for general study procedures. E. Comply with IEEE 1584 2002 / 2004a Edition for arc-flash study. OVERCURRENT PROTECTIVE DEVICE COORDINATION 260573 - 1 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University PART 2 - PRODUCTS 2.1 COMPUTER SOFTWARE DEVELOPERS A. 2.2 Available Computer Software Developers: Subject to compliance with requirements, companies offering computer software programs that may be used in the Work include, but are not limited to, the following: 1. SKM Systems Analysis, Inc. COMPUTER SOFTWARE PROGRAM REQUIREMENTS A. Comply with IEEE 399. B. Analytical features of fault-current-study computer software program shall include "mandatory," "very desirable," and "desirable" features as listed in IEEE 399. C. Computer software program shall be capable of plotting and diagramming time-currentcharacteristic curves as part of its output. Computer software program shall report device settings and ratings of all overcurrent protective devices and shall demonstrate selective coordination by computer-generated, time-current coordination plots. PART 3 - EXECUTION 3.1 EXAMINATION A. 3.2 Examine project overcurrent protective device submittals for compliance with electrical distribution system coordination requirements and other conditions affecting performance. All 480-volt devices from the service entrance to distribution panels (including elevator and emergency feeders) to be coordinated are indicated on Drawings. 1. Proceed with coordination study only after relevant equipment submittals have been assembled. Overcurrent protective devices that have not been submitted and approved prior to coordination study may not be used in study. 2. Obtain feeder lengths from field measurements. 3. Obtain existing feeder conductor sizes and insulation types from field investigations. POWER SYSTEM DATA A. Gather and tabulate the following input data to support coordination study: 1. Product Data for overcurrent protective devices specified in other Division 26 Sections and involved in overcurrent protective device coordination studies. Use equipment designation tags that are consistent with electrical distribution system diagrams, overcurrent protective device submittals, input and output data, and recommended device settings. OVERCURRENT PROTECTIVE DEVICE COORDINATION 260573 - 2 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 2. 3. Impedance of utility service entrance. Electrical Distribution System Diagram: showing the following: a. b. c. d. e. f. 4. Circuit-breaker and fuse-current ratings and types. Relays and associated power and current transformer ratings and ratios. Transformer kilovolt amperes, primary and secondary voltages, connection type, impedance, and X/R ratios. Generator kilovolt amperes, size, voltage, and source impedance. Cables: Indicate conduit material, sizes of conductors, conductor material, insulation, and length. Motor horsepower and code letter designation according to NEMA MG 1. Data sheets to supplement electrical distribution system diagram, cross-referenced with tag numbers on diagram, showing the following: a. b. c. d. e. f. g. h. 3.3 In hard-copy and electronic-copy formats, Special load considerations, including starting inrush currents and frequent starting and stopping. Transformer characteristics, including primary protective device, magnetic inrush current, and overload capability. Motor full-load current, locked rotor current, service factor, starting time, type of start, and thermal-damage curve. Generator thermal-damage curve. Ratings, types, and settings of utility company's overcurrent protective devices. Time-current-characteristic curves of devices indicated to be coordinated. Manufacturer, frame size, interrupting rating in amperes rms symmetrical, ampere or current sensor rating, long-time adjustment range, short-time adjustment range, and instantaneous adjustment range for circuit breakers. Panelboards, switchboards and interrupting rating in amperes RMS symmetrical. FAULT-CURRENT STUDY A. Calculate the maximum available short-circuit current in amperes rms symmetrical at circuitbreaker positions of the electrical power distribution system. The calculation shall be for a current immediately after initiation and for a three-phase bolted short circuit at each of the following: 1. 2. 3. 4. Switchgear and switchboard bus. Distribution panelboard. Branch circuit panelboard. Automatic transfer switch. B. Study electrical distribution system from normal and alternate power sources throughout electrical distribution system for Project. Include studies of system-switching configurations and alternate operations that could result in maximum fault conditions. C. Calculate momentary and interrupting duties on the basis of maximum available fault current. D. Calculations to verify interrupting ratings of overcurrent protective devices shall comply with IEEE 142 and 242. OVERCURRENT PROTECTIVE DEVICE COORDINATION 260573 - 3 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University E. 1. Transformers (as applicable): 2. a. ANSI C57.12.10. b. ANSI C57.12.22. c. ANSI C57.12.40. d. IEEE C57.12.00. e. IEEE C57.96. Low-Voltage Circuit Breakers: IEEE 1015 and IEEE C37.20.1. Study Report: 1. 3.4 Show calculated X/R ratios and equipment interrupting rating (1/2-cycle) fault currents on electrical distribution system diagram. COORDINATION STUDY A. Perform coordination study using approved computer software program. Prepare a written report using results of fault-current study. Comply with IEEE 399. 1. 2. Calculate the maximum and minimum 1/2-cycle short-circuit currents. Calculate the maximum and minimum ground-fault currents. B. Comply with IEEE 142 recommendations for fault currents and time intervals. C. Transformer Primary Overcurrent Protective Devices: 1. Device shall not operate in response to the following: a. b. c. 2. Inrush current when first energized. Self-cooled, full-load current or forced-air-cooled, full-load current, whichever is specified for that transformer. Permissible transformer overloads according to IEEE C57.96 if required by unusual loading or emergency conditions. Device settings shall protect transformers according to IEEE C57.12.00, for fault currents. D. Conductor Protection: Protect cables against damage from fault currents according to ICEA P32-382, ICEA P-45-482, and conductor melting curves in IEEE 242. Demonstrate that equipment withstands the maximum short-circuit current for a time equivalent to the tripping time of the primary relay protection or total clearing time of the fuse. To determine temperatures that damage insulation, use curves from cable manufacturers or from listed standards indicating conductor size and short-circuit current. E. Coordination-Study Report: coordination study: 1. Prepare a written report indicating the following results of Tabular Format of Settings Selected for Overcurrent Protective Devices: a. Device tag. OVERCURRENT PROTECTIVE DEVICE COORDINATION 260573 - 4 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University b. c. 2. Coordination Curves: Prepared to determine settings of overcurrent protective devices to achieve selective coordination. Graphically illustrate that adequate time separation exists between devices installed in series, including power utility company's upstream devices. Prepare separate sets of curves for the switching schemes and for emergency periods where the power source is local generation. Show the following information: a. b. c. d. e. f. g. F. 3.5 Circuit-breaker sensor rating; and long-time, short-time, and instantaneous settings. Ground-fault relay-pickup and time-delay settings. Device tag. Voltage and current ratio for curves. Three-phase and single-phase damage points for each transformer. No damage, melting, and clearing curves for fuses. Cable damage curves. Transformer inrush points. Maximum fault-current cutoff point. Completed data sheets for setting of overcurrent protective devices. ARC-FLASH STUDY A. Perform arc-flash study using approved computer software program. Prepare a written report using results of fault-current study. Comply with IEEE 1584 2002 / 2004a. 1. Generate warning labels based on results of the study. Refer to Drawings for label example. 2. Apply labels directly to equipment. END OF SECTION 260573 OVERCURRENT PROTECTIVE DEVICE COORDINATION 260573 - 5 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University SECTION 262200 - LOW-VOLTAGE TRANSFORMERS PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following types of dry-type transformers rated 600 V and less, with capacities up to 1000 kVA: 1. 1.2 Distribution transformers. ACTION SUBMITTALS A. Product Data: Include rated nameplate data, capacities, weights, dimensions, minimum clearances, installed devices and features, and performance for each type and size of transformer indicated. B. Shop Drawings: Detail equipment assemblies and indicate dimensions, weights, loads, required clearances, method of field assembly, components, and location and size of each field connection. 1. Wiring Diagrams: Power, signal, and control wiring. 1.3 INFORMATIONAL SUBMITTALS 1.4 CLOSEOUT SUBMITTALS A. 1.5 Operation and Maintenance Data: For transformers to include in emergency, operation, and maintenance manuals. QUALITY ASSURANCE A. Source Limitations: manufacturer. Obtain each transformer type through one source from a single B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. C. Comply with IEEE C57.12.91, "Test Code for Dry-Type Distribution and Power Transformers." LOW-VOLTAGE TRANSFORMERS 262200 - 1 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1.6 DELIVERY, STORAGE, AND HANDLING A. 1.7 Temporary Heating: Apply temporary heat according to manufacturer's written instructions within the enclosure of each ventilated-type unit, throughout periods during which equipment is not energized and when transformer is not in a space that is continuously under normal control of temperature and humidity. COORDINATION A. Coordinate size and location of concrete bases with actual transformer provided. Cast anchorbolt inserts into bases. Concrete, reinforcement, and formwork requirements are specified with concrete. B. Coordinate installation of wall-mounting and structure-hanging supports with actual transformer provided. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. 2.2 Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Eaton Electrical Sector; Eaton Corporation; Cutler-Hammer Products. 2. Federal Pacific Transformer Company. 3. General Electric Company. 4. Siemens Energy & Automation, Inc. 5. Sola/Hevi-Duty. 6. Square D Co./Groupe Schneider NA; Schneider Electric. GENERAL TRANSFORMER REQUIREMENTS A. Description: Factory-assembled and -tested, air-cooled units for 60-Hz service. B. Cores: Grain-oriented, non-aging silicon steel. C. Coils: Continuous windings without splices except for taps. 1. 2. 2.3 Internal Coil Connections: Brazed or pressure type. Coil Material: Copper. DISTRIBUTION TRANSFORMERS A. Comply with NEMA ST 20, and list and label as complying with UL 1561. B. Cores: One leg per phase. C. Enclosure: Ventilated, NEMA 250, Type 2. LOW-VOLTAGE TRANSFORMERS 262200 - 2 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1. D. Core and coil shall be encapsulated within resin compound, sealing out moisture and air. Transformer Enclosure Finish: Comply with NEMA 250. 1. Finish Color: Gray. E. Taps for Transformers 7.5 to 24 kVA: One 5 percent tap above and one 5 percent tap below normal full capacity. F. Taps for Transformers 25 kVA and Larger: Two 2.5 percent taps above and two 2.5 percent taps below normal full capacity. G. Insulation Class: 220 deg C, UL-component-recognized insulation system with a maximum of 115 deg C rise above 40 deg C ambient temperature. H. Wall Brackets: Manufacturer's standard brackets. I. Low-Sound-Level Requirements: Minimum of 3 dBA less than NEMA ST 20 standard sound levels when factory tested according to IEEE C57.12.91. 2.4 IDENTIFICATION DEVICES A. 2.5 Nameplates: Engraved, laminated-plastic or metal nameplate for each distribution transformer, mounted with corrosion-resistant screws. Nameplates and label products are specified in Section 260553 "Identification for Electrical Systems." SOURCE QUALITY CONTROL A. Test and inspect transformers according to IEEE C57.12.91. B. Factory Sound-Level Tests: Conduct sound-level tests on equipment for this Project. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine conditions for compliance with enclosure- and ambient-temperature requirements for each transformer. B. Verify that field measurements are as needed to maintain working clearances required by NFPA 70 and manufacturer's written instructions. C. Examine walls, floors, roofs, and concrete bases for suitable mounting conditions where transformers will be installed. D. Verify that ground connections are in place and requirements in Section 260526 "Grounding and Bonding for Electrical Systems" have been met. Maximum ground resistance shall be 5 ohms at location of transformer. LOW-VOLTAGE TRANSFORMERS 262200 - 3 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University E. 3.2 Proceed with installation only after unsatisfactory conditions have been corrected. INSTALLATION A. Install wall-mounting transformers level and plumb with wall brackets fabricated by transformer manufacturer. B. Construct concrete bases and anchor floor-mounting transformers according to manufacturer's written instructions and requirements in Section 260529 "Hangers and Supports for Electrical Systems." 3.3 CONNECTIONS A. Ground equipment according to Section 260526 "Grounding and Bonding for Electrical Systems." B. Connect wiring according to Section 260519 "Low-Voltage Electrical Power Conductors and Cables." 3.4 FIELD QUALITY CONTROL A. Perform tests and inspections and prepare test reports. B. Tests and Inspections: 1. Perform each visual and mechanical inspection and electrical test stated in NETA Acceptance Testing Specification. Certify compliance with test parameters. C. Remove and replace units that do not pass tests or inspections and retest as specified above. D. Infrared Scanning: Two months after Substantial Completion, perform an infrared scan of transformer connections. 1. 2. 3. E. 3.5 Use an infrared-scanning device designed to measure temperature or detect significant deviations from normal values. Provide documentation of device calibration. Perform 2 follow-up infrared scans of transformers, one at 4 months and the other at 11 months after Substantial Completion. Prepare a certified report identifying transformer checked and describing results of scanning. Include notation of deficiencies detected, remedial action taken, and scanning observations after remedial action. Test Labeling: On completion of satisfactory testing of each unit, attach a dated and signed "Satisfactory Test" label to tested component. ADJUSTING A. Record transformer secondary voltage at each unit for at least 48 hours of typical occupancy period. Adjust transformer taps to provide optimum voltage conditions at secondary terminals. LOW-VOLTAGE TRANSFORMERS 262200 - 4 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University Optimum is defined as not exceeding nameplate voltage plus 10 percent and not being lower than nameplate voltage minus 3 percent at maximum load conditions. Submit recording and tap settings as test results. 3.6 CLEANING A. Vacuum dirt and debris; do not use compressed air to assist in cleaning. END OF SECTION 262200 LOW-VOLTAGE TRANSFORMERS 262200 - 5 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University SECTION 262416 - PANELBOARDS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. 2. 1.2 Distribution panelboards. Lighting and appliance branch-circuit panelboards. DEFINITIONS A. SVR: Suppressed voltage rating. B. TVSS: Transient voltage surge suppressor. 1.3 ACTION SUBMITTALS A. Product Data: For each type of panelboard, switching and overcurrent protective device, transient voltage suppression device, accessory, and component indicated. Include dimensions and manufacturers' technical data on features, performance, electrical characteristics, ratings, and finishes. B. Shop Drawings: For each panelboard and related equipment. 1. 2. 3. 4. 5. 6. 7. 1.4 Include dimensioned plans, elevations, sections, and details. Show tabulations of installed devices, equipment features, and ratings. Detail enclosure types and details for types other than NEMA 250, Type 1. Detail bus configuration, current, and voltage ratings. Short-circuit current rating of panelboards and overcurrent protective devices. Detail features, characteristics, ratings, and factory settings of individual overcurrent protective devices and auxiliary components. Include wiring diagrams for power, signal, and control wiring. Include time-current coordination curves for each type and rating of overcurrent protective device included in panelboards. Submit on translucent log-log graft paper; include selectable ranges for each type of overcurrent protective device. INFORMATIONAL SUBMITTALS A. Field Quality-Control Reports: 1. 2. 3. Test procedures used. Test results that comply with requirements. Results of failed tests and corrective action taken to achieve test results that comply with requirements. PANELBOARDS 262416 - 1 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University B. 1.5 Panelboard Schedules: balancing. For installation in panelboards. Submit final versions after load CLOSEOUT SUBMITTALS A. Operation and Maintenance Data: For panelboards and components to include in emergency, operation, and maintenance manuals. In addition to items specified in Section 017823 "Operation and Maintenance Data," include the following: 1. 2. 1.6 Manufacturer's written instructions for testing and adjusting overcurrent protective devices. Time-current curves, including selectable ranges for each type of overcurrent protective device that allows adjustments. MAINTENANCE MATERIAL SUBMITTALS A. Furnish extra materials that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. 1.7 Keys: Two spares for each type of panelboard cabinet lock. QUALITY ASSURANCE A. Source Limitations: Obtain panelboards, overcurrent protective devices, components, and accessories from single source from single manufacturer. B. Product Selection for Restricted Space: Drawings indicate maximum dimensions for panelboards including clearances between panelboards and adjacent surfaces and other items. Comply with indicated maximum dimensions. C. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. D. Comply with NEMA PB 1. E. Comply with NFPA 70. 1.8 DELIVERY, STORAGE, AND HANDLING A. Remove loose packing and flammable materials from inside panelboards; install temporary electric heating (250 W per panelboard) to prevent condensation. B. Handle and prepare panelboards for installation according to NEMA PB 1. 1.9 PROJECT CONDITIONS A. Environmental Limitations: PANELBOARDS 262416 - 2 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1. 2. Do not deliver or install panelboards until spaces are enclosed and weathertight, wet work in spaces is complete and dry, work above panelboards is complete, and temporary HVAC system is operating and maintaining ambient temperature and humidity conditions at occupancy levels during the remainder of the construction period. Rate equipment for continuous operation under the following conditions unless otherwise indicated: a. b. B. Service Conditions: NEMA PB 1, usual service conditions, as follows: 1. 2. C. 2. 3. A. Ambient temperatures within limits specified. Altitude not exceeding 6600 feet (2000 m). Interruption of Existing Electric Service: Do not interrupt electric service to facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary electric service according to requirements indicated: 1. 1.10 Ambient Temperature: Not exceeding 23 deg F (minus 5 deg C) to plus 104 deg F (plus 40 deg C). Altitude: Not exceeding 6600 feet (2000 m). Notify Owner no fewer than fifteen days in advance of proposed interruption of electric service. Do not proceed with interruption of electric service without Owner's written permission. Comply with NFPA 70E. COORDINATION Coordinate layout and installation of panelboards and components with other construction that penetrates walls or is supported by them, including electrical and other types of equipment, raceways, piping, encumbrances to workspace clearance requirements, and adjacent surfaces. Maintain required workspace clearances and required clearances for equipment access doors and panels. PART 2 - PRODUCTS 2.1 GENERAL REQUIREMENTS FOR PANELBOARDS A. Enclosures: Flush- and surface-mounted cabinets. 1. Rated for environmental conditions at installed location. a. b. c. d. 2. Indoor Dry and Clean Locations: NEMA 250, Type 1. Outdoor Locations: NEMA 250, Type 3R. Other Wet or Damp Indoor Locations: NEMA 250, Type 4. Indoor Locations Subject to Dust, Falling Dirt, and Dripping Noncorrosive Liquids: NEMA 250, Type 12. Hinged Front Cover: Entire front trim hinged to box and with standard door within hinged trim cover. PANELBOARDS 262416 - 3 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 3. Finishes: a. b. 4. Panels and Trim: Steel and galvanized steel, factory finished immediately after cleaning and pretreating with manufacturer's standard two-coat, baked-on finish consisting of prime coat and thermosetting topcoat. Back Boxes: Same finish as panels and trim. Directory Card: Inside panelboard door, mounted in metal frame with transparent protective cover. B. Incoming Mains Location: Top and bottom. C. Phase, Neutral, and Ground Buses: 1. 2. D. Material: Hard-drawn copper, 98 percent conductivity. Equipment Ground Bus: Adequate for feeder and branch-circuit equipment grounding conductors; bonded to box. Conductor Connectors: Suitable for use with conductor material and sizes. 1. 2. 3. 4. 5. 6. Material: Hard-drawn copper, 98 percent conductivity. Main and Neutral Lugs: Mechanical type. Ground Lugs and Bus-Configured Terminators: Mechanical type. Feed-Through Lugs: Mechanical type, suitable for use with conductor material. Locate at opposite end of bus from incoming lugs or main device. Subfeed (Double) Lugs: Mechanical type suitable for use with conductor material. Locate at same end of bus as incoming lugs or main device. Gutter-Tap Lugs: Mechanical type suitable for use with conductor material. Locate at same end of bus as incoming lugs or main device. E. Future Devices: Mounting brackets, bus connections, filler plates, and necessary appurtenances required for future installation of devices. F. Panelboard Short-Circuit Current Rating: Fully rated to interrupt symmetrical short-circuit current available at terminals. 2.2 PERFORMANCE REQUIREMENTS A. 2.3 Surge Suppression: Factory installed as an integral part of indicated panelboards, complying with UL 1449 SPD Type 2 where indicated on drawings. DISTRIBUTION PANELBOARDS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. 2. 3. Eaton Electrical Inc.; Cutler-Hammer Business Unit. General Electric Company; GE Consumer & Industrial - Electrical Distribution. Siemens Energy & Automation, Inc. PANELBOARDS 262416 - 4 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 4. Square D; a brand of Schneider Electric. B. Panelboards: NEMA PB 1, power and feeder distribution type. C. Doors: Secured with vault-type latch with tumbler lock; keyed alike. 1. For doors more than 36 inches (914 mm) high, provide two latches, keyed alike. D. Mains: Circuit breaker or Lugs only as indicated on drawings. E. Branch Overcurrent Protective Devices for Circuit-Breaker Frame Sizes Larger Than 125 A: Bolt-on circuit breakers; plug-in circuit breakers where individual positive-locking device requires mechanical release for removal. 2.4 LIGHTING AND APPLIANCE BRANCH-CIRCUIT PANELBOARDS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. 2. 3. 4. Eaton Electrical Inc.; Cutler-Hammer Business Unit. General Electric Company; GE Consumer & Industrial - Electrical Distribution. Siemens Energy & Automation, Inc. Square D; a brand of Schneider Electric. B. Panelboards: NEMA PB 1, lighting and appliance branch-circuit type. C. Mains: Circuit breaker or Lugs only as indicated on drawings. D. Branch Overcurrent Protective Devices: disturbing adjacent units. E. Doors: Concealed hinges; secured with flush latch with tumbler lock; keyed alike. 2.5 Bolt-on circuit breakers, replaceable without DISCONNECTING AND OVERCURRENT PROTECTIVE DEVICES A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. 2. 3. 4. B. Eaton Electrical Inc.; Cutler-Hammer Business Unit. General Electric Company; GE Consumer & Industrial - Electrical Distribution. Siemens Energy & Automation, Inc. Square D; a brand of Schneider Electric. Molded-Case Circuit Breaker (MCCB): Comply with UL 489, with interrupting capacity to meet available fault currents. 1. Thermal-Magnetic Circuit Breakers: Inverse time-current element for low-level overloads, and instantaneous magnetic trip element for short circuits. Adjustable magnetic trip setting for circuit-breaker frame sizes 250 A and larger. PANELBOARDS 262416 - 5 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 2. 3. 4. 5. 6. Adjustable Instantaneous-Trip Circuit Breakers: Magnetic trip element with frontmounted, field-adjustable trip setting. Electronic trip circuit breakers with rms sensing; field-replaceable rating plug or fieldreplicable electronic trip; and the following field-adjustable settings: a. Instantaneous trip. b. Long- and short-time pickup levels. c. Long- and short-time time adjustments. d. Ground-fault pickup level, time delay, and I2t response. GFCI Circuit Breakers: Single- and two-pole configurations with Class A ground-fault protection (6-mA trip). Ground-Fault Equipment Protection (GFEP) Circuit Breakers: Class B ground-fault protection (30-mA trip). Molded-Case Circuit-Breaker (MCCB) Features and Accessories: a. b. c. d. e. C. Standard frame sizes, trip ratings, and number of poles. Lugs: Mechanical style, suitable for number, size, trip ratings, and conductor materials. Application Listing: Appropriate for application; Type SWD for switching fluorescent lighting loads; Type HID for feeding fluorescent and high-intensity discharge (HID) lighting circuits. Ground-Fault Protection: Integrally mounted relay and trip unit with adjustable pickup and time-delay settings, push-to-test feature, and ground-fault indicator. Handle Clamp: Loose attachment, for holding circuit-breaker handle in on position. Fused Switch: NEMA KS 1, Type HD; clips to accommodate specified fuses; lockable handle. 1. 2. 3. Fuses, and Spare-Fuse Cabinet: Comply with requirements specified in Section 262813 "Fuses." Fused Switch Features and Accessories: Standard ampere ratings and number of poles. Auxiliary Contacts: One normally open and normally closed contact(s) that operate with switch handle operation. PART 3 - EXECUTION 3.1 EXAMINATION A. Receive, inspect, handle, and store panelboards according to NEMA PB 1.1. B. Examine panelboards before installation. Reject panelboards that are damaged or rusted or have been subjected to water saturation. C. Examine elements and surfaces to receive panelboards for compliance with installation tolerances and other conditions affecting performance of the Work. D. Proceed with installation only after unsatisfactory conditions have been corrected. PANELBOARDS 262416 - 6 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 3.2 INSTALLATION A. Install panelboards and accessories according to NEMA PB 1.1. B. Mount top of trim 90 inches (2286 mm) above finished floor unless otherwise indicated. C. Mount panelboard cabinet plumb and rigid without distortion of box. Mount recessed panelboards with fronts uniformly flush with wall finish and mating with back box. D. Install overcurrent protective devices and controllers not already factory installed. 1. Set field-adjustable, circuit-breaker trip ranges. E. Install filler plates in unused spaces. F. Arrange conductors in gutters into groups and bundle and wrap with wire ties after completing load balancing. G. Comply with NECA 1. H. Install handle clamp to all circuit breakers supporting fire alarm equipment. 3.3 IDENTIFICATION A. Identify field-installed conductors, interconnecting wiring, and components; provide warning signs complying with Section 260553 "Identification for Electrical Systems." B. Create a directory to indicate installed circuit loads after balancing panelboard loads; incorporate Owner's final room designations. Obtain approval before installing. Use a computer or typewriter to create directory; handwritten directories are not acceptable. C. Panelboard Nameplates: Label each panelboard with a nameplate complying with requirements for identification specified in Section 260553 "Identification for Electrical Systems." D. Device Nameplates: Label each branch circuit device in distribution panelboards with a nameplate complying with requirements for identification specified in Section 260553 "Identification for Electrical Systems." 3.4 FIELD QUALITY CONTROL A. Perform tests and inspections. B. Acceptance Testing Preparation: 1. 2. C. Test insulation resistance for each panelboard bus, component, connecting supply, feeder, and control circuit. Test continuity of each circuit. Tests and Inspections: PANELBOARDS 262416 - 7 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1. 2. 3. Perform each visual and mechanical inspection and electrical test stated in NETA Acceptance Testing Specification. Certify compliance with test parameters. Correct malfunctioning units on-site, where possible, and retest to demonstrate compliance; otherwise, replace with new units and retest. Perform the following infrared scan tests and inspections and prepare reports: a. b. c. Initial Infrared Scanning: After Substantial Completion, but not more than 60 days after Final Acceptance, perform an infrared scan of each panelboard. Remove front panels so joints and connections are accessible to portable scanner. Follow-up Infrared Scanning: Perform an additional follow-up infrared scan of each panelboard 11 months after date of Substantial Completion. Instruments and Equipment: 1) Use an infrared scanning device designed to measure temperature or to detect significant deviations from normal values. Provide calibration record for device. D. Panelboards will be considered defective if they do not pass tests and inspections. E. Prepare test and inspection reports, including a certified report that identifies panelboards included and that describes scanning results. Include notation of deficiencies detected, remedial action taken, and observations after remedial action. 3.5 ADJUSTING A. Adjust moving parts and operable component to function smoothly, and lubricate as recommended by manufacturer. B. Set field-adjustable circuit-breaker trip ranges as specified in Section 260573 "Overcurrent Protective Device Coordination Study." C. Load Balancing: After Substantial Completion, but not more than 60 days after Final Acceptance, measure load balancing and make circuit changes. 1. 2. 3. 4. Measure as directed during period of normal system loading. Perform load-balancing circuit changes outside normal occupancy/working schedule of the facility and at time directed. Avoid disrupting critical 24-hour services such as fax machines and on-line data processing, computing, transmitting, and receiving equipment. After circuit changes, recheck loads during normal load period. Record all load readings before and after changes and submit test records. Tolerance: Difference exceeding 20 percent between phase loads, within a panelboard, is not acceptable. Rebalance and recheck as necessary to meet this minimum requirement. END OF SECTION 262416 PANELBOARDS 262416 - 8 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University SECTION 262726 - WIRING DEVICES PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. 2. 1.2 Receptacles, receptacles with integral GFCI, and associated device plates. Snap switches. DEFINITIONS A. EMI: Electromagnetic interference. B. GFCI: Ground-fault circuit interrupter. C. Pigtail: Short lead used to connect a device to a branch-circuit conductor. 1.3 SUBMITTALS A. Product Data: For each type of product indicated. B. Shop Drawings: List of legends and description of materials and process used for premarking wall plates. 1.4 QUALITY ASSURANCE A. Source Limitations: Obtain each type of wiring device and associated wall plate through one source from a single manufacturer. Insofar as they are available, obtain all wiring devices and associated wall plates from a single manufacturer and one source. B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. C. Comply with NFPA 70. 1.5 COORDINATION A. Receptacles for Owner-Furnished Equipment: Match plug configurations. WIRING DEVICES 262726 - 1 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Manufacturers' Names: Shortened versions (shown in parentheses) of the following manufacturers' names are used in other Part 2 articles: 1. 2. 3. 4. 2.2 Cooper Wiring Devices; a division of Cooper Industries, Inc. (Cooper). Hubbell Incorporated; Wiring Device-Kellems (Hubbell). Leviton Mfg. Company Inc. (Leviton). Pass & Seymour/Legrand; Wiring Devices & Accessories (Pass & Seymour). STRAIGHT BLADE RECEPTACLES A. Convenience Receptacles, 125 V, 20 A: Comply with NEMA WD 1, NEMA WD 6 configuration 5-20R, and UL 498. 1. Products: Subject to compliance with requirements, provide one of the following: a. b. c. d. e. 2.3 Cooper; 5351 (single), 5352 (duplex). Hubbell; HBL5351 (single), CR5352 (duplex). Leviton; 5891 (single), 5352 (duplex). Pass & Seymour; 5381 (single), 5352 (duplex). Pass & Seymour; IG6300. GFCI RECEPTACLES A. General Description: Straight blade, non-feed-through type. Comply with NEMA WD 1, NEMA WD 6, UL 498, and UL 943, Class A, and include indicator light that is lighted when device is tripped. B. Duplex GFCI Convenience Receptacles, 125 V, 20 A: 1. Products: Subject to compliance with requirements, provide one of the following: a. b. 2.4 Cooper; GF20. Pass & Seymour; 2084. SNAP SWITCHES A. Comply with NEMA WD 1 and UL 20. B. Switches, 120/277 V, 20 A: 1. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, the following: a. b. WIRING DEVICES Cooper; 2221 (single pole), 2222 (two pole), 2223 (three way), 2224 (four way). Hubbell; CS1221 (single pole), CS1222 (two pole), CS1223 (three way), CS1224 (four way). 262726 - 2 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University c. d. 2.5 Leviton; 1221-2 (single pole), 1222-2 (two pole), 1223-2 (three way), 1224-2 (four way). Pass & Seymour; 20AC1 (single pole), 20AC2 (two pole), 20AC3 (three way), 20AC4 (four way). WALL PLATES A. 2.6 Single and combination types to match corresponding wiring devices. 1. Plate-Securing Screws: Metal with head color to match plate finish. 2. Material for Finished Spaces: 0.035-inch- (1-mm-) thick, satin-finished stainless steel. MULTIOUTLET ASSEMBLIES A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. 2. Hubbell Incorporated; Wiring Device-Kellems. Wiremold Company (The). B. Components of Assemblies: Products from a single manufacturer designed for use as a complete, matching assembly of raceways and receptacles. C. Raceway Material: Metal, with manufacturer's standard finish. D. Wire: No. 12 AWG. 2.7 FINISHES A. Color: Wiring device catalog numbers in Section Text do not designate device color. 1. 2. Wiring Devices Connected to Normal Power System: Gray or as required by NFPA 70 or device listing. Refer to drawings for additional information. Wiring Devices Connected to Emergency Power System: Red. PART 3 - EXECUTION 3.1 INSTALLATION A. Comply with NECA 1, including the mounting heights listed in that standard, unless otherwise noted. B. Coordination with Other Trades: WIRING DEVICES 262726 - 3 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1. 2. 3. 4. C. Take steps to insure that devices and their boxes are protected. Do not place wall finish materials over device boxes and do not cut holes for boxes with routers that are guided by riding against outside of the boxes. Keep outlet boxes free of plaster, drywall joint compound, mortar, cement, concrete, dust, paint, and other material that may contaminate the raceway system, conductors, and cables. Install device boxes in brick or block walls so that the cover plate does not cross a joint unless the joint is troweled flush with the face of the wall. Install wiring devices after all wall preparation, including painting, is complete. Conductors: 1. 2. 3. 4. Do not strip insulation from conductors until just before they are spliced or terminated on devices. Strip insulation evenly around the conductor using tools designed for the purpose. Avoid scoring or nicking of solid wire or cutting strands from stranded wire. The length of free conductors at outlets for devices shall meet provisions of NFPA 70, Article 300, without pigtails. Existing Conductors: a. b. c. D. Cut back and pigtail, or replace all damaged conductors. Straighten conductors that remain and remove corrosion and foreign matter. Pigtailing existing conductors is permitted provided the outlet box is large enough. Device Installation: 1. 2. 3. 4. 5. 6. 7. 8. 9. Replace all devices that have been in temporary use during construction or that show signs that they were installed before building finishing operations were complete. Keep each wiring device in its package or otherwise protected until it is time to connect conductors. Do not remove surface protection, such as plastic film and smudge covers, until the last possible moment. Connect devices to branch circuits using pigtails that are not less than 6 inches in length. When there is a choice, use side wiring with binding-head screw terminals. Wrap solid conductor tightly clockwise, 2/3 to 3/4 of the way around terminal screw. Use a torque screwdriver when a torque is recommended or required by the manufacturer. When conductors larger than No. 12 AWG are installed on 15- or 20-A circuits, splice No. 12 AWG pigtails for device connections. Tighten unused terminal screws on the device. When mounting into metal boxes, remove the fiber or plastic washers used to hold device mounting screws in yokes, allowing metal-to-metal contact. E. Device Plates: Do not use oversized or extra-deep plates. Repair wall finishes and remount outlet boxes when standard device plates do not fit flush or do not cover rough wall opening. F. Arrangement of Devices: Unless otherwise indicated, mount flush, with long dimension vertical and with grounding terminal of receptacles on top. Group adjacent switches under single, multi-gang wall plates. WIRING DEVICES 262726 - 4 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 3.2 IDENTIFICATION A. Comply with Division 26 Section "Identification for Electrical Systems." 1. 3.3 Receptacles: Identify panelboard and circuit number from which served. Use hot, stamped or engraved machine printing with black-filled lettering on face of plate, and durable wire markers or tags inside outlet boxes. FIELD QUALITY CONTROL 1. 2. 3. Line Voltage: Acceptable range is 105 to 132 V. Ground Impedance: Values of up to 2 ohms are acceptable. GFCI Trip: Test for tripping values specified in UL 1436 and UL 943. END OF SECTION 262726 WIRING DEVICES 262726 - 5 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University SECTION 262813 - FUSES PART 1 - GENERAL 1.1 SUMMARY A. 1.2 Section Includes: 1. Cartridge fuses rated 600-V ac and less for use in enclosed switches and panelbaords. 2. Spare fuse cabinet. ACTION SUBMITTALS A. Product Data: For each type of product indicated. Include construction details, material, dimensions, descriptions of individual components, and finishes for spare-fuse cabinets. Include the following for each fuse type indicated: 1. Ambient Temperature Adjustment Information: If ratings of fuses have been adjusted to accommodate ambient temperatures, provide list of fuses with adjusted ratings. a. b. 2. 3. 4. 5. 1.3 For each fuse having adjusted ratings, include location of fuse, original fuse rating, local ambient temperature, and adjusted fuse rating. Provide manufacturer's technical data on which ambient temperature adjustment calculations are based. Dimensions and manufacturer's technical data on features, performance, electrical characteristics, and ratings. Current-limitation curves for fuses with current-limiting characteristics. Coordination charts and tables and related data. Fuse sizes for elevator feeders and elevator disconnect switches. CLOSEOUT SUBMITTALS A. Operation and Maintenance Data: For fuses to include in emergency, operation, and maintenance manuals. In addition to items specified in Section 017823 "Operation and Maintenance Data," include the following: 1. 2. 3. 1.4 Ambient temperature adjustment information. Current-limitation curves for fuses with current-limiting characteristics. Coordination charts and tables and related data. MAINTENANCE MATERIAL SUBMITTALS A. FUSES Furnish extra materials that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 262813 - 1 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1. 1.5 Fuses: Equal to 10 percent of quantity installed for each size and type, but no fewer than two of each size and type. QUALITY ASSURANCE A. Source Limitations: Obtain fuses, for use within a specific product or circuit, from single source from single manufacturer. B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. C. Comply with NEMA FU 1 for cartridge fuses. D. Comply with NFPA 70. 1.6 PROJECT CONDITIONS A. 1.7 Where ambient temperature to which fuses are directly exposed is less than 40 deg F (5 deg C) or more than 100 deg F (38 deg C), apply manufacturer's ambient temperature adjustment factors to fuse ratings. COORDINATION A. Coordinate fuse ratings with utilization equipment nameplate limitations of maximum fuse size and with system short-circuit current levels. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. 2. 3. 4. 2.2 Cooper Bussmann, Inc. Edison Fuse, Inc. Ferraz Shawmut, Inc. Littelfuse, Inc. CARTRIDGE FUSES A. FUSES Characteristics: NEMA FU 1, nonrenewable cartridge fuses with voltage ratings consistent with circuit voltages. 262813 - 2 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 2.3 SPARE-FUSE CABINET A. Characteristics: Wall-mounted steel unit with full-length, recessed piano-hinged door and keycoded cam lock and pull. 1. 2. 3. 4. Size: Adequate for storage of spare fuses specified with 15 percent spare capacity minimum. Finish: Gray, baked enamel. Identification: "SPARE FUSES" in 1-1/2-inch- (38-mm-) high letters on exterior of door. Fuse Pullers: For each size of fuse, where applicable and available, from fuse manufacturer. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine fuses before installation. damaged. B. Examine holders to receive fuses for compliance with installation tolerances and other conditions affecting performance, such as rejection features. C. Examine utilization equipment nameplates and installation instructions. Install fuses of sizes and with characteristics appropriate for each piece of equipment. D. Evaluate ambient temperatures to determine if fuse rating adjustment factors must be applied to fuse ratings. E. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 Reject fuses that are moisture damaged or physically FUSE APPLICATIONS A. 3.3 Cartridge Fuses: 1. Feeders: Class J, time delay. 2. Motor Branch Circuits: Class RK1, time delay. 3. Other Branch Circuits: Class RK1, time delay. 4. Control Circuits: Class CC, fast acting. INSTALLATION A. Install fuses in fusible devices. removing fuse. B. Install spare-fuse cabinet(s). FUSES Arrange fuses so rating information is readable without 262813 - 3 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 3.4 IDENTIFICATION A. Install labels complying with requirements for identification specified in Section 260553 "Identification for Electrical Systems" and indicating fuse replacement information on inside door of each fused switch and adjacent to each fuse block, socket, and holder. END OF SECTION 262813 FUSES 262813 - 4 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University SECTION 262816 - ENCLOSED SWITCHES AND CIRCUIT BREAKERS PART 1 - GENERAL 1.1 SUMMARY A. 1.2 Section Includes: 1. Nonfusible switches. 2. Shunt trip switches. 3. Molded-case circuit breakers (MCCBs). 4. Enclosures. DEFINITIONS A. NC: Normally closed. B. NO: Normally open. C. SPDT: Single pole, double throw. 1.3 ACTION SUBMITTALS A. Product Data: For each type of enclosed switch, circuit breaker, accessory, and component indicated. Include dimensioned elevations, sections, weights, and manufacturers' technical data on features, performance, electrical characteristics, ratings, accessories, and finishes. 1. 2. 3. 4. 5. B. Shop Drawings: For enclosed switches and circuit breakers. Include plans, elevations, sections, details, and attachments to other work. 1. 1.4 Enclosure types and details for types other than NEMA 250, Type 1. Current and voltage ratings. Short-circuit current ratings (interrupting and withstand, as appropriate). Include evidence of NRTL listing for series rating of installed devices. Detail features, characteristics, ratings, and factory settings of individual overcurrent protective devices, accessories, and auxiliary components. Wiring Diagrams: For power, signal, and control wiring. CLOSEOUT SUBMITTALS A. Operation and Maintenance Data: For enclosed switches and circuit breakers to include in emergency, operation, and maintenance manuals. Include the following: 1. Manufacturer's written instructions for testing and adjusting enclosed switches and circuit breakers. ENCLOSED SWITCHES AND CIRCUIT BREAKERS 262816 - 1 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1.5 QUALITY ASSURANCE A. Source Limitations: Obtain enclosed switches and circuit breakers, overcurrent protective devices, components, and accessories, within same product category, from single source from single manufacturer. B. Product Selection for Restricted Space: Drawings indicate maximum dimensions for enclosed switches and circuit breakers, including clearances between enclosures, and adjacent surfaces and other items. Comply with indicated maximum dimensions. C. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. D. Comply with NFPA 70. 1.6 PROJECT CONDITIONS A. Environmental Limitations: Rate equipment for continuous operation under the following conditions unless otherwise indicated: 1. 2. B. Interruption of Existing Electric Service: Do not interrupt electric service to facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary electric service according to requirements indicated: 1. 2. 3. 4. 1.7 Ambient Temperature: Not less than minus 22 deg F (minus 30 deg C) and not exceeding 104 deg F (40 deg C). Altitude: Not exceeding 6600 feet (2010 m). Notify Owner no fewer than fifteen days in advance of proposed interruption of electric service. Indicate method of providing temporary electric service. Do not proceed with interruption of electric service without Owner's written permission. Comply with NFPA 70E. COORDINATION A. Coordinate layout and installation of switches, circuit breakers, and components with equipment served and adjacent surfaces. Maintain required workspace clearances and required clearances for equipment access doors and panels. PART 2 - PRODUCTS 2.1 NONFUSIBLE SWITCHES A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Eaton Electrical Inc.; Cutler-Hammer Business Unit. ENCLOSED SWITCHES AND CIRCUIT BREAKERS 262816 - 2 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 2. 3. 4. General Electric Company; GE Consumer & Industrial - Electrical Distribution. Siemens Energy & Automation, Inc. Square D; a brand of Schneider Electric. B. Type HD, Heavy Duty, Single Throw, 600-V ac, 1200 A and Smaller: UL 98 and NEMA KS 1, horsepower rated, lockable handle with capability to accept three padlocks, and interlocked with cover in closed position. C. Accessories: 1. 2. 3. 2.2 Equipment Ground Kit: Internally mounted and labeled for copper and aluminum ground conductors. Neutral Kit: Internally mounted; insulated, capable of being grounded and bonded; labeled for copper and aluminum neutral conductors. Lugs: Mechanical type, suitable for number, size, and conductor material. MOLDED-CASE CIRCUIT BREAKERS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. 2. 3. 4. Eaton Electrical Inc.; Cutler-Hammer Business Unit. General Electric Company; GE Consumer & Industrial - Electrical Distribution. Siemens Energy & Automation, Inc. Square D; a brand of Schneider Electric. B. General Requirements: Comply with UL 489, NEMA AB 1, and NEMA AB 3, with interrupting capacity to comply with available fault currents. C. Thermal-Magnetic Circuit Breakers: Inverse time-current element for low-level overloads and instantaneous magnetic trip element for short circuits. Adjustable magnetic trip setting for circuit-breaker frame sizes 250 A and larger. D. Features and Accessories: 1. 2. 3. 4. 5. 2.3 Standard frame sizes, trip ratings, and number of poles. Lugs: Mechanical type, suitable for number, size, trip ratings, and conductor material. Application Listing: Appropriate for application; Type SWD for switching fluorescent lighting loads; Type HID for feeding fluorescent and high-intensity discharge lighting circuits. Shunt Trip: Trip coil energized from separate circuit, with coil-clearing contact. Provide where indicated on drawings. Auxiliary Contacts: One SPDT switch with "a" and "b" contacts; "a" contacts mimic circuit-breaker contacts, "b" contacts operate in reverse of circuit-breaker contacts. ENCLOSURES A. Enclosed Switches and Circuit Breakers: NEMA AB 1, NEMA KS 1, NEMA 250, and UL 50, to comply with environmental conditions at installed location. ENCLOSED SWITCHES AND CIRCUIT BREAKERS 262816 - 3 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1. 2. 3. 4. Indoor, Dry and Clean Locations: NEMA 250, Type 1. Outdoor Locations: NEMA 250, Type 3R. Other Wet or Damp, Indoor Locations: NEMA 250, Type 4 Indoor Locations Subject to Dust, Falling Dirt, and Dripping Noncorrosive Liquids: NEMA 250, Type 12. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine elements and surfaces to receive enclosed switches and circuit breakers for compliance with installation tolerances and other conditions affecting performance of the Work. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 INSTALLATION A. Install individual wall-mounted switches and circuit breakers with tops at uniform height unless otherwise indicated. B. Comply with NECA 1. 3.3 IDENTIFICATION A. Comply with requirements in Section 260553 "Identification for Electrical Systems." 1. 2. 3.4 Identify field-installed conductors, interconnecting wiring, and components; provide warning signs. Label each enclosure with engraved metal or laminated-plastic nameplate. FIELD QUALITY CONTROL A. Acceptance Testing Preparation: 1. 2. B. Test insulation resistance for each enclosed switch and circuit breaker, component, connecting supply, feeder, and control circuit. Test continuity of each circuit. Tests and Inspections: 1. 2. 3. Perform each visual and mechanical inspection and electrical test stated in NETA Acceptance Testing Specification. Certify compliance with test parameters. Correct malfunctioning units on-site, where possible, and retest to demonstrate compliance; otherwise, replace with new units and retest. Perform the following infrared scan tests and inspections and prepare reports: ENCLOSED SWITCHES AND CIRCUIT BREAKERS 262816 - 4 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University a. b. c. 4. Initial Infrared Scanning: After Substantial Completion, but not more than 60 days after Final Acceptance, perform an infrared scan of each enclosed switch and circuit breaker. Remove front panels so joints and connections are accessible to portable scanner. Follow-up Infrared Scanning: Perform an additional follow-up infrared scan of each enclosed switch and circuit breaker 11 months after date of Substantial Completion. Instruments and Equipment: Use an infrared scanning device designed to measure temperature or to detect significant deviations from normal values. Provide calibration record for device. Test and adjust controls, remote monitoring, and safeties. malfunctioning controls and equipment. Replace damaged and C. Enclosed switches and circuit breakers will be considered defective if they do not pass tests and inspections. D. Prepare test and inspection reports, including a certified report that identifies enclosed switches and circuit breakers and that describes scanning results. Include notation of deficiencies detected, remedial action taken, and observations after remedial action. 3.5 ADJUSTING A. Adjust moving parts and operable components to function smoothly, and lubricate as recommended by manufacturer. B. Set field-adjustable circuit-breaker trip ranges as specified in Section 260573 "Overcurrent Protective Device Coordination Study." END OF SECTION 262816 ENCLOSED SWITCHES AND CIRCUIT BREAKERS 262816 - 5 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University SECTION 263213 - ENGINE GENERATORS PART 1 - GENERAL 1.1 SUMMARY A. This Section includes packaged engine-generator sets for emergency power supply with the following features: 1. 2. 3. 4. 5. B. Related Sections include the following: 1. 1.2 Diesel engine. Unit-mounted cooling system. Unit-mounted control and monitoring with remote alarm panel. Provisions for connection of a portable load bank. Outdoor enclosure. Section 263600 "Transfer Switches" for transfer switches including sensors and relays to initiate automatic-starting and -stopping signals for engine-generator sets. DEFINITIONS A. 1.3 Operational Bandwidth: The total variation from the lowest to highest value of a parameter over the range of conditions indicated, expressed as a percentage of the nominal value of the parameter. ACTION SUBMITTALS A. Product Data: For each type of packaged engine generator indicated. Include rated capacities, operating characteristics, and furnished specialties and accessories. In addition, include the following: 1. 2. B. Thermal damage curve for generator. Time-current characteristic curves for generator protective device. Shop Drawings: Detail equipment assemblies and indicate dimensions, weights, loads, required clearances, method of field assembly, components, and location and size of each field connection. 1. 2. Dimensioned outline plan and elevation drawings of engine-generator set and other components specified. Design Calculations: Signed and sealed by a qualified professional engineer. Calculate requirements for selecting vibration isolators and seismic restraints and for designing vibration isolation bases. ENGINE GENERATORS 263213 - 1 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 3. 4. 1.4 Vibration Isolation Base Details: Signed and sealed by a qualified professional engineer. Detail fabrication, including anchorages and attachments to structure and to supported equipment. Include base weights. Wiring Diagrams: Power, signal, and control wiring. INFORMATIONAL SUBMITTALS A. Source quality-control test reports. 1. Report of factory test on units to be shipped for this Project, showing evidence of compliance with specified requirements. 2. Report of sound generation. 3. Report of exhaust emissions showing compliance with applicable regulations. 4. Certified Torsional Vibration Compatibility: Comply with NFPA 110. B. Field quality-control test reports. C. Warranty: Special warranty specified in this Section. 1.5 CLOSEOUT SUBMITTALS A. Operation and Maintenance Data: For packaged engine generators to include in emergency, operation, and maintenance manuals. Include the following: 1. 1.6 List of tools and replacement items recommended to be stored at Project for ready access. Include part and drawing numbers, current unit prices, and source of supply. MAINTENANCE MATERIAL SUBMITTALS A. Furnish extra materials described below that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. 2. 3. 1.7 Fuses: One for every 10 of each type and rating, but no fewer than one of each. Indicator Lamps: Two for every six of each type used, but no fewer than two of each. Filters: One set each of lubricating oil, fuel, and combustion-air filters. QUALITY ASSURANCE A. Installer Qualifications: Manufacturer's authorized representative who is trained and approved for installation of units required for this Project. 1. 2. Maintenance Proximity: Not more than four hours' normal travel time from Installer's place of business to Project site. Engineering Responsibility: Preparation of data for vibration isolators and seismic restraints of engine skid mounts, including Shop Drawings, based on testing and engineering analysis of manufacturer's standard units in assemblies similar to those indicated for this Project. ENGINE GENERATORS 263213 - 2 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University B. Manufacturer Qualifications: A qualified manufacturer. Maintain, within 200 miles (321 km) of Project site, a service center capable of providing training, parts, and emergency maintenance repairs. C. Source Limitations: Obtain packaged generator sets and auxiliary components through one source from a single manufacturer. D. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. E. Comply with ASME B15.1. F. Comply with NFPA 37. G. Comply with NFPA 70. H. Comply with NFPA 110 requirements for Level 1 emergency power supply system. I. Comply with UL 2200. J. Engine Exhaust Emissions: Comply with applicable state and local government requirements. K. Noise Emission: Comply with applicable state and local government requirements for maximum noise level at adjacent property boundaries due to sound emitted by generator set including engine, engine exhaust, engine cooling-air intake and discharge, and other components of installation. 1.8 PROJECT CONDITIONS A. Interruption of Existing Electrical Service: Do not interrupt electrical service to facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary electrical service according to requirements indicated: 1. 2. B. Notify Owner no fewer than fifteen days in advance of proposed interruption of electrical service. Do not proceed with interruption of electrical service without Owner's written permission. Environmental Conditions: Engine-generator system shall withstand the following environmental conditions without mechanical or electrical damage or degradation of performance capability: 1. 2. 3. Ambient Temperature: 5 to 40 deg C. Relative Humidity: 0 to 95 percent. Altitude: Sea level to 1100 feet (300 m). ENGINE GENERATORS 263213 - 3 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1.9 COORDINATION A. Coordinate size and location of concrete bases for package engine generators . Cast anchor-bolt inserts into bases. Concrete, reinforcement, and formwork requirements are specified with concrete. B. Limited Space. The space available for the installation of the emergency generator is limited. Refer to drawings. Dimensions of weatherproof enclosure shall afford 48” clear on all sides of the unit to allow for maintenance. 1.10 A. WARRANTY Special Warranty: Manufacturer's standard form in which manufacturer agrees to repair or replace components of packaged engine generators and associated auxiliary components that fail in materials or workmanship within specified warranty period. 1. 1.11 A. Warranty Period: Five years from date of Substantial Completion. MAINTENANCE SERVICE Initial Maintenance Service: Beginning at Substantial Completion, provide 12 months' full maintenance by skilled employees of manufacturer's designated service organization. Include quarterly exercising to check for proper starting, load transfer, and running under load. Include routine preventive maintenance as recommended by manufacturer and adjusting as required for proper operation. Provide parts and supplies same as those used in the manufacture and installation of original equipment. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include the following: 1. 2. 3. 4. 5. 2.2 Caterpillar; Engine Div. Generac Power Systems, Inc. Kohler Co. Onan/Cummins Power Generation; Industrial Business Group. Spectrum Detroit Diesel. ENGINE-GENERATOR SET A. Factory-assembled and -tested, engine-generator set. B. Mounting Frame: Maintain alignment of mounted components without depending on concrete foundation; and have lifting attachments. ENGINE GENERATORS 263213 - 4 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1. C. Capacities and Characteristics: 1. 2. 3. D. Power Output Ratings: Nominal ratings as indicated. Output Connections: Three-phase, four wire. Nameplates: For each major system component to identify manufacturer's name and address, and model and serial number of component. Generator-Set Performance: 1. 2. 3. 4. 5. 6. 7. 8. 2.3 Rigging Diagram: Inscribed on metal plate permanently attached to mounting frame to indicate location and lifting capacity of each lifting attachment and generator-set center of gravity. Steady-State Voltage Operational Bandwidth: 3 percent of rated output voltage from no load to full load. Transient Voltage Performance: Not more than 20 percent variation for 50 percent stepload increase or decrease. Voltage shall recover and remain within the steady-state operating band within three seconds. Steady-State Frequency Operational Bandwidth: 0.5 percent of rated frequency from no load to full load. Steady-State Frequency Stability: When system is operating at any constant load within the rated load, there shall be no random speed variations outside the steady-state operational band and no hunting or surging of speed. Transient Frequency Performance: Less than 5 percent variation for 50 percent step-load increase or decrease. Frequency shall recover and remain within the steady-state operating band within five seconds. Output Waveform: At no load, harmonic content measured line to line or line to neutral shall not exceed 5 percent total and 3 percent for single harmonics. Telephone influence factor, determined according to NEMA MG 1, shall not exceed 50 percent. Sustained Short-Circuit Current: For a 3-phase, bolted short circuit at system output terminals, system shall supply a minimum of 250 percent of rated full-load current for not less than 10 seconds and then clear the fault automatically, without damage to generator system components. Start Time: Comply with NFPA 110, Type 10, system requirements. ENGINE A. Fuel: Fuel oil, Grade DF-2. B. Rated Engine Speed: 1800 rpm. C. Maximum Piston Speed for Four-Cycle Engines: 2250 fpm (11.4 m/s). D. Lubrication System: The following items are mounted on engine or skid: 1. 2. Filter and Strainer: Rated to remove 90 percent of particles 5 micrometers and smaller while passing full flow. Thermostatic Control Valve: Control flow in system to maintain optimum oil temperature. Unit shall be capable of full flow and is designed to be fail-safe. ENGINE GENERATORS 263213 - 5 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 3. E. Crankcase Drain: Arranged for complete gravity drainage to an easily removable container with no disassembly and without use of pumps, siphons, special tools, or appliances. Engine Fuel System: 1. 2. 3. Main Fuel Pump: Mounted on engine. Pump ensures adequate primary fuel flow under starting and load conditions. Parallel Fuel Oil Filters: Ahead of injection pumps. Changeover valves allow independent use of either filter. Provide duplex fuel water separators. Relief-Bypass Valve: Automatically regulates pressure in fuel line and returns excess fuel to source. F. Coolant Jacket Heater: Electric-immersion type, factory installed in coolant jacket system. Comply with NFPA 110 requirements for Level 1 equipment for heater capacity. G. Governor: Adjustable isochronous, with speed sensing. H. Cooling System: Closed loop, liquid cooled, with radiator factory mounted on enginegenerator-set mounting frame and integral engine-driven coolant pump. 1. 2. 3. 4. Coolant: Solution of 50 percent ethylene-glycol-based antifreeze and 50 percent water, with anticorrosion additives as recommended by engine manufacturer. Size of Radiator: Adequate to contain expansion of total system coolant from cold start to 110 percent load condition. Temperature Control: Self-contained, thermostatic-control valve modulates coolant flow automatically to maintain optimum constant coolant temperature as recommended by engine manufacturer. Coolant Hose: Flexible assembly with inside surface of nonporous rubber and outer covering of aging-, ultraviolet-, and abrasion-resistant fabric. a. b. I. Rating: 50-psig (345-kPa) maximum working pressure with coolant at 180 deg F (82 deg C), and noncollapsible under vacuum. End Fittings: Flanges or steel pipe nipples with clamps to suit piping and equipment connections. Cooling System: Closed loop, liquid cooled, with remote radiator and integral engine-driven coolant pump. 1. 2. 3. 4. 5. 6. Configuration: Vertical air discharge. Radiator Core Tubes: Aluminum. Size of Radiator: Adequate to contain expansion of total system coolant from cold start to 110 percent load condition. Fan: Driven by multiple belts from engine shaft or totally enclosed electric motor with sealed bearings. Coolant: Solution of 50 percent ethylene-glycol-based antifreeze and 50 percent water, with anticorrosion additives as recommended by engine manufacturer. Temperature Control: Self-contained, thermostatic-control valve modulates coolant flow automatically to maintain optimum constant coolant temperature as recommended by engine manufacturer. ENGINE GENERATORS 263213 - 6 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University J. Muffler/Silencer: Critical type, sized as recommended by engine manufacturer and selected with exhaust piping system to not exceed engine manufacturer's engine backpressure requirements. 1. 2. 3. Minimum sound attenuation of 25 dB at 500 Hz. Sound level measured at a distance of 23 feet (7 m) from exhaust discharge after installation is complete shall be 73 dBA or less. Muffler is mounted within the weatherproof enclosure. K. Air-Intake Filter: Heavy-duty, engine-mounted air cleaner with replaceable dry-filter element and "blocked filter" indicator. L. Starting System: 24-V electric, with negative ground. 1. 2. 3. 4. 5. 6. 7. Components: Sized so they will not be damaged during a full engine-cranking cycle with ambient temperature at maximum specified in Part 1 "Project Conditions" Article. Cranking Motor: Heavy-duty unit that automatically engages and releases from engine flywheel without binding. Cranking Cycle: As required by NFPA 110 for system level specified. Battery: Adequate capacity within ambient temperature range specified in Part 1 "Project Conditions" Article to provide specified cranking cycle at least twice without recharging. Battery Cable: Size as recommended by engine manufacturer for cable length indicated. Include required interconnecting conductors and connection accessories. Battery-Charging Alternator: Factory mounted on engine with solid-state voltage regulation and 35-A minimum continuous rating. Battery Charger: Current-limiting, automatic-equalizing and float-charging type. Unit shall comply with UL 1236 and include the following features: a. b. c. d. e. f. 2.4 Operation: Equalizing-charging rate of 10 A shall be initiated automatically after battery has lost charge until an adjustable equalizing voltage is achieved at battery terminals. Unit shall then be automatically switched to a lower float-charging mode and shall continue to operate in that mode until battery is discharged again. Automatic Temperature Compensation: Adjust float and equalize voltages for variations in ambient temperature from minus 40 deg C to plus 60 deg C to prevent overcharging at high temperatures and undercharging at low temperatures. Automatic Voltage Regulation: Maintain constant output voltage regardless of input voltage variations up to plus or minus 10 percent. Ammeter and Voltmeter: Flush mounted in door. Meters shall indicate charging rates. Safety Functions: Sense abnormally low battery voltage and close contacts providing low battery voltage indication on control and monitoring panel. Sense high battery voltage and loss of ac input or dc output of battery charger. Either condition shall close contacts that provide a battery-charger malfunction indication at system control and monitoring panel. Enclosure and Mounting: NEMA 250, Type 1, wall-mounted cabinet. FUEL OIL STORAGE A. Comply with NFPA 30. ENGINE GENERATORS 263213 - 7 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University B. Comply with Georgia Environmental Finance Authority (GEFA) Design Guidelines for Generator Fuel Storage Systems issued January 1, 2012. C. Base-Mounted Fuel Oil Tank: Factory installed and piped, complying with UL 142 fuel oil tank. Features include the following: 1. 2. 3. 4. 5. 6. 2.5 Tank level indicator. Capacity: Fuel for twelve hours' continuous operation at 100 percent rated power output. Vandal-resistant fill cap. Provide 5-gallon fuel spill bucket at fuel fill port. Provide leak detection and interface with generator monitoring system. Provide 2” minimum air gap (integrated with tank construction) below the bottom of the tank. CONTROL AND MONITORING A. Automatic Starting System Sequence of Operation: When mode-selector switch on the control and monitoring panel is in the automatic position, remote-control contacts in one or more separate automatic transfer switches initiate starting and stopping of generator set. When modeselector switch is switched to the on position, generator set starts. The off position of same switch initiates generator-set shutdown. When generator set is running, specified system or equipment failures or derangements automatically shut down generator set and initiate alarms. Operation of a remote emergency-stop switch also shuts down generator set. B. Configuration: Operating and safety indications, protective devices, basic system controls, and engine gages shall be grouped in a common control and monitoring panel mounted on the generator set. Mounting method shall isolate the control panel from generator-set vibration. 1. Current and Potential Transformers: Instrument accuracy class. C. Indicating and Protective Devices and Controls: As required by NFPA 110 for Level 1 system, and the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. AC voltmeter. AC ammeter. AC frequency meter. DC voltmeter (alternator battery charging). Engine-coolant temperature gage. Engine lubricating-oil pressure gage. Running-time meter. Ammeter-voltmeter, phase-selector switch(es). Generator-voltage adjusting rheostat. Fuel tank derangement alarm. Refer to Georgia Environmental Finance Authority (GEFA) Design Guidelines for Generator Fuel Storage Systems issued January 1, 2012. Fuel tank high-level shutdown of fuel supply alarm. Refer to Georgia Environmental Finance Authority (GEFA) Design Guidelines for Generator Fuel Storage Systems issued January 1, 2012. Generator overload. ENGINE GENERATORS 263213 - 8 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University D. Supporting Items: Include sensors, transducers, terminals, relays, and other devices and include wiring required to support specified items. Locate sensors and other supporting items on engine or generator, unless otherwise indicated. E. Common Remote Audible Alarm: Comply with NFPA 110 requirements for Level 1 systems. Include necessary contacts and terminals in control and monitoring panel. 1. 2. 3. 4. 5. F. 2.6 Overcrank shutdown. Coolant low-temperature alarm. Control switch not in auto position. Battery-charger malfunction alarm. Battery low-voltage alarm. Remote Emergency-Stop Switch: Flush; wall mounted where shown on drawings and labeled. Push button shall be protected from accidental operation. GENERATOR OVERCURRENT AND FAULT PROTECTION A. Generator Circuit Breaker: Molded-case, electronic-trip type; 100 percent rated; complying with UL 489. 1. 2. 3. 4. 2.7 Tripping Characteristics: Adjustable long-time and short-time delay and instantaneous. Trip Settings: Selected to coordinate with generator thermal damage curve. Shunt Trip: Connected to trip breaker when generator set is shut down by other protective devices. Mounting: Adjacent to or integrated with control and monitoring panel. GENERATOR, EXCITER, AND VOLTAGE REGULATOR A. Comply with NEMA MG 1. B. Drive: Generator shaft shall be directly connected to engine shaft. Exciter shall be rotated integrally with generator rotor. C. Electrical Insulation: Class H or Class F. D. Stator-Winding Leads: Brought out to terminal box to permit future reconnection for other voltages if required. E. Construction shall prevent mechanical, electrical, and thermal damage due to vibration, overspeed up to 125 percent of rating, and heat during operation at 110 percent of rated capacity. F. Enclosure: Dripproof. G. Instrument Transformers: Mounted within generator enclosure. H. Voltage Regulator: Solid-state type, separate from exciter, providing performance as specified. ENGINE GENERATORS 263213 - 9 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1. Adjusting rheostat on control and monitoring panel shall provide plus or minus 5 percent adjustment of output-voltage operating band. I. Strip Heater: Thermostatically controlled unit arranged to maintain stator windings above dew point. J. Windings: Two-thirds pitch stator winding and fully linked amortisseur winding. K. Subtransient Reactance: 12 percent, maximum. 2.8 OUTDOOR GENERATOR-SET ENCLOSURE A. Description: Vandal-resistant, weatherproof steel housing, wind resistant up to 100 mph (160 km/h). Multiple panels shall be lockable and provide adequate access to components requiring maintenance. Panels shall be removable by one person without tools. Instruments and control shall be mounted within enclosure. B. Enclosure package sound level measured at a distance of 23 feet (7 m) shall be 73 dBA or less (Level 2 sound attenuation). C. Engine Cooling Airflow through Enclosure: Maintain temperature rise of system components within required limits when unit operates at 110 percent of rated load for 2 hours with ambient temperature at top of range specified in system service conditions. 1. 2. 2.9 Louvers: Fixed-engine, cooling-air inlet and discharge. Storm-proof and drainable louvers prevent entry of rain and snow. Automatic Dampers: At engine cooling-air inlet and discharge. Dampers shall be closed to reduce enclosure heat loss in cold weather when unit is not operating. FINISHES A. 2.10 A. Indoor and Outdoor Enclosures and Components: Manufacturer's standard finish over corrosion-resistant pretreatment and compatible primer. SOURCE QUALITY CONTROL Project-Specific Equipment Tests: Before shipment, factory test engine-generator set and other system components and accessories manufactured specifically for this Project. Perform tests at rated load and power factor. Include the following tests: 1. 2. 3. 4. 5. 6. 7. Test components and accessories furnished with installed unit that are not identical to those on tested prototype to demonstrate compatibility and reliability. Full load run. Maximum power. Voltage regulation. Transient and steady-state governing. Single-step load pickup. Safety shutdown. ENGINE GENERATORS 263213 - 10 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 8. 2.11 A. Report factory test results within 10 days of completion of test. LOAD STARTING SEQUENCE. The generator shall be capable of supporting the following loads in a step sequence: 1. Emergency Lighting. Fluorescent. 46.5 kW at 277-volt. Step 1. 2. Alarm Panels, Miscellaneous Receptacles, Spare. 36 kW at 120-volt. Step 1. 3. Elevator Machine Room Air Conditioning. 7.5 Tons at 480-volts, 3-phase. Step 2. 4. Freight Elevator. Electric Traction Type. 30-hp at 480-volts, 3-phase. Solid State starting. Cycles on/off. Step 2. 5. Passenger Elevator. Electric Traction Type. 20-hp at 480-volts, 3-phase. Solid State starting. Cycles on/off. Step 2. 6. Electric Fire Pump. 75 hp at 480-volts, 3-phase. Across-the-Line starting. Step 3. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas, equipment bases, and conditions, with Installer present, for compliance with requirements for installation and other conditions affecting packaged engine-generator performance. B. Examine roughing-in of piping systems and electrical connections. Verify actual locations of connections before packaged engine-generator installation. C. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 INSTALLATION A. Comply with packaged engine-generator manufacturers' written installation and alignment instructions and with NFPA 110. B. Comply with Georgia Environmental Finance Authority (GEFA) Design Guidelines for Generator Fuel Storage Systems issued January 1, 2012. C. Provide 2” minimum air gap below the bottom of the tank and the existing concrete topping slab. D. Install packaged engine generator to provide access, without removing connections or accessories, for periodic maintenance. E. Install packaged engine generator on cast-in-place concrete equipment bases. Comply with requirements for equipment bases and foundations as shown on drawings F. Electrical Wiring: Install electrical devices furnished by equipment manufacturers but not specified to be factory mounted. ENGINE GENERATORS 263213 - 11 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 3.3 CONNECTIONS A. Piping installation requirements are specified in other Sections. Drawings indicate general arrangement of piping and specialties. B. Connect fuel, cooling-system, and exhaust-system piping adjacent to packaged engine generator to allow service and maintenance. C. Connect cooling-system water piping to engine-generator set with flexible connectors. D. Connect engine exhaust pipe to engine with flexible connector. E. Ground equipment according to Section 260526 "Grounding and Bonding for Electrical Systems." F. Connect wiring according to Section 260519 "Low-Voltage Electrical Power Conductors and Cables." 3.4 IDENTIFICATION A. 3.5 Identify system components according to Section 260553 "Identification for Electrical Systems." FIELD QUALITY CONTROL A. Manufacturer's Field Service: Engage a factory-authorized service representative to inspect, test, and adjust components, assemblies, and equipment installations, including connections. Report results in writing. B. Perform tests and inspections and prepare test reports. 1. C. Manufacturer's Field Service: Engage a factory-authorized service representative to inspect components, assemblies, and equipment installations, including connections, and to assist in testing. Tests and Inspections: 1. Provide fuel for all generator testing and provide a full fuel tank at the completion of the project. 2. Perform tests recommended by manufacturer and each electrical test and visual and mechanical inspection (except those indicated to be optional) for "AC Generators and for Emergency Systems" specified in NETA Acceptance Testing Specification. Certify compliance with test parameters. 3. NFPA 110 Acceptance Tests: Perform tests required by NFPA 110 that are additional to those specified here including, but not limited to, single-step full-load pickup test. 4. Battery Tests: Equalize charging of battery cells according to manufacturer's written instructions. Record individual cell voltages. ENGINE GENERATORS 263213 - 12 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University a. b. c. d. 5. 6. 7. Measure charging voltage and voltages between available battery terminals for full-charging and float-charging conditions. Check electrolyte level and specific gravity under both conditions. Test for contact integrity of all connectors. Perform an integrity load test and a capacity load test for the battery. Verify acceptance of charge for each element of the battery after discharge. Verify that measurements are within manufacturer's specifications. Battery-Charger Tests: Verify specified rates of charge for both equalizing and floatcharging conditions. System Integrity Tests: Methodically verify proper installation, connection, and integrity of each element of engine-generator system before and during system operation. Check for air, exhaust, and fluid leaks. Exhaust-System Back-Pressure Test: Use a manometer with a scale exceeding 40-inch wg (120 kPa). Connect to exhaust line close to engine exhaust manifold. Verify that back pressure at full-rated load is within manufacturer's written allowable limits for the engine. D. Coordinate tests with tests for transfer switches and run them concurrently. E. Test instruments shall have been calibrated within the last 12 months, traceable to standards of NIST, and adequate for making positive observation of test results. Make calibration records available for examination on request. F. Leak Test: After installation, charge system and test for leaks. Repair leaks and retest until no leaks exist. G. Operational Test: After electrical circuitry has been energized, start units to confirm proper motor rotation and unit operation. H. Test and adjust controls and safeties. equipment. I. Remove and replace malfunctioning units and retest as specified above. J. Retest: Correct deficiencies identified by tests and observations and retest until specified requirements are met. K. Report results of tests and inspections in writing. Record adjustable relay settings and measured insulation resistances, time delays, and other values and observations. Attach a label or tag to each tested component indicating satisfactory completion of tests. L. Infrared Scanning: After Substantial Completion, but not more than 60 days after Final Acceptance, perform an infrared scan of each power wiring termination and each bus connection. Remove all access panels so terminations and connections are accessible to portable scanner. 1. 2. Replace damaged and malfunctioning controls and Follow-up Infrared Scanning: Perform an additional follow-up infrared scan 11 months after date of Substantial Completion. Instrument: Use an infrared scanning device designed to measure temperature or to detect significant deviations from normal values. Provide calibration record for device. ENGINE GENERATORS 263213 - 13 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 3. 3.6 Record of Infrared Scanning: Prepare a certified report that identifies terminations and connections checked and that describes scanning results. Include notation of deficiencies detected, remedial action taken, and observations after remedial action. DEMONSTRATION A. Engage a factory-authorized service representative to train Owner's maintenance personnel to adjust, operate, and maintain packaged engine generators. END OF SECTION 263213 ENGINE GENERATORS 263213 - 14 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University SECTION 263600 - TRANSFER SWITCHES PART 1 - GENERAL 1.1 SUMMARY A. Section includes transfer switches rated 600 V and less, including the following: 1. B. Related Requirements: 1. 1.2 Automatic transfer switches. Section 14 21 00 "TRACTION ELEVATORS”. ACTION SUBMITTALS A. Product Data: For each type of product indicated. Include rated capacities, weights, operating characteristics, furnished specialties, and accessories. B. Shop Drawings: Dimensioned plans, elevations, sections, and details showing minimum clearances, conductor entry provisions, gutter space, installed features and devices, and material lists for each switch specified. 1. 1.3 Single-Line Diagram: Show connections between transfer switch, power sources, and load. CLOSEOUT SUBMITTALS A. Operation and Maintenance Data: For each type of product to include in emergency, operation, and maintenance manuals. In addition to items specified in Section 017823 "Operation and Maintenance Data," include the following: 1. 2. 1.4 Features and operating sequences, both automatic and manual. List of all factory settings of relays; provide relay-setting and calibration instructions, including software, where applicable. QUALITY ASSURANCE A. Manufacturer Qualifications: Maintain a service center capable of providing training, parts, and emergency maintenance repairs within a response period of less than eight hours from time of notification. B. Source Limitations: Obtain automatic transfer switches through one source from a single manufacturer. TRANSFER SWITCHES 263600 - 1 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University C. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. D. Comply with NEMA ICS 1. E. Comply with NFPA 70. F. Comply with NFPA 110. G. Comply with UL 1008 unless requirements of these Specifications are stricter. 1.5 FIELD CONDITIONS A. Interruption of Existing Electrical Service: Do not interrupt electrical service to facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary electrical service: 1. 2. Notify Owner no fewer than fifteen days in advance of proposed interruption of electrical service. Do not proceed with interruption of electrical service without Owner's written permission. PART 2 - PRODUCTS 2.1 MANUFACTURED UNITS A. Contactor Transfer Switches: 1. 2.2 Manufacturers: Subject to compliance with requirements, provide products by the following: a. Caterpillar; Engine Div. b. Emerson; ASCO Power Technologies, LP. c. Generac Power Systems, Inc. d. Kohler Power Systems; Generator Division. e. Onan/Cummins Power Generation; Industrial Business Group. f. Russelectric, Inc. g. Spectrum Detroit Diesel. GENERAL TRANSFER-SWITCH PRODUCT REQUIREMENTS A. Indicated Current Ratings: Apply as defined in UL 1008 for continuous loading and total system transfer, including tungsten filament lamp loads not exceeding 30 percent of switch ampere rating, unless otherwise indicated. B. Tested Fault-Current Closing and Withstand Ratings: Adequate for duty imposed by protective devices at installation locations in Project under the fault conditions indicated, based on testing according to UL 1008. TRANSFER SWITCHES 263600 - 2 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1. Where transfer switch includes internal fault-current protection, rating of switch and trip unit combination shall exceed indicated fault-current value at installation location. C. Solid-State Controls: Repetitive accuracy of all settings shall be plus or minus 2 percent or better over an operating temperature range of minus 20 to plus 70 deg C. D. Resistance to Damage by Voltage Transients: Components shall meet or exceed voltage-surge withstand capability requirements when tested according to IEEE C62.41. Components shall meet or exceed voltage-impulse withstand test of NEMA ICS 1. E. Electrical Operation: Accomplish by a nonfused, momentarily energized solenoid or electricmotor-operated mechanism, mechanically and electrically interlocked in both directions. F. Switch Characteristics: Designed for continuous-duty repetitive transfer of full-rated current between active power sources. 1. 2. 3. Limitation: Switches using molded-case switches or circuit breakers or insulated-case circuit-breaker components are not acceptable. Switch Action: Double throw; mechanically held in both directions. Contacts: Silver composition or silver alloy for load-current switching. Conventional automatic transfer-switch units, rated 225 A and higher, shall have separate arcing contacts. G. Neutral Switching. contacts. H. Annunciation, Control, and Programming Interface Components: Devices at transfer switches for communicating with remote programming devices, annunciators, or annunciator and control panels shall have communication capability matched with remote device. I. Factory Wiring: Train and bundle factory wiring and label, consistent with Shop Drawings, either by color-code or by numbered or lettered wire and cable tape markers at terminations. Color-coding and wire and cable tape markers are specified in Section 260553 "Identification for Electrical Systems." 1. 2. 3. J. 2.3 Where four-pole switches are indicated, provide overlapping neutral Designated Terminals: Pressure type, suitable for types and sizes of field wiring indicated. Power-Terminal Arrangement and Field-Wiring Space: Suitable for top, side, or bottom entrance of feeder conductors as indicated. Control Wiring: Equipped with lugs suitable for connection to terminal strips. Enclosures: General-purpose NEMA 250, Type 1, complying with NEMA ICS 6 and UL 508, unless otherwise indicated. AUTOMATIC TRANSFER SWITCHES A. Comply with Level 1 equipment according to NFPA 110. B. Open transition type. TRANSFER SWITCHES 263600 - 3 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University C. Switching Arrangement: Double-throw type, incapable of pauses or intermediate position stops during normal functioning, unless otherwise indicated. D. Manual Switch Operation: Under load, with door closed and with either or both sources energized. Transfer time is same as for electrical operation. Control circuit automatically disconnects from electrical operator during manual operation. E. Signal-Before-Transfer Contacts: A set of normally open/normally closed dry contacts operates in advance of retransfer to normal source. Interval is adjustable from 1 to 30 seconds. For use in interfacing with elevator “pre-transfer” requirements. Refer to Section 14 21 23/1421 43 for additional information. F. Digital Communication Interface: Matched to capability of remote annunciator or annunciator and control panel. G. In-Phase Monitor: Factory-wired, internal relay controls transfer so it occurs only when the two sources are synchronized in phase. Relay compares phase relationship and frequency difference between normal and emergency sources and initiates transfer when both sources are within 15 electrical degrees, and only if transfer can be completed within 60 electrical degrees. Transfer is initiated only if both sources are within 2 Hz of nominal frequency and 70 percent or more of nominal voltage. H. Automatic Transfer-Switch Features: 1. 2. 3. 4. 5. 6. 7. Undervoltage Sensing for Each Phase of Normal Source: Sense low phase-to-ground voltage on each phase. Pickup voltage shall be adjustable from 85 to 100 percent of nominal, and dropout voltage is adjustable from 75 to 98 percent of pickup value. Factory set for pickup at 90 percent and dropout at 85 percent. Adjustable Time Delay: For override of normal-source voltage sensing to delay transfer and engine start signals. Adjustable from zero to six seconds, and factory set for one second. Voltage/Frequency Lockout Relay: Prevent premature transfer to generator. Pickup voltage shall be adjustable from 85 to 100 percent of nominal. Factory set for pickup at 90 percent. Pickup frequency shall be adjustable from 90 to 100 percent of nominal. Factory set for pickup at 95 percent. Time Delay for Retransfer to Normal Source: Adjustable from 0 to 30 minutes, and factory set for 10 minutes to automatically defeat delay on loss of voltage or sustained undervoltage of emergency source, provided normal supply has been restored. Test Switch: Simulate normal-source failure. Switch-Position Pilot Lights: Indicate source to which load is connected. Source-Available Indicating Lights: Supervise sources via transfer-switch normal- and emergency-source sensing circuits. a. 8. Normal Power Supervision: Green light with nameplate engraved "Normal Source Available." b. Emergency Power Supervision: Red light with nameplate engraved "Emergency Source Available." Elevator Controller Interface. Provide “Transfer” and “Pre-Transfer” contacts for interface with elevator controls. Elevator controllers are located in the Penthouse Level elevator machine room. Provide initiating signal to the elevator control apparatus of a transfer from normal (utility) power to the building emergency (generator) power supply. TRANSFER SWITCHES 263600 - 4 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 9. 10. 11. 12. 13. 14. Also, provide control interface to give advanced notification (e.g. pre-transfer) to the elevator control apparatus that the power source will transfer from emergency (generator) power to normal (utility) power. The pre-transfer signal(s) shall be adjustable from 15 to 30 seconds. Refer to Section 142123/142143 for additional information. Provide an additional set of contacts to support elevator automatic sequential return program. Unassigned Auxiliary Contacts: Two normally open, single-pole, double-throw contacts for each switch position, rated 10 A at 240-V ac. Engine Starting Contacts: One isolated and normally closed, and one isolated and normally open; rated 10 A at 32-V dc minimum. Engine Shutdown Contacts: Time delay adjustable from zero to five minutes, and factory set for five minutes. Contacts shall initiate shutdown at remote engine-generator controls after retransfer of load to normal source. Transfer switch shall be provided with surge protection on emergency sources, 240 kA per mode minimum protection. Provide monitoring display with controls on door of transfer switch. Monitor shall display voltage, frequency and power characteristics. Engine-Generator Exerciser: Solid-state, programmable-time switch starts engine generator and transfers load to it from normal source for a preset time, then retransfers and shuts down engine after a preset cool-down period. Initiates exercise cycle at preset intervals adjustable from 7 to 30 days. Running periods are adjustable from 10 to 30 minutes. Factory settings are for 7-day exercise cycle, 20-minute running period, and 5minute cool-down period. Exerciser features include the following: a. b. c. 2.4 Exerciser Transfer Selector Switch: Permits selection of exercise with and without load transfer. Push-button programming control with digital display of settings. Integral battery operation of time switch when normal control power is not available. SOURCE QUALITY CONTROL A. Factory test and inspect components, assembled switches, and associated equipment. Ensure proper operation. Check transfer time and voltage, frequency, and time-delay settings for compliance with specified requirements. Perform dielectric strength test complying with NEMA ICS 1. PART 3 - EXECUTION 3.1 INSTALLATION A. Identify components according to Section 260553 "Identification for Electrical Systems." B. Set field-adjustable intervals and delays, relays, and engine exerciser clock. TRANSFER SWITCHES 263600 - 5 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 3.2 CONNECTIONS A. Wiring to Remote Components: Match type and number of cables and conductors to control and communication requirements of transfer switches as recommended by manufacturer. Increase raceway sizes at no additional cost to Owner if necessary to accommodate required wiring. B. Ground equipment according to Section 260526 "Grounding and Bonding for Electrical Systems." C. Connect wiring according to Section 260519 "Low-Voltage Electrical Power Conductors and Cables." 3.3 FIELD QUALITY CONTROL A. Manufacturer's Field Service: Engage a factory-authorized service representative to test and inspect components, assemblies, and equipment installations, including connections. B. Perform the following tests and inspections with the assistance of a factory-authorized service representative: 1. 2. 3. After installing equipment and after electrical circuitry has been energized, test for compliance with requirements. Perform each visual and mechanical inspection and electrical test stated in NETA Acceptance Testing Specification. Certify compliance with test parameters. Measure insulation resistance phase-to-phase and phase-to-ground with insulationresistance tester. Include external annunciation and control circuits. Use test voltages and procedure recommended by manufacturer. Comply with manufacturer's specified minimum resistance. a. b. c. d. 4. After energizing circuits, demonstrate interlocking sequence and operational function for each switch at least three times. a. b. c. d. e. C. Check for electrical continuity of circuits and for short circuits. Inspect for physical damage, proper installation and connection, and integrity of barriers, covers, and safety features. Verify that manual transfer warnings are properly placed. Perform manual transfer operation. Simulate power failures of normal source to automatic transfer switches and of emergency source with normal source available. Simulate loss of phase-to-ground voltage for each phase of normal source. Verify time-delay settings. Verify pickup and dropout voltages by data readout or inspection of control settings. Verify proper sequence and correct timing of automatic engine starting, transfer time delay, retransfer time delay on restoration of normal power, and engine cooldown and shutdown. Coordinate tests with tests of generator and run them concurrently. TRANSFER SWITCHES 263600 - 6 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University D. Report results of tests and inspections in writing. Record adjustable relay settings and measured insulation and contact resistances and time delays. Attach a label or tag to each tested component indicating satisfactory completion of tests. E. Remove and replace malfunctioning units and retest as specified above. F. Prepare test and inspection reports. G. Infrared Scanning: After Substantial Completion, but not more than 60 days after Final Acceptance, perform an infrared scan of each switch. Remove all access panels so joints and connections are accessible to portable scanner. 1. 2. 3. 3.4 Follow-up Infrared Scanning: Perform an additional follow-up infrared scan of each switch 11 months after date of Substantial Completion. Instrument: Use an infrared scanning device designed to measure temperature or to detect significant deviations from normal values. Provide calibration record for device. Record of Infrared Scanning: Prepare a certified report that identifies switches checked and that describes scanning results. Include notation of deficiencies detected, remedial action taken, and observations after remedial action. DEMONSTRATION A. Engage a factory-authorized service representative to train Owner's maintenance personnel to adjust, operate, and maintain transfer switches and related equipment as specified below. Refer to Section 017900 "Demonstration and Training." B. Coordinate this training with that for generator equipment. END OF SECTION 263600 TRANSFER SWITCHES 263600 - 7 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University SECTION 264313 - SURGE PROTECTION FOR LOW-VOLTAGE ELECTRICAL POWER CIRCUITS PART 1 - GENERAL 1.1 SUMMARY A. 1.2 Section includes field-mounted SPDs for low-voltage (120 to 600 V) power distribution and control equipment. DEFINITIONS A. Inominal: Nominal discharge current. B. MCOV: Maximum continuous operating voltage. C. Mode(s), also Modes of Protection: The pair of electrical connections where the VPR applies. D. MOV: Metal-oxide varistor; an electronic component with a significant non-ohmic currentvoltage characteristic. E. OCPD: Overcurrent protective device. F. SCCR: Short-circuit current rating. G. SPD: Surge protective device. H. VPR: Voltage protection rating. 1.3 ACTION SUBMITTALS A. Product Data: For each type of product. 1. 2. 1.4 Include rated capacities, operating characteristics, electrical characteristics, and furnished specialties and accessories. Copy of UL Category Code VZCA certification, as a minimum, listing the tested values for VPRs, Inominal ratings, MCOVs, type designations, OCPD requirements, model numbers, system voltages, and modes of protection. INFORMATIONAL SUBMITTALS A. Field quality-control reports. SURGE PROTECTION CIRCUITS FOR LOW-VOLTAGE ELECTRICAL POWER 264313 - 1 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1.5 CLOSEOUT SUBMITTALS A. 1.6 Maintenance Data: For SPDs to include in maintenance manuals. WARRANTY A. Manufacturer's Warranty: Manufacturer agrees to replace or replace SPDs that fail in materials or workmanship within specified warranty period. 1. Warranty Period: Five years from date of Substantial Completion. PART 2 - PRODUCTS 2.1 GENERAL SPD REQUIREMENTS A. SPD with Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. Comply with NFPA 70. C. Comply with UL 1449. D. MCOV of the SPD shall be the nominal system voltage. 2.2 TRANSFER SWITCH AND DISTRIBUTION PANELBOARD SUPPRESSOR A. Manufacturers: Subject to compliance with requirements, provide products by the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. B. ABB France. Advanced Protection Technologies Inc. (APT). Eaton Corporation. Emerson Electric Co. GE Zenith Controls. LEA International; Protection Technology Group. Leviton Manufacturing Co., Inc. PowerLogics, Inc. Schneider Electric Industries SAS. Siemens Industry, Inc. SPDs: Comply with UL 1449, Type 2. 1. SPDs with the following features and accessories: a. b. c. Integral disconnect switch. Internal thermal protection that disconnects the SPD before damaging internal suppressor components. Indicator light display for protection status. SURGE PROTECTION CIRCUITS FOR LOW-VOLTAGE ELECTRICAL POWER 264313 - 2 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University d. e. Form-C contacts rated at 5 A and 250-V ac, one normally open and one normally closed, for remote monitoring of protection status] Surge counter. C. Peak Surge Current Rating: The minimum single-pulse surge current withstand rating per phase shall not be less than 240kA. The peak surge current rating shall be the arithmetic sum of the ratings of the individual MOVs in a given mode. D. Protection modes and UL 1449 VPR for grounded wye circuits with 480Y/277 V , three-phase, four-wire circuits shall not exceed the following: 1. 2. 3. Line to Neutral: 1200 V for 480Y/277 V. Line to Ground: 1200 V for 480Y/277 V. Line to Line: 2000 V for 480Y/277 V. E. SCCR: Equal or exceed 100 kA. F. Inominal Rating: 20 kA. 2.3 ENCLOSURES A. 2.4 Indoor Enclosures: NEMA 250, Type 12. CONDUCTORS AND CABLES A. Power Wiring: Same size as SPD leads, complying with Section 260519 "Low-Voltage Electrical Power Conductors and Cables." PART 3 - EXECUTION 3.1 INSTALLATION A. Comply with NECA 1. B. Install an OCPD or disconnect as required to comply with the UL listing of the SPD. C. Install SPDs with conductors between suppressor and points of attachment as short and straight as possible, and adjust circuit-breaker positions to achieve shortest and straightest leads. Do not splice and extend SPD leads unless specifically permitted by manufacturer. Do not exceed manufacturer's recommended lead length. Do not bond neutral and ground. D. Use crimped connectors and splices only. Wire nuts are unacceptable. E. Wiring: 1. Power Wiring: Comply with wiring methods in Section 260519 "Low-Voltage Electrical Power Conductors and Cables." SURGE PROTECTION CIRCUITS FOR LOW-VOLTAGE ELECTRICAL POWER 264313 - 3 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 2. 3.2 Controls: Comply with wiring methods in Section 260519 "Low-Voltage Electrical Power Conductors and Cables." FIELD QUALITY CONTROL A. Perform the following tests and inspections with the assistance of a factory-authorized service representative. 1. 2. 3. Compare equipment nameplate data for compliance with Drawings and Specifications. Inspect anchorage, alignment, grounding, and clearances. Verify that electrical wiring installation complies with manufacturer's written installation requirements. B. An SPD will be considered defective if it does not pass tests and inspections. C. Prepare test and inspection reports. 3.3 STARTUP SERVICE A. Complete startup checks according to manufacturer's written instructions. B. Do not perform insulation-resistance tests of the distribution wiring equipment with SPDs installed. Disconnect SPDs before conducting insulation-resistance tests, and reconnect them immediately after the testing is over. C. Energize SPDs after power system has been energized, stabilized, and tested. 3.4 DEMONSTRATION A. Train Owner's maintenance personnel to operate and maintain SPDs. END OF SECTION 264313 SURGE PROTECTION CIRCUITS FOR LOW-VOLTAGE ELECTRICAL POWER 264313 - 4 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University SECTION 269095 - ELECTRICAL ACCEPTANCE TESTING PART 1 - GENERAL 1.1 DESCRIPTION A. 1.2 1.3 The work required under this section of the specifications consists of the start-up testing and inspection of the electrical equipment designated within. All labor and testing equipment which is required shall be provided under this section of the specifications. GENERAL A. The Contractor shall perform the tests as outlined below to insure system acceptance and shall engage the services of an approved testing organization to provide start-up testing and inspection of the electrical equipment as specified in this section. The testing organization may be an independent division of the manufacturer of the assembled products being tested. If an outside testing organization is approved, a representative of the manufacturer shall be under contract by the testing company. He shall be present during all testing to insure that the testing is performed properly and that any deficiencies discovered are promptly corrected. B. The testing organization shall provide the equipment and technical personnel to perform such tests and inspections. The contractor shall, at his expense, furnish any personnel necessary to assist in the testing and inspection. C. When the tests and inspections have been completed, a label shall be attached to all devices tested. The label shall provide the name of the testing company, the date the tests were completed, and the initials of the engineer who performed the tests. D. The tests shall insure that the equipment is operational and functioning within industry standards and manufacturer's tolerances. Forward all test reports to the Engineer at least two weeks prior to the project final inspection for review. QUALITY ASSURANCE A. Industry Referenced Standards. The testing and inspection shall comply with all applicable sections of the following codes and standards: 1. American National Standards Institute - ANSI 2. American Society for Testing and Materials - ASTM 3. Association of Edison Illuminating Companies - AEIC 4. Institute of Electrical and Electronics Engineers - IEEE 5. Insulated Power Cable Engineers Association - IPCEA 6. International Electrical Testing Association - NETA Acceptance Testing Specifications 7. National Electrical Code - NEC 8. National Electrical Manufacturers Association - NEMA 9. National Fire Protection Association - NFPA 10. State and Local Codes and Ordinances 11. National Electrical Contractors' Association (NECA): ELECTRICAL ACCEPTANCE TESTING 269095 - 1 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University a) B. 1.4 1.6 The inspection and testing shall comply with the project plans and specifications as well as with the manufacturer's drawings, instruction manuals, and other applicable data for the apparatus tested. DIVISION OF RESPONSIBILITY A. 1.5 Standards of Installation The Contractor shall: 1. Perform routine insulation-resistance, continuity, and rotation tests for all distribution and utilization equipment prior to and in addition to tests performed by the testing firm specified herein. 2. Supply a suitable and stable source of electrical power to each test site. 3. Notify the testing firm when equipment becomes available for acceptance tests. Work shall be coordinated to expedite project scheduling. SAFETY AND PRECAUTIONS A. Safety practices shall comply with applicable state and local safety orders as well as with the Occupational Safety and Health Act of 1970 (OSHA). Compliance with the National Fire Protection Association standard NFPA 70E and the Accident Prevention Manual for Industrial Operations of the National Safety Council shall be observed. B. Tests shall only be performed on apparatus which is de-energized. The testing company's lead test engineer for the project shall be a designated safety representative and shall supervise testing observations and safety requirements. Work shall not proceed until he has determined that it is safe to do so. C. Power circuits shall have conductors shorted to ground by a hotline grounded device approved for the purpose. Warning signs and protective barriers shall be provided as necessary to conduct the tests safely. REPORTS A. The test report(s) shall include the following sections: 1. Scope of testing 2. Electrical equipment tested 3. Description of test procedures 4. Test results 5. Conclusions and recommendations 6. Appendix, including test forms B. Each piece of equipment shall be recorded on a data sheet listing the condition of the equipment as found and as left. Included shall be recommendations for any necessary repair and/or replacement parts. The data sheets shall indicate the name of the engineer who tested the equipment and the date of the test completion. C. Record copies of the completed test report shall be submitted no more than 14 days after completion of the testing and inspection. ELECTRICAL ACCEPTANCE TESTING 269095 - 2 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1.7 TEST EQUIPMENT A. All test equipment shall be in good mechanical and electrical condition. All field instruments shall have been calibrated within six months of the testing date, and dated calibration labels shall be visible on the testing equipment. Submit calibration certification in the final report. PART 2 - PRODUCTS 2.1 GENERAL MATERIALS REQUIREMENTS A. All materials are specified under other sections of this specification. All testing equipment required shall be provided under this section of the specifications. PART 3 - EXECUTION 3.1 EQUIPMENT TO BE TESTED A. 3.2 Equipment shall be tested in accordance with the following scopes of work. 1. Low Voltage Distribution Panelboards 2. Automatic Transfer Switches 3. Engine Driven Emergency Power Supply 4. Cables- 600V 5. Fire Pump Controller and ATS LOW VOLTAGE SWITCHBOARDS AND DISTRIBUTION PANELBOARDS A. Visual and Mechanical Inspection 1. Verify that the contractor has cleaned enclosure interiors of accumulated dust, dirt, oil films, and other foreign materials. 2. Inspect all electrical and mechanical components for condition and any evidence of defects or failure. 3. Check for proper travel and alignment of circuit breakers. 4. Check breaker connections to bus. 5. Inspect bolted connections. The electrical contractor shall torque wrench tighten or remake any questionable connections. Refer to manufacturer's instructions for proper torque values. 6. Inspect for missing or loose hardware or accessories. 7. Inspect ground bus connections. 8. Operate key and door interlock devices to assure proper operation. 9. Inspect for labels, and nameplate compliance with up-to-date circuit connections. B. Electrical Tests 1. Insulation Resistance Test: Megger main secondary bus and feeder circuits phase-to-phase and phase-to-ground. 2. Energize any space heater circuits to insure proper operations. 3. Insulation resistance test of buses and portions of control wiring that disconnect from solid state devices through normal disconnecting features. Insulation resistance less than 100 megohms is not acceptable. ELECTRICAL ACCEPTANCE TESTING 269095 - 3 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 3.3 3.4 C. Check phase rotation with a Biddle phase rotation meter. Check phasing of alternate supply sources to the same bus. D. Infrared Scanning: 1. Use an infrared scanning device designed to measure temperature or detect significant deviations from normal values. Provide documentation of device calibration. 2. After Substantial Completion, but not more than 2 months after Final Acceptance, perform an infrared scan of switchboard bus joints and connections. Open or remove metal doors, covers, inspection plates, and barriers to make joints and connections accessible to a portable scanner. 3. Follow-up Infrared Scanning: Perform 2 additional follow-up infrared scans of the same joints and connections, one 4 months after Substantial Completion and one 11 months after Substantial Completion. 4. Record of Infrared Scanning: Report shall identify all connections checked and describe results of scanning. Include graphic indication of scanning results, notation of deficiencies detected, remedial action taken, and observations after remedial action. AUTOMATIC TRANSFER SWITCHES A. Visual and Mechanical Inspection 1. Verify that contractor has cleaned enclosure interiors and all components of accumulated of dust, dirt, oil films, and other foreign material. 2. Inspect all electrical and mechanical components for condition and any evidence of defect or failure. 3. Perform inspection checks on individual components as recommended by the manufacturer. 4. Inspect connections for looseness. The electrical contractor shall torque wrench tighten or remake any questionable connections. 5. Inspect for missing or loose hardware or accessories. 6. Check for proper mechanical operation and lubricate, as necessary. 7. Check transfer mechanism for alignment and friction-free operation. Lubricate, as necessary. 8. Check all connecting wiring for condition. B. Electrical Tests 1. Use test switch, when available, to check the electrical operation of the transfer switch. 2. When a test switch is not available, a failure of the normal source power will be simulated by disconnecting a voltage sensing lead. 3. Test and adjust all sensing relays, and other devices specifically associated with the transfer switch. 4. Contact Resistance Test: Ductor across main pole contacts of power switching circuit breakers, switches or contactor contacts with device closed and latched to check for good, low resistance contact. EMERGENCY POWER SUPPLY-ENGINE DRIVEN A. Visual and Mechanical Inspection ELECTRICAL ACCEPTANCE TESTING 269095 - 4 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1. 2. 3. 4. 5. 3.5 CABLES - 600V A. Visual and Mechanical Inspection 1. Inspect cables for physical damage and proper connection in accordance with single-line diagram. 2. Test cable mechanical connections to manufacturer's recommended values using a calibrated torque wrench. 3. Check cable color coding with applicable engineer's specifications and National Electrical Code standards. B. Electrical Tests 1. Perform insulation-resistance test on each feeder on the riser diagram with respect to ground and adjacent conductors. Applied potential shall be 1000 volts dc for 1 minute. 2. Perform continuity test to insure proper cable connection. Test Values 1. Evaluate results by comparison with cables of same length and type. Investigate any values less than 50 megohms. C. 3.6 Verify that contractor has cleaned enclosure interiors of accumulated dust, dirt, oil films, and other foreign material. Inspect all electrical and mechanical components for condition and any evidence of defects or failure. Inspect bolted connections. The electrical contractor shall torque wrench tighten or remake any questionable connections. Inspect for missing or loose hardware or accessories. Inspect all associated systems and circuits for proper operation, including starting circuits and interconnections with ATS’s. FIRE PUMP CONTROLLER AND ATS A. Visual and Mechanical Inspection 1. Verify that contractor has cleaned enclosure interiors and all components of accumulated of dust, dirt, oil films, and other foreign material. 2. Inspect all electrical and mechanical components for condition and any evidence of defect or failure. 3. Perform inspection checks on individual components as recommended by the manufacturer. 4. Inspect connections for looseness. The electrical contractor shall torque wrench tighten or remake any questionable connections. 5. Inspect for missing or loose hardware or accessories. 6. Check for proper mechanical operation and lubricate, as necessary. 7. Check transfer mechanism for alignment and friction-free operation. Lubricate, as necessary. 8. Check all connecting wiring for condition. B. Electrical Tests 1. Perform Acceptance Testing in accordance with NFPA 20 14.5 Component Replacement – Field / Acceptance Testing. ELECTRICAL ACCEPTANCE TESTING 269095 - 5 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 2. 3. 4. 5. Use test switch, when available, to check the electrical operation of the transfer switch. When a test switch is not available, a failure of the normal source power will be simulated by disconnecting a voltage sensing lead. Test and adjust all sensing relays, and other devices specifically associated with the transfer switch. Contact Resistance Test: Ductor across main pole contacts of power switching circuit breakers, switches or contactor contacts with device closed and latched to check for good, low resistance contact. END OF SECTION 269095 ELECTRICAL ACCEPTANCE TESTING 269095 - 6 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University SECTION 32 31 00 - FENCING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes ornamental picket fencing and accessories. 1.2 ACTION SUBMITTALS A. Product Data: For ornamental picket fencing and accessories. B. Shop Drawings: Layout of fence and gates with dimensions, details, and finishes of component accessories and post foundations. 1.3 QUALITY ASSURANCE A. Welding Qualifications: Qualify procedures and personnel according to AWS D1.1/D1.1M, "Structural Welding Code - Steel," for hangers and supports. AWS D9.1M/D9.1, "Sheet Metal Welding Code," for duct joint and seam welding. B. Fence shall be manufactured by Ameristar Aegis-II, Majestic design, 3-rail style as manufactured by Ameristar Fence Products, Inc. (or approved equal). Installation shall be similar to the ornamental steel fence installation show below. Refer to drawings for additional information. FENCING 323100 - 1 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 1.4 PRODUCT WARRANTY A. All structural fence components (i.e. rails, pickets, and posts) shall be warranted within specified limitations, by the manufacturer for a period of 10 years from date of original purchase. Warranty shall cover any defects in material finish, including cracking, peeling, chipping, blistering or corroding. B. Reimbursement for labor necessary to restore or replace components that have been found to be defective under the terms of manufactures warranty shall be guaranteed for five (5) years from date of original purchase. PART 2 - PRODUCTS 2.1 ORNAMENTAL PICKET FENCE A. Pickets: Square tubular members, ASTM A513, hot-rolled structural quality steel having a yield-strength of 50,000 psi and G90 zinc coating, 0.90 oz/ft2. Minimum size pickets 1". Space pickets 4” maximum face to face. Minimum wall thickness 14-gauge. B. Rails 14-gauge cold rolled steel. The cross-sectional shape of the rails shall conform to the manufacturer's "forerunner" design. The cross-sectional outside dimensions of the rails shall be 1-3/4" sq. Each rail shall have a minimum weight of 2.55 pounds per foot. Vertical Design Load is 257 Lbs. And Horizontal Design Load is 505 Lbs for 8’ Span. C. Posts: Square tubular members, ASTM A-513, hot-rolled structural quality steel, 50,000-psi yield strength, and G90 zinc coating, 0.90 oz/ft2. Minimum post size 4”, HSS 4 x 4 x ¼. Fy = 46 ksi. D. Diagonal Braces: HSS 2 ½ x 2 ½ x 3/16. Brace slopes 2 vertical by 1 horizontal. E. Galvanized steel fence components shall be subjected to a five-stage wash and pre-treated system, which includes a zinc phosphatizer and a non-chromate sealer. Then receive a two-step powder coating applied by the electrostatic spray process. The base coat shall be a thermosetting epoxy powder coating with a minimum coating thickness of 2-4 mils. The topcoat shall be a mar-resistant TGIC polyester powder coating with a minimum coating thickness of 3 mils. Color: Solar Bronze. 2.2 GATES A. Ornamental picket swing gates fabricated using same materials as fencing system. B. Gates shall be maintenance-free type with ball bearing hinges. C. Swing gates shall be fabricated using 1.75” x 14ga Forerunner double channel rail, 2” sq. x 11ga. gate ends, and 1” sq. x 14ga. pickets. Gates that exceed 6’ in width will have a 1.75” sq. x 14ga. intermediate upright. All rail and upright intersections shall be joined by welding. All picket and rail intersections shall also be joined by welding. 2.3 PANELS A. Privacy picket panels, similar to Hurricane Privacy Picket Panels (www.hurricanemfg.com), shall be provided to cover the fence and gates. Panels shall be rigid black PVC, and shall contain UV inhibitors. Panels shall be snap in place type with privacy locks. Panels shall include 5-year warranty against breakage against normal conditions. FENCING 323100 - 2 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 2.4 ACCESSORIES A. Pickets, rails and posts shall be cut to specified lengths. Rails shall be punched to accept pickets. Pickets shall be drilled to accept retaining rods. Cutting, punching and drilling shall be done prior to coating to facilitate assembly without compromising the integrity of the finish. B. Rubber grommets shall be inserted into the pre-punched holes in the rails. Pickets shall be inserted though the grommets so that the pre-drilled holes in the pickets align with the internal upper raceway of the rails. C. Completed sections shall be capable of supporting a 600-pound load at mid-span without permanent deformation. D. A 1/8" diameter galvanized steel retaining rod shall then be inserted into the upper raceway of the rails though the pre-drilled holes in each picket. E. Posts shall have a square cap firmly affixed to the extending end. F. Picket Tops: Universal. 2.5 SETTING MATERIAL A. Flanged Posts: Provide flange type base plates with (4) holes for surface mounting of posts where indicated. Refer to drawings for additional information. PART 3 - EXECUTION 3.1 FENCE INSTALLATION A. Install fences in accordance with manufacturer’s instructions. B. Concrete Set Posts: Set gate posts for gate opening specified in the construction drawings. Refer to drawings. C. Gate Posts and Hardware: Set keepers, stops, sleeves and other accessories into concrete. D. Surface mount (wall mount) posts with mounting plates where indicated. Fasten with lag bolts and shields. E. Check each post for vertical and top alignment, and maintain in position during placement and finishing operation. F. Attach fence panels to posts using brackets supplied by the manufacturer. 3.2 GATE INSTALLATION A. Install gates plumb, level and secure for full opening without interference. B. Attach hardware by means which will prevent unauthorized removal. C. Adjust hardware for smooth operation. FENCING 323100 - 3 75 Piedmont Building (CTB) Design & Install Emergency Generator Georgia State University 3.3 CLEANING A. Clean up debris and unused material, and remove from site. END OF SECTION 32 31 00 FENCING 323100 - 4 GEORGIA ENVIRONMENTAL FINANCE AUTHORITY DESIGN GUIDELINES FOR GENERATOR FUEL STORAGE SYSTEMS Issued: January 1, 2012 PART 1: GENERAL 1.01 DESCRIPTION: This document provides design guidelines for the fuel storage systems associated with standby and emergency generators located at State of Georgia facilities. 1.02 CODES: The generator fuel storage system (tank, piping, and accessories) shall comply with the following National Fire Protection Association (NFPA) Codes and Standards and the International Fire Code as amended by Chapter 120-3-3 and Chapter 120-3-11 of the Rules of Safety Fire Commissioner: A. International Fire Code B. NFPA 30, Flammable and Combustible Liquids Code C. NFPA 37, Standard for Installation and Use of Stationary Combustion Engines & Gas Turbines 1.03 SUBMITTALS: A. Plans and specifications for all proposed generator fuel storage tanks, including additions to or relocations of tanks at existing facilities, with more than a 120 gallon capacity must be submitted to the Georgia Environmental Finance Authority (GEFA) FST Group for screening with the guidelines prescribed herein. B. Plans must also be submitted in duplicate to the State Fire Marshal for approval in accordance with the requirements of Chapter 120-3-11of the Rules of Safety Fire Commissioner. C. Procurement documents for generator fuel systems shall require the following shop drawing submittals: 1. Manufacturer’s tank shop drawing showing tank size, weight, listing, and pipe connection sizes and locations. 2. Product data cut-sheets for all manufactured components; including catalog illustrations, dimensions, pipe connection sizes, and associated trim. 3. Proposed controls schematic and wiring diagram. A symbols list defining all abbreviated components shall be included. The diagram shall delineate between power and control wiring and shall indicate all sensors, contactors, relays, and other components of the system. 4. Manufacturer’s installation instructions and operation and maintenance data. PART 2: PRODUCTS 2.01 GENERATOR FUEL STORAGE TANK SYSTEMS A. TANK SIZING: The required tank capacity should be calculated based on published engine consumption data and a specified minimum run time. GEFA has found that a maximum fuel supply of up to 72 hours of run time is reasonable for most facilities. Greater capacities may be merited in certain circumstances based on generator service, geographical consideration, historical outages and extended fuel delivery times. B. TANK TYPE: Unless otherwise approved by GEFA FT Group, all generator tanks 1,000 gallon and less shall be subbase-type aboveground storage tanks (ASTs). Generator fuel storage systems with capacities greater than 1,000 gallons shall utilize underground storage tanks (USTs). C. SPILL PLANS: Federal EPA rules (Title 40 of the Code of Federal Regulations, Part 112) require preparation of a Spill Prevention, Control and Countermeasure (SPCC) plan for single aboveground tanks with a capacity greater than 1,320 gallons or multiple tanks with an aggregate capacity greater than this limit. 2.02 SUBBASE TANKS: Subbase tanks shall be rectangular double-wall design (secondary containment), consisting of a single-wall inner steel tank constructed inside a steel secondary tank. Subbase tanks are designed for installation below the generator set between the foundation pad and are generally confined within the frame supports. Larger capacity tanks may extend beyond the footprint of the generator. Outdoor generators with subbase tanks should be equipped with a weatherproof enclosure to minimize entry of rainwater and debris on the tank top. Single-wall subbase tanks without diking are not allowed. Subbase AST tanks shall include the following minimum features: A. Tank construction shall be heavy-gauge welded steel, 10 Gauge (minimum) on primary inner tank, secondary outer tank walls & bottom. An air gap (2” minimum) shall be provided below the bottom of the tank and the concrete support pad. B. Tank shall carry an Underwriters Laboratories Inc. UL 142 label. Fire-rated UL 2085 tanks may be substituted in special circumstances. C. Subbase tanks shall be provided with the following top-mounted tank openings as a minimum: 1. 2. PRIMARY TANK a. Fuel supply and fuel return openings (1”NPT minimum each) b. *Normal (primary) tank vent opening on primary tank (2”NPT minimum) c. *Emergency pressure-relief (secondary) vent opening sized per NFPA 30. d. Opening for Low-level and high level fuel alarm switches (2”NPT minimum) e. Mechanical fuel gauge opening (1-1/2”NPT minimum) f. Stick port opening (1-1/2”NPT minimum) g. Tank fill bung (2”NPT minimum) SECONDARY TANK a. Monitoring port on interstice of secondary tank (2”NPT minimum) b. *Emergency pressure-relief (secondary) vent opening sized per NFPA 30. *Note: Primary secondary tank vents shall be extended outside of the generator enclosure and terminated at a minimum height of twelve (12) feet above grade. D. The top of the subbase tank shall include provisions for containment of minor leakage of engine fluids. A liquid-tight containment lip shall be formed with 1” or larger welded steel angle. The containment area should encompass as a minimum the subbase tank top below the engine and within the weather-proof enclosure. GEFA Generator Fuel Guidelines January 1, 2012 Page 2 of 4 2.03 FILL ASSEMBLY: A. The tank fill connection shall be a cam-lock style tight-fill used in conjunction with an overfill prevention valve set to stop the flow of fuel when the tank reaches 95% of tank capacity. The fill shall be located such that the delivery operator has direct access to the tank gauge. The fill shall also include a spill containment bucket that is accessible from outside the generator enclosure. B. The overfill prevention valve shall be Morrison Bros. Co. Fig. 909JS, EBW “Auto Limiter II” or approved alternate. 2.04 TANK GAUGING: A mechanical, direct reading, type of fuel level gauge indicator shall be provided in addition to any electronic monitoring system. The fuel level indicator shall be one of the following: Series 6500 Senior Gauge, Manufactured by Rochester Gauges Inc., a "Scully" gauge, a Hersey Direct Reading Mechanical or Magnetic gauge, or equivalent. 2.05 LEAK AND OVERFILL ALARMS: A. A liquid sensor shall be mounted inside the secondary tank and wired to the major engine alarm. Sensor shall be INCON TSP-ULS or equal. B. A remote overfill alarm horn with an independent alarm silence switch shall be provided. The alarm shall be wired to sound at 90% of tank capacity. 2.06 SIGNAGE: Tanks shall be labeled with fuel type and capacity. Labels shall be 2" white letters on black background and attached to the tank with adhesive. 2.07 ACCESSORIES: A. Emergency vent shall be OPW 202 or equal sized by tank manufacturer per NFPA 30. B. Dielectric couplings and/or flanged kits shall be provided at all copper to steel connections and as required to isolate the piping from the tank. 2.08 SPILL KITS: A. Spill kits shall be the Charles Singleton Company (813-623-5858) “First Responder” kit, part number FR911-125 or equal. B. Spill “Booms” or “Portable Diking” shall be 8 inches in diameter (minimum), no less than ten (10) feet long each. The outer covering or “sock” shall be a close woven material that will not allow the inner absorbent material to easily escape. Booms shall be “Pig” brand (1-800-468-4647) model #BOM 304 or equal. PART 3: EXECUTION 3.01 TANK INSTALLATION: A. Protect the tank finish from damage during installation or modification. Any damaged finish areas of the tank shall be repaired to match factory finish. B. Install tank accessories in accordance with manufacturers' instructions and drawing details. C. Extend primary and emergency vents outside of the generator enclosure and terminated at a minimum height of twelve (12) feet above grade. GEFA Generator Fuel Guidelines January 1, 2012 Page 3 of 4 D. Contractor shall commission tank overfill alarm and prevention valve settings with Owner representative. E. Provide Owner with manufacturer tank chart with inches to gallon conversions. Mount a laminated copy of the chart inside the generator module for use by the fuel delivery operator. 3.02 PRESSURE TESTING/CERTIFICATION: A. The fuel tank shall be subjected to a field pressure tested after tank installation and before being placed in service. Primary tank shall be pressurized to 5 psig with air or nitrogen for 2 hours with no readable pressure drop, in accordance with manufacturer’s instructions/ recommendations. The secondary tank shall pass a 3 psig pressure test, or 5.3 in Hg vacuum test, or in accordance with the tank’s listing or manufacturer’s instructions for the same duration. Primary and secondary pressure tests shall not be conducted simultaneously. B. The Contractor shall provide written certification, signed by the Owner’s representative, that the tank passed the pressure or vacuum test. This certification shall be included with the Contractor’s final documentation provided to the Owner. C. The Contractor shall provide written certification that the appropriate Authority Having Jurisdiction has witnessed the tightness tests required by the prevailing Code. D. The fuel tank and associated piping systems shall meet all requirements of the most current Environmental Protection Agency Publications and local and State requirements. The fuel tank shall be installed in accordance with the manufacturer's recommendations and NFPA 30, NFPA 30A, NFPA 37, and local requirements. E. The Contractor shall comply with the provisions of all Federal and State regulations pertaining to the removal or modification of existing systems or installation of the new systems. F. The Contractor shall notify the State of the work to be performed (including removal and modification of existing systems and installation of new systems) within the times required. G. The Contractor shall obtain all permits and pay all fees required by the State and local jurisdictions. END OF SECTION GEFA Generator Fuel Guidelines January 1, 2012 Page 4 of 4