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R2006-012 01-23-06 RESOLUTION NO. R2006-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR PAINTING AND REHABILITATION SERVICES ASSOCIATED WITH THE ALICE STREET WATER TOWER. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for painting and rehabilitation services associated with the Alice Street water tower, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to David Cole Decorators, in the amount of $205,700.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for painting and rehabilitation services associated with the Alice Street water tower. PASSED, APPROVED and ADOPTED this the 23rd day of January A.D., 2006. ~n~" TOM REID MAYOR ATTEST: APPROVED AS TO FORM: Oa--:-~ DARRIN M. COKER CITY ATTORNEY DUNHAM ENGINEERING Water Tank Consultants 13141 Hill Rd. . College Station, TX 77845 . (979) 690-6555 · Mobile (979) 820-1648 · FAX (979) 690-7034 www.DunhamEngineering.com Bid Tabulation Sheet City of Pearl and, Texas Elevated Water Storage Tank Rehabilitation Project Bids opened January 5, 2006 @ 2:30 p.m. @ City office. Contractor Base Bid Amount Additive Bid Item N. G. Painting ~i~/060 B aDO ( l, .'Sb 0 I ~ 0ae) \. Gulf States Protective Coatings CZ~11 ~o 0 I Dave Cole Decorators \Q1-\{-oo M. K. Painting 3 3;- / c( 6 0 3 i ')0 0 George Kountoupes Painting -3 32\ q 0 c.J ~L oC':> C:J DMS Painting '?,- zt 660 ( ~., 000 ( TMI Coatings Tenyer Coatings Utility Services Houston ~. " .... / ../" /\__A ~-- Jimmy D. Dunham, P.E. ~\:-E: s- f (/ 0 CI () ( Angelos Painting ~3-~1 060 1- '2.:J <d oc ( ,,)00 \ <....:> '--'-.J ~ :x' J. ~~Y" \ .i tr c:. "-:> n-'l "" f.... ~j ~v -;;::, \..).J'>'........-...!) .--' (Joe o ~. '"0 "0 <c a. 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(979) 690-6555 · Mobile (979) 820-1648 · FAX (979) 690-7034 www.DunhamEngineering.com Resolution 2006-12 SPECIFICATIONS & CONTRACT DOCUMENTS CITY OF PEARLAND, TEXAS ELE\' ATED WATER STORAGE TANK REHABILITATION @ ALICE ROAD WATER PLANT CONSTRUCTION PROJECT """,,\ ---'i;. OF TE. '\ -.. ~..........~ \, 't!....,...*....r , ,. -;;I.' ". I , ... '. "* '. "'"* : '. " , . .* , * : ..............~...~ f"j'lMMY"O. DUNHAM I I .. ............ ....... ....~ ,....:... : , , .0'. 53622 :$" · ~". .11 Q ."~~ ~._...... e,o..c=;...!GIST€. ~~.~~ r. '\...sS.........~~_-~ .\.~AI.. -r): ~.' ~.....,~....- ~ --Z~ q--J .) -./ ~ DUNHAM ENGINEERING, Inc. 13141 HILL ROAD COLLEGE STATION, TEXAS 77845 Ownership of Documents: This document and the ideas and designs incorporated herein, as an instrument of professional service, is the property of Dunham Engineering, Inc. and is not to be used, in whole or in part for any project without the written authorization of Jimmy D. Dunham, P.E. 2-08-2006 5:04PM FROM JIMMY D DUNHAM. P. E. 9796907034 P_ 2 DUNK AM ENGINEERING '°ERING Wat Tank Consultants 4k� 13141 Hill Rd. • College Station,TX 77845 • (979)690-6555•Mobile(979)820-164 •FAX (979)690-7034 � www.DuithomPagineering.com frt.! February 8,2006 Dave Cole Decorators 325 Martindale Sparta, Michigan 49345 • Attn: Mike Cole Ref.: City of Pearland, Texas—Alice Road Elevated Water Tank Rehabilitation 1roject A pre-construction meeting was held this date for the ref. project. • A signed copy of the contract was provided to your representative. • The following contract dates are established: o Start date is February 8, 2006 and completion date is June 13 2006. • Please use Pearland Purchase Order Number 061161 on your invoice'_ • Finish color is Desert Sands. • You may delete the clear coat of urethane and add the UV blacker in o the color coat of urethane at no change in price to the contract. PIease call with any questions. Sincerely, - Jimmy D. Dunham,P.E. • CF:Bobby Whisenhunt,Pearland Water Superintendent DM ENGINEERING t' ' 1 Water Tank Consultants ,AFA 13141 Hill Rd. • College Station,TX 77845 • (979)690-6555 •.Mobile(979)820-1648 • FAX (979)690-7034 www.Dunham'Engineering.com 8 r/ �I • January 30, 2006 City of Pearland • 3 510 E. Orange Pearland, Texas 77581 Attn: Bobby Whisenhunt, Water System Superintendent Ref.: Alice Road Elevated Water Tank Rehabilitation Project • Enclosed please find four(4) copies of the ref. project contract documents. The construction bonds are included and the contractor has signed the Agreement. Please have the Mayor sign the Agreement where indicated at the colored tabs. Do not date the Agreement or the Bonds. Please return all four(4) copies to our office. We will date the Bonds and Agreement and return two (2) copies to you at that time. The contractor is authorized to tear down the bolted steel tank at this time. A pre- construction conference will be scheduled prior to construction of the new tank. We look forward to working with you on this project and providing a quality product we can all be proud of. Please call if you have any questions. Sincerely, ( 1 ✓'1_1� `Liimmy D. Dunham, P.E. CITY OF PEA►RLA►ND SEALED BID LOG PROJECT: Elevated Water Storage Tank . BID NO.: 2006-16 DATE BID CLOSES: January 5, 2006 TIME: 2:30 P.M. LOCATION OF BID OPENING: City Hall Conference Room Page 1 of 1 VENDOR. DATE RECEIVED TIME RECEIVED REC'D BY: 1. Dave Cole Decorator Inc. December 30, 2005 10:10 A.M. Jane 2 George Kountoupes Painting Co. January 4, 2006 11:39 A.M. Jane 3. M. K: Painting, Inc. January 4, 2006 11:39 A.M. Jane 4. Gulfstates Protective Coating, Inc. January 4, 2006 2:03 P.M. Jane 5. N.G. Painting, L.P. January 5, 2006 10:06 A.M. Sonia 6. Utility Service Co., Inc January 5, 2006 10:08 A.M. Sonia 7. Angelos Painting, Inc. January 5, 2006 1:59 P.M. Jane 8. DMS Painting, Inc. January 5, 2006 2:01 P.M. Jane • �J. Delivered to. � Date: / 5 .di Time: .g-;30/eI Delivered by: Updated-1/5/2006 2:32 PM Original—Purchasing/Finance . Copy City Secretary's Office —,, DUNH M ENGINEERING t;, ,..0 Water Tank Consultants 111 "4 13141 Hill Rd. •.College Station,TX 77845 • (979)690-6555 •Mobile(979)820-1648 °FAX (979)690-7034 �( � , www.Dunham1ngineering.com In Bid Tabulation Sheet City of Pearland, Texas , Elevated Water Storage Tank Rehabilitation Project Bids opened January 5, 2006 @ 2:30 p.m. @ City office. - Contractor Base Bid Amount Additive Bid Item �S oGO 5 , •OC: O N. G. Painting 22 - { 3''b O . ( _.s-6 d Gulf States Protective Coatings l 1 Dave Cole Decorators 1 O p ` c .c7 M. K. Painting 3 3 s I q 6 v t George Kountoupes Painting i v a e' c DMS Painting `2 Z&( GO 0 r 0 o° Tenyer Coatings TMI Coatings An elos Paintin 123. 0 15 0 -� o o o g g I Utility Services Houston 4 00 . Jimmy D. Dunham, P.E. 1 c. 1( 1 S re- w-=v L 4,,,,---- L ---- ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID V3 DATE(MM/DDmvY) DAVEC-1 01/24/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ottawa Kent Insurance, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O.>a ex 349, 7472 Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Jenison MI 49429-0349 Phone: 616-457-1320 Fax:616-457-4050 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Westfield Companies - 24112 INSURER B: Accident Fund., Dave Cole Decorators, Inc. INSURER C: 325_Martindale St INSURER D: Sparta MI 49345 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRC TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1000000 A X COMMERCIAL GENERAL LIABILITY TRA3672983 05/01/05 05/01/06 PRREMSES(Ea occurence) $100000 CLAIMS MADE X OCCUR MED EXP(Any one person) $5000 X Contractual Liab 05/01/04 05/01/05 PERSONAL&ADVINJURY $1000000 GENERAL AGGREGATE $2000000 GENL AGGREGATE UMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2000000 POLICY IA I JECT PRCI ri LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO TRA3672983 05/01/05 05/01/06 (Ea accident) $1000000 X ALL OWNED AUTOS 05/01/04 05/01/05 BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLALUIBILITY EACH OCCURRENCE $5000000 A X I OCCUR CLAIMSMADE TRA3672983 05/01/05 05/01/06 AGGREGATE $5000000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X S fAI U- OER- TOR Y LIMITS ER B EMPLOYERS'LIABILITY WC5019287 05/01/05 05/01/06 E.L.EACH ACCIDENT $500000 ANY PROPRIETOR/PARTNER/EXECUTIVE CFFICEi/MEMBER-EXCLUDED? — —05t-01-/09- -05/-01105- EL DISEASE=EAEMPLOYEE-$-5rj0oU0— If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $500000 OTHER A Rental Equipment TRA3672983 05/01/04 05/01/06 Rented Eq $250,000 A Materials Stored TRA3672983 05/01/04 05/01/06 Materials $150,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Job: City of Pearland TX - Elevated Water Storage Tank Rehabilitation @ Alice Rd. CERTIFICATE HOLDER CANCELLATION DUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Dunham Engineering IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 13141 Hill Rd. College Station TX 77845 REPRESENTATIVES. AUTHORIZED REPLIES A • ACORD 25(2001/08) ©ACORD CORPORATION 1988 • - _• DUNHAM ENGINEERING '' 1 Water Tank Consultants _ , t 13141 Hill Rd. • College Station,TX 77845 • (979)690-6555 • Mobile(979)820-1648 •FAX (979)690-7034 Hi ` '. d A www.DunhamEngineering.com FrE 7 IF 1! Resolution 2006-12 T, r, SPECIFICATIONS & CONTRACT DOCUMENTS L_, tin, CITY OF PEARLAND, TEXAS Jr ELEVATED WATER STORAGE TANK REHABILITATION @ ALICE ROADWATER PLANT im CONSTRUCTION PROJECT ..,17 7 „'� ` P.cE of r �� .i1_, ,..JIMMY_D.DUNHAM...; rt.o: 53622 .- �- I-Ipi�ssrrsTER Gv- ` 4 - 3 C`� of S r' DUNHAM ENGINEERING, Inc. P 13141 HILL ROAD r COLLEGE STATION, TEXAS 77845 1. ", Ownership of Documents: This document and the ideas and designs incorporated herein, as an instrument of professional service, is the property of Dunham Engineering, Inc. and is not to be used, in whole or in part for any project without the written authorization of Jimmy D. ' Dunham, P.E. -7 2 , - : ,... _, i F TABLE OF CONTENTS SECTION DESCRIPTION NUMBER q I Notice to Bidders L II Instructions to Bidders t� lII Bidder's Proposal IV Standard Form of Agreement V Bonds VI General Conditions VII Special Conditions VIII Technical Specifications DRAWINGS -7 Maps Engineer's Report of Inspection Details crt SECTION I NOTICE TO CONTRACTORS RFB #' 006-015 NOTICE TO BIDDERS OF THE INTENTION OF THE CITY OF PEARLAND,TEXAS TO AWARD A CONSTRUCTION CONTRACT'FOR REHABILITATION OF ONE WATER TANK Sealed bids will be received from qualified Contractors addressed to Purchasing Department,City Hall,2nd floor, suite 252, 3519 Liberty Dr., Pearland,Texas 77581 or delivered to the same address until 2:30.p.m. January 5, 2006 for furnishing all labor, materials and equipment for the work required for rehabilitation of the water tank as listed in the specifications for the Elevated Water Storage Tank Rehabilitation @ Alice Road Water Plant prepared by Dunham Engineering, Inc. Proposals will be publicly opened and read aloud at the address above at the same time and date. Any bid received after the above closing time will be returned unopened. emen of protective coatings work consists of replacement and misc. structural steel repairs on an existing elevated water storage tank at the Alice Road Water Plant in Pearland,Texas. Bids shall be submitted in sealed envelopes upon the blank form of proposal furnished. Sealed envelopes shall be marked in the upper left hand corner as follows: "DO NOT OPEN IN MAIL ROOM' BID FOR CITY OF PEARLAND ELEVATED WATER TANK REHABILITATION CONSTRUCTION PROJECT RFB.#2006-016 TO BE OPENED: 2:30 p.m.January 5,2006 All proposals shall be accompanied by a cashier's or certified check upon a national or state bank in the amount of 5% of the total bid amount, payable to City of Pearland, Texas or a bid bond in the same amount from a reliable surety company as a guarantee that the bidder will enter into a contract and execute performance and payment bonds within fifteen(15) days after notice of award. Bids without check or bid bond will not be considered. All payment and performance bonds must be issued by a surety licensed by the Texas Department of Insurance and must have a minimum Best Key Rating Guide of"A" or C. "A-". SECTION I-1 I The Contract will be awarded to the responsible bidder who, in the opinion of the Owner and Engineer, is best capable of performing the work. The evaluation shall be based on the contractor's previous work experience, available resources, knowledge of the work and bid price. The OWNER reserves the right to reject any or all bids and to waive any and all informalities in bidding. Plans and specifications are on file at the Engineer's office in College Station. Proposal 7 forms and specifications may be obtained from Dunham Engineering, Inc., 13141 Hill Rd.,College Station,Texas 77845, Phone(979) 690-6555,upon deposit of$75.00 per set. The amount of deposit will be refunded to each bidder who returns the documents in good condition within ten days after opening bids or any contractor who returns the documents in good condition before bids are opened. Deposits of Suppliers and subcontractors will not be refunded. Contractors who do not return plans before bid date or who do not bid forfeit the bid deposit. 1 Bidders are expected to inspect the site of the work and to inform themselves of local conditions, and carefully examine the specifications and other documents. Should the bidder find discrepancies in, or omissions from the specifications or documents, or have a question regarding their meaning, bidder should at once notify Dunham Engineering, Inc. and obtain clarification prior to submitting any bid. The project site is located at Alice Road Water Plant in Pearland,Texas. Contact the City Superintendent @ 713-775-4064 to arrange a site visit and coordinate for the gate to be opened.The plant can be inspected during normal operating hours Monday- ,‘; Friday from 8:00 a.m.to 4:00 p.m. A pre-bid conference will not be held. Call the Engineer to ask any question pertaining to the project requirements. Contact the Engineer @ office phone#979-690-6555 or mobile phone#979-820-1648. `A] END OF NOTICE TO CONTRACTORS SECTION I-2 Section II Instructions to Bidders r r t t r r L 0 L . SECTION II INSTRUCTIONS TO BIDDERS 1. PREPARATION AND SUBMISSION OF PROPOSAL Bids shall be prepared by filling in all the blank spaces of the proposal form, which is part of these documents. The proposal shall not be removed from the bound documents. The completed documents shall be returned with the bid. Bids may be rendered out of form and then subject to rejection by non- responsiveness by failure to supply all information indicated, or by making any limitation, condition or provisions: bids which are out of form are subject to rejection at the discretion of the Owner. Bids shall be submitted in sealed envelopes which are clearly identified with the name and address of the bidder and bearing a statement indicating the project on which the bid is submitted. A bidder may withdraw his proposal only by presenting a written statement to the effect prior to the closing time. The proposal shall be executed in ink in the complete and correct name of the individual, firm, corporation, or combination thereof making the proposal and be signed by the person or persons authorized to legally bind the individual,firm,corporation or combination thereof. 2 EXAMINATION OF SITE Prior to submission of a proposal,the bidder shall have made a thorough examination of the site of the work and of the plans and specifications, and shall become informed as to the location and nature of the proposed construction, labor conditions and all other matters including climate and wind conditions that may effect the cost and time of completion of the work upon which he bids. The submission of a bid by bidder shall be conclusive evidence that he has complied with these requirements. 3. INTERPRETATION OF ESTIMATES OF QUAN'ITTIES The quantities listed in the Proposal Form will be considered as,approximate and will be used for the comparison of bids. Payments will be made to the contractor only for the actual quantities of work done or materials furnished in accordance with the contract. The quantity of work to be done and materials to be furnished may be increased or decreased, as allowed by Texas law and provided in the General Provisions. 4. INTERPRETATION OF QUOTED PRICES In case of a difference between the written words and any figure in a proposal, the amount stated in writing will be computed as the bid amount. SECTION 11-1 5. DISCREPANCIES IN BIDS In case of lack of clarity in a proposal,the Owner will adopt the most advantageous interpretation thereof or may reject the bid. 6. UNBALANCED BIDS Unreasonable or unbalanced unit prices that do not generally reflect industry standard pricing will be cause for rejection of any bids. 7. INTERPRETATION OF PLANS AND SPECIFICATIONS Any written questions as to the meaning of any plans and/or specifications will be answered by addendum which will be sent to all who have been furnished with contract documents and plans. Questions in writing shall be directed to the Engineer for consideration and response. 8. BID BOND The bidder shall provide with the proposal a cashier's or certified check or a bid bond in the amount equal to five percent(5%) of the total proposal price. 9. AWARD OF CONTRACT The bid shall be awarded to the low responsive,responsible bidder. Approvals are required for award of the contract therefore, the OWNER reserves the right to accept any other bid proposals within thirty (30) days of the date of bid opening. Reference"Proposal",Section IIL 10. CONTRACTOR'S INSURANCE The CONTRACTOR,before starting work for the OWNER,must furnish to the OWNER,Certificates of Insurance or other.acceptable evidence from a reputable insurance company or companies (such companies to be acceptable to the Owner)licensed to write insurance in the State of Texas,showing that the CONTRACTOR is covered by the insurance as follows: Liability (1) Statutory Worker's Compensation Insurance with Employer's Insurance in the amount of$500,000. (2) Commercial General Public Liability Insurance with a$1,000,000. Combined Single Limit SECTION ll-2 ti, (3) Comprehensive Automobile Public Liability Insurance with a riE $1,000,000 Combined Single Limit on all self-propelled vehicles used in L. connection with the contract,whether owned, non-owned or hired. 7 (4) Umbrella Liability Coverage: The insurance shall protect the Contractor and additional insured's against all claims in excess of the limits provided under the employer's liability,comprehensive automobile liability, 7 and commercial general liability policies. The liability limits of the umbrella policy shall not be less than$1,000,000.00.The policy shall be an"occurrence" type policy. LICC The Contractor will be required to furnish satisfactory certificates to the Owner for all the above required coverage with the contract. Such certificates shall be rfrom insurance companies acceptable to the Owner,name the Owner as - additional insured's and include 10 days written notice to the Owner for cancellation or change in the coverage. The Certificates of Insurance must verify that no endorsements limiting or reducing coverage for the additional insured's are a part of the liability policy contract. 7 The Contractor shall be responsible for insurance to cover equipment, tools, materials, supplies,etc. used in the performance of work owned or rented, the c''' capital value of which is not included in the cost of this contract Insurance policies are to be written by companies authorized to do business 7 under the laws of the State of Texas and on forms approved by the State Board of Insurance of the State of Texas. The Contractor shall provide the Owner a copy of all insurance policies. r. 11. INDEMNIFICATION c'1, CONTRACTOR SHALL, TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, INDEMNIFY AND HOLD HARMLESS OWNER FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES 7 (INCLUDING, BUT NOT LIMITED TO, FEES OF ENGINEERS, ARCHITECTS, ATTORNEYS AND OTHER PROFESSIONALS AND COURT COSTS) ARISING DIRECTLY, INDIRECTLY OR CONSEQUENTIALLY OUT OF ANY ACTION, 7, LEGAL OR EQUITABLE, BROUGHT BY ANY SUCH OTHER PARTY AGAINST OWNER TO THE EXTENT BASED ON A CLAIM ARISING OUT OF 7 CONTRACTOR'S NEGLIGENT PERFORMANCE OF THE WORK. IT IS THE EXPRESSED INTENT OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR 7 TO INDEMNIFY AND PROTECT OWNER FROM THE CONSEQUENCES OF OWNER'S OWN NEGLIGENCE, WHEN THAT NEGLIGENCE ON THE PART OF THE OWNER IS A CONCURRING CAUSE OF THE INJURY, DEATH OR ri DAMAGE. SECTION II-3 FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE OWNER INDEPENDENT OF THE FAULT OF ANY OTHER PERSON OR ENTITY. 12. ANTITRUST CONTRACTOR hereby assigns to OWNER any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 U.S.C.A.Sec.1 et seq. (1973) 13. EXPERIENCE RECORD In order for the OWNER and the ENGINEER to give proper consideration to each bidder and in order to expedite the selection of the lowest responsive and responsible bid,each bidder is required to fill out the EXPERIENCE RECORD form found at the end of this section. I SECTION II- Section III Bidder's Proposal r-. -,111 L L ‘,;! SECTION III BIDDER'S PROPOSAL Date DECEMBER 29, 2005 7 Proposal of DAVE COLE DECORATORS, INC. MICHIGAN. a corporation organized and existing under laws of the State of a partnership consisting of an individual trading as To: City Secretary City of Pearland 3519 Liberty Dr. Pearland,Texas 7'7581 Dear Sir: Pursuant to the forgoing Notice to Bidders, the undersigned bidder hereby proposes to do all the work and furnish all necessary superintendence, labor,machinery, eq'upment, tools and materials, and whatever else may be necessary to complete all the work upon which he bids, as provided by the attached specifications and shown on the plans,and binds himself on acceptance of this proposal to execute a contract and bond, according to the accompanying forms, for performing and completing the said work within the time stated and maintaining same as required by the detailed specifications for the following prices to wit - I SECTION III- 1 City of Pearland, Texas Bid Schedule 500,000 Gallon Elevated Water Tank Rehabilitation Project @ Alice Road Water Plant No. Quantity Price in Words 1. Lump Sum Furnish material and labor to $ 74,500.00 replace the interior coating system on the tank per the Technical Specifications for a lump sum of SEVENTY-FOUR THOUSAND FTVFIDRELLdollars and E0 cents. 2. Lump Sum Furnish material and labor to $ 104 700.00 replace the exterior coating system on the tank per the Technical Specifications for a lump sum of ONE HUNDRED FOUR THOUSAND SEVEN HUNDRED dollars and NO cents. 3. Lump Sum Furnish material and labor to $ 18,500.00 repair the tank per the Technical Specifications for a lump sum of EIGHTEEN THOUSAND FIVE HUNDREDdollars and NO cents. Base Bid: Total of items 1-3 above ONE HUNDRED dollars and NO cents $ 197,700.00 NINETY-SEVEN THOUSAND SEVEN HUNDRED C Additive Bid Items: 1. Lump Sum Furnish equipment and labor to $ 8,000.00 pressure wash the interior of the tank below the high water line per the Technical Specifications for a lump sum of EIGHT THOUSAIlirllars and NQcents. The undersigned bidder agrees to commence work within ten (10) days after the written notice to commence work. The work will be substantially completed in one hundred twenty (120) calendar days. SECJJON D7i- 2 Enclosed with this proposal is a cashier's or certified check for E NINE THOUSAND EI ) Dollars, or a bid bond in the sum of EIGHTY-FIVE ($ 9,885.00 ) Dollars, which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this proposal is accepted by the Owner within thirty (30) days after the date advertised for the reception of bids and the undersigned fails to execute the contract and the required bond with the Owner, under the conditions hereof, within fifteen(15) days after the said proposal is accepted, otherwise, said check or bond shall be returned to the undersigned upon demand. The undersigned hereby declares that he has visited the site and has carefully examined the contract documents relative to the work covered by the above bid. Respectfully submitted, k Bidder: DAVE COLE DECORA ORS,, INC. Signed: .Gt° 1.4.., Title: PRSIDENT Address: 325 MARTINDALE STREET SPARTA, MI 49345 Seal-if bidder is a corporation • r SEC DON ffl- 3 I Section IV Standard Form of Agreement L r L r r r r 1 r fl r EE S CTION IV STANDARD FORM OF AGREEMENT As Adopted By THE TEXAS SECTION OF L THE AMERICAN SOCIETY OF CIVIL ENGINEERS STATE OF TEXAS L_ COUNTY OF BRAZORIA THIS AGREEMENT, made and entered into this ' day of-i Z'`^"z , A.D., 2006, by and between City of Pearland of the State of Texas, acting through the City Mayor, thereunto duly authorized so to do, Party of the First Part,hereinafter termed OWNER, and Dave Cole Decorators, Inc. of the City of Sparta of the State of Michigan, Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part(CONTRACTOR), hereby agrees with the said Party of the First part(OWNER) to commence and complete the construction of certain improvements described as follows: Furnish all material and labor for the rehabilitation of the elevated water tank at Alice Road Water Plant in Pearland, Texas in accordance with the base bid and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefore, as prepared by Dunham Engineering, Inc., 13141 Hill Rd., College Station, Texas 77845, (979) 690- L' 6555 herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance and Payment Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. r SECTION IV- 1 7 L The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete 7 the same within one hundred twenty (120) calendar days after the date of the written notice to commence work, subject to the extensions of time as are provided by the 7 General Conditions of the contract. IN WITNESS THEREOF, the parties to these presents have executed this Agreement in the year and day first above written. k7 7 r d pm Party, First Part(O NE ) Party, Second Part(CONTRACT R) L , By:,------)G►-7t) J By: 7 ATTEST: ATTES 1 (i .{i 7 ,_ _ . - . _ __ _. Li , / , ,. )4v( 6/cio(0,6:6-, lie ,. .' -2 , /lArSil% .11i, 1✓/�' ,7 ``a . d' ' ^ °`/ .... O f,ry�,< . . (SEAL) f = 7 .. , . ,a , : 7 :: :Nu. A • Cn ®off e••,O'o...e.••� �4; r .,,�P� ...., 0®sacs®a+ +°° e. r . 7 C SECTION N-2 r L 1r► ti r Section V Bonds f r 1 _ L r r r r r -----_--_,.--_=1,-,„ PERFORMANCE BOND 7 , STATE OF TEXAS ECOUNTY OF Bond # 54-158112 7 KNOW ALL MEN BY THESE PRESENTS: That Dave Cole Decorators, Inc. of the City of Sparta , County of Kent , and State of El Michigan , as principal, and United Fire and Casualty Company authorized under the laws of the State of Texas to act as surety on bonds of principals, 7 are held and firmly bound unto City of Pearland, Texas 7 (Owner), in the penal sum of one Hundred Nienty Seven. Thousand Seven Hundred and 00/100 197,700.00 for the payment whereof,the said Principal and Surety Dollars ($ ) p ym bind themselves and their heirs, administrators, executors, successors and assigns,jointly and 7 severally,by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, 7 dated 23rd day of January ,20 06 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said 7 Principal shall faithfully perform said Contract, and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted and by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise, to remain in full force and effect. EPROVIDED,HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance 7 with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration 7 or addition to the terms of the contract, or to the work performed thereunder, or the plans, the specifications, or drawings accompanying the same, shall in anywise affect its obligation on 7 this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder. 7 The obligations bound will also include the obligations of the Owner to bind liquidated damages. 7 SECTION V 1 IN i-17ITNESS WHEREOF; the said Principal and Surety have signed and sealed this instrument this 23rd day of January 20 06 • 1 (SEAL) (SEAL) Dave Cole Decorators, Inc. United Fire and Casualty Company 1 Principal Surety 7 7 By: Ity %�z� 41.<_, By. �ii 124 0- �C( Kimberly A. Collier Title: ,/,/„�'� Title: Attorney-in-Fact Address: 325 Martindale Address: P.O. Box 1824 7 Sparta, Michigan 49345 Cedar Rapids, Iowa 52407 J Telephone: (616)887-9455 Telephone: (866)971-1192 Name and Address of the Resident Agency of Surety is: gO7 /1,g /-1R heIZ 7 1 oA1rgor,) ,,27 / i, -, 3n 3 54, 1 File Number: Countersignature o.f o icer dir ctor, principal or shareholder of the Resident Agent of j Surety: "Ay . . Printed Name: S f a F-.7 E eiL)S /l I l b 7 • i • 1 SECTION V 1 PAYMENT BOND STATE OF TEXAS COUNTY OF Bond /f 54-158112 KNOW ALL MEN BY THESE PRESENTS: That Dave Cole Dectorators, Inc. of the Cityof Sparta , of Kent , and State of County Michigan , as principal, and United Fire and Casualty Company authorized under the laws of the State of Texas to act as surety on bonds of principals, are held and firmly bound unto City of Pearland, Texas (Owner), in the penal sum of One Hundred Ninety Seven Thousand Seven Hundred and 00/100 Dollars $ 197,700.00 700.00 ) for the payment whereof, the said Principal and Surety PYm P bind themselves and their heirs, administrators, executors, successors and assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated 23rd day of January 20 06 to which contract is herebyreferred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise,to remain in full force and effect. PROVIDED,HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, the specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder. The obligations bound will also include the obligations of the Owner to bind liquidated damages. C SECTION V c f,N WITNESS VH� t ; _ F. the taid Principal :incl. tilij-e!v have signed =?n'`{ se.ak'd this instrument this `-' 1 day of Janda y / ,20 06 (SEAL) (SEAL) F' Dave Cole Decorators, Inc. United Fire and Casualty Company Principal Surety B �'' � � / �.l_�f="' B i I �i _47 Y: 6 Kimberly A. Collier Title: i1 �� Title: Attorney-in-Fact Address: 325 Martindale Street Address: P.O. Box 73909 Sparta, Michigan 49345 Cedar Rapids, Iowa 52407 Telephone: (616)887-9455 Telephone: (866)791-1192 Name and Address of the Resident Agency of Surety is: ,. SIFEZ ,gQ 7 qiug / bila VY16ivrgOvY) izv 1 sei s 'l o 36, File Number: 1 :) 6 1(O`� S 1 Countersignature of of 'ce , dir ctor, rincipal or shareholder of the Resident Agent of •..rety: Printed Name: i�/�� i�� 614 Efts 1 J Ll_ 1 1 1 1 SECTION V • : .. . . . . _. . .. . E . .___ 7 , . e . . ... , . . .. .....:: . . 'UNITED FIRE&.CASUALTY.COMPANY HOME OFFICE-CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY 7. . (Original on file at Home Office of Company-See Certification) KNOW ALL MEN BY THESE PRESENTS,That the UNITED FIRE&CASUALTY COMPANY, acorporation duly organized and 7 existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa does make,constitute and appoint Scott McIntyre,Jr., or David Lange, or.Randy A,.Ramlo, or David G. Dennis,or,Judith A.-Davis,::or'DennisJ. - : Richmann,or Michael D. May, or Ben Albertson,or D.Michael Hays, or Jeffrey S. Freeman;or Teri Sissel,be Sterling Emens, III,or Mary A.Jansen, or Michelle Wilson, or Patti Waddell, or Kevin F. Flood, or Kyanna Wieseler,or Geoffrey G. Lakis,or 7 Arthur J.Fearn, or Jeremy Lewis, or Patricia Wiebel,.All individually of Cedar Rapids, Iowa its true and lawful Attorney-in-Fact with.:, . power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds; undertakings and other:obligatory. instruments of similar nature as follows: Any and All Bonds . and to bind UNITED FIRE&CASUALTY COMPANY thereby as fully and to the same.extentas if such instruments were signed by'the 7 duly authorized officers of UNITED FIRE&CASUALTY COMPANY and;all the acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted,is continuous and shall remain in full force and effect until revoked by UNITED FIRE& l: CASUALTY COMPANY - I This power of Attorney is made and executedt:pursuan to and.by authority of the following By-I_.aw duly adopted..by Board of Directors of the Company on April.18, 1973; Article V Surety Bonds and Undertakings 7Section 2,Appointment of Attorney-in-Fact. 'The°President or any Vice President or any other officer of the Company may from time to time, ap point by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of '. insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, 7Iand the Corporate:seal,may be affixed by facsimile to any power of attorney or special powerdf attorney or certification of either authorized hereby;such signature and seal,when so used,being adopted by the Company as the.original signature of such officer and the original:seal of the Company,to be valid and binding upon the Company with the same force and effect as :: though manually:affixed <Stich attorneys-in fact,subject to the limitations set forth in their respective certificates of authority.: 7shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of':: the-Company thereto ._The President or any Vice President,the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF e..the UNITED FIRE&CASUALTY COMPANY has caused these presents to be signed by its vic president and its corporate seal to be hereto affixed this November 7,2005. 7 ... „„ conrorsw� ; UNITED FIRE&CASUALTY COMPANY `� SEAL - - .' , By /�/ Vice President State of Iowa,County of Linn ss I s ::. : 'On7 ,November 7 2005 before me personally came'Geoffrey G. Lakis to me known,who being by me duly sworn dia.depose and<say :: that.he resides in Cedar Rapids State of Iowa;that he is a Vice President of the UNITED FIRE&CASUALTY;COMPANY;the' corporation'described in and which executed the above instrument that he knows the seal of said corporation;that the seal affixed to - the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation • and.that he signed:his name thereto pursuant to like authority, and acknowledges_.seme to be the act and deed of said corporation. ".*'••. MARY:A.JANSEN i :° ' COMMISSION NUMBER 713273 ' Nota .P t1AY. rY .ublic,..: lC _. My commission expires: 10 26-07 • :CERTIFICATION I,the undersigned officer of the-UNITED FIRE& CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the:Section of the by-laws of said Company as set.forth in:said Power of Attorney, Fil :with the ORIGINALS:ON FILE.IN THE HOME OFFICE OF:SAID'COMPANY and that the:seme are correct transcripts:thereof and of the whole of the said originals and that the.said;Power of Attorney':has not been revoked and is now in`full force and.:effect t. y to timonw reof I have hereunto subscribed my name-and affixed the corporate seal of the said Company. riii this ,Al day of }''";! ..1 2006. LI .., CORPORATE t - 1 '„ SEAL � T Secretary 7hnuuna•`• . . . . . . . . -.. - . • .... . .. ... :. ..:E. ... : •- :•:. .• ..•. UNITED-FIRE&CASUALTY COMPANY •:•-:. -:,.. •"-• ..• .• • . ••• • •:. ...• ... ... . . .... ... . • .• ., .••. ..... -,... -•. . ... . . . .. . .... . . 7".. . . .. ..: ::,.. .., .•. :. - .... ,. •...• :HOME OFFICE-CEDAR RAPIDS,IOWA ••;:, :-.'• • . :'.•::: .::." ,,:.,.. -,-.!-::.• :-•:•-:.:...-• ••:.E. '.::.::.... ..:1-.,. CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company-See Certification) • . .. . . ... .... . . . :. ... . . . . .. .. .,.. . KNOW ALL MEN BY THESE PRESENTS That the UNITED FIRE &CASUALTY COMPANY.a.COrpOratiOn duly: organized and eXiSting.,. . .... .... ..: Uhderthellaws of the,State:;pf Iowa, and having its principal office in Cedar•Rapids..-.StateOf Iowa does Make,. constitute and appoint DENNIS •E SCULLY,- OR.:cARL .-V.ANDEit EOSH,,..:013 KIMBERLY A COLLIER, OR JO AN11.:)3ATRE,.. ALL INDIVIDUALLY of ••:::::..-!..:'.:•... - .... - :- • ...-- .., . • .. • - . .. .... ... .• ..... GRAND RAPIDS MI - , : . , ... , .,..,.. . ,. .:. . ,,..... -. ..]• its true and lavful-AttorneY(S)4n-fact-with power and authority:hereby conferred to sign,',seal and execute in its behalf all lawful pohds, r*::-..... undertakings and other obligatory instruments of nature as follows:: Any .and.:,.Ali .:ponds . .. . .. . " ... • :. ..•• • •. . ..... .... - . • : .• • .. . ... . . . . • '-'.". -• ••• - .. '. - — '.. - -' -- and to bind UNITBifi,FIRE'&1,CASUALTY COMPANY.therebYsas fully andtothe same extent as if suot:!ip :6-yrtient :),y0i:0gsiled-,)*10:0 duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pUrSuant to the adthOrity hereby -. „:giveriare hereby.ratifiedandconfirrne4. . ...,.:: : :::y.... - L.... .i.,:. .. :.; The Authority hereby granted*.porqinuoi:is..andhall:.remain in full force and effect until revoked by UNITED FIRE&4::..........,.... .:::_:........ . ::.• CASUALTY COMPANY:. ... '',: '',;...s ' :.-1:Ts .:' . '.. •:'' :.*::"•.......'• •• -i., ::... --: - :- .:.'•••::••••...::,.."..:'.• '1;:* ...•-• :.::::. -:':..:.',"....''.•••• ,•1, ;::$: :;if.' :*': ' •'.,. ',.::: --..:: .:This power:Of Attorney.is made ekecutedPursiiant..;to and by authority of the following By-Law duly adopted, .., ..:,. ...,.. .::.. .,.:... r:: '''.:bireaforS:'of the Company on April 1£3;•..1673....'•. ...'-!: ...: ':.• ::.':• .. •• .: . .---- .. L. ': • -'.. ,;:: '. -;" •.•:i-:'..., .' Article V.-Surety and Undertakings - ..,:: .•:.-.,,,. ::-.., ...-. .••'-.... ;.:::.:.:. .. -. ...... :.:::::....: •• • •.•••• . . , ••••••:::,•• ..•-•:•.• Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other'officerbf•the Company maSt.. ..f : from.time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of , -......' ..':--.:iniUrance,'bOhde;.Lindertakings and other obligatory instruments of like nature. The signature of any officer hereqy,7 , ::._ ..,.. .e.:... .;.'aricrthe Corporate seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of eitheradthorized:herebs;!Such signature and seal, when so used, being adopted by the Companyas...theOriginal'SignatOre.0 .'-'... .......; :':'.....- .. such officer and.the.Criginal:Seal of the Company,to be valid and binding upon the Company%.44th,:theSarnefOrceang:effect:as • .....;.:.:::' '•-,:-:,,, though manually affixed Such attorneys-in fact, subject to the limitations set forth in their'respebtiVe certificates of authority shall have full poiiier..to-bind the Company by their signature and execution of any such instruments and tO.:Attach.the seal of .'.....;:.:::.,„.. . the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company May at . .. ::::-......:.'....-. -. any time revoke:allpowerand authority previously given to any attorney-in-fact. r . .... _. . . . . - .. ... ... ... .. ... L' ;.* :.:::. "•..„,,•.,:::•. -;-'6,„4 .......2. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by . .. ... n .....- ... .:.. .i.,,.:: ,.:•.,e -,.. - •'' -'.:. 07i..c.-s3u4/1'", its vice president and its corporate seal to be hereto affixed this 30th day cfs.;-$07dtib0 ,.:i..200 .;,::::• •c„,. •-:-.,!.. ;..... ,.:f:::, •':::" ' 4.' p*PiitATE%V... •.,-':-.'.. .1 •'..: . ,•::•.••:•• • . :'.: *.:::.t. ,.:, fcr .,....:' :::,,:. :•::[., ' .„ ..'!!. ....::..i. .;;::;;, UNITED FIRE &CASUALTYCpMPANY...::/:-...,.:E:...::- •'',..f:!:'3'';':;:::..,::. I tot.IS IlLorfs • By 41:7-- , q (; ,;,-4.„:::VtqC PrOde0•:. 5tate.,offoii4,-1co.j,ntfot4infli'80,. •:. . ..• _. •:, .:.. i- .. • : . ...,- .::. -...:..-....'.!..on.,':30th!.:day::::of.:.Novegiber.,•,•:200.5, before me personally came Randy A. Ramlo ',.i.'•.:•;:, ':','..1 ,, :.' ,:....:'. :,•'..1:::' ',.'...!:.::: „•:,.!.:1;:,.:i:....,:-...:. ::i.:!.:::. :,'•i::'',.!. .:.:•.',.!.: :.:;:.,f, 7..::::;' to rne.khbVvn.,.:.Who::.being'.:by:;hie'dijfy sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa;thathe..isarVice. ' President of the UNITED FIRE?&CASUALTY COMPANY, the corporation described in and which executed the above instrument he.knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursdant.:.--r • to authority given by the Board of Directors of Said.corporation and that he sighpq;t3fs n.. .e thereto pursuant to::. eeuthoritypd.. ......,,.,).... .r..........:::. acknowledges same to::ffetii*..00*id FIed:::q said corporation -;.,s1.1: :.•' •:::7f•-:; ..'..: ..2,,... ----...,..:„.?.•,(:).'q ,:..L.. .,,-, ::::.....7:,:,..:':...':::.;:-:.. ':::...i.:;.: :.::::!.: ,„,:.'.,.::•:' ;:,,-;:,::,...' L .... . . ... :'...'''•,..:.::':.: :::. ... .....i .. .'...., .,..;:r.: :.::::' .: :•.: ...:. teCtary, •ubli0:.; ::..: :•::- ::;:...• ;'' ..: '.').::. :,. . . ?:: !::..... .c . . co.ii.liSiiiibil.,Ncitoe.ii 7027.4 ::'.•,:.i: .:.•.:'. .•.ef'• ::':-.::...:::My COmhilsiiOn':.;ex0tree: :,ib:/ :/?1)O7 ..i-::.;„ -.i.!,,:.i...,....!,..• r; :-.. ;::. .•., kil' COVimiE-sOXPi '':;:-.:;;::;,i.-..:,:• L, .„., ..,..1a. .:276 .74717_ . : : : . . ,....,.• ::.• ....- r.- : ,.•.::::..• .• ...: - ,... •-••• ..•.: • .• ..••• . . :...:. ...:::...::::: I the.uridersigned.offitei-.of the UNITED FIRE&CASUALTY COMPANY do hereby certify that l..:haVe.con),•Paredti4-:v.rj..pe?ipd:.,..?6Ry...-of.:.:1:;:::-:,..,,, f 1 the Power of Atteitne;and affidavit and the copy of the Section of.:the.15ylawt of said Company as set forth in.saidpower..of Attorney,...ci.: ...:,:;• L' with the ORIGNALS!ON..FILE IN THE HOME OFFICE 0F SAID COMPANY.,y.and that the are correct transcripts thereof;Onci:'of .,:: ... ,... ' -• the whole of the said and that the said.Power of Attorney has:not-been:revoked-end is now in full l'orceen0..effect.:,.... ril In testimony whereof I have hereunto subScribed my name and affixed the corporate seal of thetaid-COrnpany;:;::: this .23rd . . day of .January 20 06 - .. ... •_. i CIPOlitATE iii: - -:-... : .''--• •- - .. - ( .. .•..... ,. . . .. . . . . . . .. • /'.----1 . . . . . . . 0 - -2. !MIL 41 . ..-.: - . • L. <7,,....-..,e, ,. • vf , , --- -- - . . • 4.......0 • ., r .< -':'--'''-----' ,• • , ,•,, ,,;- - rill FONDC1121:-.)HD:,(;., Section VI General Conditions 0 r r r 7 . __ 1 This document has important legal consequences: consultation with an attorney is encouraged with Irespect to its completion or modification. 7 • - _ STANDARD 7. GENERAL CONDITIONS r OF THE CONSTRUCTION CONTRACT r Prepared by 7 Engineers Joint Contract Documents Committee and 7 _ Issued and Published Jointly By 7 NATIONAL �,MG rN` AMERI A OCIETY 01 `� ETY OF PROFESSIONAL " C E OM ENGINEERS ® A ''i ENQREERS - Ilikilo [' IO Ia o mu w M name 0 Nee llittiir, N I . PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the r - NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS 7 AMERICAN CONSULTING ENGINEERS COUNCIL 7 AMERICAN SOCIETY OF CIVIL ENGINEERS • CONSTRUCTION SPECIFICATIONS INSTITUTE 7 . . ,_ 7 This document has been approved and endorsed by 7 The Associated General Contractors of America • 1,4 These General Conditions have been prepared for use with the Owner-Contractor Agreements(No. 1910-8-A-I or 1910-8-A-2)(1990 Editions).Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering 7 Services and C retract Documents(No. 1910-9)(1986 Edition). For guidance in the preparation of Supplementary Conditions. see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When bidding is involved. the Standard Form of Instructions to Bidders 1No. 1910-12) (1990 Edition)may be used. EJCDC No. 1910-811990 Edition) • O 1990 National Society of Professional Engineers 1420 King Street.Alexandria. VA 22314 American Consulting Engineers Council 1015 15th Street.,N.W.,Washington. DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 Construction Specifications Institute 601 Madison St.. Alexandria. VA 22314 7 7 . . TABLE OF CONTENTS OF GENERAL CONDITIONS 7 Anick or Paragraph Pace Article or Paragraph Pace Number do Title Number Number d Title Number 1. DEFINITIONS 13 2.5-2.7 Before Starting Construction: 1.1 Addenda 13 CONTRACTOR'S Responsibility to ri" 1.2 Agreement 13 Report: Preliminary Schedules: 1.3 Application for Payment 13 'Delivery of Certificates of 1.4 Asbestos 13 Insurance 15 1.5 Bid 13 2.8 Preconstruction Conference 15 1.6 Bidding Documents 13 2.9 Initially Acceptable Schedules 16 1.7 Bidding Requirements 13 1.8 Bonds - 13 3. CONTRACT DOCUMENTS: INTENT. 7 1.9 Change Order 13 AMENDING. REUSE 16 1.10 Contract Documents 13 3.1-3.2 Intent 16 III Contract Price 13 3.3 Reference to Standards and 1.12 Contract limes 13 Specifications of Technical Societies: 7 1.13 CONTRACTOR 13 Reporting and Resolving 1.14 defective 13 Discrepancies 16 1.15 Drawings 13 3.4 Intent of Certain Terms or Adjectives.. 17 r 1.16 Effective Date of the Agreement 13 3.5 Amending Contract Documents ....... 17 L 1.17 ENGINEER 13 3.6 Supplementing Contract Documents ... 17 1.18 ENGINEER'S Consultant 13 3.7 Reuse of Documents 17 1.19 Field General71 Order 13 4. AVAILABILITY OF LANDS;SUBSURFACE AND 1.20 Requirements 14 121 Hazardous Waste 14 PHYSICALCONDITONS:REFERENCEPOINTS. 17 1.22 Laws and Regulations:Laws or 4.1 Availability of Lands 17 Regulations 14 4.2 Subsurface and Physical Conditions ... 17 7 123 . Liens 14 4.2.1 Reports and Drawings 17 1.24 Milestone 14 4.2.2 Limited Reliance by CONTRACTOR 125 Notice of Award 14 Authorized:Technical Data 18 1.26 Notice to Proceed 14 4.2.3 Notice of Differing Subsurface or 127 OWNER 14 Physical Conditions 18 128 Partial Utilization 14 4.2.4 ENGINEER'S Review 18 129 PCBs 14 4.2.5 Possible Contract Documents Change . 18 7 130 Petroleum14 4.2.6 Possible Price and Times Adjustments . 18 13! Project 14 4.3 Physical Conditions-Underground 132 Radioactive Material 14 Facilities 18 4.3.1 Shown or Indicated 18 1.33 Resident Project Representative I4 4.3.2 Not Shown or Indicated 19 1.34 Samples 14 4.4 Reference Points • 19 t 135 Shop Drawings 14 4.5 Asbestos. PCBs. Petroleum.Hazardous 136 Specifications 14. Waste or Radioactive Material 19 1.37 Suboonuactor • 14 7. 1.38 Substantial Completion 14 • 1.39 Supplementary Conditions 14 5. BONDS AND INSURANCE 20 1.40 Supplier 14 5.1-5.2 Performance.Payment and Other Bonds. 20 1.41 Underground Facilities ..._ 14 5.3 Licensed Sureties and insurers: 7 1.42 Unit Price Work 14 Certificates of Insurance 20 I.43 Work 15 5.4 CONTRACTOR's Liability Insurance . 20 IE. .44 Work Change Directive 1S 5.5 OWNER's Liability Insurance .21 1.45 Written Amendment 15 5.6 Property Insurance ''-1 5.7 Boiler and Machinery or Additional 2. PRELIMINARY MATTERS • 15 Property Insurance 21 2.1 Delivery of Bonds 15 5.8 Notice of Cancellation Provisions 2 I 2.2 Copies of Documents 15 5.9 CONTRACTOR's Responsibility for 7 2_3 Commencement of Contract Times: Deductible Amounts ''- Notice to Proceed 15 5.10 Other Special Insurance -- 2.4 Starting the Work 15 5.11 Waiver ui Rights ln F F I 71 Article or Paragraph Page Article or Paragraph Page Number& Title Number Number d Title Number en 5.12-5.13 -Receipt and Application of Insurance 8.6 Change Orders 29 Proceeds 22 8.7 Inspr erions.Tests and Approvals 29 - 5.14 Acceptance of Bonds and Insurance: 8.8 Stop or Suspend Work:Terminate Option to Replace 2 CONTRACTOR's Services 29 5.15 Partial Utilization-Property 8.9 Limitations on OWNER% it Insurance 23 Responsibilities 30 --. 8.10 Asbestos.PCBs. Petroleum.Hazardous 6. CONTRACTOR'S RESPONSIBILITIES 23 Waste or Radioactive Material 30 e"i 6.1-6.2 Supervision and Superintendence 23 8.11 Evidence of Financial Arrangements .. 30 63 6.5 Labor.Materials and Equipment 23 • 9. ENGINEER'S STATUS DURING • 6.6 Progress Schedule 23CONSTRUCTION30 an 6.7 Substitutes and"Or-Equal.. Items. 9.1 OWNER's Representative 30 , 1 CONTRACTOR%Expense: 9.2 Visits to Site 30 Substitute Construction' 9.3 Proj�Representative 30 Methods or Procedures; 9.4 Clarifications and Interpretations 30 `" ENGINEER%Evaluation 23 9.5 Authorized Variations in Work 30 ' 6.8-6.11 Concerning Subcontractors.Suppliers 9.6Rejecting Defective Work 30 and Others;Waiver of Rights 24 9.7 9.9 Shop Drawings.Change Orders and 6.12 patent Fees and Royalties 25 Payments 31 1 6.13 Permits 25 9.10 Donations for Unit Prices 31 6.14 Laws and Regulations 25 Disputes;Decisions on ENGINEER as 6.15 Taxes 25 Initial Interpreter 31pi 6.16 Use of Premises 26 9.13 Limitations on ENGINEER's 6.17 Site Cleanliness 26 Authoiity and Responsibilities 31 - . 6.18 . Safe Structural Loading 26 6.19 Record Documents 2610. CHANGES IN THE WORK 32 6.20 Safety and Protection 26 10.1 OWNER Ordered Change 32 6.21 Safety Representative 10.2 Claim for Adjustment 32 6.22 Hazard Commtunication Programs 27 10.3 Wort Not Required by Contract 6.23 Emagencies 27 Documents 32 624 Shop Drawings and Samples 27 10.4 Change Orders 6'� Submittal103 Notification of Surety 32 CONT'RACZOR's Review Prior to Shop Drawing or Sample Submittal . 27 11. CHANGE OF CONTRACT PRICE' 32 (``` 6.26 Shop Drawing&Sample Submittals 11.1-11.3 Contract Price Claim-for Adjustment; Review by.ENGINEER 27 Value of the Work 32 6.27 Responsibility for Variation From 11.4 Cost of the Wort 33 Contract Documents 27 11.5 Exclusions to Cost of the Work 34 7 6.28 Related Work Performed Prior to 11.6 CONTRAC IOR's Fee 34 ENGINEER's Review and Approval 11.7 Cost Records 34 of Required Submittals 27 11.8 Cash Allowances 35 6.29 Continuing the Work 28 11.9 Unit Price Work 35 6.30 CONTRACTOR's Generalli Warranty and Guarantee 28 12. CHANGE OF CONTRACT TIMES 35 6.31-6.33 Indemnification 28 12.1 Claim for Adjustment 35 6.34 Survival of Obligations 28 12.2 Tune of the Essence - 35 12.3 Delays Beyond CONTRACTOR's 7. OTHER WORK 29 Control 35 7.1 73 Related Work at Site . - 29 12.4 Delays Beyond OWNER's and 7.4 Coordination CONTRACTOR'S Control 35 1 8. OWNER'S RESPONSIBILITIES 29 8.1 Communications to Contractor 29 13. TESTS AND INSPECTIONS:CORRECTION. 8.2 Replacement of ENGINEER. 29 REMOVAL OR ACCEPTANCE OF DEFECTIVE 8.3 Furnish Data and Pay Promptly When WORK36 7 Due '29 13.1 Notice of Defects 36 8.4 Lands and Easements: Reports and I3.2 Access to the Work 36 - Tests 29 13.3 Tests and Inspections:Contractor's7 8.5 Insurance 29 Cooperation 36 2 7.1 , � -[7' Article or Paragraph Page Article or Paragraph Pare `�� Number& Title Number Number do Tide Number 13.4 - OWNER%Responsibilities: 14.12 Final Application for Payment 40 — Independent Testing Laboratory 36 14.13-14.14 Final Payment and Acceptance 40 Till. 13.5 CONTRACTOR's Responsibilities 36 14.15 Waiver of Claims 40 13.6-13.7 CoveringWork Prior to Inspection. Testing or Approval 15. SUSPENSION OF WORK AND 13.8-13.9 Uncovering Work at ENGINEER's TERMINATION 40 U_, Request • 36 15.1 OWNER May Suspend Work , 40 I3.10 OWNER May Stop the Work • 15.2-15.4 OWNER May Terminate 40 13.11 Correction or Removal of Defective , . ` 15.5 CONTRACTOR May Stop Work or [7 Work - 37 Terminate . 41 13.12 Correction Period 13.13 Acceptance of Defective Work , 37 16. DISPUTE RESOLUTION - 41 r 13.14 OWNER May Correct Defective L' block 37 17. MISCELLANEOUS 42 17.1 Giving Notice 42 17.2 Computation of Times 42 7 14. PAYMENTS TO CONTRACTOR AND COMPLETION 37 17.3 Notice of Claim 42 17.4 Cumulative,Remedies 42 14.1 Schedule of Values • . 37 17.5 Professional Fees and Court Costs 14.2 Application for Progress Payment 38 Included 42 14.3 CONTRACIOR's Warranty of Title :.. 38 . {", 14.4-14.7 Review of Applications for EXHIBIT GC-A(Optional): ' Progress Payments 38 Dispute Resolution Agreement(Optional) GC-Al. - 14.8-14.9 Substantial Completion 39 - 16.1-16.6 Arbitration GC-A 1 7 14.10 Partial Utilization 39 16.7 Mediation GC-A2 14.11 . Final Inspection 39 I. f L 7 . . . . 17, . • . . • 7. • 7 • . . r 7 , . . ,_ . 1 INDEX TO GENERAL CONDITIONS Article or Paragraph Article or Paragraph 7 Number Number .Acceptance of- Bidding Documents-definition of 1.6(6.8.2) 9 Bonds and insurance 5.14 Bidding Requirements-definitions of 1.7(1.1.4.2.6.2) defective Work 10.4.1. 13.13. 13.15 Bonds- final payment 9.12. 14.15 acceptance of 5.14 insurance 5.14 additional bonds 10.5. 11.4.5.9 other Work,by CONTRACTOR 7,3 Cost of the Work 11.5.4 :.,1 Substitutes and"Or-Equal" Items 6.7.1 definition of • 1.8 Work by OWNER 2.5,6.30.6.34 delivery of 2.1.5.1 application for payment 14.12-14.1471 Access to the- Lands.OWNER and CONTRACTOR general t 10.5.1-5.3.5.13,9.13,105, 14.7.E responsibilities 4.1 performance.Payment and Other 5.1-5.2 •site.related work 7.2 Bonds and Insurance--inon general 5 e Work. 131. 13.14.14.9 Builder's risk"all risk" policy form 5.6.2 CancelActs or Omissions-.Acts and won Provisions.Insurance S 4.11..5.8.5.15 Omissions- CONTRACTOR 6.9.1,9.133 Cuh Allowances 11.8 ENGINEER 6.20,9.13.3 Certificate of Substantial Completion 1.38.6302.3. 9 14.8. 14.10 OWNER 6.20,8.9 Certificates of Inspection 9.13.4, 13.5. 14.12 Addenda-definition of(also see Certificates of Insurance ..2.7.53.5.4.11.5.4.13,5.6.5.5.8. definition of Specifications) (1.6. 1.10.6.19) 1.1 5.14,9.13.4, 14.12 ''`� Additional Property Insurances 5.7 3 Change in Contract Price- Adjustments Contract Price or Contract Cash Allowances 11.8 Tunes 1.5.3.5.4.1.4.3.2,4.5.2,4.53.9.4,9.5, claim for price adjustment 4.1.4.2.6,4.5,5.15,6.8.2. 10.2-10.4, Il, 12. 14.8. iS_! 9.4,9.5,9.11, 10.2, 10.5, 11.2, 13.9, progress schedule 6.6 13.13. 13.14, 15.1. 15.5 t- :1 CONTRACiOR's fee 11.6 Agreemenfil definition of 1.2 Cost of the Work general 11.4-11.7 All risk Insurance,policy form 5.6.2 Ezdrrsions to 115 Allowances,Cash 11.8 Cost Records 11.7 Amending Contract Documents 3.5 in general 1.19, 1.44.9.11. 10.4.2. 10.4.3. 11 Amendment.Written- Lump Sum Pricing 11.3.2 in general .... 1.10. 1.45.3.5.5.10.5.12.6.6.2. 6.8.2.6.19, Notification of Surety 105 10.1. 10.4. 11.2. 12.1. 13.12.2. 14.7.2 Scope of • 10.3-10.4 r� Appeal.OWNER or CONTRACTOR Testing and Inspection. Uncovering the Work 13.9 jj intent to 9.10.9.11. 10.4. 16.2. 16.5 Unit Price Work 11.9 Application for Payment- Value of Work 11.3 definition of 1.3 Change in Contract Times- I ENGINEER'S Responsibility 9.9 Claim for times adjustment ....4.1.4.2.6.4.5.5.15.6.8.2. final payment 9.13.4.9.13.5. 14.12-14.15 9.4.95,9.11, 10.2. 10.5. 12.1, 13.9. 13.13, in general 2.8.2.9.5.6.4.9.10. 15.5 13.14. 14.7. 15.1. 15.5 progress payment 14.1 14.7 Contractual time limits 12.2 review of 14.4-14.7 Delays beyond CONTRACTOR's control 12.3 47 krbitration(Optional) 16.1-16.6 Delays beyond OWNER's and CONTRACTOR's con- ksbestos- trol 12.4 - claims pursuant thereto 4.5.2.4.5.3 Notification of surety 10.5 CONTRACTOR authorized to stop Work 45.2 Scope of change 10.3-10.4 definition of 1.4 Change Orders- OWNER responsibility for 4.5.1.8.10 Acceptance of Defective Work 13.13 9 possible price and times change 4.5.2 Amending Contract Documents 3.5 authorized Variations in Work 3.6.6.25.6.27,9.5 Cash Allowances 11.8 vailability of lands 4.1.8.4 Change of Contract Price I I ward. Notice of-defined 1.25 Change of Contract Times 12 9 efore Starting Construction '.5-2.8 Changes in the Work 10 id-definition of 1.5 CONTRACTOR's fee 11.6 (1.1. 1.10.2.3.3.3.4.2.6.4.6.13. 11.4.3. 11.9.11 Cost of the Work 11.4-11.7 1 7 7 . Article ur Paragraph Article or Paragraph Number Number Cost Records - 11.7 general 6.2.6.9.2.8.1 7 definition of I.9 Hazard Communication Programs 6.22 emergencies 6.23 Completion- ENGINEER's responsibility 9.8. 10.4. 11.2, 12.1 Final Application for Payment 14:12 execution of 10.4 Final Inspection 14.11 7 Indemnification 6.!2.6.16.6.31.6.33 Final Payment and Acceptance 14.13-14.14 Insurance.Bonds and 5.10.5.13, 10.5 Partial Utilization- 14.10 OWNER may terminate _ 15.2-15.4 Substantial Completion 1.38.14.8-14.9 OWNER's Responsibility 8.6, 10.4 Waiver of Claims 14.i5 Physical Conditions- Computation of Times 17.2.1-17.22 L! Subsurface and. 4.2 Concerning Subcontractors. Underground Facilities 4.3.2 Suppliers and Others 6.&6.1 I Record Documents 6.19 Conferences- r . Scope of Change 10.3-10.4 initially acceptable schedules 2-9 Substitutes 6.73.6.8.2 preconstruction 2.8 Unit Price Work - 11.9 Conflict.Error.Ambiguity,Discrepancy- 7 value of Work.covered by U 3 CONTRACTOR to Report 2S.33.2 Changes the Work 10 Concoction.before starting by CONTRACTOR ....2.5-2.7 Notification of surety 10.5 Construction Machinery, Equipment.etc. 6.4 OWNER%and CONTRAC'POR's responsibilities .... 10.4 Continuing the Work 6.29. 10.4 Right to an adjustment 10.2 Contract Documents- & ' Scope of change 10.3-10.4 Amending 3-5 Claims- Bonds 5.1 against CONTRACTOR 6 16 Cash Allowances .. 11.8 } ; against ENGINEER 6.32 Change of Contract Price - 11 against OWNER 6.32 Change of Contract Times • 12 Change of Contract Price 9.4. 11.2 Changes in the Work 10.4-10.5 7 Change of Contract Times 9.4. 12.1 check and verify 2.5CONTRA['IOR's 4;7.1,9.4,9.5.9.1 I. 10.2. 11.2, 119. Clarifications and Interpretations 3.2,3.6.9.4,9.11 12.1. 14.8. 15.1; 15.5. 17.3 definition of 1.10 CONTRACIOR's Fee 11.6 ENGINEER as initial interpreter of 9.11 T1 CON7RACIOR's liability 5.4,6:12,6.16,6;31 ENGINEER as OWNER's representative 9.1 Cost of the Work !Lk I 1.5 general 3 Decisions on Disputes 9.11.9.I2 Insurance 53 Dispute Resolution 16.1 Intent 0 3.1-3.4 7 Dispute Resolution Agreement 16.1-16.6 minor variations in the Work 3.6 ENGINEER as initial interpretor 9.11 OWNER's responsibility to furnish data 8.3 Lump Sum Pricing 11.3.2 OWNER's responsibility to make .7 Notice of 17:3 prompt payment 8.3. l4.4, 14.13 OWNER's 9.4.9.5.9.11. 10.3. 11.1 11.9, 12.1. 3.1.3.3.3 13.9. 13.13. 13.14. 17.3 . Record Documents •6.19 OWNER's liability - 5.5 Reference to Standards and Specifications OWNER may refuse-to makepayment 14.7 of Technical Societies 3.3 . , Professional Fees and Court Costs Included 17.5 Related Work 7.2 request for formal decision on 9 II Reporting and Resolving Discrepancies 2.5.3.3 Substitute items 6.7.1.2 Reuse of 3.7 7. Time Extension 12.1 Supplementing 3.6 Time requirements 9 11: 12.1 Termination of ENGINEER'S Employment 8.2 Unit Price Work 11.9.3 Unit Price Work 11.9 7 Value of 11.3 variations 3.6.6.23.6.27 Waiver of-on Final Payment 14.14. 14.15 Visits to Site. ENGINEER'S 9.2 Work Change Directive 10.2 Contract Price- written notice required 9.11. 11.2. 12.1 adjustment of - 3.5.4.1.9.4. 10.3. 11.2-1 1_3 Clarifications and Interpretations 3 6 3 9 4 9 11 Change of 11 Clean Site 6.17 Decision on Disputes 9.11 Codes of Technical Society. organization of - definition of 1.11 Association 3 3 3 Contra.Times- Commencement of Contract Times 2.3 adjustment of 3.5.4.1.9.4. 10.3. 12 1--' Communications- Change of 12.1-12.4 7 5 -II . Article or Paragraph Article or Paragraph Number Number Commencement of 1_.3 For Acts and Omissions of Others 6.9.1-6.9.2,9.13 definition of 1 12 for deductible amounts, insurance 5 9 rF :ONTRACTOR- general 6: 7.2.7.3.8.9 Acceptance of Insurance 5.14 Hazardous Communication,Programs 6.22 - . Limited Reliance on Technical Data Authorized 4.2.2 Indemnification 6.31-6.33 Communications 6.2,6.9.2 Labor,Materials and Equipment 6.3-63 fl Continue Work 6.29, 10.4 Laws and Regulations 6.14 ! 1 coordination and scheduling 6.9.2 Liability insurance S-4 definition of 1 13 Notice of variation from Contract Documents 6.27 May Stop Work or Terminate 15.5 Patent Fees and Royalties 6 12 n provide site access to others 7.1 13.2 Perrmits 6.13 Safety and Protection , 4.3.1.2,6.16.648.6.21-6.23. Progress Schedule 6.6 7.2. 13-2 Record Documents 6.19 Shop Drawing and Sample Review Prior to Submittal.6.25 related Work performed prior to ENGINEER'S 71 Stop Work requiremems 4.5.2 approval of required submittals 6.28 ,j :ONCRACIDR's- safe structural loading 6.18 Compensation 11.1-11.2 Safety and Protection 6.20.7.2. I32 Continuing Obligation 14.15 Safety Representative 6.21 Defective Work 9.6. 13.10-13.14 Scheduling the Work 6.92 . 7 Duty to correct defective Work 13.11 Shop Drawings and Samples 6.24 Duty to Report Shop Drawings and Samples Review Changes in the Work caused by by ENGINEER 626 71 Emergency 6.23 Site Cleanliness 6.i7 Defects in Work of Others 7.3 Submittal Procedures 6.25 Differing conditions 4.2,3 Substitute Construction Methods and 77 Discrepancy in Documents 23,33.2.6.14.2 Procedures 6.7.2 Underground Facilities not indicated 4.32 Substitutes and-Or-Equal" Items 6.7.1 Emergencies 623 Superintendence 6.2 Equipment and Machinery Rental,Cost Supervision 6:1 71 of the Work 11.4.53 Survival of Obligations 6.34 Fee-Cost-Plus 11.43.6. 113.1. 11.6 Taxes' 6.15 General Warranty and Guarantee 630 Testi and Inspections 133 Hazard Communication Programs 622 To Report 2.3 Indemnification 6 12.6.16.631-6.33 Use of Premises 6.16.6.18,6302,4 Inspection of the Work 73. 13.4, Review Prior to Shop Drawing or Sample Submittal ..625 Labor.Materials and Equipment 6.3-6.5 Right to adjustment for changes in the Work 102 r.r. Laws and Regulations..Compliancu by 6.14.1 right to claim.,4.7.1.9.4,9.5.9.11. 10.2. 111. 11.9, I2.1, Liability Insurance 5 4 13.9, 14.8. 15.1, 15.5. 173 "' Notice of Intent to Appeal 9.10, 10.4 Safety and Protection 6.20-622.7.2, 13-2 obligation to perform and complete the Work 6.30 Safety Representative 6,21 -atent Fees and Royalties,paid for by 6.12 Shop Drawings and Samples Submittals 6 24-6.28 rforrnance and Other Bonds 5.1 Special Consultants 11.4.4 Permits,obtained and paid for by 6.13 Substitute Construction Methods and Procedures 6 7 Progress Schedule 2.6.2.8.2.9,6.6,6.29, 10.4, 15.2.1 Substitutes and"Or-Equal" Items. Expense ...6.7.1,6.7.2 7.1 Request for formal decision on disputes 9 11 Subcontractors,Suppliers and Others 6.8-6.11 Responsibilities- Supervision and Superintendence 6.1.6.2.6.21 Changes in the Work 10.1 Taxes, Payment by 6.15 Concerning Subcontractors.Suppliers and Others.6.8- Use of Premises 6.16-6.18 n 6.11 Warranties and guarantees 6 30,6.5 Continuing the Work 6.29, 10.4 Warranty of Title 143 CONTRACTOR'S expense 6.7.1 Written Notice Required- CONIRAC-IOR's General Warranty and Guaran- CONTRACTOR stop Work or terminate 15.5 tee 6.30 Reports of Differing Subsurface and Physical Condi- CONIRAC'IOR's review prior to Shop Drawing or Sam- tions 4.2.3 ple submittal 6.25 Substantial Completion 14.87 Coordination of Work 6.9.2 CONTRACTORS-other 7 Emergencies 6.23 Contractual Liability Insurance 5.4.10 ENGINEER'S evaluation.Substitutes Contractual Time Limits 12.2 or"Or-Equal" Items 6.7.3 Coordination 71• 7 7 Article or Paragraph Article or Paragraph 7: . Number Article CONTRACTOR's responsibility 6 9.2 Determinations for Unit Prices 9.10 Copies of Documents 2 2 Differing Subsurface or 7 Correction Period 13.12 Physical Conditions Correction.Removal or Acceptance of Notice of • - 4.2.3 Defective Work ENGINEER'S Review 4 2 4 71, in general 10.4.1, 13.10-13.14 Possible Contract Documents Change 4.2.5 Acceptance of Defective Work 13.13 Possible Price and Times Adjustments 42.6 Correction or Removal of Defective Work 630. 13.11 Discrepancies-Reporting and Resolving ....25.3.3.2.6.i4.2 Correction Period 13.12 Dispute Resolution- 7 OWNER May Correct Defective Work 13.14 Agreement 16.1-16.6 OWNER May Stop Work 13.10 Arbitration 16.1-16.5 Cost- general 16 of Tests and Inspections 13.4 Mediation 16.6 Records 11.7 Dispute Resolution Agreement 16.1-16.6 ,r,, Cost of the Work- Disputes.Decisions by ENGINEER 9.11-9.12 Bonds and insurance,additional 11.4.5,9 Documents- Cash Discounts 11.42 Copies of f22 7' CONTRAL'IOR's Fee 11.6 Record 6.19 _ 3.7 Employee Expenses 11.4.5.1 Reuse of Exclusions to 11.5 Drawings-definition of 1.15 7 General 11.4-115 Easements 4.1 Home office and overhead expenses 11.5 Effective date of Agreement-definition of" 1.16 Losses and damages 11.4.5.6 Emergencies 6.23 Materials and equipment 11.4.2 ENGINEER- Minor expenses 11.4.5.8 as initial interpreter on disputes 9.11-9.12 L Payroll costs on changes 11.4.1 definition of 1.17 performed by Subcontractors 11.43 Limitations on authority and Records 11.7 responsibilities - 9.13 i Rentals of construction equipment and machinery. 11.4e53 Replacement of 8.2 Royalty payments,permits and license fees 11.455 Resident Project Representative 9.3 Site office and temporary facilities 11.4.5.2 ENGINEER'S Consultant-definition of 1.18 7 Special Consultants.CONTRACTOR'S 11.4.4 ENGINEER's- Supplemental 11.4.5 authority and responsibility,limitations on 9.13 Taxes related to the Work 11.43.4 ' Authorized Variations in the Work - 9.5 Tests and Inspection 13.4 Change Orders responsibility for 9.7. 10, 11. I2 7 Trade Discounts 11.4.2 Clarifications and Interpretations 3.6.3,9.4 Utilities,fuel and sanitary facilities 11.43.7 Decisions on Disputes 9.11-9.12 Work after regular hours 11.4.1. defective Work,notice of 13.1 Covering Work 13.6-13.7 Evaluation of Substitute Items 6.7.3 7 Cumulative Remedies 17.4-17.5 Liability , 632.9.12 Cutting,fitting and patching 7 2 Notice Work is Acceptable 14.13 Data,to be furnished by OWNER 8 3 Observations 6.30.2,9.2 7 Day-definition of 17.2.2 OWNER's Representative 9.1 Decisions on Disputes 9.11.9.12 Payments to the CONTRACTOR. defective-definition of 1.14 Responsibility for 9.9. 14 defective Work- Recommendation of Payment _ 14.4. 14.13 7Acceptance of 10.4.1. 13.13 Responsibilities- , Correction or Removal of 10.4.1, 13.11 Limitations on 9 119.13 Correction Period • 13.12 Review of Reports on Differing Subsurface in general 13. 14.7, 14.11 and Physical Conditions 4.2:4 7 Observation by ENGINEER 9.2 Shop Drawings and Samples.review OWNER May Stop Work 13.10 responsibility 6.26 Prompt Notice of Defects 13.1 Status'During Construction- Rejecting 9.6 authorized variations in the Work 9.5 Uncovering the Work 13.8 Clarifications and Interpretations 9.4 Definitions 1 Decisions on Disputes 9.11-9.12 Delays . 4.1,6.29. 12.3-12.4 " Determinations on Unit Price 9.10 7 Delivery of Bonds 2.1 ENGINEER as Initial Interpreter 9.11-9.12 `ivery of certificates of insurance 2 7 ENGINEER's Responsibilities 9.1-9.12 7 7 . 71 Article or Paragraph Article or Paragraph Number Number -Limitations on ENGINEER's Authority and deductible amounts.CONTRACTOR'S Responsibilities 9.13 responsibility 5.9 7 - OWNER's Representative 9 1 Final Application for Payment 14.12 Project Representative 93 licensed Insurers 5-3 Rejecting Defective Work 9.6 Notice requirements.material Shop Drawings,Change Orders and changes 5.8, 1030 Payments 9.7-9.9 Option to Replace 5.14 Visits to Site 92 other special insurances 5 10 71 Unit Price Determinations 9.10 OWNER as fiduciary for insureds 5.12 5.13 ?",, Visits to Site 92 OWNER'S Liability 5.5 Written consent required 7 2 9.1 OWNER'S Responsibility 83 Equipment.Labor.Materials and 6.3-6.5 Partial Utilization.Property Insurance 5 15 Equipment rental.Cost of the Work 1 1.45.3 Property 5 6-5.10 7 Equivalent Materials and Equipment 6.7 Receipt and Application of Insurance Proceeds ..5.12-5.13 Errors or omissions 6.33 Special Insurance 5.10 Evidence of Financial Arrangements 8 11 Waiver of Rights 5.11 Explorations of physical conditions 4.2.1 Intent of Contract Documents 3.1-3.4 Fee.CONTRACTOR'S--Costs-Plus 11.6 Interpretations and Clarifications 3.6.3.9.4 Field Order- Investigations of physical conditions 4.2 definition of 1.19 Labor.Materials and Equipment 63-6.5 issued by ENGINEER 3.6.1.9.5 Lands- Final Application for Payment 14.12 and Easements 8.4 ' Finalinspection - 14.11 Availability of 4.1.8.4 Final Payment- Reports do Tests 8.4 and Acceptance 14.13-14.14 Laws and Regulations-Laws or Regulations- Ptior to.for cash allowances 11.8 Bonds 5.1-5.2 -.. General Provisions 17.3-17.4 Changes in the Work 10.4 General Requirements- Contract Documents 3 1 "'l deflation of 1.20 CONTRACTOR'S Responsibilities 6.14 l Period principal references to 2.6.6.4,6.6-6.7,6.24 Correction •defective Work 13.12 Giving Notice 17.1 Cost of the Work,taxes 11.4.5.4 Guarantee of Work-by definition of 1.227 CONTRACTOR 630, 14.12 general 6.14 Hazard Conununication Programs 6.22 Indemnification 6315 .3 Hazardous Waste- Insurance 53 1,,4 Precedence 3.1.33.3 definition of 121 Reference to 3.3.1 _. general 4.5 Safety and Protection 6.20.13.2 OWNER's responsibility for 8.10 Subcontractors.Suppliers and Others 6 8-6.11 Indemnification 6.12..6.16,6.31-6.33 Tests and Inspections 13-57 Initially Acceptable Schedules 2.9 Use of Premises 6 16 Inspection- Visits to Site 9.2 Certificates of 9 13.4, 13.5, 14.12 Liability Insurance- Final 14.11 CONTRACTOR's 5 4 7 Special.required by ENGINEER 9.6 OWNER's 5.5 Tests and Approval 8.7, 13.3-13.4 Licensed Sureties and Insurers 53 Insurance- Liens- Acceptance of,by OWNER ' 5.14 Application for Progress Payment 14.2 -71 Additional.required by changes Contractor's Warranty of Title 14.3 m the Work 11.4.5.9 Final Application for Payment 14.12 Before starting the Work 2.7 definition of 1.23 71 Bonds and-gin general S Waiver of Claims 14.15 Cancellation Provisions 5.8 Limitations on ENGINEER's authority and Certificates of ..2_7.5.5.3.5.4.1 I,5.4.13,5_6.5.5.8,5.14, responsibilities 9.I3 9.13.4, 14.12 Limited Reliance by CONTRACTOR Authorized 4.2.2 71 completed operations 5.4.13 Maint•:nance and Operating Manuals- CONTRACIOR's Liability 5.4 Fired Application for Payment 14.12 CONTRACTOR'S objection to coverage 5 14 Manuals(of others)-- Contractual Liability 5.4.10 Precedence 3.3.3.1 :1 8 71 r 7 . Article or Paraeraph Article or Paraeraph Number Number Reference to in Contract Documents 3 3.1 Inspections,tests and approvals 8.7, 13.4 7 Materials and equipment- Liability Insurance 5 5 furnished by CONTRACTOR 6.3 Notice of Defects ' 13.1 E not incorporated in Work 14.2 Representative-During Construction. Materials or equipment-equivalent 6.7 ENGINEER'S Status 9 1 Mediation(Optional) 16.7 Responsibilities- Mrlestones-definition of 1.24 Asbestos.PCB's.Petroleum.Hazardous 7 Miscellaneous- Waste on Radioactive Material 8 10 Computation of Times 17.2 Change Orders 8 6 Cuinttlative Remedies 17.4 Changes in the Work 10.1 Giving Notice 17.1 communications 8.1 Notice of Claim 17.3 CONTRACTOR'S responsibilities 8.9 7 Professional Fees and Court Costs Included 17.5 evidence of financial arrangements 8.11 Multi-prime contracts 7 inspections,tests and approvals 87 Not Shown or Indicated 43.2 Insurance 8.5 ___ Notice of- lands and easements ..:8."� Acceptability of Project 14.13 ' prompt payment by -,. 83 Award.definition of 1.25 replacement of ENGINEER-`'__ 8.2 Claim 17.3 tsports.and-test.` 8.4 7 Defects. 13.1 stop or suspend Work 8.8. 13.10. 15.1 Differing Subsurface or Physical Conditions 4.2.3 terminate CONTRACTOR'S services 8 8 15.2 Giving 17.1 separate representative at site 9.3 Tests and Inspections 13.3 independent testing 13.4 Variation.Shop Drawing and Sample 6.27 use or occupancy of the Notice to Proceed- Work5.15. 14.10 definition of 1.26 written consent or approval 7 �g of 2.3 required 9.1.6.3. 11.4 Notification to Surety 10.5 written notice Observations.by ENGINEER 6.30.9.2 required 7.1.9.4.9.11. 11.2. 11.9. 14.7. 15.4 Jccupancy of the Work 5.15.6.30.2.4. 14.10 PCBs- fil Omissions or acts by CONTRACTOR 6 9.9.13 definition of 1.29 "Open peril"policy form. Insurance. .5,6.2 general 4.5 Option to Replace .5.14 OWNER's responsibility for 8.10 "Or Equal" Items 6.7 Partial Utilization- 7 Other work 7 definition of 1.28 Overtime Work-prohibition of 6.3 general 6.30.2.4. 14.10 OWNER- Property Insurance 5.15 Acceptance of defective Work 13.13 Patent Fees and Royalties 6.12 7, appoint an ENGINEER 8.2 Payment Bonds 5.1-5.2 as fiduciary 5.12-5.13 Payment, Recommendation of 14.4-14.7. 14.13 Availability of Lands.responsibility • 4.1 Payments to CONTRACTOR and Completion- 7 definition of 1.27 Application for Progress Payments 14.2 L data,furnish 8.3 CONTRACIOR's Warranty of Title 14.3 May Correct Defective Work 13.14 Fatal Application for Payment 14.12 7 • May refuse to make payment 14.7 Final inspection 14.11 May Stop the Work 13.10 Final Payment and Acceptance 14.13-14.14 may suspend work, general 8.3. 14 terminate 8.8. 13.10. 15.1-15.4 Partial Utilization 14.10 Payment.make prompt 8.3. 14.4. 14.13 ,Retainage 14.2 7 performance of other Work 7.1 Review of Applications for Progress permits and licenses.requirements 6.13 Payments 14.4-14.7 purchased insurance requirements 5.6-5.10 prompt payment 8.3 l OWNER's- Schedule of Values 14.1 {_ Acceptance of the Work 6.30.2.5 Substantial Completion 14.8-14.9 Change Orders.obligation to Waiver of Claims 14.15 ton- execute 8.6. 10.4 when payments due 14.4. 14.13 Communications 8.1 withholding payment 14.7 Coordination of the Work 7.4 Performance Bonds 5 1-5.2 Disputes.request for decision 9.1 I Permits 6 13 7 9 1 Article or Paragraph Article or Paragraph Number Number 41 )etroieum- - - Regulations. Laws and(or) 6.14 definition of 1.30 Rejecting Defective Work 9.6 general 4 5 Related Work- OWNER's responsibility for 8 10 at Site 7.1-7.3 71 'hysical Conditions- Performed prior to Shop Drawings Drawings of,in or relating to 4 2 1.2 and Samples submittals review 6.28 ENGINEER'S review 4 2 4 Remedies.cumulative 17.4. 17.5 existing structures 4 2.2 Removal or Correction of " general 4.2.1.2 Defective Work 13.11 Subsurface and. 4 2 rental agreements.OWNER approval �} Underground Facilities 4.3 required 11.43.3 4I Possible Contract Documents Change 4.2.5 replacement of ENGINEER.by OWNER 8.2 Possible Price and Times Adjustments 4.2.6 Reporting and Resolving Discrepancies ....2.5.3.3.2.6.14.2 Reports and Drawings 4 2.1 Reports- Notice of Differing Subsurface or. 4 2.3 and Drawings 4.2.1 Subsurface and 4.2 and Tests.OWNER's responsibility 8.4 Subsurface Conditions 4.2.1.1 Resident Project Representative- Tahnial Data.Limited Reliance by definition of 1.337 CONTRACTOR Authorized 422 provision for 9.3 Underground Facilities- Resident Superintendent.CONTRACTOR'S 62 general 43 Responsibilities Not Shown or indicated 4.32 CONTRACTOR's-in general 6 Protection of 4.3.6.20 ENGINEER's-in general 9 Shown or Indicated 4.3.1, Limitations on 9.13 Technical Data 422 OWNER's-in general 8 Pi reconstruction Conference 2.8 Retainage 14.2 r1ry Matters 2 Reuse of Documents 3.7 Win' Binary Schedules 2.6 Review by CONTRACTOR:Shop Drawings r� 'causes.Use of 6.16-6.18 and Samples Prior to Submittal 6.25 rice.Change of Contract 1I Review of Applications for Progress rice.Contract--definition of 1:I 1 Payments 14.4-14.7 ;ogress Payment.Applications for 14.2 Right to an adjustment 102 egress payment--retainage 14.2 Rights of Way 4.1 'ogress schedule.CONTRACTOR's 2.6.2.8.2.9.6.6. Royalties.Patent Fees and 6.12 :"Fl 6.29. 10.4. 15.2.1 Safe Structural Loading 6.18 eject-definition of 131 Safety- ^'� eect Representative- and Protection 4.3.2.6.16.6.18.6.20-6.21.7.2. 13.2 11 ENGINEER's Status During Construction 9.3 general 6.20-6.23 eject Representative.Resident Representative.CONTRACTOR's 621 --definition of 1.33 Samples- amp(payment by OWNER 8.3 definition of 1 34 7 operty insurance gem 6.24-6.28 Additional 5.7 Review by CONTRACTOR 625 general 5.6-5.10 Review by ENGINEER 6.26.6.27 Partial Utilization 5 15. 14.10.2 related Work 6.28 _J receipt and application of submittal of 6.24.2 proceeds 5.12-5.13 submittal procedures 6.25 otecuion.Safety and 6.20- .21. 13.2 Schedule of progress 2.6.2.8-2.9.6.6.6.29. 10.4. 15.2.17 nth list 14.11 Schedule of Shop Drawing and Sample dioactive Material- Submittals 2.6.2.8-2.9.6.24-6.28 definition 1.32 Schedule of Values 2.6.2.8-2.9. 14.1 '''j general 4.5 • Schedules- lI OWNER's responsibility for 8.10 Adherence to 15.21 commendation of Payment 14.4. 14.5. 14.13 Adjusting 6 6 cord Docamhents 6.19. 14.12 Change of Contract Times 10.4 cords.procedures for maintaining 2.8 Initially Acceptable 2.8-2.9 7 ference Points 4.4 Preliminary 2.6 Terence to Standards and Specifications Scope of Changes 10.3-10.4 en )f Technic Societies 3 3 Subsurface Conditions 4.2.1.1 (0 71 i 7 Article or Paragraph Article or Paragraph. Number Number 7 . _ Shop Drawings- Substitute Items 6.7.1.2 and Samples.general 6.24-6.28 Subsurface and Physical Conditions- Change Orders&Applications for Drawings of.in or relating to 4.2.1.2 Payments,and 9.7-9.9 ENGINEER's Review 4 2.4 definition of 1.35 general 4 2 7 ENGINEER's approval of 3 6 2 Limited Reliance by CONTRACTOR ENGINEER's responsibility. Authorized 4 2.2 for review 9.7.6.24-6.28 Notice of Differing Subsurface or . 7 related Work 6.28 Physical Conditions 4.2.3 review procedu es 2.8.6.24 6.28 Physical Conditions _ .4.2.1.2 submittal required _ 6.24.1 Possible Contract Documents Change 4 2.5 Submittal Procedures Shown6.25 Possible Price and Times Adjustments 41.6 use to approve substitutions 6.7.3 Reports and Drawings 4.2.1 or Indicated 43.1 Subsurface and 4.2 Site Access 71. I3.2 Subsurface Conditions at the Site 41.1.1 r Site Cleanliness 6.17 Technical Data 4.2.2 ! Site,Visits to- Supervision- by ENGINEER 9.2, 13.2 CONTRACTOR's responsibility 6 1 by others 13.2 OWNER shall not supervise ,..8.9 71\ "Special causes of loss"policy form,insurance 5.6.2 ENGINEER shall not supervise 9.2.9.13.2 Specifications- Superintendence6.2 definition of 1.36 Superintendent.CONTRACTOR'S resident . 6.2 of Technical Societies,reference to 3.3.! -Supplemental costs 11.4.5 17 precedence 333 Supplementary Conditions- • 139 Standards and Specifications of Technical of Societies 3 3 principal reference to .... 1.10. 1.18.2.2.2.7.4.2,43 5.1. 7 Stetting Construction.Before Starting the Work 2.5-2.8 5.3,5.4.5.6-5.9.5.11,6.8.6.13.7_4,8.11.93.9.10 2.4 Supplementing Contract Documents 3 6 Stop or Suspend Work- Supplier- by CONTRACTOR 15.5 definition of 140 r4: by OWNER • 8 8 13.10, I5,1 . principal references to 3 7 6.5.6.8-6.11. Storage of materials and equipment 4.1,7.2 6.20.6.24.9.13. 14.12 Structural Loading.Safety 6.18 Waiver of Rights 6.11 Subcontractor- Suety- Concerning. 6.8.6.11 consent to final payment • 14.12, 14.14 1 .definition of 1.37 ENGINEER has no duty to 9 13 delays 12.3 Notification of 10.1. 10.5. 15.2 waiver of rights 6.11 . qualification of 5.1-53 Subcontractors in general 6.8-6.11 Survival of Obligations 6.34 7 Subcontracts-required provisions 5.11,6.11. 11.4.3 Suspend Work.OWNER May 13.10, 15.1 Submittals-- Suspension of Work and Termination- • 15 Applications for Payment - 14.2 CONTRACTOR May Stop Work or 7 Maintenance and Operation Manuals 14.12 .. Terminate 15.5 Procedures 6 25 OWNER May Suspend Work 15.1 Progress Schedules 2.6,2.9 OWNER May Terminate 15.2-15.4 7 Samples 6.24-6.28 Taxes-Payment by CONTRACTOR 6 15 Schedule of Values 2.6. 14.1 Technical Data- Schedule of Shop Drawings and Limited Reliance by CONTRACTOR 4.2.2 Samples Submissions 2 6 2 8-2.9 Possible Price and Times Adjustments 4.2.6 Shop Drawings 6.24-6.28 Reports of Differing Subsurface and ,' Substantial Completion- Physical Conditions 4.2.3 certification of 6.30.2.3. 14.8-14.9 Temporary construction facilities 4 I r definition of 1.38 Termination- Substitute Construction Methods or Procedures 6 7.2 by CONTRACTOR 15.5 Substitutes and"Or Equal"" Items 6 7 by OWNER 8.8. 15.1-15 4 CONTRACTOR's Expense ___ 6.7.1.3 of ENGINEER's employment 8"7 ENGINEER'S Evaluation 6 7.3 Suspension of Work-in general 15 'Or-Equal" 6.7.1 Terms and Adjectives 3.4 Substitute Construction Methods of Procedures 6.7_2 Tests and Inspections_ 7 II Article or Paragraph Article or Paragraph Number Number Access to the Work,by others 13.2 -Utilization.Partial 1.28.5.15.6.30.2.4. 14.10 CONTRACTOR's responsibilities 13.5 Value of the Work 11.3 - cost of 13.4 Values.Schedule of 2.6.2.8-29. 14.1 +'"� covering Work prior to 13.6-13.7 Variations in Work-Minor +1 Laws and Regulations(or) 13.5 Authorized 625,617.9.5 Notice of Defects 13.1 Visits of Site-by ENGINEER 9.2 OWNER May Stop Work 13.10 Waiver of Claims-on Final OWNER'S independent testing 13.4 Payment 14.15 :1 special.required by ENGINEER 9 6 Waiver of Rights by insured parties 5.11.6.11 timely notice required 13.4 Warranty and Guarantee.General-by Ti Uncovering the Work at ENGINEER'S CONTRACTOR 6.30 request 13.8-13.9 Warranty of Title.CONTRAC'TOR's 14.3 Timis-- Wak- Adjusting 6.6 - Access to 13.2 7 Change of Contract 12 by others. 7 _ Adjusting • 6 6 Changes in the 10 Computation of 17.2 Continuing the. 6.29 ._ Contract Ties--definition of 1 12 CONTRACTOR May Stop Work day 17.72 or Terminate 15.5 ri' Milestones 12 Coordination of 7 4 Cost of the - 11.4-113 • appeals 16 definition of 1.43 _. r."'t clarifications.claims and neglected by CONTRACTOR 13.14 , disputes 9 II. 11.2. 12 other Watt 7 times OWNER May Stop Work ' 13.10 conunencerrient of contract ereYnce 2.E OWNER May Suspend Work 13.17. 15.1 . Ftelated schedules 2.6.19.6.E •Worst at Site 173 Starting the 24 starting the Work 24 Tide.Warranty of 14.3 Stopping by CONTRACTOR. 15.5 Uncovering Work 13.E-13.9 11 Stopping by OWNER • 15.1-15.4 Variation and deviation authorized. Underground Facilities.Physical Conditions- minor 3 6 definition of 1.41 Work Chi Directive- Not Shown or Indicated 43.2 claims pursuant to 10.2 protection of 43.6.20 definition of 1.44 - Shown or Indicated 43.1 principal references to 3.53. 10.1-10.2 Unit Price Work- Written Amendment- claims 11.9.3 definition of 1.45 __i definition of 1 42 principal references to... 1.10.3.5.5.10,5.12.6.6,16.82. general 11.9. 14.1. 14.5 6.19, 10.1. 10.4, 11.2, 12.1. 13.12.2. 14.72 'in Unit Prices- Written Clarifications and general 11.3.1 Interpretations 3.63.9.4.9.11 1 Determination for 9 10 Written Notice Required- Use of Premises 6.16,6.18,6.30.2.4 by CONTRACTOR 7 1.9.10-9.11, 10.4. 11.2. 12.1 Utility owners 6.13.6.20.7.1-7.3. 13.2 by OWNER 9 10-9.11. 10.4. 112. 13.14 7 71 . . . .. • . . 12 7 7 • 7 GENERAL CONDITIONS ment.together with all Written Amendments.Change Orders. Work Change Directives. Field Orders and ENGINEER'S written interpretations and clarifications issued pursuant to ARTICLE I—DEFINITIONS paragraphs 3.5.3.6.1. and 3.6-3 on or after the Effective Datc of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs'6:26 and 6.27 and the reports and drawings Wherever used in these General Conditions or in the other referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Contract Documents the following terms have the meanings Documents. 7 indicated which are applicable,to both the singular and plural thereof: 1.11. Contract Price—The moneys payable by OWNER to CONTRACTOR for completion of the.Work in accordance 1.1. Addenda--Written or graphic instruments issued prior with the Contract Documents as stated in the Agreement 17 to the opening of Bids which clarify, correct or change the (subject to the provisions of paragraph 11.9.1 in the case of FBidding Requirements or the Contract Documents. Unit Price Work). 1-2. Agreement The written contract between OWNER 1.12. Contract Times—The numbers of days or the dates and CONTRACTOR covering the Work to be performed;other stated in the Agreement:(i)to achieve Substantial Completion. Contract Documents are attached to the Agreement and made and (ii) to complete the Work so that it is-ready for final 7 a part thereof as provided therein. - payment as evidenced by ENGINEER's written recommenda- tion of final payment in accordance with paragraph 14.13. 1.3. Application for Payment The form accepted by EN- GINEER which is to be used by CONTRACTOR in requesting 1.13. CONTRACTOR—The person••firm or corporation progress or final payments and which is to be accompanied by with whom OWNER has entered into the Agreement. `` such supporting documentation as is required by-the Contract Documents. 1.14. defective—An adjective which when modifying the P1.4. word Work refers to Work that is unsatisfactory. faulty or Asbestos-Any material that contains more than one deficient,in that it does not conform to the Contract Docu- percent asbestos and is friable or is releasing asbestos fibers meets,or does not meet the requirements of any inspection. into the air above_current action levels established by the reference standard, test or approval referred to in the United States Occupational Safety and Health Administration. Contract Documents.or has been damaged prior to ENGi- 7NEER's recommendation of final payment(unless responsi- I.S. Bid—The offer or proposal of the bidder submitted on bility for the protection thereof has been assumed by OWNER 7--, the prescribed form setting forth the prices for the Woricto be at Substantial Completion in accordance with paragraph 14.8 performed. or 14.10). • 1.6. Bidding Documents—The advertisement or invitation 1.15. Drawings—The drawings which show the scope. to Bid.instructions to bidders,the Bid form.and the proposed extent and character of the Work to be furnished and per- ; Contract Documents (including all Addenda issued prior to formed by CONTRACTOR and which have been prepared or receipt of Bids). approved by ENGINEER and are.,referred to in the Contract Documents.Shop drawings are not Drawings as so defined. Xisit 1.7_ Bidding Requirements—The advertisement or invita- 1 con to Bid, instructions to bidders- and the Bid form. 1.16. Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective,but if no such 1.8. .Bonds—Performance and Payment bonds and other date is indicated it means the date on which the Agreement is 7 instruments of security. signed and delivered by the last of the two parties to sign and deliver. 1.9. Change Order—A document recommended by ENGI- NEER.which is signed by CONTRACTOR and OWNER and 1.17. ENGINEER—The person.firm orcotporation named - authorizes71, as such in the Agreement.anaddition,deletion or revision in the Work,or an adjustment in the Contract Price or the Contract Times,issued on or after the Effective Date of the Agreement. 1.18. ENGINEER's Consultant—A person.firm or corpo- 7 ration having a contract with ENGINEER to furnish services LW. Contract Documents—The Agreement. Addenda as ENGINEER's independent professional associate or con- Iwhich pertain to the Contract Documentsl.:CONTRACTOR's_ sultant with respect to the Project and who is identified as such Bid (including documentation accompanying the Bid and any in the Supplementary Conditions. 7 post Bid documentation submitted onor to the Notice of. - Award) when attached as an exhibit to the Agreement. the 1.19. Field Order—A written order issued by ENGINEER Notice to Proceed. the Bonds, these General Conditions, the which orders minor changes in the Work in accordance with r Supplementary Conditions. the Specifications and the-Draw- utgs as the same are more svecrncally identified in the Agree- paragraph 9.5 but which does not involve a change in theContract Price or the Contract Timcs. 13 r 1.20. General Requirements Sections of Division I of the 1.33. Resident Project Representattve— The authonzed en Specifications. representative of ENGINEER who tray be assigned to the site or any part thereof. 1.21. Hazardous Waste The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste 1.34. Samples—Physical examples of materials.equipment, r- Disposal Act(42 USC Section 6903)as amended from time to or workmanship that arc representative of some portion of the time. Work and which establish the standards by which such portion of the Work will be judged. 1.22. Laws and Regulations:Laws or Regulations—Any 71 and all applicable laws, rules. regulations, ordinances. codes 1.35. Shop Drawings—All drawings. diagrams. illustra- and orders of any and all governmental bodies, agencies. Lions, schedules and other data or information which are authorities and courts having jurisdiction. specifically prepared or assembled by or for CONTRACTOR r•-• and submitted by CONTRAC.'TOR to illustrate some portion of 1.23. Liens—Liens.charges, security interests or encum- the Wes- brances upon real property or personal property. • 1.36. Specifications Those portions of the Contract Doc- '� 1.24. Milestone—A principal event specified in the Con- merits consisting of written technical desaipticros of mated- tract Documents relating to an intermediate Completion date or 1s.Wit-construction systems.standards and workman- time prior to Substantial Completion of all the Work. slap Ito the Work and certain administrative details e 1.25. Notice of Award—The written notice by OWNER to ` " the apparent successful bidder stating that upon compliance by 1.37. Subcontractor—An individual. firm or corporation the apparent successful bidder with the conditions precedent having a direct contract with CONTRACTOR or with any71 enumerated therein. within the time specified. OWNER will other Subcontractor for the performance of a part of the Work sign and deliver the Agreanent. at the site. 1.26. NoticeroProceed—AwriuennoticegivenbyOWNER 1.38. .Substantial Completion—The Work(or a specified 1 ;o CONTRACTOR(with a copy to ENGINEER) fixing the tart thereof)has progressed to the point where,in the opinion fate on which the Contract Tunes will oomureaeee to run and on of ENGINEER as evidenced by ENGINEER'S definitive which CONTRACTOR shall start to perform CONTRAC- c nificate of Substantial Completion, it is sufficiently eon- rnR's obligations under the Contract Documents. plete.in accordance with the Contract Documents.so that the Work(or specified part)can be utilized for the purposes for which it is intended:or if no such certificate is issued.when the 1.27. OWNER The public body or authority. corpora- Wont is complete and ready for final payment as evidenced by ion.association.firms or person with whom CONTRACTOR ENGINEER'S written recommendation of final payment in as entered into the Agreement and for whom the Work is to be e accordance with paragraph 14.13. The terms "substantially - • complete"and"substantially completed"as applied to all or 1.28. Partial Utilization--Use by OWNER of a substan- of the Work refer to Substantial Completion thereof. 31 • ally completed part of the Work for the purpose for which it is 139. Supplententary Conditions The part of the Contract weeded(or a related purpose)prior to Substantial Completion Documents which amends or supplements these General Con- fail the Work. ditions. 1 1.29. PCBs-Polychlorinated biphenyls. 1:40. Supplier—A manufacturer. fabricator. supplier. dis- tributor. materialman or vendor having a direct contract with 1.30. Petroleum—Petroleum, including crude oil or any CONTRACTOR or with any Subcontractor to furnish materi- action thereof which is liquid at standard conditions of als or equipment to be incorporated in the Work by CON- mperature and pressure (60 degrees Fahrenheit and 14.7 TRACTOR or any Subcontractor. Kurds per square inch absolute).such as oil.petroleum.fuel rn I.oil sludge.oil refuse,gasoline,kerosene.and oil mixed with 1.41. Underground Facilities—All pipelines.conduits.ducts. her non-Hazardous Wastes and crude oils. cables, wires. manholes, vaults, tanks, tunnels or other such facilities or attachments.and any encasements containing such 1.31. Project The total construction of which the Work to facilities which have been installed underground to furnish any provided under the Contract Documents may be the whole, of the following services or materials:electricity,gases.steam. _ _ a part as indicated elsewhere in the Contract Documents. liquid petroleum products, telephone or other communica- tions.cable television.sewage and drainage removal.traffic or t..- 1.32. Radioactive Material—Source. special nuclear, or other control systems or water. product material as defined by the Atomic Energy Act of • • - -- 54(42 USC Section 2011 et seq.)as amended from time to 1.42. Unit Price.Work—Work to be paid for on the basis of te_ unit prices. 14 7 r1.43. Work—The entire completed construcuon or the var- Contract Times commence to run later than the sixtieth day after L ious separately identifiable parts thereof required to be fur- the day of Bid opening or the thirtieth day after the Effective Date rushed under the Contract Documents. Work includes and is of the Agreement.whichever dale is earlier. E the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction. Sng the Work: and performing or furnishing services and furnishing docu- merits,all as required by the Contract Documents. 2.4. CONTRACTOR shall start to perform the Work on the t date when the Contract Times commence to run-but no Work (.. 1.44. • Work Change Directive—A written directive to CON- shall be done at the site prior to the date on which the Contract TRACTOR. issued on or after the •Effective Date of the Times commence to run. Agreement and signed by OWNER and recommended by . 7 ENGINEER.ordering an addition,deletion or revision in the Before Starting Consa�rmon: L Work,or responding to differing or unforeseen physical condi- tions under which the Work is to be performed as.provided in 2 5. Before undertaking each part of the Work. CON- E paragraph 4.2 or 4.3'or to emergencies under paragraph 6.23.A TRACTOR shall carefully study and compare the Contract Work Change Directive will not change the Contract Price or Documents and check and verify pertinent figures shown the Contract Times.but is evidence that the parties expect that thereon and all applicable field measurements. CONTRAC- the change directed or documented by a Work Change Direc- TOR shall promptly report in writing.to.ENGINEER any five will be incorporated in a subsequently issued Change conflict, error, ambiguity or discrepancy which CON RAC- 7 Order following negotiations by the parties as to its effect, if TOR may discover and shall obtain a written interpretation or any,on the Contract Price or Contract Times as provided in clarification from ENGINEER before proceeding with any paragraph 10.2. ,- Work affected thereby;however.CONTRACTOR shall not be r liable to OWNER or ENGINEER for failure to report any 1.45. Written Amendment—A written amendment of the conflict.error.ambiguity or discrepancy in the Contract Doc- Contract Documents.signed by OWNER and CONTRACTOR uments- unless CONTRACTOR knew or reasonably should on or after the Effective Date of the Agreement and normally have known thereof. dealing with the nonengineering or nontechnical rather than strictly construction-related aspects of the Contract Docu- 2.6. Within ten days after the Effective Date of the Agtee- maus, meat(unless otherwise specified in the General Requirements). CONTRACTOR shall submit to ENGINEER for review: .. 2.6.1. a preliminary progress schedule indicating the times(numbers of days or dates)for starting and completing ARTICLE 2—PRELIMINARY MATTERS the various stages of the Work- including any Milestones 7 specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sam- Dekray of Boadr: pie submittals which will list each required submittal and the times for submitting,reviewing and processing such submit- .f� 2.1. When CONTRACTOR delivers the executed Agree- tal' E menu to OWNER. CONTRACTOR shall also deliver to 2.6.3. a preliminary schedule of values for all of the OWNER such Bonds as CONTRACTOR may be required to Work which will include quantities and prices of items furnish in accordance with paragraph,5.1. aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis 7 for progress payments during construction.Such prices will Copies ojDocroimermtr: include an appropriate amount of overhead and profit appli- cable to each item of Work. 2.2. OWNER shall furnish to CONTRACTOR up to ten 7 copies(unless otherwise specified in the Supplementary Con- 2.7. Before any Work at the site is started.CONTRACTOR ditions) of the Contract Documents as are reasonably neces- ,and OWNER shall each deliver to the other, with copies to sary for the execution of the Work. Additional copies will be each additional insured identified in the Supplementary Condi- 7 furnished.upon request.at the cost of reproduction. tions.certificates of insurance(and other evidence of insurance which either of them or any additional insured may reasonably request)which CONTRACTOR and OWNER respectively are Commencement of Contract Times:!bocce to Proceed: required to purchase and maintain in accordance with para- 7 graphs 5.4. 5.6 and 5.7. ,. The Contract Times will commence to ion on the thirti- • an day alter the Effective Date of the Agreement.or.if a Notice Preconstrucuon Conference: l Proceed is given,on the day indicated in the Notice to Proceed. Notice to Proceed may be given at any time within thirty days '_.8: Within twenty days after the Contract Times start to after the Effective Date of the Agreement. In no event will the run. but before any Work at the site is started. a conference I" JS I attended by CONTRAL IUR. ENGINEER and others as an- cations and interpretations of the Contract Documents shall be propriate will be held to establish a working understanding issued by ENGINEER as provided in paragraph 9.4. among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6. procedures for handling Shop Drawings and other submittals. processing Applications for 3 3-Referencem Standards and Spcetfraatroras of Technical +� Payment and maintaining required records. Societies:Reporting and Resolving Discrepancies: 1 3.3.1. Reference to standards.specifications.manuals or Initially Acceptable Scfs codes of any technical society.organization or association. edul or to the Laws or Regulations of any governmental authority, 2.9.' Unless otherwise provided in the Contract Docu- whether such reference be specific or by implication,shall -7,1 men .at least ten days before submission of the first Applica- mean the latest standard, specification. manual, code or u lion for Payment a conference,attended by CONTRACTOR. Laws or Regulations in effect at the time of opening of Bids — (or.on the Effective Date of the Agreement if there were no ENGINEER and others as appropriate will be held to review Bids),except as may be otherwise specifically stated in the -- for acceptability to ENGINEER as provided below the sched- Contract Docvmarts. ides submitted in accordance with paragraph 2.6.CONTRAC- TOR shall have an additional ten days to make corrections and 33.2. If, during the performance of the Work. CON- adjustmenu and to complete and resubmit the schedules. No 'TRACTOR discovers any conflict. error,ambiguity or dis- progress payment shall be made to CONTRACTOR until the y within the Contract Documents or between the :dm:lula are submitted to and acceptable to ENGINEER as Contract Documents and any provision of any'such Law or provided below. The progress schedule will be acceptable to Regulation applicable to the performance of the Work or of el ENGINEER as providing an orderly progression of the Work any such standard.specification.manual or code or of any to completion within any specified Milestones and the Contract instruction of any Supplier referred to in paragraph 6.5. Trines, but such acceptance will neither impose on ENGI- CONTRACTOR shall report it to ENGINEER in writing at rl NEERresponsbilityforthe sequencing.scheduling or progress . once,and.CONTRACTOR shall not proceed with the Work of the Work nor interfere with or relieve CONTRACTOR from affected thereby(except in an emergency as authorized by CONTRACTOR's full responsibility therefor.CONTRACTOR's paragraph 6.23) until an amendment or supplement to the11 schedule of Shop Drawing and Sample submissions will be Contract DocWnents has been issued by one of the methods acceptable to ENGINEER as providing a workable arrange- indicated in paragraph 3.5 or 3.6; provided. however, that matt for reviewing and processing the required submittals. CONTRACTOR shall not be liable to OWNER or ENGI- CONTRACTOR's schedule of values will be acceptable to NEER for failure to report any such conflict.error ambigu- ENGINEER as to form and substance. , . ity or discrepancy unless CONTRACTOR knew or reason- ably should have known thereof. 333. Except as otherwise specifically stated in the ARTICLE 3—CONTRACT DOCUMENTS: INTENT. Contract Documents or as may be provided by amendment AMENDING. REUSE or supplement thereto issued by one of the methods indi- - cated in paragraph 3.5 or 3.6.the provisions of the Contract Documents shall take precedence in resolving'.ray conflict. error. ambiguity or discrepancy between the provisions of the Contract Documents and: inrent 3.3.3.1. the provisions of any such standard,sped- fl 3.1. The Contract Documents comprise the entire ag ree- fication. manual, code or instruction (whether or not meet between OWNER and CONTRACTOR concerning the specifically incorporated by reference in the Contract Work.The Contract Documents are complementary: what is Documents);or called for by one is as binding as if called for by all. The71 Contract Documents will be construed in accordance with the 3.3.3.2. the provisions of any such Laws or Regu- taw of the place of the Project. lations applicable to the performance of the Work • (unless such an interpretation of the provisions of the 1 3.2. It is the intent of the Contract Documents to describe Contract Documents would'result in violation of such a functionally complete Project for part thereof) to be con- Law or Regulation). structed in accordance with the Contract Documents- Any Work.materials or equipment that may reasonably be inferred No provision of any such standard,specification.manual. 1 rum the Contract Documents or from prevailing custom or code or instruction shall be effective to change the duties and _ ._ rade usage as being required to produce the intended result responsibilities of OWNER.CONTRACTOR orENGINEER. will be furnished and performed whether or not specifically or any of their subcontractors. consultants. agents. or cm- 7 :ailed for. When words or phrases which have a well- known . ployees from those set forth in the Contract Documents.nor cchnical or construction industry or trade meaning are used to shall it be effective to assign to OWNER. ENGINEER or '-- lescaibe Work,materials or equipment.such words or phrases any of ENGI N EER's Consultants,agents or employees any .hall be interpreted in accordance with that meaning. Clarifi- duty or authonty to supervise or direct the furnishing oril 16 7 r performance of the Work or any duty or authority to under- of the Drawings.Specifications or other documents for copies take responsibility inconsistent with the provisions of para- of any thereotl prepared by or bearing the seal of ENGINEER graph-9.13 or any other provision of the Contract Docu- or ENGINEER's Consultant_ and (ii) shall not reuse any of menu. such Drawings.Specifications.other documents or copies on extensions of the Project or any other project without written 3.4. Whenever in the Contract Documents the terms"as consent of OWNER and ENGINEER and specific written ordered." "as directed." "as required." "as allowed." "as verification or adoption by ENGINEER. 7 approved"or terms of like effect or import are used.or the . adjectives"reasonable, 'suitable.""acceptable.""proper" or"satisfactory" or adjectives of like effect or import are {� used to.describe a requirement; direction. review or judg- ARTICLE 4—AVAILABILITY OF LANDS: 4 meat of ENGINEER as to the Work,it is intended that such SUBSURFACE AND PHYSICAL L requirement,direction,review or judgment will be solely to CONDITIONS:REFERENCE POINTS evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract F. Documents and conformance with the design concept of the . completed Project as a functioning whole as shown or Availability of lands: indicated in the Contract Documents (unless there is a �"�" specific statement indicating otherwise).The use of any such 7 term or adjective shall not be effective to assign to ENGI- 4.1. OWNER shall furnish, as indicated in the Contract NEER any duty or authority to supervise or direct the Documents.the lands upon which the Work is to be performed. 7 furnishing or performance of the Work or any duty or rights way and easements for access thereto,and such other authority to undertake responsibility contrary to the provi- lands which are designated for the use of CONTRACTOR. - sions of paragraph 9.13 or any other provision of the Upon reasonable written request.OWNER shall furnish CON- Contract Documents. TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's'interest therein as necessary for E Amending and Supplementing Contract Documents: giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER 7 3.5. The Contract Documents may be amended to provide shall identify any encumbrances or restrictions not of general for additions.deletions and revisions in the Work or to modify application but specifically related to use of lands so furnished the terms and conditions thereof in one or more of the following with which CONTRACTOR will have to comply in performing ways: the Work. Easements for permanent structures or permanent 7 changes in existing facilities will be obtained and paid for by 3.5.1. a formal Written Amendment. • OWNER. unless otherwise provided in the Contract Docu- ments.If CONTRACTOR and OWNER are unable to agree on 3.5.2. a Change Order(pursuant to paragraph 10.4),or entitlement to or the amount or extent of any adjustments in the 7 Contract Price or the Contract Times as a result of any delay in 3.5.3. a Work Change Directive(pursuant to OWNER's furnishing these lands.rights-of-way or easements. paragraph 10.1). CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all 3.6. In addition. the requirements of the Contract Docu- additional lands and access thereto that may be required for ments may be supplemented.and minor variations and devia- temporary construction facilities or storage of materials and bons in the Work may be authorized, in one or more of the equipment. following ways: 7, 3.6.1. a Field Order(pursuant to paragraph 9.5), 4.2.Subsurface and Physical Conditions: • 3.6.2. ENGINEER's approval of a Shop Drawing or 4.2.1. Reports and Drawings: Reference is made to the Sample(pursuant to paragraphs 6.26 and 6.27).or Supplementary Conditions for identification of: 7 3.6.3. ENGINEER's written interpretation or clarifica- tion 4.2.1.1. Subsurface Conditions:Those reports of explo- rations(pursuant to paragraph 9.4). rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in prcpanng ppp��� the Contract Documents:and Reuse of Documents: - 1.2.1.2. Physical Conditions:Those drawings of physical 3.7. CONTRACTOR, and any Subcontractor or Supplier conditions in or relating to existing surtace or subsurface or other person or organization performing or furnishing any of structures at or contiguous to the site(except Underground :he Work under a direct or indirect contract with OWNER(i) Facilities)that have been utilized by ENGINEER in prepar- shall not have or acquire any title to or ownership rights in any ing the Contract Documents. E 17 r1 _ a 4.2_2_ Limited Reliance by CONTRAC_JOR Authorized: 4_2_S_ Possible Contract Documents Change: If ENG1- Technical Dare:.CONTRACIOR may rely upon,the general NEER concludes that a change in the Contract Documents is l"' accuracy of the"technical data"contained in such reports and required as a result of a condition that meets one or more of the drawings, but such reports and drawings are not Contract categories in paragraph 4.2.3_- a Work Change Directive or a Documents.Such"technical data"is identified in the Supple- Change Order will be issued as provided in Article 10 to reflect f menrary Conditions. Except for such reliance on such "tech- and document the consequences of such change. nical data."CONTRACTOR may not rely upon or make any --, claim against OWNER.ENGINEER or and of ENGINEER's 4.2.6. Possible Price and Times Adjustments:An equitable Consultants with respect to: adjustment in the Contract Price or in the Contract Times,or both. will be allowed to the extent that the existence of such 4.22.1. the completeness of such reports and drawings uncovered or revealed condition causes an increase or de- -- for CONTRAC IOR's purposes. including, but not limited crease in CONTRACTOR's cost of, or time required for to, any.aspects of the means, methods, techniques, se- performance of.the Work;subject.'however,to the following: '"' quences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs inci- 4,2,6.1. such condition must meet any one or more of the dent thereto,or categories described in paragraphs 4.2.3.1 through 4.23.4, inclusive: 4.2.2.2_ other data. interpretations, opinions and infor- mation contained in such reports or shown or indicated in 4.2-6.2. a change in the Contract Documents pursuant to such drawings,or paragraph 4.2.5 will not be an automatic authorization of nor rail a condition precedent to entitlement to any such adjustment; 4.2.2-3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or any such data. 4-2 63. with respect to'Work that is paid for on a Unit - interpretations.opinions or information. Price Basis.any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9;and 4.2,3: Notice of Diffeting Subsurface or Physical Condi- 4.2,6A. CONTRACTOR shall not be entitled to any dons: if CONTRACTOR believes that any subsurface or adjustment in the Contract Price or Times if; physical condition at or contiguous to the site that is uncovered -P:7 or revealed either: 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final 4.23.1. is of such a nature as to establish that any comnatrnent to OWNER in respect of Contract Price and "technical data" on which CONTRACTOR is entitled to Contract Times by the submission of a bid or becoming 71 rely as provided in paragraphs 4.2.1 and 4.2.2 is materially bound under a negotiated contract:or inaccurate,or • r. 4.2.6.4.2. the existence of such condition could rea- , 4.2.3.2. is of such a nature as to require a change in the sonably have been discovered or revealed as a result of --- Contract Documents.or any examination,investigation,exploration.test or study of the site and contiguous areas required by the Bidding 4.2.3.3. differs materially from that shown or indicated in Requirements or Contract Documents to be conducted by the Contract Documents,or - or for CONTRACTOR prior to CONTRACTOR's making such final commitment:or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- 4.2.6.4.3. CONTRACTOR failed to give the written nized as inherent in work of the character provided for in the notice within the time and as required by paragraph 4.2.3. Contract Documents:then If OWNER and CONTRACTOR are unable to agree on 71 CONTRACTOR shall.promptly after becoming aware thereof entitlement to or as to the amount or length of any such and before further disturbing conditions affected thereby or equitable adjustment in the Contract Price or Contract Times, performing any Work in connection therewith (except in an a claim may be made therefor as provided in Articles 11 and 12. emergency as permitted by paragraph 6.23), notify OWNER However,OWNER.ENGINEER and ENGINEER's Consult- ed ENGINEER in writing about such condition.CONTRAC- ants shall not be liable to'CONTRACTOR for any claims. TOR shall not further disturb such conditions or perform any costs-losses or damages sustained by CONTRACTOR on or in Work in connection therewith (except as aforesaid) until re- connection with any other project or anticipated project_ 1 ceipt of written order to do so. 4.2.4. ENGINEER's Review- ENGINEER will promptly 4.3.Physical Conditions—Undergrwtnd Facilities: review the pertinent conditions- determine the necessity of OWNER's obtaining additional exploration or tests with re- 4.3.1. Shown or indicated:The rnformauon and data shown sped thereto and advise OWNER in writing(with a copy to or indicated in the Contract Documents with respect to existing CONTRACTOR) of ENGINEER's findings and conclusions. -Underground Facilities at or contiguous to the site is based on a IS 7 7 7 . information and data furnished to OWNER or ENGINEER by without the pnor wntten approval of OWNER. CONTRAC- the owners of such Underground Facilities or by others.Unless it TOR shall report to ENGINEER whenever any reference is otherwise expressly provided in the Supplementary Conditions: point is lost or destroyed or requires relocation because of necessary changes in grades or locations,and shall be tespon- 4.3.1.1. OWNER and ENGINEER shall not be respon- sible for the accurate replacement or relocation of such refer- sible for the accuracy or completeness of any such informa- once points by professionally qualified personnel. lion or data:and [17 4.5. Ashcans.PCBs.Petroleum.Hazardous Waste or Radio- -43.1.2. The cost of all of the following will be included in active Material: the Contract Price and CONTRACTOR shall have full respoo- r. sibibty for.(i)reviewing and checking all such information and 4.5.1. OWNER shall be responsible for any Asbestos. data,(u)locoing all Underground Facilities shown or indicated PCBs. Petroleum. Hazardous Waste or Radioactive Material in the Contract Documents.(iii)coordination of the Work with ' uncovered or revealed at the site which was not shown or the owners of such Underground Facilities during construction. indicated in Drawings or Specifications or identified in the and (iv) the safety and protection of all such Underground Contract Documents to be within the scope of the Work and L Pa ai ies as provided in paragraph 6.20 and repairing any which may presatt a substantial danger to persons or property damage thereto resulting from the Work. ' exposed thereto in connection with the Work at the site. 7 OWNER shall not be responsible for any such materials 43.2. Not Shown or Indicated:If an Underground Facility OWNER to the site by CONTRACTOR.Subcontractor.Supple- anyoneis uncovered or revealed at or contiguous to the site which was ens orelse for whom CONTRACTOR is responsible. not shown or indicated in the Contract Documents. CON- 45.2. CONTRACTOR shall immediately: (i) stop all TRACTOR shall,promptly afterbecoming 7 bing aware thereof and Work in connection with such hazardous condition and in before further disturbing conditions affected thereby or per- anyre- forming any Work in connection therewith (except in anqu area affected thereby (except in an emergency as g�y as required by paragraph 6.23).identify the owner ENGINEER by (andparagraph 6.fter23). and (ii) notify OWNER and of such Underground Facility and give written notice CO that (and thereafter confirm such notice in writing). and to OWNER and ENGINEER. ENGINEER will OWNER shall promptly consult with ENGINEER concern- owner promptly review the Underground Facility and determine the ing the necessity for OWNER to retain a qualified expert to extent,if any. to which a change is required in the Contract evaluate such hzanious condition or take corrective action. 7, Documents to reflect and document the consequences of the deny.CONTRACTOR shall not be required to resume Work existence of the Underground Facility. If ENGINEER con- in connection with such hazardous condition or in any such dudes that a change in the Contract Documents is required,a affected area until after OWNER has obtained any required 7 a permits related thereto and delivered to CONTRACTOR ChangeDirective or reflect and document such copse-Change Order will be issued as special written notice:(i)specifying that such condition and provided in Article 10 to any affected area is or has been rendered safe for the queraces. During such time.CONTRACTOR shall be respon- resumptionsble for the safety and protection of such Underground Facility of Work,or(ii)specifying any special conditions 7 as provided in paragraph 6 20. CONTRACTOR shall be al- b under which such Work may be resumed safely.If OWNERwed an increase in the Contract Price or an extension of the and CONTRACTOR cannot agree as...entitlement to or the amount or extent of an adjustment.if any.in Contract Price Contract Times.or both.to the extent that they are attributable or Contract Times as a result of such Work stoppage or such 7 to the existence of any Underground Facility that was not special conditions under which Work is agreed by CON- shown or indicated in the Contract and that CON- TRACTOR to be resumed, either party may make a claim TRACTOR did not know of and couldould not not reasonably easonably have therefor as provided in Articles I I and 12. been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitle- 4.5.3. If after receipt of such special written notice ti.., meat to or the amount or length of any such adjustment in CONTRACTOR does not agree to resume such Work based Contract Price or Contract Times.CONTRACTOR may make on a reasonable belief it is unsafe. or does not agree to a claim therefor as provided in Articles 1 I and 12. However, resume such Work under such special conditions. then OWNER. ENGINEER and ENGINEER'S Consultants shall7 OWNER may order such portion of the Work that is in not be liable to CONTRACTOR for any claims.costs,losses or connection with such hazardous condition or in such af- damages.incurred or sustained by CONTRACTOR on or in fected area to be deleted from the Work. If OWNER and �`'� connection with any other project or anticipated project. CONTRACTOR cannot agree as to entitlement to or the y amount or extent of an adjustment,if any.In Contract Price (4 or Contract Times as a result of deleting such portion of the Reference Points: Work. then either party may make a claim therefor as r provided in Articles I I and 12. OWNER may.have such 4.4. OWNER shall provide enttineenne•surveys to catch- deleted portion of the Work performed by OWNER's own fish reference points for construction µ'huh in ENGINEER's forces or otners in accordance with Article 7. judgment arc necessary to enable CONTRACTOR to proceed - . 7 with the Work.CONTRACTOR shall be responsible for laying 4.5.4. To the fullest extent permitted by Laws and Reg- out the Work. shall protect and preserve the established ulations.OWNER shall indemnify and hold harmless CON- reference points and shall make no cnanges or relocations • TRACTOR. Subcontractors. ENGINEER. ENGiNEER•s E l9 1 Consultants and the officers. directors. employees. agents. companies that are duly licensed or autnonzed in the funs- other consultants and subcontractors of each and any of diction inn which the Project is located to issue Bonds or them from and against all claims,costs.losses and damages insurance policies for the limits and coverages so required. _arising out of or resulting from such hazardous condition. Such surety and insurance companies shall also meet such provided that: (i) any such claim. cost. loss or damage is additional requirements and qualifications as may be pro- attributable to bodily injury.sickness.disease or death,or to vided in the Supplementary Conditions. injury to or destruction of tangible property(other than the Work itself). including the loss of use resulting therefrom. 53.2. CONTRACTOR shall deliver to OWNER. with and (ii) nothing in this subparagraph 4.5.4 shall obligate copies to each additional insured identified in the Supple- OWNER to indemnify any person or entity from and against mcntary Conditions, certificates of insurance (and other the consequences of that person's or entity's own negli- evidence of insurance requested by OWNER or any other gam, additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. 45.5. The provisions of paragraphs 4.2 and 4.3 are not OWNER shall deliver to CONTRACTOR. with copies to intended to apply to Asbestos.PCBs.Petroleum.Hazardous each additional insured identified in the Supplementary Waste or Radioactive Material uncovered or revealed at the Conditions,certificates of insurance(and other evidence of r"{ site. insurance requested by CONTRACTOR or any other addi- I) tiona!insured)which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7 hereof. ARTICLE 5—BONDS AND INSURANCE 1 S--BO COtiiTRAL7OR's Liability I nsarance: 5.4. CONTRACTOR shall purchase and maintain such Mom,Porewn and Other Bonds: liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection 5.1. CONTRACTOR shall furnish Performance and Pay- from claims set forth below which may arise out of or result 7 ment Bonds.each in an amount at least equal to the Contract from CONTRACIOR's performance and-furnishing of the _ Price as security for the faithful performance and payment of Work and CONTRACTOR'S other obligations under the Con- all CONTRACTOR'a obligations under the Contract Doan- tract Documents.whether it is to be performed or furnished by meats. These Bonds shall remain in effect at least until one CONTRACTOR.any Subcontractor or Supplier.or by anyone1 year after the dare when final payment becomes due.except as directly or indirectly employed by any of them to perform or provided otherwise by Laws or Regulations or by the Contract furnish any of the Work.or by anyone for whose acts any of Documents. CONTRACTOR shall also furnish such other them maybeliable: Bonds as are required by the Supplementary Conditions. All 71 Bonds shall be in the form prescribed by the Contract Door- 5.4.1. claims under workers' compensation. disability ments except as provided otherwise by Laws or Regulations, benefits and other similar employee benefit acts; and shall be executed by such sureties as are named in the7 current list of"Companies Holding Certificates of Authority as 5.4.2. claims for damages because of bodily injury. oc- Acceptable Sureties on Federal Bonds and as Acceptable cupational sickness or disease. or death of CONTRAC- Reinsuring Companies"as published in Circular 570(amended) TOR's employees; by the Audit Staff. Bureau of Government Financial Opera- tions. US. Treasury Department. All Bonds signed by an 5.4.3. claims for damages because of bodily injury.sick- agent must be accompanied by a certified copy of such agent's tress or disease, or death of any person other than CON- authority to act. TRACTOR's employees; 1 5.2. If the surety on any Bond furnished by CONTRAC- 5.4.4. claims for damages insured by customary personal TOR is declared a bankrupt or becomes insolvent or its right to injury liability coverage which are sustained: (i) by any do business is terminated in any state where any part of the person as a result of an offense directly or indirectly related71 Project is located or it ceases to meet the requirements of to the employment of such person by CONTRACTOR.or(ii) paragraph 5.1.CONTRACTOR shall within ten days thereafter by any other person for any other reason: substitute another Bond and surety. both of which must be acceptable to OWNER. 5.4.5. claims for damages,other than to the Work itself. ./ because of injury to or destruction of tangible property wherever located.including loss of use resulting therefrom: 53.Licensed Sureties and Insurers:Certificates of Insurance: and 5.3.1. All Bonds and insurance required by the Contract 5.4.6. claims for damages because of bodily injury cr Documents to be purchased and maintained by OWNER or death of any person or property damage arising out of the CONTRACTOR shall be obtained from surety or insurance ownership.maintenance or use of any motor vehicle. ,1 20 7 7 7 . . • The policies of insurance so required by this paragraph 5.4 to oncc upon the Work at the site in the amount of the full be purchased and maintained shall: replacement cost thereof(subject to such deductible amounts as•may be provided in the Supplementary Conditions or 5.4.7. with respect to insurance required by paragraphs required by Laws and Regulations).This insurance shall: 5.4.3 through 5.4.6 inclusive.include as additional insureds (subject to any customary exclusion in respect of profes- 5.6.1. include the interests of OWNER. CONIRAC- sional liability)OWNER.ENGINEER.ENGINEER'S Con- TOR. Subcontractors. ENGINEER. ENGINEER'S Con- 7 sultana and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as sultants and any other persons or entities identified in the additional insureds,and include coverage for the respective Supplementary Conditions,each of whom is deemed to have r 7 officers and employees of all such additional insureds; • an insurable interest and shall be listed as an insured or additional insured: 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple- 5.6.2. be written on a Builder's Risk"all-risk"or open 7 mentary Conditions or required by Laws or Regulations, peril or special causes of loss policy form that shall at least L whichever is greater. include insurance for physical loss or damage to the Work. temporary buildings.falsework and Work in transit and shall 7 5.4.9. include completed operations insurance; insure against at least the following perils fire, lightning, extended coverage.theft.vandalism and malicious mischief. 5.4.10. include contractual liability insurance covernrg earthquake.elapse,debris removal,demolition occasioned CONTRACIOR's indemnity obligations under paragraphs by enforcement of Laws and Regulations, weer damage. 6.12,6.16 and 6.31 through 633; and such other perils as may be specifically required by the 5.4.11. contain a Supplementary Conditions: provision or endorsement that the coverage afforded will not be cancelled,materially changed 5.6.3. include expenses incurred in the repair or replace- r' or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and meat of any insured property(including but not limited to to each other additional insured identified in the Supplemen- fees and charges of engineers and architects); tary Conditions to whom a certificate of insurance has been E issued (and the certificates of insurance furnished by the 5.6.4. cover materials and equipment stored at the site or CONTRACTOR pursuant to paragraph 5.3.2 wall so pro- at another location that was agreed to in writing by OWNER vim); prior to being incorporated in the Work,provided that such materials and equipment have been included in an ApplicaE- 7 5.4.12. remain in effect at least until final payment and at tion for Payment recommended by ENGINEER;and all times thereafter when CONTRACTOR may be correct- ing. removing or replacing defective Work in accordance 5.6.5. be maintained in effect until final payment is made with paragraph 13.12;and unless otherwise agreed to in writing by OWNER. CON- 5.4.13. with TRACTOR and ENGINEER with thirty days written notice respect to completed operations insurance, to each other additional insured to whom a certificate of and any insurance coverage written on a claims-made basis. remain in effect for at least two years after final payment insurance has been issued. 7 (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- 5.7. OWNER shall purchase and maintain such boiler and tions to whom a certificate of insurance has been issued machinery insurance or additional property insurance as may 7 evidence satisfactory to OWNER and any such additional be required by the Supplementary Conditions or Laws and insured of continuation of such insurance at final payment Regulations which will include the interests of OWNER. and one year thereafter). CONTRACTOR.Subcontractors.ENGINEER.ENGINEER'S Consultants and any other persons or entities identified in the ' Supplementary Conditions, each of whom is deemed to have 7 OWNER's liability lnruiarrce: an insurable interest and shall be listed as an insured or additional insured. 5.5. In addition to the insurance required to be provided by r CONTRACTOR under paragraph 5.4.OWNER,at OWNER's 5.8. All the policies of insurance (and the certificates or L. option. may purchase and maintain at OWNER's expense other evidence thereof) required to be purchased and main- OWNER's own liability insurance as will protect OWNER tamed by OWNER in accordance with paragraphs 5.6 and 5.7 against claims which may arise from operations under the will contain a provision or endorsement that the coverage 7 Contract Documents. r afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been Prof.er y irus<rance: given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been 5.6. Unless otherwise provided in the Supplementary Con- issued and will contain waiver provisions in accordance with diuons. OWNER shall purchase and maintain property insur- paragraph 5.11. r 2I 1 5.9. OWNER shall not be responsible for purchasing and 5.11.2.2. loss or aamage to the completed Protect orr'l namtaining any property insurance to protect the interests of part thereof caused by.ansing out of or resulting from me 2ONTRACIOR.Subcontractors or others in the Work to-the or other insured peril covered by any property insurance _xtent of any deductible amounts that are identified in the maintained on the completed Project or part Thereof by iupplementary Conditions.The risk of loss within such ides OWNER during partial utilization pursuant to paragraph ified aeduetible-amount. will be borne'by CONTRACTOR. 14.10.after substantial completion pursuant to paragraph iubcontractor or others suffering any such loss and if any of 14.8 or after final payment pursuant to paragraph 14.13. hem wishes property insurance coverage within the limits of Any insurance policy maintained by OWNER covering any :uch amounts, each may purchase and maintain it at the loss,damage or consequential loss referred to in this paragraph rI wrtdraser's own expense. 5.11.2 shall contain provisions to the effect that in the event of !I payment of any such loss, damage or consequential loss the 110. (If CONTRACTOR requests in writing that other insurers will have no rights of recovery against any of CON- pecal insurance be included in the property insurance policies 'TRACTOR,Subcontractors,ENGINEER.ENGINEER's Con- sultants and the officers. directors, employees and agents of { xovided under paragraphs 5.6 or 5.7.OWNER shall.if poser any of them rle, include such insurance, and the cost thereof will be �7 :harped to CONTRACTOR by appropriate Change Order or �and Appiivation of Insurance Proceeds i, Written Amendment.Prior to commencement of the Work at he site, OWNER shall in writing advise CONTRACTOR 5.12. Any insured loss under the policies of insurance vhether or not such other insurance has been manned by required by paragraphs 5.6 and 5.7 will be adjusted with 3WNER. OWNER and made payable to OWNER as fiduciary for the 7 insrueds,as their interests may appear:subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. ;.II. Waiver of Rights: OWNER shall deposit in a separate account any money so received,and shall distribute it in accordance with such agree- 5.11.1. OWNER and CONTRACTOR intend that all mats as the parties in interest may reach. if no other special policies purchased in accordance with paragraphs 5.6 and is reached the damaged Work shall be repaired or 5.7 will protect OWNER,CONTRACTOR.Subcontractors, • the moneys so received applied on account thereof ENGINEER ENGINEER's Consultants and all other per- and the Work and the cost thereof covered by an appropriate Chsons or entities identified in the Supplementary Conditions to Order or Written Amendment. be listed as insureds or additional insureds in such policies 5.13. OWNER as fiduciary shall have power to adjust and r- and will provide primary coverage for all losses and damages settle any loss with the insurers unless one of the parties in caused by the perils covered thereby.All such policies shall interest shall object in writing within fifteen days after the - contain provisions to the effect that in the event of payment occurrence of loss to OWNER's exercise of this power.If such of any loss or damage the insurers will have no rights of objection be made.OWNER as fiduciary shall make settlement recovery against any of the insureds or additional insureds with the insurers in accordance with such agreement as the thereunder. OWNER and CONTRACTOR waive all rights parties in interest may reach.If no such agreement among the against each other and their respective officers, directors, parties in interest is reached.OWNER as fiduciary shall adjust employees and agents for all losses and damages caused by, and settle the loss with the insurers and,if required in writing arising out of or resulting from any of the perils covered by by any party in interest.OWNER as fiduciary shall give bond rl such policies and any other property insurance applicable to for the proper performance of such duties. the Work: and, in addition, waive all such rights against Subcontractors, ENGINEER. ENGINEER's Consultants AC tprance of Bonds and iaswoance Option to Replace: 7 and all other persons or entities identified in the Supplenen- 5.14. If either party(OWNER or CONTRACTOR)has any tary Conditions to be listed as insureds or additional insureds objection to the coverage afforded by or other provisions of the under such policies for losses and damages so caused.None Bonds or insurance required to be purchased and maintained of the above waivers shall extend to the rights that any party b1 y the other party in accordance with Article Son the basis of making such waiver may have to the proceeds of insurance non-conformance with the Contract Documents,the objecting held by OWNER as trustee or otherwise payable under any party shall so notify the other party in writing within ten days policy so issued_ after receipt of the certificates (or other evidence requested) required by paragraph 2.7.OWNER and CONTRACTOR shall 5.11.2. In addition. OWNER waives all rights against each provide to the other such additional information in respect CONTRACTOR. Subcontractors. ENGINEER. ENGI- of insurance provided as the other may reasonably request. If 7 N EER's Consultants and the officers,directors,employees either party does not purchase or maintain all of the Bonds and and agents of any of them,fon insurance required of such party by the Contract Documents. such party shall notify the other party in writing of such failure 5.11 2.1. loss due to business interruption,loss of use to purchase prior to the start of the Work..•or of such failure to �] or other consequential loss extending beyond direct phys- maintain prior to any chance in the required coverage.Without it ical loss or damage to OWNER's property or the Work prejudice to any other right or remedy, the other party may caused by, arising out of or resulting from fire or other elect to obtain equivalent Bonds or insurance to protect such • 7peril. whether or not insured by OWNER:and other party's interests at the.expense of the party who was „, 7 . required to provide such coveracc. and a Chance Order shall . CONTRACTOR will.not permit overtime work or tne pcnor- be issued to adjust the Contract Price accordincly- mance ot Work'on Saturday. Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. L Partial Utilization—Propem Insurance:surance: . 6.4. Unless otherwise specified in the General Require- 5.1S. If OWNER finds it necessary to occupy or use a merits. CONTRACTOR shall furnish and assume full respon- portion or portions of the Work prior to Substantial Completion - • sibility for all materials.equipment.labor,transportation,con- 7, of all the Work,such use or occupancy may be accomplished in struction equipment and machinery, tools, appliances, fuel. accordance with paragraph 14.10:provided that no such use or power.light,heat.telephone.-water.sanitary facilities.tempo- 7 occupancy shall commence before the insurers providing the rary facilities and all other facilities and incidentals necessary L property.insurance have acknowledged notice thereof and in for the furnishing.performance, testing. start-up and comple- writing effected any changes in coverage necessitated thereby. tion of the Work. Theinsurers providing the property insurance shall consent by. . endorsement on the policy or policies.but the property incur-7 6.5. All materials and equipment shall be of good quality ance shall not be cancelled or permitted to lapse on account of and new, except as otherwise provided in the Contract Docu- any such partial use or occupancy. menu.All warranties and guarantees specifically called for byW the Specifications shall expressly run to the benefit of ONER. 7 If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence(including reports of required tests)as to ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES the kind and quality of materials-and equipment.All materials and equipment shall be applied,installed,connected,erected. 7 • used.cleaned and conditioned in accordance with instructions of the applicable Supplier,except as otherwise provided in the Supervision and Superintendence: Contract Documents. - - 6.1. CONTRACTOR shall supervise,inspect and direct the Work competently and efficiently, devoting such attention Prvaresr Schedule: thereto and applying such skills and expertise as may be 7 necessary to perform the Work in accordance with the Con- 6.6. CONTRACTOR shall adhere to the progress schedule tract Documents. CONTRACTOR shall be solely responsible .established in accordance with paragraph 2.9 as it may be for the means.methods,techniques,sequences and procedures adjusted from time to time as provided below: of construction, but CONTRACTOR shall not-be responsible for the negligence of others in the design or specification of a 6.6.1. CONTRACTOR shall submit to ENGINEER for specific means,method,technique, sequence or procedure of acceptance Ito the extent indicated in paragraph 2.9) pro- construction which is shown or indicated in and expressly posed adjustments in the progress schedule that will not L' required by the Contract Documents.CONTRACTOR shall be change the.Contract Times (or Milestones). Such adjust- responsible to see that the completed Work complies accu- ments will conform generally to the progress schedule then rately with the Contract Documents. in effect and-additionally will comply with any provisions of the General Requirements applicable thereto. d_ 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who 6.6.2. Proposed adjustments in the progress schedule shall not be replaced without written notice to OWNER and that will change the Contract Times(or Milestones)shall be ENGINEER except under extraordinary circumstances. The •7 submitted in accordance with the requirements of paragraph superintendent will be CONTRACTOR's representative at the: 12.1. Such adjustments may only be made by a Change site and shall have authority to act on behalf of-CONTRAC- _ Order or Written Amendment in accordance with Article 12. TOR. All communications to the superintendent shall be as 7 binding as if given to CONTRACTOR- . 6.7. Substitutes and"Or-Equal"Items: riLabor.Materiials and Equipment: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using 6.3. CONTRACTOR shall provide competent-suitablyqual- the name of a proprietary item or the name of a particular ified personnel to survey..lay out and-construct the-Work as Supplier, the specification or description is intended to required by the Contract Documents.CONTRACTOR shall atr establish the type.function and quality required. Unless the all times maintain goof discipline and order at the site. Except specification or description contains or is followed by worts as otherwise required for the satctv or protection of persons or reading th:i: no like- equivalent or 'or-equal" item or ra, the Work or property at the site or adjacent thereto-and except substitution.p pennrtted, other items ot material or equip as otherwise indicated ra the Contract Documents.all Work at. ment or matcnal or equipment of other Suppliers may tic the site shall be performed during regular working hours and accepted by ENGINEER under the following circumstances Fl 6.7_l.I. "Or-Equal If in ENGINEER's sole discrc- construction is shown or indicated in and expressly required by — bon an item of material or equipment proposed by CON- the Contract Documents. CONTRACTOR may furnish or 71 TRACTOR is functionally equal to that named and suffi- utilize a substitute means. method. technique. sequence or gently similar so that no change in related Work will be procedure of construction acceptable to ENGINEER. CON- required, it may be considered by ENGINEER as an TRACTOR shall subroi. sufficient unformatton to allow ENGi- 7 "or-equal"item.in which case review and approval of the NEER.in ENGINEER'S sole discretion.to determine that the proposed item may,in ENGINEER'S sole discretion, be substitute ptupou•::is equivalent to that expressly called for by accomplished without compliance with some or all of the the Contract Docurrrtnts.The procedure for review by ENGI- requirements for acceptance of proposed"substitute items. NEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.1,2. Substitute Items: If in ENGINEER's sole 6.7.3. Engineer's Evaluation:ENGINEER will be allowed discretion an item of material or equipment proposed by a reasonable time within which to evaluate each proposal or CONIIRACTOR does not qualify as an'or-equal" item submittal made pursuant to paragraphs 6.7.1.2 and 6.7-2. 7 under subparagraph 6.7.1.1. it will be considered a pro- ENGINEER will be the sole judge of acceptability. No "or- posed substitute item.CONTRACTOR shall submit suffi- equal" or substitute will be ordered, installed or utilized dent information as provided below to allow ENGINEER without ENGINEER's prior written acceptance which will be to determine that the item of material or equipment evidenced by either a Change Order or an.approved Shop proposed is essentially equivalent to that named and an Drawing.OWNER may require CONTRACTOR to furnish at acceptable substitute therefor.The procedure for review CONTRACTOR's expense a special performance guarantee or by the ENGINEER will include the following as supple- other surety with respect to any "or-equal" or substitute. mental in the General Requirements and as ENGINEER , ENGINEER will record time required by ENGINEER and 11 may decide is appropriate under the circumstances. Re- ENGINEER's Consultants in evaluating substitutes proposed quests for review of proposed substitute items of material or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 or equipment will not be accepted by ENGINEER from and 6.7.2 and in making changes in the Contract Documents(or anyone other than CONTRACTOR. If CONTRACTOR in the provisions of any other direct contract with OWNER for wishes to furnish or use a substitute item of material or work on the Project) occasioned thereby. Whether or not . equipment.CONTRACTOR shall first make written appli- ENGINEER accepts a substitute item so proposed or submit- cation to ENGINEER for acceptance thereof, certifying ted by CONTRACTOR. CONTRACTOR shall reimburse that the proposed substitute will perform adequately the OWNER for the charges of ENGINEER and ENGINEER'S 7 functions and achieve the results called for by the general Consultants for evaluating each such proposed substitute item. design. be similar in substance to that specified and be suited to the same use as that specified. The application 7 will state the extent.if any,to which the evaluation and Concerning Subcoturacwrs,Suppliers and Others: acceptance of the proposed substitute will prejudice CON- TRACTOR's achievement of Substantial Completion on 6.8.1. CONTRACTOR shall not employ any Subcon7 - time,whether or not acceptance of the substitute for use in tractor. Supplier or other person or organization (including • the Work will require a change in any of the Contract those acceptable to OWNER and ENGINEER as indicated Documents (or in the provisions of any other direct in paragraph 6.81). whether initially or as a substitute. contract with OWNER for work on the Project)to adapt against whom OWNER or ENGINEER may have reason- the design to the proposed substitute and whether or not able objection. CONTRACTOR shall not be required to incorporation or use of the substitute in connection with employ any Subcontractor. Supplier or other person or the Work is subject to payment of any license fee or organization to furnish or perform any of the Work against' royalty.All variations of the proposed substitute from that whom CONTRACTOR has reasonable objection. 7 specified will be identified in the application and available maintenance,repair and replacement service will be indi- 6.8.2. If the Supplementary Conditions require the iden- cated.The application will also contain an itemized esti- city of certain Subcontractors,Suppliers or other persons or mate of all costs-or credits that will result directly or organizations(including those who are to furnish the princi- indirectly from acceptance of such substitute, including pal items of materials or equipment) to be submitted to 7 costs of redesign and claims of other contractors affected OWNER in advance of the specified date prior to the by the resulting change.all of which will be considered by Effective Date of the Agreement for acceptance by OWNER ENGINEER in evaluating the proposed substitute. EN- and ENGINEER, and if CONTRACTOR has submitted a 7 GINEER may require CONTRACTOR to furnish addi- list thereof in accordance with the Supplementary Condi- tional data about the proposed substitute. (ions. OWNER's or ENGINEER's acceptance rcithcr•in 1 writing or by failure to make written objection thereto by the 6.7.1.3. CONTRAC7OR's Expense: All data to be date indicated for acceptance or objection in the bidding provided by CONTRACTOR in support of any proposed documents or the Contract Documents)of any such Subcon- "or-equal—or substitute item will be at CONTRACTOR's • tractor.Supplier or other person or organization so identified , ? expense. • may be revoked on the basis of reasonable objection after • due investigation. in which.case CONTRACTOR shall sub- . 6.7.2. Substitute Construction Methods or Procedures:if a mit an acceptable substitute. the Contract Price will be specific means. method. technique. sequence or procedure of • adjusted by the difference in the cost occasioned by such TI 7 substitution and an appropnatc Change Order will be issued of the Work or the incorporation in the Work of any invention. E or Written Amendment signed. No acceptance by OWNER design, process, product or device which is the subject of or ENGINEER of any such Subcontractor,Supplier qt other patent rights or copynghts held by others. If a particular person or organization shall constitute a waiver of any right invention,design,process,product or device is specified in the {^ of OWNER or ENGINEER to reject defective Work. Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its 6.9.1. CONTRACTOR shall be fully responsible to use is subject to patent rights or copyrights calling for the OWNER and ENGINEER for all acts and omissions of the payment of any license fee or royalty to others,the existence of Subcontractors,Suppliers and other persons and organza- such rights shall be disclosed by OWNER in the Contract 7 tions performing or furnishing any of the Work under a direct : Documents. To the fullest. extent permitted by Laws and or indirect contract with CONTRACTOR just as CON- Regulations,CONTRACTOR shall indemnify and hold harm- TRACTOR is responsible for CONTRACTOR's own acts less OWNER, ENGINEER. ENGINEER'S Consultants and 7 and omissions. Nothing•in the Contract Documents shall -the officers.directors,employees,.agents and other consultants create for the benefit of any such Subcontractor,Supplier or of each and any of them from and against all claims, costs, other person or organization any contractual relationship losses and damages arising out of or resulting from any between OWNER or ENGINEER and any such Subcon- • ' infringement of patent rights or copyrights incident to the use in 7 tractor.Supplier or other person or organization,nor shall it the performance of the Work or resulting from the incorpora- create any obligation on the part of OWNER or ENGI- tion-in the Work of any invention,design.process,product or NEER to pay or to sec to the payment of any moneys due device not specified in the Contract Documents. E any such Subcontractor,Supplier or other person or organi- zation except as may otherwise be required by Laws and Regulations. Perarrtr: 7 6.9.2. CONTRACTOR shall be solely-responsible for 6.13. Unless otherwise provided in the Supplementary scheduling and coordinating the Work of Subcontractors, Conditions, CONTRACTOR shall obtain and pay for all con- Suppliers and other persons and organizations performing or struction permits and licenses. OWNER shall assist CON- 7furnishing any of the Work under a direct or indirect contract TRACTOR_ when necessary, in obtaining such permits and with CONTRACTOR.CONTRACTOR shall require all Sub- licenses. CONTRACTOR shall pay all governmental charges contractors,Suppliers and such other persons and organza- and inspection fees necessary for the prosecution of the Work, Lions performing or furnishing any of the Work to common- which are applicable at the time of opening of Bids,or,if there talc with the ENGINEER through CONTRACTOR. are no Bids, on the Effective Date of the Agreement. CON- •L' 6.10. The divisions and sections of the Specifications and TRACTOR sure!! pay all charges of utility owners for connec- t the identifications of any Drawings shall not control CON- lions to the Work,and OWNER shall su pay all charges of ch TRACTOR in dividing the Work among Subcontractors or utility owners for capital costs related thereto such as plant E Suppliers or delineating the Work to be performed by any investment feu. specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- Laws and Regulations: 7 contractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or 6.14.!. CONTRACTOR shall give all notices and comply Supplier which specifically binds the Subcontractor or Supplier with ail Laws and Regulations applicable to furnishing and 7 to the applicable terms and conditions of the Contract Docu- performance of the Work.Except where otherwise expressly meats for the benefit of OWNER and ENGINEER.Whenever required by applicable Laws and Regulations,neither OWNER any such agreement is with a Subcontractor or Supplier who is nor ENGINEER shall be responsible for monitoring CON listed as an additional insured on the property insurance TRACTOR's compliance with any Laws or Regulations. provided in paragraph 5.6 or 5.7, the agreement between the 6.14.2. If CONTRACTOR performs any Work knowing 7 CONTRACTOR and the Subcontractor or Supplier will con- or having reason to know that it is contrary to Laws or taro provisions whereby the Subcontractor or Supplier waives Regulations. CONTRACTOR shall bear all claims, costs. all rights against OWNER. CONTRACTOR. ENGINEER, ENGINEEk's Consultants and all other additional insureds for losses and damages caused by, arising out of or resulting 7 all losses and damages caused by, arising out of or resulting all however, it shall not be CONTRACTOR's pn- from any of the perils covered by such policies and any other many responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations. property insurance applicable to the Work. If the insurers onE any such policies require separate waiver forms to be signed by but this shall not. relieve CONTRACTOR of CONTRAC any Subcontractor or Supplier.CONTRACTOR will obtain the TOR's obligations under paragraph 3.3.2. same. 7 Tries: Patent Fees and Rovaines: 6.15. CONTRAL RJR shall pay all sales.consumer. use 6.12. CONTRACTOR shall pay ail license fees and royal- and other similar taxes required to be paid by CONTRACTOR 7 ties and assume ail costs incident to the use in the performance in accordance with the Laws and Regulations of the place o.. ,5 7 71 the project which are applicable during the performance of the the Work. these record documents. Samples and Shop Draw- Work- ings will be delivered to ENGINEER for OWNER. ^1 Use of Premises: Safety and Protection: r 6.16. CONTRACTOR shall confine construction equip- 6.20. CONTRACTOR shall be responsible for initiating, meat. the storage of materials and equipment and the opera- maintaining and super.ising all safety precautions and pro- dons of workers to the site and land and areas identified in and grams in connection with the Work.CONTRACTOR shall take permitted by the Contract Documents and other land and areas all necessary precautions for the safety of..and shall provide permitted by Laws and Regulations.rights-of--way,permits and the necessary protection to prevent damage,injury or loss to: easements,and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. 6.20.1. all persons on the Work site or who may be �} CONTRACTOR shall assume full responsibility for any dam- affected by the Work: !I age to any such land or area. or to the owner or occupant thereof or of any adjacent land or areas. resulting from the 6.20.2. 'all the Work and materials and equipment to be performance of the Work. Should any claim be made by any incorporated therein. whether in storage on or off the site: such owner or occupant because of the performance of the and Work. CONTRACTOR shall promptly settle with such other • party by negotiation or otherwise resolve the claim by arbitra- 6.20.3. other property at the site or adjacent thereto. tion or other dispute resolution proceeding or at law. CON- including trees.shrubs,lawns.walks,pavements.roadways. TRACTOR shall.to the fullest extent permitted by Laws and structures. utilities and Underground Facilities not desig- Regulations, indemnify and hold harmless OWNER. ENGi- nated for removal.relocation or replacement in the course of NEER. ENGINEER's Consultant and anyone directly or construction. . indirectly employed by any of them from and against all claims, costs.losses and damages arising out of or resulting from any CONTRACTOR shall comply with all applicable Laws and claim or action.legal or equitable.brought by any such owner. Regulations of any public body having jurisdiction for safety of or occupant against OWNER.ENGINEER or any other party persons or property or to protect them from damage,injury or indemnified hereunder to the extent caused by or based upon loss;and shall erect and maintain all necessary safeguards for 7 CONTRACTOR's performance of the Work. such safety and protection.CONTRACTOR shall notify own- ers of adjacent property and of Underground Facilities and 6.17. During the progress of the Work. CONTRACTOR utility owners when prosecution of the Work may affect them. 7 shall keep the premises free from accumulations of waste and shall cooperate with them in the protection, removal, , materials,rubbish and other debris resulting from the Work.At relocation and replacement of their property. All damage, the completion of the Work CONTRACTOR shall remove all injury or loss to any property referred to in paragraph 6.20.2 or waste materials. rubbish and debris from and about the pre- 6.20.3 caused. directly or indirectly, in whole or in part. by mises as well as all tools.appliances.construction equipment CONTRACTOR. any Subcontractor. Supplier or any other and machinery and surplus materials. CONTRACTOR shall person or organization directly or indirectly employed by any leave the site dean and ready for occupancy by OWNER at of them to perform or furnish any of the Work or anyone for Substantial Completion of the Work. CONTRACTOR shall whose acts any of them may be liable, shall be remedied by 7 restore to original condition all proper not designated for CONTRACTOR (except damage or loss attributable to the alteration by the Contract Documents. fault of Drawings or Specifications or to the acts or omissions • of OWNER or ENGINEER or ENGINEER's Consultant or 7 6.18. CONTRACTOR shall not load nor permit any part of anyone employed by any of them or anyone for whose acts any any structure to be loaded in any manner that will endanger the of them may be liable, and not attributable, directly or indi- structure, nor shall CONTRACTOR sut'rect any part of the reedy, in whole or in part. to the fault or negligence of Work or adjacent property to stresses :.r pressures that will CONTRACTOR or any Subcontractor.Supplier or other per- endanger it son or organization directly or indirectly employed by any of them).CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as 7 Record Docuarent: all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with para- 6.19. CONTRACTOR shall malnt:un in a safe place at the graph 14.13 that the Work is acceptable(except as otherwise site one record copy of all Dusting:.S`r:ifications.Addenda. expressly provided in connection with Substantial Complc- r"� Written Amendments. Chant: Orders. Work Change Direc- tion). • JI rives. Field Orders and w nn:n mtcrpre:ations and clarifica- tions (issued pursuant to ro:riertph u =' in good order and annotated to show all chance, made .curing construction. Safety Representaare: TI These record documents t c.:met v.nth all approved Samples and a counterpart of all ar.reo.ed Shop Drawings will be 6.21. CONTRACTOR shall designate a qualified and expe- . available to ENGINEER fo- reference. Loon completion of rienced safety representative at the site whose duties and TI26 TI 7 �t responsibilities shall be the prevention of accidents and the 6.25.1.1. all field measurements. quantities. dimen- C maintaining and supervising of safety precautions and pro lions, specified performance criteria, installation require- ments,ments,materials.catalog numbers and similar information with respect thereto. 7 Hazard Con reunicariorr Programs_ ' 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling. storage, assembly and 6.22 CONTRACTOR shall be responsible for coordinating installation pertaining to the performance of the Work,and IT any exchange of material safety data sheets or other hazard communication information required to be made available to or 6.25.1.2. all information relative to CONTRACTOR's exchanged between or among employers at the site in accor- sole responsibilities in respect of means, methods, tech- 7dance with Laws or Regulations. niques, sequences and procedures of construction and safety precautions and programs incident thereto. • Emergencies: CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings 7 6.23. In emergencies affecting the safety or protection of and Samples and with the requirements of the Work and the persons or the Work or property at the site or adjacent Contract Documents. thereto,CONTRACTOR,without special instruction or au- thorization from OWNER or ENGINEER, is obligated to • 6.25.2. Each submittal will bear a stamp or specific 7 act to prevent threatened damage, injury or loss. CON- written indication that CONTRACTOR has satisfied CON- TRACTOR shall give ENGINEER prompt written notice if TRAC'TOR's obligations under the Contact Documents with CONTRACTOR believes that any significant changes in the respect to CONTRACTOR'S review and approval of that Work or variations from the Contract Documents have been submittal. _ . , 7 caused thereby.If ENGINEER determines that a change in the Contract Documents is required because of the action • 6.25.3. At the time of each submission.CONTRACTOR taken by CONTRACTOR in response to such an emergency,E shall give ENGINEER specific written notice of such vari- a Work Change Directive or Change Order will be issued to ations, if any. that the Shop Drawing or Sample submitted document the consequences of such action. may have from the requirements of the Contract Documents. such notice to be in a written communication separate from • '7 _ the submittal:and,in addition,shall cause a specific notation �'SW OP to be made on each Shop Drawing and Sample submitted to 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval of each such variation. ENGINEER for review and approval in accordance with the Eaccepted schedule of Shop Drawings and Sample smittals 6.26. ENGINEER will review and approve Shop Drawings(see paragraph 2.9). All submittals will be identified as and Samples in accordance with the schedule of Shop Draw- ENGiNEER may require and in the number of copies ings and Sample submittals accepted by ENGINEER as re- specified in the General Requirements. The data shown on quired by paragraph 2.9. ENGINEER's review and approval 7 the Shop Drawings will be complete with respect to quanti- will be only to determine if the items covered by the submittals ties,dimensions,specified performance and design criteria, will,after installation or incorporation in the Work,conform to materials and similar data to show ENGINEER the materi- the information given in the Contract Documents and be als and-equipment CONTRACTOR proposes to provide and compatible with the design concept of the completed Project as 7 to enable ENGINEER to review the information for the a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will,not extend to means, limited purposes required by paragraph 6.26. methods,techniques,sequences or procedures of construction 6.24.2. CONTRACTOR shall also submit Samples to (except where a particular means. method, technique. se- 7 ENGINEER for review and approval in accordance with quence or procedure of construction is specifically and ex- said accepted schedule of Shop Drawings and.Sample sub- pressly called for by the Contract Documents) or to safety mittals.Each Sample will be identified clearly as to material. precautions or programs incident thereto. The review and 7 Supplier,pertinent data such as catalog numbers and the use approval of a separate item as such will not indicate approval of for which intended and otherwise as ENGINEER may the assembly in which the item functions. CONTRACTOR require to enable ENGINEER to review the submittal for shall make corrections required by ENGINEER, and shall r'! the limited purposes required by paragraph 6.26. The num- return the required number of corrected copies of Shop Draw. L. bers of each Sample to be submitted will be as specified in ings and submit as required new Samples for review and the Specifications. approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 7 6.2.5. Submiaal Procedures: 6.27. ENGINEER"s review and approval of Shop Draw- 6.25.1. Before submitting each Shop Drawing or Sam- ings or Samples shall not relieve CONTRACTOR from.respon- ITple.CONTRAL IUR shall have determined and verified: sibility for any variation from the requirements of the Contract I Joanneits unless CONTRACTOR has in writing called EN- 6.30 2_5. any acceptance by OWNER or any failure to 0"' )INEER's attention to each such variation at the time of do so: aibmission as required by paragraph 6_25.3 and ENGINEER . as given written approval of each such variation by specific 6.30.2.6_ any review and approval of a Shop Drawing written notation thereof incorporated in or accompanying the or Sample submittal or the issuance of a notice of accept- t°" Shop Drawing or Sample approval:nor will any approval by ability by ENGINEER pursuant to paragraph 14.13; ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.2_5.1. 6.30.2.7. any inspection,test or approval by others;or 6-28- Where a Shop Drawing or Sample is required by the 6.30.2.8. any correctionofdefective Work byOWNER. Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by faimudfication: paragraph 2.9. any related Work performed prior to ENGI- NEER'S review and approval of the pertinent submittal will be 6.31. To the fullest extent permitted by Laws and Regula- at the sole expense and responsibility of CONTRACTOR. Lions. CONTRACTOR shall indemnify and hold harmless OWNER. ENGINEER. ENGINEER'S Consultants and the officers,directors.employees,agents and other consultants of Continuing tire Wort each and any of them from and against all claims.costs.losses and damages(including but not limited to all fees and charges f-} 6.29. CONTRACTOR shall carry on the Work and adhere of engineers.architects.attorneys and other professionals and to the progress schedule during all disputes or disagreements all court or arbitration or other dispute resolution costs)caused with OWNER.No Work shall be delayed or postponed pond- by. arising out of or resulting from the performance of the mg resolution of any disputes or disagreements. except as Work,provided that any such claim,cost,loss or damage:(i)is 1 permitted by paragraph IS-5 or as OWNER and CONTRAC- attributable to bodily injury,sickness.disease or death.or to TOR may otherwise agree in writing. injury to or destruction of tangible property (other than the Work itself).including the loss of use resulting therefrom,and (ii) is caused in whole or in part by any negligent act or 6.30. CONTRACIOR's General Warranty and Guarantee: omission of CONTRACTOR,any Subcontractor.any Supplier, • any person or organization directly or indirectly employed by 6.30.1. CONTRACTOR warrants and guarantees to any of them to perform or furnish any of the Work or anyone OWNER.ENGINEER and ENGINEER'S Consultants that for whose acts any of them may be liable.regardless of whether all Work will be in accordance with the Contract Documents or not caused in part by any negligence or omission of a person and will not be defective. CONfTRAC7OR's warranty and or entity indemnified hereunder or whether liability is imposed guarantee hereunder excludes defects or damage caused by: upon such indemnified party by Laws and Regulations regard- less of the negligence of any such person or entity. 6.30.1.1. abuse.modification or improper maintenance or operation by persons other than CONTRACTOR.Sub- 6.32. In any and all claims against OWNER or ENGI- conttactors or Su ppliers:or NEER or any of their respective consultants.ruts.officers. directors or employees by any employee(or the survivor or 6.30.11: normal wear and tear under normal usage. personal representative of such employee)of CONTRACTOR. any Subcontractor. any Supplier. any person or organization directly or indirectly employed by any of them to perform or 6.30.2. CONTRACTOR's obligation to perform and com- furnish any of the Work,or anyone for whose acts any of them plete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an may be liable,the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the acceptance of Work that is not in accordance with the amount or type of damages,compensation or benefits payable f+ Contract Documents or a release of CONTRACTOR'S obli- by or for CONTRACTOR or any such Subcontractor.Supplier gation to perform the Work in accordance with the Contract Documents: or other person or organization under workers'compensation acts,disability benefit acts or other employee benefit acts. 6.30.2.1. observations by ENGINEER: 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not eitend to the liability of ENGI- 6.30.2.3. recommendation of any progress or final NEER and ENGINEER's Consultants. officers, directors. payment by.ENGINEER: employees or agents caused by the professional negligence. errors or omissions of any of them. 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC- r" TOR under the Contract Documents: Survival of Obligations: 6.30.2.4. use or occupancy of the Work or any part 6.34. All representations.indemnifications.warranties and thereof by OWNER: guarantees made in, required by or given in accordance with 28 1 the Contract Documents. as well as all continuing obligations indicated in thc Contract Documents, will survive final pay- ment, completion and acceptance of thc Work and termination or completion of the Agreement. ARTICLE 7—OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER% own forces, or let other direct contracts therefor which shall contain General Condi- tions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ir) CONTRAC- TOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the addi- tional work with OWNER's employees) proper and safe arrtt to the site and a reasonable opportunity for the introduction and storage of materiials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several pans come together properly and inte grate with such other work. CONTRACTOR shall not en danger any work of others by cutting, excavating or other- wise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CON- TRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7 3. If the proper execution or results of any part of CONTRAC IUR's Work depends upon work performed by others under this Article 7. CONTRAL JOR shall inspect such other work and promptly report to ENGINEER in writing any delays defects or deficiencies to such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRAC TUR s failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRAC JUR s Work except for Latent or nonapparcnt defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, thc following will be set forth in Supplementary Conditions: 7.4.1. thc person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be idenufied; 7.4.2. the specific matters to be covered by such author- ity and responsibility will be itemized: and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Condi- tions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8—OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communications to CONTRAC- TOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer agamst whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14 13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish ref erence points are set forth in paragraphs 4.1 and 4 4 Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tuts of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance arc set forth in paragraphs 5.5 through 5.10. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or s' spend Work. sec paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRAC IUR under certain circumstances. 29 8.9. The OWNER shall not supervise. direct or have control or authonty over. nor be responsible for. CONTRAC- TOR's means methods. techniques. sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRAC:IUR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CONTRACTIOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.10. OWNER'S responsibility in respect of undisclosed Asbestos. PCBs. Petroleum. Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5. 8 11. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfy OWNER's obligations under the Contract Documents. OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9—ENGINEER S STATUS DURING CONSTRUCTION OWNER'S Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authonty of ENGINEER as OWNER's repre- sentative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visit: to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGI- NEER deems necessary in order to observe as an experienced and qualified design professional the prvgtLss that has been made and the quality of the various aspects of CONTRAC- TOR's executed Work. Based on information obtained during such visits and observations. ENGINEER will endeavor for the benefit of OWNER to determine. in general if the Work is proceeding in accordance with thc Contract Documents. EN- GINEER will not be required to make exhaustive or continu- ous on site inspections to chcck thc quality or quantity of the Work. ENGINEER'S efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on -site observations. ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work EN GINEER's visits and on site observations arc subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13. and particularly. but without limitation. dunng or as a result of ENGINEER'S on -site visits or observations of CONTRACTOR s Work ENGINEER will not supervise. direct. control or have authonty over or be respon- sible for CONTRACIOR's means methods. techniques. sc- quences or procedures of construction. or the safety precau- tions and programs incident thereto. or for anv failure of CONTRA(. IUR to comply with .Laws and Regulations appli- cable to the furnishtng or performance of the Work. Project Represe.uavve. 9.3. If OWNER anti ENGINEER agree. ENGINEER will furnish a Resident Project Representative to assist ENGI- NEER in providing more continuous observation of the Work. The responsibilities and authority and limitations therenn of any such Resident Project Representative and assistants will be as provided in paragraph 9.13 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at thc site who is not ENGI- NEER's Consultant, agent or employee, the responsibilities and authonty and limitations thereon of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such wntten clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRAC- TOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the panics are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as pro- vided in Article 11 or Article 12. Audwrized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRA(, IUR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or thc Contract Times and the panics arc unable to agree as to the amount or extent thereof. OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. ENGINEER will have authonty to disapprove or reject Work which ENGINEER believes to be defective. or 30 that ENGINEER believes will not product a completed Project that conforms to thc Contract Documents or that will prejudice thc integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspec- tion or testing of the Work as provided in paragraph 13.9. whether or not the Work is fabricated. installed or completed. Shop Dryrring:, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, sec paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority Change Orders, sec Articles 10 I I and 12. 9.9. In connection with ENGINEER's authority Applications for Payment. see Article 14. Determinations for Unit Prices: as to as- to 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRAC- TOR. ENGINEER will review with CONTRA(- FOR the EN- GINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless. within ten days after the date of any such decision. either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER s decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A. "Dispute Resolution Agreement." entered into between OWNER and CONTRAC. IUR pursuant to Article 16. or (ii) if no such Dispute Resolution Agreement has been entered into. a formal pruk.zcding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or reme.d,ea as the appealing party may have with respect to ENGINEER s decision unless otherwise agreed in writing by OWNER and CONTRA(_ IUR. Such appeal will not be subject to thc procedures of paragraph 9.1 I . Decisions on Disputes: 9.11. ENGINEER will bc the initial interpreter of the requncnu.nts of (he Contract Documents and judge of the acceptability of the Work thereunder. Claims disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishtne of thc Work and Claims under Articles I i and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writine with a request for a formal decision if; accordance with this paragraph. Written nonce of each such claim. dispute or other matter will be delivered by the ciaiman; to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after thc start of thc occurrence or event giving rise thereto, and written supporting data will bc submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim. dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal. if any. in accordance with this paragraph. ENGINEER's written decision on such claim. dispute or other mattcr will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGiNEER's decision is taken within the time limits and in accordance with the pruc.t_dures set forth in EXHIBIT GC -A. "Dispute Reso- lution Agreement," entered into between OWNER and CON- TRACIUR pursuant to Article 16. or (ii) if no such Dispute Resolution Agreement has been entered into. a written notice of intention to appeal from ENGINEER'S written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11. ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9 11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim. dispute or other matter pursuant to Article 16. 9.13. Linthanons on ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibil- ity under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or respon:ibilit v or the undertaking. exercise or performance f arr. authors, of respx.msibility by ENGINEER shall create. ;mrxr,c or give n,e to any duty owed by ENGINEER o CONTRA( MR. anti Subcontractor. any Supplier. an. other person or organization. or to any surety for or cm- prorvice or acen; o: any of them 9.13.2. ENGINEER will not supervise. direct control or have authority over or be responsible for CONTRAC- TOR's means, methods. techniques, sequences or proce- dures of construction, or the safety precautions and pro- grams incident thereto. or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Docu- ments. 19.133 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier. or of any other person or organization perform- ing or furnishing any of the Work. 9.13.4. ENGINEER'S review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules. guarantees. bonds and certificates of inspection. tests and approvals and Other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of. and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Doc- uments. 9.13.5 The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGI- NEER's Consultants. Resident Project Representative and assistants. RT1CLE 10—CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without *rice to any surety. OWNER may, at any time or from time o time, order additions, deletions or revisions in the Work. ;uch additions. deletions or revisions will be authorized by Written Amendment, a Change Order, or a Work Change )irective Upon receipt of any such document. CONTRAC- 'OR shall promptly proceed with the Work involved which /ill be performed under the applicable conditions of the :ontract Documents (except as otherwise specifically pro- ided ). 10.2. If OWNER and CONTRACTOR are unable to agree s to'the extent if any, of an adjustment in the Contract Price r art adjustment of the Contract Times that should be allowed s a result of a Work Change Directive. a claim may be made terefor as provided in Article 1 I or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in is Contract Price or an extension of the Contract Times with aspect to any Work performed that is not required by the ontract Documents as amended. modified and supplemented provided in paragraphs 3.5 and 3.6 except in the case of an nergency as provided in paragraph 6.23 or in the case of -*covering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders recommended by ENGINEER (or Writ- ten Amendments) covenng: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1. (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13 14 or (iii) agreed to by the parties: 10.4.2. changes in the Contract Price or Contract Times which arc agreed to by the parties: and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11; provided that. in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations but during any such appeal CON- TRACTOR shall any on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (includ- ing, but not limited to. Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's respon- sibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE I I —CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties responsibili- ties and obl igations assigned to or undertaken by CON t KACTOR shall be at CONTRACTOR s expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making thc claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to thc claim and stating the general nature of the claim Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.1 I if OWNER and CONTRAC. RA cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will 32 bc valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents. by application of such unit prices to the quanutics of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9.3, inclusive) 11 3 2 where the Work involved is not covered by unit prices contained in the Contract Documents. by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.33. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 113.2. on the bate of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACIDR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work: 1,1.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to m writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemtzcd in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation superintendents. foremen and other personnel em- ployed full- time at the site. Payroll costs for employees not employed full time on the Work shall be appornoncd on the basis of their time spent on the Work. Payroll costs shall rndude but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions. unemployment. excise and payroll taxes, work- ers' compensation. health and retirement benefits. bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours. on Saturday. Sunday or legal holidays. shall bc included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work. including costs of transportation and storage thereof. and Suppliers field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CON- TRACTOR with which to make payments. in which cast the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materi- als and equipment shall accrue to OWNER, and CON- TRACTOR shall make provisions so that they may bc obtained. 11.4.3. Payments made by CONTRACTOR to the Sub- contractors for Work performed or fumtshed by Subcontrac- tors. If required by OWNER. CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine. with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACPOR's Cost of the Work and fee as provided in paragraphs 11.4. 11.5, 11.6 and 11.7 All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers. architects. testing laboratories, survey- ors. attorneys and accountants) employed for services spe- cifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC TOR's ern- ployecs incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and mainte- nance. of all materials. supplies. equipment. machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers. which are con- sumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agree- ments approved by OWNER with the advice of ENGI- NEER. and the costs of transportation loading, unload- ing. installation, dismantling and removal thereof —all in accordance with the terms of said rental agreements. The rental of any such equipment. machinery or pans shall craw when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales. consumer. use or similar taxes related to the Work. and for which CONTRACTOR is liable imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes othcr than ncgh- gcncc of CONTRAC IUR, any ' ubcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable and royalty payments and fccs for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work. not compensated by insurance or otherwise, sustained by CONTRACTOR in connexion with the performance and furnishing of the Work (except Loses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have re- sulted from notes other than the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of than may be liable. Such losses shall include settle- ments made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRAC'IOR's fee. If, however, any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2 11.4.5.7. The cost of utilities, fuel and sanitary facili- ties at the site. 11.4.5.8. Minor expenses such as telegrams. long dis- tance telephone calls. telephone service at the site, ex- pressage and similar petty cash items in connection with the Woric. 11.4_5.9. Cost of premiums for additional Bonds and insurance required heraiuv of changes in the Work 11 S. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACIOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers. ar- chitects, estimators. attorneys, auditors. accountants, pur- chasing and contracting agents. expediters, timekeepers, Jerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR s principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4—all of which are to be consid- ered administrative costs covered by the CONTRACTOR s fee. 11.5.2. Expenses of CONTRAC.IUR's principal and branch offices other than CONTRAC. [UR's office at the site 11.5.3. Any part of CONTRACTUR's capital expenses. including interest on CONTRAL FOR s capital employed for the Work and charges against CONTRAC. tOR for delin- quent payments. 11.5.4. Cost of premiums for all Bonds and for all nsurance whether or not CONTRACTOR is required by the ontract Documents to purchase and maintain the same except for the cost of premiums covered by subparagraph 1.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR. any Subcontractor. or anyone dirccuy or inch- rectly employed by any of them or for whose acts any of them may be liable. including but not Limited to. the correction of defective Work disposal of materials or equipment wrongly supplied and making good any damage to property. Other overhead or genera expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRAC.IUR's fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon. then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4 2. the CONTRACTOR's fee shall be fifteen percent: 11.6.2.2. for costs incurred under paragraph 11.4.3. the CONTRACTOR's fee shall be five percent: 11.6.2.3. where one or more tiers of subcontracts arc on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1 11.4 2. 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work at whatever tier. will be paid a fce of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4. 11.4.5 and 11.5: 11.6.2.5. the amount of credit to be allowed by CON- TRAC IOR to OWNER for any change which results in a net decrease in cost will be the amount et the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change the adjustment in CONTRACTOR's fce shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5. inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 1 1.5, CONTRAL IOR will establish and maintain records thereof in accordance with generally accepted •accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown to- gether with supporting data. 34 Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in thc Contract Documents and shall cause the Work so covered to be fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that 11.8.1..' the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and han- dling on the site, labor installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment. an appropriate Change Order will be issued as recommended by ENGINEER to reflect arum' • amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Pnce will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifica- tions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to bc adequate to cover CONTRACTOR s overhead and profit for each sepa- rately identified item. 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRA( IUR differs materially and sig- nificantly from the estimated quantity of such item indi- cated in the Agreement* and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work: and 11.9.3.3. if CONTRAC EUR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Price and the parties arc unable to agree as to thc amount of any such increase or decrnsr ARTICLE 12—CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occuntrtce of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event Al) claims for adjustment in the Contract Times (or Milestones) shall be determined by ENG!- NEER in accordance with paragraph 9.11 if OWNER and CONTRACR)R cannot otherwise agree No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents arc of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complet- ing any pan of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRAC- TOR. the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include. but not be limited to. acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7. fires. floods. epidemics. abnormal weather condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRA(- TOR. 12.4. Where CONTRACTOR is prevented from complct- mg any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR. an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRAC TUR's sole and exclusive remedy for such delay. In no event shall OWNER bc liable to CONTRAC- TOR, any Subcontractor, any Supplier. any other person or organization. or to any surety for or employee or agent of any of them. for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR. or hi) 35 delays beyond the control of both parties including but not limited to fires, floods. epidemics. abnormal weather condi- tions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by . Article 7. ARTICLE 13—TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowl- edge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Atoms to Wort 13.2. OWNER, ENGINEER. ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdic- tional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such arrecs and advise them of CONTRACTOR s site safety procedures and programs so that they may comply therewith as applicable. Tam and Inspecrioas: 133. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the Work for all required inspections, tests or approvals. and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections. tests. or approvals required by the Contract Documents except: 13.4.1. for inspections. tests or approvals covered by paragraph 13.5 below: 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9; and 13.4,3. as otherwise specifically provided in the Con- tract Documents. 13.5. If Laws or Regulations of any public body having junsdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other repre- sentative of such public body. CONTRAL TOR shall assume full responsibilitv for arranging and obtaining such inspections, tests or approvals. pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arrang- ing and obtaining and shall pay all costs in connection with any inspections. tuts or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to bc incorporated in the Work. or of materials mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to bc inspected tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must. if re- quested by ENGINEER. be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Utscovering Work. 13.8. If any Work is covered contrary to the written request of ENGINEER. it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR s expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR at ENGINEER's re- quest, shall uncover. expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question. furnishing all nrensary labor. material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others): and OWNER shall be entitled to an appropriate decrease in the Contract Price. and. if the parties are unable to agree as to the amount thereof. may make a claim therefor as provided in Article 11. If. however. such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones). or both, directly attributable to such uncovering. exposure, ob- servation, inspection. testing, replacement and reconstruction: and, if the parries are unable to agree as to the amount or extent thereof CONTRACTOR may make a claim therefor as pro- vided to Articles I I and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACIOR fails to supply sufficient skilled workers or suitable materials or equip- ment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRAL i1 R to stop the Work, or any portion thereof. until the cause for such order has been eliminated: however, this right of OWNER to stop the Work 36 shall not give nsc to any duty on the pan of OWNER to exercise this tight for the benefit of CONTRAC IUR or any surcty or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER. CONTRACTOR shall promptly, as directed either correct all defective Work, whether or not fabricated, installed or completed. or, if the Work has been rejected by ENGINEER. remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs tosses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period 13.12.1. If within one year after the date of Substantial Completion or such longer period of time as may be pre scribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Doc- uments or by any specific provision of the Contract Docu- ments, any Work is found to be defective. CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) contct such defec- tive Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective. and (it) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of Toss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such re- moval and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In special circumstances where a particular item of equipment is placed in continuous service before Substan- tial Completion of all the Work. the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other Work resulting therefrom, has been corrected. removed or replaced under this paragraph 13.12. thc correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or re- moval and replacement has been satisfactorily completed. Acceptance of Dcfecdve Work: 13.13. If. instead of requiring correction or removal and replarcment of defective Work. OWNER (and. pnor to ENGI NEER's recommendation of final payment, also ENGINEER) prefers to accept it. OWNER may do No. CONTRACTOR shall pay all claims. costs. losses and damages attnbutable to OWNER'S evaluation of and determination to accept such defective Work (such costs to bc approved by ENGINEERas to reasonableness). If any such acccptancc occurs pnor to ENGiNEER's recommendation of final payment. a Change Order will be issued incorporating the necessary revisions in the Contract Docuuments with respect to the Work: and OWNER shall bc entitled to an appropnatc decrease in the Contract Price, and. if thc parties art unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 1 I. If the acceptance occurs after such recommenda- tion, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to comet defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CON- TRACTOR fails to perform the Work in accordance with thc Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR. correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall pro- ceed expeditiously. In connection with such corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site. take possession of all or part of the Work. and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR s tools, appliances, construc- tion equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which art stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives. agents and employees. OWNER's other con- tractors and ENGINEER and ENGINEER s Consultants ac- cess to the site to enable OWNER to exercise the nghts and remedies under this paragraph All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price. and. if the parties arc unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such claims. costs. losses and damages will include but not be limited to all costs of repair or replace• ment of work of others destroyed or damaged by correction. removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAYMENTS TO CONTRAC IUR AND COMPLETION Schedule of Values: 14.). The schedule of values established as provided In paragraph 2 9 will serve as the basis for progress payments an.: will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units com- pleted. Application for Plug ,cia Payment. 14.1 At (east twenty days before the date established for each progress payment (but not more often than once a month). CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on thc basis of materials and equip- ment not incorporated in the Work but delivered and suitably stoned at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment arc covered by appropriate property insurance and otherarrangements to protcct OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. COIVTRACIOR's Warranty of Tisk: 14.3. CONTRACTOR warrants and guarantees that title to all Work, matenals and equipment covered by any Application for Payment, whether incorporated in the Project or not, will oass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment. either indicate in writing a recommendation of payment and present the Application to OWNER. or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit thc Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER'S recommendation, the amount recommended will (subject to the provisions of the last sen- tence of paragraph 14.71 become due and when due will be paid by OWNER to CONTRAL FUR. 14.5. ENGINEER's recommendation of any payment re- quested in an Application for Paymcnt will constitute a repre- sentation by ENGINEER to OWNER. based on ENGINEER's on -site observations of the executed Work as an expenenced and qualified design professional and on ENGINEERS review of the Application for Payment and the accompanying data and schedules. that to the best of ENGINEER'S knowledge. infor- mation and belief: 14.5. 1 . the Work has progressed to the point rndicatcd. 14.5.2. the quality of the Work is generally in accor- dance with thc Contract Documents (subject to an evalu- ation of the Work as a functioning whole prior to or upon Substantial Completion. to the results of any subsequent tests called for in thc Contract Documents. to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other quali- fications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) e xhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond thc responsibilities specifically assigned to ENGINEER in thc Contract Documents or (u) that there may not be other matters o r issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment. in- cluding final payment. shall not mean that ENGINEER is responsible for CONTRACTOR s means. methods. techniques, sequences or procedures of construction. or the safety precau tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work. or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if. in ENGINEER's opinion. it would be incorrect to make thc representations to OWNER referred to in paragraph 14 5. ENGINEER may also refuse to recom- mend any such payment or because of subsequently discov- e red evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended. to such e xtent as may be necessary in ENGINEER'S opinion to protect OWNER from loss because: 14.7.1. the Work is defective. or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order. 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the oc• currcncc ot any ot the events enumerated in paragraphs 15.2.1 through I5.3-4 inclusive. OWNER may reluse to make payment of the full amount recommended bs ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTORS performance or furnishing of the Work. 14 7 6 Licns have been filed in connection with thc Work, except where CONTRAC IUR has delivered a specific Bond satisfactory to OWNER to secure thc ratisfartion and discharge of such Liens. 14.7.7. there are other items entitling OWNER to a set-off against the amount recommended. or 14.7.8. OWNER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs 14.7.1 through 14.73 or paragraphs 15.2.1 through 15 2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWN- ER s satisfaction the reasons for such action. - Smbrssmst ial Completion: 14.8. When CONTRACTOR considers the entire Work toady for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- TOR as incomplete) and request that ENGINEER issue a ccztificate of Substantial Completion Within a reasonable time thereafter, OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work sub- stantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substanual Com- pletion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be compkted or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list 1f, after considering such objections. ENGINEER concludes that the Wont is not substantially complete ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. if, after consideration of OWNER's objections. EN- GINEER considers the Work substantially complete, ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRALIUR a written tnmcndation as to division of responsibilities pend- ing final payment between OWNER and CONTRACTOR with respect to sccunty. operation, safety maintenance, heat utili- ties. insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing pnor to ENGINEER's issuing the definitive certificate of Substantial Completion. ENGINEER'S aforesaid recommendation will be binding on OWNER and CONTRAC IUR until final payment. 14.9. OWNER shall have thc right to exclude CONTRAC- TOR from the Work after thc date of Substantial Completion. but OWNER shall allow CONTRACTOR reasonable access to complete or correct gems on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any sub- stantially completed part of the Work which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a sepa- rately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant inter- fercncc with CONTRACTOR s performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all the Work subject to the following: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such • part of the Work which OWNER believes to be ready for its intended use and substantially complete. if CON- TRACTOR agrees that such part of the Work is substan- tially complete. CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request. OWNER. CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete. ENGI- NEER will notify OWNER and CONTRACTOR in writ- ing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14 8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5 15 in respect of property insurance. Final 1 nipection: 1s.11. Upon v niten notice from CONTRACIUR that the enure Work or an agreed portion thereof is complete. ENGI- NEER will make a final inspection with OWNER and CON• TRAC'iOR and will notify CONTRACiOR in writing of all particulars in which this insp coon reveals that tnc Work is incomplete or defective. CONTRAC IUR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. Final Application for Payment 14.12. After CONTRA.. [UR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions. schedules, guarantees. Bonds. certifi cates or other evidence of insurance required by paragraph 5.4 certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRAC- TOR may make application for final payment following the procedure for progress payments The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13. (ri) consent of the surety, if any. to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER. CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor services. material and equipment for which a Lien could be filed. and (ii) all payrolls, matcnal and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satis- factory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection. and ENGI- NEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents. ENGINEER is satisfied that the Work has been completed and CONTRACIUR's other obligations under the Contract Documents have been fulfilled. ENGINEER will. within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER'S recommendation of payment and present the Application to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRAC IUR that the Work is acceptable subject to the provisions of paragraph 14.15. Oth- erwise ENGINEER will return thc Application to CON- TRACIUR indicating in wnting the reasons for refusing to recommend final payment. in which case CONTRACTOR shall make the nerKcary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the Applica- tion and accompanying documentation. in appropnate form and substance and with ENGINEER's recommendation and notice of acceptability. the amount recommended by ENGI- NEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If. through no fault of CONTRACTOR. final com- pletion of the Work is significantly delayed and if ENGINEER so confirms. OWNER shall upon receipt of CONTRAC IUR's final Application for Payment and recommendation of ENGI- NEER and without tcnninating thc Agreement, makc pay- ment of the balance uuc for that portion of the Work fully completed and acccptec. : f the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainagc stipulated in the Agreement. and if Bonds have been furnished as required in paragraph S.I. the written con- sent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRAC IUR to ENGINEER with the Appli- cation for such payment. Such payment shall be made under the terms and conditions governing final payment. except that it shall not constitute a waiver of claims. Waiver of Claim: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR. except claims arising from unsettled Liens, from defective Work appearing after final inspection pursu- ant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein. or from CONTRACTOR's continuing ob- ligations under the Contract Documents; and 14.15.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in wnting and still unsettled. ARTICLE I5—SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause. OWNER may sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in wnting to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRAC IOR shall resume the Work on the date so fixed. CONTRAL [OR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times. or both. directly attributable to anv such suspension if CONTRAC !OR makes an approved claim therefor as provided in Articles 1 I and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 40 15.2.1. if CONTRACTOR persistently fails to perform thc Work in accordance with the Contract Documents (in- cluding, but not limited to failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRA(.. TOR disregards Laws or Regula- tions of any public body having jurisdiction: 15.2.2. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any sub- stantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any,) seven days' written noticc and to the extent permit- ted by Laws and Regulations. terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACIOR's . tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion). incorporate in the Work all materi- als and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contract Price exceeds all claims. costs losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims. costs. losses and dam- ages exceed such unpaid balance. CONTRAL IUR shall pay the difference to OWNER. Such claims costs. losses and damages incurred by OWNER will be reviewed by ENGI- NEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order. provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRAC_ IUR s services have been so ter- minated by OWNER the termination will not affect any rights or remedies of OWNER against CONTRAC IUR thcn existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days written notice to CONTRAC IUR and ENGINEER, OWNER may. without cause and without prejudice to any other right or remedy of OWNER elect to terminate thc Agreement. In such case, CONTRACTOR shall bc paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with thc Contract Documents prior to the effec- tive date of termination. including fair and reasonable sums for overhead anti profit on such Work: 15.4.2. for expenses sustained prior to thc effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Docu- ments in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses: 15.4.3. for all claims. costs. losses and damages incuricd in settlement of terminated contracts with Subcontractors Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on arczytnt of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. COWIRAC7OR May Stop Work or Terminate: 15.5. If. through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public author- ity, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' wntten noticc to OWNER and ENGINEER. and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agree- ment and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other nght or remedy. if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day s written notice to OWNER and ENGI- NEER stop the Work until payment of all such amounts due CONTRACTOR. including interest thereon. The provisions of this paragraph 15 5 are not intended to preclude CON- TRAL IUR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR's stopping Work as permitted by this paragraph ARTICLE I6—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRAC IUR have agreed on thc method and procedure for resolving disputes between them that may arise under this Agreement. such dispute resolution method and procedure. if any. shall bc as set forth in Exhibit GC A. "Dispute Resolution Agreement." to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached. and subject to the provisions of paragraphs 9.10. 9.11. and 9.12. OWNER and CONTRACTOR may exercise al such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in rcspcct of any dispute. ARTICLE 17—MISCELLANEOUS Gs rug Notice: `. I. Whenever any provision of the Contract Documents ncc.:,ires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail. postage prepaid, to the last business address known to the giver of the notice. Computation of Times: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Noon of Chem: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error omission or act of the other pang or of any of the other parry s employees or agents or others for whose acts the other parry is legally liable. claim will be made in writing to the Qther party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute -af limitations or repose. Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto. and in particular but without limitation. the warranties. guarantees and obligations imposed upon CON- TRACTOR by paragraphs 6.12. 6.16. 6.30, 6.31. 6.32. 13 I, 13.12, 13.14, 14.3 and 15.2 and all of the nghts and remedies available to OWNER and ENGINEER thereunder. are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents. and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty. obligation. right and remedy to which they apply. Professional Fees and Court Costs Included: 17.5. Whenever reference is made to "claims. costs losses and damages," it shall include in each case but not be limited to. all fees and charges of engineers. architects. attorneys and other professionals and all court or arbitration or other dispute resolution costs. (The remainder of this page was left blank intentionally.) • Section VII Special Conditions • SPECIAL CONDITIONS 1. GENERAL The provisions of this section of specifications shall govern in the event of any conflict between them and the "General Conditions of Agreement". 2. ENGINEER The word "ENGINEER" in these specifications shall be understood as referring to Dunham Engineering, Inc., of College Station, Texas, ENGINEER of the Owner. 3. EXAMINATION OF STYE OF PROJECT Prospective bidders shall make a careful examination of the site of the project, improvements to be projected, disposal sites for surplus materials, and as to method of providing ingress and egress to private properties, and methods of handling traffic during construction of the entire project. 4. QUALIFICATION OF LOW BIDDER Before being awarded a contract, the low bidder shall submit such evidence as the Engineer may require to establish financial responsibility, experience and possession of such equipment as may be needed to prosecute the work in an expeditious, safe and satisfactory manner. Before being awarded the contract, the Contractor must identify the foreman intended to be assigned to the project. Once approved by the Engineer, the foreman may not be removed from the job unless approved in writing by the Engineer. This specifically precludes the foreman supervising more than one jobsite and specifically requires that the foreman be on the jobsite 100% of the tune when work is being performed. If the foreman leaves the jobsite for any reason, work must cease. 5. TIME ALLOWED FOR COMPLETION Time allotted for the completion of all items of work shall be one hundred twenty (120) calendar days total which time shall begin on the tenth (10) day after the issuance of the Work Order. The Work Order shall consist of a written request by the Engineer for the Contractor to proceed with the construction of the project. The Contractor may work Monday through Saturday 6:00 a.m. to 8:00 p.m. SC 1 6. LIQUIDATED DAMAGES FOR DELAY The Contractor agrees that time is the essence of this contract, and that for each day of delay beyond the number of calendar days herein agreed upon for the completion of the work herein specified and contracted for (after due allowance for such extension of time as is provided for in the General Conditions of Agreement) the Owner may withhold, permanently, from the Contractor's total compensation, the sum of Two Hundred Fifty ($250.00) Dollars per day as liquidated damages for such delay. 7. ADDENDA Bidders desiring further information, or interpretation of the plans or specifications must make request for such information to the Engineer, prior to seven (7) days before the bid opening. Answers to all such requests will be given in writing to all bidders, in addendum form, and all addenda will be bound with, and made a part of, the Contract Documents. No other explanation or interpretation will be considered official or binding Should a bidder find discrepancies in, or omission from, the plans, specifications, or other contract documents, or should he be in doubt as to their meaning, he should at once notify the Engineer m order that a written addendum may be sent to all bidders. Any addenda issued prior to five (5) days of the opening of bids will be mailed or delivered to each Contractor contemplating the submission of a proposal on this work. The proposal as submitted by the Contractor will be so constructed as to include any addenda, if such are issued by the Engineer prior to five (5) days of the opening of bids. 8. REFERENCE SPECINCATIONS Where reference is made in these specifications to specifications compiled by other agencies, organizations or departments, such reference is made for expediency and standardization from the material supplier's point of view, and such specifications referred to is hereby made a part of these specifications. Whenever reference is made to the furnishing of materials for testing thereof to conform to the standards of any technical society, organization, or body, it shall be construed to mean the latest standard, code, specification or tentative specification adopted and published at the time of advertisement for bids, even though reference has been made to an earlier standard, and such standards are made a part hereof to the extent which is mdicated or intended. 9. PROJECT MAINTENANCE The Contractor shall maintain and keep in good repair the improvements covered by these plans and specifications during the life of the contract. Existing improvements at the project location shall at all times be protected by the Contractor during the construction specified herein. All such improvements shall be left in a condition equal to that prior to the start of construction. 10. FENCES, DRAINAGE CHANNELS AND SURPLUS EXCAVATION Boundary fences or other improvements removed to permit this construction shall be replaced in the same location and left in a condition as good or better than that in which they were found. 11. DISPOSAL OF WASTE The Contractor must properly dispose of all abrasive blasting debris off site. The Contractor is responsible for all fees associated with testing and disposal of all wastes. All sand bags and empty paint containers shall be removed form the job site and disposed of in a satisfactory manner. This specifically prohibits burning of sandbags or other material on site. 12. WATER FOR CONSTRUCTION Water used in this project for disinfection, testing and refilling of the tank will be furnished by the Owner at no cost to the Contractor. The Contractor shall consult with the Owner regarding the need for water and shall take water in a manner and at such times that it will not produce a harmful drain or decrease of pressure m the System's water supply. Should any tank fail the bacteriological test, the tank would need to be drained and later refilled after a second chlorination. The water for a second or subsequent filling will be at the Contractor's expense. 13. CLEANUP 1. During Construction - The Contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site, when it becomes objectionable, in the opinion of the Engineer. 2. Final - Upon completion of the work the Contractor shall remove from the site, all plant, materials, tolls and equipment belonging to him, and leave the site with an appearance acceptable to the Engineer. 14. GUARANTY AGAINST DEFECTIVE WORK The Contractor shall indemnify the Owner against any repairs which may become necessary to any part of the work performed under the contract, arising from defective workmanship or materials used therein, for a penod of one (1) year from the date of final acceptance of the work. 15. LIGI-ITS AND POWER The Contractor shall provide temporary lighting and facilities required for the proper prosecution and inspection of the work. Electrical power must be provided by Contractor. All air compressors and painting equipment shall be engine driven. 16. COPIES OF PLANS AND SPECirICATIONS FURNISHED Three (3) sets of the Plans and Specifications shall be furnished without charge to the Contractor for construction purposes. Additional copies may be obtained from the Engineer at actual reproduction cost. 17. COMPENSATION, PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE Each and every Contractor performing work at the site will not commence work until he has secured all the required insurance. This also applies to all sub -contractors who will be working on the site. 18. PORTABLE TOILET FACILITIES The Contractor shall provide portable toilet facilities at the work site when workers are present. 19. TEMPORARY LIVING FACILITIES The Contractor may not establish temporary living facilities on the project site. 20. PARTIAL PAYMENTS In accordance with the General Conditions (Application for Progress Payment), the end of the month is established as the progress payment date and the amount of retainage will be ten percent (1O%). Contractors that submit requests for progress payments prior to the end of the month will receive payment less (10%) retainage for that month's progress by the end of the following month. All retainage will be paid on the final payment. Contractor's affidavit of bills paid must be submitted with request for final payment SC-4 TECHNICAL SPECIFICATIONS SPECIAL PROVISION TO THE TECHNICAL SPECWICATIONS (SP-1) 1. SCOPE OF CONTRACT The City of Pearland, Texas has a 500,000 gallon elevated water storage tank that is to be rehabilitated and repainted under the terms of this contract. General information on the tank is provided at the end of this document in the Engineer's Report of Inspection dated May 26, 2005 Generally, the interior and exterior protective coatings will be replaced and miscellaneous structural steel repairs will be made. The specific repairs and repamting required are outlined in the following para. 2. WORK TO BE ACCOMPLISHED. The structure is located within 500' of a public area and shrouding is required during the exterior abrasive blasting operations in order to prevent a nuisance from dust emissions. A Class 3A containment system in accordance with SSPC Guide 6 (CON) is required. The exterior coating contains less than 3,000 ppm lead and no lead abatement is required. See laboratory results at end of this document in the Report or Inspection. It shall be the responsibility of the bidders to carefully inspect the site and all pertinent parts and devices on the tank to ascertain the quantity of surface preparation, necessary repairs, and painting required to clean the tank properly, paint, repair, and place it back into operation in accordance with these contract specifications. The information on the tank provided m the Engineer's Report of Inspection is general in nature and should not be relied upon to determine bid quantities or other bidding factors. The Contractor shall use the materials specified, or materials of another manufacturer that are deemed equal in the opinion of the Engineer to the materials specified. All intenor paint will conform to Standard 61 of the National Sanitation Foundation (NSF) and will be on the NSF approved list of inside finish materials. In the event the Contractor desires to substitute the products of another manufacturer, he shall apply to the Engineer in writing at least seven days prior to the bid date requesting substitution, and shall furnish with his request complete descriptive materials on the products along with NSF Certification plus full manufacturers recommendations of surface preparation and application. All references below to SSPC - SP -1, 6, & 10 refer to surface preparation and cleaning of steel surfaces as defined in Volume 2 of the Steel Structures Painting Council. 2. WORK TO BE ACCOMPLISHED - 500,000 gallons elevated tank: a. Interior Area Surface Preparation & Coating: (1) abrasive blast clean all areas below HWL in bowl and riser pipe to SSPC-SP-6 commercial blast standard. (2) remove all blast debris from tank and inspect the interior surface area for pits and soluble salt contamination. (3) repair deep pits by welding & shallow pits with 100% solids epoxy paste. (4a.) if soluble salt content is above 100 ppm, pressure wash per SSPC-SP-1 all blast cleaned areas to reduce soluble salt content to less than 100 ppm. This washing will be paid as Additive Bid Item #1. (4b.) when soluble salt content is below 100 ppm, install dessicant dehumidification equipment and abrasive blast clean all interior surfaces including areas above HWL to near -white standard per SSPC-SP-10. Dehumidification equipment must remain operational from time the near -white blast commences and remain operational 24 hours per day until the final coat of paint is applied. The unit must control the environment to keep the air inside tank and nser at less than 50% relative humidity at all times. Minimum dessicant dehumidification equipment required is an HC-4500 GA with 20 KW generator as supplied by DH Technologies or equal. The unit must be equipped with an hour meter to monitor the time the unit is operational. (5) apply NSF approved three coat system of zinc rich primer top coated with two coats of polyamide epoxy to entire interior surface areas. Approved products - Prime coat Tnemec Hydro -Zinc 2000 applied @ 2.5 - 3.5 mils DFT. Intermediate and top coat Tnemec Series 20 applied Q 5 mils DFT each coat Minimum thickness required is 12 mils. (6) Chlorinate tank per AWWA C652 Methods detailed in TS 10 DISINFECTION. Owner will refill tank and perform bacteriological testing. Job is not complete until tank passes bacteriological testing as required by Health Dept If tank fails bacteriological test, the CONTRACTOR must re -disinfect and the OWNER will charge the CONTRACTOR for the additional water used and testing fees. b. Exterior Area Surface Preparation & Coating: (1) abrasive blast clean the entire exterior surface area to SSPC-SP-6 commercial blast standard All blast cleaning must be performed under complete shrouding to prevent nuisance from dust (2) apply four coat epoxy/urethane system: Prime coat Tneme-Zinc 90-97 applied @ 3.0 mils DFT. Second Coat Tnemec Series 20 or 66 polyamide epoxy applied @ 4.0 mils DFT. Third coat Tnemec Endura-Shield Series 74 polyurethane applied @ 2.0 mils DFT. Fourth coat Tnemec Endura-Clear Series 76 polyurethane applied @ 1.0 mils DFT. Total system thickness must be 10.0 mils DFT minimum. Each succeeding coat of paint will vary from the preceding in color so as to be able to verify coverage. Color of third coat of paint will be determined by Owner after Contractor submits color choices chart. c. Repair items of work: (1) Install new 24" diameter manway in base of riser pipe. See Detail in Drawings Section. Install in place of existing 18" diameter manway. Install new gasket in existing 18" x 24" riser manway. (2) Install one anchor nut on foundation anchor bolt that is missing a nut. (3) Install 24" diameter top vent on roof in place of existing 20" diameter vent. See Detail in Drawings Section. (4) Install new gasket and new galvanized coated bolts and nuts in 24" diameter manway on bowl at balcony level. (5) Remove existing bar style safety climb devices from all ladders prior to blast cleaning and install new stamless steel cable style safety climb devices on all ladders after painting is complete. Devices to be DBI/SALA or equal. Each ladder must have its own cable grab. (6) Remove existing stub out overflow pipe on roof near top hatch and weld 8" diameter x1' thick steel plate over hole. (7) Weld approx. 25 sq. in. of deep pit repair in interior of tank as required and directed by Engineer (each pit =1 sq. in ). Provide and install one gallon of 100% solids NSF approved epoxy to repair shallow pits in interior. (8) Remove existing obstruction light fixture, conduit and wiring and install new CROUSE HINDS or equal double obstruction light fixture on roof. Weld 4" x 3" x' " structural steel angle x 12" tall on roof of tank for light bracket. Run new aluminum rigid conduit and wires from electrical box in control room to fixture. Install conduit on ladder lugs with conduit clips at least 3" from ladder rails. See Detail in Drawings. (9) Paint 20' diameter logo on two sides of bowl above balcony handrails. Logo is to be painted on after color coat of urethane and before clear coat of urethane. See Detail of Logo m Drawings Section. (10) Install Class 3A containment system per SSPC Guide 6 (CON). See Table A in Drawings Section. System must use flexible support, air penetrable shroud material, fully sealed joints, overlapped entryway and natural air flow. Shroud support clips and all welded attachments must be removed from structure when containment is removed. NOTE• Tank has no rafters but interior vertical seams m ceiling have been welded. Adequate outriggers to support shroud and transfer load to legs must be used to prevent damage to roof when shroud is raised. Submit shop drawmg to Engineer for approval. 3. CLEANING INSIDE OF TANK The tank will be drained, however, the Contractor shall be responsible for cleaning any accumulated sand and silt prior to start of work. Less than 1/4' of sediment was covering floor during inspection in October 2004. All material used in the blasting operations, sediment in the tank, rust, paint and scale accumulated from the cleaning operations and all other material in the tank, shall be removed from the tank by the Contractor and properly disposed of. 4. REPAIR OF INTERIOR SEAMS OR PITS After the commercial blast of the tank's interior, the Engineer will inspect the steel surface to determine the repair procedure. The repairs may be made by using epoxy paste or by weldmg as directed by the Engineer. Those pits deeper than 1/8" will be repaired by weldmg. Pits less than 1/8" deep will be repaired with epoxy paste. 5. INTERIOR SURFACES PAINT SYSTEM The work covered by this section of the specification includes painting the entire inside surface area of the tank. The Contractor shall furnish all materials required for the painting and shall install them in accordance with the manufacturer's written directions and these specifications a. Three Coat Epoxy System Surface Preparation: See also Para. 2. The surface of the steel will be abrasively cleaned to remove all old paint and any surface contaminants plus to provide a suitable anchor profile. The riser pipe and the bowl up to the HWL will be abrasive blast cleaned to SSPC-SP-6 Commercial Blast Standard. After all of the abrasive is removed from the interior, the Engineer will inspect the surface of the steel for pitting damage and soluble salt contamination. All pits will be repaired as specified in para. 4. above. Soluble salts will be checked with commercially available test kits in at least four spots If any of the tests indicate levels of salt above 100 ppm, the remainder of the steel below the high water line will be blasted to SSPC -SP-6 commercial standard and pressure washed per SSPC -SP-1 to remove the salt or reduce it to levels below 100 ppm. This washing will be paid for as Additive Bid Item #1. If salt levels are below 100 ppm, install the specified dehumidification equipment and abrasive clean the entire interior surfaces including all areas above the high water line to near -white SSPC - SP-10 standard. The DH equipment must remam operational at least 5 full days at 24 hours per day after the finish coat has been applied. The anchor profile of the steel surface should be a minimum of 1.5 mils as determined by Test -Tex film strips. b. Three Coat Epoxy System The interior paint system shall be applied in a minimum of three (3) coats. The thickness of the prime coat will be a minimum of 2.5 - 3.5 mils and the intermediate and top coats will be 5 mils each for a total system thickness of not less than twelve (12) mils DFT. The lining shall be placed in accordance with the specifications of the manufacturer and the total finish shall be in accordance with the manufacturer's written directions except the total thickness shall be as herein specified. c. General Provisions for Interior Paint Systems All sharp edges, weld seams, and other items difficult to coat shall receive a brush applied coat of the intermediate coating (mix of 50% paint, 50% thinner) liberally worked in after the prime coat and prior to the finish coat of paint. During and after final application of each coating, all metal surfaces shall be checked with appropriate wet and dry mil gauges to insure that the required thickness of coating is being obtained. The Contractor shall provide a set of standards with the gauge so that accuracy can be checked. After the paint thickness meets these specifications and has cured for at least five days, the Contractor shall test the inside surface for holidays with a low voltage wet sponge detector. Holidays shall be marked and reworked until no further holidays appear. After all holiday checking is complete, the point of ground connection shall be carefully coated. Each coat shall be sprayed on in accordance with the manufacturer's recommendations. Rollmg interior paint is not permitted. The type of spray nozzle, the fluid pressure at the gun, the distance from the gun to the surface being painted and the speed of travel of the gun shall be as recommended by the manufacturer. Thinning shall be done as recommended. All paint in the fluid pot and lines shall be cleaned out with thinner before application of the paint is begun. The thinner may be used also for cleaning the painting equipment at the end of each day's operations Each coat shall be dry to touch before the next coat is applied. Follow the manufacturer's directions implicitly. The Contractor is cautioned that small amounts of paint are intoxicating and large amounts tend to be toxic. The Contractor shall make provisions to keep the tank well ventilated during the spraying and drying operation to protect the personnel and to facilitate drying of the coating by solvent evaporation. During the actual spraying operations, all personnel within the tank shall be furnished with either a gas mask or source of external air such as a compressed air line to a sandblasting head mask. At least two (2) men shall be in the tank during spraying operations 6. EXTERIOR SURFACES PAINT SYSTEM The work covered by this section of the specifications includes painting the entire outside surface area of the tank. It also includes painting any steel outside the tank such as vents, manways, ladders, exterior piping, and all other items outside the tank. The Contractor shall furnish all materials required for the painting and shall install them in accordance with the manufacturer's written direction and these specifications. a. Exterior Surface Preparation: The entire exterior surface of the structure will be abrasive cleaned to SSPC-SP-6 commercial blast standard to remove all of the existing paint system. The blasting must be done inside the shroud to prevent a nuisance to the surrounding area. b. Four Coat Zinc Rich Primer/Epoxy/Urethane System: The exterior paint system shall be applied in a minimum of four (4) coats. The thickness of the prime coat shall be a minimum of three (3) mils DFT, the second coat a minimum thickness of four (4) mils DFT, the third coat a minimum thickness of two (2) mils and the fourth coat thickness a minimum of one (1) mil DFT. Total system DFT will be a minimum of ten (10) mils DFT. Each coat shall be sprayed or rolled on in accordance with the manufacturer's recommendations The type of spray nozzle, the fluid pressure at the gun, the distance from the gun to the surface being painted and the speed of travel of the gun shall be as recommended by the manufacturer. Thinning shall be done as recommended. All paint in the fluid pot and lines shall be cleaned out with thinner before application of the paint is begun. The thinner may be used also for cleaning the painting equipment at the end of each day's operations Each coat shall be dry to touch before the next coat is applied. Follow the manufacturer's directions implicitly. c. General Provisions for Exterior Paint Systems All sharp edges, weld seams, nuts, bolts and other items difficult to coat shall receive a brush applied coat of the specified epoxy coating (mix of 50% paint, 50% thinner) liberally worked in after prime coating and prior to the third coat of paint. During and after final application of each coating, all metal surfaces shall be checked with appropriate wet and dry mil gauges to insure that the required thickness of coating is being obtained. The Contractor shall provide a set of standards with the gauge so that accuracy can be checked. Each coat shall be dry to touch before the next coat is applied. Follow the manufacturer's directions implicitly. 7. DISINFECTING THE TANK The disinfection is the responsibility of the Contractor. The Contractor shall use Chlorination Methods as specified in TS 10 DISINFECTION. The Owner will fill the tank and test the water If the sample fails, the Contractor will disinfect the tank again and the Owner will charge the Contractor for the additional water and testing fees. 8. GUARANTEE AND CLEANUP The Contractor shall guarantee to the Owner for a period of one (1) year the tank and appurtenances from the date of final inspection and acceptance to the extent that he will repair any defects which may appear m the structure due to faulty painting or structural repairs. In addition, it shall be the responsibility of the Contractor to meet with the Engineer and inspect the tank eleven and one-half (111/2) months from the date of the final acceptance to determine whether the tank is still in a serviceable condition and then correct all deficiencies under the warranty. Upon completion of all work, the Contractor shall remove all surface materials and rubbish and dispose of in accordance with directions of the Engmeer. He shall repair all damage caused by his workers and shall leave the premise in a clean and orderly condition. 9.0 INSPECTION The work will be inspected by the Engineer's representative on a "hold -point" basis. No work may progress beyond the designated "hold -point" until the work has been approved. The following activities are designated inspection "hold -points": • all repair items requiring welding must be complete before any paint is applied • surface preparation of steel including removal of contaminants, welding of pits and cleaning of surface to the degree specified must be complete before the prime coat of paint is applied • the prime coat of paint must be complete before the intermediate coat (exterior) or stripe coat (interior)is applied • the stripe coat of paint on the interior area must be complete before the intermediate coat is applied • the intermediate coat of paint must be complete before the finish coat can be applied • the holiday test of the interior area must be complete before the rigging can be removed from the interior • the finish coat of paint on the exterior area must be complete before the clear coat can be applied The Contractor must provide a minimum of 24 hours notice to the Engineer's representative when a hold -point inspection is required. TECHNICAL SPECIFICATION NO. 2 COMMERCIAL BLAST CLEANING 2.01 SCOPE This specification covers the procedure required for the commercial blast cleaning of structural steel surfaces prior to painting or coating 2.02 DEFINITION Commercial blast cleaning is a method of preparing metal surfaces for painting or coating by removing mill scale, rust -scale, paint, or foreign matter to the degree hereafter specified, by the use of abrasives propelled through nozzles or by centrifugal wheels. A commercial blast cleaned surface finish is defined as one from which all oil, grease, dirt, rust -scale and foreign matter are removed completely from the surface and all rust, mill scale, and old paint have been completely removed except for slight shadows, streaks or discoloration's caused by rust stain, mill scale oxides or slight, tight residues of paint or coating that may remain; if the surface is pitted, slight residues of rust or paint, may be found in the bottom of pits• at least two-thirds of each square inch of surface area shall be free of all visible residues and the remainder shall be limited to the light discoloration, slight staining or tight residues mentioned above. Photographic or other visual standards of surface preparation may be used to modify or further define the surface if specified in the contract. 2.03 PROCEDURES Commercial blast cleaning shall consist of the following sequence of operations: a. Heavy deposits of oil or grease shall be removed by the methods outlined in Specification SSPC-SP 1-63, "Solvent Cleaning". Small quantities of oil or grease may be removed by the blast cleaning operation. If oil and grease are removed by blast cleaning, the abrasive shall not be reused if such reuse is detrimental to the surface. b. Excessive rust -scale may be removed by impact tools, as outlined in Specification SSPC-SP 2-63, "Hand Tool Cleaning", or SSPC-SP 2-63, "Power Tool Cleaning", or by special blasting equipment. c. The surface of the metal shall be blast cleaned to a commercial finish by any of the following methods: TS2-1 1. Dry abrasive blasting using compressed air blast nozzles and dry blast media of a maximum particle size no larger than that passing through a 16 mesh screen, U. S. sieve series. 2. Wet or water vapor abrasive blasting using compressed air blast nozzles, water and blast media of a maximum particle size no larger than that passing through a 16 mesh screen, U. S. sieve series. 3. Grit blasting using compressed air blast nozzles and crushed grit made of cast iron, malleable iron, steel, or synthetic grits other than sand, of a maximum particle size no larger than that passing through a 16 mesh screen, U. S. sieve series. The largest commercial grade of metal grit permitted by this specification is SAE No. G-25 abrasive material. 4. Shot blasting using compressed air nozzles and cast iron, steel, or synthetic grits shot of a maximum size no larger than that passing through a 16 mesh screen, U. S. sieve series. The largest commercial grade of metal grit permitted by this specification is SAE No. S-330. 5. Closed, recirculating nozzle blasting using compressed air, vacuum, and any of the preceding abrasive. 6. Grit blasting using centrifugal wheels and crushed grit made of cast iron, malleable iron, steel, or synthetic grits other than sand, of a maximum particle size no larger than that passing through a 16 mesh screen, U. S. sieve series. The largest commercial grade of metal grit permitted by this specification is SAE No. G-25. 7. Shot blasting using centrifugal wheels and cast iron, steel, or synthetic grits shot of a maximum size no larger than that passing through a 16 mesh screen, U. S. sieve series. The largest commercial grade of metal grit permitted by this specification is SAE No. S-330. The surface, if wet sandblasted, shall be cleaned by rinsing with fresh water to which sufficient corrosion inhibitor has been added to prevent rusting, or with fresh water followed immediately by an inhibitive treatment. This cleaning shall be supplemented by brushing, if necessary, to remove any residue. The compressed air used for nozzle blasting shall be free of detrimental amounts of condensed water or oil. Adequate separators and traps shall be provided. Blast cleaning operations shall be done in such manner that no damage is done to partially or entirely completed portions of the work. Dry blast cleaning operations shall not be conducted on surfaces that will be wet after blasting and before painting, or when ambient conditions are such that any visible rusting occurs before painting or coating. If any rust forms after blast cleaning, the surface shall be reblast cleaned before painting The blast cleaned surface shall be examined for any traces of oil, grease, or smudges. If present, they shall be removed as outlined in Specification SSPC-SP 1-63, "Solvent Cleaning' . The height of profile of the anchor pattern produced on the surface shall be limited to a maximum height that will not be detrimental to the life of the paint film. The maximum particle sizes specified in paragraphs 1 to 7 may produce an anchor pattern that is too high or too rough for the paint system to be used. In such cases the abrasive sizes should be reduced. If the application of the second coat of paint is deferred, an adequate reduction in anchor pattern depth shall be made. The blast cleaned surface should be further treated or primed, as specified in the agreement covering the work, preferable within 24 hours after blast cleaning when practicable, but in any event before any visible or detrimental rusting occurs. Where chemical contamination of the surface may occur, the steel should be painted as soon as possible after blast cleaning. 2.04 SAFETY PRECAUTIONS If fire or explosion hazards are present, proper precautions shall be taken before any work is done. If the structure previously contained flammable materials, it shall be purged of dangerous concentrations. Nozzle blast operators exposed to blast dust shall wear a U. S. Bureau of Mines approved helmet connected to a source of clean, compressed air. Filter type air respirators should be worn by all others who are exposed to blast dust environment. Adequate protection for personnel from flying particles shall also be provided in any blasting operation. Safety goggles shall be worn by all persons near any blasting operation. Blast hoses shall be grounded to dissipate static charges. TECHNICAL SPECIFICATION NO. 3 NEAR -WHITE BLAST CLEANING 3.01 SCOPE This specification covers the procedure required for the near -white blast cleaning or structural steel surfaces prior to painting or coating 3.02 DEFINITION Near -white blast cleaning is a method of preparing metal surfaces for painting or coating by removing mill scale, rust -scale, paint, or foreign matter to the degree hereafter specified, by use of abrasives propelled through nozzles or by centrifugal wheels. A near -white blast cleaned surface finish is defined as one from which all oil, grease, dirt, rust -scale and foreign matter are removed completely from the surface and all rust, mill scale, and old paint have been completely removed except for very light shadows, very slight streaks, or slight discoloration caused by rust stain, mill scale oxides or slight, tight residues of paint or coating that may remain; if the surface is pitted, slight residues of rust or paint, may be found in the bottom of pits; at least 95 percent of each square inch or surface area shall be free of all visible residues and the remainder shall be limited to the light discoloration, slight staining or tight residues mentioned above. Photographic or other visual standards of surface preparation may be used to modify or further define the surface if specified in the contract. The overall blast cleaning effort expended (nozzle time) shall be not less than (2/3) of that required to produce a White -Metal Surface Finish on the same surface; nor should it be more than 95 percent of such effort required. This limitation shall not be construed as a waiver of any of the above requirements 3.03 PROCEDURES Near -White blast cleaning shall consist of the following sequence of operations: a. Heavy deposits of oil or grease shall be removed by the methods outlined in Specification SSPC-SP 1-82, "Solvent Cleaning". Small quantities of oil or grease maybe removed by the blast cleaning operation. If oil or grease are removed by blast cleaning, the abrasive shall not be reused if such reuse is detrimental to the surface. b. Excessive rust -scale may be removed by impact tools, as outlined in Specification SSPC-SP 2-82, "Hand Tool Cleaning', or SSPC-SP 3-82, "Power Tool Cleaning', or by special blasting equipment. c. The surface of the metal shall be blast cleaned to a near -white finish by any of the following methods: 1. Dry sandblasting using compressed air blast nozzles and dry sand of a maximum particle size no larger than that passing through a 16 mesh screen, U. S. Sieve series. 2. Wet or water vapor sandblasting using compressed air blast nozzles, water and sand of a maximum particle size no larger than that passing through a 16 mesh screen, U. S. sieve series. 3. Grit blasting using compressed air blast nozzles and crushed grit made of cast iron, malleable iron, steel, or synthetic grits other than sand, of a maximum particle size no larger than that passing through a 16 mesh screen, U. S. sieve series. The largest commercial grade of metal grit permitted by this specification is SAE No. G-25 abrasive material. 4. Shot blasting using compressed air nozzles and cast iron, malleable iron, steel, or synthetic shot of a maximum size no larger than that passing through a 16 mesh screen, U. S. sieve series. The largest commercial grade of metal grit permitted by this specification is SAE No. S-330. 5. Closed, recirculating nozzle blasting using compressed air, vacuum, and any of the preceding abrasives. 6. Grit blasting using centrifugal wheels and crushed grit made of cast iron, malleable iron, steel, or synthetic grits other than sand, of a maximum particle size no larger than that passing through a 16 mesh screen, U. S. sieve series. The largest commercial grade of metal grit permitted by this specification is SAE No. G-25. 7. Shot blasting using centrifugal wheels and cast iron, steel, or synthetic grits shot of a maximum size no larger than that passing through a 16 mesh screen, U. S. sieve series. The largest commercial grade of metal grit permitted by this specification is SAE No. S-330. The surface, if dry blasted, shall be brushed with dean brushes made of hair, bristle, or fiber, or blown off with compressed air (From which detrimental oil and water have been removed), or cleaned by vacuum, for the purpose of removing any traces of blast products from the surface, and also for the removal of abrasive from pockets and corners. The surface, if wet sandblasted, shall be cleaned by rinsing with fresh water to which sufficient corrosion inhibitor has been added to prevent rusting, or with fresh water followed immediately by an inhibitive treatment. This cleaning shall be supplemented by brushing, if necessary, to remove any residue. The compressed air used for nozzle blasting shall be free of detrimental amounts of condensed water or oil. Adequate separators and traps shall be provided. Blast cleaning operations shall be done in such manner that no damage is done to partially or entirely completed portions of the work. Dry blast cleaning operations shall not be conducted on surfaces that will be wet after blasting and before painting, or when ambient conditions are such that any visible rusting occurs before painting or coating If any rust forms after blast cleaning, the surface shall be reblast cleaned before painting. The blast cleaned surface shall be examined for any traces of oil, grease, or smudges. If present, they shall be removed as outlined in Specification SSPC-SP 1-82, "Solvent Cleaning". The height of profile of the anchor pattern produces on the surface shall be limited to a maximum height that will not be detrimental to the life of the paint film. The maximum particle sizes specified in paragraphs 1 to 7 may produce an anchor pattern that is too high or too rough for the paint system to be used In such cases the abrasive sizes should be reduced. If the application of the second coat of paint is deferred, an adequate reduction in anchor pattern depth shall be made. The blast cleaned surface should be further treated or primed, as specified in the agreement covering the work, preferably within 24 hours after blast cleaning when practicable, but in any event before any visible or detrimental rusting occurs. Where chemical contamination of the surface may occur, the steel should be painted as soon as possible after blast cleaning. 3.04 SAFETY PRECAUTIONS If fire or explosion hazards are present, proper precautions shall be taken before any work is done. Nozzle blast operators exposed to blast dust shall wear a U. S. Bureau of Mines approved helmet connected to a source of clean, compressed air. Filter type air respirators should be worn by all others who are exposed to blast dust environment. Adequate protection for personnel from flying particles shall also be provided in any blasting operation. Safety goggles shall be worn by all persons near any blasting operation. Blast hoses shall be grounded to dissipate static charges. TS3-3 TECHNICAL SPECIFICATION NO. 5 5.01 SCOPE POWER TOOL CLEANING This specification covers the requirements for the Power Tool Cleaning of steel surfaces prior to painting or coating 5.02 DEFINITION Power Tool Cleaning is a method of preparing metal surfaces for painting or coating by rapidly removing loose mill scale, loose rust, and loose paint with power wire brushes, power impact tools, power grinders, power sanders, or by a combination of these methods. It is not intended that all mill scale, rust, and paint be removed by this process; but loose mill scale, loose rust, loose paint, and other detrimental foreign matter present shall be removed. 5.03 PROCEDURES Power Tool Cleaning shall consist of the following sequence of operations: a. Oil, grease, welding flux residues and salts shall first be removed by the methods outlines in Specification SSPC-SP 1.82. "Solvent Cleaning". Other detrimental foreign matter shall be removed by the following operations. b. Stratified rust (rust scale) shall be removed by power impact tools. If minor quantities of stratified rust are present, they may be removed as outlined in Specification SSPC-SP 2-82, "Hand Tool Cleaning". c. All loose mill scale and all loose or non -adherent rust and all loose paint, as defined later, shall be removed by one or more of the following methods; but large areas of tight, well adhered paint, even though they may be removable, shall be removed only if specified. The methods for such removal are: 1. Power wire brushing using a rotary radial or cup brushes of suitable size, entering all accessible openings, angles, joints, and corners. The steel wire of such brushes shall have sufficient rigidity to clean the surface. Brushes shall be kept free of excess foreign matter, and shall be discarded when they are no longer effective. The surface shall be cleaned but not burnished to a detrimental degree. TS5-1 2. Power impact tool cleaning using power driven needle guns, chipping or scaling hammers, rotary scalars, single or multiple piston scalars, or other similar impact cleaning tools. Cutting edges of such tools shall be kept in effective condition. 3. Power grinding using abrasive wheels or power sanding using abrasive materials. Sanding or abrasive materials shall be discarded when they become ineffective. Mill scale, rust and paint are classified as "loose mill scale", "loose and non -adherent rust", and "loose" or "removable paint" if they can be removed from a steel surface by power wire brushing using a commercial air or electric wire brushing machine operated at a speed under load of 3450 RPM and equipped with a 6-inch diameter cup brush, of double row knotted construction, made of No 20 gauge music wire (Osburn Manufacturing Company, Cleveland, Ohio, Brush No. 4503 or equal). The brush shall be held against the steel surface with a force of sixteen pounds, and the rate of cleaning shall be two square feet of surface per minute. Tlus test must be conducted on an area not previously brushed, scraped, or sanded, but from which all detrimental stratified rust (rust -scale), oil and grease, if present, have been removed. This test establishes a standard for surface preparation and SHALL NOT BE CONSIDERED AS ESTABT .TSHING THE PRODUCTION RATE OF CLEANING. Alternatively, photographic or other visual standards of surface preparation as described in the Appendix, may be used if specified and agreed upon in the contract. Regardless of the method used for cleaning under this specification, the surface shall be cleaned at least as well as the surface resulting from the test specified above or to match the alternatively specified visual standard. In preparing surfaces for repainting, all loose paint shall be removed. Thick edges of remaining old paint shall be feathered so that the repainted surface can have a smooth appearance. The remaining old paint shall have sufficient adhesion that it cannot be lifted as a layer by inserting the blade of a dull putty knife under it. All accessible weld flux and splatter shall be removed by blast leaning or by power tool. Any remaining detrimental weld flux deposits shall be removed by blast deaning, thorough power tool cleaning, or by washing with water or with phosphate solution. The accessible portion of all partially enclosed steel members shall be cleaned. On new work areas, which will be inaccessible after assembly shall be cleaned before assembly. Rivet heads, cracks, crevices, lap joints, fillet welds, and re-entrant angles shall be cleaned by the use of power wire brushed, needle guns, sharp chisels used in chipping, scaling hammers, rotary grinders, or sanders, or by a combination of such tools. TS5-2 All tools shall be operated in such manner that no burrs or sharp ridges are left on the surface and no sharp cuts are made into the steel. • Areas inaccessible for cleaning any power tools but accessible for hand cleaning shall be cleaned by methods outlined in Specification SSPC-SP 2.82, "Hand Tool Cleaning". The pretreatment (if any), or the prime coat of paint shall be applied as soon as possible after cleaning and before further deterioration of the surface occurs. 5.04 SAFETY PRECAUTIONS If fire or explosion hazards are present, proper precautions shall be taken before any work is done. Filter type air respirators should be worn by all operators who are exposed to dust environment. Safety goggles shall be worn by all persons near any blasting operation. TECHNICAL SPECIFICATION NO. 10 DISINFECTION OF TANK 10.01 GENERAL After construction or repairs have been completed, the tank shall be disinfected before it is placed or replaced in service. Any of the three alternatives given in this standard (Sec. 10.03) shall be followed, as approved by the Owner Prior to sterilization, the Contractor shall insure that all foreign material is removed from the tank, to include flushing the filler pipe. 10.02 INFORMATION TO BE SUPPLIED BY OWNER In the specifications, the Owner approves disinfecton using the following details: a. Disinfection procedure 1 or 2 to be followed b. The Contractor shall be responsible for performing the disinfection. Owner will supply water at no cost to the Contractor. c. The Contractor will be responsible for securing the check test samples which the Owner will deliver to the County Health Laboratory for testing. d. The tank does not receive final clearance of completion until the test samples have been declared satisfactory. Should the samples fail, the tank will be drained, rechlorinated, filled and retested until the samples are 0atisfactory. All materials including water used for retest will be at Contractor's expense. 10.03 DISINFECTION PROCEDURES a. Procedure 1 Direct Application of Strong Chlorine Solution to Inner Surfaces. 1. Chlorine solution - Dissolve one ounce 65% calcium hypochlorite (I-HTII or Pe -chloron) as a paste in each 24 gallons of clean water, or add 4 fluid ounces of 5% liquid bleach to each 8 gallons of clean water or add 4 fluid ounces of 14% liquid bleach to each 24 gallons of clean water. Each of these solutions has an approx. 200 mg/l concentration of available chlorine Dosages may be decreased for an extremely clean tank or where high residual concentrations, after filling, are undesirable. '1S10-I ?. Application - Spray the chlorine solution over the inner surface of the cleaned, empty structure using spraying equipment, or whitewash brushes. 3. Contact period - The chlorine solution should remain on the surface for AT LEAST 45 minutes. After that, the structure may be filled with potable water and allowed to set 18 hours. 4. Testing - After the contact and 18 hour setting period, a sample will be drawn, tested and upon reading of zero coliform will be turned back into service. b. Procedure 2 - Adding Disinfectant to Water as Structure is Filled 1. Chlorine solution - Dissolve 1/2 lb. 70% calcium hypochlorite (HTH or Perchloron) as a paste in each 1,000 gallons of clean water needed to fill the structure to five percent of the total volume; or add 1 fluid ounce of 5% liquid bleach to each 8 gallons of clean water; or add 1 fluid ounces of 14% liquid bleach to each 24 gallons of clean water. This gives a concentration of approx 50 mg/1 available chlorine in the five percent of volume. For greatest effectiveness, add paste in batches as structure is being filled. 2. Contact period - Allow the chlorinated water to remain in the structure not less than 6 hours, add water to completely fill the tank and hold for 24 hours. 3. Test as in item a.4 above. c. Procedure 3 - Adding disinfectant with a Portable Chlorinator as Water Enters the Structure. 1. Chlorine solution - Use chlorine solution sufficient to produce a concentration of 50 mg/1 (see Procedure 2), available chlorine If the flow rate of water is unknown and the dose cannot be computed, add chlorine solution until a water sample shows a dark red or brown color when a DPD chlorine residual test is run. Add to five percent as above in item 2. 2_ Contact period - Allow chlorinated water to remain in the structure not less than 6 hours. Fill the tank as above and hold for 24 hours. 3. Test as in item a.4 above. 10.04 RECORD OF COMPLIANCE ;i. The record of compliance shall be the bacteriological test certifying that the \v ate - held in the tank is free of coliform bacteria contamination. TECHNICAL SPECIFICATION NO. 20 PAINTS AND PAINTING - EPDXY/URETHANE SYSTEMS 20.01 GENERAL 1. The objectives of these specifications are: a. To govern selection of coating materials of established quality and performance to provide optimum corrosion protection to the surfaces to be coated. b. To set standards of workmanship and application necessary to produce a first class job. c. To provide the Contractor with appropriate product information or references thereto necessary to obtain required quality application. Contractor shall be responsible for preparation of surfaces, application, protection and drying of paint coatings, and for supplying the appropriate tools, tackle, scaffolding, labor, and materials necessary to complete the painting work. 2. All painting shall be done strictly in accordance with the paint manufacturer's instructions and shall be performed in a manner satisfactory to the Engineer. Painting shall be done at such times as the Engineer and the Contractor may agree upon in order that clean, dust -free and neat work may be obtained. 3. Contractor is responsible for obtaining all necessary product data from the paint manufacturer and/or its representative prior to start of painting. 4. Quality of paints and coatings" The paints and paint products of Tnemec Company, Inc , Kansas City, Missouri are the standard paint. The usual "or equal" clause shall apply. No request for approval of an additional manufacturer will be considered which will decrease the film thickness designated and/or the number of coats to be applied or which offers a change from generic type of coating specified or its quality. Request for additional manufacturer shall contain, in writing, the full name of each product, descriptive literature and data sheets, instructions for use, its generic type and its nonvolatile content by volume. TS20-1 Surfaces to receive paint a All machinery, equipment and metal work, EXCEPT aluminum, bronze, copper, lead and stainless steel. Galvanized surfaces are to be coated only when so designated and proper instructions are given. b. All exposed metal piping. 6. Operational testing of equipment, machinery, and/or piping shall be completed before application of finish painting. 7. Follow requirements of Section 1910.144 Safety Color Code for marking physical hazards as set forth in Standards of OSHA, U. S. Department of Labor. Other colors shall be selected by the Engineer Standard Color Chart 8. Contractor shall furnish to paint manufacturer or its vendor representative a takeoff of areas to be painted showing square footage's to be coated with each designated generic type paint. Based on this data, vendor shall certify that Contractor has purchased sufficient quantities of the specified pamt materials to obtain desired film thickness as required in the painting schedule. 9. All materials and workmanship shall be guaranteed for a period of one year from date of the Owner's Certificate of Acceptance. 20 02 WORKMANSHIP Contractor shall employ only skilled workmen qualified to apply paints and finish coatings. Apply paints, with approved equipment, so as to achieve even film of uniform thickness, avoiding runs, sags, or other blemishes. Allow all coats of paint to dry thoroughly between succeeding coats, as required by the manufacturer. Allow a minimum of twelve (12) hours between successive coats. Apply all paints in strict accordance with the manufacturer's recommendation and instruction. 20.03 PREPARATION OF SURFACES TO BE PAINTED Clean all surfaces to be painted. Before starting mechanical cleaning, remove all oil and grease with mineral spirits or other low toxicity solvents with a flash pomt over 100 degrees Fahrenheit or use detergent, steam jenny or caustic wash and rinse. Clean solvent rags so as not to redistribute oil on the surface Do not leave oily residue on surfaces to be painted. Schedule cleaning and painting so that dust and other contaminants from cleaning operations do not fall on wet, newly painted surfaces. TS20-2 1. Metal: Remove all oil and grease with approved solvents from the metal surface prior to blast cleaning. Grind all rough edges, weld seams and sharp corners to a smooth finish - do not polish surfaces. Clean all metal surfaces to receive paint by sandblasting as described below. The profile of the blasted steel shall be between 25%- 33% in mils of the final dry mil thickness of the paint coating to be applied. This profile may be checked by any means available. a. Steel and iron (immersed or buried): not used for this project b. Steel and iron (non -immersed or exposed): Commercial (or better) blast cleaning as outlined in surface preparation Specification SSPC SP-6 This is a part of this document as Technical Specification No. 2. 2. Blast Cleaning: Provide moisture separators to remove all oil and free moisture from the air supply; nozzles, hoses, compressor and transformer must be free of oil and water. Surface to be painted shall be clean, dry and ready to receive primer or coating. Dry blasted areas must be free of loose sand, dust and dirt by blowing clean with clean air or by vacuuming. Protect machinery and other equipment in vicinity of sandblast work, schedule "clean/paint" operations to avoid settling of dust and grit on newly painted surfaces. Do not blast any more surface than can be coated the same day. Apply paint immediately after blast cleaning. Do not coat any surfaces which show any signs of formation of moisture or oxidation (rust). 20.04 INTERIOR PAINT SYSTEMS The work covered by this section of the specification includes painting the entire interior surface of the tank including all wet areas such as the riser pipe and bowl plus the ceiling, rafters and ladders. The Contractor shall furnish all materials required for the painting and shall apply them in accordance with the manufacturer's instructions and approved by the Engineer. The interior finish will be a three coat epoxy system as set forth in the Special Provisions to the Technical Specifications The thickness of application will be as specified and approved by the Engineer. TS20-3 20.05 EXTERIOR PAINTING The work covered by this section of the specification includes painting the entire outside surface of the tank. It shall include all hatch covers, external ladders and safety devices, and all exposed piping associated with the tank and detailed in the Special Provisions to the Technical Specifications. The Contractor shall furnish all materials required for the painting and shall apply them in accordance with the manufacturer's instructions and approved by the Engineer. The outside finish will be a four coat epoxy/polyurethane system as set forth in the Special Provisions to the Techmcal Specifications. The thickness of application will be as specified and approved by the Engineer. The CONTRACTOR shall take all the necessary precautions to minimize "over spray" or damage to surrounding property. This may include the use of shrouding or not working when the winds are blowing. An alternate means would be rolling or brushing in lieu of spraying, with the approval of the ENGINEER. Should the CONTRACTOR determine that an over spray has occurred, immediate action shall be undertaken to remove the paint before it has time to set. Normally if epoxy and polyurethane are not cleaned m less than 48 hours, the paint will develop a set that will preclude effective removal. Upon starting the work, the CONTRACTOR will provide data as to his method of over spray removal, should an over spray occur. This may be accomplished by either in-house forces or by a commercial cleaning company. 20.06 APPLICATION OF PAINT 1. Delivery - Storage: Deliver paint to job site in the original, sealed and labeled containers of the paint manufacturer. Store paints in one convenient location under cover to prevent harm from exposure to weather and damage from sparks and flames. Labels must remain legible during field storage period. Empty cans must remain on job site until painting application is approved by the Engineer. Protect floors of this area, and other areas where painting is done, with suitable drop cloths; remove dirty rags and wastes from the building at the end of each day Upon completion of painting operations, clean off all paint spots, oil and stains from all surfaces and leave project in perfect condition as far as painting work is concerned. 2. Mixing and Thinning: Use only those thinners and solvents specified in the paint formulation of plaint being used, and mix only m proportions as recommended by the paint manufacturer. TS20-4 3. Atmospheric and Surface Conditions: Apply coatings at temperature above 50 degrees F., and relative humidity below 85%, and with a 15 m p h. wind maximum. The 15 m.p.h. wind velocity may have to be lowered if there is a possibility of over spray occurring. No coating work shall be done under unfavorable weather conditions and then only with the specific approval of the manufacturer and Engineer. All surfaces to be painted shall have their readiness for painting approved by the Engineer before work is started. 4. Coverage and Film Thickness: Employ spreading rate prescribed by the manufacturer for each specific paint, to obtain minimum dry film thickness as recommended by the manufacturer and as described in this specification. Dry film thickness shall be checked with an appropriate calibrated dry film gauge provided by the Contractor, such as the Elcometer, Microtest or Posi-Test, or equal. Where necessary, the Tooke Gauge may be used for film thickness determination. The Tooke gauge visually demonstrates the number of coats of paint as well as total thickness and shall be used in cases of arbitration, should such instances arise. 5. Drying Times: Allow each coat of paint to dry thoroughly, as specified by the manufacturer before succeeding coat is applied. Do not immerse coating until appropriate dry film thickness has been obtained and finished coating system has been allowed to cure at least seven days, or as recommended by the paint manufacturer if longer. 6. Method of Application: Apply paint materials by brush, roller or spray (air or airless) as dictated by the manufacturer's instructions and as approved by the Engineer. When spraying, each coat shall be sprayed on in strict accordance with the manufacturer's recommendations. The type of spray nozzle, the fluid pressure at the gun, the air pressure at the gun, the distance from the gun to the surface being painted and the speed of travel of the gun shall be exactly as recommended by the manufacturer. Thinning shall be done as recommended by the manufacturer. All paint in the fluid pot and hnes shall be cleaned out with thinner before application of the paint is begun The thinner may be used also for cleaning the painting equipment at the end of each day's painting operation. Each coat shall be dry to touch before the next coat is applied. At least two hours drying time shall be allowed between coats, however, it is best to follow the recommendation of the manufacturer. TS20-5 TECHNICAL SPECIFICATION NO. 40 WELDING CARBON STEEL 40.01 GENERAL a. All welding performed on the tank or structure will be done in accordance with American Welding Society (AWS) Structural Welding code D1.1. b. All metal used for the fabrication of manways, hatches, ladders or other such accessories to be permanently welded to the tank or structure will meet the specifications of ASTM A36 Group One carbon steel with a minimum yield point of 36,000 PSI. 40.02 WELDING PROCESS. All welders will be qualified under the AWS D1.1 code with shielded metal arc welding (SMAW) procedures. Minimum plate thickness for welding test will be 1/2 ' using E6010 or E7018 electrodes. Welders will only weld in positions for which they have been tested and qualified. 40.03 WELD SIZE. The minimum filet weld size shall be as follows: 1/4" - l " base metal thickness = 3/16" fillet weld over 1/2" - 3/4" base metal thickness =1/4" fillet weld over 3 " -1" base metal thickness = 5/16" fillet weld 40.04 SYMBOLS AND DEFINITIONS. Standard symbols and defuutions will be as stated in the AWS Code D1 1. 40.05 WORKMANSHIP. a. Welding shall not be done when the ambient temperature is lower than zero degrees F or when surfaces are wet or when wind velocities are greate than 15 MPH. TS 40 1 b. Base metal preparation shall insure the surfaces to be welded are smooth and free from tears, cracks or other discontinuities. The surfaces shall be free of dirt, grease, loose mill scale, rust, slag and other foreign substances. c. The completed weld surface will be ground smooth and flush to produce a workmanlike finish capable of being coated. d. All weld spatter will be removed from the weld area. e. The parts to be joined by fillet welds will be brought together as close as possible. If the separation is greater than 1/16", the leg of the fillet weld will be increased by the amount of the root opening. The root opening will not exceed 3/16". f. Discontinuities such as undercut, unfilled craters and porosity will be repaired. Repairs will be made using grinders or by gouging in order to remove the unacceptable portion of the weld. g. Fillet welds may be slightly convex, flat or slightly concave. The maximum convexity and concavity shall be 1/16". 40.06 FILLER METAL. a. Filler metal requirements for welding with SMAW procedures will meet the requirements of AWS 5.1 Mild Steel Covered Arc Welding Electrodes. b. Electrode type will be either E6010 or E7018. Welders must be qualified for the specific electrode used. c Electrodes will be purchased in hermetically sealed containers and shall be dry before use. d. Low -hydrogen electrodes may only be dried once. e. Electrodes that have been wet will not be used. 40.07 PROCEDURE. a. The classification and size of the electrode, arc length, voltage and amperage shall be suited to the thickness of the material, type of groove and TS40-2 welding position. Welding current shall be: Within the range recommended by the electrode manufacturer. b. The maximum diameter of electrodes shall be as follows: 2a. 5/16" for all welds made in flat position except for root passes. 2b. 1/4" for horizontal fillet welds. 2c. 1/4' for root passes of fillet welds in the flat position. c. The maximum size of single -pass fillet welds and root passes of multiple -pass fillet welds shall be as follows: 3a. 3/8" in the flat position. 3b. 5/16" in the horizontal or overhead position. 3c. 1/2" in the vertical position. d. The progression of all passes in the vertical position shall be upwards. 40.08 INSPECTION. a. All welds will be visually inspected by a Certified Welding Inspector using nondestructive techniques. b. All discontinuities will be repaired. Most commonly encountered discontinuities include porosity, slag, incomplete fusion, incomplete penetration, undercut, overlap and cracks. c. Repairs will be made at the Contractor's expense. Work will not proceed further until defective welds are repaired. TS40-3 DRAWINGS SECTION Al ,.b.. J. ... . 1viQ.plC UGDL. 1v1Qi'a Alice St & N Main St Pearland TX 77581 US Notes: All rights reserved. Use Subject to License/Copyright This map is informational only. No representation Is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use http://www.mapquest.com/maps/print.adp?mapdata=1SH7onY3BgTYXytwpv3aSCwZNS... 11/22/2005 .4vial%411.4v31.. IVM. 9 0 Alice St & N Main St Pearland TX 77581 US Notes: Tank Is near intersection of Alice Road & State Hwy 35 (Telephone Rd). • Cr 2005 MaRQ►est.coin, L)Tmi �. 1*r All rights reserved. Use Subject to License/Coovright This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use http://www.mapquest.com/maps/pant.adp?mapdata=1SH7onY3BgTYXytwpv3aSCWZN8... 11/22/2005 1vugnL UG A 1. 1V10,110 Alice St & N Main St Pearland TX 77581 US Notes: All rights reserved. Use Subject to License/Copyright Thls map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or decay resulting from such use http://www.mapquest.com/maps/pnnt.adp?mapdata=1SH7onY3BgTYXytwpv3aSCwZN8... 11/22/2005 DUNHAM ENGINEERING Water Tank Consultants 13141 Hill Rd. • College Station, TX 77845 • (979) 690-6555 • Mobile (979) 820-1648 • FAX (979) 690-7034 www.DunhamEngineering.com Report of Inspection Elevated Water Storage Tank on Alice Rd. Pearland, Texas Conducted by Jimmy D. Dunham, P.E. May 26, 2005 1. CONSTRUCTION The 500 000 gallon welded steel structure was built by Caldwell Tanks in 1983. Six welded steel pipe legs support the tank. The height to low water level is 100', the head range is 38' and the overall height is approx. 145'. The structure is located in a security fence and more than 1,000' from the nearest public area. The last rehabilitation project was approx. 1995. 2. FOUNDATION An individual concrete footing supports each of the six legs. The original five footings and base plates are level and in good condition. The two anchor bolts per leg in the original footings are snug in the concrete and the nuts are tight on the bolts The original 4'x4' footings project above grade approx. 4". The base plates are rusting. The footing added in the 1995 rehabilitation project is 10'x10' and has four anchor bolts and nuts One of the anchor nuts is missing. 3. RISER PIPE The 5' diameter welded steel riser pipe is plumb with no leaks noted. It has an 18" x 24" manway and an 18" diameter manway in the base. Neither manway was opened. The riser is supported by a concrete foundation that is level and in good condition. The four bolts are snug in the concrete and the nuts are tight on the bolts The riser has an interior ladder that is in good condition. 4. LEVEL DEVICE The pressure gauge is functional. 5. OVERFLOW The 8" diameter steel overflow pipe exits the tank near the roof knuckle and runs down a leg to ground level. The pipe support welds are not cracked and the pipe ends with a flap valve that closes properly. An additional overflow pipe is stubbed out at the roof knuckle. The flap valve does not close completely. 6. RODS & STRUTS The rods and struts are straight with no excessive bending noted. Approx. 25% of the rod's surface area is corroded. Evidence of prior corrosion damage was noted on the wind rods. The majority of the rods are pitted. The channel struts connecting the legs are in good condition and level. No problems were noted with their welded connections other than corrosion. Approx. 15% of the strut's surface area is corroded. 7. LADDERS The exterior leg ladder starts at grade and stops at the balcony. The ladder is in good condition with no loose rungs or bolts noted. The ladder has a climb prevention gate on the bottom. The bar style safety climb device is not functional. The bowl ladder runs from the balcony to the roof. The ladder is in good condition with no loose rungs or bolts The bar style safety climb device is not functional. The interior bowl ladder runs from the top hatch opening to the floor of the tank and is in good condition with no loose rungs or bolts noted. The ladder has a bar style safety climb device that is not functional. The balcony level manway has a ladder running to the floor that is in good condition. The riser has an interior ladder that is in good condition. It has a bar style safety climb device. 8. TOP HATCH The 36" diameter top hatch is in good condition. The lock opens with combination #6000. A construction hatch is located on the opposite side of the roof and was not opened. 9. TOP VENT The 20" diameter top vent is in good condition and properly screened. The pipe is corroded. The vent cover opens with combination #6000. 2 10. ROOF The roof is properly sloped to prevent ponding. No cracks were noted in the weld seams. No holes were noted in the roof. The roof is self-supporting and has no rafters. Four pipe nipples have been welded into the roof to allow rigging the interior. The pipe nipples are properly plugged. 11. BALCONY The balcony is in fair condition with 15% corrosion noted on the floor plate. The handrails are in fair condition with several welds cracked on the posts. The floor plate is rusting. The exterior leg head weld seams are in good condition and not cracked. The balcony has a 24" diameter manway that was not opened and appears to be in good condition, 12. INTERIOR The tank was not drained for the mspection. Access was gained through the top hatch. No floating debris was noted. 13. PROTECTIVE COATINGS The exterior coating is in fair condition with 25% corrosion on the steel. The interior coating is in fair condition. Approx. 25% of the interior steel is rusting. 14. OBSTRUCTION LIGHTS The structure has a double obstruction light fixture in fair condition. The conduit is cracked and in poor condition. 15. CONCLUSIONS & RECOMMENDATIONS a. The structure is 22 years old and in good condition with the exception of the protective coating systems. Corrosion is present on 25% of the structure. b. The coating systems are not providing adequate corrosion protection to the steel and should be replaced within two years. c. Several mmor structural repairs are required when the coatings are replaced to comply with TCEQ requirements. d. Budget $260,000.00 for the rehabilitation project. Rust on bottom of bow Rust on wind rods Rust on balcony floor plate Roof Top vent 6 ThoMAs ANAEyflcAL Environmental & Analytical Testing Services SOIL • PLANT TISSUE • WATER • WASTEWATER Page 1 of 2 Company: Dunham Engineering Submitted By: Jim Dunham Client Code: 006 Report No.: 000455 Location: Pearland Alice Street EST Report Date: Date Collected: Date Received: Matrix: 01/18/02 01/10/02 01/11/02 Paint Chips • Lab ID: 000455-1 U a111�111.. 1L. LA LVi lva a H11ai. Parameter Result MDL Units Tech l Date Time Method Lead 2,910 I 20 ppm AJA 01/18/02 16:15 7420* • Lab ID: 000455-2 oampll. i1J. 11a11'i1V1 a Una Date Tune Method Result MDL Units Tech Parameter l Lead I 114 20 ppm AJA 01/18/02 16:15 7420* Sample ID: Blank Parameter Lead lResult <0.2 MDL Units 0.2 I ppm * Test Methods for Evaluating Solid Waste, EPA SW-846 Jac.: aniz La. oratory M Thomas Analytical Se ces, Inc. 2151 Harvey Mitchell Pkwy. So , Su'te 303 • College Station, TX 77840-5237 Telephone (979) 680-1801 • Fax (979) 764-2152 Email: chemlab@thomasturf.com Tech I Date AJA • 01/18/02 Lab ID: 000455-Bik Time 16:15 Method 7420* ThoMAs ANALYT'ICAE Environmental & Analytical Testing Services SOIL • PLANT TISSUE • WATER • WASTEWATER Client Code: 006 Report No.: 000455 Sample ID' Exterior Paint QC Report Duplicate Analysis Page 2 of 2 Original Result Duplicate Result RPD RPD Max. Parameter Lead 2,910 3,262 2.9 20 i» Interior Paint Spike Analysis Parameter Spike Added Measured Conc. % Recovery Recovery Limits Lead ( 50 46 92% 75 - 125 Parameter Lead True Value 275 Laboratory Control Sam le Result Recovery 228 83% QC Limits 80 - 120 Thomas Analytical Services, Inc. 2151 Harvey Mitchell Pkwy. So , Stile 303 • College Station, TX 77840-5237 Telephone (979) 680-1801 • Fax (979) 764-2152 Email: chemlab@thomasturf.com a r O .2 E E N 0. 1i uo. z ti u a LL 4 2 c qqckt u. LL m LNa W th j. c3 0 O) 1 est � LL r col I ui a a c m E a ea E LD N CO 3 au. 0 yr U Q ts 2 '3 c 8= ten 7 m m o p 0 wa4§ se s o I 1p C u o211 o) C 11I8 AO IP- itt N E s X. E 41 O z L i. O ffi 82 m o 4Q 24 erg g8 0 wes o g wig mmfg le 8 Y E .� m2 o E C co .0 8 m Ts 13 z m O a 0 3 1 m 1t6 2 a 2 ma a. m E E o 0 Ela c o r 8 o 2 o v m z c ij c 8 o. m .O E. u) c $ E 8` E c E o i d E 88 r1 m 3 z TOP VENT 4 4" I 5-1I/2" $ 4" 30" t 30" DIA. DOME CAP(MIN. 3/16") STANDARD OR SHALLOW FLANGED AND DISH —HEAD. BOLT TO VENT RISER WITH 3/4 BOLT. 6 CUT—OUTS FOR VENT 4"x6" 16 MESH FIBERGLASS WINDOW SCREEN AROUND VENT PIPE AND OVERLAP BY 3". HOLD IN PLACE WITH STAINLESS STEEL HOSE CLAMPS AT TOP Sc BOTTOM FIBERGLASS HOSE CLAMPS USE 6-5/8" HOLES EQUAL SPACE OR 15-1/2" O.C. FOR 1/2" BOLTS. FLANGES TO BE 1/4" PL. BOLTS TO BE STAINLESS STEEL. MATCH EXISTING RISER DIAMETER SECTION A -A PLAN RISER W 12" DIA. PIPE 2-1/4" 24" DIA. PIPE 8-1 /2" CUT OFF EXISTING VENT PIPE TO SOUND METAL. WELD ON FLANGE AND INSTALL NEW VENT STRUCTURE FIBERGLASS WINDOW SCREEN DUNHAM ENGINEERING INC. WATER TANK CONSULTING ENGINEERS DRAwtr JCP 1 DATE 12/19/2002 I ser 1 OF 1 LIGHT BRACKL I I WELD STEEL BRACKET TO ROOF ALL AROUND Tank ELEVATION LIGHT FIXTURE B Incandescent twin obstruction Tight, red fresnel Tens. 120v w/ 100 watt A21 traffic signal lamps, Tamp changing relay de photo electric controls (Crouse/Hinds or equal) L4x3x1/4 ANGLE BRACKET ASSEMBLY (12" x 4") MITER AND WELD DUNHAM ENGINEERING INC 1i11` T rR TA O. CONSULTING Ei\I GI'JI_c} ;i DRAWN JCP J °ME 12/19/2002 EMIT 1 OF 1