R2001-0107 08-13-01RESOLUTION NO. R2001-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH CORROSION ELIMINATORS, INC. FOR
THE REHABILITATION OF THE FM 518/MARY'S CREEK WATER PLANT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and
Corrosion Eliminators, Inc., a copy of which is attached hereto as Exhibit "A" and made a
part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract with Corrosion Eliminators, Inc. for the
rehabilitation of the FM 518/Mary's Creek Water Plant.
PASSED, APPROVED and ADOPTED this the 13 day of August
A.D., 2001.
TO ID
MAYOR
ATTEST:
APPROVED AS TO FORM:
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
July 23, 2001
City of Pearland
3519 Liberty Dr.
Pearland, Texas 77581
Attn: Jerry Burns, DPW
Ref.: Mary's Creek Water Plant Rehabilitation Project
The purpose of this letter is to recommend Corrosion Elmlinators, Inc. of Mineral
Wells, Texas for award of the referenced project contract.
Corrosion Eliminators, Inc. was the low bidder and is capable of performing the
work in an acceptable manner. Their bid was 12% below the engineer s estimate and
reasonable. They have satisfactorily completed similar projects within budget and in a
timely manner. Their owner has assured me that they will start and finish the project on
time in addition to assigning a very experienced superintendent to insure the lead
abatement portion of the project is handled correctly.
We will monitor their work closely to insure a quality product is provided. Please
call if you have any questions.
Sincerely,
Th
Jimmy D. Dunham, P E.
DUNRAM 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
City of Pearland, Texas
Mary's Creek Water Plant Rehabilitation Project
Bid Tabulation Sheet
Bids opened July 16, 2001 @ 2:00 p.m. City Office
Contractor Base Bid
Angelos Painting $ 12 7 j 300
Corrosion Eliminators $ t 2 2, [ 18
D&W Contractors $ 1 & 0! 327
DMS Painting $
Gulf States Coatings
Utility Service Co.
Water Tank Service
Jimmy D. Dunham, P E
Additive Bid #1
$ (0/000
$ 570o0
$ z (.9)
$
$ 2( 5o o
$ “ILfoo
DUNHAM ENGINEERING
Exhibit "A"
R2001-107
Water Tank Consultants
13141 Hill Rd. • College Station, TX 77845 • (979) 690-6555 • Mobile (979) 820-1648 • FAX (979) G90-7034
wwW. DunhamEngineering.conl
SPECIFICATIONS
CONTRACT DOCUMENTS
FOR
CITY OF PEARLAND, TEXAS
MARY'S CREEK WATER PLANT
REHABILITATION PROJECT
JUNE 2001
prepared by
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JIMM P.E.
13141 � ROAD
COLLEGE STATION, TEXAS 77845
rei
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Ownership of Documents: This document and the ideas and designs incorporated herein,
as an instrument of professional service, is the property of Jimmy D. Dunham, P. E. and
is not to be used in whole or in part for any project without the written authorization of
Jimmy D. Dunham, P.E.
.•.
JIWIlf D. DUN HAM
•
DUNHANI 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
SPECIFICATIONS
CONTRACT DOCUMENTS
FOR
CITY OF PEARLAND, TEXAS
MARY'S CREEK WATER PLANT
REHABILITATION PROJECT
JNE 2001
prepared by
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JIMMYD. VUN4 M
• •
f15 53622 O•
JIMM .� s • I, P.E.
13141tea ROAD
COLLE !OE STATION, TEXAS 77845
} 3 m Ay 200 l
Ownership of Documents: This document and the ideas and designs incorporated herein,
as an instrument of professional service, is the property of Jimmy D Dunham, P. E. and
is not to be used in whole Or in part for any project without the Written authorization of
Jimmy D. Dunham, P. E.
4
TABLE OF CONTENTS
SECTION DESCRIPTION
NUMBER
I
II
III
IV
V
VI
VII
VIII
DRAWINGS
Notice to Contractors
Instructions to Bidders
Bidder's Proposal
Standard Form of Agreement
Bonds
General Conditions
Special Conditions
Technical Specifications
SP 1 Special Provision to Technical Specifications
TS 2 Commercial Blast Cleaning
TS 3 Near White Blast Cleaning
TS 5 Power Tool Cleaning
TS 10 Disinfection
TS 20 Paints and Painting -Epoxy & Urethane Systems
TS 35 Lead Abatement
TS 40 Welding Carbon Steel
Location Map
Engineer's Report of Inspection
Lead Analysis of Coatings
Details
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i
1
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Section I
Notice to Bidders
l
SI CTION I
NOTICE TO CONTRACTORS
NOTICE TO BIDDERS OF THE INTHNTION OF THE CITY OF PEARLAND, TbXAS,
TO AWARD A CONSTRUCTION CONTRACT FOR REHABILITATION OF TWO
WATFR TANKS AT MARY'S CREFK WATER PLANT.
Sealed bids will be received from qualified Contractors addressed to City Purchasing
Officer, Attu• Gordan Island, City of Pearland, 3519 Liberty Drive, Texas 77581 or
delivered to the City office at the same address until 2 00 p.m., Monday, July 16, 2001
for furnishing all labor, materials and equipment for the work required for construction
of certain improvements as listed in the specifications for the Mary's Creek Water Plant
Rehabilitation Project, prepared by Jimmy D. Dunham, P h Proposals will be publicly
opened and read aloud in the City office at 2:00 p.m., the same date. Any bid received
after the above closing time will be returned unopened.
The work consists of miscellaneous structural steel repairs, lead abatement and
replacement of protective coating systems on a 500,000 gallon water storage tank and a
10,000 gallon water pressure tank.
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,
MARY'S CREEK WATER PLANT REHABILITATION PROJECT
TO BE OPENED• 2.00 P.M. MONDAY, JULY 16, 2001
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 or a
bid bond in the same amount from 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.
The Contract will be awarded to the responsible bidder who, in the opinion of the
Owner and Engmeer, 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. 1 he OWNER reserves the right to reject any or all bids and to
waive any and all informalities in bidding.
SECTION I -1
Plans and specifications are on file at the Engineer s office in College Station, Texas.
Proposal forms and specifications may be obtained from Jimmy D. Dunham, P E , 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.
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 Jimmy D.
Dunham, P E , and obtain clarification prior to submitting any bid.
The site is located near the intersection of Broadway (Hwy 518) and Mary's Creek in
the City of Pearland, Texas and may be inspected during normal operating hours from
8:00 a.m. to 4:OOp.m , Monday through Friday. Contact Clay Kennard at phone (281)
652-1900 to arrange a site visit and coordinate for the gate to be opened.
A mandatory pre -bid conference will be held on July 9 2001 @ 2 00 p.m @ the City
Hall second floor conference room City Hall is located at the intersection of Liberty
Drive and FM 518 (Broadway). 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 or digital pager @ 1 800-374-6477 pager # 1825.
END OF NOTICE TO CONTRACTORS
SECTION I - 2
Section II
Instructions to Bidders
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
pait 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 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 m 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 mk 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 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 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 QUANTITIES
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 provided in the General Provisions.
4. INTERPRETATION OF QUOTED PRICES
In case of a difference between the written woi ds and any figure in a proposal, the
amount stated in writing will be computed as the bid amount.
SECTOR II -1
5. DISCREPANCIES IN BIDS
In case of lack of clearness of a proposal, the Owner will adopt the most advantageous
interpretation thereof or reject the bid.
6. UNBALANCED BIDS
Unreasonable or unbalanced unit prices will be cause for rejection of any bids.
7. INTERPRETATION OF PLANS AND SPECIFICATIONS
Any 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 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 awaided to the low responsive, responsible bidder. Approvals are
required for award of the contract: therefore, the Owner reserves the right to accept bid
proposals within thirty (30) day of the date of bid opening Reference "Proposal",
Section III.
10. CONTRACTOR'S INSURANCE`
The CONTRACTOR, before starting work for the Owner, must furnish to the Owner,
Certificates of Insurance or other acceptable evidence form 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:
Type of Coverage
Worker's Compensation
Employer's Liability
Comprehensive General Liability
Include coverage for the following:
Amount of Coverage
Statutory
$500,000 per occurrence
51,000,000 Combined
Single Limit BI & PD
SECTON II - 2
a) Premises/Operations
b) Independent Contractors
c) Completed Operations
d) Personal Injury
e) Contractual Liability
f) Broad Form Property Damage
Comprehensive Automobile Liability $1,000,000 Combined
Include coverage for the following Single Limit BI & PD
a) Owned/Leased automobiles
b) Non -owned automobiles
c) Hired cars
The Contractor will be required to furnish satisfactory certificates to Owner for al
the above required coverages with the contract. Such certificates shall be from
insurance companies acceptable to the Owner, name the Owner as an additional
insured and include 10 days written notice to the owner for cancellation r change in the
coverage. The Certificate of Insurance must verify that no endorsements limiting or
reducing coverage for an additional insured are a part of the liability policy contract.
The contractor shall be responsible for insurance to cover equipment, tools,
materials, supplies, etc. used in the performance of work owned or rented, the 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
under the laws of the State of Texas and on forms approved by the Insurance
Commission of the State of Texas. The contractor shall provide the City a copy of all
insurance policies.
11. INDEMNIFICATION
The Contractor and his Surety shall defend, indemnify and save harmless the Owner
and all its officers, agents, and employees and the engineer from all suits, actions, or
claims of any character, name and description including attorney's fees, expenses
brought for or on account of injuries or damages received or sustained by any person or
persons or property, by or from the said Contractor or his employees or by use of
unacceptable materials in constructing the work or by or on account of any act of
omission, neglect or misconduct of the said Contractor, on by or on account of any
claims of amounts recovered under the Workman's Compensation Law or any other
law, ordinance, order or decree, and so much of the money due the said Contractor
under and by virtue of his contract as shall be considered necessary by the Owner may
SHCTONII-3
be retained for the use of the Owner, or in case no money is due, his Surety shall be
held until suit or suites, action or actions, claim or claims for injury or damages as
aforesaid shall have been settled and satisfactory evidence to the effect furnished the
Owner. Contractor and his Surety shall defend, indemnify and save harmless the
Owner, its officers, agents and employees and the engineer in accordance with this
indemnification clause regardless of whether the injury or damage is caused in part by
the Owner, its officers, agents, employees or the consulting engineer.
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, 1E U.S.C.A.Sec.1
et seq. (1973)
13. PRICE OF MATERIALS AND SALES TAX
This contract is entered into by an organization which qualifies for exempt revisions
pursuant to the Texas Tax Code. The Contractor is responsible for separating the cost
of materials and labor.
14. 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 and best bid, each bidder is
requested to fill out the Bidder s Experience Recoi d form found on the following page.
SECTOR II - 4
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9807 B6B;
Aug-21-01 2:41PM;
Hage
The S n Group
14114 Dallas Plc , ti390
Daila a, TX 75240
(972)980-9595 Fax(972)980-7868
MRIPED
Corrosion Eliminators, Inc.
1002 Hwy 337
P.O. Box 1546
mine -al Wells, TX 76068-1546
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t?r'te , 0fi 08/21/2001
..a,.`.. s ante r... ....�x.,..itt. X .....v. .. o r ....
THIS CERTIFICATE IS ISSUED AS A MATTER OP INFORMATION ONLY AND
CONFERS NO RIGHTS UPON me CERTIFICATE HOLDER. THIS CERTIFICATE
00E1 NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
Gulf Underwriters Insurance Co
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GOnW1WY
LETIM
COWMY
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COMPANY
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THIS :S TO CERTIFY TNAT HE POLICIES OF INSURANCE LISTED BELOW 1AVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
NDICATED, NOTWITHSTANDING ANY R;;DUIREMENT, TERM OR CONDITION OF ANY ..ONTRACT OA OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE LnUE0 OR MAY PERTAIN. THE INSURANCE AFDADE. SY THE POUC:ES DESCRIBED HEREIN IS SUBJECT TO 4L1. THE TERMS,
EY.CLUSIGV° AND CONDiTICNS OF SUCH POLICIES LIMITS SHOWN MAY HAVE SEEN REDUCED EY PAID CLAIMS,
Southern County Mutual Ina.
RLI Insurance Company
Texas Workers Comp. Ins. Fund
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RE: Mary' s Creek Water Plant
City of Pearland is listed
an an additional insure
respects to General L
;Bfi'rinCAttti6 DS8
City of Pearland
519 Liberty Drive
Pearland TX 77581
Laws
GENERAL AGGREGATE IRC 'QUCrscom a AGG S
11/18/00 11/18/ 01 aA•&ADV.INIJITY
EACH CCCIAcENCE 1
F1RE DAMAGE (AM one kw
m
Men, ExPENsE (My . Ponml.s
COMBINED SINGLE
LIMIT 1
:l1/18/00 11/ 18/ 012sootyLNAJAY
(Poi wattsx1 BODILY 'N,f1Y
(Por scalene
11/18/00
•
1
D'
PRERTY DAMAGE S
2,000,000
2,000,000
1,000,000
l, 000, 000
SO,000
5.�.o.0.a
1,000,000
EACH OCCURRENCE 1 2,000,0
11 / 1$ / O i AGc+ewit $ 2i00 0 , 0
11/07/00 11/ 07/ 0
•
,MIME
Rehab Project
d and includeu waiver of subrogation with
Automobileand Umbrella Goveracx
•
x. STATUTORY LIMITS
EACH ACCIDENT A 1,000,000
ITSEASE POLICY LIMIT
DISEASE EACH EMPLOYEE
I.4AIL 100
LEFT, RUT F
(;; 'UABIUTY U
SHOULD MY
EXPIFIAIION DATE THEREOF. THE I$3UI
N NOT1C
L SUCH
es.
3 1,000,000
1, 003,'000
OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE
COMPANY WILL ENDEAVOR TO
E CERTIFICATE HOLDEA NAMED TO THE
SHALL IMPOSE NO OBLIGATION GB
Y, ITS AGENTS OR REPRESENTATIVES,
EXPERIENCE RECORD
Projects Bidder successfully completed within past two (2) years
Amount Contract
$233,600.00
$64,717.15
Various
$159,932.00
Type Work Date Accepted
5MG GST 7-28-00
. 5MG GST 6-• 00
GST
1.5MG'GST 4-19-01
Projects Bidder now in process of completing
Amount Contract
$1,539,823.00
Type Work Date Finish (?)
2-5MG GST
7-_SMG GST 12/01
Surety BONDS on Uncompleted Work
Amount Contract
Amount Bond Current
$1,539,823.00 $1,539,823.00
Name, address Owner
City of Irving, Irving
Cityof Devine
Garcia & Wright -Engine
Roger bnglel
Hill County Waj:ex Supp
City of North Richland
Name, address Owner
Bell County WC&ID #1
Killeen, TX
Name of Surety Company
Gulf Insurance Co..
List of Equipment owned by Bidder in serviceable condition and ave fable for
use on this project
750 CFM Sullair Compressor, (2) Bulldog Airless Paint Units,
(2) 600 lbs. sandblast units, 40' tool trailer, (1) der'on_ unit,
scsaffoldi ng and re1 afPd shrrnydi ng.
Portion Work Bidder proposes to sublet, amount and type
None.
Dated at 4: OOpm this 13 day of July ,'S00,2001 .
Corrosion Eliminators. Inc.
Name of Contractor
SECTION II -5
Section III
Bidder's Proposal
Proposal of Corrosion El
a corporation organized and
'SECTION III
BIDDER'S PROPOSAL
Date 7-13-01
iminatnrc, Inc.
•
existing under laws of the State of Texas
a partnership consisting of
an individual trading as
To: City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
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,
equipment, 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:
•
4PCTTCON TTT - 1
City of Pearland, Texas Bid Schedule
Mary's Creek Water Plant Rehabilitation'Project%
Item Estimated Description and
No. Quantity Price in Words
Total Price
1. Lump Sum Furnish material and labor to $ cif 7 %�i!O 0
perform interior coating replacement
on the 500,000 gallon tank per the Technical
Specifications for a lump sum of P/FT7/ owns
ThaosnNd Maw IC ,s d foot T.E5Ai dollars
and N 0 cents
Lump Sum Furnish material and labor to $ !1%'V D D C, 0 C
perform exterior coating replacement
and lead abatement on the 500,000 gallon
tank per the Technical Specifications
for a lump sum of Fourly Four 7"ti oQ5axd
dollars and go cents
4
3. Lump Sum Furnish material and labor to $ /,i ijno. 0 0
perform repairs on the 500,000 gallon
tank per the Technical Specifications
for a lump sum of dollars
and /Yc cents. F prer-NThoos»Nd
four Hvm/drs=d
4. Lump Sum Furnish material and labor to perform $ JOJ F 441, O0
painting and repairs on the 10,000 gallon
tank and the Control Building
per the Technical Specifications
for a lump sum of $ to ea s/. dollars
and 0 cents.
-�"'t�eTotal of items 1-4 above $ /72) / 3 9 no
d Nk- /f ,,vdrkd, 7`t e noun) ,„id
Lump Sum Q,Vg%t n/cr,ai 4 ny Eiy4T dollars and N Ocents
Additive Bid Item #1
Furnish material and labor to perform $ 5 00 0, !? o
washing to reduce salt on the interior of 500,000
gallon tank per SP 1, para. 2.a.(4a.)
SEC.I ION III - 2
The undersigned bidder agrees to commence work within ten (10) days after the
date of written notice to commence work. The work will be substantially
completed m ninety (90) calendar days, except if there are more than ten (10)
rainy or high humidity days.
Enclosed with this proposal is a cashier's or certified check for
($ ) Dollars,
or a bid bond in the sum ofSh 7tieusA4 tour floN. rsd 1bl/ars ($ bj yao. co)
Dollars, which it is agreed shall be collected and retained by the Owner as
liquidated damages m 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,
Bidder: Corrosion Eliminators, Inc.
Signed:
Title:
Address: P. 0. Box 1546/1002 Hwy. 337
Mineral Wells, TX 76068
Seal - if bidder is a corporation
Corrosion Ruminators, inc.
AWWATank Specialist
Sandblasting & Painting
Lead Base Paint Removal
Ocey G. Dow
Owner/President
Phone (940) 325-8450
Fax (940) 325-0502
P.O. Box 1546
1002 Hwy. 337
Mineral Wells, Tx 76068
SECTION III - 3
Section IV
Standard Form of Agreement
SECTION IV
STANDARD FORM OF AGREEMENT
As Adopted By
THE TEXAS SECTION OF
THE AMERICAN SOCIETY OF CIVIL ENGINEERS
October 7,1971
STATE OF 'TEXAS
COUNTY OF BRAZORIA
THIS AGREEMENT, made and entered into this
day of S, EM (M A.D., 2001,
by and between City of Pearland of the County of Brazoria 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 Corrosion Eliminators, Inc. of the City of Mineral
Wells, County of Palo Pinto and State of Texas, 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 materials and labor for the rehabilitation of the Mary's Creek Water Plant
water storage tank, pressure tank and control building located on FM 518 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 therefor, as prepared by Jimmy D.
Dunham, P.E., Engineer, 13141 Hill Rd., College Station, Texas 77845, (409)690-6555
herein entitled the ENGINEER, each of which has been identified by the
SECTION IV -1
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.
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
the same within ninety (90) calendar days after the date of the written notice to
commence work, subject to the extensions of time as are provided by the 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.
Party, First Part (OWNER)
ATTEST:
(SEAL)
►.�► �' 14.44►•
0 LC i A MEbARIS
P40 ►,1/4
� tc\ NOTARY STATE OF 'TEXAS
n
•
'. tea., LAr 4 Commission Expires;
'�� fs".Qe r eit JRNU/1RY 05, 204
'+"r. Y.
+�♦zr •p40
I t ICA N(d04 1:$144 r : tea fi t
35444 .j4')(`; 3 , 1yr
S1:04(1.s..
i
1
•
Party, Second Part (COTRACTOR)
By:
ATTEST
C�
A �
V
(SE L)
SECTION IV - 2
SECTION V
BONDS
•
SECTION V -1
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A310
AI 2677276
KNOW ALL MEN BY THESE PRESENTS, that we Corrosion Eliminators, Inc.
Mere insert full name and address or legal title of Contactor)
P.O. Box 1546-1002 Hwy 337, Mineral Wells, TX 76068-1546
as Principal, hereinafter called the Principal, and Gulf Insurance Company
Mere insert full name and address or legal tide of Surety)
4200 Research Forest Drive, Suite 200, The Woodlands, TX 77381
a corporation duly organized under the laws of the State of MISSOURI
as Surety, hereinafter called the Surety, are held and firmly bound unto City of Pearland
3519 Liberty Drive, Pearland, TX 77581 (Here insert full name and addre s or legal title of Owner)
as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID
Dollars ($ 5% GAB ),
for the payment of which sum well and truly to be made, the said Principal ;and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
Rehabilitation of Ground Storage Water Tank
(Here insert full name, address and description of project)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding
or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, of the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain
in full force and effect.
Signed and sealed this
f.Jh-� p A . . LG�,
(Witness)
Sandra Langford
16th day of July
Corrosion Eliminators, Inc.
af)
-ide) f%.
C1
2001
)
Elaine Lewis, Attor '-in-Fact
AIA DOCUMENT A310 • BID BOND • MA ® • FEBRUARY 1970 ED • THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006
1
Printed an Recycled Paper
9l93
idAVLJ II II vvIann. ..s vVIVII nix ..
HAZELWOOD, MISSOURI
POWER OF ATTORNEY
ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE
SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE
SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN
CONJUNCTION WITH THE ORIGINAL.
KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company,
a corporation duly organized under the laws of the State of Missouri, having its prin-
cipal office in the city of Irving, Texas, pursuant to the following resolution, adopt-
ed by the Finance & Executive Committee of the Board of Directors of the said
Company on the 10th day of August, 1993, to wit:
`RESOLVED, that the President, Executive Vice President or any Senior Vice
President of the Company shall have authority to make, execute and deliver a Power
of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as
may be selected from time to time; and any such Attorney -in -Fact may be removed
and the authority granted him revoked by the President, or any Executive Vice
President, or any Senior Vice President, or by the Board of Directors or by the
Finance and Executive Committee of the Board of Directors.
RESOLVED, that nothing in this Power of Attorney shall be construed as a grant
of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or oth-
erwise issue a policy or policies of insurance on behalf of Gulf Insurance Company.
RESOLVED, that the signature of the President, Executive Vice President or
any Senior Vice President, and the Seal of the Company may be affixed to any such
Power of Attorney or any certificate relating thereto by facsimile, and any such
powers so executed and certified by facsimile signature and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond and
documents relating to such bonds to which they are attached."
Gulf Insurance Company does hereby make, constitute and appoint
NUMBER AlVV ZV r r ` r V
NU
NAME, ADDRESS
PRINCIPAL: CITY STATE, ZIP
Corrosion Eliminators
Box 1546
1002 Hwy 337
Mineral Wells, TX 76067
EFFECTIVE DATE
July 16, 2001
CONTRACT AMOUNT
5% GAB
BOND AMOUNT
$ 5% GAB
---- Gary Alexander, Richard H. Baker, Scott D. Chapman, Elaine Lewis, Roy E. Simmons
its true and lawful attorneys) -in -fact, with full power and authority hereby conferred in its name, place and ste td, to sign, execute, acknowledge and deliver in its
behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, under-
takings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said
attorney(s)-in-fact. pursuant to the authority herein given, are hereby ratified and confirmed.
The obligation of the Company shall not exceed three million (3.000,000) dollars.
IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to
be hereto affixed.
STATE OF NEW YORK
COUNTY OF NEW YORK
) SS
GULF INSURANCE COMPANY
3
Lawrence P. Miniter
Executive Vice President
On the 13th day of April, 2000 A.D., before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say;
that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance 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 instruments is such cor-
porate seal that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order.
STATE OF NEW YORK
COUNTY OF NEW YORK
SS
0ALA
DAVID J
Notary Public, Stat of New York
No. 02JA4958634
Qualified in Kings County
Commission Expires December 30, 2001
I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and
attached POWER OF ATTORNEY remains in full force.
Signed and Sealed at the City of New York.
II Dill IIIII 11111 IIIII IIIII IIIII III
A12677276 *1330397*
8016-Al (3/20011
Dated the 16th day of July
r
George Biancardi
Senior Vice President
,2001
Commercial
STATE OF:
COUNTY OF:
Corrosion eliminator, /nc.
A W W A SPECIALISTS
P.O. Box 1546
MINERAL WELLS, TEXAS 76068
Ph: (940) 325-8450 Fax: (940) 325-0502
CO
Texas
Palo Pmto
j TE SOLUTION
Industrial
Corrosion Eliminators, Inc. Board of Directors held a special meeting on July 5, 2001, and voted
unanimously to give Power of Attorney to Ocey G Dow, for signing as Corrosion Eliminators,
Inc. To ratify any and all acts pertaining to all bid documents, contract documents, pertaining to
said corporation.
Corrosion Eliminators, Inc.
Ocey G. Dow, President
Sworn and subscribed to before me, a Notary Public on this Lttlay of
Who also acknowledged to me that Ocey G. Dow executed the same for the p
express.
Kimberley A. Ma y
Notary Public, St a of Texas
My commission expires the 2nd day of February 2002.
2001 .
ose and consideration therein
KIMBERLEY A. MANLEY
NOTARY PUBLIC
STATE OF TEXAS
My Commission Expires 02-02-2002
STATE OF 1'LXAS
COUNTY OF Brazoria
PERFORMANCE BOND Bond i/ AI 2677878
KNOW ALL MEN BY THESE PRESENTS: That Corrosion Eliminators, Inc.
of the City of Mineral Wells , County of Palo Pinto J and State of
Texas
, as principal, and Gulf Insurance Company
authorized under the laws of the State of Texas to act as surety on bonds for principals,
are held and firmly bound unto City of Pearland
(Owner), in the penal sum of One Hundred Twenty Two Thousand, One Hundred Thirty Eight
and no/100
Dollars ($ 122,138.00--) for the payment whereof, the said Principal and Surety 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 51 day of CL pfl ii t i?. 2001 , 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 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 by the Principal to be
o bserved 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;
o therwise, 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,
o r the plans, 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,
e xtension of time, alteration or addition to the terms of the contract or to the work to be
performed thereunder.
SECTION V - 4
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
S
instrument this � day of 5"fen g?i�-'� , 2001 .
Corrosion
(SEAL)
Eliminators, Inc.
Principal
By:
Title:
Address: Box 1546, 1002 Hwy. 337
Mineral Wells, TX 76067
Telephone: 940 325-8450
(SEAL)
Gulf Insurance Company
Surety
By:
Roll E. Simmons
Title: Attorney--In--Fact
Address: 4200 Research Forest Dr.
Suite 200
The Woodlands, TX 77381
Telephone: 281 2 9 8 -- 5161
Name and address of the Resident Agency of Surety is:
Chapman Simmons Agency - Roy E. Simmons
4200 Research Forest Drive, Suite 200
The Woodlands, TX 77381
File Number: 0006156998
Countersignature of officer, director, principal or shareholder of the Resident Agent of
Surety:
TEXAS AGENT -
Countersignature not required
Printed Name:
SECTION V - 5
PAYMENT BOND Bond # AI 2677878
STA FE OF TEXAS
COUNTY OF Brazoria
KNOW ALL MEN BY THESE PRESENTS: That Corrosion Eliminators, Inc.
of the City of Mineral Wells , County of Palo Pinto , and State of
Texas
, as principal, and Gulf Insurance Company
authorized under the laws of the State of Texas to act as surety on bonds for principals,
are held and firmly bound unto City of Pearland
(Owner), in the penal sum of One Hundred Twenty Two Thousand, One Hundred Thirty Eight
and no/100
Dollars ($ 122,138.00---) for the payment whereof, the said Principal and Surety 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 1 s'r day of SCrivit3i-0,49 2001 , 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 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, 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.
SECTION V - 6
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
515,
instrument this day y off 1 N a ifv49 2001
(SEAL)
Corrosion Eliminators, Inc.
Principal
By: 0
(SEAL)
Gulf Insurance Company
Surety
By:
Roy. Simmons
Title: Title: Attorney -In -Fact
Address: Box
1546, 1002 Hwy. 337
Mineral Wells, TX 76067
•
Address: 4200 Research Forest Dr.
Suite 200
The Woodlands, TX 77381
Telephone: 940-325-8450 Telephone: 281 298-5161
Name and address of the Resident Agency of Surety is:
Chapman Simmons Agency - Roy E. Simmons
•
4200 Research Forest Drive, Suite 200
The Woodlands, TX 77381
File Number: 0006156998
Countersignature of officer, director, principal or shareholder of the Resident Agent of
Surety:
TEXAS AGENT - Countersignature not required
Printed Name:
•
SECTION V - 7
GULF INSURANCE COMPANY
HAZELWOOD MISSOU I
POWER OF AT 1()R.NEY
ORIGINALS OF TII1S POWER OF AT'I'ORNF\ ARE PRINTED ON BLUE
SAFETY PAPER \VIVII TFAL INK. DUPLICATES SHALL DAVE THE
SAME FORCE AND c 1'h'EC'1 AS AN ORIGINAL ONLY WHEN ISSUED IN
CONJUNCTION WITH THE ORIGINAL.
KNOW ALL MIEN BY Tl IfiSE PRESENTS: the Gulf Insurance Company,
a corporation duly organized under the laws of the State of Missouri, having its prim
:ipal office in the city of Irving, texas, pursuant to the following resolution, adopt-
.d by the Finance cV Executive Committee of the Board of Directors of the said
Company on the I Oth day of August, 1993, to wit:
"RESOLVED, that the President, Executive Vice President or any Senior Vice
'resident of the Company shall have authority to make, execute and deliver a Power
if Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as
nay he selected from time to time, and any such Attorney -in -Fact may be removed
and the authority granted him revoked by the President, or any Executive Vice
President, or any Senior Vice President, or by the Board of Directors or by the
''inance :old Executive Committee of the Board of Directors.
RESOLVED, that nothing in this Power of Attorney shall be construed as a grant
)f authority to the attorneys) -in -fact to sign, execute, acknowledge, deliver or oth-
erwise issue a policy or policies of insurance on behalf of Gulf Insurance Company.
RESOLVED, that the signature of the President, Executive Vice President or
uty Senior Vice President, and the Seal of the Company may be affixed to any such
Power of Attorney or any certificate relating thereto by facsimile, and any such
owers so executed and certified by facsimile signature and facsimile seal shill be
valid and binding upon the Company in the future with respect to any bond and
documents relating to such bonds to which they are attached.'
naulf Insurance Company does hereby make, constitute and appoint
BOND
NUMBER Al2677878
NAME, ADDRESS
PRINCIPAL:
CITY STATE, ZIP
Corrosion Eliminators
Box 1546
1002 Hwy 337
Mineral Wells, TX 76067
EFFECTIVE DATE
, 2001
CONTRACT AMOUNT
122,138.00
BOND AMOUNT
122,138.00
---- Gary Alexander, Richard H. Baker, Scott D. Chapman, Elaine Lewis, Roy E. Simmons
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name. place and stead, to sign, execute, acknowledge and deliver in its
iehaif, as surety, any and all bonds and undertakings of suretyship; and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, under-
'akings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said
.ttorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed.
The obligation of the Company shall not exceed three million (3,000,000) dollars.
IN WITNESS WHEREOF the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to
e hereto affixed.
TATE OF NE\V YORK
COUNTY OF NEW YORK
) SS
GULF INSURANCE COMPANY
IAawrencr. P. IVliniter
Executive Vice President
On the 13th day of April, 2000 A.D., before me came Lawrence P. D Iiniter, known to me personally who being by me duly sworn, did depose and say;
tat he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation
escribed in and which executed the above instrument; that he knows the seal of' said corporation; that the seal affixed to the said instruments is such car -
,:orate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order,
"ATE OF NEW V'ORk< )
SS
COUNTY OF NE\V YORK
1, the undersigned, Senior Vice President of the Gulf Insurance Company
ttached POWER OF ATTORNEY remains in full force:
Signet and Se led ; t the City of Ne
111111111111111111111111111
Vol lc.
AI2677878 *1339538*
DAV ID JAI
Notary Public, Stnt`C of New York
No, 02JAA9 +S6i34
Qualified in Kings County
Commission Expir es Deccmher 30, 2001
a Missouri Corporation, DO }WRNS \ cunt that the foregoing and
Dated the
day of
,20 01
S016-Ai (3/20011
George Bianeardi
Senior Vice President
'SECTION VI
GENERAL CONDITONS
SECTION VI -1
This document has important legal consequences: consultation with an attorn :y is encourated with
respect Co its completion or modification.
STANDARD
GENERAL CONDITIONS
OFT
CONSTRUCTION CONTRACT
Prepared by
Engineers Joint Contract Documents Committee
SNATIONAL)
OCIETY OF;
OFESSIONA
our
and
•
Issued and Published Jointly By
•
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
•
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has beat approved and endorsed by
The Associated General
Contractors of America
•
These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 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
Services and C-rntract 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) (19A Edition). When
bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used
EJCDC No. 19IO-811990 Edition/
Reprinted 5/91
•
® 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
Min
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article or Paragraph
Number & Title
1. DEFINITIONS
1.1 Addenda
1.2 Agreement
1.3 Application for Payment
1.4 Asbestos
1.5 Bid
1.6 Bidding Documents
1.7 Bidding Requirements
1.8 Bonds
1.9 Change Order
1.10 Contract Documents
1.11 Contract Price
1.12 Contract Times
1.13 CONTRACTOR
1.14 defective
1.15 Drawings
1.16 Effective Date of the Agreement
1.17 ENGINEER
1.18 ENGINEER's Consultant
1.19 Field Order
1.20 General Requirements
1.21 ttatardous Waste
1.22 Laws and Regulations; Laws or
Regulations
1.23 Liens
1.24 Milestone
1.25 Notice of Award
1.26 Notice to Proceed
117 OWNER
1.22 Pamal Utili7atinn
1.29 PC1: s
1.30 Petroleum
1.31 Project
1.32 Radioactive Material
1.33 Resident Project Representative
1.34 Samples
1.35 Shop Drawings
1.35 Spafcati-ons
1.17 Subcn. "<;: ?fir
1.38
1.39
1.43
7.41
1.42
1.43
1.44 Work Change Directive
1.45 Written Amendment
2. PRELIMINARY MATTERS
2.1 Delivery of Bonds
2.2 Copies of Documents
2.3 Commencement of Contract Times:
Notice to Proceed
2.4 Starting the Work
Stjbstantial Completion
iI
Supplier
Under Ground Facilities ...........
Uni. Price Work
Work
Page
Number
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
14
14
Article or Paragraph Page
Number & Title Number
2.5-2.7 Before Starting Construction:
CONTRACTOR's Responsibility to
Report Preliminary Schedules:
Delivery of Certificates of
Insurance 15
2.8 Preconstruction Conference 15
2.9 Initially Acceptable Schedules 16
3. CONTRACT DOCUMENTS: INTENT,
AMENDING REUSE 16
3.1-3.2 Intent 16
3.3 Reference to Standards and
Specifications of Technical Societies;
Reporting and Resolving
Discrepancies 16
3.4 Intent of Certain Terms or Adjectives 17
3.5 Amending Contract Documents 17
3.6 Supplementing Contract Documents 17
3.7 Reuse of Documents 17
4. AVAILABILITY OF LANDS SUBSURFACE AND
PHYSICALCONOITIONS; REFERENCE POINTS . 17
4.1 Availability of Lands 17
4.2 Subsurface and Physical Conditions i7
4.2.1 Reports and Drawings 17
4.2.2 Limited Reliance by CONTRACTOR
Authorized; Technical Data 18
4.2.3 Notice of Differing Subsurface or
Physical Conditions 18
4.2.4 ENGINEER's Review 18
PossiLic Contract Documents Cl«4risc 18
4.2.6 Possible Price and Times Adjustments . 18
4.3 Physical Conditions -Underground
Facilities 18
4.3.1 Shown or Indicated 18
4.3.2 Not Shown or Indicated 19
4.4 Reference Points 19
4.5 Asbestos. PCBs. Petroleum. Hazardous
Waste or Radioactive Masttnal 19
5. PONDS AND INSURANCE .... ............<20
5. t 5 2 Fctforn nc e Payment and Oiler Lords ` 0
5.3 Licensed Sureties and lnsurcrs:
Certificates of Insurance 20
5.4 CONTRACIUR's Liability insurance 20
5.5 OWNER's Liability insurance 21
5.6 Property Insurance
5.7 Boiler and Machinery or Additional
15 Property Insurance 21
15 5.8 Notice of Cancellation Provisions 21
15 5.9 CONTRACTOR s Responsibility for
Deductible Amounts
15 .5.10 Other Speual Insurance
15 5.11 Waiver of Rights 22
14
14
14
14
14
14
IA
14
14
14
14
14
14
14
14
14
14
1
14
14
14
15
15
15
21
91
Article or Parag Page
Number & Title Number
5.12-5.13 "and Application of Insurance
Filueeeds 22
5.14 Asanaance of Bonds and Insurance;
getion to Replace 22
5.15 Utilization -Property
atianance 23
6. CONTRACMfirS RESPONSIBILITIES 23
6.1-6 2 Sapraision and Superintendence 23
6.3-6 5 Labor, Materials and Equipment 23
6.6 Pawns Schedule 23
6.7 Mates and ' Or -Equal" Items;
t N RACTOR's Expense;
Ihtenitute Construction
linhods or Procedures;
ISMINEER's Evaluation 23
6.&6.11 Cassomng Subcontractors. Suppliers
sod en; Waiver of Rights 24
6.12 Pam Fees and Royalties 25
6.13 Pent 25
6.14 Lansand Regulations 25
6.15 Tars 25
6.16 Wet Premises 26
6.17 dress 26
6.18 SateStructural Loading 26
6.19 Recant Documents 26
6.20 Safeigaed Protection 26
6.21 SivRepresentative 26
6.22 HamdConununication Programs 27
6.23 Enmencies27
6.24 Shgpwings and Samples 27
6.25 Su' Procedures;
CIRCIRACTOR's Review Prior to
SinDrawing or Sample Submittal . 27
6.26 S Eitawing & Sample Submittals
Realmby ENGINEER 27
6.27 Respaisibility for Variation From
Contact Documents 27
6.28 Re9at Work Performed Prior to
EIRSNEER's Review and Approval
acquired Submittals 27
6.29 Coniinung the Work 28
6.30 C R's General
Winseity and Guarantee 28
6.31-6.33 Ind 'on 28
6.34 Survival of Obligations 28
7. OTHER WORK 29
7.1-7.3 RelaxetWork at Site 29
7.4 Coonlization
8. OWNER'S RESIIINSIBILITIES
8.1 Cotions to Contractor
8.2 Re t of ENGINEER
8.3 F _ Data and Pay Promptly When
Due
8.4 Landsand Easements: Reports and
Tests 29
8.5 Insurance 29
29
29
29
29
Article or Paragraph
Number & Title
8.6 Change Orders
8.7 • Inspections Tests and Approvals
8.8 Stop or Suspend Work; Terminate
CONTRACTOR's Services
8.9 Limitations on OWNER's
Responsibilities
8.10 Asbestos. PCBs, Petroleum. Hazardous
Waste or Radioactive Material
8.11 Evidence of Financial Arrangements
9. ENGINEER'S STATUS DURING
CONSTRUCTION
9.1 OWNER's Representative
9.2 Visits to Site
9.3 Project Representative
9.4 Clarifications and Interpretations
9.5 Authorized Variations in Work
9.6 Rejecting Defective Work
9.7-9.9 Shop Drawings, Change Orders and
Payments
9.10 Determinations for Unit Prices
9.11-9.12 Decisions on Disputes; ENGINEER as
Initial Interpreter
9.13 Limitations on ENGINEER's
Authority and Responsibilities 31
Page
Number
29 •
29
10. CHANGES IN THE WORK
10.1 OWNER Ordered Change
10.2 Claim for Adjustment
10.3 Work Not Required by Contact
Documents
10.4 Change Orders
10.5 Notification of Surety 32
11. CHANGE OF CONTRACT PRICE' 32
11.1-11.3 Contract Price; Claim for Adjustment;
Value of the Work 32
11.4 Cost of the Work 33
11.5 Exclusions to Cost of the Work 34
11.6 CONTRACTOR's Fee 34
11.7 Cost Records 34
11.8 Cash Allowances 35
11.9 Unit Pnce Work 35
12. CHANGE OF CONTRACT TIMES 35.
12.1 Claim for Adjustment 35
12.2 Time of the Essence 35
12.3 Delays Beyond CONTRACTOR's
Control 35
12.4 Delays Beyond OWNER's and
CONTRACTOR's Control 35
29
30
30
30
�������
31
31
31
32
32
32
32
13. TESTS AND INSPECTIONS; CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE
WORK 36
13.1 Notice of Defects 36
13.2 Access to the Work 36
13.3 Tcsts and Inspections; Contractor's
Cooperation 36
2
Article or Paragraph
Number & Title
13.4 OWNER's Responsibilities:
Independent Testing Laboratory
13.5 CONTRACTOR's Responsibilities
13.6-13.7 CoveringWork Freer to Inspection.
Testing or Approval 36
I3.843.9 Uncovering Wort': at ENGINEER's
Request 36
13.10 OWNER May Stop the Work 36
13.11 Correction or Removal of Defective
Work 37
13.12 Correction Period
13.13 Acceptance of Defective Work 37
13.14 OWNER May Correct Defective
Work
14. PAYMENTS TO CONTRACIDDR AND
COMPLETION
14.1 Schedule of Values 37
14.2 Application for Progress Payment 38
14.3 CONTRACTOR's Warranty of Title 38
14.4-14.7 Review of Applications for
Progress Payments
14.8-14.9 Substantial Completion
14.10 Partial Utilization
14.11 Final Inspection
Page Article or Paraeraph Page
Number Number & Tide Number
14.12 Final Application for Payment 40
36 14.13-14.14 Final Payment and Acceptance 40
36 14.15 Waiver of Claims 40
15. SUSPENSION OF WORK AND
TERMINATION 40
15.1 OWNER May Suspend Work 40
15.2-15.4 OWNER May Terminate 40
15.5 CONTRACTOR May Stop Work or
Terminate 41
16. DISPUTE RESOLUTION
37 17. MISCELLANEOUS
17 1 Giving Notice
17.2 Computation of Times
17.3 Notice of Claim
• 37 17.4 Cumulative Remedies
17.5 Professional Fees and Court Costs
Included
EXHIBIT GC -A (Optional):
38 Dispute Resolution Agreement (Optional) GC -AI
J9 - 16.1-16.6 Arbitration GC-A1
39 16.7 Mcdiation GC-A2
39
41
42
42
42
42
42
42
INDEX TO GENERAL CONDITIONS
Ankle or Paragraph
Number
Acceptance of -
Bonds and Insurance 5.14
defective Work 10.4.1. 13.13, 13.15
final payment 9.12. 14.15
insurance 5.14
other Work, by CONTRACTOR 7 3
Substitutes and "Or -Equal" Items 6.7.1
Work by OWNER 2.5. 6.30. 6.34
Access to the -
Lands. OWNER and CONTRACTOR
responsibilities 4.1
site, related work 7.2
Work• 13.2. 13.14, 14.9
Acts or Omissions-, Acts and Omissions -
CONTRACTOR 6 9 1 9 13.3
ENGINEER 6.20, 9.13.3
OWNER 6 20.8.9
Addenda -definition of (also see
definition of Specifications) (1.6, 1.10, 6.19) 1.1
Additional Property Insurances 5.7
Adjustments
Contract Price or Contract
Times 1.5, 3.5. 4.1, 4.3.2, 4.5.2, 4.5.3. 9.4, 9.5
10.2-10.4, 11. 12. 14.8. 15.
progress schedule 6.6
Agreement -
definition of 1.2
All risk Insurance. policy form 5.6.2
Allowances. Cash 11.8
Amending Contract Documents 3.5
Amendment, Written -
in general .... 1.10. 1.45. 3.5 5.10 5.12. 6.6.2, 6.8.2, 6.19,
10.1. 10.4. 11.2. 12.1. 13.12.2. 14.7.2
Appeal. OWNER or CONTRACTOR
intent to 9 10, 9.11. 10.4. 16.2. 16.5
Application for Payment -
definition of 1.3
ENGINEER's Responsibility 9.9
final payment 9.13.4, 9.13.5. 14.12-14.15
in general 2 8 2.9, 5.6.4, 9.10, 15 5
progress payment 14.1, 14 7
review of 14.414 7
Arbitration (Optional) 16.1-16 6
Asbestos -
claims pursuant thereto 4.5.2, 4.5.3
CONTRACTOR authorized to stop Work 4.5.2
definition of 1.4
OWNER responsibility for 4.5.1, 8.10
possible price and times change 4.5.2
Authorized Variations in Work 3.6. 6.25. 6.27, 9.5
Availability of Lands 4.1. 8.4
Award, Notice of -defined 1 25
Before Starting Construction 2.5 2.8
Bid -definition of 1 5
(1.1, 1.10. 2.3. 3.3. 4.2.6.4. 6.13. 11.4.3. 11.9.1)
Article or Paragraph
Number
Bidding Documents -definition of 1 6 (6.8.2)
Bidding Requirements -definitions of 1.7 (1.1. 4.2.6.2)
Bonds -
acceptance of 5.14
additional bonds 10.5. 11.4.5.9
Cost of the Work 11.5.4
definition of 1.8
delivery of 2 1 5.1
final application for payment 14.12-14.14
general 1 10. 5.I-5.3.5.13.9.13105, 14.7.6
performance. Payment and Other 5 1-5.2
Bonds and Insurance -in general 5
Builder's risk "all risk" policy form 5.6.2
Cancellation Provisions, Insurance 5.4.11., 5.8. 5.15
Cash Allowances 11.8
Certificate of Substantial Completion 1.38.6.30.2.3,
14.8. 14.10
Certificates of inspection 9.13.4 135. 14.12
Certificates of Insurance .. 2.7. 5.3. 5.4.11. 5.4.13. 5 6.5. 5.8.
5 14.9.13.4, 14.12
Change in Contract Price -
Cash Allowances 11.8
claim for price adjustment 4.1, 4.2.6, 4.5. 5.15, 6.8.2,
9.4. 9.5, 9.11, 10.2. 10.5. 11.2. 13.9,
13.13. 13 14. 15.1. 15.5
CONTRACTOR's fee 11.6
Cost of the Work
general 11.411.7
Exclusions to 11.5
Cost Records 11.7
in general 1.19. 1.44, 9.11. 10.4.2. 10.4.3, 11
Lump Sum Pricing 11.3.2
Notification of Surety 10.5
Scope of • 10.3-10.4
Testing and Inspection. Uncovering the Work 13.9
Unit Pnce Work 11.9
Value of Work 11.3
Change in Contract Times -
Claim for times adjustment .... 4.1, 4 2.6, 4.5, 5 15, 6.8.2.
9 4, 9.5, 9.11, 10.2, 10 5, 12.1, 13 9, 13 13,
13.14 14.7. 15.1, 15.5
Contractual time limits 12.2
Delays beyond CONTRACTOR's control 12.3
Delays beyond OWNER's and CONTRACTOR's con-
trol 12.4
Notification of surety 10.5
Scope of change 10.3-10.4
Change Orders -
Acceptance of Defective Work 13.13
Amending Contract Documents 3 5
Cash Allowances 11.8
Change of Contract Price 11
Change of Contract Times 12
Changes in the Work 10
CONTRACTOR's fee 11 6
Cost of the Work 11.411 7
Article or Paragraph
Number
Cost Records - 11.7
definition of 1.9
emergencies 6.23
ENGINEER's responsibility 9.8. 10.4. 11.2, I2.1
execution of 10.4
Indemnification 6.!2, 6.16. 6.31. 6.33
Insurance. Bonds and 5.10. 5.13, 10 5
OWNER may terminate 15.2-15 4
OWNER's Responsibility 8.6. 10.4
Physical Conditions -
Subsurface and. 4.2
Underground Facilities 4.3.2
Record Documents 6.19
Scope of Change 10.3-10 4
Substitutes 6 7 3 6 8 2
Unit Price Work 11.9
value of Work. covered by 1.1.3
Changes in the Work 10
Notification of surety 10.5
OWNER's and CONTRACIUR's responsibilities 10.4
Right to an adjustment 10.2
Scope of change 10.3-10.4
Claims -
against CONTRACTOR 6 16
against ENGINEER 6.32
against OWNER 6.32
Change of Contract Price 9.4, 11 2
Change of Contract Times 9.4, 12.1
CONTRACTOR's 4. 7.1, 9.4, 9.5.9.11, 10.2. 11.2, 11.9.
12.1, 14.8. 15.1. 15.5. 17.3
CONTRACTOR'S Fee 11.6
CONTRACIi3R's liability 5.4. 6.12. 6.16, 6:31
Cost of the Work 11 4. 11.5
Decisions on Dispu'^^ 9.I1, 9 I
Dispute Resolution 16 1
Dispute Resolution Agreement 16.146 6
ENGINEER as initial interpreter 9.11
Lump Sum Pricing 11.3.2
Notice of 17.3
OWNER's 9 4 9 5 9 I I 10.2 11.2. 11.9. 12.1,
13.9. 13.13. 13.14, 17.3
OWNER's liability 5.5
OWNER may refuse to make payment 14.7
Professional Res and Court Costs Included 17.5
tLkues, for fc rr,iaai deCiSiOLd OR 9.11
Substitute items 6.7.1 2
Time Extension 12 1
Time requirements 9 II, 12 I
Unit Pnce Work 11 9.3
Value of 11.3
Waiver of -on Final Payment 14.14. 14.15
Work Change Directive 10 2
written notice required 9.11 11.2. 12 1
Clarifications and Interpretations 3.6 3.9.4. 9.11
Clean Site 6.17
Codes of Technical Society. Organization Of
Association
3.3.3
Commencement of Contract Times 2.3
Communications --
Article or Paragraph
Number
6.2, 6.9.2, 8.1
6.22
5.3
Intent 3.1-3.4
r variations in the Work 3.6
di'/NER's responsibility to furnish data 8.3
OWNER's responsibility to make
prompt payment 8 3 14.4. 14.13
precedence 3.1.3.3.3
Record Documents 6.19
Reference to Standards and Sperifia
of Technical Societies 3.3
^'^d orf:.................. .............. `;r.2
porting and Resolving Discrepa. cies 2.5. 3.3
Reuse of 3.7
Eupt cementing .5.4C
Termination of ENGINEER's Employment 8.2
Unit Price Work 11.9
variations 3.6. 6.23, 6 27
Visits to Site. ENGINEER's 9.2
Contract Price -
adjustment of 3.5. 4.1, 9.4, 10.3, 11.2-11.3
Change of I I
Decision on Disputes 9.11
definition of 1.11
Contra,a Times -
adjustment of 3.5, 4.1, 9.4. 10.3. 12
Change of 12.1-12.4
general
Hazard Communication Programs
Completion -
Final Application for Payment 14.12
Final Inspection 14.11
Final Payment and Acceptance 14.13-14.14
Partial Utilization 14.10
Substantial Completion 1 38. 148-14.9
Waiver of Claims 14.t5
Computation of Times 17.2.1-17.2.2
Conceming Subcontractors.
Suppliers and Others 6 8-6.11
Conferences -
initially acceptable schedules 2.9
preconstruction 2.8
Conflict. Error, Ambiguity, Discrepancy --
CONTRACTOR to Report 2.5. 3.3.2
Construction, before starting by CONTRACTOR 2.5-2.7
Construction Machinery, Equipment, etc. 6.4
Continuing the Work 6 29. 10.4
Contract Documents -
Amending 3.5
Bonds 5.1
Cash Allowances 11,8
Change of Contract Price 11
Change of Contract Times • 12
Changes in the Work 10.4-10.5
check and verify 2.5
Clarifications and Interpretations 3.2. 3.6, 9.4, 9.11
definition of 1.10
ENGINEER as initial interpreter of 9.11
ENGINEER as OWNER's representative 9,1
general 3
Ii 'a °. �::i 4. L.
Article or Paragraph
Number
Commencement of
definition of
CONTRACTOR-
5 14
4.2.2
6.2. 6.9.2
6.29. 10.4
6.9.2
1.13
15.5
7.2. 13.2
4.3.1.2, 6.16. 6.18, 6.21.6.23.
7.2. 132
Shop Drawing and Sample Review Prior to Submittal . 6.25
Stop Work requirements
rONTRACPOR's-
Compensation
Conunuing Obligation
Defective Work
Acceptance of Insurance
Limited Reliance on Technical Data Authorized
Communications
Continue Work
coordination and scheduling
definition of
May Stop Work or Terminate
provide site acmes to others
Safety and Protection
4 5.2
11.1-11.2
14.15
9.6, 13.10-13.14
Duty to correct defective Work 13.11
Duty to Report -
Changes in the Work caused by
Emergency 6.23
Defects in Work of Others 7.3
Differing conditions 4.2.3
Discrepancy in Documents 2.5. 3.3.2. 6.14.2
Underground fadities not indicated 4.3.2
Emergencies 6.23
Equipment and Machinery Rental, Cost
of the Work 11.4.5.3
Fee -Cost -Plus 11.4.5.6. 11.5.1. 11.6
General Warranty and Guarantee 6.30
Hazard Communication Programs 6.22
Indemnification 6.12. 6.16. 6.31-6.33
Inspection of the Work 7.3. 13.4.
Labor. Matenals and Equipment 6.3-6.5
Laws and Regulations. Compliance by 6.14.1
Liability Insurance 5.4
Nonce of Intent to Appeal 9 10, 10.4
obligation to perform and complete the Work 6.30
"atent Fees and Royalties. paid for by 6.12
trfonuance and Other Bonds 5.1
Permits. obtained and paid for by 6.13
Progress Schedule 2 6, 2.8, 2.9, 6.6, 6.29, 10.4. 15.2.1
Request for formal decision on disputes 9.11
Responsibilities -
Changes in the Work 10.1
Concerning Subcontractors, Suppliers and Others 6 8
6.11
Continuing the Work 6.29. 10.4
CONTRACTOR s expense 6.7.1
CONTRACTOR's General Warranty and Guaran-
tee 6.30
CONTRACIOR'sreview prior to Shop Drawing or Sam-
ple submittal 6 25
Coordination of Work 6.9.2
Emergencies 6.23
ENGINEER's evaluation. Substitutes
or "Or -Equal" Items 6.7.3
Article or Paragraph
Number
For Acts and Omissions of Others 6.9.1-6.9.2, 9.13
for deductible amounts. insurance 5 9
general 6, 7.2. 7.3, 8.9
Hazardous Communication Programs 6 22
Indemnification 6.31-6.33
Labor. Materials and Equipment 6 3-6 5
Laws and Regulations 6 14
Liability Insurance 5.4
Notice of variation from Contract Documents 6.27
Patent Fees and Royalties 6 12
Penults 6.13
Progress Schedule 6 6
Record Documents 6.19
related Work performed prior to ENGINEER's
approval of required submittals 6 28
safe structural loading 6.18
Safety and Protection 6.20, 7.2. 13.2
Safety Representative 6.21
Scheduling the Work 6 92
Shop Drawings and Samples 6 24
Shop Drawings and Samples Review
by ENGINEER 6.26
Site Cleanliness 6 17
Submittal Procedures 6.25
Substitute Construction Methods and
Procedures 6 7.2
Substitutes and "Or -Equal" Items 6 7.1
Superintendence 6.2
Supervision 6.1
Survival of Obligations 6.34
Taxes 6.15
Tests and Inspections 13.5
To Report 2.5
Use of Premises 6.166.18, 6.30.2.4
Review Prior to Shop Drawing or Sample Submittal . 6.25
Right to adjustment for changes in the Work 10.2
right to claim .. 4.7 1.9.4, 9.5.9.11, 10.2. 11.2. 11.9, 12.1,
13.9. 14.8. 15.1. 15.5. 17.3
Safety and Protection 6.204.22. 7.2, 13.2
Safety Representative. 6.21
Shop Drawings and Samples Submittals 6.24-6.28
Special Consultants 11.4.4
Substitute Construction Methods and Procedures 6.7
Substitutes and "Or -Equal" Items, Expense
Subcontractors, Suppliers and Others
Supervision and Superintendence
Taxes Payment by
•
.. 6.7.1, 6.7.2
6 8-6.11
6.1, 6.2, 6.21
6.15
Use of Premises 6.164.18
Warranties and guarantees 6.30, 6.5
Warranty of Title 14.3
Written Notice Required -
CONTRACTOR stop Work or terminate 15.5
Reports of Differing Subsurface and Physical Condi-
tions • 4.2.3
Substantial Completion 14.8
CONTRACTORS -other 7
Contractual Liability Insurance 5 4 10
Contractual Time Limits 12 2
Coordination
Article or Paragraph
Number
CONTRACPJR's responsibility 6.9.2
Copies of Documents 2.2
Correction Period 13.12
OWNER May Correct Defective Work
OWNER May Stop Work
Cost -
of Tests and Inspections
Records
Cost of the Work -
Bonds and insurance, additional 11.4.5.9
Cash Discounts 11.4.2
CONTRACTOR's Fee 11.6
Employee Expenses 11.4.5.1
Exclusions to 11.5
General
Home office and overhead expenses 11.5
10.4.1, 13.10-13.14
13.13
Correction, Removal or Acceptance of
Defective Work
to general
Acceptance of Defective Work
Correction or Removal of Defective Work 6.30, 13.11
Correction Period 13.12
13.14
13.10
13.4
11.7
11.4-11.5
11.4.5.E
Materials and equipment 11.4.2
Minor expenses 11.4.5.8
Payroll costs on changes 11.4.1
intformeel by Subcontractors 11.4.3
Records 11.7
Rentals of construction equipment and machinery . 114.5.3
Royalty payments. permits and license fees 11.4.5.5
Site office and temporary facilities 11.4.5.2
Special Consultants. CONTRACTOR'S 11.4.4
upplemental
11.4.5
Taxes related to VI(' I 1 4.5.4
Tests and Inspection 13.4
Trade Discounts
Losses and damages
Uncovering the Work
Definitions 1
Delays 4.1, 6.29, 12.3-12.4
Delivery of Bonds 2.1
'ivcry of certificates c,:' insurance 2.7
114.2
Utilities. fuel and sanitary facilities 11 4 5.7
Work after regular hours 11 4.1
Covering Work 13.6-13.7
Cumulative Remedies 17.4-17.5
Cutting, fining and patching 7.2
Data, to be furnished by OWNER 8.3
Day --definition of 17.2.2
ons on Disputes 9.11 9,12
:ore a:" 1 14
defective Work -
Acceptance of 10.4.1, 13.13
Correction or Removal of 10.4.1, 13.11
Correction Period 13.12
in general 13, 14.7, 14.11
Observation by ENGINEER 9.2
OWNER May Stop Work 13.10
Prompt Notice of Defects 13 1
Rejecting 9 6
13 8
Determinations for Unit Prices 9.10
Differing Subsurface or
Physical Conditions
Notice of 4 2 3
ENGINEER's Review 4 2 4
Possible Contract Documents Change 4.2.5
Possible Price and Times Adjustments 4.2.6
Discrepancies -Reporting and Resolving .... 2.5. 3.3.2. 6.14.2
Disnute Resolution -
Agreement 16.1-16.6
Arbitration 16.1-16.5
general 16
Mediation 16 6
Dispute Resolution Agreement 16.1-16.6
Disputes, Decisions by ENGINEER 9.11-9.12
Documents -
Copies of 2.2
Record 6.19
Reuse of 3.7
Drawings -definition of 1.15
Easements 4 1
Effective date of Agreement -definition of 1 16
Emergencies 6.23
ENGINEER -
as initial interpreter on disputes 9.11-9.12
definition of 1.17
Limitations on authority and
responsibilities 9.13
Replacement of 8.2
Resident Project Representative 9_3
ENGINEER'S Consultant -definition of 1.18
ENGINEER's-
authority and responsibility, limitations on Q.p
' cr zed Variaions in the Work 9.5
Change Orders. responsibility for 9.7, 10, 11, 12
Qarifications and !mc.rpretations 3.6.3 9.4
Decisions on Disputes 9.11-9.12
defective Work, nouce of 13.1
Evaluation of Substitute Items 6.7.3
Liability 6.32, 9.12
Notice Work is Acceptable 14.13
Observations 6.30.2, 9.2
OWNER's Representative 9 'r
Ants to the CONTRACTOR,
?,
ponsibility for 9.9, 14
Recommendation of Payment 14.4, 14.13
Rct•, nsibilitics-
Limitations on 9.11-9.13
Rcvic.w of Reports on Differing Subsurface
and Physical Conditions 4.2.4
Shop Drawings and Samples. review
responsibility 6.26
Status During Construction -
authorized variations in the Work 9.5
Clarifications and Interpretations 9.4
Decisions on Disputes 9.11-9.12
Determinations on Unit Price 9 10
ENGINEER as Initial Interpreter 9.11-9.12
ENGINEER's Responsibilities 9 1-9.12
Article or Paragraph
Number
Article or Paragraph
Number
-Limitations on ENGINEER's Authority and
Responsibilities 9.13
OWNER s Representative 9.1
Project Representative 9.3
Rejecting Defective Work 9.6
Shop Drawings, Change Orders and
Payments 9 7-9.9
Visits to Site 9.2
Unit Price Determinations 9.10 OWNER as fiduciary for insureds
Visits to Site 9.2 . OWNER's Liability
Article or Paragraph
Number
deductible amounts. CONTRACfOR's
responsibility 5 9
Final Application for Payment 14.12
Licensed Insurers 5.3
Notice requirements, material
changes 5.8. 10.50
Option to Replace 5.14
other special insurances 5 10
Written consent required 7 2 9 1 OWNER's Responsibility
Equipment, Labor, Materials and 6 3-6.5 Partial Utilization, Property Insurance
Equipment rental. Cost of the Work 11.4.5.3 Property
Equivalent Materials and Equipment 6 7
Errors or omissions 6.33
Evidence of Financial Arrangements 8 11
Explorations of physical conditions 4.2.1
Fee, CONiRACIOR's-Costs-Plus 11.6
Field Order -
definition of 1 19
issued by ENGINEER 3.6.1, 9.5
Final Application for Payment 14.12
Final Inspection 14.11
Final Payment -
and Acceptance 14.13-14.14
Prior to, for cash allowances 11.8
General Provisions 17.3-17.4
General Requirements-
defintion of 1 20
principal references to 2 6 6 4 6 6.6.7, 6.24
Giving Notice 17.1
Guarantee of Work -by
CONTRACTOR
Hazard Communication Programs
Hazardous Waste -
definition of 1 21
general 4 5
OWNER's responsibility for 8.10
Indemnification 6.12. 6.16, 6.31-6.33
Initially Acceptable Schedules 2.9
Inspection -
Certificates of 9.13.4, 13.5, 14.12
Final 14.11
Special, required by ENGINEER 9 6
Tests and Approval 8.7, 13.3-13.4
Insurance -
Acceptance of, by OWNER 5 14
required by changes
in the Work 11.4.5.9
Before starting the Work 2 7
6 30, 14.12
622
Bonds and -in general 5
Cancellation Provisions 5.8 Limitations on ENGINEER's authority and
Certificates of .. 2.7.5, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5.14,
9.13.4, 14.12
completed operations 5.4.13
CONTRACTOR's Liability 5.4
CONTRACTOR's objection to coverage 5 14
Contractual Liability 5.4.10
5 12-5.13
5.5
8.5
5 15
5 6-5.10
Receipt and Application of Insurance Proceeds .. 5.12-5.13
Special Insurance 5 10
Waiver of Rights 5.11
Intent of Contract Documents 3 1-3.4
Interpretations and Clarifications 3 6 3, 9.4
Investigations of physical conditions 4 2
Labor, Materials and Equipment 6.3-6.5
Lands -
and Easements 8,4
Availability of 4.1, 8.4
Reports & Tests 8.4
Laws and Regulations -Laws or Regulations -
Bonds • 51-5.2
Changes in the Work 10.4
Contract Documents 3 1
CONTRACPOR's Responsibilities 6 14
Correction Period, defective Work 13.12
Cost of the Work, taxes 11.4.5.4
definition of' 1.22
general 6 14
Indemnification 6 31-6.33
Insurance 5.3
Precedence 3.1, 3.3.3
Reference to 33.1
Safety and Protection 6.20, 13.2
Subcontractors, Suppliers and Others 6 8-6.11
Tests and Inspections 13.5
Use of Premises 6 16
Visits to Site 9 2
Liability Insurance-
CONTRRACTOR's 5.4
OWNER's 5.5
Licensed Sureties and Insurers 5.3
Liens -
Application for Progress Payment 14.2
Contractor's Warranty of Title 14.3
Final Application for Payment 14.12
definition of 1 23
Waiver of Claims 14.15
responsibilities 9.t3
Limited Reliance by CONTRACTOR Authorized 4 2 2
Mainh:nance and Operaung Manuals-
FinrJ Application for Payment 14.12
Manuals (of others) -
Precedence 3.3.3.1
Article or Paragraph
Number
331
6.3
14.2
Materials or equipment -equivalent 6.7
Mediation (Optional) 16.7
Milestones ---definition of 1.24
Miscellaneous -
Computation of Times 17.2
Cumulative Remedies 17.4
Giving Notice 17.1
Notice of Claim 17.3
Professional Fees and Court Costs Included 17.5
Muld-prime contracts 7
4.3.2
Reference to in Contract Documents
Materials and equipment --
furnished by CONTRAC1OR
not incorporated in Work
Not Shown or Indicated
Notice of -
Acceptability of Project
Award, definition of
Claim
Defects,
Differing Subsurface or Physical Conditions
Giving
Tests and Inspections
Variation Shop Drawing and Sample
Nctice to Proceed --
definition of
giving of
Notification to Surety
Article or Paragraph
Number
Inspections. tests and approvals 8 7 13.4
Liability Insurance 5.5
Notice of Defects 13.1
Representative -During Construction.
ENGINEER'S Status
Responsibilities -
Asbestos. PCB's, Petroleum, Hazardous
Waste on Radioactive Material
Change Orders
Changes in the Work
communications
CONTRACTDR's responsibilities
evidence of financial arrangements
inspections, tests and approvals
Insurance
lands and easements
14.13 - prompt payment by
1 25
17.3
13.1
4 2.3
17.1
13.3
6.27
1.26
2.3
10.5
Observations, by ENGINEER 6.30.9.2
Occupancy of the Work 5.15. 6.30.2.4, 14.10
Omissions or acts by CONTRACTOR 6.9. 9.13
"Open peril" policy form, Insurance 5 6 2
v, c L [ ptacc
5 14
"Or Equl" Items 6.7
Other wof 7
Overtime Work -prohibition of 6.3
OWNER -
Acceptance of defective Work 13.13
appoint an ENGINEER 8.2
as fiduciary 5 12-5.13
AvaU bility of Lands. responsibility 4 1
d . initi:.in of E.27
fu,,.;af.......................... o......... r44
May Correct Defective Work 13.14
May refuse to make payment 14 7
1: 4y Stop the Work 13.10
may suspend work.
terminate 8 8 13.10. 15.1-15.4
Payment. make prompt 8.3 14.4. 14.13
performance of other Work 7.1
permits and licenses. requirements 6.13
purchased insurance requirements 5 6-5.10
OWNER's-
Acceptance of the Work 6.30.2.5
Change Orders. obligation to
execute 8 6. 10.4
Communications 8.1
Coordinc.Eion of the Work 7.4
Disputes. request for decision 9.11
replacement of ENGINEER
reports and tests
stop or suspend Work 8.8, 13.10. 15.1
terminate CONTRACTOR's services 8 8 15.2
separate representative at site 9.3
independent testing 13.4
tr. er c ctttp: ncy of the
written consent or approval
required 9.1.6.3. 11.4
written notice
required 7.1. 9.4, 9.11, 11.2, 11.9, 14.7, 15.4
91
8 10
>6
10 1
8.1
89
811
8.7
8.5
8.4
8.3
82
8.4
5.15. 14.10
PCBs -
definition of 1.29
ream! 4 5
i ' rs fitICP "c i rk { oasibility for
Partial UtPization--
d'•u_nttion of
general
Property Insurance
Patent Fees and Royalties
10
1.23
6 30.2.4. 1410
5 15
6 12
Payment Bonds 5.1-5.2
Payments. Recommendation of 14.4-14.7, 14.13
Pay nts to CONTtcs-crop and Completion -
Application for Prog-ess Payments 14.2
�?6;'7 1. ro"'..' ' t; e c_ ....o.,...,...o., if 7.
Final ApplicationforPayment 14.12
rig ^t Irspcetion 14.11
Final Payment and Acceptance 14,13 14. t4
g n ral E.3. 14
Partial Utilization 14.10
Retainage 14..2
Review of Applications for Progress
Payments 14.4-14.7
prompt payment 8.3
Schedule of Values 14.1
Substantial Completion 14.8-14.9
Waiver of Claims 14.15
when payments due 14.4. 14.13
withholding payment 14 7
Perfo.mance Bonds 5.1 5 2
Permits 6 13
Article or Paragraph
Number
aetroleum-
definition of 1.30
general 4 5
OWNER's responsibility for 8.10
'hysical Conditions -
Drawings of. in or relating to 4.2.1.2
ENGINEER's review 4.2.4
existing structures 4.2.2
genera) 4 2 1 2
Subsurface and. 4.2
Underground Facilities 4.3
Possible Contract Documents Change 4.2.5
Possible Price and Times Adjustments 4.2.6.
Reports and Drawings 4.2.1
Notice of Differing Subsurface or. 4.2.3
Subsurface and 4.2
Subsurface Conditions 4.2.1.1
Technical Data. Limited Reliance by
CONTRACTOR Authorized 4.2.2
Underground Fac:rltties-
general 4.3
Not Shown or Indicated 4.3.2
Protection of 4.3.6.20
Shown or Indicated 4.3.1
Technical Data 4 2 2
reconstruction Conference 2.8
tdiminary Matters 2
reliminary Schedules 2 6
remises. Use of 6.16-6.18
rice. Change of Contract 11
rice. Contract -definition of 1.11
ragless Payment. Applications for 14.2
-ogress payment-retainage 14.2
-ogress schedule. CONTRACTOR's ..... 2.6. 2.8. 2.96.6,
6.29. 10.4. 15.2.1
eject -definition of 1.31
vject Repsesentative-
ENGINEER's Status During Construction 9.3
ooject Representative. Resident
-definition of 1.33
ompt payment by OWNER 8.3
°petty Insurance
Additional 5.7
general 5.6-5.10
Partial Utilization 5.15, 14.10.2
receipt and application of
proceeds 5.12-5.13
otection. Safety and 6.20-6.21. 13.2
:nch list 14.11
dioactive Material -
definition 1 32
general 4 5
OWNER's responsibility for 8.10
commendation of Payment 14.4. 14 5, 14.13
cord Documents 6.19, 14.12
cords. procedures for maintaining 2.8
ference Points 4.4
ference to Standards and Specifications
)f Technical Societies 3.3
10
Article or Paragraph
Number
Regulations. Laws and (or) 6.14
Rejecting Defective Work 9 6
Related Work -
at Site 7.1-7.3
Performed prior to Shop Drawings
and Samples submittals review 6.28
Remedies cumulative 17.4. 17.5
Removal or Correction of
Defective Work 13.11
rental agreements. OWNER approval
required
replacement of ENGINEER. by OWNER
Reporting and Resolving Discrepancies .... 2
Reports -
and Drawings 4 2.1
and Tests. OWNER's responsibility 8 4
Resident Project Representative -
definition of
provision for
Resident Superintendent, CONTRACTOR's
Responsibilities-
CONTRACTOR's-in general 6
ENGINEER's-in general 9
Limitations on 9.13
OWNER'sein general 8
Retainage 14.2
Reuse of Documents 3.7
Review by CONTRACTOR: Shop Drawings
and Samples Prior to Submittal 6 25
Review of Applications for Progress
Payments 14.4-14.7
Right to an adjustment 10.2
Rights of Way
Royalties. Patent Fees and
Safe Structural Loading
Safety-
4.1
6.12
6.18
•
and Protection 4.3.2. 6.16, 6.18.6.20-6.21, 7.2 13.2
general 6.20-6.23
Representative. CONTRACTOR's 6.21
Samples -
definition of 1.34
general 6.24-6.28
Review by CONTRAL zUR 6 25
Review by ENGINEER 6.26, 6.27
Schedule of progress
Schedule of Shop Drawing and Sample
11.4.5.3
8.2
5.3.3.2.6.14.2
1 33
93
6.2
related Work 6.2
submittal of 6.24.2
submittal procedures 6.25
2.6. 2.8-2.9, 6.6. 6.29. 10.4. 15.2.1
Submittals 2.6. 2.8-2.9. 6.24-6.28
Schedule of Values 2 6, 2.8-2.9 14.1
Schedules -
Adherence to 15.2.1
Adjusting 6.6
Change of Contract Times 10.4
Initially Acceptable 2.8 2.9
Preliminary 2.6
Scope of Changes 10.3-10.4
Subsurface Conditions 4.2 1.1
Shop Drawings -
and Samples. general 6.24-6.28
Change Orders EL Applications for
Payments, and 9 7-9.9
definition of 1 35
ENGINEER's approval of 3.6 2
ENGINEER's responsibility
for review 9.7. 6.24-6.28
elated Work 6.28
review procedures 2.8, 6.24-6.28
submittal required 6.24.1
Submittal Procedures 6.25
use to approve substitutions 6 7 3
Shown or Indicated 4.3.1
Site Access 7.2. 13.2
Site Cleanliness 6.17
Site, Visits to -
by ENGINEER 9.2, 13.2
by others 13.2
"Special causes of loss" policy form. insurance 5.6.2
Specifications-
defutition of 1.36
of Technical Societies. reference to 3.3 1
przedence 3.3.3
St, adards and Specifications of Technical
Societies 3.3
Starting Construction. Before 2.5-2.8
Starting the Work 2.4
Stop or Suspend Works
by CONTRACTOR 15.5
by OWNER 8.8. 13.10, 15.1
Storage of materials and equipment 4 1.7.2
�.ir w€rwf4tt Loading, Szety 6 I8
Subbcontractor-
Goacrtting, 6.€-6.11
definition of 1 37
delays 12 3
waiver of rights 6.11
Subcontractors-tn general 6.8-6 11
Subcontracts --required provisions 5 11, 6.11. 11.4 3
Submfttafs-
Applications for Payment 14.2
1tcrL2nce end O, .,r= n-I Iqf........>...... 14.12.
Ft cx;du;vs 6.25
Prc,:_;t..ss Schedules 2.6. 2.9
S_.., tples 6.24 6.28
Sct:Ault of Values 2.6. 14.1
Sch dule of Shop Drawings and
Samples Submissions 2.6.2.8-2.9
Shop Drawings 6.24-6.28
Substantial Completion -
certification of
definition of
Article or Paragraph
Number
MIS
6.30.2.3. 14.8-14.9
1 38
Substitute Construction Methods or Procedures 6 7 2
Substitutes and "Or Equal" items 6 7
CONTRACTOR's Expense 6.7.1.3
ENGINEER's Evaluation 6.7.3
'Or- ° 1' 6.7.1
Substitute Construction Methods of Pnoccdures 6.7.2
Article or Paragraph
Number
Substitute Items 6.7.1.2
Subsurface and Physical Conditions -
Drawings of. in or relating to 4 2 12.
ENGINEER`s Review 4 2 4
general 4 2
Limited Reliance by CONTRACTOR
Authorized 4.2.2
Notice of Differing Subsurface or
Physical Conditions 4.2.3
Physical Conditions 4.2.1.2
Possible Contract Documents Change 4 2 5
Possible Price and Times Adjustments 4 2 6
Reports and Drawings 4 2 1
Subsurface and 4.2
Subsurface Conditions at the Site 4.2.1.1
Technical Data 4.2.2
Supervision-
CONTRACTOR's responsibility 6.1
OWNER shall not supervise -..8,9
ENGINEER shall not supervise 9.2, 9.13.2
Superintendence 6.2
Superintendent, CONTRACTOR's resident 6.2
Supplemental costs 11.4.5
Supplementary Conditions -
definition of 1.39
principal reference to .... 1.10, 1.18, 2.2, 2.7, 4.2, 4.3, 5.1.
5.3 5.4.5.6-5.9, 5.11. 6.8. 6.13. 7.4. 8.11. 9.3. 9 10
Supplementing Contract Documents 3.6
Supplier -
definition of 1.40
principal references to 3.7, 6.5, 6 8-6.1 f,
6.20, 6.24, 9.13, V 12
V. it,' r of I i6a(s 6.11
Surety
sent to final payment 14.12. 14.14
ENGINEER has no duty to 9.13
Notification of 10.1. 10.5. 15.2
qualification of 5.1-5 3
Survival of Obligations 6,34
Suspend Work OWNER May
Sus . nsion of Work end Termination- 15
CONTRAC IOR May Stop Work or
1310, 15.1
1.
OWNER May Suspend Work 15.1
OWNER May Terror to 15.2-15./
Tar.c:Toyment by CONTRAC.IUR 6 (5
Technical Data -
Limited Reliance by CONTRAC.IUR 4.2.2
Possible Pncc and Times Adjustments 4.2.6
Reports of Differing Subsurface and
Physical Conditions 4.2.3
Temporary construction facilities 4.1
Termination -
by CONTRACTOR 15.5
,by OWNER 8.8, 15.1-15 4
of ENGINEER's employment 8.2
Suspension of Work-in general 15
"lc rcns and Adj ctivc; 3 4
Tests and Inspections -
II
Article or Paragraph
Number
Access to the Work, by others 13.2
CONTRACTOR's responsibilities 13.5
cost of 13.4
covering Work prior to 13.6-13.7
Laws and Regulations (or) 13.5
Notice of Defects 13.1
OWNER May Stop Work 13.10
OWNER's independent testing 13.4
special. required by ENGINEER 9.6
timely notice required 13.4
Uncovering the Work, at ENGINEER's
request 13.8-13.9
Times-- .
Adjusting 6 6
Change of Contract 12
Adjusting 6.6
Computation of 17.2
Contract Turves -definition of 1 12
day 17.72
Milestones 12
Requirements-,
appeals 16
clarifications. claims and
disputes 9.11. 11.2, 12
commencement of contract times 2.3
preconstruction conference 2.8
schedules 2.6. 2.9, 6.6
starting the Work 2.4
Title. Warranty of 14.3
Uncovering Work 13.8-13.9
Underground Facilities. Physical Conditions -
definition of . 1.41
Not Shown or lndicatc ; 4.3.2
protection of 4 3 6.20
Shown or Indicated 4 3 1
Unit Price Work -
claims 11.9.3
definition of 1.42
general 11.9. 14.1. 14.5
Unit Prices --
general 11.3.1
Determination for 9.10
Use of Premises 6.16, 6.18, 6 30.2.4
Utility owners 6.13.6 20, 7.1-7.3, 13.2
•
Article or Paragraph
Number
-Utilization Partial 1.28, 5.15. 6.30, 2.4, 14.10
Value of the Work 11.3
Values. Schedule of 2.6, 2.8-2.9, 14.1
Variations in Work -Minor
Authorized 6.25, 6.27. 9.5
Visits of Site -by ENGINEER 9.2
Waiver of Claims -on Final
Payment 14.15
Waiver of Rights by insured parties 5 11.6.11
Warranty and Guarantee, General -by
CONTRACTOR 6 30
Warranty of Title. CONTRACTOR's 14.3
Work -
Access to 13.2
by others, 7
Granges in the 10
Continuing the. 6.29
CONTRACTOR May Stop Work
or Terminate 15.5
Coordination of 7.4
Cost of the 11.4-11.5
definition of 1 43
neglected by CONTRACTOR 13.14
other Work 7
OWNER May Stop Work 13.10
OWNER May Suspend Work 13.10. 15.1
Related. Work at Site 7173
Starting the 2.4
Stopping by CONTRACTOR 15.5
Stopping by OWNER 15.1-15.4
Variation and deviation authorized,
minor 3.6
Work Change Directive-
ciasas pursuant to 10.2
definition of 144
principal references to 3.5.3, 10.1-10.2
Written Amendment -
definition of 1 45
principal references to ... 1.10. 3.5 5.10. 5.12. 6.6.Z 6.8.2,
6.19, 10.1. 10.4. 11.2. 12.1. 13.12.2. 14.7.2
Written Clarifications and
Interpretations 3 6 3 9 4 9 11"
Written Notice Required -
by CON R 7.1,9.10-9.11, 10.4, 11.2.12.1
by OWNER 9 10-9.11 10.4, 11 2, 13.14
•
•
12
GENERAL CONDITIONS
ARTICLE 1—DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the meanings
indicated which are applicable to both the singular and plural
thereof:
1.1. Addenda —Written or graphic instruments issued prior
to the opening of Bids which clarify, correct or change the
Bidding Requirements or the Contract Documents.
1.2. Agreement The written contract between OWNER
and CONTRACTOR covering the Work to be performed; other
Contract Documents are attached to the Agreement and made
a part thereof as provided therein.
1.3. Application for Payment The form accepted by EN-
GINEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to be accompanied by
such supporting documentation as is required by the Contract
Documents.
1.4. Asbestos —Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health Administration.
1.5. Bid—Thc c:ffer or proposal of the biddli.• submitted on
Lie prescribed form setting forth the pnces for the Work to be
cited.
1.6. Bidding Documents —The advertisement or invitation
to Lid, instructions to bidders. the Cid farm. and the proposed
Contract Documents (including all Addenda issued pnor to
receipt of Bids).
1.7. Bidding Requirements —The advertisement or invita-
tion to Bid, Instructions to hiddcrs, and the Bid form.
I,r. P rzds---.F:tfc;
instruments of security.
d f: ; bC
1.9. Car ge Order —A do:cunient r :cnrnmended by rNTGI-
NEER, which is signed by CONTRACTOR and OWNER and
audiorizes an addition. 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.
1.10. Contract Documents —The Agreement Addenda
(which pertain to the Contract Documents), CONTRAC WR's
Bid (including documentation accompanying the Bid and any
post Bid documentation submitted prior to the Notice of
Award) when attached as an exhibit to the Agreement. the
Notice to Proceed. the Bonds, these General Conditions. the
mentar-y Coruiticros, the Spccilcc. ticns and the Draw-
ings as the same are more specifically identified in the Agree-
ment, together with all Written Amendments. Change Orders,
Work Change Directives. Field Orders and ENGINEER's
written interpretations and clarifications issued pursuant to
paragraphs 3 5.3.6.1. and 3.6 3 on or after the Effective Date
of the Agreement. Shop Drawing submittals approved pursu-
ant to paragraphs 6.26 and 6.27 and the reports and drawings
referred to in paragraphs 4.2.1.1 and 4.2.2 2 are not Contract
Documents.
1.11. Contract Price=the moneys payable by OWNER to'
CONTRACTOR for completion of the Work in accordance
with the Contract Documents as stated in the Agreement
(subject to the provisions of paragraph 11.9.1 in the case of
Unit Price Work).
1.12. Contract Times —The numbers of days or the dates
stated in the Agreement: (i) to achieve Substantial Completion,
and (ti) to complete the Work so that it is ready for final
payment as evidenced by ENGINEER's written recommenda-
tion of final payment in accordance with paragraph 14.13.
1.13. CONTRACTOR --The person, firm or corporation
with whom OWNER has entered into the Agreement.
1.14. defective —An adjective which when modifying the
word Work refers to Work that is unsatisfactory, faulty or
deficient. in that it does not conform to the Contract Docu-
ments. or does not meet the requirements of any inspection,
reference standard. test or approval referred to in the
Contract Documents. or has been damaged prior to ENGi-
NEER's recommendation of final payment (unless responsi-
Li ity for the protection thereof has been assumed by OWNER
at Substantial Completion in accordance with paragraph 14.8
c,;. 14.1C).
1.15. Drawings- The drawings which show the scope,
extent and character of the Work to be furnished and per-
formed by CONTRACTOR and which have been prepared or
approved by ENGINEER and are referred to in the Contract
Documents. Shop drawings are not Drawings as so defined.
1.16. are! e Date of the .,gr eern..
in the Agrcc.. ent on which it becomes
r..itd nir
Lied and
ver.
—The date indicated •
fictive, but if no such
, -r- t!-:vn e,rrZ rmet t t5.
livered by the last of the two parries to sign and
1.17. ENGINEER —The person. firm or corporation named
as such to the Agreement
1.18. ENGiNEER's Consultant —A person, firm or corpo-
ration having a contract with ENGINEER to furnish services
as ENGINEER's independent professional associate or con-
sule.rat with respect to the Project and who is identified as such
in the Supplementary Conditions.
1.19. Field Order —A written order issued by ENGINEER
which orders minor changes in the Work to accordance t. rrt,
panugraph 9.5 but which does not involve a change in the
Contract Price or the Contract Times.
is
1.20. General Requirements —Sections of Division 1 of the
Spccifications.
1.21. Hazardous Waste —The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid Waste
Disposal Act (42 USC Section 6903) as amended from time to
time.
1.22. Laws and Regulations: Laws or Regulations —Any
and all applicable laws. riles. regulations. ordinances. codes
and orders of any and all governmental bodies, agencies,
authorities and courts having jurisdiction.
1.23. Liens —Liens. charges, security interests or encum-
brances upon real property or personal property.
1.24. Milestone --A principal event specified in the Con-
tract Documents rebating toms intermediate completion date or
time prior to Substantial Completion of all the Work.
1.25. Nonce of Award —The written notice by OWNER to
the apparent successful bidderstating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein. within the time specified, OWNER will
sign and deliver the Agreement
1.26. Notice toPraceed—,A written notice given by OWNER
to CONTRACTOR (with a copy to ENGINEER) fixing the
late on which the Contact Tunes will commence to run and on
which CONTRAC'OR shall start to perform CONTRAC-
POR's obligations under the Contract Documents.
1.27. OWNER The public body or authority, corpora -
ion. association, firm or pasties with whom CONTRACTOR
has entered into the Agreement and for whom the Work is to be
i ovided.
1.28. Partial Utilzation 414e by OWNER of a substan-
ially completed partofthe Wbrk for the purpose for which it is
ttended (or a related purpose) pnor to Substantial Completion
all the Work.
1.29. PCBs—Polychlorinarsed biphcnyls.
1.30. PetroteutrtsPetrolewn. including crude oil or any
action thereof which is[quid at standard conditions of
:mperature and pressure (60 degrees Fahrenheit and 14.7
ounds per square inch absolute). such as oil, petroleum, fuel
ii. oil sludge, oil refuse.gasoTire. kerosene. and oil mixed with
Cher non -Hazardous Wastes 20d crude oils.
1.31. Project The total construction of which the Work to
provided under the Contract Documents may be the whole,
a part as indicated elsewhere in the Contract Documents.
1.32 Radioactive Material —Source. special nuclear. or
/product material as defined by the Atomic Energy Act of
►54 (42 USC Section 21)11 et seq.) as amended from time to
ne.
1.33. Resident Project Representative— The authorized
representative of ENGINEER who may be assigned to the site
or any part thereof
1.34. Samples —Physical examples of materials. equipment,
or workmanship that are representative of some portion of the
Work and which establish the standards by which such portion
of the Work will be judged
1.35. Shop Drawings —All drawings, diagrams. illustra-
tions schedules and other data or information which art
specifically prepared or assembled by or for CONTRACTOR
and submitted by CONTRACTOR to illustrate some portion of
the Work.
1.36. Specifications Those portions of the Contract Doc-
uments consisting of written technical descriptions of materi-
als. equipment. construction systems. standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
1.37. Subcontractor —An individual, firm or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the Work
at the site.
1.38. Substantial Completion —The Work (or a specified
part thereof) has progressed to the point where, in the opinion
of ENGINEER as evidenced by ENGINEER's definitive
certificate of Substantial Completion. it is sufficiently com-
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
Work is complete and ready for final payment as evidenced by
ENGINEER'S wntten reconunendation of final payment in
accordance with paragraph 14.13. The terms substantially
complete" and 'substantially completed" as applied to all or
part of the Work refer to Substantial Completion thereof.
1.39. Supplementary Conditions —The part of the Contract
Documents which amends or supplements these General Con-
ditions.
1.40. Supplier —A manufacturer. fabricator. supplier, dis-
tributor, matenalman or vendor having a direct contract with
CONTRACTOR or with any Subcontractor to furnish materi-
als or equipment to be incorporated in the Work by CON-
TRACTOR or any Subcontractor.
1 41. Underground Facilities—AII pipelines,conduits,ducts.
cables, wires, manholes, vaults, tanks tunnels or other such
facilities or attachments. and any encasements containing such
facilities which have been installed underground to furnish any
of the following services or materials: electricity, gases, steam,
liquid petroleum products. telephone or other communica-
tions cable television, sewage and drainage removal. traffic or
other control systems or water.
1.42. Unit Price Work Work to be paid for on the basis of
unit prices.
14
1.43. Work —The entire completed construction or the var-
ious separately identifiable parts thereof required. to be fur-
nished under the Contract Documents. Work includes and is
the result of performing or furnishing labor and furnishing and
incorporating materials and equipment into the construction
and performing or furnishing services and furnishing docu-
ments. all as required by the Contract Documents.
1.44. Work Change Directive --A written directive to CON-
TRACTOR. issued on or after the Effective Date of the
Agreement and signed by OWNER and recommended by
ENGINEER. ordering an addition deletion or revision in the
Work, or responding to differing or unforeseen physical condi-
tions under which the Work is to be performed as provided in
paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23 A
Work Change Directive will not change the Contract Price or
the Contract Times but is evidence that the parties expect that
the change directed or documented by a Work Change Direc-
tive will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect, if
any, on the Contract Price or Contract Times as provided in
paragraph 10.2.
1.45. Written Amendment —A written amendment of the
Contract Documents, signed by OWNER and CONTRACTOR
on or after the Effective Date of the Agreement and normally
dealing with the nonengineering or nontechnical rather than
strictly construction -related aspects of the Contract Docu-
ments.
ARTICLE 2 PRELIMINARY MATTERS
12 I cry cf Bondi:
2.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER, CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRAC. tUR may be required to
furnish in accordance with r %graph 5.1.
S of
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con-
ditions) of the Contract Documents as are reasonably neces-
sary for the execution of the Work. Additional copies will be
furnished upon request. at the cost of reproduction.
Commencement of Contract Times; Notice to Proceed:
2.3. The Contract Times will commence to run on the thirti-
eth day after the Effective Date of the Agreement. or. if a Notice
Proceed is given on the day indicated in the Notice to Proceed.
Notice to Pro rimed may b given at any time within thirty days
after tide Effective Date of the Agreement. in no event will the
Contract Times commence to run later than the sixtieth day after
the day of Bid opening or the thirtieth day after the Effective Date
of the Agreement. whichever date is earlier.
Slatting the Work:
2.4. CONTRAC ZUR shall start to perform the Work on the
date when the Contract Times commence to run. but no Work
shall be done at the site prior to the date on which the Contract
Times commence to run.
Before Starring Construction:
2.5. Before undertaking each part of the Work. CON-
TRAC. LUR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict, error, ambiguity or discrepancy which CONTRAC-
TOR may discover and shall obtain a written interpretation or
clarification from ENGINEER before proceeding with any
Work affected thereby; however. CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report any
conflict. error, ambiguity or discrepancy in the Contract Doc-
uments, unless CONTRACTOR knew or reasonably should
have known thereof.
2.6. Within ten days after the Effective Date of the Agree-
ment (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
the various stages of the Work, including any Milestones
tilted in the Contract Documents;
2.6.2. a preliminary schedule of Shop Droving and Sam-
ple submittals which will list each required submittal and the
times for submitting. reviewing and processing such submit-
tal;
2.6.3. a preliminary schedule of values for all of the
Wore: which will include quantities and pnces of items
ag;regating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the basis
fr arc dunnp F,,,•!;
include an appropriate amount of overhead and profit appli-
cable to each item of Work.
2.7. Before any Work at the site is started. CONTRACTOR
and OWNER shall each deliver to the other. with copies to
each additional insured identified in the Supplementary Condi-
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
required to purchase and maintain in accordance with para-
graphs 5.4. 5.6 and 5.7.
Preconrtruction Conference:
2.8. Within twenty days after the Contract Times start to
run. but before any Work- at the site is started. a conference
15
attended by CONTRACTUR. ENGINEER and others as ap-
propriate will be held to establish a working understanding
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
Payment and maintaining required records.
Initially Acceptable Schedules:
2.9. Unless otherwise provided in the Contract Docu-
ments. at least ten days before submission of the first Applica-
tion for Payment a conference attended by CONTRACTOR.
ENGINEER and others as appropriate will be held to review
for acceptability to ENGINEER as provided below the sched-
ules submitted in accordance with paragraph 2.6. CONTRAC-
TOR shall have an additional ten days to make corrections and
adjustments and to complete and resubmit the schedules. No
progress payment shall be made to CONTRACTOR until the
schedules are submitted to and acceptable to ENGINEER as
provided below. The progress schedule will be acceptable to
ENGINEER as providing an orderly progression of the Work
to completion within any specified Milestones and the Contract
Times, but such acceptance will neither impose on ENGI-
NEER responsibility for the sequencing. scheduling or progress
of the Work nor interfere with or relieve CONTRACTOR from
CONTRACTDR's full responsibility therefor. CONTRACTOR's
schedule of Shop Drawing and Sample submissions will be
acceptable to ENGINEER as providing a workable arrange-
ment for reviewing and processing the required submittals.
CONTRACTOR's schedule of values will be acceptable to
ENGINEER as to form and substance.
ARTICLE 3—CONTRACT DOCUMENTS: INTENT.
AMENDING REUSE
Intent
3.1. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRAC:IUR concerning the
Work. The Contract Documents are complementary; what is
called for by one is as binding as if called for by all The
Contract Documents will be construed in accordance with the
law of the place of the Project.
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereof) to be con-
structed in accordance with the Contract Documents Any
Work. materials or equipment that may reasonably be inferred
from the Contract Documents or from prevailing custom or
trade usage as being required to produce the intended result
will be furnished and performed whether or not specifically
called for. When words or phrases which have a well- known
technical or construction industry or trade meaning are used to
describe Work. materials or equipment such words or phrases
shall be interpreted in accordance with that meaning. Clarifi-
cations and interpretations of the Contract Documents shall be
issued by ENGINEER as provided in paragraph 9.4.
3.3. Reference to Standards and Specifications of Technical
Societies: Reporting and Resolving Discrepancies:
3.3.1. Reference to standards. specifications, manuals or
codes of any technical society, organization or association,
or to the Laws or Regulations of any governmental authority,
whether such reference be specific or by implication. shall
mean the latest standard. specification, manual, code or
Laws or Regulations in effect at the time of opening of Bids
(or on the Effective Date of the Agreement if there were no
Bids), except as may be otherwise specifically stated in the
Contract Documents.
3.3.2. If, during the performance of the Work. CON-
TRACTOR discovers any conflict. error, ambiguity or dis-
crepancy within the Contract Documents or between the
Contract Documents and any provision of any such Law or
Regulation applicable to the performance of the Work or of
any such standard specification, manual or code or of any
instruction of any Supplier referred to in paragraph 6.5,
CONTRACTOR shall report it to ENGINEER in writing at
once and. CONTRACTOR shall not proceed with the Work
affected thereby (except in an emergency as authorized by
paragraph 6.23) until an amendment or supplement to the
Contract Documents has been issued by one of the methods
indicated in paragraph 3.5 or 3.6 provided. however. that
CONTRACTOR shall not be liable to OWNER or ENGI-
NEER for failure to report any such conflict, error, ambigu-
ity or discrepancy unless CONTRACTOR knew or reason-
ably should have known thereof.
3.33. Except as otherwise specifically stated in the
Contract Documents or as may be provided by amendment
or supplement thereto issued by one of the methods indi-
cated in paragraph 3.5 or 3.6, the provisions of the Contract
Documents shall take precedence in resolving any conflict,
error. ambiguity or discrepancy between the provisions of
the Contract Documents and:
3.3.3.1. the provisions of any such standard. speci-
fication. manual. code or instruction (whether or not
specifically incorporated by reference in the Contract
Documents); or
3.3.3.2 the provisions of any such Laws or Regu-
lations applicable to the performance of the Work
(unless such an interpretation of the provisions of the
Contract Documents would result in violation of such
Law or Regulation).
No provision of any such standard. specification. manual.
code or instruction shall be effective to change the duties and
responsibilities of OWNER: CONTRA(: IUR or ENGINEER
or any of their subcontractors consultants. agents or em-
ployees from those set forth in the Contract Documents. nor
shall it be effective to assign to OWNER. ENGINEER or
any of ENGINEER'S Consultants, agents or employees any
duty or authority to supervise or direct the furnishing or
16
performance of the Work or any duty or authority to under-
take responsibility inconsistent with the provisions of para-
graph-9 13 or any other provision of the Contract Docu-
ments.
3.4. Whatever in the Contract Documents the terms "as
ordered." "as directed," "as required." "as allowed." "as
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-
ment of ENGINEER as to the Work. it is intended that such
requirement, direction, review or judgment will be solely to
evaluate, in general, the completed Work for compliance
with the requirements of and information in the Contract
Documents and conformance with the design concept of the
completed Project as a functioning whole as shown or
indicated in the Contract Documents (unless there is a
specific statement indicating otherwise). The use of any such
term or adjective shall not be effective to assign to ENGI-
NEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the provi-
sions of paragraph 9.13 or any other provision of the
Contract Documents.
Loanding and Stippkasenting Cantina Documents:
3.5 The Contract Documents may be amended to provide
for additions. deletions and revisions in the Work or to modify
the terms and conditions thereof in one or more of the following
lays;
2.5.1. 4 foic,„t1 Wr:cic.'< Amcridrttetit,
3.5.2. a CLan arc O„ ier (pursuant to paragraph 10.4), or
3.5.3. a Work Change Directive (pursuant to
paragraph 10.1).
3.6. In addition. the rcquirements of the Contract Docu-
ment; riay be suppler), ttr<, and minor vari t pis and devia-
tions in the Work may be, authorized, in one or more of the
ff.un,:,tinp ways:
3.6.1. a Field Order (pursuant to pa_ ,ph 9.5),.
3.6.2. ENGINEER's approval of a Shop Drawing or
Sample (pursuant to par< .phs 6 26 and 6.27), or
3.6 3. ENGINEER's written interpretation or clarifica-
tion (pursuant to paragraph 9.4).
Reuse of Documet tar:
3.7. CONTRACTOR, and any Subcontractor or Supplier
or other person or orpuuza ion performing or furnishing any of
the Work under a dircoa or indirect contrwt v ith OWNER (i)
shall not have or acquire any title to or ownership rights in any
of the Drawings, Specifications or other documents for copies
of any thereof) prepared by or bearing the seal of ENGINEER
or ENGINEER's Consultant. and (ii) shall not reuse any of
such Drawings Specifications, other documents or copies on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adaption by ENGINEER.
ARTICLE4—AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS
Availability of Lands:
4.1. OWNER shall furnish. as indicated in the Contract
Documents, the lands upon which the Work is to be performed.
rights -of -way and easements for access thereto, and such other
lands which are designated for the use of CONTRACTOR.
Upon reasonable written request. OWNER shall furnish CON-
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
'wing notice of or filing a mechanic's lien against such Lands in
accordance with applicable Laws and Regulations. OWNER
shall identify any encumbrances or restrictions not of general
application but spec ifrcally related to use of lands so furnished
with which CONTRACTOR will have to comply in performing
the Work. Easements for permanent structures or pcmtaneent
changes in existing facilities will be obtained and paid for by
E1\ r i�lx, Cin( S .ic`i;..: pas ,el e itt the Contract Docu-
ments. If CONTRACTOR and OWNER are unable to agree on
entitlement to or the amount or extent of any adjustments to the
Contract Pnce or the Contract Times as a result of any delay in
OWNER s furnishing these lands. rights -of -way or easements,
CONTRACTOR may make a claim therefor as provided in
Articles 11 and 12. CONTRACTOR shall provide for all
additional Lands and amass thereto that may be reaeiired for
tei n(,e.wary construction facilities or stone of met(! ds and
equipment.
4.2, Sulsscface and Physical Con a &„=
4.2.1. Reports and Drawings: Reference is made to the
Supplementary Conditions for identification of:
4.2.1.1. Subsurface Conditions Those reports of explo-
rations and tests of subsurface conditions at or contiguous to
the site that have been utilized by ENGINEER in preparing
the Contract Documents; and
4.2.1.2. Physical Conditions: Those drawings of physical
conditions in or relating to existing surface or subsurface
structures at or contiguous to the site (except Underground
l=<ri'.:ties; tics have t €r utilized by El'NCINEER in prc.par.
ing the Contract Documents.
17
4.2.2. Limited Reliance b, CONTRAC7OR Authorized:
Technical Data: CONTRACTOR may rely upon the general
accuracy of the "technical data" contained in such reports and
drawings, but such reports and drawings are not Contract
Documents. Such 'technical data" is identified in the Supple-
mentary Conditions. Except for such reliance on such "tech-
nical data." CONTRACTOR may not rely upon or make any
claim against OWNER. ENGINEER or and of ENGINEER's
Consultants with respect to:
4.2.2.1. the completeness of such reports and drawings
for CONTRACIOR's purposes. including, but not limited
to, any aspects of the means. methods, techniques. se
quences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs inci-
dent thereto, or
4.2.2.2. other data, interpretations. opinions and infor-
mation contained in such reports or shown or indicated in
such drawings. or
•
4.2.2.3. any CONTRACTOR interpretation of or conclu-
sion drawn from any 'technical data" or any such data,
interpretauons. opinions or information.
4.2.3. Notice of Differing Subsurface or Physical Condi-
tions: If CONTRACTOR believes that any subsurface or
physical condition at or contiguous to the site that is uncovered
or revealed either.
4.2.3.1. is of such a nature as to establish that any
"technical data" on which CONTRACTOR is entitled to
rely as provided in paragraphs 4.2.1 and 4.2.2 is materially
inaccurate. or
4.2.3.2. is of such a nature as to require a change in the
Contract Documents, or
4.2.3.3. differs materially from that shown or indicated in
the Contract Documents. or
4.2.3.4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally recog-
nized as inherent in work of the character provided for in the
Contract Documents: then
CONTRAC:IUR shall. promptly after becoming aware thereof
and before further disturbing conditions affected thereby or
performing any Work in connection therewith (except in an
emergency as permitted by paragraph 6.23), notify OWNER
and ENGINEER in writing about such condition. CONTRAC-
TOR shall not further disturb such conditions or perform any
Work in connection therewith (except as aforesaid) until re-
ceipt of written order to do so.
4.2.4. ENGINEER's Review: ENGINEER will promptly
review the pertinent conditions. determine the necessity of
OWNER's obtaining additional exploration or tests with re-
spcct thereto and advise OWNER in writing (with a copy to
CONTRAC.1OR) of ENGINEER'S findings and conclusions.
4.2.5. Possible Contract Documents Change: If ENGI-
NEER concludes that a change in the Contract Documents is
required as a result of a condition that meets one or more of the
categories in paragraph 4.2.3.. a Work Change Directive or a
Change Order will be issued as provided in Article 10 to reflect
and document the consequences of such change.
4.2.6. Possible Price and Times Adjustments: An equitable
adjustment in the Contract Price or in the Contract Times, or
both, will be allowed to the extent that the existence of such
uncovered or revealed condition causes an increase or de-
crease in CONTRACIOR's cost of, or time required for
performance of the Work subject. however, to the following:
4.2.6.1. such condition must meet any one or more of the
categories described in paragraphs 4.2.3.1 through 4.2.3 4,
inclusive;
4.2.6.2. a change in the Contract Documents pursuant to
paragraph 4.2.5 will not be an automatic authorization of nor
a condition precedent to entitlement to any such adjustment;
4.2.6.3. with respect to Work that is paid for on a Unit
Price Basis. any adjustment in Contract Price will be subject
to the provisions of paragraphs 9.10 and 11.9; and
4.2.6.4. CONTRACTOR shall not be entitled to any
adjustment in the Conuact Price or Times if;
4.2.6.4.1. CONTRACTOR knew of the existence of
such conditions at the time CONTRACTOR made a final
commitment to OWNER in respect of Contract Price and
Contract Times by the submission of a bid or becoming
bound under a negotiated contract; or
4.2.6.4.2. the existence of such condition could r:-
sonably have been discovered or revealed as a result of
any examination. investigation, exploration, test or study
of the site and contiguous areas required by the Bidding
Requirements or Contract Documents to be conducted by
or for CONTRACTOR prior to CONTRACIOR's making
such final commitment' or
4.2.6.4.3. CONTRACTOR failed to give the written
notice within the time and as required by paragraph 4.2.3.
If OWNER and CONTRACTOR are unable to ate on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract Times,
a claim may be made therefor as provided in Articles 11 and 12.
However, OWNER. ENGINEER and ENGINEER's Consult-
ants shall not be liable to CONTRACTOR for any claims,
costs, losses or damages sustained by CONTRACTOR on or in
connection with any other project or anticipated project.
4.3. Physical Conditions —Underground Facilities:
4.3 1. Shown or Indicated: The information and data shown
or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based on
18
information and data furnished to OWNER or ENGINEER by
the owners of such Underground Faciliues or by others Unless it
is otherwise expressly provided in the Supplementary Conditions:
4.3.1.1. OWNER and I;.i •GINEER shall not be respon-
sible for the accuracy or cou letcness of any such informa-
tion or data; and
4.3.1.2. The cost of all of the following will be included in
the Contract Price and CONrrR.ACPOR shall have full respon-
sibihty for. (i) reviewing and checking all such information and
data, (u) locating all Underground Facilities shown or indicated
in the Contract Documents. (iii) coordination of the Wodt with
the owners of such Underground Facilities during construction.
and (iv) the safety and protection of all such Underground
Facilities as provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work.
4.3.2.: Not Shown or Indicated: If an Underground Facility
is uncovered or revealed at or contiguous to the site which was
not shown or indicated in the Contract Documents, CON-
TRACTOR shall, promptly after becoming aware thereof and
before further disturbing conditions affected thereby or per-
forming any Work in connection therewith (except in an
emergency as required by paragraph 6.23). identify the owner
of such Underground Facility and give written notice to that
owner and to OWNER and ENGINEER. ENGINEER will
promptly review the Underground Facility and determine the
extent, if any. to which a change is required in the Contract
Documents to reflect and document the consequences of the
existence of the Underground Facility. If ENGINEER con -
dudes that a change in the Contract Documents is required, a
Work Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document such conse-
SuenE ces During such time, CONTRACTOR shall be re:i on_
sibfe for the safety arid protection of such Under ground Facility
as provided in paragraph 6.20. CONTRACTOR shall be al-
lowed an increase in the Contract Price or an extension of the
Contract Times. or both. to the extent that they art attributable
to the existence of any Underground Facility that was not
shown or indicated in the Contract Documents and that CON-
TRACTOR did not know of and could not reasonably have
ken e meted to be aware of or to have anticipated. if
OWNER and CONTRACTOR are unable to agree on entitle-
remet to or the amount rir !cngth cf any sues .1 rijasP n
Co<itract ?rice or Contract Times, CONTRACTOR may make
a claim therefor as provided in Articles 11 and 12. However.
OWNER, ENGINEER and ENGINEER s Consultants shall
not be liable to CONTRACTOR for any claims. costs. losses or
damages incurred or sustained by CONTRACTOR on or in
connection with any other project or anticipated project.
ence Points:
4.4. OWNER shall provide engineenng surveys to estab-
lish reference points for construction which in ENGINEER's
judgment are necessary to enable CONTRACTOR to proceed
with the Work. CONTRACTOR shall be responsible for laying
oft the Work, shall protect and presene the cstaf 1 ht i
reference points and shall make no changes or relocations
without the prior written approval of OWNER. CONTRAC-
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations. and shall be respon-
sible for the accurate replacement or relocation of such refer-
ence points by professionally qualified personnel.
4.5. Asbestos. PCBs, Petroleum, Harardous Wale or
Radio-
active Material:
4.5.1. OWNER shall be responsiblefor any Asbestos.
PCBs. Petroleum. Hazardous Waste or Radioactive Material
uncovered or revealed at the site which was not shown or
indicated in Drawings or Specifications or identified in the
Contract Documents to be within the scope of the Work and
which may present a substantial danger to persons or property
exposed thereto in connection with the Work at the site.
OWNER shall not be responsible for any such materials
brought to the site by CONTRACTOR, Subcontractor, Suppli-
ers or anyone else for whom CONTRACTOR is ble.
4.5.2. CONTRACTOR shall immediately: (i) stop all
Work in connection with such hazardous condition and in
any area affected thereby (except in an emergency as re-
quired by paragraph 6 23). and (ii) notify OWNER and
ENGINEER (and thereafter confirm such notice in writing).
OWNER shall promptly consult with ENGINEER concern-
ing the necessity for OWNER to retain a qualified expert to
evaluate such hazardous condition or take corrective action.
if any. CONTRACTOR shall not be required to resume Work
in connection with such hazardous condition or in any such
affected area until after OWNER has obtained any required
permits related thereto and delivered to CONTRACTOR
special written notice: (i) specifying that such condition rend
any affected area is or has been tend tee safe for the
resumption of \fork, or (ii) specifying any si sci.tl conditions
under which such Work may be resumed safely. It OWNER
and CONTRACTOR cannot agree as to entitlement to or the
amount or extent of an adjustment, if any. in Contract Price
or Contract Times as a result of such Work stoppage or such
special conditions under which Work is agreed by CON -
MACAW to be resumed. either party may make a claim
Ow, c lot as provided in Articles I 1 and 12.
4 5.3. If after receipt of such snccirl k.'Hurt
Ct ; 1 itAC1Ui do;:s not agree to resume such Wormteased
on a reasonable belief tt is unsafe, or does not avec to
resume such Work under such special conditions, then
OWNER may order such portron of the Work that is in
connection with .such hazardous condition or in such af-
fected area to be deleted from the Work. If OWNER and
CONTRACTOR cannot agree as to entitlement to or the
amount or extent of an adjustment. if any. in Contract Price
or Contract Times as a result of deleting such portion of the
Work, then either party may 'make a claim therefor as
prosidcd in Articles 11 and 12. OWNER may have such
deleted portion of the Work performed by OWNER's own
forces or others in accordance with Article 7.
4.5.4. To the fullest extent permitted by Laws and Pcg-
ulations. OWNER shall indemnify and hold harmless CON-
TRACTOR. Subcontractors. ENGINEER. ENGINEER's
!mice
Consultants and the officers. directors. employees. agents,
other consultants and subcontractors of each and any of
them from and against all claims, costs. losses and damages
arising out of or resulting from such hazardous condition,
provided that: (i) any such claim. cost, Toss or damage is
attributable to bodily injury, sickness, disease or death. or to
injury to or destruction of tangible property (other than the
Work itself), including the loss of use resulting therefrom.
and (ii) nothing in this subparagraph 4.5.4 shall obligate
OWNER to indemnify any person or entity from and against
the consequences of that person's or entity's own nee-
gaice.
4 SS. The provisions of paragraphs 4.2 and 4 3 are not
intended to apply to Asbestos. PCBs. Petroleum, Hazardous
Waste or Radioactive Material uncovered or revealed at the
site.
ARTICLE 5—BONDS AND INSURANCE
ftrfatwwwx, Payment and Other Bonds:
5.1. CONTRACTOR shall furnish Performance and Pay-
ment Bonds, each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CONTRACIOR's obligations under the Contract Doak
rnents. These Bonds shall remain in effect at least until one
year after the date when final payment becomes due, except as
provided otherwise by Taws or Regulations or by the Contract
Documents. CONTRACTOR shall also furnish such other
Bonds as are required by the Supplementary Conditions. All
Bonds shall be in the form prescribed by the Contract Docu-
ments except as provided otherwise by Laws or Regulations,
and shall be executed by such sureties as are named in the
current list of "Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in Circular 570 (amended)
by the Audit Staff, Bureau of Government Financial Opera-
tions. U.S. Treasury Department. All Bonds signed by an
agent must be accompanied by a certified copy of such agent's
authority to act.
5.2. If the surety on any Bond furnished by CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its right to
do business is terminated in any state where any part of the
Project is located or at ceases to meet the requirements of
paragraph 5.1. CONTRACTOR shall within ten days thereafter
substitute another Bond and surety, both of which must be
acceptable to OWNER.
5.3. Licensed Sureties and Insurers; Certificates of Insurance:
5.3.1. All Bonds and insurance required by the Contract
Documents to be purchased and maintained by OWNER or
CONTRACTOR shall be obtained from surety or insurance
companies that are duly licensed or authorized in the juris-
diction in which the Project is located to issue Bonds or
insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such
additional requirements and qualifications as may be pro-
vided in the Supplementary Conditions.
5.3.2. CONTRACTOR shall deliver to OWNER, with
copies to each additional insured identified in the Supple-
mentary Conditions, certificates of insurance (and other
evidence of insurance requested by OWNER or any other
additional ensured) which CONTRACTOR is required to
purchase and maintain in accordance with paragraph 5.4.
OWNER shall deliver to CONTRACTOR. with copies to
each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence of
insurance requested by CONTRACTOR or any other addi-
tional insured) which OWNER is required to purchase and
maintain in accordance with paragraphs 5 6 and 5.7 hereof
COM'RACIOR's Liab lily Insurance:
•
5.4. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide protection
from claims set forth below which may arise out of or result
from CONTRACIOR's performance and furnishing of the
Work and CONTRACIOR's other obligations under the Con-
tract Documents. whether it is to be performed or furnished by
CONTRACTOR. any Subcontractor or Supplier, or by anyone
directly or indirectly employed by any of them to perform or
furnish any of the Work or by anyone for whose acts any of
them may be liable:
5.4.1. claims under workers' compensation, disability
benefits and other similar employee benefit acts;
5.4.2. claims for damages because of bodily injury, oc-
cupational sickness or disease, or death of CONTRAC-
TOR's employees;
5.4.3. claims for damages because of bodily injury, sick-
ness or disease, or death of any person other than CON-
TRACTOR's employees*
5.4.4. claims for damages insured by customary personal
injury liability coverage which are sustained: (i) by any
person as a result of an offense directly or indirectly related
to the employment of such person by CONTRACTOR, or (ii)
by any other person for any other reason:
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:
and
5.4.6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership. maintenance or use of any motor vehicle.
20
The policies of insurance so required by this paragraph 5.4 to
be purchased and maintained shall:
5.4.7. with respect to insurance required by paragraphs
5.4.3 through 5.4.6 inclusive, include as additional insureds
(subject to any customary exclusion in respect of profes-
sional liability) OWNER, ENGINEER. ENGINEER s Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, all of whom shall be listed as
additional insureds. and include coverage for the respective
officers and employees of all such additional insureds;
5.4.8. include the specific coverages and be written for
not less than the limits of liability provided in the Supple-
mentary Conditions or required by Laws or Regulations,
whichever is greater;
5.4.9. include completed operations insurance;
5.4.10. include contractual liability insurance covering
CONTRACTOR s indemnity obligations under paragraphs
6.12, 6 16 and 6.31 through 6.33;
5.4.11. contain a provision or endorsement that the
coverage afforded will not be cancelled, materially changed
or renewal refused until at least thirty days pnor written
notice has been given to OWNER and CONTRACTOR and
to each other additional insured identified in the Supplemen-
tary Conditions to whom a certificate of insurance has been
issued (and the certnficates of insurance furnished by the
CONTRACTOR pursuant to paragraph 5.3.2 will so pro-
vide);
5 4.12. remain in effect at least until final payment and at
all times thereafter when CONTRACTOR may be correct-
inc. removing or ieplacing defective Work in accordance
with paragraph I3.12; and
5.4.13. with respect to completed operations insurance,
and any insurance coverage written on a claims -made basis.
remain in effect for at least two years after final payment
(and CONTRACTOR shall furnish OWNER and each other
additional insured identified in the Supplementary Condi-
titny to whom a certificate of insurance has been issued
evidence satisfactory to OWNER and any such additional
insured of continuation of such insurance at final payment
and otae thercauicr).
OWNER's Liability t rrxc€ante:
5.5. 1n addition to the insurance required to be provided by
CONTRACTOR under paragraph 5.4, OWNER at OWNER's
option, may purchase and maintain at OWNER's expense
OWNER s own liability insurance as will protect OWNER
against claims which may arise from operations under the
Contract Documents.
Prouty Insurunee:
5.6. Unless otherwise provided in the Supplementary Con-
ditions, OWNER shall purchase and maintain property insur-
ance upon the Work at the site in the amount of the full
replacement cost thereof (subject to such deductible amounts
as •may- be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
5.6.1. include the interests of OWNER, CONTRAC-
TOR, Subcontractors, ENGINEER, ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured;
5.6.2. be written on a Builders Risk "all-risk" or open
peril or special causes of loss policy form that shall at least
include insurance for physical loss or damage to the Work.
temporary buildings, falseworic and Work in transit and shall
insure against at least the following perils fire, lightning
extended coverage, theft vandalism and malicious mischief,
earthquake, collapse debris removal, demolition occasioned
by enforcement of Laws and Regulations water danngc
and such other perils as may be specifically required by the
Supplementary Conditions:
5.6.3. include expenses incurred in the repair or replace-
ment of any insured property (including but not limited to
fees and charges of engineers and architects);
5.6.4. cover materials and equipment stored at the site or
at another location that was agreed to in writing by OWNER
prior to being incorporated in the Work, provided that such
materials and equipment have been included in an Applica-
tion for Payment recommended by ENGINEER; and
5.6.5. be imi:i,ra'ned in effect until final ri.yrilent is neetie
unless otherwise agreed to in writing by OWNER, CON-
TRACTOR and ENGINEER with thirty days written notice
to each other additional insured to whom a certificate of
insurance has been issued.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be rc.quir: d by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNra-.
ON 1 Ri ,...Ok,SuL,..cc ntractor.. L.NG NEi R.!<1 K-iNEtri,'.;
Consultants and any other persons or entities identified in the
Supplementary Conditions, etch of v-'hom is deemed to have
an insurable interest and shall be 1•stcd as an insured or
additional insured.
5.8. All the policies of insurance (and the certificates or
other evidence thereof) required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and 5.7
will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has been
given to OWNER and CONTRACIUR and to each other
additional insured to whom a certificate of insurance has been
issued and r ill contain waiver provisions in accotdance e itlr
paragraph 5.11.
21
5.9. OWNER shall not be responsible for purchasing and
namtaining any property insurance to protect the interests of
:ONTRACTOR. Subcontractors or others in the Work to•the
:xtent of any deductible amounts that are identified in the
iupplementary Condiuons. The risk of loss within such iden-
ified deductible •amount, will be borne by CONTRACTOR,
iubcontractor or others suffering any such loss and if any of
hem wishes property insurance coverage within the lirnits of
:uch amounts, each may purchase and maintain it at the
wrchaser's own expense.
5.10. If CONTRACTOR requests in writing that other
:pedal insurance be included in the property insurance policies
n•ovided under paragraphs 5.6 or 5 7. OWNER shall if possi-
)1e, include such insurance. and the cost thereof wall be
:harged to CONTRACTOR by appropriate Change Order or
Written Amendment. Prior to commencement of the Work at
he site, OWNER shall in writing advise CONTRACTOR
whether or not such other insurance has been procured by
)WNER.
;.11. Waiver of Rights:
5.11.1 OWNER and CONTRACTOR intend that all
policies purchased in accordance with paragraphs 5.6 and
5.7 will protect OWNER. CONTRACTOR. Subcontractors,
ENGINEER, ENGINEER's Consultants and all other per-
sons or entities identified in the Supplementary Conditions to
be listed as insuirds or additional insureds in such policies
and will provide primary coverage for all losses and damages
caused by the perils covered thereby. All such policies shall
contain provisions to the effect that in the event of payment
of any loss or damage the insurers wall have no rights of
recovery against any of the insureds or additional insureds
thereunder. OWNER and CONTRACTOR waive all rights
against each other and their respective officers, directors,
employees and agents for all losses and damages caused by,
arising out of or resulting from any of the perils covered by
such policies and any other property insurance applicable to
the Work; and, in addition. waive all such rights against
Subcontractors, ENGINEER, ENGINEER's Consultants
and all other persons or entities identified in the Supplemen-
tary Conditions to be listed as insureds or additional insureds
under such policies for losses and damages so caused. None
of the above waivers shall extend to the rights that any party
making such waiver may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable under any
policy so issued.
5 11.2. In addition, OWNER waives all rights against
CONTRAC,tOR. Subcontractors. ENGINEER. ENGI-
NEER s Consultants and the officers. directors. employees
and agents of any of them. for.
5.11.2.1. loss due to business interruption, loss of use
or other consequential loss extending beyond direct phys-
ical Toss or damage to OWNER's property or the Work
caused by, arising out of or resulting from fire or other
peril. whether or not insured by OWNER; and •
•
22
5.11.2.2. loss or damage to the completed Project or
part thereof caused by, arising out of or resulting from fire
or other insured peril covered by any property insurance
maintained on the completed Project or part Thereof by
OWNER during partial utilization pursuant to paragraph
14.10 after substantial completion pursuant to paragraph
14.8 or after final payment pursuant to paragraph 14.13.
Any insurance policy maintained by OWNER covering any
loss. damage or consequential Toss referred to in this paragraph
5.11.2 shall contain provisions to the effect that in the event of
payment of any such loss. damage or consequential loss the
Insurers will have no rights of recovery against any of CON-
TRACTOR Subcontractors, ENGINEER. ENGIN EER's Con-
sultants and the officers. directors, employees and agents of
any of them.
Receipt and Application of Insurance Proceeds
5.12. Any insured Toss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear. subject to the require-
ments of any applicable mortgage clause and of paragraph 5.13.
OWNER shall deposit in a separate account any money so
received. and shall distribute it in accordance with such agree-
ment as the parties in interest may reach. If no other special
agreement is reached the damaged Work shall be repaired or
replaced. the moneys so received applied on account thereof
and the Work and the cost thereof covered by an appropriate
Change Order or Written Amendment.
5.13. OWNER as fiduciary shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after the
occurrence of loss to OWNER s exercise of this power. If such
objection be made. OWNER as fiduciary shall make settlement
with the insurers in accordance with such agreement as the
parties in interest may reach. If no such agreement among the
parties in interest is reached, OWNER as fiduciary shall adjust
and settle the loss with the insurers and, if required in writing
by any party in interest. OWNER as fiduciary shall give bond
for the proper performance of such duties.
Acceptance of Bonds and Insurance Option to Replace: .
5.14. If either party (OWNER or CONTRACTOR) has any
objection to the coverage afforded by or other provisions of the
Bonds or insurance required to be purchased and maintained
by the other party in accordance with Article 5 on the basis of
non-conformance with the Contract Documents. the objecting
party shall so notify the other party in writing within ten days
after receipt of the certificates (or other evidence requested)
required by paragraph 2.7. OWNER and CONTRACTOR shall
each provide to the other such additional information in respect
of insurance provided as the other may reasonably request. If
either party does not purchase or maintain all of the Bonds and
insurance required of such parry by the Contract Documents
such party shall notify the other party in writing of such failure
to purchase pnor to the start of the Work,•or of such failure to
maintain prior to any change in the required coverage. Without
prejudice to any other right or remedy, the other party may
elect to obtain equivalent Bonds or insurance to protect such
other parry's interests at the .expense of the party who was
required to provide such coverage. and a Change Order shall
be issued to adjust the Contract Price accordingly.
Partial Utilization—Properry insurance:
5A5. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Completion
of all the Work. such use or occupancy may be accomplished in
accordance with paragraph 14.10; provided that no such use or
occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in
writing effected any changes in coverage necessitated thereby.
The insurers providing the property Insurance shall consent by
endorsement on the policy or policies. but the property insur-
ance shall not be cancelled or permitted to lapse on account of
any such partial use or occupancy.
ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1. CONTRACTOR shall supervise. inspect and direct the
Work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be
necessary to perform the Work in accordance with the Con-
tract Documents CONTRACTOR shall be solely responsible
for the means. methods techniques, sequences and procedures
of construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification of a
sp.:trifle means, method. technique. sequence or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents. CONTRACTOR shall be
responsible to see that the completed Work complies accu-
rately with the Contract Documents.
6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent. who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will he CCONTRAC TOR'c repres::neative at the
site and shall have authority to act on behalf of CONTRAC-
TOR. All communications to the superintendent shall be as
binding as if given to CONTRACTOR.
Labor, Materials and Equipment:
6.3. CONTRA.. ILA shall provide competent. suitably qual-
ified personnel to survey. lay out and construct the Work as
required by the Contract Documents. CONTRACTOR shall at
all times maintain good discipline and order at the site. Except
as otherwise required for the safety or protection of persons or
the Work or property ,u the site or adjacent thereto. and except
as otherwise indicated in the Contract Documents. all Work at
the site shall be performed during regular working hours and
CONTRACTOR will not permit overtime work or the perfor-
mance of Work' on Saturday. Sunday or any legal holiday
Without OWNER's written consent given after prior written
notice to ENGINEER.
6.4. Unless otherwise specified in the General Require-
ments. CONTRACTOR shall furnish and assume full respon-
sibility for all materials. equipment. labor transportation, con-
struction equipment and machinery. tools. appliances, fuel.
power. light. heat, telephone. water. sanitary facilities. tempo-
rary facilities and all other facilities and incidentals necessary
for the furnishing. performance, testing. start-up and comple-
tion of the Work.
6.5. All materials and equipment shall be of good quality
and new. except as otherwise provided in the Contract Docu-
ments. All warranties and guarantees specifically called for by
the Specifications shall expressly run to the benefit of OWNER.
If required by ENGINEER, CONTRACTOR shall furnish
satisfactory evidence (including reports of required tests) as to
the kind and quality of materials and equipment. All materials
and equipment shall be applied. installed. connected, erected.
used. cleaned and conditioned in accordance with instructions
of the applicable Supplier. except as otherwise -provided in the
Contract Documents
Progress Schedn•L:
6.6. CONTRACTOR shall adhere to the progress schedule
established in accordance with paragraph 2.9 as it may be
adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall submit to ENGINEER for
zc=ccptance (to the extent indicated in paragraph 2.9) pro-
posed adjustments in the progress schedule that will not
change the Contract Times (or Milestones). Such adjust-
ments will conform generally to the progress schedule then
in effect and additionally will comply with any provisions of
the General Requirements applicable thereto.
6.6.2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall be
submitted in accordance with the requirements of paragraph
17 !. Such a'3iustments m :y only he mode by a Change
Order or Written Amendment in accordance with Article 12.
6.7.
rid "Or-Equ r" Items:
6.7.1. Whenever an item of material or equipment is
specified or described in the Contract Documents by using
the name of a proprietary item or the name of a particular
Supplier. the specification or description is intended to
establish the type. function and quality required Unless the
specification or description contains or is followed by words
reading that no like. equivalent or "or -equal" item or no
substitution is permitted. other items of material or equip-
ment or material or equipment of other Suppliers may be
accepted by ENGINEER under the following circumstances:
23
1.7.1.1. "Or -Equals': If in ENGINEER's sole discre-
tion an item of material or equipment proposed by CON-
TRACTOR is functionally equal to that named and suffi-
ciently similar so that no change in related Work will be
required, it may be considered by ENGINEER as an
'or -equal" item, in which case review and approval of the
proposed item may, in ENGINEER's sole discretion, be
accomplished without compliance with some or all of the
requirements for acceptance of proposed substitute items.
6.7.1.2. Substitute tetra: If in ENGINEER's sole
discretion an item of material or equipment proposed by
CONTRACTOR does not qualify as an "or -equal" item
under subparagraph 6.7.1.1 it will be considered a pro-
posed substitute item. CONTRACTOR shall submit suffi-
cient information as provided below to allow ENGINEER
to determine that the item of matenal or equipment
proposed is essentially equivalent to that named and an
acceptable substitute therefor. The procedure for review
by the ENGINEER will include the following as supple-
mented in the General Requirements and as ENGINEER
may decide is appropriate under the circumstances. Re-
quests for review of proposed substitute items of material
or equipment will not be accepted by ENGINEER from
anyone other than CONTRACTOR. If CONTRACTOR
wishes to furnish or use a substitute item of material or
equipment. CONTRACTOR shall first make written appli-
cation to ENGINEER for acceptance thereof. certifying
that the proposed substitute will perform adequately the
functions and achieve the results called for by the general
design, be similar in substance to that specified and be
suited to the same use as that specified. The application
will state the extent, if any, to which the evaluation and
acceptance of the proposed substitute will prejudice CON-
TRACTOR's achievement of Substantial Completion on
time, whether or not acceptance of the substitute for use in
the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct
contract with OWNER for work on the Project) to adapt
the design to the proposed substitute and whether or not
incorporation or use of the substitute in connection with
the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that
specified will be identified in the application and available
maintenance repair and replacement service will be indi-
cated. The application will also contain an itemized esti-
mate of all costs or credits that will result directly or
indirectly from acceptance of such substitute, including
costs of redesign and claims of other contractors affected
by the resulting change all of which will be considered by
ENGINEER in evaluating the proposed substitute. EN-
GINEER may require CONTRACTOR to furnish addi-
tional data about the proposed substitute.
6.7.1.3. CONTRA. Expense: All data to be
provided by CONTRAC:IUR in support of any proposed
'or -equal ' or substitute item will be at CONTRACTOR's
expense.
6.7.2. Substitute Construction Methods or Procedures: If a
specific means. method. technique. sequence or procedure of
construction is shown or indicated in and expressly required by
the Contract Documents. CONTRACTOR may furnish or
utilize a substitute means. method. technique, sequence or
procedure of construction acceptable to ENGINEER. CON-
TRACTOR shall submit sufficient information to allow ENGI-
NEER in ENGINEER's sole discretion. to determine that the
substitute proposed is equivalent to that expressly called for by
the Contract Documents. The procedure for review by ENGI-
NEER will be similar to that provided in subparagraph 6.7.1.2.
6.7.3. Engineer's Evaluation: ENGINEER will be allowed
a reasonable time within which to evaluate each proposal or
submittal made pursuant to paragraphs 6.7.1 2 and 6.7.2.
ENGINEER will be the sole judge of acceptability. No "or -
equal' or substitute will be ordered, installed or utilized
without ENGINEER's pnor written acceptance which will be
evidenced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to furnish at
CONTRACTOR's expense a special performance guarantee or
other surety with respect to any "or -equal" or substitute.
ENGINEER will record time required by ENGINEER and
ENGINEER's Consultants in evaluating substitutes proposed
or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2
and 6.7.2 and in making changes in the Contract Documents (or
in the provisions of any other direct contract with OWNER for
work on the Project) occasioned thereby. Whether or not
ENGINEER accepts a substitute item so proposed or submit-
ted by CONTRACTOR. CONTRACTOR shall reimburse
OWNER for the charges of' ENGINEER and ENGINEER's
Consultants for evaluating each such proposed substitute item.
Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor, Supplier or other person or organization (including
those acceptable to OWNER and ENGINEER as indicated
in paragraph 6.8.2) whether initially or as a substitute
against whom OWNER or ENGINEER may have reason-
able objection. CONTRACTOR shall not be required to
employ any Subcontractor. Supplier or other person or
organization to furnish or perform any of the Work against
whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions require the iden-
tity of certain Subcontractors, Suppliers or other persons or
organizations (including those who are to furnish the princi-
pal items of materials or equipment) to be submitted to
OWNER in advance of the specified date prior to the
Effective Date of the Agreement tor acceptance by OWNER
and ENGINEER. and if CONTRACTOR has submitted a_
list thereof in accordance with the Supplementary Condi-
tions, OWNER's or ENGINEER's acceptance (either in
writing or by failing to make written objection thereto by the
date indicated for acceptance or objection in the bidding
documents or the Contract Documents) of any such Subcon
tractor. Supplier or other person or organization so identified
may be revoked on the basis of reasonable objection after
due investigation in which case CONTRACTOR shall sub-
mit an acceptable substitute, the Contract Price will be
adjusted by the difference in the cost occasioned by such
•
24
substitution and an appropriate Change Order will be issued
or Written Amendment signed. No acceptance by OWNER
or ENGINEER of any such Subcontractor, Supplier Qf other
person or organization shall constitute a waiver of any right
of OWNER or ENGINEER to reject defective Work.
6.9.1. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers and other persons and organiza-
tions performing or furnishing any of the Work under a direct
or indirect contract with CONTRACTOR just as CON-
TRACIUR is responsible for CONTRACIUR's own acts
and omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor, Supplier or
other person or organization any contractual relationship
between OWNER or ENGINEER and any such Subcon-
tractor, Supplier or other person or organization, nor shall it
create any obligation on the part of OWNER or ENGI-
NEER to pay or to see to the payment of any moneys due
any such Subcontractor, Supplier or other person or organi-
zation except as may otherwise be required by Laws and
Regulations
6.9.2. CONTRACTOR shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers and other persons and organizations performing or
furnishing any of the Work under a direct or indirect contract
with CONTRACTOR. CONTRACTOR stall require all Sub-
contractors, Suppliers and such other persons and organiza-
tions performing or furnishing any of the Work to communi-
cate with the ENGINEER through CONTRACTOR.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade.
6.11. All Work performed for CONTRACTOR by a Sub-
contractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor or
Supplier which specifically binds the Subcontractor or Supplier
to the applicable terms and conditions of the Contract Docu-
ments for the benefit of OWNER and ENGINEER. Whenever
any such t:s cement is with a Subcontractor or Supplier who is
listed as an additional insured on the property insurance
p-rYV:rz .1 in rarsxr,.tf,h S.( or 5.1. the : erre rr,imnt between the
CONTRACTOR and the Subcontractor or Supplier will con-
tain provisions whereby the Subcontractor or Supplier waives
al[ nghts against OWNER, CONTRACTOR, ENGINEER,
ENGINEER s Consultants and all other additional insureds for
all losses and damages caused by. ansing out of or resulting
from any of the perils covered by such policies and any other
property insurance applicable to the Work. If the insurers on
any such policies require separate waiver forms to be signed by
any Subcontractor or Supplier. CONTRAC IUR will obtain the
same.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and royal-
ties i nd assume all costs incidc ref. to the use in the perfo ina.rnce
of the Work or.the incorporation in the Work of any invention,
design, process product or device which is the subject of
patent rights or copyrights held by others. If a particular
invention, design, process, product or device is specified in the
Contract Documents for use in the performance of the Work
and if to the actual knowledge of OWNER or ENGINEER its
use is subject to patent rights or copyrights calling for the
payment of any license fee or royalty to others, the existence of
such rights shall be disclosed by OWNER in the Contract
Documents. To the fullest extent permitted by Laws and
Regulations. CONTRACTOR shall indemnify and hold harm-
less OWNER. ENGINEER. ENGINEER'S Consultants and
• the officers. directors, employees agents and other consultants
of each and any of them from and against all claims, costs,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the use in
the performance of the Work or resulting from the incorpora-
uon in the Work of any invention, design, process. product or
device not specified in the Contract Documents.
6.13. Unless otherwise provided in the Suppkmentary
Conditions, CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR. when necessary, in obtaining such penults and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Wo,-k,
which are applicable at the time of opening of Bids, or, if there
are no Bids, on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for connec-
tions to the Work, and OWNER shall pay all charges of such
utility owners for capital costs related thereto such as plant
investment fees.
Regv. roar:
6.14.1. CONTRACTOR shall give all notices and comply
with all Laws and Regulations applicable to furnishing and
performance of the Work. Except where otherwise expressly
required by applicable Laws and Regulauons, neither OWNER
nor ENGINEER shall be responsible for monitoring CON-
TR/ CTOR's compliance with any Laws or Regulations.
2. !f r'r0NTR/,t...IOR rerforms any Work knowing
or having reason to know that it is contrary to Laws or
Regulations, CONTRACTOR shall bear all claims, costs,
losses and damages caused by, ansing out of or resulting
therefrom however. it shall not be CONTRACTOR'S pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with Laws and Regulations,
but this shall not relieve CONTRACTOR of CONTRAC-
TOR's obligations under paragraph 3.3.2.
Taxes:
6.15. CONTRACTOR shall pay all sales. consumer, use
and other similar taxes required to be paid by CONTRACT IUR
in accordance with the Laws and Regulations of the place of
25
the Project which arc applicable during the performance of the
Work.
Use of Premises:
6.16. CONTRACTOR shall confine construction equip-
ment, the storage of materials and equipment and the opera-
tions of workers to the site and land and areas identified in and
permitted by the Contract Documents and other land and areas
permitted by Laws and Regulations. rights -of -way, permits and
easements, and shall not unreasonably encumber the premises
with construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any dam-
age to any such land or area or to the owner or occupant
thereof or of any adjacent land or areas. resulting from the
performance of the Work. Should any claim be made by any
such owner or occupant because of the performance of the
Work, CONTRACTOR shall promptly settle with such other
party by negotiation or otherwise resolve the claim by arbitra-
tion or other dispute resolution proceeding or at law. CON-
TRACTOR shall, to the fullest extent permitted by Laws and
Regulations, indemnify and hold harmless OWNER. ENGI
NEER, ENGINEER's Consultant and anyone directly or
indirectly employed by any of them from and against all claims,
costs, losses and damages arising out of or resulting from any
claim or action. legal or equitable. brought by any such owner
or occupant against OWNER. ENGINEER or any other party
indemnified hereunder to the extent caused by or based upon
CONTRACTOR's performance of the Work
6.17. During the progress of the Work. CONTRACTOR
shall keep the premises free from accumulations of waste
materials rubbish and other debris resulting from the Work. At
the completion of the Work CONTRA( FUR shall remove all
waste materials. rubbish and debris from and about the pre
miles as well as all tools appliances. construction equipment
and machinery and surplus materials. CONTRACTOR shall
leave the site clean and ready for occupancy by OWNER at
Substantial Completion of the Work. CONTRACTOR shall
restore to original condition all property not designated for
alteration by the Contract Dxxuments.
6.18. CONTRACTOR shall not Toad nor permit any part of
any structure to be loaded in any manner that will endanger the
structure, nor shall CONTRACTOR subiect any part of the
Work or adjacent propertyto stresses or pressures that will
endanger it
Record Documents:
6.19. CONTRACTOR shall maintain in a safe place at the
site one record copy of all DrN ings. Srcifications. Addenda.
Written Amendments Change Osiers. \fork Change Direc-
tives. Field Orders and written interpretations and clarifica-
tions (issued pursuant to par-.u:raph ° =I in good order and
annotated to show all changes made Junng construction
These record doce..nents together v. ith all approved Samples
and a counterpart of all approved Sh.'p Drawings will be
available to ENGINEER for reference. Upon completion of
26
the Work. these record documents. Samples and Shop Draw-
ings will be delivered to ENGINEER for OWNER.
Safety aed Protection:
6.20. CONTRACTOR shall be responsible for initiating,
maintaining and super::sing all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall take
all necessary precautions for the safety of,and shall provide
the necessary protection to prevent damage. injury or loss to:
6.20.1. all persons on the Work site or who may be
affected by the Work:
6.20.2. ' all the Work and materials and equipment to be
incorporated therein. whether in storage on or off the site;
and
6.20.3. other property at the site or adjacent thereto,
including trees. shrubs, lawns, walks, pavements, roadways,
structures. utilities and Underground Facilities not desig-
nated for removal. relocation or replacement in the course of
construction.
CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for safety of
persons or property or to protect them from damage, injury or
Toss; and shall erect and maintain all necessary safeguards for
such safety and protection. CONTRACTOR shall notify own-
ers of adjacent property and of Underground Facilities and
utility owners when prosecution of the Work may affect them,
and shall cooperate with them in the protection removal
relocation and replacement of their property. All damage
injury or Toss to any property referred to in paragraph 6.20.2 or
6.20.3 caused, directly or indirectly, in whole or in part, by
CONTRACTUR. any Subcontractor, Supplier or any other
person or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, shall be remedied by
CONTRACTOR (except damage or loss attributable to the
fault of Drawings or Specifications or to the acts or omissions
of OWNER or ENGINEER or ENGINEER's Consultant or
anyone employed by any of them or anyone for whose acts any
of them may be liable, and not attributable. directly or indi-
rectly, in whole or in part, to the fault or negligence of
CONTRACTOR or any Subcontractor, Supplier or other per-
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
all the Work is completed and ENGINEER has issued a notice
to OWNER and CONTRACTOR in accordance with para-
graph 14.13 that the Work is acceptable (except as otherwise
expressly provided in connection with Substantial Comple-
tion).
Safety Representatire:
•
6.21. CONTRAC.IUR shall designate a qualified and expe-
rienced safety representative at the site whose duties and
responsibilities shall be the prevention of accidents and the
maintaining and supervising of safety precautions and pro-
grams.
Hazard CommiwF n Programer:
6.22. CONTP..ACIOR shall be responsible for coordin.
any exchange of material safety data sheets or other hazard
communication information required to be made available to or
exchanged between or among employers at the site in accor-
dance with Laws or Regulations.
Emergencies:
6.23. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or au-
thorization from OWNER or ENGINEER, is obligated to
act to prevent threatened damage, injury or Toss. CON-
TRACTOR shall give ENGINEER prompt wntten notice if
CONTRACTOR believes that any significant changes in the
Work or variations from the Contract Documents have been
caused thereby. If ENGINEER determines that a change in •
the Contract Documents is required because of the action
taken by CONTRACTOR in response to such an emergency,
a Work Change Directive or Change Order will be issued to
document the consequences of such action.
6.24. Shop Drawings and Samples:
6.24.1. CONTRACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawings and Sample submittals
(see paa graph 2.9). All submittals will be identified <s
ENGINEER may require and in the number of copies
specified in the General Requirements. The data shown on
the Shop Drawings will be complete with respect to quanti-
ties, dimensions. specified performance and design criteria,
materials and similar data to show ENGINEER the materi-
als and equipment CONTRACTOR proposes to provide and
to enable ENGINEER to review the information for the
limited purposes required by paragraph 6.26.
6.24.2 COTNNTRA.CIUR shall also submit Samples to
ENGINEER for review and approval in accoruancc with
said accepted schedule of Shop Drawings and Sample sub-
mittals. Each Sample will be. identified clearly as to material,
Supplier pertinent data such as catalog numbers and the use
for which intended and otherwise as ENGINEER may
require to enable ENGINEER to review the submittal for
the limited purposes required by paragraph 6.26. The num-
bers of each Sample to be submitted will be as specified in
the Specifications
6.25. Submittal Procedures:
6.25.1. Before submitting each Shop Draw ng or Sam-
ple, CONTRACTOR shall have determined and verified:
•
6.25.1.1. all field measurements, quantities, dimen-
sions, specified performance criteria, installation require-
ments, materials, catalog numbers and similar information
with respect thereto,
6.25.1.2. all materials with respect to intended use,
fabrication, shipping, handling, store ;E , assembly and
installation pertaining to the performance of the Work, and
6.25.1.2. all information relative to CONTRACTOR's
sole responsibilities in respect of means, methods tech-
niques, sequences and procedures of construction and
safety precautions and prag-znis incident thereto.
CONTRACTOR shall also have reviewed and coordinated
each Shop Drawing or Sample with other Shop Drawings
and Samples and with the requirements of the Work and the
Contract Documents.
6.25.2. Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied CON-
TRACTOR's obligations under the Contact Documents with
respect to CONTRACTOR S review and approval of that
submittal.
•
6.25.3. At the time of each submission, CONTRACTOR
shall give ENGINEER specific written notice of such vari-
ations, if any that the Shop Drawing or Sample submitted
may have from the requirements of the Contract Documents
such notice to be in a written communication separate from
the submittal; and, in addition, shall cause a specific notation
to be made on each Shop Drawing and Sample submitted to
ENGINEER for review and approval of each such variation.
6.26. ENGINEER will review and approve Shop Drawings
and Samples in accordance with the schedule of Shop Draw-
ings cud Sample submittals accepted by ENGINEER as re-
quired by paragraph 2.9. ENGINEER s review and approval
will be only to determine if the items covered by the submittals
will, after installation or incorporation in the Work, conform to
the information given in the Contract Documents and be
compatible with the design concept of the completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER's review and approval will not extend to means,
methods, techniques, sequences or procedures of construction
(except where a particular means, method, tecir,ique, se-
a or pn. `Ldure of construction it: specifc -Ily and ex-
pressly called for by the Contract Documents) or to safety
precautions or programs incident thereto. The review and
app€oval ofa separate item as such will not indicate approval of
the Esscmbly in which the item functions. CONTRACTOR
shall make corrections required by ENGINEER, and shall
return the required number of corrected copies of Shop Draw-
ings and submit as required new Samples for review and
approval. CONTRACTOR shall direct specific attention in
writing to revisions other than the corrections called for by
ENGINEER on previous submittals.
6.27. ENGINEER's review and approval of Shop Draw-
ings or Samples shall not relieve CONTRACTOR from respon-
sibility for any variation from the requirements of the Contract
)oannarts unless CONTRACTOR has in writing called EN-
3INEER's attention to each such variation at the time of
aibmission as required by paragraph 6.25.3 and ENGINEER
us given written approval of each such variation by specific
written notation thereof incorporated in or accompanying the
Shop Drawing or Sample approval; nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility for
=omplying with the requirements of paragraph 6.25.1
6.28. Where a Shop Drawing or Sample is required by the
Contract Documents or the schedule of Shop Drawings and
Sample submissions accepted by ENGINEER as required by
oaragraph 2.9, any related Work performed prior to ENGI-
NEER's review and approval of the pertinent submittal will be
at the sole expense and responsibility of CONTRACTOR
Continuing the Work
6.29. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements, except as
permitted by paragraph 15.5 or as OWNER and CONTRAC-
TOR may otherwise agree in writing.
[30. COIVTR.4C OR's General Warranty and Guarantee:
6.30.1. CONTRACTOR warrants and guarantees to
OWNER. ENGINEER and ENGINEER's Consultants that
all Work will be in accordance with the Contract Documents
and will not be defective. CONTRACTOR's warranty and
guarantee hereunder excludes defects or damage caused by
6.30.1.1. abuse. modification or improper maintenance
or operation by persons other than CONTRACTOR, Sub-
contractors or Suppliers; or
6.30.1.2. normal wear and tear under normal usage.
6.30.2. CONTRACTOR's obligation to perform and com-
plete the Work in accordance with the Contract Documents
shall be absolute. None of the following will constitute an
acceptance of Work that is not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work in accordance with the Contract
Documents:
6.30.2.1. observations by ENGINEER;
6.30.2.3. recommendation of any progress or final
payment by ENGINEER;
•
6.30.2.3. the issuance of a certificate of Substantial
Completion or any payment by OWNER to CONTRAC-
TOR under the Contract Documents;
6.30 2.4. use or occupancy of the Work or any part
thereof by OWNER;
6.30.2.5. any acceptance by OWNER or any failure to
do so; -
6.30.2.6. any review and approval of a Shop Drawing
or Sample submittal or the issuance of a notice of accept-
ability by ENGINEER pursuant to paragraph 14.13;
6.30.2.7. any inspection, test or approval by others; or
6.30.2.8. any correctionofdejective Work by OWNER.
-Indemnification:
6.31. To the fullest extent permitted by Laws and Regula-
tions, CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER s Consultants and the
officers directors, employees, agents and other consultants of
each and any of them from and against all claims, costs, losses
and damages (including but not limited to all fees and charges
of engineers. architects, attorneys and other professionals and
all court or arbitration or other dispute resolution costs) caused
by, arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage: (i) is
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the
Work itself), including the loss of use resulting therefrom, and
(ii) is caused in whole or in part by any negligent act or
omission of CONTRACTOR, any Subcontractor, any Supplier.
any person or organization directly or indirectly employed by
any of them to perform or furnish any of the Work or anyone
for whose acts any of them may be liable, regardless of whether
or not caused in part by any negligence or omission of a person
or entity indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations regard -
lets of the negligence of any such person or entity.
6.32. In any and all claims against OWNER or ENGI-
NEER or any of their respective consultants, agents. officers,
directors or employees by any employee (or the survivor or
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
furnish any of the Work, or anyone for whose acts any of them
may be liable, the indemnification obligation under paragraph
6.31 shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable
by or for CONTRACTOR or any such Subcontractor Supplier
or other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts.
6.33. The indemnification obligations of CONTRA(; tOR
under paragraph 6.31 shall not extend to the liability of ENGI-
NEER and ENGINEER's Consultants. officers, directors,
employees or agents caused by the professional negligence,
errors or omissions of any of them.
Survival of Obligations:
6.34. All representations. indemnifications, warranties and
guarantees made in, required by or given in accordance with
28
the Contract Documents. as well as ail continuing obligations
indicated in the Contract Documents will survive final pay-
ment, completion and acceptance of the 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's 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 (ii) CONTRAC-
TOR may make a claim therefor as provided in Articles 1 I
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
access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and the
execution of such other work and shall properly connect and
coordinate the r.r'orl with theirs. Unless otherwise provided
in the Contract Documents, CONTRACTOR shall do all
cutting, fining and patching of the Work that may be required
to make its several parts 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
Were are comparable provisions for the bcrefit 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
CONTRACTOR's Work depends upon work performed by
others under this Article 7. CONTRACTUR shall inspect such
other work and promptly report to ENGINEER in writing any
delays defects or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results
of CONTRACIUR's Work. CONTRAC;IUR's failure so to
report will constitute an acceptance of such other work as fit
and proper for integration with CONTRACTOR s Work except
for latent or nonapparent defects and deficiencies in such other
v rit.
Coordination:
7.4. If OWNER contracts with others for the performance
of other work on the Project at the site, the following will be set
forth in Supplementary Conditions:
7.4.1. the person, firrn or corporation who will have
authority and responsibility for coordination of the activities
among the various prime contractors will be identified;
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 against 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-
rncits to CONTR/CIUR promptly then they are due Ls
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 tests of
subsurface conditions at the sic =.nd drawingof physical
conditions in existing structures at or wtuiguous to the site that
have been utilized by ENGINEER in preparing, the Contract
8.5. OWNER's responsibilities in respect of putel.asing
and maintaining liability and property insurance are 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
si. spend Work. see paragraphs 13.10 and 15.1. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstance.
29
8.9. The OWNER shall not supervise, direct or have
control or authority over, nor be responsible for. CONTRAC-
TOR's means methods. techniques. sequences or procedures
of constructton or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the furnishing or perfor-
mance of the Work. OWNER will not be responsible for
CONTRACIOR'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 authority 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.
Visits 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 progress 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 the Contract Documents. EN-
GINEER will not be required to make exhaustive or continu-
ous on -site inspections to check the 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 are subject to all the
limitations on ENGINEER s authority and responsibility set
forth in paragraph9.13 and particular'). but without limitation.
dunng or as a result of ENGINEER's on -site visits or
•
observations of CONTRAL IUR's Work ENGINEER will not
supervise, direct, control or have authority over or be respon-
sible for CONTRAC. , means. methods, techniques se-
quences 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 the Work.
Project Representative:
9.3. If OWNER and 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 thereon 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 the 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 written 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 clarificattons 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 parties 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.
Authorized 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
CONTRAC. tUR who shall perform the Work involved promptly.
If OWNER or CONTRACTOR believes that a Field Order
justifies an adjustment in the Contract Price or the Contract
Times and the parties are unable to agree as to the amount or
extent thereof OWNER or CONTRAC IUR may make a
written claim therefor as provided in Article 1 I or 12.
Rejecnng Defective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective, or
30
that ENGINEER believes will not produce a completed Project
that conforms to the Contract Documents or that will prejudice
the 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 Drawings, Change Orders and Payments:
9.7. In connection with ENGINEER's authority as to
Shop Drawings and Samples, see paragraphs 6.24 through 6.28
inclusive.
9.8. In connection with ENGINEER'S authority as to
Change Orders, see Articles 10 11 and 12.
9.9. In connection with ENGINEER'S authority as• to
Applications for Payment. see Article 14.
Determinations for Unit Prices:
•
9.10. ENGINEER will determine the actual quantities and
classifications of Unit Price Work performed by CONTRAC-
TOR. ENGINEER will review with CONTRACTOR 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 anflics
accordance with the procedures set forth in Exhibit GC -A.
"Dispute Resolution Agreement." entered into between
OWNER and CONTRACTOR pursuant to Article 16. or (ii) if
no such Dispute Resolution Agreement has been entered into
a formal proceeding is instituted by the appealing party in a
forum of competent jurisdiction to exercise such rights or
rendics as .the appealing party may have with respect to
ENGINEER's decision unless otherwise agreed in wnting by
OWNER and CONTRACAUR. Such appeal will not be subject
to the procedures of p:ar•^'pph 9.11.
D cis as on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims. disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and
Claims under Articles II and 12 in respect of changes in the
Contract Price or Contract Times will be referred initially to
ENGINEER in writing with a request for a formal decision in
accordance with this paragraph Written notice of each such
claim. dispute oro,hct matter will be delivered by the claimant
to ENGINEER and the other party to the Agreement promptly
(but in no event later than thirty days) after the start of the
occurrence or event giving rise thereto, and written supporting
data will be 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 matter 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 procedures set forth in EXHIBIT GC -A, ' Dispute Reso-
lution Agreement." entered into between OWNER and CON-
TRACTOR 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 nghts 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 CONTRAC. tUR and will not be liable in
conncction with any interpretation or decision reridcrcd 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 OWNFTR 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 m i.nc pursuant to Article 16
9.13. limitations on ENG!NEER's Arretority 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 responsibility or the undertaking, exercise or performance
of anv authority or responsibility by ENGINEER shall
create. impose or give rise to any duty owed by ENGINEER
to CONTRAC TOR. any Subcontractor. any Supplier, any
other person or organization. or to any surety for or em-
ployee or agent of any of them.
31
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.
19.13.3. 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
Hance 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.
\RTICLE 10—CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without
iotice to any surety. OWNER may. at any time or from time
o time, order additions. deletions or revisions in the Work.
iuch additions, deletions or revisions will be authonzed 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 CONTRALIUR are unable to agree
s to'the extent if any, of an adjustment in the Contract Price
ran 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 II or Article 12.
10.3. CONTRACTOR shall not be entitled to an increase in
ie 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
ncovering Work as provided in paragraph 13.9.
32
10.4. OWNER and CONTRAC!UR shall execute appro-
priate Change Orders recommended by ENGINEER (or Writ-
ten Amendments) covering:
10.4.1. changes in the Work which are (i) ordered by
OWNER pursuant to paragraph 10.1, (it) 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 are agreed to by the parries; 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 I I;
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 carry 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 Pnce 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 1 I —CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compensa-
tion (subject to authonzed adjustments) payable to CON-
TRACTOR for performing the Work. All duties responsibili-
ties and obligations assigned to or undertaken by CONTRACTOR
shall be at CONTRACTOR's expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment Any claim for an adjust-
ment in the Contract Price 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 start of the occurrence or event giving rise to the
claim and stating the general nature of the claim. Notice of the
amount of the claim with supporting data shall be delivered
within sixty days after 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 9.11 if OWNER
and CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract Price will
be valid if not submitted in accordance with this paragraph
11.2.
11.3. The value of any Work covered by a Change Order or
of any claim for an adjustment in the Contract Price will be
determined 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 quantities 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);
11.3.3. 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
basis of the Cost of the Work (determined as provided in
paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for
overhead and profit (determined as provided in paragraph
11.6).
Cost of the Work
11.4. The term Cost of the Work means the sum of all costs
necessarily incurred and paid by CONTRACTOR in the proper
performance of the Work. Except as otherwise may be agreed
to in writing by OWNER, such costs shall be in amounts no
hincer than those prevailing in the locality of thc Project, shall
include only the following items and shall not include any of the
costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work under
schedules of job classifications agreed upon by OWNER and
CONTRACTOR. Such employees shall include without Tim
ir? i)r strperintervien s, foremen and other personnel em
played full- time at the site. Payroll costs for employees not
employed full time on the Work shall be apportioned on the
tl c it time sp,,:iut on the Worst. Pa gels costs shall
include, but not be limited to, salaries and wages plus the
cast 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 be included in
the above to the extent authorized by OWNER.
11.4.2. Cost of all materials aryl 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 v'ith CON -
,ACTOR with which to mate payments. in which case 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-
TRAC 1UR shall make provisions so that they may be
obtained.
11.4.3. Payments made by CONTRACTOR to the Sub-
contractors for Work performed or furnished 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 CONTRACTOR's em-
ployees incurred in discharge of duties connected with the
Work.
11.4.5.2. Cost, including transportation and mainte-
r .nc; , of all matcnals, supplies, equipment, machinery,
appliances, office and temporary facilities at the site and
band tcorls not owned by the workers, which are con-
sumed in thc 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
nt2chinery and the parts thereof whether rented from
CONTRACTOR or others in accord: nee with rental aryc.e
ments approved by OWNER t•;it!t tr i ;: of El C!
INIEER, and the costs of transportation, loading, unload
ing, installation, dismantling and removal thereof —all in
accordance with the terns of said rental agreen.cnts. Tne
rental of any such equipment, machinery or parts shall
cease when the use thereof is no longer necessary for the
Work.
11.4.5.4. Sales, consumer, use or similar taxes related
to the Work. and for which CONTRACTOR is liable
imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negli-
gence of CONTRACTOR, any 'subcontractor or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable and royalty
payments and fees for permits and licenses
11.4.5 6. Losses and damages (and related expenses)
caused by damage to the Work. not compensated by
insurance or otherwise, sustained by CONTRACTOR in
connection with the performance and furnishing of the
Work (except losses and damages within the deductible
amounts of property insurance established by OWNER in
accordance with paragraph 5.9), provided they have re-
sulted from ca Kiss 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 them 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 CONTRACTOR'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 pctty cash items in connection with
the Work.
11.4.5.9. Cost of premiums for additional Bonds and
insurance required because of changes in the Work
11.5. The term Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compensation of CON-
TRACTOR 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,
clerks and other personnel employed by CONTRACTOR
whether at the site or in CONTRACTOR's pnncipal 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 CONTRACTOR's principal and
branch offices other than CONTRA(. IUR's office at the site
11.5.3. Any part of CONTRACTOR's capital expenses,
including interest on CONTRA(. IUR s capital employed for
the Work and charges against CONTRACTOR for delin-
quent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRAC IUR is required by the
Contract Documents to purchase and maintain the same
(except for the cost of premiums covered by subparagraph
11.4.5.9 above).
11.5.5. Costs due to the negligence of CONTRAC-
TOR, any Subcontractor, or anyone directly or indi-
rectly employed by any of trim 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 general expense costs of any kind
and the costs of any item not specifically and expressly
included in paragraph 11.4.
11.6. The CONTRACTOR'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 are
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 fee 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-
TRACTOR to OWNER for any change which results in a
net decrease in cost will be the amount et !tic actual net
decrease in cost plus a deduction in CONTRAC R)R'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 CONTRA(; IUR's
fee 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 11.5. CONTRACIOR 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 the 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:
11.8.14.' the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of matenals 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 actual
• amounts due CONTRACTOR on account of Work covered by
allowances. and the Contract Price shall be correspondingly
adjusted.
11.9. Unit Pete. Worst:
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially the
Contract Price will be deemed to include for all Unit Price
Work an amount equal to the sum of the established unit
price for each separately identified item of Unit Price Work
times the estimated quantity of each item as indicate/1 in the
itc.rternelit. 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
an-c aut considered by CONTRAC.IOR to be adequate to
cover CONTRAC:IUR's overhead and profit for each sepa-
l' rtidct ti 3 ci ir' fn.
11.9.3. OWNER or CONTRACTOR may make a claim
for an adjustment in the Contract Price in accordance with
Article 1I if:
11.9.3.1. the quantity of any item of Unit Price Work
performed by CONTRAC: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 CONTRACTOR 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 are unable to agree as to the amount
of any such increase or decrease.
ARTICLE I2—CHANGE OF CONTRACT TIMES
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Wntten 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 occurrence 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 entited as a result of the
occurrence of said event All claims for adjustment in the
Contract Times (or Milestones) shall be detennined by ENGI-
NEER in accordance with paragraph 9.11 rf OWNER and
CONTRACTOR 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 are
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 irJudc, but not be limited
to, acts or neglcct by OWNER, acts or nct,lect of utility- owners
or other contractors performing other work as con tr.rr:platrd by
A;ru is 7, fire:,, i o is. cpidcrnics, acr,omyj wc,C condi-
tions or acts of God. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to b:
delays within the control of CONTRAC:IUR
12.4. Where CONTRACTOR is prevented from convict -
mg any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of both OWNER
and CONTRAC.RUR, 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 be 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 (ii)
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.
Access to Work
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 inns
and advise them of CONTRACTOR's site safety procedures
and programs so that they may comply therewith as applicable.
Tests and Inspections:
13.3. 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. CONTRAC:IUR shall assume
full responsibility 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. CONTRAC, IUR shall also be responsible for arrang-
ing and obtaining and shall pay all costs in connection with any
inspections, tests or approvals required for OWNER's and
ENGINEER's acceptance of materials or equipment to be
incorporated in the Work, or of materials, mix designs, or
equipment submitted for approval prior to CONTRAC:IUR's
purchase thereof for incorporation to the Work.
13.6. If any Work (or the work of others) that is to be
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.
Uncovering 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 necessary
labor. material and equipment. 1f 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.
CONTRAC IUR 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 parties are unable to agree as to the amount or extent
thereof, CONTRAC IUR may make a claim therefor as pro-
vided in Articles 11 and 12.
OWNER May Stop the Work:
13 10. If the Work is defective, or CONTRACTOR fails to
supply sufficient skilled workers or suitable matenais 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 CONTRACTOR 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 nse to any duty on the part of OWNER to
exercise this right for the benefit of CONTRACTOR or any
surety 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, losses 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) correct 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 (ii) satisfactorily correct or remove and replace any
damage to other Work or the work of others resulting
thu dgum. 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
(nova' 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-
ti<:! Completion of all the Work, the correction period for tint
iacm may start to run from an earlier date if so provided in
S.pecifr ,T.tions or by Written Amen imcr-t.
/3.12.3. Where defective Work (and damage to other
Work resulting therefrom) has been corrected, removed or
replaced under this paragraph 13.12, the correction period
hereunder with respect to such Work will be extended for an
additional penod of one year after such correction or re-
moval and replacement has been satisfactorily completed.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to ENGI
NEER's recommendation of final payment, also ENGINEER)
rre:fcns to accept it, OWNER may do so. CONTRACTOR shall
pay all claims, costs. losses and damages attributable to
OWNER's evaluation of and determination to accept such
defective Work (such costs to be approved by ENGINEER.as
to reasonableness). If any such acceptance occurs pnor to
ENGINEER'S recommendation of final payment, a Change
Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work: and OWNER
shall be entitled to an appropnate decrease in the Contract
Price, and. if the parties are unable to agree as to the amount
thereof, OWNER may make a claim therefor as provided in
Article 11. If the acceptance occurs after such recommenda-
tion, an appropriate amount will be paid by CONTRA(: IUR to
OWNER.
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct 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 the
Contract Documents, or if CONTRACTOR fails to comply
with any other provision of the Contract Documents OWNER
may, after seven days' written notice to CONTRACTUR,
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 CONTRA(, IUR's services related thereto, take
possession of CONTRAL IUR'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 are stored
elsewhere. CONTRACTUR 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 rights 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
Corar r.ct Price. and, if the parties are unable to agree as to the
amount thereof. OWNER may make a claim therefor as
provided in Article 11. Such claims, costs. losses and e{ : nages
udc, b not I_ I: :Ili c:u to ti cccr.s .4 rcpai; or rcp;f zce
went of work of others destroyed or damaged by correction,
removal or replacement of CONTRACTOR's defective Work.
CONTRAC- IUR shall not be allowed an extension of the
Contract Times (or Milestones) b.xause of any delay in the
performance of the Work attributable to the exercise by OWNER
of OWNER's rights and remedies hereunder.
ARTICLE I4—PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the bask for progress payments and
37
will be incorporated into a form of Application for Payment
acceptable to ENGINEER. Progress payments on account of
Unit Pnce Work will be based on the number of units com-
pleted.
Application for Progress Payment:
14.2 At least 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 the basis of materials and equip-
ment not incorporated in the Work but delivered and suitably
stored at the site or at another location agreed to in writing,
the Application for Payment shall also be accompanied by a
bill of sale, invoice or other documentation warranting that
OWNER has received the materials and equipment free and
clear of all Liens and evidence that the materials and
equipment are covered by appropriate property insurance
and other arrangements to 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
CON7'RAClOR's Warranty of Tide:
14.3. CONTRACTOR warrants and guarantees that title to
all Work, materials and equipment covered by any Application
for Payment, whether incorporated in the Project or not, will
rocs 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 mace
the necessary corrections and resubmit the 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 I4.7) become due and when due will be paid
by OWNER to CONTRACTOR.
14.5. ENGINEER's recommendation of any payment re-
quested in an Application for Payment 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 ENGINEER's 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 Indicated.
14.5.2. the quality of the Work is generally in accor-
dance with the 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 the 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)
exhaustive or continuous on -site inspections have been made
to check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to ENGINEER in the
Contract Documents or (u) that there may not be other matters
or 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 the representations to OWNER referred
to in paragraph 14 5. ENGINEER may also refuse to rccom
mend any such payment. or, because of subsequently discov
ered evidence or the results of subsequent inspections or tests,
nullify any such payment previously recommended. to such
extent as may be necessary in ENGINEER's opinion to
protect OWNER from Toss 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-
currence of any of the events enumerated in paragraphs
15.2.1 through 15.2.4 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because:
14.7.5. claims have been made against CWNER on
account of CONTRAU IURs performance or furnishing of
the Work.
38
14.7.6. Liens have been filed in connection with the
Work. except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction 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 14.7.3 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.
Sat ctnnf nl Completion:
14.8. When CONTRACTOR considers the entire Work
ready 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
certificate 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 writinggiving the reasons therefor. If ENGINEER considers
the Work substantially complete, ENGINEER will prepare and
deliver to OWNER a tentative certificate of Substantial Con-
pletion which shall fix the date of Substantial Completion.
Tyre shall be attached to the certificate a tentative list of items
to be completed or corrected before final payment. OWNER
shall have seven days after receipt of the tentative certificate
dunng which to make written objection to ENGINEER as to
any provisions of the certificate or attached list if, after
c s such objections. ENGINEER concludes that the
:-t, is not substantially complete ENGINEER will within
fouctecn days after submission of the tentative certificate to
OWN'ER notify CONTRACTOR in writing, swing the reasons
diet error If, after consideration of OWNER's objections, Et
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-
stantnl 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 CONTRAC,LUR a
written recommendation as to division of responsibilities pend-
ing final payment between OWNER and CONTRACTOR with
respect to security, operation. safety, maintenance, heat. utili'
ties, insurance and warranties and guarantees. Unless OWNER
CONTRACfOR a otherwise in writing and so inform
39
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificate of Substantial Completion ENGINEER's
aforesaid recommendation will be binding on OWNER and
CONTRACIUR until final payment
14.9. OWNER shall have the right to exclude CONTRAC-
TOR from the Work after the date of Substantial Completion.
but OWNER shall allow CONTRACIUR reasonable across to
complete or correct items 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-
ference 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 cettif=
irate 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 CONTRACTOOR in writ -
mg giving the reasons therefor. If ENGINEER considers
that part or the Worw. to be substantially complete, the
provisions of paragraphs 14.8 and 14.9 will apply with
respect to certifier Lion 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 i rupecnon:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete, ENGI-
NEER will make a final inspection with OWNER and CON-
TRACIUR and will notify CONTRACTOR in writing of all
particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as are necessary to complete such Work or
remedy such deficiencies.
Final Application for Payment:
14.12. After CONTRACTOR 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, (ii) consent of the surety, if any, to final
payment. and (iii) complete and legally effective releases or
waivers (satisfactory to OWNER) Mall 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, matenal and equipment bills and
otherindebtednessconnected 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 CONTRAC.IUR'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 wntten
notice to OWNER and CONTRAC IUR that the Work is
acceptable subject to the provisions of paragraph 14.15. Oth-
erwise ENGINEER will return the Application to CON-
TRAL IUR indicating in writing the reasons for refusing to
rccommend final payment. in which case CONTRAL IUR shall
make the necessary corrections and resubmit the Application
Thirty days after the presentation to OWNER of the Applica
Lion and accompanying documentation. in appropriate 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
40
CONTRAC. IUR.
14.14. If, through no fault of CONTRACTOR, final corn-
pletton of the Work is significantly delayed and if ENGINEER
so confirms. OWNER shall, upon receipt of CONTRACTOR's
final Application for Payment and recommendation of ENGI-
NEER and without terminating the Agreement, make pay-
ment of the balance due for that portion of the Work fully
completed and accepteo.: f the remaining balance to be held by
OWNER for Work not fully completed or corrected is less than
the retainage stipulated in the Agreement. and if Bonds have
been furnished as required to paragraph 5.1. 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 CONTRACTOR 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 Claims:
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 waiverofall claims by CONTRACTOR against
OWNER other than those previously made in writing 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
then ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the date on which Work will be
resumed. CONTRACTUR shall resume the Work on the date
so fixed CONTRACTUR shall be allowed an adjustment in the
Contract Pnce or an extension of the Contract Times. or both.
directly attnbutable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles 11
and 12.
OWNER May Terminate:
15.2. Upon the occurrence of any one or more of the
following events:
15.2.1. if CONTRACTOR persistently fails to perform
the 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 CONTRACTOR 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 notice 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 CONTRACTOR's
. tools, appliances, construction equipment and machinery at
the site and use the same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion), incorporate in the Work all 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-
des exceed such unpaid balance, CONTRACTOR 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 CONTRACTOR's services have been so ter-
r..ir;nted by OWNEll. the termination will not a.Ffect any rights
or remedies of OWNER against CONTRACTOR then existing
or which may thcrr.after 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 CONTRACTOR
and ENGINEER, OWNER may, without cause and without
prejudice to any other right or remedy of OWNER elect to
terminate the Agreement In such case, CONTRAC IUR shall
be paid (without duplication of any items).
15.4.1. for completed and acceptable Work executed in
accordance with the Contract Documents prior to the effec-
tive date of termination. including fair and reasonable sums
for overhead and profit on such Work:
15.4.2. for expenses sustained prior to the effective date
of termination in performing services and furnishing labor,
materials or equipment as required by the Contract 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 incurred
in settlement of terminated contracts with Subcontractors
Suppliers and others; and
15.4.4. for reasonable expenses directly attributable to
termination.
CONTRACTOR shall not be paid on account of Toss of
anticipated profits or revenue or other economic loss arising
out of or resulting from such termination.
CONTRACTOR May Stop Work or Terminate:
15.5. If, through no act or fault of CONTRAC RA, 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 notice 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 right 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-
TRACTOR 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 par rrt h.
ARTICLE 16—DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR have
agreed on the method and procedure for resolving disputes
between them that may anse under this Agreement, such
dispute resolution method and procedure. if any, shall be 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
41
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
any dispute.
ARTICLE 17 MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Documents
requires the giving of written notice it will be deemed to have
been validly given if delivered in person to the individual or to
a member of the firm or to an officer of the corporation for
whom it is intended, or if delivered at or sent by registered or
certified mail, postage prepaid, to the last business address
known to the giver of the notice.
Computation of 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.
Notice ojClaim:
17.3. Should OWNER or CONTRACTOR suffer injury or
damage to person or property because of any error omission or
act of the other party or of any of the other party's employees
or agents or others for whose acts the other party is legally
liable. claim will be made in writing to the other party within a
reasonable time of the first observance of such injury or
damage The provisions of this paragraph 17.3 shall not be
construed as a substitute for or a waiver of the provisions of
any applicable statute of limitations or repose
Crunuladve 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.]
42
EXHIBIT GC -A to General Conditions of the
Agreement Between OWNER and CON-
TRACTOR Dated
For use with EJCDC No. 1910-8 (1990 ed.)
DISPUTE RESOLUTION AGREEMENT
OWNER and CONTRACTOR hereby agree that Article 16
of the General Conditions to the Agreement between OWNER
and CONTRACTOR is amended to include the following
agreement of the parties:
16.1. All claims. disputes and other matters in question
between OWNER and CONTRACTOR arising out of or relat-
ing to the Contract Documents or the breach thereof (except
for claims which have been waived by the making or accep-
tance of final payment as provided by paragraph 14.15) will be
decided by arbitration in accordance with the Construction
Industry Arbitration Rules of the American Arbitration Asso-
ciation then obtaining, subject to the limitations of this Article
16. This agreement so to arbitrate and any other agreement or
consent to arbitrate entered into in accordance herewith as
provided in this Article 16 will be specifically enforceable under
the prevailing law of any court having jurisdiction.
16.2. No demand for arbitration of any claim, dispute or
other matter that is required to be referred to ENGINEER
initially for decision in accordance with paragraph 9 11 will be
made until the earlier of (a) the date on which ENGINEER has
rendered a written decision or (b) the thirty-first day after the
parties have presented their evidence to ENGINEER if a
written decision l as not been rendered by ENGINEER before
that date. No demand for arbitration of any such claim dispute
or other matter will be made later than thirty days after the date
on which ENGINEER has rendered a written decision in
respect thereof in accordance with paragraph 9.11: and the
failure to demand arbitration within said thirty days' period will
result in ENGINEER's decision being final and binding upon
OWNER and CONTRACTOR. If ENGINEER renders a de-
cir' i't cr arbitration proceedings have been initiated. such
decision may be entered as evidence but will not supersede the
<+hjtr tion proceef tg , except where the decision is accept-
able to the parties concerted. No demand for arbitration of any
written decision of ENGINEER rendered in accordance with
pargraph 9.10 will be made later than ten days after the party
making such demand has delivered written notice of intention
to appeal as provided in paragraph 9.10.
16.3. Notice of the demand for arbitration will be filed in
writing with the other party to the Agreement and with the
American Arbitration Association, and a copy will be sent to
ENGINEER for information. The demand for arbitration will
be made within the thirty -day or ten- day period specified in
paragraph 16.2 as applicable. and in all other cases within a
reasonable time after the claim, dispute or other matter in
question has arisen, and in no event shall any such demand be
made after the date when institution of legal or equitable
proceedings based on such claim, dispute or other matter in
question would be barred by the applicable statute of limita-
tions.
16.4. Except as provided in paragraph 16.5 below. no
arbitration arising out of or relating to the Contract Documents
shall include by consolidation. joinder or in any other manner
any other person or entity (including ENGINEER. ENGI-
NEER s Consultant and the officers, directors, agents em-
ployees or consultants of any of them) who is not a party to this
contract unless:
16.4.1. the inclusion of such other person or entity is
necessary if complete relief is to be afforded among those
who are already parties to the arbitration, and
16.4.2. such other person or entity is substantially in-
volved in a question of law or fact which is common to those
who are already parties to the arbitration and which will arise
in such proceedings, and
16.4.3. the written consent of the other person or entity
sought to be included and of OWNER and CONTRACTOR
has been obtained for such inclusion, which consent shall
make specific reference to this paragraph: but no such
consent shall constitute consent to arbitration of any dispute
not specifically described in such consent or to arbitration
with any party not specifically identified in such consent.
16.5. Notwithstanding paragraph 16.4 if a claim, dispute or
other matter in question between OWNER and CONTRAC-
TOR involves the Work of a Subcontractor, either OWNER or
CONTRACTOR may join such Subcontractor as a party to the
arbitration between OWNER and CONTRACTOR hereunder.
CONTRACTOR shall include in all subcontracts required by
paragraph 6.11 a specific provision whereby the Subcontractor
consents to being joined in an arbitration b.,twe:n OWNER
and CONTRACLUR involving the Work of such Subcontrac-
tor Nothing in thin. nara;ph 16 5 nor in the prcvision of such
subcontract consenting to joinder shall create any claim, right
or cause of action in favor of Subcontractor and against
OWNER, ENGINEER or ENGINEER's Consultants that
dots not otherwise exist.
16.6. The award rendered by the arbitrators will be final,
judgment may be entered upon it in any court having jurisdic-
tion thereof. and it will not be subject to modification or appeal.
[The remainder of this page was left blank intentionally.]
GC -Al
16.7. OWNER and CONTRACTOR agree that they shall
first submit any and all unsettled claims, counterclaims. dis-
putes and other matters in question between them arising out of
or relating to the Contract Documents or the breach thereof
("disputes"), to mediation by The American Arbitration As-
sociation under the Construction Industry Mediation Rules of
the American Arbitration Association prior to either of them
initiating against the other a demand for arbitration pursuant to
paragraphs 16.1 through 16.6. unless delay in initiating arbitra-
•
•
•
tion would irrevocably prejudice one of the parties. The
respective thirty and ten day time limits within which to file a
demand for arbitration as provided in paragraphs 16.2 and 16.3
above shall be suspended with respect to a dispute submitted to
mediation within those same applicable time limits and shall
remain suspended until ten days after the termination of the
mediation. The mediator of any dispute submitted to mediation
under this Agreement shall not serve as arbitrator of such
dispute unless otherwise agreed.
•
•
GC-A2
Section Vil
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
Jimmy D. Dunham, P E , of College Station, Texas, ENGINEER of the Owner.
3. EXAMINATION OF SITE 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 his financial responsibility, experience and
possession of such equipment as may be needed to prosecute the work in an
expeditious, safe and satisfactory manner.
Recent experience in lead abatement of water tank projects requiring shrouding over
the past five years must be documented. At least five projects must be submitted for
review. The successful Contractor must also identify the name of the proposed project
foreman. Once identified and approved by the Engineer, the foreman may not be
removed from the project except for extreme personal reasons.
5. TIME ALLOWED FOR COMPLETION
Time allotted for the completion of all items of work shall be ninety (90) calendar days,
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 No work
allowed on Sunday.
SC1
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 mterpretation 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 in 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 SPECIFICATIONS
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 are 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 indicated 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
SC 2
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 will test and dispose of all abrasive blasting debris.
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 is available on site at no cost to Contractor for use in pressure washing the tank's
interior. 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 regal ding 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 in the
System's water supply. Should any tank fail the bacterialogical 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.
1 CLFANUP
1. During Construction - The- Col-anc:or shall et all Dimes keep the job si. e 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.
The Contractor shall thoroughly clean all equipment and materials installed by him
and shall deliver such materials and equipment in a bright, clean, polished and new
appearing condition.
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 period of one (1) year from the date of
final acceptance of the work.
15. LIGHTS AND POWER
The Contractor shall provide temporary lighting and facilities required for the proper
prosecution and inspection of the work. Electrical power is available for power tool
cleaning and associated equipment on site by Owner at no cost to Contractor. All air
compressors and painting equipment shall be engine driven.
Electrical power for the dehumidification equipment will not be provided. The
Contractor must provide butane or propane for the DH equipment in addition to diesel
for the generator.
16. COPIES OF PLANS AND SPECIFICATIONS 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.
SC 4
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 retamage
will be ten percent (10%).
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 5
Section VIII
Technical Specifications
TECHNICAL SPECIFICATIONS
SPECIAL PROVISION TO THE TECHNICAL SPECIFICATIONS (SP-1)
1. SCOPE OF CONTRACT
The City of Pearland, Texas located approx. 10 miles southeast of Houston has a
500,000 gallon water storage tank and a 10,000 gallon pressure tank that are to be
rehabilitated and repainted under the terms of this contract. Both tanks are located at
Mary's Creek Water Plant on FM 518 in Pearland. General information on the tanks is
provided at the end of this document in the Engineer's Reports of Inspection dated
December 2 & 16, 2000. Generally, the interior and exterior coatings will be replaced
and miscellaneous structural steel repairs will be made. The specific repairs and
repainting required are outlined in the following para. 2. & 3. WORK TO BE
ACCOMPLISHED.
The exterior coatings contain approx. 9% lead and lead abatement procedures are
required. A laboratory analysis of the coatings is provided at the end of this document
in the Drawings Section. The structures are located within 500' of a public area and
shrouding is required during the exterior abrasive blasting operations. See TS 35 Lead
Abatement for shrouding requirements and environmental protection procedures.
It shall be the responsibility of the bidders to carefully inspect the site and all pertinent
parts and devices on the tanks to ascertain the quantity of surface preparation,
necessary repairs, and painting required to clean the tanks properly, paint, repair, and
place them back into operation in accordance with these contract specifications. The
information on the tanks provided in the Engineer's Reports 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
interior 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.
SP1-1
2. WORK TO BE ACCOMPLISHED - 500,000 gallon ground storage tank:
a. Interior Area Surface Preparation & Coating*
(1) abrasive blast clean all areas below HWL 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 salts less than 100 ppm. (Additive Bid Item #1).
(4b.) if 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 five days after the final coat of paint is applied. The unit must control the
environment to keep the air inside the tank at less than 50% relative humidity at all
times Minimum dessicant dehumidification equipment required is an HC-2250 GA
with 15 KW generator as supplied by Munters or equal.
(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 @ 5 mils DFT each coat.
Minimum thickness required is 12 mils.
(6) Apply Sikaflex or equal NSF approved caulk to all interior un-welded roof
seams and opening between rafters and ceiling plate.
(7) Chlorinate tank per AWWA Method No.2 Spray interior surfaces with 200
mg/L available chlorine solution. Owner will refill tank and perform bacteriological
testing Job is not complete until tank passes bacteriological testing as required by
Health Dept.
b. Exterior Area Surface Preparation & Coating:
(1) abrasive blast clean the entire exterior surface area to SSPC-SP-10 near -white
blast standard. Blast must be performed with water injection to prevent lead dust
emissions. Chemical additives such as Hold Tight may be used to hold blast if
approved by coating manufacturer. All blasting operations must be performed under
complete shrouding. See TS 35 for requirements of shroud and lead abatement.
(2) apply four coat epoxy/urethane system:
Prime coat: Tneme-Zinc 90-97 applied @ 3.0 mils DFT.
Second Coat: Tnemec Series 20 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 varyfrom 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 30" diameter manway in lower ring of steel. See Detail of Shell
Manway in Drawings Section. Install opposite side of tank from existing manway.
(2) Install new gasket & stainless steel bolts and nuts in existing 24" diameter
manway.
(3) Remove existing 12' diameter top vent and install new 24" diameter vent
with stainless steel screen and stainless steel top and bottom bands. See Detail of Vent
in Drawings Section.
(4) Install new 30" square top hatch in place of existing 24" diameter top hatch.
See Detail of Top Hatch in Drawings Section.
(5) Remove and dispose of all rigid conduit, wiring, brackets and security lights
on roof.
(6) Weld approx. 100 sq. in. of deep pit repair in interior of tank as required and
directed by Engineer (each pit =1 sq. in.) Provide and install two gallons of 100%
solids NSF approved epoxy to repair shallow pits in interior.
(7) Remove existing cage from exterior ladder and install a 10' long aluminum
ladder gate on bottom of ladder. Gate to be factory made by Ladder Gate.
(8) Provide and install new galvanized cable safety climb systems on exterior
ladder. Device to be DBI/SALA or equal. Provide cable grab with climb device.
(9) Extend existing 6" diameter fill pipe on tank interior to HWL by welding
elbow on bottom of pipe and adding 30' of new steel pipe with elbow on top. Install
welded steel pipe supports every 10' maximum.
(10) Install moisture seal around circumference of tank with silicone or asphalt
caulking material. Seal gap between steel toe on top of concrete foundation.
(11) Remove corroded ends of 25 rafters under new 24" diameter vent opening on
roof and splice new 2' long x 7" deep x 10 plf steel channel on the end of each rafter.
Weld splice on both sides of each rafter with full fillet weld using SMAW procedures.
3. WORK TO BE ACCOMPLISHED -10,000 gallon pressure tank:
a. Interior Area Surface Preparation & Coating: same as above for ground tank
b. Exterior Area Surface Preparation & Coating: same as above for ground tank
c. Repair Items of Work:
(1) Weld approx. 50 sq.in. of deep pits on interior of tank as directed by
Engineer. Each pit = approx. 1 sq.in.
(2) Install one gallon of 100% solid NSF approved epoxy on shallow pitting
on interior of tank as directed by Engineer.
(3) Install new gasket and stainless steel bolts and nuts on manway.
(4) Remove sight glass gauge and pressure gauge from end of tank prior to
blasting and painting. Reinstall same gauges after all painting is complete.
(5) Remove pressure relief valve from top of tank prior to blasting and
painting Install new pressure relief valve rated at 125 psi after all painting is complete.
4. Concrete Block Control Building & Concrete Saddles of Pressure Tank - Exterior
Surface Area Preparation & Coating only:
(1) Pressure wash entire exterior surface per SSPC -SP-1 to remove dirt and
debris and loose coating
(2) Apply one coat of Tneme Crete 181 @ 6.0 mils DFT to walls. Same color as
new exterior coating on tanks.
(3) Apply one coat of Tneme Crete 181 @ 6.0 mils DFT to trim around
windows, door and facia. Select different color from walls. Owner will select all colors
based on standard TNEMEC Color Choices chart.
5. CLEANING INSIDE OF TANKS
The tanks will be drained down, however, the Contractor shall be responsible for
cleaning any accumulated sand and silt prior to start of work.
All material used in the blasting operations, sediment in the tanks, rust paint and scale
accumulated from the cleaning operations and all other material in the tanks, shall be
removed from the tanks by the Contractor and properly disposed of.
6. 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 welding as directed by the Engineer. Those pits deeper than 1/8" will be
repaired by welding. Pits less than 1/8" deep will be repaired with epoxy paste.
7. INTERIOR SURFACES PAINT SYSTEM
The work covered by this section of the specification includes painting the entire inside
surface area of the tanks.
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 walls of the ground tank up to the I-IWL wiJi 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 six spots.
If any of the tests indicate levels of salt above 100 ppm, the blasted steel will be
pressure washed per SSPC -SP-1 to remove the salt or reduce it to levels below 100
ppm. This pressure washing, if required, will be paid for as Additive Bid Item #1.
Rust inhibitor may not be used with this wash.
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 remain operational
until five full days after the coating application is complete.
The anchor profile of the steel surface should be a minimum of 1.5 mils as determined
by Test -Tex film strips.
Note: The pressure tank interior surface preparation will follow the same procedure as
above but no additional money will be paid if the salt content is above 100 ppm.
Washing to reduce the salt below 100 ppm, if required, will be at the contractor's
expense.
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 coat 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 specified coating (Mix of 50% paint, 50% thinner) liberally worked
in after abrasive blasting and prior to the first 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.
Rolling 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.
Continuous air exchange shall occur during painting and for 72 hours after completion.
8. EXTERIOR SURFACES PAINT SYSTEM
The work covered by this section of the specifications includes painting the entire
outside surface area of the tanks. It also includes painting any steel outside the tanks
such as vents, manways, ladders, exterior piping, and all other items outside the tanks.
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.
Exterior Surface Preparation:
The entire exterior surface of the structure will be abrasive cleaned to SSPC-SP-10 near -
white blast standard to remove all of the existing lead based paint. The blasting must
be done inside the shroud and it must be performed with water injection to prevent
lead dust emissions. See TS 35 for shroud and lead abatement requirements
b. Four Coat Zinc Rich Primer/Epoxy/Urethane System:
1'he exterior paint system shall be applied in a minimum of four (4) coats. 1'he
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 thh2 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 manufacture. 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 times difficult to coat shall receive a
brush applied coat of the specified coating (Mix of 50% paint, 50% thinner) liberally
worked in after abrasive blasting and prior to the first 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.
9. DISINFECTING THE TANK
The disinfection is the responsibility of the Contractor. l'he Contractor shall use
Chlorination Method No. 2 as specified in AWWA C652. A 200 mg/L solution of
available chlorine shall be sprayed on the entire interior surface areas. The Owner will
fill the tanks and test the water. If the sample fails, the Contractor will disinfect the
tanks again.
10. GUARANTEE AND CLEANUP
The Contractor shall guarantee to the Owner for a period of one (1) year the tanks and
appurtenances from the date of final inspection and acceptance to the extent that he will
repair any defects which may appear in 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 Engineer. He shall repair
all damage caused by his workers and shall leave the premise m a clean and orderly
condition.
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. 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 worlc, 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 c` 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-WHI'l'E 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 as provided
in the Appendix 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 may be
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 clean 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 mariner 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 m 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 fur `L.er heated 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.
TS3--3
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.
3.05 INSPEC FION.
All work under this specification shall be subject to inspection by the Owner or his
representative. All parts of the work shall be accessible to the inspector. The
Contractor shall correct such work as is found defective under the specifications If the
Contractor does not agree with the inspector, the arbitration or settlement procedure
established in the contract if any, shall be followed If no arbitration or settlement
procedure is established, the procedure specified by the American Arbitration
Association shall be used.
3.06 APPENDIX.
a. Scope. The recommendations contained in this appendix are believed to
represent current good practice.
b. Near -White blast cleaning should be employed for all general purposes
where a high degree of blast cleaning is required. It will remove practically all rust mil
scale, and other detrimental matter from the surface. The surface will not necessarily be
uniform in color, nor will all surfaces be uniformly clean If the cleaning done
according to this specification is likely to result in a surface unsatisfactory to the Owner
or unsuitable for sever service, then White Metal Blast Cleaning should be specified by
the Owner m the contract. The advantage of near -white blast cleaning lies in the lower
cost for satisfactory surface preparation for all but the most severe service conditions.
c. When this specification is used in maintenance painting, specific
instructions should be given on the extent of surface to be blast cleaned in accordance
with this specification and the amount of spot cleaning required In maintenance
painting, it is not ordinarily intended that sound, adherent old paint be removed unless
it is excessively thick or inflexible.
In preparing a previously painted surface, it is necessary to remove all corrosion and all
paint which shows evidence of corrosion, peeling, excessive thickness, brittleness,
blistering, checking, scaling or general disintegration. It is essential that the removal of
the old paint be carried back around the edges of the spot or area until an area of
completely intact and adhering paint film, with no rust or blisters underneath, is
attained Edges of tightly adherent paint remaining around the area to be recoated
must be feathered, so that the repainted surface can have a smooth appearance. The
remaining old paint should have sufficient adhesion so that it cannot be lifted as a layer
by inserting a blade of a dull putty knife under it. The rate of blast cleaning may vary
from one area to the next, in order to achieve the desired end condition.
d. The maximum permissible size of the abrasive particles will depend upon
the allowable surface roughness or' maximum height of profile' of the surface; the
allowable maximum height of profile is, in turn, dependent upori'the thickness of paint
to be applied.
The maximum height of profile is the height of the anchor pattern produced on the
surface, measuring from the bottoms of the lowest pits to the tops of the highest peaks.
Maximum profile will vary somewhat with the angle and velocity of particle, with the
hardness of surface, with the amount of recycling of working mixtures (of shot and
grit) and with the thoroughness of blast cleaning.
e. The dry paint film thickness above the peaks of the profile should equal the
thickness known to be needed over a smooth surface for the desired protection If it is
not possible to use an abrasive sized small enough to produce a desirable height of
profile, the dry paint film thickness should be increased to provide adequate thickness
above the peaks.
f. A suitable inhibitive treatment for blast cleaned surfaces is water containing
0.32 percent of sodium nitrate and 128 percent by weight of ammonium phosphate,
secondary (dibasic), or as an alternate water containing about 0.2 percent by weight of
(a) chromic acid or (b) sodium chromate or (c) sodium dichromate or (d) potassium
dichromate. •
Note* If solutions containing either chromate's or dichromate's are used, precautions
should be taken to protect personnel from hazards resulting from breathing spray or
contacting the solution.
g. The blast cleaned surface must be treated or primed before any rusting
occurs. Otherwise the benefit of the near -white blast cleaning is lost. The freshly
exposed bare metal will rust quickly under conditions of high humidity, when wet, or
when in a corrosive atmosphere. Under normal mild atmospheric conditions it is best
practice to prime or chemically treat within 24 hours after blast cleaning. Under no
circumstances should the steel be permitted to rust before painting, regardless of the
time elapsed.
Moisture condenses on any surface that is cooler than the dew point of the surrounding
air. It is therefore recommended that dry blast cleaning should not be conducted when
the steel surface is less than 5 degrees above the dew point.
The permissible time interval between blast cleaning and priming will vary greatly
(from minutes to weeks) from one environment to another, in order that the surface
should remain free of corrosion, oil, etc. as required by Section 3.03 PROCEDURES If a
maximum interval is desired it shall be so specified in the contract covering the work.
h. Photographic standards of comparison are desirable to define the final
surface conditions to be supplied under this specification. For partially rusted mill
scale, for completely rusted mill scale, or for completely rusted and pitted surfaces, the
appearance of the surface after near -white blast cleaning should correspond with
pictorial standards B Sa 2 1, C Sa 2 1/2, or D Sa 2/ or SSPC-Vis 1-63T.
The color of the cleaned surface may be affected by the nature of the abrasive used.
This correlation is cross-referenced in these visual standards, which were developed by
the Swedish IVA, and have been mutually adopted by the Swedish Standards
Association, the ASTM and the SSPC. As additional standards become available,
particularly for initial surface conditions such as previously painted steel, these may be
mcluded by reference in the contract.
i. Other visual standards of surface preparation may be used as required by
the Owner when they are specified in the contract to illustrate the degree of metal
cleanliness required. The Owner will provide the specified samples or standards of
such size and condition that they may be compared during the entire contract If blast
cleaned steel samples are used, they should be completely protected from corrosion
during the period of the contract.
5.01 SCOPE
'TECHNICAL SPECIFICATION NO. 5
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 outlined 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.
2. Power impact tool cleaning using power driven needle guns, chipping
or scaling hammers, rotary scalers, single or multiple piston scalers, 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. This 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
ESTABLISHING THE PRODUCTION RA I E 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 cleaning or by power
tool. Any remaining detrimental weld flux deposits shall be removed by blast cleaning,
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.
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 detenoration 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.
5.05 INSPECHON.
All work under this specification shall be subject to inspection by the Owner or his
representative. All parts of the work shall be accessible to the inspector. The
Contractor shall correct such work as is found defective under the specification If the
Contractor does not agree with the inspector, the arbitration or settlement procedure
established in the contract, if any, shall be followed. If no arbitration or settlement
procedure is established, the procedure specified by the American Arbitration
Association shall be used.
5.06 APPENDIX.
a. SCOPE. The recommendations contained in this appendix are believed to
represent current good practice.
b. Particular attention should be given to welds and areas adjacent to welds, as
required in Section 5.03 Procedures.
In solvent cleaning preceding wire brushing, it is important that the contaminated
solvent be removed before it evaporates by wiping or rinsing with clean solvent, in
order to avoid leavmg a film of oil or other contaminants spread over the surface.
c. The amount of cleaning required to reach an acceptable ' end -condition" will vary
somewhat, depending upon the type of steel surface, its initial condition and the kind of
tool used. Under average favorable conditions with new or slightly rusted flat hot
rolled steel, or steel having adherent paint, a satisfactory degree of power tool cleaning
can be obtained by using the procedure specified in Section 5.03. If the surface prior to
cleaning is in such bad condition that the cleaning when done according to this rate will
be unsatisfactory to the OWNER, then a different test rate may be mutually agreed
upon in advance: a standard end -condition may be prepared in situ or a reference
standard prepared as provided under e below.
The procedure described in 5.03 merely establishes a standard method of defining
' loose mill scale and loose rust". The actual production rate of cleaning may be higher
or lower depending primarily upon the efficiency of the equipment and operator.
d. Photographic standards of comparison are desirable to define the final surface
conditions to be supplied under this specification. For partially rusted mill scale, for
completely rusted mill scale, or for completely rusted and pitted surfaces, the
appearance of the surface after power tool cleaning should correspond with pictorial
standards B St 3, C St 3, or D St 3 or SSPC-Vis 1-63T.
('These pictures represent steel given an extra thorough hand cleaning but in appearance
may be considered typical of average power tool cleaned surfaces.)
This correlation is cross-referenced in these visual standards, which were developed by
the Swedish IVA, and have been mutually adopted by the Swedish Standards
Association, the ASTM and the SSPC. As additional standards become available,
particularly for initial surface conditions such as previously painted steel, these may be
included by reference in the contract.
e. Other visual standards of surface preparation may be used as required by the
Owner when they are specified in the contract to illustrate the degree of metal
cleanliness required. The Owner will provide the specified samples or standards of
such size and condition that they may be compared during the entire contract If power
tool steel samples are used, they should be completely protected from corrosion during
the period of the contract.
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 ,,atisfactory.
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
(HTH or Perchloron) 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/1 concentration of available chlorine Dosages may be
decreased for an extremely clean tank or where high residual concentrations,
after filling, are undesirable.
TS10-1
2. 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 m 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 chlorme solution until
a water sample shows a dark red of blown 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
a. The record of compliance shall be the bacteriological test certifying that
the water held in the tank is free of coliform bacteria contamination.
TS10-2
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
5. 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 paint 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 point 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 Technical 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 in 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 in 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. Ali 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 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.
TECHNICAL SPECIFICATION NO. 35
LEAD ABATEMENT
35.01 SCOPE
This specification covers the requirements for lead abatement projects where lead levels
exceed 1.0%. The Contractor must not only protect his worker in accordance with
OSHA regulation but also must insure the environment is protected in accordance with
EPA regulation.
35.02 LEAD LEVELS
The coatings on this project have been tested and contain lead levels above 90,000 ppm
or above 9 0%. A copy of the test results are provided in the Drawings Section.
35.03 REFERENCES/ DEFINITIONS
a. Texas Natural Resource Conservation Commission (TNRCC) guidelines
including TACB Regulation 1 for removing coatings on elevated water storage tanks.
b. 29 CFR 1926.62, Lead. (OSHA)
c. Steel Structures Painting Council (SSPC) Lead Removal Guides:
- SSPC - Guide 6 (CON) - Guide for containing debris generated during paint
removal operations
- SSPC - Guide 7 (DIS) - Guide for disposal of lead -contaminated surface
preparation debris
d. Lead -containing paint on this project is any paint containing more than 1,000
ppm or 0.10% of lead as tested in a laboratory in accordance with ASTM D-3335.
e. Hazardous waste: Paint debris is classified as hazardous waste due to the
characteristic of toxicity, if after testing to Toxicity Characteristic Leaching Procedure
(TCLP), the leachate contains any of the elements in the concentrations listed below:
Barium 100 mg/1
Cadmium 1 mg/I
Chromium 5 mg/1
Lead 5 mg/I
TS35-1
f Generator: The OWNER of the tank is the generator for this project.
The CONTRACTOR for the lead paint removal on the tank is a co -generator.
g. Containment System: Includes the containment structure i.e., walls, floor,
supporting structure and entryways used to surround the tank to control the dust and
debris generated by the Contractor during lead paint removal.
h. Ventilation System: Includes forced air input such as fans or blowers to
circulate air inside containment structure and exhaust air filtration such as dust
collectors to trap and filter air before it leaves the containment structure.
35.04 ABRASIVE BLASTING CONTROL REQUIREMENTS
4.1 The control requirements of TNRCC TACB Reg. 1 for coatings containing
more than 10,000 ppm lead are the control requirements for removing the lead coating
by abrasive operations.
4.2 Shrouded wet abrasive or hydroblast are the only methods approved for
removal of the exterior coatings on this project.
4.3 Dry abrasive blasting of the interior coating is approved as long as no
visible emissions to the atmosphere result from such cleaning.
35.05 CRITERIA FOR CONTAINMENT SYSTEM
1. The Contractor will design a containment system for the work area that is an SSPC
Class 2A or better in accordance with above reference SSPC Guide 6 (CON). See Table
at the end of this document.
I'he containment will control environmental emissions according to the criteria listed in
Section 35.06 of this specification and control the working environment within the
containment according to the criteria listed in Section 35.07 of this specification.
In the event of a conflict between SSPC Guide 6 (CON) and this specification, the
requirements of this specification will prevail.
In addition to the containment structure, ground covers will be used beneath the
containment to prevent contamination of the soil.
The Class 2A Containment must have all of the following components: •
95% shade factor flexible shrouding material supported by a flexible structure capable
of being lowered and raised according to the wind speed. The joints must be fully
sealed and the entryway must be overlapped. Forced air through the use of fans or
TS35-2
blowers must be used to move air inside the containment structure at a minimum cross
draft velocity of 100 ft/min or minimum clown draft velocity of 60 ft/min If dust
collectors are used they must be sized using the controlling minimum velocity and
must be positioned to trap and filter air before it leaves the structure.
2. The Contractor must inspect the structure thoroughly to insure the containment
structure can be properly supported. This includes inspection of the roof support
system, particularly the rafters, prior to containment support system design.
3. The Contractor must submit containment system design to include dead load
considerations to the Engineer for review. Sizing criteria for dust collectors, if used,
must also be included. The design must also address removal of the containment
support system from the structure to insure the new coatings are not damaged.
35.06 CRITERIA FOR CONTROLS OVER ENVIRONMENTAL EMISSIONS
1. Monitoring environmental emissions to include all costs associated with obtaining
and operating the required equipment and testing procedures are the responsibility of
the Contractor. Air and soil conditions will be monitored by the Contractor for this
period.
2. Air quality in the immediate vicinity of the project will be monitored by the
Contractor to insure it is not contaminated with lead due to the Contractor's work
methods in removal of the lead paint.
Note: This is the purpose of the containment system and the air monitoring is a check
on how well the containment system is working
3. Ambient Air Quality - the criteria for assessing the adequacy of the controls over
lead particulate emissions will be as follows:
3a. Emissions in excess of 6.75 micrograms per cubic meter of TSP (total
suspended particulate) Lead over an 8 hour period will be cause for shutdown of the
project until corrections to the containment are made to comply with this level.
Note: This level is based on an average work day of 8 hours for 60 clays of surface
preparation to insure the quarterly average of 1.5 microgram per cubic meter over a 24
hour day is not exceeded.
3b. Monitoring for this level will be accomplished using high volume TSP air
samplers. Three (3) samplers will be used and the exact location of the test sites will be
determined by the Engineer. Generally, one will be placed upwind, one downwind
and one near the entryway of the containment system Locations of high risk such as
schools will also be considered in placement of TSP monitors.
TS35-3
3c. Three days of baseline monitoring will be conducted prior to abrasive
blasting in order to determine pre-existing conditions.
3d. Monitoring will be continuous for the first 5 work days of abrasive blasting.
If all readings are below the required emissions, frequency of monitoring may be
reduced by the Engineer. It is anticipated that frequency level will not fall below one
(1) reading per sampler per week.
3e. All monitors will remain in place during the entire project or until the
Engineer releases the Contractor from this requirement. Release from monitoring must
be in writing Once all abrasive blasting is complete, monitoring operations will
normally cease.
3f. It benefits the Contractor to obtain test results in a timely manner since
monitoring must be done daily until continuous positive results are evidenced by the
Engineer. The Contractor must submit the name of the testing lab to the Engineer and
also the anticipated turn -around time to receive test results.
4. Soil Quality: The Contractor will not contaminate the soil with lead. Samples of
the soil will be removed and tested by the Contractor for total lead content at specific
locations prior to project start-up and at the same locations upon completion.
1. The total number of soil samples will be approximately twenty (20) with
half being taken before and half being taken after the project is completed. The exact
location of the soil test sites will be determined by the Engineer.
2. Laboratory analysis for total lead content of the soil will be conducted in
accordance with EPA Method 3050.
3. It will be the Contractor's responsibility to return the soil to background
levels if the analysis upon project completion shows an increase in soil levels above
100 ppm lead.
35.07 CRITERIA FOR CONTORL OVER WORKER PROTECTON
1. OSHA requirements for the protection of workers will be in accordance with 29
CFR 1926.62 Lead.
2. A written Worker Protection Program addressing compliance with each of the
items below shall be provided by the contractor.
•
1. Action level
2. Permissible exposure limit
3. Exposure assessment monitoring
4. Compliance plan
TS35-4
5. Respiratory protection
6. Protective work clothing and equipment
7. Housekeeping
8. Hygiene facilities and practices
9. Medical surveillance
10. Medical removal protection
11. Employee information and training
12. Signs
13. Record keeping
14. Observation of monitoring
3. Competent Person - The Contractor must identify in writing the name, job title
and qualifications of the person that will be designated as the competent person on the
project site.
1. By OSHA definition, the competent person has the knowledge required to
recognize problem areas in lead abatement and the authority to shut the job down
until the problem is corrected.
2. The competent person must be on site full time during all lead abatement
operations such as abrasive blasting or removal of debris.
3. The project foreman may be designated as the competent person but he
must have the required training to insure his competency in lead removal projects.
Twenty years of lead paint application/removal does not necessarily make the person
competent since the OSHA requirements and the many aspects of complying with it
only became effective in late 1993. Accordingly, recent training & Certification by
SSPC NACE or other acknowledged sources such as trained Professional Engineers or
a Certified Industrial hygienist is required to be considered current and competent.
Photocopies of Certificates of Training must be furnished to the Owner to prove that
the competent person is indeed trained for lead abatement according to OSHA
requirements.
35.08 CRITERIA FOR HANDLING HAZARDOUS WASTE
1. The Owner is the generator of the waste for this project and the Contractor is the
co -generator.
2. The Contractor is responsible for implementing the following procedures in
dealing with the lead paint removal debris:
1. Sampling and testing of debris:
TS35-5
la. Representative samples of the debris will be selected and tested by
TCLP. At a minimum , 4 samples will be tested per roll off container. This is a rate of
1 TCLP/4 tons of abrasive debris.
1b. The Contractor is required to submit the name of the laboratory doing
the testing If possible, the same laboratory doing the air monitoring should be
considered.
3. Waste Stabilization: The Contractor is advised that stabiliztion of the debris to
reduce its leachablility is permitted.
1. The use of propriety materials added to the abrasive (e.g., Blastox - TM) is
allowed.
4. Hazardous Waste• if the tests of the debris show the waste to be hazardous, the
following requirements will apply:
1. Site Storage and Handling:
la. The Contractor will use proper containers to store waste on site.
Containers must be sealed to prevent wind from dispersing debris.
1b. Paint debris will not be placed directly on the uncovered ground and
must be shielded to prevent dispersion of the debris by wind or rain.
lc. Any evidence of improper storage will be reason to shut job down until
corrective action is taken.
ld. The Contractor must apply for an EPA identification number.
le The Contractor may hire a licensed waste disposal contractor to assist in
the handling and disposition of the debris.
5. Transportation and Disposal of Debris;
1. The Contractor must arrange to have the debris transported from the site
and disposed of properly in accordance with TNRCC Waste Disposal Guidelines.
2. The Contractor may employ only licensed transporters and only licensed
disposable facilities may be used.
•
3. Signed manifest will be returned to the Engineer to verify that all steps of
handling and disposal process have been completed properly.
TS35-6
4. Final completion of the project will not be given including recommendation
for final payment until all manifests have been submitted to the Engineer.
6. Clearance Testing: The Contractor will thoroughly vacuum, wash or otherwise
decontaminate reusable items prior to removal from the project site. This includes but
is not limited to equipment, all shrouding materials, ground covers, change and
shower facilities. If adequate cleaning is not possible, the materials will be treated as
waste and disposed of properly.
35.09 SUBMITTALS: The Contractor will provide written programs for each of the
items below a minimum of 30 days prior to beginning work
1. Abatement Program. The Contractor will provide a written plan for the methods
to be employed for surface preparation to remove the lead contaminated paint,
containment of the structure during abatement, ventilation and collection of debris.
2. Environmental Monitoring Program. The Contractor will provide a written plan
for the monitoring of soil and air protection procedures. This plan will include the
name and location of the laboratory to be used for testing. It will also include the type
and name of the high volume air monitors to be employed.
3. Worker Protection Program: The Contractor will provide a written plan for the
protection of his workers in accordance with 29 CFR 1962.62. The plan will include
the name of the laboratory that will do the blood lead testing and the name and
location of the laboratory that will test the personnel air monitors for exposure
assessment. The Plan must also address required training and Certification of such
training for all workers and the competent person.
4. Disposal of Debris Program: The Contractor will submit a written plan detailing
the procedures used to properly handle, store and test debris to determine if it is
hazardous. In addition the program must identify the license number of transporters
and disposal facilities to be employed. The written program must also explain how
manifesting will be addressed.
35.10 NOTIFICATION:
1. After receipt of written approval from the Engineer of all required submissions per
para. 35.09 SUBMITTALS, the Contractor must notify TNRCC per TACB Reg. 1 of his
plan to conduct abrasive blasting operations on a water tank with lead levels
exceeding 10,000 ppm.
•
2. Contractor must submit proof of TNRCC notification to Engineer in writing before
lead abatement operations may commence. Registered U.S. mail is recommended as
the vehicle to provide notification and proof of same.
TS35-7
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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 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" -1/2" base metal thickness = 3/16" fillet weld
over 1/2" - 3/4" base metal thickness =1/4" fillet weld
over 3/4" -1" base metal thickness = 5/16" fillet weld
40.04 SYMBOI S AND DEFINITIONS.
Standard symbols and definitions 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 greater
than 15 MPH.
TS40-1
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. 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
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fi ' DUNHAM ENGINEERING
7.; Water Tank Consultants
Pi
it13141 Hill Rd. • College Station,TX 77845 • (979)690-6555 •Mobile(979)820-1648 • FAX (979)690-7034
www.DunhainEnineerin
.cam
avA
� www.DanhamEngineering.com
is
Report of Inspection
Ground Storage Tank @ Mary's Creek on FM 518
Pearland, Texas
Conducted by Jimmy D Dunham, P E.
December 2, 2000
1 CONSTRUCTION
The welded steel ground storage tank was built by CBI in 1964 It has a
nominal capacity of 500,000 gallons The tank has a circumference of 164' and a
height of 32' The tank consists of four welded steel rings supported by a
concrete ring foundation.
2 FOUNDATION
The concrete ring foundation is level and in good condition The walls of
the tank in the lower ring of steel are plumb Approx. one-half of the
circumference of the tank is below grade approx. 2" There is no moisture seal
between the top of concrete and steel toe The concrete is weathered and
portions of the aggregate are exposed which is typical of 40 years old concrete.
3 LEVEL CONTROL
A functional pressure gauge is located on the tank at ground level
4 OVERFLOW/FILL PIPE
The 6" diameter steel overflow pipe exits the tank at the top of the wall and
ends in a gravity hinged flap valve at ground level The welded steel pipe
5
supportsMAN areWot cracked The overflow pipe has a. funnel shaped wen, on the
interior wall. The tank has a 6" diameter fill line that fills the tank from the
bottom
not
The tank has a 24" diameter bolted manway in the lower ring that is in
good condition. The manway was not opened and no leaks were noted The
weld seam on the neck is in good condition with no cracks noted
1
6 LADDER
The exterior ladder starts approx. 12' above ground level and stops at the
roof No loose rungs or bolts were noted The ladder is in good condition with
a safety cage surrounding the upper portions
The interior ladder starts below the top hatch and runs to the floor It is in
good condition with no loose rungs or bolts noted
7 TOP HATCH
The tank has a 24" diameter top hatch in poor condition. The curb and lid
are corroded It was opened for the inspection and relocked with key #3753
8 TOP VENT
The tank has a 12" diameter top vent that is in poor condition. The dome is
corroded but properly screened
9 ROOF
The roof is properly sloped to prevent water ponding. The roof has rigid
conduit running across it diagonally to support five area security lights The
light support brackets are broken and the conduit is corroded No holes were
noted in the plate
The roof is supported by 25 rafters each 7" deep channels The rafters are
welded to the wall and resting on the center column support plate The ends
and edges of the rafters are corroded and in poor condition The center column
is two channels welded back to back. One is 6" wide and the other is 8" wide
The column is plumb and in good condition.
10 INTERIOR
The tank was drained for the inspection and access was gained through the
top hatch. No floating debris or evidence of insects was noted The water
quality was clear Minor sediment was located on the floor The tank has an
interior painter's angle running around the circumference just below the high
water line.
2
11 PROTECTIVE COATINGS
The 6 mils thick exterior coating system is in fair condition. A 3 mils thick
red lead primer is covered with a 3 mils thick epoxy coating The roof is starting
to rust along the weld seams and flat plate. Less than 1% of the exterior surface
area is rusting The lead content of the coating system is 94,100 ppm or 9% total
lead An adhesion test was performed and the coating is tightly adhered to the
steel
The 12 mils thick interior epoxy coating is in fair condition on the walls and
floor, however, approx. 30% of the ceiling surface area and rafters are corroded
The lead content of the coating is 350 ppm or less than 0 05% total lead
12. CONCLUSION & RECOMMENDATIONS
a. The tank is approx. 40 years old and in good structural condition with
the exception of the protective coating systems and the roof rafters
b The rafters and ceiling plates are corroded and need to be repaired
within 12 months to prevent further corrosion damage. The entire interior
coating is aged beyond its' expected life span and should be replaced now
c. The exterior protective coating system has reached the end of its'
expected life span and should be replaced now It has a high lead content of 9%
and removal procedures must follow EPA, OSHA & TNRCC guidelines
d Minor structural repairs are required to meet current TNRCC
guidelines
(1) repair rafter ends below top vent
(2) replace the top vent
(3) replace top hatch
(4) add 30" diameter manway in lower ring of steel
(5) extend the fill pipe to the top of the tank to improve the water quality
(6) add a moisture seal around steel toe to prevent corrosion damage
(7) remove electrical conduit and lights on roof
3
DUNHAM ENGINEERING
is Water Tank Consultants
13141 Hill Rd. • College Station,TX 77845 • (979)690-6555 •Mobile(979)820-1648 • FAX (979)690-7034
www.DunhamEngineering.com
tor
Report of Inspection
Pressure Tank @ Mary's Creek on FM 518
Pearland, Texas
Conducted by Jimmy D Dunham, P.E.
December 16, 2000
1 CONSTRUCTION
The welded steel pressure tank is approx. 20 years old. There is no data
plate on the tank and it is not an ASME coded vessel. The tank is 26' long with a
diameter of 8' The nominal capacity is 10,000 gallons.
2. FOUNDATION
The tank is supported by two concrete piers. The foundation for the piers is
below grade. The piers are plumb and in good condition. The tank is relatively
level.
3 PRESSURE GAUGE
A functional pressure gauge is located on the end of the tank with the air-
' water volume device. It reads in psi.
4. SIGHT GAUGE
A functional sight glass gauge is located on the end of the tank opposite the
manway to measure the tank's air-water volume.
5 PRESSURE RELIEF VALVE
The tank has a pressure relief valve located on top of the tank above the
sight gauge. The weld seam on the valve connection was in good condition. The
valve appears to be functional.
1
6 MANWAY
A 24" diameter manway is located on one end of the tank. The manway
v as opened for the inspection. No leaks were noted around the neck. The weld
seam is in good condition with no cracks noted
7 INTERIOR
The tank was drained for the inspection and the manway was removed
The interior was accessed through the manway No water quality deficiencies
were noted Approx 4" sediment is located on the floor of the tank.
8 PROTECTIVE COATINGS
The exterior coating is 10 mils thick and in good condition The coating is
an epoxy system Less than 1.% of the exterior steel is rusting
The interior steel has very little coating remaining There is minor residue
of coating above the high water line Approx 75% of the steel is rusting
The steel has extensive shallow pitting on the interior shell.
9 CONCLUSIONS & RECOMMENDATIONS
a The tank is approx. 20 years old and in good structural condition No
problems were noted with the weld seams Shallow pitting is extensive on the
interior shell
b The exterior of the tank is in good condition with less than 1 % rust.
c The interior of the tank is in poor condition The interior steel has
corrosion on approx 75% of the total surface area. The interior coating should
be replaced now to prevent further corrosion damage to the steel
2
SASI
Soil Analytical Services, Inc.
Company Dunham Engineering
Submitted by Jim Dunham,P.E.
Date Received: 12/4/00
Reference No. 003000579
Report Date: 12/12/00
Site: Pearland GST FM 518
Sample ID Lab ID Total Lead
mg/kg
Exterior 579-1 94,100
Intenor 579-2 345
Inferior,Dup 579-2* 369
Tech MRG
Date 11/7/00
Method 6010B11
"Test Methods for Evaluating Solid Waste, EPA SW-846 (1986)
Marianne R. Guzman
Assistant Lab Manager
415 Graham Rd.
College Station,TX 77845
(979) 690-2280
Fax: (979) 690-0261