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Advertisement, Proposal, Contract Documents,
General Conditions and Specifications
Repair & Paint Countryview
and Bluewater Tanks (2014)
Okaloosa County Water and Sewer System
Okaloosa County, Florida
The Board of County Commissioners
County Bid No. WS 24-14
Chairman
Don Amunds
Board Members
Nathan Boyles
Wayne R. Harris
Dave Parisot
Kelly Windes
Clerk
Don W. Howard
County Administrator
Ernie Padgett
Okaloosa County Water & Sewer System
Jeff Littrell, Director
December 2013
Job No. 41-459
ADDENDUM NO. 1
TO: ALL BIDDERS
PROJECT: Repair & Paint Countryview & BW Tanks (2014)
BID DATE: FEBRUARY 5, 2014
OWNER: BOARD OF COUNTY COMMISSIONERS,
OKALOOSA COUNTY, FLORIDA
February 3, 2014
A mandatory pre-bid meeting for bidders was held on January 22, 2014 to discuss the
pending bid and to answer questions from bidders. Following is a summary of items
discussed and other issues that have arisen since the pre-bid, which are hereby
incorporated in the project contract documents, plans, and specifications:
ITEM NO. 1 - SECTION 00020
Emphasized the following information:
• Bid time and date is 3:00 PM local time on February 5, 2014 at 302 N. Wilson
St., Room 305, Crestview, FL 32536.
• Crestview, Florida is NOT a next day delivery site.
ITEM NO. 2 - SECTION 00100
Emphasized the following information:
• Article 3 – Qualification of Bidders (00100-1) Minimum of 10 tanks within last 5
years for each specified application and full containment with current references.
Projects used as reference must have been completed with Contractor’s in-house
staff. No exceptions.
• Article 6 - Interpretations and Addenda (00100-5) No questions answered after
noon (local time) on January 31, 2014.
• Article 7 - Bid Security required (00100-6)
• Article 12.01 - (00100-7) - Original + 2 copies of the bid form (00100-7)
• Article 14 - Submittal of Bid - Again, not a next day delivery (00100-9)
• Articles 22, 24, 25, 27, 29 and 30 have forms that the bidder must sign and submit
with the bid form. These forms are found as attachments in Section 00300.
• Article 28 – References (00100-14) should be attached to bid as Attachment E –
Use format of your choice
ITEM NO. 3 – SECTION 00300
• Contract time of 120/180 days to substantial/final completion will not be
changed. Lack of need for extending contract time was discussed at pre-bid.
Addendum No. 1 - Page 2 of 4
• Contractors reminded that a minimum of 75% of project must be completed by
Contractor’s in-house employees.
ITEM NO. 4 – SECTION 01010
Two tanks are to be painted in this project. They are in separate service areas and
may be out of service simultaneously.
ITEM NO. 5 – SECTION 09870
Take Note of 1.6 B – Should any language barrier exist between the Contractor’s on-
site superintendent and the Owner or Engineer, the Contractor shall employ a full time
interpreter or provide a new on-site superintendent at no additional cost to the Owner.
Take Note of 2.1 Blast Abrasive – All of the abrasives shall be steel grit (size 50-80)
Add 3.5-B-6. as follows:
6. Upon final removal of containment system, painters’ clips on exterior of tank
shall be permanently removed, tank surface ground smooth and damaged
areas cleaned and painted in accordance with the requirements in these
Detailed Technical Specifications.
Take Note of 3.6-B-6b and c.:
The approved brands of brushes and rollers to be used for the project are
specified.
Add 3.6-C-3d. as follows:
d. All non-continuously welded (“skip welded”) seams, including roof beams, shall
be sealed utilizing Elastomeric Sealant, as specified in Part 2 of this Section of
the Detailed Technical Specifications.
Add to 3.7-C as follows:
All initial inspections at each hold point shall be at the expense of the Owner. If
any hold point does not pass the initial inspection, subsequent inspections for
that phase shall be at the Contractor’s expense.
ITEM NO. 6 – APPENDIX
• The location of the handrail to be added at the exit of the access tube on the
roof of each tank will be field located as directed by the Engineer.
• The Okaloosa County “Sanddollar” logo shall be painted with all details as
depicted in the drawing in the Appendix. Simplification for “ease of painting”
shall not be allowed.
Addendum No. 1 - Page 3 of 4
ITEM NO. 7 – General Questions from pre-bid and subsequent submittals
• Yes, the level of containment described in detail in Section 09870 will be
expected. “No cleaning/blasting debris, overspray or coating droplets shall
escape to the atmosphere.”
• Yes, the containment bonnet shall be required at all times (until such time
painting in immediate area of bonnet brackets/supports is required at
completion of project).
• Dust collection unit shall be a minimum of 40,000 cfm and shall include HEPA
filters that shall be new or certified clean. Dust collection shall be used during
ALL blasting work. All details specified in 09870-3.4 M
• Yes, there shall be, at Owner’s discretion, anniversary inspections throughout
the five year extended warranty. The tanks may be drained (at the discretion of
the Owner) for the initial inspections and will definitely be drained for the five
year anniversary. Specifics are included in 09870-3.10 (pg. 09870-30&31)
• Details that are available for Countryview Tank – Physical address is 139
Wildhorse Dr, Crestview, FL. Approximate height is 132.50’ to overflow.
Constructed in 1987. Take note of small site surrounded by residential
neighborhoods, swimming pools, etc. As noted in pre-bid, nearest neighbor
objects when tank overflows and potable water encroaches on his property.
• Bluewater Tank physical address is 4202 Hwy 20E, Niceville, FL
RECEIPT OF THIS ADDENDUM SHALL BE ACKNOWLEDGED BY WRITING THIS
ADDENDUM NO. AND DATE IN THE SPACE PROVIDED ON PAGE 00300-1 OF
THE BID PROPOSAL.
Beth Brant
Beth Brant, P.E. - Polyengineering, Inc.
Addendum No. 1 - Page 4 of 4
ADDENDUM NO. 2
TO: ALL BIDDERS
PROJECT: Repair & Paint Countryview & BW Tanks (2014)
BID DATE: FEBRUARY 5, 2014
OWNER: BOARD OF COUNTY COMMISSIONERS,
OKALOOSA COUNTY, FLORIDA
February 3, 2014
It was brought to our attention this morning that the required coatings for the dry
interior of the tanks in this project had been omitted from the specifications.
Table 1 – Coatings Schedule (page 09870-39) has been updated to include this
portion of the coatings and is re-issued as an attachment to this addendum.
RECEIPT OF THIS ADDENDUM SHALL BE ACKNOWLEDGED BY WRITING THIS
ADDENDUM NO. AND DATE IN THE SPACE PROVIDED ON PAGE 00300-1 OF
THE BID PROPOSAL.
Beth Brant
Beth Brant, P.E. - Polyengineering, Inc.
Addendum No. 2 - Page 2 of 3
TABLE 1 - Coatings Schedule (AS REVISED in ADDENDUM #2 – 2/3/14 to INCLUDE DRY INTERIOR COATINGS)
Prime6 Intermediate #1 Intermediate #2 Final Total System
Coating (mils - DFT) (mils - DFT) (mils - DFT) (mils - DFT) (mils - DFT)
System Surface Prep Product4 Product4 Product4 Product4 Min 5 - Max 5
OCS-4 SSPC-6 Zinc-Rich Primer Epoxy Polyurethane Fluoropolymer Urethane
(Modified) 2.5 - 3.5 3.0-5.0 2.0 - 3.0 2.0 - 3.0 10.0 - 16.5
Series 91-H20 N140 - 1255 1075 Endura-Shield Series 700 HydroFlon
Hydro-Zinc Pota-Pox Plus
ICS-5 SSPC-10 (Immersion) Zinc-Rich Primer 100% Solids Epoxy2 32.5 - 42.5
2.5 - 3.5 30.0 - 40.0 (42.5 - 52.5)3
Series 91-H20 Series FC22
Hydro-Zinc Epoxoline
SSPC-6 (Other Areas) Zinc-Rich Primer Epoxy Epoxy 11.0 - 15.5
2.5 - 3.5 4.0 - 6.0 4.0 - 6.0
Series 91-H20 Series 20 Series 20
Hydro-Zinc Pota-Pox Pota-Pox
Concrete SSPC-7 Acrylic Elastomeric Acrylic
4.0 - 6.0 Elastomeric
Series 156 4.0 - 6.0 10.0
Enviro-Crete Series 156
Enviro-Crete
1
A stripe coat of epoxy shall be applied by brush to all weld seams, ladders, edges, etc., prior to receiving first intermediate coat on exterior
surfaces and prior to the finish coat on interior surfaces.
2
All interior roof beams, sharp edges and other difficult to coat areas shall receive 40.0 – 50.0 mils of epoxy lining
3
Total Dry Film Thickness for roof beams, sharp edges and other difficult to coat areas
4
All products are as manufactured by Tnemec Company, Inc.
5
Mil thicknesses for individual coats shall not exceed manufacturer’s written recommendation.
6
An additional coat of zinc-rich primer shall be shop-applied to the replacement ladders and other replacement parts.
Repair & Paint
Countryview & Bluewater Tanks (2014) Job No. 41-459
009870 - 39
TABLE OF CONTENTS
DIVISION 0 - CONTRACT & BIDDING REQUIREMENTS
00020 Advertisement for Bids
00100 Instructions to Bidders
00300 Bid Proposal
00410 Bid Bond
00500 Contract
00610 Performance Bond
00620 Payment Bond
00624 Warranty
00700 General Conditions
00800 Supplementary Conditions
DIVISION 1 - GENERAL REQUIREMENTS
01010 Summary of Work
01060 Regulatory Requirements
01300 Submittals
01700 Contract Closeout
01711 Clean Up
01740 Warranties & Bonds
DIVISION 9 - FINISHES
09870 Paint and Repair Water Tanks
APPENDIX
• Maps
• Bluewater As-builts
• Handrail Sketch
• Sand Dollar Logo
Repair & Paint
Countryview & Bluewater Tanks (2014) TOC-1 Job No. 41-459
SECTION 00020
ADVERTISEMENT FOR BIDS
Board of County Commissioners - Okaloosa County, Florida
OWNER
Separate sealed bids for the construction of “Repair and Paint Countryview and Bluewater Tanks
(2014)” will be received by the Board of County Commissioners, Okaloosa County, Florida in
the Conference & Training Room #305 at 302 N. Wilson St, Crestview, FL until 3 PM. (local
time) on Wed., Feb. 5, 2014 and then publicly opened and read aloud.
A mandatory pre-bid conference is scheduled for 2 PM. (local time) on Wed., Jan. 22, 2014. The
conference will be held at 1804 Lewis Turner Boulevard, Suite 300, Small Conference Room,
Fort Walton Beach, FL. You must attend this pre-bid conference to be allowed to submit a bid.
All bidders must provide references documenting successful completion of a minimum of ten
elevated water tank painting projects within the last five years using the coating systems and
methods specified in the bid documents. In addition, a minimum of 75% of work on this project
shall be completed by the Contractor’s personnel.
The Information for Bidders, Form of Bid, Form of Contract, Plans, Specifications, and Forms of
Bid Bond, Performance and Payment Bonds, and other contract documents may be examined at
the following: Polyengineering, Inc., (Engineer) located at 102 Sunset Lane, Shalimar, Florida,
32579, or at the Okaloosa County Water & Sewer Office located at 1804 Lewis Turner
Boulevard, Suite 300, Fort Walton Beach, Florida, 32547. Copies may be obtained from
Polyengineering, Inc., 102 Sunset Lane, Shalimar, FL 32579 upon payment of $25, non-
refundable, for each set.
All bids must be in sealed envelopes reflecting on the outside thereof "Repair and Paint
Countryview and Bluewater Tanks (2014)” to be opened at 3 PM. (local time) on Wed., Feb. 5,
2014. The Board of County Commissioners will consider all bids properly submitted at its
scheduled Bid Opening in the Conference & Training Room #305 located at 302 N. Wilson St,
Crestview, FL 32536. Bids may be submitted in the Conference & Training Room #305, prior to
Bid Opening or delivered to the Clerk of Circuit Court, 302 N. Wilson St., #203, Crestview, FL
32536. Note: Crestview is NOT a next day delivery site.
Any bidder failing to mark outside of envelope as set forth herein may not be entitled to have
their bid considered.
All bids should be addressed as follows:
Clerk of Circuit Court - ATTN: Gary Stanford
Newman “Buddy” Brackin Bldg.
302 N. Wilson St., #203
Crestview, Florida 32536
______________________________
Richard Brannon
Purchasing Director
Repair & Paint
Countryview & Bluewater Tanks (2014) 00020-1 Job No. 41-459
BOARD OF COUNTY COMMISSIONERS
OKALOOSA COUNTY, FLORIDA
Don Amunds
Chairman
Repair & Paint
Countryview & Bluewater Tanks (2014) 00020-2 Job No. 41-459
SECTION 00100
INSTRUCTIONS TO BIDDERS
ARTICLE 1 - DEFINED TERMS.
Terms used in these Instructions to Bidders will have the meanings indicated in the General
Conditions and Supplementary Conditions.
Additional terms used in these Instructions to Bidders have the meanings indicated below which
are applicable to both the singular and plural thereof.
1.01 Bidder - The individual or entity who submits a Bid directly to Owner.
1.02 Successful Bidder - The lowest, responsible Bidder submitting a responsive bid to whom
Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award.
ARTICLE 2 - COPIES OF BIDDING DOCUMENTS.
2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any,
stated in the Advertisement or Invitation to Bid may be obtained from the Engineer. The deposit
or a portion thereof will be refunded to each document holder of record who returns a complete
set of Bidding Documents in good condition within thirty (30) days after opening of Bids.
2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor
Engineer assume any responsibility for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents.
2.03 Owner and Engineer in making copies of Bidding Documents available on the above
terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or
grant for any other use.
ARTICLE 3 - QUALIFICATIONS OF BIDDERS.
3.01 The Contractor’s employees shall be trained in application techniques and procedures for
the specified coating materials for this project. The Contractor shall demonstrate a minimum of
five (5) years of successful experience in each specified application on elevated water storage
tanks. All projects used as a reference must have been completed by the Contractor with in-
house staff. Projects completed by sub-contractors, by current staff while in the employ of other
companies or of structures other than elevated water tanks will not be considered.
3.02 The Contractor shall provide references for a minimum of ten elevated water storage
tanks within the last five years for each specified application. Individual projects that satisfy
more than one area of experience shall be clearly labeled as such in the reference list. The
Contractor is solely responsible for the validity of all contact information provided. No effort
will be made on part of either Owner or Engineer to locate valid contact information if data
provided is not current.
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Countryview & Bluewater Tanks 00100-1 Job No. 41-459
All references shall include (but not be limited to):
• Name of Project
• Project Location
• Owner Name, Address and Telephone Number
• Owner Email (if available)
• Owner Contact Name
• Project Engineer Firm, Address and Telephone Number
• Engineer Email (if available)
• Engineer Contact Name
3.03 Reference Scope of Work for Exterior Surfaces (10 tanks minimum for each):
• Full containment system with a bonnet, minimum SSPC Guide 6 Class 3 including air
filtration, as specified in Section 09870.
• Exterior abrasive blast cleaned to SSPC-SP 10 Near White Finish with recyclable
steel grit.
• Application of an organic, zinc-rich urethane primer, epoxy and/or urethane
intermediate and fluoropolymer urethane or polyurethane finish to exterior surface.
3.04 Reference Scope of Work for Interior Surfaces (10 tanks minimum for each):
• Abrasive blast cleaned with recyclable steel grit and using adequately sized air
filtration, as specified in Section 09870.
• Installation of a moisture cured, urethane organic, zinc-rich primer.
• Installation of 100% solids by volume, heated plural component applied, interior
lining system
• High voltage discontinuity testing of thick film interior lining systems.
3.05 The successful low bidder will be required to acquire a county business license before the
contract will be awarded.
ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED
DATA, AND SITE.
4.01 Subsurface and Physical Conditions
A. Reference is made to the Supplementary Conditions for the identification of:
1. Those reports of explorations and tests of subsurface conditions at or
contiguous to the Site, if any, that ENGINEER has used in preparing the
Bidding Documents.
2. Those drawings of physical conditions in or relating to existing surface
and subsurface structures at or contiguous to the Site (except Underground
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Countryview & Bluewater Tanks 00100-2 Job No. 41-459
Facilities) that ENGINEER has used in preparing the Bidding Documents.
B. Copies of reports and drawings referenced in paragraph 4.01.A will be made
available by OWNER to any Bidder on request. Those reports and drawings are not part of the
Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to
rely as provided in paragraph 4.02 of the General Conditions has been identified and established
in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation
or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions
or information contained in such reports or shown or indicated in such drawings.
4.02 Underground Facilities
A. Information and data shown or indicated in the Bidding Documents with respect to
existing Underground Facilities at or contiguous to the Site is based upon information and data
furnished to OWNER and ENGINEER by owners of such Underground Facilities, including
OWNER, or others. ENGINEER assumes no responsibility for the accuracy or completeness of
the information furnished by said owners.
4.03 Hazardous Environmental Condition
A. The Supplementary Conditions identify those reports and drawings relating to a
Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in
preparing the Bid Documents.
B. Copies of reports and drawings referenced in paragraph 4.03.A will be made
available by OWNER to any Bidder on request. Those reports and drawings are not part of the
Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to
rely as provided in paragraph 4.06 of the General Conditions has been identified and established
in paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation
or conclusion Bidder draws from any “technical data” or any other data, interpretations,
opinions, or information contained in such reports or shown or indicated in such drawings.
4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective
Bidders with respect to subsurface conditions, other physical conditions and Underground
Facilities, and possible changes in the Bidding Documents due to differing or unanticipated
conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions
concerning responsibilities for the adequacy of data furnished to prospective Bidders with
respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the
Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at
the Site which was not shown or indicated in the Drawings or Specifications or identified in the
Contract Documents to be within the scope of Work appear in paragraph 4.06 of the General
Conditions.
4.05 On request, OWNER will provide Bidder access to the Site to conduct such
examinations, investigations, explorations, tests, and studies as Bidder deems necessary for
submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former
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Countryview & Bluewater Tanks 00100-3 Job No. 41-459
condition upon completion of such explorations, investigations, tests, and studies.
4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of
the general nature of other work that is to be performed at the Site by OWNER or others (such as
utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted.
On request, OWNER will provide to each Bidder for examination access to or copies of Contract
Documents (other than portions thereof related to price) for each other work.
4.07 It is the responsibility of each Bidder before submitting a Bid to:
A. examine and carefully study the Bidding Documents, including any Addenda and the
other related data identified in the Bidding Documents;
B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and
Site conditions that may affect cost, progress, and performance of the Work.
C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and
Regulations that may affect cost, progress, or performance of the Work;
D. carefully study all reports of explorations and tests of subsurface conditions at or
contiguous to the Site and all drawings of physical conditions in or relating to existing surface or
subsurface structures at or contiguous to the Site (except Underground Facilities) which have
been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General
Conditions, and carefully study all reports and drawings of a Hazardous Environmental
Condition, if any, at the Site which have been identified in the Supplementary Conditions as
provided in paragraph 4.06 of the General Conditions;
E. obtain and carefully study (or assume responsibility for doing so) all examinations,
investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface,
and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or
performance of the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by Bidder, including any specific
means, methods, techniques, sequences, and procedures of construction expressly required by
the Bidding Documents, and safety precautions and programs incident thereto;
F. agree at the time of submitting its Bid that no further examinations, investigations,
explorations, tests, studies, or data are necessary for the determination of its Bid for performance
of the Work at the price bid and within the times and in accordance with the other terms and
conditions of the Bidding Documents;
G. become aware of the general nature of the work to be performed by OWNER and
others at the Site that relates to the Work as indicated in the Bidding Documents;
H. correlate the information known to Bidder, information and observations obtained
from visits to the Site, reports and drawings identified in the Bidding Documents, and all
additional examinations, investigations, explorations, tests, studies, and data with the Bidding
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Countryview & Bluewater Tanks 00100-4 Job No. 41-459
Documents;
I. promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder discovers in the Bidding Documents and confirm that the written
resolution thereof by ENGINEER is acceptable to Bidder; and
J. determine that the Bidding Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for the performance of the Work.
4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that
Bidder has complied with every requirement of this Article 4, that without exception the Bid is
premised upon performing and furnishing the Work required by the Bidding Documents and
applying any specific means, methods, techniques, sequences, and procedures of construction
that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has
given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that
Bidder has discovered in the Bidding Documents and the written resolutions thereof by
ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to
indicate and convey understanding of all terms and conditions for performing and furnishing the
Work.
ARTICLE 5 - SITE AND OTHER AREAS.
5.01 The site is identified in the Bidding Documents. All additional lands and access thereto
required for temporary construction facilities, construction equipment, or storage of materials
and equipment to be incorporated in the Work are to be obtained and paid for by
CONTRACTOR. Easements for permanent structures or permanent changes in existing
facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding
Documents.
ARTICLE 6 - INTERPRETATIONS AND ADDENDA.
6.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to
ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in
response to such questions will be issued by Addenda mailed, emailed, faxed or delivered to all
parties recorded by ENGINEER as having received the Bidding Documents. Questions received
less than ten days prior to the date for opening of Bids may not be answered. Only questions
answered by Addenda will be binding. Oral and other interpretations or clarifications will
be without legal effect.
6.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed
advisable by OWNER or ENGINEER.
ARTICLE 7 - BID SECURITY.
7.01 A Bid must be accompanied by Bid security made payable to OWNER in an amount of
5% of Bidder’s maximum Bid price and in the form of a cashier’s check or a Bid Bond on the
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Countryview & Bluewater Tanks 00100-5 Job No. 41-459
form attached issued by a surety meeting the requirements of paragraphs 5.01 and 5.02 of the
General Conditions.
7.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed
the Contract Documents, furnished the required contract security and met the other conditions of
the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails
to execute and deliver the Contract Documents and furnish the required contract security within
15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security
of that Bidder will be forfeited. The Bid security of other Bidders whom OWNER believes to
have a reasonable chance of receiving the award may be retained by OWNER until the earlier of
seven (7) days after the effective date of the Agreement or thirty-six (36) days after the bid
opening whereupon Bid security furnished by such Bidder will be returned.
7.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of
receiving the award will be returned within seven days after the Bid opening.
ARTICLE 8 - CONTRACT TIMES.
8.01 The number of days within which, or the dates by which, the Work is to be (a)
Substantially Completed and (b) also completed and ready for final payment are set forth in the
Agreement.
ARTICLE 9 - LIQUIDATED DAMAGES.
9.01 Provisions for liquidated damages, if any, are set forth in the Agreement.
ARTICLE 10 - SUBSTITUTE AND “OR-EQUAL” ITEMS.
10.01 The Contract, if awarded, will be on the basis of materials and equipment specified or
described in the Bidding Documents without consideration of possible substitute or “or-equal”
items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-
equal” item of material or equipment may be furnished or used by CONTRACTOR if acceptable
to ENGINEER, application for such acceptance will not be considered by ENGINEER until after
the Effective Date of the Agreement. The procedure for submission of any such application by
CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and
may be supplement in the General Requirements.
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Countryview & Bluewater Tanks 00100-6 Job No. 41-459
ARTICLE 11 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS.
11.01 The Contractor shall perform a minimum of 75 percent of work by his own work forces
unless specifically authorized by the Owner and Engineer and no Subcontractor shall be allowed
to perform work on the project unless they are acceptable to the Owner and Engineer.
11.02 If OWNER requests the identity of certain Subcontractors, Suppliers, individuals, or
entities to be submitted to OWNER in advance of the Effective Date of the Agreement as
provided for in paragraph 6.06.B.1) of the Supplementary Conditions, the apparent Successful
Bidder, and any other Bidder so requested, shall within seven (7) days after receipt of a written
request from the OWNER or the ENGINEER, submit to OWNER a list of all such
Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for
which such identification is required. Such list shall be accompanied by an experience statement
with pertinent information regarding similar projects and other evidence of qualification for each
such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or
ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor,
Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request
apparent Successful Bidder to submit a substitute, in which case apparent Successful Bidder
shall submit an acceptable substitute, Bidder’s Bid price will be increased (or decreased) by the
difference in cost occasioned by such substitution, and OWNER may consider such price
adjustment in evaluating Bids and making the contract award.
11.03 If apparent Successful Bidder declines to make any such substitution, OWNER may
award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors,
Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute
grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier,
individual, or entity so listed and against which OWNER or ENGINEER makes no written
objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and
ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement
as provided in paragraph 6.06 of the General Conditions.
11.04 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual,
or entity against whom CONTRACTOR has reasonable objection.
ARTICLE 12 - PREPARATION OF BID.
12.01 The bid form is included with the Bidding Documents. Additional copies may be
obtained from ENGINEER. The Bidder shall submit an original and two (2) copies of the
bid form.
12.02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the
Bid signed. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit
price item, and unit price item listed therein, or the words “No Bid”, “No Change”, or “Not
Applicable” entered.
12.03 A Bid by a corporation shall be executed in the corporate name by the president or a
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Countryview & Bluewater Tanks 00100-7 Job No. 41-459
vice-president or other corporate officer who has legal authority to sign. The corporate seal shall
be affixed and attested by the secretary or an assistant secretary. The corporate address and state
of incorporation shall be shown below the signature.
12.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner
(whose title must appear under the signature). The official address of the partnership shall be
shown below the signature.
12.05 A Bid by a limited liability company shall be executed in the name of the firm by a
member and accompanied by evidence of authority to sign. The state of formation of the firm
and the official address of the firm must be shown below the signature.
12.06 A Bid by an individual shall show the Bidder’s name and official address.
12.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated
on the Bid form. The official address of the joint venture must be shown below the signature.
12.08 All names shall be typed or printed in ink below the signature.
12.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of
which shall be filled in on the Bid form.
12.10 The address and telephone number for communications regarding the Bid shall be shown.
12.11 If the Bidder is an out-of-state corporation, the Bid shall contain evidence of Bidder’s
authority and qualification to do business as an out-of-state corporation in the State of Florida in
accordance with Article 3. Bidder’s state contractor license number for the State of Florida shall
also be shown on the Bid form, if applicable. Contractor shall be licensed in accordance with the
requirements of Chapter 489 of the Florida Statues.
ARTICLE 13 - BASIS OF BID; EVALUATION OF BIDS.
13.01 Unit Price
A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the
Bid schedule.
B. The total of all estimated prices will be determined as the sum of the products of the
estimated quantity of each item and the unit price Bid for the item. The final quantities and
Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions.
C. Discrepancies between the multiplication of units of Work and unit prices will be
resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of
figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies
between words and figures will be resolved in favor of the words.
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Countryview & Bluewater Tanks 00100-8 Job No. 41-459
13.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and
profit on account of cash allowances, if any, named in the Contract Documents as provided in
paragraph 11.02 of the General Conditions.
13.03 When completion times are not set forth in the agreement but instead are to be specified
by the BIDDER, bid prices will be compared after adjusting for differences in the time
designated by Bidders for Substantial Completion. The adjusting amount will be determined at
the rate set forth in the Contract Documents for liquidated damages for failing to achieve
Substantial Completion for each day before or after the desired date appearing in Article 9.
ARTICLE 14 - SUBMITTAL OF BID.
14.01 A Bid shall be submitted no later than the date and time prescribed and at the place
indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed
envelope plainly marked with the Project title (and, if applicable, the designated portion of the
Project for which the Bid is submitted), the name and address of the Bidder, and shall be
accompanied by the Bid security and other required documents. If a Bid is sent by mail or other
delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope
plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be
addressed to:
Clerk of Circuit Court
ATTN: Gary Stanford
Newman “Buddy” Brackin Bldg.
302 N. Wilson St., Suite 203
Crestview, FL 32536
NOTE: CRESTVIEW IS NOT A NEXT DAY DELIVERY SITE FOR OVERNIGHT
CARRIERS.
ARTICLE 15 - MODIFICATION AND WITHDRAWAL OF BID.
15.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the
manner that a Bid must be executed and delivered to the place where Bids are to be submitted
prior to the date and time for the opening of Bids.
15.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice
with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER
that there was a material and substantial mistake in the preparation of its Bid, that Bidder may
withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that
Bidder will be disqualified from 1) further bidding on the Work, and 2) doing any work on the
Contract, either as a subcontractor or in any other capacity.
ARTICLE 16 - OPENING OF BIDS.
16.01 Bid opening shall be public, on the date and time specified on the Bid form. It is the
Bidder’s responsibility to assure that his bid is delivered at the proper time and place. Offers by
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Countryview & Bluewater Tanks 00100-9 Job No. 41-459
email, telegram, facsimile or telephone are not acceptable.
16.02 Bids will be opened at the time and place indicated in the advertisement or invitation to
Bid and, unless obviously non-responsive, read aloud publicly. A tabulation of the amounts of
Bids will be made available to Bidders after the opening of Bids.
ARTICLE 17 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE.
17.01 All Bids will remain subject to acceptance for thirty-five (35) days after the day of the
bid opening, but the OWNER may, in its sole discretion, release any Bid and return the Bid
security prior to the end of this period.
ARTICLE 18 - AWARD OF CONTRACT.
18.01 Right to Waive and Reject:
A. The Board, in its absolute discretion, may reject any Bid of a Bidder that has failed, in the
opinion of the Board, to complete or perform an Okaloosa County contracted project in a
timely fashion or has failed in any other way, in the opinion of the Board, to perform a
prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing
Director to emphasize this condition to potential proposers.
B. There is no obligation on the part of the County to award the Bid to the lowest Bidder,
and the County reserves the right to award the Bid to Bidder submitting a responsive Bid
with a resulting negotiated agreement which is most advantageous and in the best interest
of Okaloosa County and to reject any and all Bids or to waive any irregularity or
technicality in Bids received. Okaloosa County shall be the sole judge of the Bid and the
resulting negotiated agreement that is in its best interest and its decision shall be final.
C. The Board of County Commissioners reserves the right to waive any informalities or
reject any and all Bids, in whole or part, to utilize any applicable state contracts in lieu of
or in addition to this Bid and to accept the Bid that in its judgement will best serve the
interest of the County.
D. The Board of County Commissioners specifically reserves the right to reject any
conditional Bids and will normally reject those which made it impossible to determine
the true amount of the Bid. Each item must be Bid separately and no attempt is to be
made to tie any item or items to any other item or items.
18.02 Disqualification of Bidders:
Any of the following reasons may be considered as sufficient for the disqualification of a Bidder
and the rejection of his Bid or Bids:
A. More than one Bid for the same work from an individual, firm or corporation under the
same or different name.
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B. Evidence that the Bidder has a financial interest in the firm of another Bidder for the
same work.
C. Evidence of collusion among Bidders. Participants in such collusion will receive no
recognition as Bidders for any future work of the County until such participant shall have
been reinstated as a qualified Bidder.
D. Uncompleted work which in the judgement of the County might hinder or prevent the
prompt completion of additional work if awarded.
E. Failure to pay or satisfactorily settle all bills due for labor and material on former
contracts in force at the time of advertisement for bids.
F. Default under previous contract.
G. Listing of the Bidder by the Federal Government on its barred/suspended vendor list.
ARTICLE 19 - CONTRACT SECURITY AND INSURANCE.
19.01 Article 5 of the General Conditions, as may be modified by the Supplementary
Conditions, sets forth OWNER’s requirements as to performance and payment Bonds and
insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be
accompanied by such Bonds and Insurance Certificates.
ARTICLE 20 - SIGNING OF AGREEMENT.
20.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be
accompanied by the required number of unsigned counterparts of the Agreement with the other
Contract Documents which are identified in the Agreement as attached thereto. Within 15 days
thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the
Agreement and attached documents to OWNER. Within ten days thereafter, OWNER shall
deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings
with appropriate identification.
ARTICLE 21 - PUBLIC ENTITY CRIME INFORMATION.
21.01 A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
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ARTICLE 22 - CONFLICT OF INTEREST.
22.01 The award hereunder is subject to the provision of Chapter 112, Florida Statutes. All
bidders must disclose with their bid proposal the name of any officer, director, or agent who is
also a public officer or an employee of the Okaloosa County Board of County Commissioners, or
any of its agencies. Further, all bidders must disclose with their bid proposal the name of any
County officer or employee who owns, directly or indirectly, an interest of five percent (5%) or
more in the firm or any of its branches.
22.02 The Contractor, prior to or at the time of submission of the bid proposal, must file a
statement with the Clerk of Circuit Court of Okaloosa County, or other designated official in the
case of another owner, if he is an officer or employee of the County, disclosing his or spouse's or
child's interest and the nature of the intended business.
Note: (For Bidder's convenience, this form of Conflict of Interest Disclosure is enclosed as
Attachment "A" with Section 00300 "Bid Proposal" and is made a part of the Bid
Package.)
ARTICLE 23 - PRE-BID CONFERENCE.
23.01 A mandatory Pre-Bid conference will be held at 2:00 PM on Wednesday, January 22,
2014 in the Small Conference Room, 1804 Lewis Turner Blvd., Fort Walton Beach, FL 32547.
Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are
required to attend and participate in the conference. ENGINEER will transmit to all
prospective Bidders of record such Addenda as ENGINEER considers necessary to response to
questions arising at the conference. Oral statements may not be relied upon and will not be
binding or legally effective.
ARTICLE 24 - IDENTICAL TIE PROPOSALS
24.01 Preference shall be given to businesses with drug-free workplace programs. Should two
or more proposals which are equal with respect to price, quality and service be received by the
County for the procurement of commodities or contractual services, a proposal received from a
business that certifies that it has implemented a drug-free workplace program shall be given
preference in the award process. In order to determine whether or not a business has such a
program, the enclosed Drug-Free Workplace Certification form must be submitted with the bid.
Failure to submit this Certification will result in your bid being declared non-responsive;
provided, however, that the low bidder may be given the opportunity to submit the Certification
to the County within five (5) calendar days after notification by the County if this is determined
to be in the best interest of the County.
24.02 Established procedures for processing tie proposals will be followed if none of the tied
vendors have a drug-free workplace program.
Note: (For Bidder's convenience, this form of Drug-Free Workplace Certification is enclosed
as Attachment "B" with Section 00300 "Bid Proposal" and is made a part of the Bid
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Countryview & Bluewater Tanks 00100-12 Job No. 41-459
Package.)
ARTICLE 25 - INDEMNIFICATION AND HOLD HARMLESS
25.01 Each Bidder must submit with his bid an executed sworn certification that he will
comply with the Hold Harmless in accordance with the provisions of Florida Statutes, Section
725.06
To the fullest extent permitted by law, CONTRACTOR shall indemnify hold harmless OWNER,
its officers and employees from liabilities, damages, losses, and costs including but not limited to
reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the CONTRACTOR and other persons employed or utilized by the
CONTRACTOR in the performance of this Agreement.
Note: (For Bidder's convenience, this Certification Form is enclosed as Attachment "C"
with Section 00300 "Bid Proposal" and is made a part of the Bid Package.)
ARTICLE 26 - DISCRIMINATION
26.01 An entity or affiliate who has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public entity,
may not award or perform work as a contractor, supplier, subcontractor, or consultant
under contract with any public entity, and may not transact business with any public
entity.
ARTICLE 27 - INSURANCE
27.1 Each Bidder along with his insurance agent/carrier shall review the insurance
requirements for this project and each Bidder shall submit with his bid an executed sworn
certification that insurance policies currently in effect meet the requirements or that a
quotation for additional policies or policy modifications was obtained to meet the
requirements of this project.
Note: (For Bidder’s convenience, this Insurance Compliance Certification Form is enclosed
as Attachment “D” with Section 00300 “Bid Proposal” and is made a part of the Bid
Package.)
ARTICLE 28 - REFERENCES
28.1 Each Bidder shall provide a listing of references as outlined in Paragraph 3 of this
Section.
Note: (For Bidder’s convenience, a Reference Form is enclosed as Attachment “E” with
Section 00300 “Bid Proposal” and is made a part of the Bid Package. Bidder may
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Countryview & Bluewater Tanks 00100-13 Job No. 41-459
substitute reference listing of their own format for Attachment “E” if said listing includes
all information for each project outlined in Paragraph 3 of this Section.)
ARTICLE 29 - NO CONTACT CLAUSE
28.1 The Okaloosa County Board of County Commissioners has established a solicitation
silence policy (No Contact Clause) that prohibits oral and written communication
regarding all formal solicitations for goods and services (formal bids, Request for
Proposals, Requests for Qualifications) issued by the Board through the County
Purchasing Department. The period commences when the procurement document is
received and terminates when the Board of County Commissioners approves an award.
Each Bidder shall review and sign the enclosed form indicating that the Bidder agrees to
abide by the County’s “No Contact Clause” and understands that a violation of this
policy shall result in disqualification of their bid.
Note: (For Bidder’s convenience, this No Contact Clause Form is enclosed as Attachment
“F” with Section 00300 “Bid Proposal” and is made a part of the Bid Package.)
ARTICLE 30 - PROTECTION OF RESIDENT WORKERS
29.1 The Okaloosa County Board of County Commissioners actively supports the Immigration &
Nationality Act (INA) which includes provisions addressing employment eligibility,
employment verification, and nondiscrimination. Under the INA, employers may hire only
persons who may legally work in the United States, (i.e., citizens and nationals of the U.S.)
and aliens authorized to work in the U. S. the employer must verify the identity and
employment eligibility of anyone to be hired, which includes completing the Employment
Eligibility Verification. The contractor shall establish appropriate procedures and controls
so no services or products under the contract documents will be performed or manufactured
by any worker who is not legally eligible to perform such services or employment.
Okaloosa County reserves the right to request documentation showing compliance with the
requirement.
Note: (For Bidder’s convenience, this Protection of Resident Workers form is enclosed as
Attachment “G” with Section 00300 “Bid Proposal” and is made a part of the Bid
Package.)
END OF SECTION 00100.
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Countryview & Bluewater Tanks 00100-14 Job No. 41-459
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or
modification. This document should be adapted to the particular circumstances of the contemplated Project and the
Controlling Law.
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
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
This document has been approved and endorsed by
The Associated General Contractors of America
Construction Specifications Institute
These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A-1 or 1910-8-
A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other.
Comments concerning their usage are contained in the EJCDC User’s Guide (No. 1910-50). For guidance in the
preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996
Edition).
EJCDC No. 1910-8 (1996 Edition)
General Conditions Page 00700-1
Copyright ©1996
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
General Conditions Page 00700-2
TABLE OF CONTENTS
Page
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY................................................................................................................6
1.01 Defined Terms ...................................................................................................................................................6
1.02 Terminology.......................................................................................................................................................8
ARTICLE 2 - PRELIMINARY MATTERS ..................................................................................................................................9
2.01 Delivery of Bonds ..............................................................................................................................................9
2.02 Copies of Documents.........................................................................................................................................9
2.03 Commencement of Contract Times; Notice to Proceed ...................................................................................9
2.04 Starting the Work ..............................................................................................................................................9
2.05 Before Starting Construction ............................................................................................................................9
2.06 Preconstruction Conference .............................................................................................................................10
2.07 Initial Acceptance of Schedules ........................................................................................................................10
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .........................................................................10
3.01 Intent..................................................................................................................................................................10
3.02 Reference Standards..........................................................................................................................................10
3.03 Reporting and Resolving Discrepancies...........................................................................................................11
3.04 Amending and Supplementing Contract Documents........................................................................................11
3.05 Reuse of Documents ..........................................................................................................................................11
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE
POINTS .....................................................................................................................................................................11
4.01 Availability of Lands .........................................................................................................................................11
4.02 Subsurface and Physical Conditions ................................................................................................................12
4.03 Differing Subsurface or Physical Conditions...................................................................................................12
4.04 Underground Facilities.....................................................................................................................................13
4.05 Reference Points................................................................................................................................................14
4.06 Hazardous Environmental Condition at Site....................................................................................................14
ARTICLE 5 - BONDS AND INSURANCE ..................................................................................................................................15
5.01 Performance, Payment, and Other Bonds........................................................................................................15
5.02 Licensed Sureties and Insurers .........................................................................................................................15
5.03 Certificates of Insurance ...................................................................................................................................15
5.04 CONTRACTOR’s Liability Insurance ..............................................................................................................15
5.05 OWNER’s Liability Insurance ..........................................................................................................................16
5.06 Property Insurance............................................................................................................................................16
5.07 Waiver of Rights ................................................................................................................................................17
5.08 Receipt and Application of Insurance Proceeds...............................................................................................18
5.09 Acceptance of Bonds and Insurance; Option to Replace.................................................................................18
5.10 Partial Utilization, Acknowledgment of Property Insurer ...............................................................................18
ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES ..............................................................................................................18
6.01 Supervision and Superintendence.....................................................................................................................19
6.02 Labor; Working Hours......................................................................................................................................19
6.03 Services, Materials, and Equipment .................................................................................................................19
6.04 Progress Schedule.............................................................................................................................................19
6.05 Substitutes and “Or-Equals”............................................................................................................................19
6.07 Patent Fees and Royalties.................................................................................................................................22
6.08 Permits...............................................................................................................................................................22
6.09 Laws and Regulations .......................................................................................................................................22
6.10 Taxes..................................................................................................................................................................22
General Conditions Page 00700-3
6.11 Use of Site and Other Areas..............................................................................................................................22
6.13 Safety and Protection ........................................................................................................................................23
6.14 Safety Representative ........................................................................................................................................23
6.15 Hazard Communication Programs...................................................................................................................24
6.16 Emergencies ......................................................................................................................................................24
6.17 Shop Drawings and Samples ............................................................................................................................24
6.18 Continuing the Work .........................................................................................................................................25
6.19 CONTRACTOR’s General Warranty and Guarantee......................................................................................25
6.20 Indemnification..................................................................................................................................................25
ARTICLE 7 - OTHER WORK .......................................................................................................................................................26
7.01 Related Work at Site..........................................................................................................................................26
7.02 Coordination .....................................................................................................................................................27
ARTICLE 8 - OWNER’S RESPONSIBILITIES...........................................................................................................................27
8.01 Communications to Contractor ........................................................................................................................27
8.02 Replacement of ENGINEER .............................................................................................................................27
8.03 Furnish Data .....................................................................................................................................................27
8.04 Pay Promptly When Due...................................................................................................................................27
8.05 Lands and Easements; Reports and Tests ........................................................................................................27
8.06 Insurance ...........................................................................................................................................................27
8.07 Change Orders ..................................................................................................................................................27
8.08 Inspections, Tests, and Approvals.....................................................................................................................27
8.09 Limitations on OWNER’s Responsibilities .......................................................................................................27
8.10 Undisclosed Hazardous Environmental Condition..........................................................................................27
8.11 Evidence of Financial Arrangements ...............................................................................................................27
ARTICLE 9 - ENGINEER’S STATUS DURING CONSTRUCTION ........................................................................................28
9.01 OWNER’S Representative.................................................................................................................................28
9.02 Visits to Site .......................................................................................................................................................28
9.03 Project Representative ......................................................................................................................................28
9.04 Clarifications and Interpretations ....................................................................................................................28
9.05 Authorized Variations in Work .........................................................................................................................28
9.06 Rejecting Defective Work..................................................................................................................................28
9.07 Shop Drawings, Change Orders and Payments...............................................................................................28
9.08 Determinations for Unit Price Work…………………………………………………………......................28
9.09 Decisions on Requirements of Contract Documents and Acceptability of Work ............................................29
9.10 Limitations on ENGINEER’s Authority and Responsibilities..........................................................................29
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ...............................................................................................................29
10.01 Authorized Changes in the Work ....................................................................................................................29
10.02 Unauthorized Changes in the Work................................................................................................................30
10.03 Execution of Change Orders...........................................................................................................................30
10.04 Notification to Surety ......................................................................................................................................30
10.05 Claims and Disputes .......................................................................................................................................30
ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK.........................................................31
11.01 Cost of the Work..............................................................................................................................................31
11.02 Cash Allowances .............................................................................................................................................32
11.03 Unit Price Work ..............................................................................................................................................33
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES .......................................................33
12.01 Change of Contract Price ...............................................................................................................................33
12.02 Change of Contract Times ..............................................................................................................................34
12.03 Delays Beyond CONTRACTOR’s Control .....................................................................................................34
12.04 Delays Within CONTRACTOR’s Control ......................................................................................................34
12.06 Delay Damages ...............................................................................................................................................34
General Conditions Page 00700-4
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK................................................................................................................................................35
13.01 Notice of Defects .............................................................................................................................................35
13.02 Access to Work ................................................................................................................................................35
13.03 Tests and Inspections ......................................................................................................................................35
13.04 Uncovering Work ............................................................................................................................................35
13.05 OWNER May Stop the Work...........................................................................................................................36
13.06 Correction or Removal of Defective Work .....................................................................................................36
13.07 Correction Period ...........................................................................................................................................36
13.08 Acceptance of Defective Work ........................................................................................................................36
13.09 OWNER May Correct Defective Work ...........................................................................................................36
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION..................................................................................37
14.01 Schedule of Values ..........................................................................................................................................37
14.02 Progress Payments..........................................................................................................................................37
14.03 CONTRACTOR’s Warranty of Title ...............................................................................................................39
14.04 Substantial Completion ...................................................................................................................................39
14.05 Partial Utilization............................................................................................................................................39
14.06 Final Inspection...............................................................................................................................................40
14.07 Final Payment ................................................................................................................................................40
14.08 Final Completion Delayed..............................................................................................................................40
14.09 Waiver of Claims.............................................................................................................................................41
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................................................................................41
15.01 OWNER May Suspend Work.........................................................................................................................41
15.02 OWNER May Terminate for Cause ................................................................................................................41
15.03 OWNER May Terminate For Convenience ....................................................................................................42
15.04 CONTRACTOR May Stop Work or Terminate ..............................................................................................42
ARTICLE 16 - DISPUTE RESOLUTION.....................................................................................................................................42
16.01 Methods and Procedures ................................................................................................................................42
ARTICLE 17 - MISCELLANEOUS ..............................................................................................................................................42
17.01 Giving Notice...................................................................................................................................................42
17.02 Computation of Times .....................................................................................................................................42
17.03 Cumulative Remedies......................................................................................................................................43
17.04 Survival of Obligations ...................................................................................................................................43
17.05 Controlling Law ..............................................................................................................................................43
General Conditions Page 00700-5
GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY the terms of the Contract. A demand for money or services
by a third party is not a Claim.
1.01 Defined Terms
11. Contract--The entire and integrated written
A. Wherever used in the Contract Documents and agreement between the OWNER and CONTRACTOR
printed with initial or all capital letters, the terms listed concerning the Work. The Contract supersedes prior
below will have the meanings indicated which are negotiations, representations, or agreements, whether
applicable to both the singular and plural thereof. written or oral.
1. Addenda--Written or graphic instruments 12. Contract Documents--The Contract Docu-
issued prior to the opening of Bids which clarify, correct, or ments establish the rights and obligations of the parties and
change the Bidding Requirements or the Contract include the Agreement, Addenda (which pertain to the
Documents. Contract Documents), CONTRACTOR’s Bid (including
documentation accompanying the Bid and any post Bid
2. Agreement--The written instrument which is documentation submitted prior to the Notice of Award)
evidence of the agreement between OWNER and when attached as an exhibit to the Agreement, the Notice to
CONTRACTOR covering the Work. Proceed, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications and the
3. Application for Payment--The form Drawings as the same are more specifically identified in the
acceptable to ENGINEER which is to be used by CON- Agreement, together with all Written Amendments, Change
TRACTOR during the course of the Work in requesting Orders, Work Change Directives, Field Orders, and
progress or final payments and which is to be accompanied ENGINEER’s written interpretations and clarifications
by such supporting documentation as is required by the issued on or after the Effective Date of the Agreement.
Contract Documents. Approved Shop Drawings and the reports and drawings of
subsurface and physical conditions are not Contract
4. Asbestos--Any material that contains more Documents. Only printed or hard copies of the items listed
than one percent asbestos and is friable or is releasing in this paragraph are Contract Documents. Files in
asbestos fibers into the air above current action levels electronic media format of text, data, graphics, and the like
established by the United States Occupational Safety and that may be furnished by OWNER to CONTRACTOR are
Health Administration. not Contract Documents.
5. Bid--The offer or proposal of a bidder 13. Contract Price--The moneys payable by
submitted on the prescribed form setting forth the prices for OWNER to CONTRACTOR for completion of the Work
the Work to be performed. in accordance with the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph 11.03 in
6. Bidding Documents--The Bidding the case of Unit Price Work).
Requirements and the proposed Contract Documents (in-
cluding all Addenda issued prior to receipt of Bids). 14. Contract Times--The number of days or the
dates stated in the Agreement to: (i) achieve Substantial
7. Bidding Requirements--The Advertisement or Completion; and (ii) complete the Work so that it is ready
Invitation to Bid, Instructions to Bidders, Bid security form, for final payment as evidenced by ENGINEER’s written
if any, and the Bid form with any supplements. recommendation of final payment.
8. Bonds--Performance and payment bonds and 15. CONTRACTOR--The individual or entity
other instruments of security. with whom OWNER has entered into the Agreement.
9. Change Order--A document recommended 16. Cost of the Work--See paragraph 11.01.A for
by ENGINEER which is signed by CONTRACTOR and definition.
OWNER and authorizes an addition, deletion, or revision in
the Work or an adjustment in the Contract Price or the 17. Drawings--That part of the Contract
Contract Times, issued on or after the Effective Date of the Documents prepared or approved by ENGINEER which
Agreement. graphically shows the scope, extent, and character of the
Work to be performed by CONTRACTOR. Shop
10. Claim--A demand or assertion by OWNER or Drawings and other CONTRACTOR submittals are not
CONTRACTOR seeking an adjustment of Contract Price Drawings as so defined.
or Contract Times, or both, or other relief with respect to
General Conditions Page 00700-6
18. Effective Date of the Agreement--The date Contract Times will commence to run and on which
indicated in the Agreement on which it becomes effective, CONTRACTOR shall start to perform the Work under the
but if no such date is indicated, it means the date on which Contract Documents.
the Agreement is signed and delivered by the last of the two
parties to sign and deliver. 30. OWNER--The individual, entity, public body,
or authority with whom CONTRACTOR has entered into
19. ENGINEER--The individual or entity named the Agreement and for whom the Work is to be performed.
as such in the Agreement.
31. Partial Utilization--Use by OWNER of a
20. ENGINEER's Consultant--An individual or substantially completed part of the Work for the purpose
entity having a contract with ENGINEER to furnish for which it is intended (or a related purpose) prior to
services as ENGINEER’s independent professional Substantial Completion of all the Work.
associate or consultant with respect to the Project and who
is identified as such in the Supplementary Conditions. 32. PCBs--Polychlorinated biphenyls.
21. Field Order--A written order issued by 33. Petroleum--Petroleum, including crude oil or
ENGINEER which requires minor changes in the Work but any fraction thereof which is liquid at standard conditions
which does not involve a change in the Contract Price or of temperature and pressure (60 degrees Fahrenheit and
the Contract Times. 14.7 pounds per square inch absolute), such as oil,
petroleum, fuel oil, oil sludge, oil refuse, gasoline,
22. General Requirements--Sections of Division kerosene, and oil mixed with other non-Hazardous Waste
1 of the Specifications. The General Requirements pertain and crude oils.
to all sections of the Specifications.
34. Project--The total construction of which the
23. Hazardous Environmental Condition--The Work to be performed under the Contract Documents may
presence at the Site of Asbestos, PCBs, Petroleum, be the whole, or a part as may be indicated elsewhere in the
Hazardous Waste, or Radioactive Material in such Contract Documents.
quantities or circumstances that may present a substantial
danger to persons or property exposed thereto in connection 35. Project Manual--The bound documentary
with the Work. information prepared for bidding and constructing the
Work. A listing of the contents of the Project Manual,
24. Hazardous Waste--The term Hazardous which may be bound in one or more volumes, is contained
Waste shall have the meaning provided in Section 1004 of in the table(s) of contents.
the Solid Waste Disposal Act (42 USC Section 6903) as
amended from time to time. 36. Radioactive Material--Source, special
nuclear, or byproduct material as defined by the Atomic
25. Laws and Regulations; Laws or Regulations-- Energy Act of 1954 (42 USC Section 2011 et seq.) as
Any and all applicable laws, rules, regulations, ordinances, amended from time to time.
codes, and orders of any and all governmental bodies,
agencies, authorities, and courts having jurisdiction. 37. Resident Project Representative--The
authorized representative of ENGINEER who may be
26. Liens--Charges, security interests, or assigned to the Site or any part thereof.
encumbrances upon Project funds, real property, or
personal property. 38. Samples--Physical examples of materials,
equipment, or workmanship that are representative of some
27. Milestone--A principal event specified in the portion of the Work and which establish the standards by
Contract Documents relating to an intermediate completion which such portion of the Work will be judged.
date or time prior to Substantial Completion of all the
Work. 39. Shop Drawings--All drawings, diagrams,
illustrations, schedules, and other data or information which
28. Notice of Award--The written notice by are specifically prepared or assembled by or for CON-
OWNER to the apparent successful bidder stating that upon TRACTOR and submitted by CONTRACTOR to illustrate
timely compliance by the apparent successful bidder with some portion of the Work.
the conditions precedent listed therein, OWNER will sign
and deliver the Agreement. 40. Site--Lands or areas indicated in the Contract
Documents as being furnished by OWNER upon which the
29. Notice to Proceed--A written notice given by Work is to be performed, including rights-of-way and
OWNER to CONTRACTOR fixing the date on which the easements for access thereto, and such other lands
General Conditions Page 00700-7
furnished by OWNER which are designated for the use of by ENGINEER ordering an addition, deletion, or revision
CONTRACTOR. in the Work, or responding to differing or unforeseen
subsurface or physical conditions under which the Work is
41. Specifications--That part of the Contract to be performed or to emergencies. A Work Change
Documents consisting of written technical descriptions of Directive will not change the Contract Price or the Contract
materials, equipment, systems, standards, and workmanship Times but is evidence that the parties expect that the change
as applied to the Work and certain administrative details ordered or documented by a Work Change Directive will
applicable thereto. be incorporated in a subsequently issued Change Order
following negotiations by the parties as to its effect, if any,
42. Subcontractor--An individual or entity on the Contract Price or Contract Times.
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the 50. Written Amendment--A written statement
Work at the Site. modifying the Contract Documents, signed by OWNER
and CONTRACTOR on or after the Effective Date of the
43. Substantial Completion--The time at which Agreement and normally dealing with the nonengineering
the Work (or a specified part thereof) has progressed to the or nontechnical rather than strictly construction-related
point where, in the opinion of ENGINEER, the Work (or a aspects of the Contract Documents.
specified part thereof) is sufficiently complete, in
accordance with the Contract Documents, so that the Work 1.02 Terminology
(or a specified part thereof) can be utilized for the purposes
for which it is intended. The terms “substantially A. Intent of Certain Terms or Adjectives
complete” and “substantially completed” as applied to all or
part of the Work refer to Substantial Completion thereof. 1. Whenever in the Contract Documents the
terms “as allowed,” “as approved,” or terms of like
44. Supplementary Conditions--That part of the effect or import are used, or the adjectives “reasonable,”
Contract Documents which amends or supplements these “suitable,” “acceptable,” “proper,” “satisfactory,” or
General Conditions. adjectives of like effect or import are used to describe
an action or determination of ENGINEER as to the
45. Supplier--A manufacturer, fabricator, suppli- Work, it is intended that such action or determination
er, distributor, materialman, or vendor having a direct will be solely to evaluate, in general, the completed
contract with CONTRACTOR or with any Subcontractor Work for compliance with the requirements of and
to furnish materials or equipment to be incorporated in the information in the Contract Documents and
Work by CONTRACTOR or any Subcontractor. conformance with the design concept of the completed
Project as a functioning whole as shown or indicated in
46. Underground Facilities--All underground the Contract Documents (unless there is a specific
pipelines, conduits, ducts, cables, wires, manholes, vaults, statement indicating otherwise). The use of any such
tanks, tunnels, or other such facilities or attachments, and term or adjective shall not be effective to assign to
any encasements containing such facilities, including those ENGINEER any duty or authority to supervise or direct
that convey electricity, gases, steam, liquid petroleum the performance of the Work or any duty or authority
products, telephone or other communications, cable to undertake responsibility contrary to the provisions of
television, water, wastewater, storm water, other liquids or paragraph 9.10 or any other provision of the Contract
chemicals, or traffic or other control systems. Documents.
47. Unit Price Work--Work to be paid for on the B. Day
basis of unit prices.
1. The word “day” shall constitute a
48. Work--The entire completed construction or calendar day of 24 hours measured from midnight to
the various separately identifiable parts thereof required to the next midnight.
be provided under the Contract Documents. Work includes
and is the result of performing or providing all labor, C. Defective
services, and documentation necessary to produce such
construction, and furnishing, installing, and incorporating 1. The word “defective,” when modifying
all materials and equipment into such construction, all as the word “Work,” refers to Work that is
required by the Contract Documents. unsatisfactory, faulty, or deficient in that it does not
conform to the Contract Documents or does not
49. Work Change Directive--A written statement meet the requirements of any inspection, reference
to CONTRACTOR issued on or after the Effective Date of standard, test, or approval referred to in the Contract
the Agreement and signed by OWNER and recommended Documents, or has been damaged prior to
General Conditions Page 00700-8
ENGINEER’s recommendation of final payment 2.03 Commencement of Contract Times; Notice to
(unless responsibility for the protection thereof has Proceed
been assumed by OWNER at Substantial
Completion in accordance with paragraph 14.04 or A. The Contract Times will commence to run on the
14.05). thirtieth day after the Effective Date of the Agreement or, if
a Notice to Proceed is given, on the day indicated in the
D. Furnish, Install, Perform, Provide Notice to Proceed. A Notice to Proceed may be given at
any time within 30 days after the Effective Date of the
1. The word “furnish,” when used in Agreement. In no event will the Contract Times commence
connection with services, materials, or equipment, to run later than the sixtieth day after the day of Bid
shall mean to supply and deliver said services, opening or the thirtieth day after the Effective Date of the
materials, or equipment to the Site (or some other Agreement, whichever date is earlier.
specified location) ready for use or installation and
in usable or operable condition. 2.04 Starting the Work
2. The word “install,” when used in SEE SUPPLEMENTARY CONDITIONS (SECTION
connection with services, materials, or equipment, 00800)
shall mean to put into use or place in final position
said services, materials, or equipment complete and A. CONTRACTOR shall start to perform the Work
ready for intended use. on the date when the Contract Times commence to run. No
Work shall be done at the Site prior to the date on which
3. The words “perform” or “provide,” when the Contract Times commence to run.
used in connection with services, materials, or
equipment, shall mean to furnish and install said 2.05 Before Starting Construction
services, materials, or equipment complete and
ready for intended use. A. CONTRACTOR’s Review of Contract Documents:
Before undertaking each part of the Work,
4. When “furnish,” “install,” “perform,” or CONTRACTOR shall carefully study and compare the
“provide” is not used in connection with services, Contract Documents and check and verify pertinent figures
materials, or equipment in a context clearly requiring an therein and all applicable field measurements.
obligation of CONTRACTOR, “provide” is implied. CONTRACTOR shall promptly report in writing to
ENGINEER any conflict, error, ambiguity, or discrepancy
E. Unless stated otherwise in the Contract Docu- which CONTRACTOR may discover and shall obtain a
ments, words or phrases which have a well-known written interpretation or clarification from ENGINEER
technical or construction industry or trade meaning are used before proceeding with any Work affected thereby;
in the Contract Documents in accordance with such however, CONTRACTOR shall not be liable to OWNER
recognized meaning. or ENGINEER for failure to report any conflict, error,
ambiguity, or discrepancy in the Contract Documents
unless CONTRACTOR knew or reasonably should have
ARTICLE 2 - PRELIMINARY MATTERS known thereof.
2.01 Delivery of Bonds B. Preliminary Schedules: Within ten days after the
Effective Date of the Agreement (unless otherwise
A. When CONTRACTOR delivers the executed specified in the General Requirements), CONTRACTOR
Agreements to OWNER, CONTRACTOR shall also shall submit to ENGINEER for its timely review:
deliver to OWNER such Bonds as CONTRACTOR may be
required to furnish. 1. a preliminary progress schedule
indicating the times (numbers of days or dates) for
2.02 Copies of Documents starting and completing the various stages of the
Work, including any Milestones specified in the
SEE SUPPLEMENTARY CONDITIONS (SECTION Contract Documents;
00800)
2. a preliminary schedule of Shop Drawing
A. OWNER shall furnish to CONTRACTOR up to and Sample submittals which will list each required
ten copies of the Contract Documents. Additional copies submittal and the times for submitting, reviewing,
will be furnished upon request at the cost of reproduction. and processing such submittal; and
General Conditions Page 00700-9
3. a preliminary schedule of values for all responsibility for the progress schedule, for
of the Work which includes quantities and prices of sequencing, scheduling, or progress of the Work nor
items which when added together equal the Contract interfere with or relieve CONTRACTOR from
Price and subdivides the Work into component parts CONTRACTOR’s full responsibility therefore.
in sufficient detail to serve as the basis for progress
payments during performance of the Work. Such 2. CONTRACTOR’s schedule of Shop
prices will include an appropriate amount of Drawing and Sample submittals will be acceptable
overhead and profit applicable to each item of to ENGINEER if it provides a workable
Work. arrangement for reviewing and processing the
required submittals.
SEE SUPPLEMENTARY CONDITIONS (SECTION 00800)
3. CONTRACTOR’s schedule of values
C. Evidence of Insurance: Before any Work at the will be acceptable to ENGINEER as to form and
Site is started, CONTRACTOR and OWNER shall each substance if it provides a reasonable allocation of
deliver to the other, with copies to each additional insured the Contract Price to component parts of the Work.
identified in the Supplementary Conditions, certificates of
insurance (and other evidence of insurance which either of ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,
them or any additional insured may reasonably request) AMENDING, REUSE
which CONTRACTOR and OWNER respectively are
required to purchase and maintain in accordance with 3.01 Intent
Article 5.
SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION
2.06 Preconstruction Conference 00800)
SEE SUPPLEMENTARY CONDITIONS (SECTION A. The Contract Documents are complementary;
00800) what is called for by one is as binding as if called for by all.
A. Within 20 days after the Contract Times start to
run, but before any Work at the Site is started, a conference B. It is the intent of the Contract Documents to
attended by CONTRACTOR, ENGINEER, and others as describe a functionally complete Project (or part thereof) to
appropriate will be held to establish a working be constructed in accordance with the Contract Documents.
understanding among the parties as to the Work and to Any labor, documentation, services, materials, or
discuss the schedules referred to in paragraph 2.05.B, equipment that may reasonably be inferred from the
procedures for handling Shop Drawings and other Contract Documents or from prevailing custom or trade
submittals, processing Applications for Payment, and usage as being required to produce the intended result will
maintaining required records. be provided whether or not specifically called for at no
additional cost to OWNER.
2.07 Initial Acceptance of Schedules
C. Clarifications and interpretations of the Contract
SEE SUPPLEMENTARY CONDITIONS (SECTION 00800) Documents shall be issued by ENGINEER as provided in
Article 9.
A. Unless otherwise provided in the Contract
Documents, at least ten days before submission of the first 3.02 Reference Standards
Application for Payment a conference attended by
CONTRACTOR, ENGINEER, and others as appropriate A. Standards, Specifications, Codes, Laws, and
will be held to review for acceptability to ENGINEER as Regulations
provided below the schedules submitted in accordance with
paragraph 2.05.B. CONTRACTOR shall have an 1. Reference to standards, specifications,
additional ten days to make corrections and adjustments manuals, or codes of any technical society,
and to complete and resubmit the schedules. No progress organization, or association, or to Laws or
payment shall be made to CONTRACTOR until acceptable Regulations, whether such reference be specific or
schedules are submitted to ENGINEER. by implication, shall mean the standard,
specification, manual, code, or Laws or Regulations
1. The progress schedule will be acceptable in effect at the time of opening of Bids (or on the
to ENGINEER if it provides an orderly progression Effective Date of the Agreement if there were no
of the Work to completion within any specified Bids), except as may be otherwise specifically stated
Milestones and the Contract Times. Such in the Contract Documents.
acceptance will not impose on ENGINEER
General Conditions Page 00700-10
2. No provision of any such standard,
specification, manual or code, or any instruction of 3.04 Amending and Supplementing Contract
a Supplier shall be effective to change the duties or Documents
responsibilities of OWNER, CONTRACTOR, or
ENGINEER, or any of their subcontractors, A. The Contract Documents may be amended to
consultants, agents, or employees from those set provide for additions, deletions, and revisions in the Work
forth in the Contract Documents, nor shall any such or to modify the terms and conditions thereof in one or
provision or instruction be effective to assign to more of the following ways: (i) a Written Amendment; (ii)
OWNER, ENGINEER, or any of ENGINEER’s a Change Order; or (iii) a Work Change Directive.
Consultants, agents, or employees any duty or
authority to supervise or direct the performance of B. The requirements of the Contract Documents may
the Work or any duty or authority to undertake be supplemented, and minor variations and deviations in
responsibility inconsistent with the provisions of the the Work may be authorized, by one or more of the
Contract Documents. following ways: (i) a Field Order; (ii) ENGINEER’s
approval of a Shop Drawing or Sample; or (iii)
3.03 Reporting and Resolving Discrepancies ENGINEER’s written interpretation or clarification.
A. Reporting Discrepancies 3.05 Reuse of Documents
1. If, during the performance of the Work, A. CONTRACTOR and any Subcontractor or
CONTRACTOR discovers any conflict, error, Supplier or other individual or entity performing or
ambiguity, or discrepancy within the Contract furnishing any of the Work under a direct or indirect
Documents or between the Contract Documents and contract with OWNER: (i) shall not have or acquire any
any provision of any Law or Regulation applicable title to or ownership rights in any of the Drawings,
to the performance of the Work or of any standard, Specifications, or other documents (or copies of any
specification, manual or code, or of any instruction thereof) prepared by or bearing the seal of ENGINEER or
of any Supplier, CONTRACTOR shall report it to ENGINEER’s Consultant, including electronic media
ENGINEER in writing at once. CONTRACTOR editions; and (ii) shall not reuse any of such Drawings,
shall not proceed with the Work affected thereby Specifications, other documents, or copies thereof on
(except in an emergency as required by paragraph extensions of the Project or any other project without
6.16.A) until an amendment or supplement to the written consent of OWNER and ENGINEER and specific
Contract Documents has been issued by one of the written verification or adaption by ENGINEER. This
methods indicated in paragraph 3.04; provided, prohibition will survive final payment, completion, and
however, that CONTRACTOR shall not be liable to acceptance of the Work, or termination or completion of
OWNER or ENGINEER for failure to report any the Contract. Nothing herein shall preclude
such conflict, error, ambiguity, or discrepancy CONTRACTOR from retaining copies of the Contract
unless CONTRACTOR knew or reasonably should Documents for record purposes.
have known thereof.
B. Resolving Discrepancies ARTICLE 4 - AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
1. Except as may be otherwise specifically REFERENCE POINTS
stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in 4.01 Availability of Lands
resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract A. OWNER shall furnish the Site. OWNER shall
Documents and: notify CONTRACTOR of any encumbrances or restrictions
not of general application but specifically related to use of
a. the provisions of any standard, the Site with which CONTRACTOR must comply in
specification, manual, code, or instruction performing the Work. OWNER will obtain in a timely
(whether or not specifically incorporated by manner and pay for easements for permanent structures or
reference in the Contract Documents); or permanent changes in existing facilities. If
CONTRACTOR and OWNER are unable to agree on
b. the provisions of any Laws or entitlement to or on the amount or extent, if any, of any
Regulations applicable to the performance of the adjustment in the Contract Price or Contract Times, or both,
Work (unless such an interpretation of the as a result of any delay in OWNER’s furnishing the Site,
provisions of the Contract Documents would CONTRACTOR may make a Claim therefor as provided in
result in violation of such Law or Regulation). paragraph 10.05.
General Conditions Page 00700-11
4.03 Differing Subsurface or Physical Conditions
B. Upon reasonable written request, OWNER shall
furnish CONTRACTOR with a current statement of record SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION
legal title and legal description of the lands upon which the 00800)
Work is to be performed and OWNER’s interest therein as
necessary for giving notice of or filing a mechanic's or A. Notice: If CONTRACTOR believes that any
construction lien against such lands in accordance with subsurface or physical condition at or contiguous to the Site
applicable Laws and Regulations. that is uncovered or revealed either:
C. CONTRACTOR shall provide for all additional 1. is of such a nature as to establish that any
lands and access thereto that may be required for temporary “technical data” on which CONTRACTOR is
construction facilities or storage of materials and equip- entitled to rely as provided in paragraph 4.02 is
ment. materially inaccurate; or
4.02 Subsurface and Physical Conditions 2. is of such a nature as to require a change
in the Contract Documents; or
A. Reports and Drawings: The Supplementary
Conditions identify: 3. differs materially from that shown or
indicated in the Contract Documents; or
1. those reports of explorations and tests of
subsurface conditions at or contiguous to the Site 4. is of an unusual nature, and differs materially from
that ENGINEER has used in preparing the Contract conditions ordinarily encountered and generally recognized
Documents; and as inherent in work of the character provided for in the
Contract Documents;
2. those drawings of physical conditions in
or relating to existing surface or subsurface then CONTRACTOR shall, promptly after becoming aware
structures at or contiguous to the Site (except thereof and before further disturbing the subsurface or
Underground Facilities) that ENGINEER has used physical conditions or performing any Work in connection
in preparing the Contract Documents. therewith (except in an emergency as required by paragraph
6.16.A), notify OWNER and ENGINEER in writing about
B. Limited Reliance by CONTRACTOR on Technical such condition. CONTRACTOR shall not further disturb
Data Authorized: CONTRACTOR may rely upon the such condition or perform any Work in connection
general accuracy of the “technical data” contained in such therewith (except as aforesaid) until receipt of written order
reports and drawings, but such reports and drawings are not to do so.
Contract Documents. Such “technical data” is identified in
the Supplementary Conditions. Except for such reliance on B. ENGINEER’s Review: After receipt of written
such “technical data,” CONTRACTOR may not rely upon notice as required by paragraph 4.03.A, ENGINEER will
or make any Claim against OWNER, ENGINEER, or any promptly review the pertinent condition, determine the
of ENGINEER’s Consultants with respect to: necessity of OWNER's obtaining additional exploration or
tests with respect thereto, and advise OWNER in writing
1. the completeness of such reports and (with a copy to CONTRACTOR) of ENGINEER’s
drawings for CONTRACTOR’s purposes, includ- findings and conclusions.
ing, but not limited to, any aspects of the means,
methods, techniques, sequences, and procedures of C. Possible Price and Times Adjustments
construction to be employed by CONTRACTOR,
and safety precautions and programs incident 1. The Contract Price or the Contract
thereto; or Times, or both, will be equitably adjusted to the
extent that the existence of such differing subsurface
2. other data, interpretations, opinions, and or physical condition causes an increase or decrease
information contained in such reports or shown or in CONTRACTOR’s cost of, or time required for,
indicated in such drawings; or performance of the Work; subject, however, to the
following:
3. any CONTRACTOR interpretation of or
conclusion drawn from any "technical data" or any a. such condition must meet any one or
such other data, interpretations, opinions, or more of the categories described in paragraph
information. 4.03.A; and
General Conditions Page 00700-12
b. with respect to Work that is paid for on a
Unit Price Basis, any adjustment in Contract 1. OWNER and ENGINEER shall not be
Price will be subject to the provisions of para- responsible for the accuracy or completeness of any
graphs 9.08 and 11.03. such information or data; and
2. CONTRACTOR shall not be entitled to 2. the cost of all of the following will be
any adjustment in the Contract Price or Contract included in the Contract Price, and CONTRACTOR
Times if: shall have full responsibility for:
a. CONTRACTOR knew of the existence a. reviewing and checking all such
of such conditions at the time CONTRACTOR information and data,
made a final commitment to OWNER in respect
of Contract Price and Contract Times by the b. locating all Underground Facilities
submission of a Bid or becoming bound under a shown or indicated in the Contract Documents,
negotiated contract; or
c. coordination of the Work with the
b. the existence of such condition could owners of such Underground Facilities,
reasonably have been discovered or revealed as including OWNER, during construction, and
a result of any examination, investigation,
exploration, test, or study of the Site and d. the safety and protection of all such
contiguous areas required by the Bidding Underground Facilities and repairing any
Requirements or Contract Documents to be damage thereto resulting from the Work.
conducted by or for CONTRACTOR prior to
CONTRACTOR's making such final com- B. Not Shown or Indicated
mitment; or
1. If an Underground Facility is uncovered
c. CONTRACTOR failed to give the or revealed at or contiguous to the Site which was
written notice within the time and as required by not shown or indicated, or not shown or indicated
paragraph 4.03.A. with reasonable accuracy in the Contract
Documents, CONTRACTOR shall, promptly after
3. If OWNER and CONTRACTOR are becoming aware thereof and before further
unable to agree on entitlement to or on the amount disturbing conditions affected thereby or performing
or extent, if any, of any adjustment in the Contract any Work in connection therewith (except in an
Price or Contract Times, or both, a Claim may be emergency as required by paragraph 6.16.A),
made therefore as provided in paragraph 10.05. identify the owner of such Underground Facility
However, OWNER, ENGINEER, and and give written notice to that owner and to
ENGINEER’s Consultants shall not be liable to OWNER and ENGINEER. ENGINEER will
CONTRACTOR for any claims, costs, losses, or promptly review the Underground Facility and
damages (including but not limited to all fees and determine the extent, if any, to which a change is
charges of engineers, architects, attorneys, and other required in the Contract Documents to reflect and
professionals and all court or arbitration or other document the consequences of the existence or
dispute resolution costs) sustained by location of the Underground Facility. During such
CONTRACTOR on or in connection with any other time, CONTRACTOR shall be responsible for the
project or anticipated project. safety and protection of such Underground Facility.
4.04 Underground Facilities
2. If ENGINEER concludes that a change
SEE ALSO SUPPLEMENTARY CONDITIONS in the Contract Documents is required, a Work
(SECTION 00800) Change Directive or a Change Order will be issued
to reflect and document such consequences. An
A. Shown or Indicated: The information and data equitable adjustment shall be made in the Contract
shown or indicated in the Contract Documents with respect Price of Contract Times, or both, to the extent that
to existing Underground Facilities at or contiguous to the they are attributable to the existence or location of
Site is based on information and data furnished to OWNER any Underground Facility that was not shown or
or ENGINEER by the owners of such Underground indicated or not shown or indicated with reasonable
Facilities, including OWNER, or by others. Unless it is accuracy in the Contract Documents and that
otherwise expressly provided in the Supplementary CONTRACTOR did not know of and could not
Conditions: reasonably have been expected to be aware of or to
General Conditions Page 00700-13
have anticipated. If OWNER and CONTRACTOR such other data, interpretations, opinions or
are unable to agree on entitlement to or on the information.
amount or extent, if any, of any such adjustment in
Contract Price or Contract Times, OWNER or C. CONTRACTOR shall not be responsible for any
CONTRACTOR may make a Claim therefor as Hazardous Environmental Condition uncovered or revealed
provided in paragraph 10.05. at the Site which was not shown or indicated in Drawings
or Specifications or identified in the Contract Documents to
4.05 Reference Points be within the scope of the Work. CONTRACTOR shall be
responsible for a Hazardous Environmental Condition
A. OWNER shall provide engineering surveys to created with any materials brought to the Site by
establish reference points for construction which in CONTRACTOR, Subcontractors, Suppliers, or anyone else
ENGINEER’s judgment are necessary to enable CON- for whom CONTRACTOR is responsible.
TRACTOR to proceed with the Work. CONTRACTOR
shall be responsible for laying out the Work, shall protect D. If CONTRACTOR encounters a Hazardous
and preserve the established reference points and property Environmental Condition or if CONTRACTOR or anyone
monuments, and shall make no changes or relocations for whom CONTRACTOR is responsible creates a
without the prior written approval of OWNER. Hazardous Environmental Condition, CONTRACTOR
CONTRACTOR shall report to ENGINEER whenever any shall immediately: (i) secure or otherwise isolate such
reference point or property monument is lost or destroyed condition; (ii) stop all Work in connection with such
or requires relocation because of necessary changes in condition and in any area affected thereby (except in an
grades or locations, and shall be responsible for the emergency as required by paragraph 6.16); and (iii) notify
accurate replacement or relocation of such reference points OWNER and ENGINEER (and promptly thereafter
or property monuments by professionally qualified confirm such notice in writing). OWNER shall promptly
personnel. consult with ENGINEER concerning the necessity for
OWNER to retain a qualified expert to evaluate such
4.06 Hazardous Environmental Condition at Site condition or take corrective action, if any.
E. CONTRACTOR shall not be required to resume
A. Reports and Drawings: Reference is made to the Work in connection with such condition or in any affected
Supplementary Conditions for the identification of those area until after OWNER has obtained any required permits
reports and drawings relating to a Hazardous related thereto and delivered to CONTRACTOR written
Environmental Condition identified at the Site, if any, that notice: (i) specifying that such condition and any affected
have been utilized by the ENGINEER in the preparation of area is or has been rendered safe for the resumption of
the Contract Documents. Work; or (ii) specifying any special conditions under which
such Work may be resumed safely. If OWNER and
B. Limited Reliance by CONTRACTOR on Technical CONTRACTOR cannot agree as to entitlement to or on the
Data Authorized: CONTRACTOR may rely upon the amount or extent, if any, of any adjustment in Contract
general accuracy of the “technical data” contained in such Price or Contract Times, or both, as a result of such Work
reports and drawings, but such reports and drawings are not stoppage or such special conditions under which Work is
Contract Documents. Such “technical data” is identified in agreed to be resumed by CONTRACTOR, either party may
the Supplementary Conditions. Except for such reliance on make a Claim therefor as provided in paragraph 10.05.
such “technical data,” CONTRACTOR may not rely upon
or make any Claim against OWNER, ENGINEER or any F. If after receipt of such written notice
of ENGINEER’s Consultants with respect to: CONTRACTOR does not agree to resume such Work
based on a reasonable belief it is unsafe, or does not agree
1. the completeness of such reports and to resume such Work under such special conditions, then
drawings for CONTRACTOR’s purposes, OWNER may order the portion of the Work that is in the
including, but not limited to, any aspects of the area affected by such condition to be deleted from the
means, methods, techniques, sequences and Work. If OWNER and CONTRACTOR cannot agree as to
procedures of construction to be employed by entitlement to or on the amount or extent, if any, of an
CONTRACTOR and safety precautions and adjustment in Contract Price or Contract Times as a result
programs incident thereto; or of deleting such portion of the Work, then either party may
make a Claim therefor as provided in paragraph 10.05.
2. other data, interpretations, opinions and OWNER may have such deleted portion of the Work
information contained in such reports or shown or performed by OWNER’s own forces or others in accor-
indicated in such drawings; or dance with Article 7.
3. any CONTRACTOR interpretation of or G. To the fullest extent permitted by Laws and
conclusion drawn from any “technical data” or any Regulations, OWNER shall indemnify and hold harmless
General Conditions Page 00700-14
CONTRACTOR, Subcontractors, ENGINEER, or Regulations, and shall be executed by such sureties as
ENGINEER’s Consultants and the officers, directors, are named in the current list of “Companies Holding
partners, employees, agents, other consultants, and Certificates of Authority as Acceptable Sureties on Federal
subcontractors of each and any of them from and against all Bonds and as Acceptable Reinsuring Companies” as
claims, costs, losses, and damages (including but not published in Circular 570 (amended) by the Financial
limited to all fees and charges of engineers, architects, Management Service, Surety Bond Branch, U.S.
attorneys, and other professionals and all court or Department of the Treasury. All Bonds signed by an agent
arbitration or other dispute resolution costs) arising out of must be accompanied by a certified copy of such agent’s
or relating to a Hazardous Environmental Condition, authority to act.
provided that such Hazardous Environmental Condition:
(i) was not shown or indicated in the Drawings or C. If the surety on any Bond furnished by CON-
Specifications or identified in the Contract Documents to be TRACTOR is declared bankrupt or becomes insolvent or
included within the scope of the Work, and (ii) was not its right to do business is terminated in any state where any
created by CONTRACTOR or by anyone for whom part of the Project is located or it ceases to meet the
CONTRACTOR is responsible. Nothing in this paragraph requirements of paragraph 5.01.B, CONTRACTOR shall
4.06.E shall obligate OWNER to indemnify any individual within 20 days thereafter substitute another Bond and
or entity from and against the consequences of that surety, both of which shall comply with the requirements of
individual’s or entity’s own negligence. paragraphs 5.01.B and 5.02.
H. To the fullest extent permitted by Laws and 5.02 Licensed Sureties and Insurers
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER’s Consul- A. All Bonds and insurance required by the Contract
tants, and the officers, directors, partners, employees, Documents to be purchased and maintained by OWNER or
agents, other consultants, and subcontractors of each and CONTRACTOR shall be obtained from surety or insurance
any of them from and against all claims, costs, losses, and companies that are duly licensed or authorized in the
damages (including but not limited to all fees and charges jurisdiction in which the Project is located to issue Bonds or
of engineers, architects, attorneys, and other professionals insurance policies for the limits and coverages so required.
and all court or arbitration or other dispute resolution costs) Such surety and insurance companies shall also meet such
arising out of or relating to a Hazardous Environmental additional requirements and qualifications as may be
Condition created by CONTRACTOR or by anyone for provided in the Supplementary Conditions.
whom CONTRACTOR is responsible. Nothing in this
paragraph 4.06.F shall obligate CONTRACTOR to 5.03 Certificates of Insurance
indemnify any individual or entity from and against the
consequences of that individual’s or entity’s own A. CONTRACTOR shall deliver to OWNER, with
negligence. copies to each additional insured identified in the Supple-
mentary Conditions, certificates of insurance (and other
I. The provisions of paragraphs 4.02, 4.03, and evidence of insurance requested by OWNER or any other
4.04 are not intended to apply to a Hazardous additional insured) which CONTRACTOR is required to
Environmental Condition uncovered or revealed at the purchase and maintain. OWNER shall deliver to
Site. CONTRACTOR, with copies to each additional insured
identified in the Supplementary Conditions, certificates of
ARTICLE 5 - BONDS AND INSURANCE insurance (and other evidence of insurance requested by
CONTRACTOR or any other additional insured) which
5.01 Performance, Payment, and Other Bonds OWNER is required to purchase and maintain.
A. CONTRACTOR shall furnish performance and 5.04 CONTRACTOR’s Liability Insurance
payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION
payment of all CONTRACTOR’s obligations under the 00800)
Contract Documents. These Bonds shall remain in effect at
least until one year after the date when final payment A. CONTRACTOR shall purchase and maintain such
becomes due, except as provided otherwise by Laws or liability and other insurance as is appropriate for the Work
Regulations or by the Contract Documents. being performed and as will provide protection from claims
CONTRACTOR shall also furnish such other Bonds as are set forth below which may arise out of or result from
required by the Contract Documents. CONTRACTOR’s performance of the Work and
CONTRACTOR’s other obligations under the Contract
B. All Bonds shall be in the form prescribed by the Documents, whether it is to be performed by
Contract Documents except as provided otherwise by Laws CONTRACTOR, any Subcontractor or Supplier, or by
General Conditions Page 00700-15
anyone directly or indirectly employed by any of them to 3. include completed operations insurance;
perform any of the Work, or by anyone for whose acts any
of them may be liable: 4. include contractual liability insurance
covering CONTRACTOR’s indemnity obligations
1. claims under workers’ compensation, under paragraphs 6.07, 6.11, and 6.20;
disability benefits, and other similar employee
benefit acts; 5. contain a provision or endorsement that
the coverage afforded will not be canceled,
2. claims for damages because of bodily materially changed or renewal refused until at least
injury, occupational sickness or disease, or death of thirty days prior written notice has been given to
CONTRACTOR’s employees; OWNER and CONTRACTOR and to each other
additional insured identified in the Supplementary
3. claims for damages because of bodily Conditions to whom a certificate of insurance has
injury, sickness or disease, or death of any person been issued (and the certificates of insurance
other than CONTRACTOR’s employees; furnished by the CONTRACTOR pursuant to
paragraph 5.03 will so provide);
4. claims for damages insured by
reasonably available personal injury liability 6. remain in effect at least until final
coverage which are sustained: (i) by any person as a payment and at all times thereafter when CON-
result of an offense directly or indirectly related to TRACTOR may be correcting, removing, or replac-
the employment of such person by ing defective Work in accordance with paragraph
CONTRACTOR, or (ii) by any other person for any 13.07; and
other reason;
7. with respect to completed operations
5. claims for damages, other than to the insurance, and any insurance coverage written on a
Work itself, because of injury to or destruction of claims-made basis, remain in effect for at least two
tangible property wherever located, including loss years after final payment (and CONTRACTOR
of use resulting there from; and shall furnish OWNER and each other additional
insured identified in the Supplementary Conditions,
6. claims for damages because of bodily to whom a certificate of insurance has been issued,
injury or death of any person or property damage evidence satisfactory to OWNER and any such
arising out of the ownership, maintenance or use of additional insured of continuation of such insurance
any motor vehicle. at final payment and one year thereafter).
B. The policies of insurance so required by this 5.05 OWNER’s Liability Insurance
paragraph 5.04 to be purchased and maintained shall:
A. In addition to the insurance required to be provid-
1. with respect to insurance required by ed by CONTRACTOR under paragraph 5.04, OWNER, at
paragraphs 5.04.A.3 through 5.04.A.6 inclusive, OWNER’s option, may purchase and maintain at
include as additional insureds (subject to any OWNER’s expense OWNER’s own liability insurance as
customary exclusion in respect of professional will protect OWNER against claims which may arise from
liability) OWNER, ENGINEER, ENGINEER's operations under the Contract Documents.
Consultants, and any other individuals or entities
identified in the Supplementary Conditions, all of 5.06 Property Insurance
whom shall be listed as additional insureds, and
include coverage for the respective officers, SEE SUPPLEMENTARY CONDITIONS (SECTION
directors, partners, employees, agents, and other 00800)
consultants and subcontractors of each and any of
all such additional insureds, and the insurance A. Unless otherwise provided in the Supplementary
afforded to these additional insureds shall provide Conditions, OWNER shall purchase and maintain property
primary coverage for all claims covered thereby; insurance upon the Work at the Site in the amount of the
full replacement cost thereof (subject to such deductible
2. include at least the specific coverages amounts as may be provided in the Supplementary
and be written for not less than the limits of liability Conditions or required by Laws and Regulations). This
provided in the Supplementary Conditions or insurance shall:
required by Laws or Regulations, whichever is
greater; 1. include the interests of OWNER, CON-
TRACTOR, Subcontractors, ENGINEER,
General Conditions Page 00700-16
ENGINEER’s Consultants, and any other maintained in accordance with paragraph 5.06 will contain
individuals or entities identified in the a provision or endorsement that the coverage afforded will
Supplementary Conditions, and the officers, not be canceled or materially changed or renewal refused
directors, partners, employees, agents, and other until at least 30 days prior written notice has been given to
consultants and subcontractors of each and any of OWNER and CONTRACTOR and to each other additional
them, each of whom is deemed to have an insurable insured to whom a certificate of insurance has been issued
interest and shall be listed as an additional insured; and will contain waiver provisions in accordance with
paragraph 5.07.
2. be written on a Builder’s Risk “all-risk”
or open peril or special causes of loss policy form D. OWNER shall not be responsible for purchasing
that shall at least include insurance for physical loss and maintaining any property insurance specified in this
or damage to the Work, temporary buildings, false paragraph 5.06 to protect the interests of CONTRACTOR,
work, and materials and equipment in transit, and Subcontractors, or others in the Work to the extent of any
shall insure against at least the following perils or deductible amounts that are identified in the Supplementary
causes of loss: fire, lightning, extended coverage, Conditions. The risk of loss within such identified
theft, vandalism and malicious mischief, earthquake, deductible amount will be borne by CONTRACTOR,
collapse, debris removal, demolition occasioned by Subcontractors, or others suffering any such loss, and if any
enforcement of Laws and Regulations, water dam- of them wishes property insurance coverage within the
age, and such other perils or causes of loss as may limits of such amounts, each may purchase and maintain it
be specifically required by the Supplementary at the purchaser’s own expense.
Conditions;
E. If CONTRACTOR requests in writing that other
3. include expenses incurred in the repair or special insurance be included in the property insurance
replacement of any insured property (including but policies provided under paragraph 5.06, OWNER shall, if
not limited to fees and charges of engineers and possible, include such insurance, and the cost thereof will
architects); be charged to CONTRACTOR by appropriate Change
Order or Written Amendment. Prior to commencement of
4. cover materials and equipment stored at the Work at the Site, OWNER shall in writing advise
the Site or at another location that was agreed to in CONTRACTOR whether or not such other insurance has
writing by OWNER prior to being incorporated in been procured by OWNER.
the Work, provided that such materials and
equipment have been included in an Application for 5.07 Waiver of Rights
Payment recommended by ENGINEER;
SEE SUPPLEMENTARY CONDITIONS (SECTION
5. allow for partial utilization of the Work 00800)
by OWNER;
A. OWNER and CONTRACTOR intend that all
6. include testing and startup; and policies purchased in accordance with paragraph 5.06 will
protect OWNER, CONTRACTOR, Subcontractors,
7. be maintained in effect until final pay- ENGINEER, ENGINEER’s Consultants, and all other
ment is made unless otherwise agreed to in writing individuals or entities identified in the Supplementary
by OWNER, CONTRACTOR, and ENGINEER Conditions to be listed as insureds or additional insureds
with 30 days written notice to each other additional (and the officers, directors, partners, employees, agents, and
insured to whom a certificate of insurance has been other consultants and subcontractors of each and any of
issued. them) in such policies and will provide primary coverage
for all losses and damages caused by the perils or causes of
B. OWNER shall purchase and maintain such boiler loss covered thereby. All such policies shall contain
and machinery insurance or additional property insurance provisions to the effect that in the event of payment of any
as may be required by the Supplementary Conditions or loss or damage the insurers will have no rights of recovery
Laws and Regulations which will include the interests of against any of the insureds or additional insureds
OWNER, CONTRACTOR, Subcontractors, ENGINEER, thereunder. OWNER and CONTRACTOR waive all rights
ENGINEER’s Consultants, and any other individuals or against each other and their respective officers, directors,
entities identified in the Supplementary Conditions, each of partners, employees, agents, and other consultants and
whom is deemed to have an insurable interest and shall be subcontractors of each and any of them for all losses and
listed as an insured or additional insured. damages caused by, arising out of or resulting from any of
the perils or causes of loss covered by such policies and any
C. All the policies of insurance (and the certificates other property insurance applicable to the Work; and, in
or other evidence thereof) required to be purchased and addition, waive all such rights against Subcontractors,
General Conditions Page 00700-17
ENGINEER, ENGINEER’s Consultants, and all other
individuals or entities identified in the Supplementary B. OWNER as fiduciary shall have power to adjust
Conditions to be listed as insureds or additional insureds and settle any loss with the insurers unless one of the
(and the officers, directors, partners, employees, agents, and parties in interest shall object in writing within 15 days
other consultants and subcontractors of each and any of after the occurrence of loss to OWNER’s exercise of this
them) under such policies for losses and damages so power. If such objection be made, OWNER as fiduciary
caused. None of the above waivers shall extend to the shall make settlement with the insurers in accordance with
rights that any party making such waiver may have to the such agreement as the parties in interest may reach. If no
proceeds of insurance held by OWNER as trustee or such agreement among the parties in interest is reached,
otherwise payable under any policy so issued. OWNER as fiduciary shall adjust and settle the loss with
the insurers and, if required in writing by any party in
B. OWNER waives all rights against interest, OWNER as fiduciary shall give bond for the
CONTRACTOR, Subcontractors, ENGINEER, proper performance of such duties.
ENGINEER’s Consultants, and the officers, directors,
partners, employees, agents, and other consultants and 5.09 Acceptance of Bonds and Insurance; Option to
subcontractors of each and any of them for: Replace
1. loss due to business interruption, loss of A. If either OWNER or CONTRACTOR has any
use, or other consequential loss extending beyond objection to the coverage afforded by or other provisions of
direct physical loss or damage to OWNER’s the Bonds or insurance required to be purchased and
property or the Work caused by, arising out of, or maintained by the other party in accordance with Article 5
resulting from fire or other peril whether or not on the basis of non-conformance with the Contract
insured by OWNER; and Documents, the objecting party shall so notify the other
party in writing within 10 days after receipt of the
2. loss or damage to the completed Project certificates (or other evidence requested) required by
or part thereof caused by, arising out of, or resulting paragraph 2.05.C. OWNER and CONTRACTOR shall
from fire or other insured peril or cause of loss each provide to the other such additional information in
covered by any property insurance maintained on respect of insurance provided as the other may reasonably
the completed Project or part thereof by OWNER request. If either party does not purchase or maintain all of
during partial utilization pursuant to paragraph the Bonds and insurance required of such party by the Con-
14.05, after Substantial Completion pursuant to tract Documents, such party shall notify the other party in
paragraph 14.04, or after final payment pursuant to writing of such failure to purchase prior to the start of the
paragraph 14.07. Work, or of such failure to maintain prior to any change in
the required coverage. Without prejudice to any other right
C. Any insurance policy maintained by OWNER or remedy, the other party may elect to obtain equivalent
covering any loss, damage or consequential loss referred to Bonds or insurance to protect such other party's interests at
in paragraph 5.07.B shall contain provisions to the effect the expense of the party who was required to provide such
that in the event of payment of any such loss, damage, or coverage, and a Change Order shall be issued to adjust the
consequential loss, the insurers will have no rights of Contract Price accordingly.
recovery against CONTRACTOR, Subcontractors,
ENGINEER, or ENGINEER’s Consultants and the 5.10 Partial Utilization, Acknowledgment of Property
officers, directors, partners, employees, agents, and other Insurer
consultants and subcontractors of each and any of them.
A. If OWNER finds it necessary to occupy or use a
5.08 Receipt and Application of Insurance Proceeds portion or portions of the Work prior to Substantial
Completion of all the Work as provided in paragraph 14.05,
A. Any insured loss under the policies of insurance no such use or occupancy shall commence before the
required by paragraph 5.06 will be adjusted with OWNER insurers providing the property insurance pursuant to
and made payable to OWNER as fiduciary for the insureds, paragraph 5.06 have acknowledged notice thereof and in
as their interests may appear, subject to the requirements of writing effected any changes in coverage necessitated
any applicable mortgage clause and of paragraph 5.08.B. thereby. The insurers providing the property insurance
OWNER shall deposit in a separate account any money so shall consent by endorsement on the policy or policies, but
received and shall distribute it in accordance with such the property insurance shall not be canceled or permitted to
agreement as the parties in interest may reach. If no other lapse on account of any such partial use or occupancy.
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 ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES
by an appropriate Change Order or Written Amendment. ______________________________________________
General Conditions Page 00700-18
6.01 Supervision and Superintendence B. All materials and equipment incorporated into the
Work shall be as specified or, if not specified, shall be of
A. CONTRACTOR shall supervise, inspect, and good quality and new, except as otherwise provided in the
direct the Work competently and efficiently, devoting such Contract Documents. All warranties and guarantees
attention thereto and applying such skills and expertise as specifically called for by the Specifications shall expressly
may be necessary to perform the Work in accordance with run to the benefit of OWNER. If required by ENGINEER,
the Contract Documents. CONTRACTOR shall be solely CONTRACTOR shall furnish satisfactory evidence
responsible for the means, methods, techniques, sequences, (including reports of required tests) as to the source, kind,
and procedures of construction, but CONTRACTOR shall and quality of materials and equipment. All materials and
not be responsible for the negligence of OWNER or equipment shall be stored, applied, installed, connected,
ENGINEER in the design or specification of a specific erected, protected, used, cleaned, and conditioned in
means, method, technique, sequence, or procedure of accordance with instructions of the applicable Supplier,
construction which is shown or indicated in and expressly except as otherwise may be provided in the Contract Docu-
required by the Contract Documents. CONTRACTOR ments.
shall be responsible to see that the completed Work
complies accurately with the Contract Documents. 6.04 Progress Schedule
B. At all times during the progress of the Work, A. CONTRACTOR shall adhere to the progress
CONTRACTOR shall assign a competent resident schedule established in accordance with paragraph 2.07 as
superintendent thereto who shall not be replaced without it may be adjusted from time to time as provided below.
written notice to OWNER and ENGINEER except under
extraordinary circumstances. The superintendent will be 1. CONTRACTOR shall submit to ENGI-
CONTRACTOR’s representative at the Site and shall have NEER for acceptance (to the extent indicated in
authority to act on behalf of CONTRACTOR. All paragraph 2.07) proposed adjustments in the prog-
communications given to or received from the superin- ress schedule that will not result in changing the
tendent shall be binding on CONTRACTOR. Contract Times (or Milestones). Such adjustments
will conform generally to the progress schedule then
6.02 Labor; Working Hours in effect and additionally will comply with any
provisions of the General Requirements applicable
A. CONTRACTOR shall provide competent, thereto.
suitably qualified personnel to survey, lay out, and
construct the Work as required by the Contract Documents. 2. Proposed adjustments in the progress
CONTRACTOR shall at all times maintain good discipline schedule that will change the Contract Times (or
and order at the Site. Milestones) shall be submitted in accordance with
the requirements of Article 12. Such adjustments
B. Except as otherwise required for the safety or may only be made by a Change Order or Written
protection of persons or the Work or property at the Site or Amendment in accordance with Article 12.
adjacent thereto, and except as otherwise stated in the
Contract Documents, all Work at the Site shall be 6.05 Substitutes and “Or-Equals”
performed during regular working hours, and CON-
TRACTOR will not permit overtime work or the A. Whenever an item of material or equipment is
performance of Work on Saturday, Sunday, or any legal specified or described in the Contract Documents by using
holiday without OWNER’s written consent (which will not the name of a proprietary item or the name of a particular
be unreasonably withheld) given after prior written notice Supplier, the specification or description is intended to
to ENGINEER. establish the type, function, appearance, and quality
required. Unless the specification or description contains
or is followed by words reading that no like, equivalent, or
6.03 Services, Materials, and Equipment “or-equal” item or no substitution is permitted, other items
of material or equipment or material or equipment of other
A. Unless otherwise specified in the General Re- Suppliers may be submitted to ENGINEER for review
quirements, CONTRACTOR shall provide and assume full under the circumstances described below.
responsibility for all services, materials, equipment, labor,
transportation, construction equipment and machinery, 1. “Or-Equal” Items: If in ENGINEER’s
tools, appliances, fuel, power, light, heat, telephone, water, sole discretion an item of material or equipment
sanitary facilities, temporary facilities, and all other proposed by CONTRACTOR is functionally equal
facilities and incidentals necessary for the performance, to that named and sufficiently similar so that no
testing, start-up, and completion of the Work. change in related Work will be required, it may be
General Conditions Page 00700-19
considered by ENGINEER as an “or-equal” item, in state the extent, if any, to which the use of the
which case review and approval of the proposed proposed substitute item will prejudice
item may, in ENGINEER’s sole discretion, be CONTRACTOR’s achievement of Substantial
accomplished without compliance with some or all Completion on time, whether or not use of the
of the requirements for approval of proposed proposed substitute item in the Work will re-
substitute items. For the purposes of this paragraph quire a change in any of the Contract Docu-
6.05.A.1, a proposed item of material or equipment ments (or in the provisions of any other direct
will be considered functionally equal to an item so contract with OWNER for work on the Project)
named if: to adapt the design to the proposed substitute
item and whether or not incorporation or use of
a. in the exercise of reasonable judgment the proposed substitute item in connection with
ENGINEER determines that: (i) it is at least the Work is subject to payment of any license
equal in quality, durability, appearance, strength, fee or royalty. All variations of the proposed
and design characteristics; (ii) it will reliably substitute item from that specified will be
perform at least equally well the function identified in the application, and available
imposed by the design concept of the completed engineering, sales, maintenance, repair, and
Project as a functioning whole, and; replacement services will be indicated. The
application will also contain an itemized
b. CONTRACTOR certifies that: (i) there is estimate of all costs or credits that will result
no increase in cost to the OWNER; and (ii) it directly or indirectly from use of such substitute
will conform substantially, even with deviations, item, including costs of redesign and claims of
to the detailed requirements of the item named other contractors affected by any resulting
in the Contract Documents. change, all of which will be considered by
ENGINEER in evaluating the proposed
2. Substitute Items substitute item. ENGINEER may require
CONTRACTOR to furnish additional data about
a. If in ENGINEER’s sole discretion an the proposed substitute item.
item of material or equipment proposed by
CONTRACTOR does not qualify as an “or- B. Substitute Construction Methods or Procedures:
equal” item under paragraph 6.05.A.1, it will be If a specific means, method, technique, sequence, or
considered a proposed substitute item. procedure of construction is shown or indicated in and
expressly required by the Contract Documents, CON-
b. CONTRACTOR shall submit sufficient TRACTOR may furnish or utilize a substitute means,
information as provided below to allow ENGI- method, technique, sequence, or procedure of construction
NEER to determine that the item of material or approved by ENGINEER. CONTRACTOR shall submit
equipment proposed is essentially equivalent to sufficient information to allow ENGINEER, in
that named and an acceptable substitute therefor. ENGINEER’s sole discretion, to determine that the
Requests for review of proposed substitute substitute proposed is equivalent to that expressly called for
items of material or equipment will not be by the Contract Documents. The procedure for review by
accepted by ENGINEER from anyone other ENGINEER will be similar to that provided in sub
than CONTRACTOR. paragraph 6.05.A.2.
c. The procedure for review by ENGI- C. Engineer’s Evaluation: ENGINEER will be
NEER will be as set forth in paragraph allowed a reasonable time within which to evaluate each
6.05.A.2.d, as supplemented in the General proposal or submittal made pursuant to paragraphs 6.05.A
Requirements and as ENGINEER may decide is and 6.05.B. ENGINEER will be the sole judge of
appropriate under the circumstances. acceptability. No “or-equal” or substitute will be ordered,
installed or utilized until ENGINEER’s review is complete,
d. CONTRACTOR shall first make written which will be evidenced by either a Change Order for a
application to ENGINEER for review of a substitute or an approved Shop Drawing for an “or equal.”
proposed substitute item of material or ENGINEER will advise CONTRACTOR in writing of any
equipment that CONTRACTOR seeks to furnish negative determination.
or use. The application shall certify that the
proposed substitute item will perform ade- D. Special Guarantee: OWNER may require
quately the functions and achieve the results CONTRACTOR to furnish at CONTRACTOR’s expense a
called for by the general design, be similar in special performance guarantee or other surety with respect
substance to that specified, and be suited to the to any substitute.
same use as that specified. The application will
General Conditions Page 00700-20
E. ENGINEER’s Cost Reimbursement: ENGINEER C. CONTRACTOR shall be fully responsible to
will record time required by ENGINEER and OWNER and ENGINEER for all acts and omissions of the
ENGINEER’s Consultants in evaluating substitute Subcontractors, Suppliers, and other individuals or entities
proposed or submitted by CONTRACTOR pursuant to performing or furnishing any of the Work just as
paragraphs 6.05.A.2 and 6.05.B and in making changes in CONTRACTOR is responsible for CONTRACTOR’s own
the Contract Documents (or in the provisions of any other acts and omissions. Nothing in the Contract Documents
direct contract with OWNER for work on the Project) shall create for the benefit of any such Subcontractor,
occasioned thereby. Whether or not ENGINEER approves Supplier, or other individual or entity any contractual
a substitute item so proposed or submitted by relationship between OWNER or ENGINEER and any
CONTRACTOR, CONTRACTOR shall reimburse such Subcontractor, Supplier or other individual or entity,
OWNER for the charges of ENGINEER and ENGINEER’s nor shall it create any obligation on the part of OWNER or
Consultants for evaluating each such proposed substitute. ENGINEER to pay or to see to the payment of any moneys
due any such Subcontractor, Supplier, or other individual or
F. CONTRACTOR’s Expense: CONTRACTOR shall entity except as may otherwise be required by Laws and
provide all data in support of any proposed substitute or Regulations.
“or-equal” at CONTRACTOR’s expense.
D. CONTRACTOR shall be solely responsible for
6.06 Concerning Subcontractors, Suppliers, and scheduling and coordinating the Work of Subcontractors,
Others Suppliers, and other individuals or entities performing or
furnishing any of the Work under a direct or indirect
A. CONTRACTOR shall not employ any Subcon- contract with CONTRACTOR.
tractor, Supplier, or other individual or entity (including
those acceptable to OWNER as indicated in paragraph E. CONTRACTOR shall require all Subcontractors,
6.06.B), whether initially or as a replacement, against Suppliers, and such other individuals or entities performing
whom OWNER may have reasonable objection. CON- or furnishing any of the Work to communicate with
TRACTOR shall not be required to employ any Sub- ENGINEER through CONTRACTOR.
contractor, Supplier, or other individual or entity to furnish
or perform any of the Work against whom F. The divisions and sections of the Specifications
CONTRACTOR has reasonable objection. and the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among Subcon-
SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION tractors or Suppliers or delineating the Work to be
00800) performed by any specific trade.
B. If the Supplementary Conditions require the
identity of certain Subcontractors, Suppliers, or other G. All Work performed for CONTRACTOR by a
individuals or entities to be submitted to OWNER in Subcontractor or Supplier will be pursuant to an appro-
advance for acceptance by OWNER by a specified date priate agreement between CONTRACTOR and the
prior to the Effective Date of the Agreement, and if Subcontractor or Supplier which specifically binds the
CONTRACTOR has submitted a list thereof in accordance Subcontractor or Supplier to the applicable terms and
with the Supplementary Conditions, OWNER’s acceptance conditions of the Contract Documents for the benefit of
(either in writing or by failing to make written objection OWNER and ENGINEER. Whenever any such agreement
thereto by the date indicated for acceptance or objection in is with a Subcontractor or Supplier who is listed as an
the Bidding Documents or the Contract Documents) of any additional insured on the property insurance provided in
such Subcontractor, Supplier, or other individual or entity so paragraph 5.06, the agreement between the
identified may be revoked on the basis of reasonable CONTRACTOR and the Subcontractor or Supplier will
objection after due investigation. CONTRACTOR shall contain provisions whereby the Subcontractor or Supplier
submit an acceptable replacement for the rejected waives all rights against OWNER, CONTRACTOR,
Subcontractor, Supplier, or other individual or entity, and ENGINEER, ENGINEER’s Consultants, and all other
the Contract Price will be adjusted by the difference in the individuals or entities identified in the Supplementary
cost occasioned by such replacement, and an appropriate Conditions to be listed as insureds or additional insureds
Change Order will be issued or Written Amendment signed. (and the officers, directors, partners, employees, agents, and
No acceptance by OWNER of any such Subcontractor, other consultants and subcontractors of each and any of
Supplier, or other individual or entity, whether initially or as them) for all losses and damages caused by, arising out of,
a replacement, shall constitute a waiver of any right of relating to, or resulting from any of the perils or causes of
OWNER or ENGINEER to reject defective Work. loss covered by such policies and any other property
insurance applicable to the Work. If the insurers on any
SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION such policies require separate waiver forms to be signed by
00800) any Subcontractor or Supplier, CONTRACTOR will obtain
the same.
General Conditions Page 00700-21
losses, and damages (including but not limited to all fees
6.07 Patent Fees and Royalties and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
A. CONTRACTOR shall pay all license fees and resolution costs) arising out of or relating to such Work;
royalties and assume all costs incident to the use in the however, it shall not be CONTRACTOR’s primary
performance of the Work or the incorporation in the Work responsibility to make certain that the Specifications and
of any invention, design, process, product, or device which Drawings are in accordance with Laws and Regulations,
is the subject of patent rights or copyrights held by others. but this shall not relieve CONTRACTOR of
If a particular invention, design, process, product, or device CONTRACTOR’s obligations under paragraph 3.03.
is specified in the Contract Documents for use in the
performance of the Work and if to the actual knowledge of C. Changes in Laws or Regulations not known at the
OWNER or ENGINEER its use is subject to patent rights time of opening of Bids (or, on the Effective Date of the
or copyrights calling for the payment of any license fee or Agreement if there were no Bids) having an effect on the
royalty to others, the existence of such rights shall be cost or time of performance of the Work may be the subject
disclosed by OWNER in the Contract Documents. To the of an adjustment in Contract Price or Contract Times. If
fullest extent permitted by Laws and Regulations, OWNER and CONTRACTOR are unable to agree on
CONTRACTOR shall indemnify and hold harmless entitlement to or on the amount or extent, if any, of any
OWNER, ENGINEER, ENGINEER’s Consultants, and the such adjustment, a Claim may be made therefore as
officers, directors, partners, employees or agents, and other provided in paragraph 10.05.
consultants of each and any of them from and against all
claims, costs, losses, and damages (including but not 6.10 Taxes
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or A. CONTRACTOR shall pay all sales, consumer,
arbitration or other dispute resolution costs) arising out of use, and other similar taxes required to be paid by
or relating to any infringement of patent rights or CONTRACTOR in accordance with the Laws and
copyrights incident to the use in the performance of the Regulations of the place of the Project which are applicable
Work or resulting from the incorporation in the Work of during the performance of the Work.
any invention, design, process, product, or device not
specified in the Contract Documents. 6.11 Use of Site and Other Areas
6.08 Permits A. Limitation on Use of Site and Other Areas
A. Unless otherwise provided in the Supplementary 1. CONTRACTOR shall confine
Conditions, CONTRACTOR shall obtain and pay for all construction equipment, the storage of materials and
construction permits and licenses. OWNER shall assist equipment, and the operations of workers to the Site
CONTRACTOR, when necessary, in obtaining such and other areas permitted by Laws and Regulations,
permits and licenses. CONTRACTOR shall pay all and shall not unreasonably encumber the Site and
governmental charges and inspection fees necessary for the other areas with construction equipment or other
prosecution of the Work which are applicable at the time of materials or equipment. CONTRACTOR shall
opening of Bids, or, if there are no Bids, on the Effective assume full responsibility for any damage to any
Date of the Agreement. CONTRACTOR shall pay all such land or area, or to the owner or occupant
charges of utility owners for connections to the Work, and thereof, or of any adjacent land or areas resulting
OWNER shall pay all charges of such utility owners for from the performance of the Work.
capital costs related thereto, such as plant investment fees.
2. Should any claim be made by any such
6.09 Laws and Regulations owner or occupant because of the performance of
the Work, CONTRACTOR shall promptly settle
A. CONTRACTOR shall give all notices and comply with such other party by negotiation or otherwise
with all Laws and Regulations applicable to the resolve the claim by arbitration or other dispute
performance of the Work. Except where otherwise resolution proceeding or at law.
expressly required by applicable Laws and Regulations,
neither OWNER nor ENGINEER shall be responsible for 3. To the fullest extent permitted by Laws
monitoring CONTRACTOR’s compliance with any Laws and Regulations, CONTRACTOR shall indemnify
or Regulations. and hold harmless OWNER, ENGINEER,
ENGINEER’s Consultant, and the officers,
B. If CONTRACTOR performs any Work knowing directors, partners, employees, agents, and other
or having reason to know that it is contrary to Laws or consultants of each and any of them from and
Regulations, CONTRACTOR shall bear all claims, costs, against all claims, costs, losses, and damages
General Conditions Page 00700-22
(including but not limited to all fees and charges of 1. all persons on the Site or who may be
engineers, architects, attorneys, and other affected by the Work;
professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to 2. all the Work and materials and equip-
any claim or action, legal or equitable, brought by ment to be incorporated therein, whether in storage
any such owner or occupant against OWNER, on or off the Site; and
ENGINEER, or any other party indemnified
hereunder to the extent caused by or based upon 3. other property at the Site or adjacent
CONTRACTOR's performance of the Work. thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and
B. Removal of Debris During Performance of the Underground Facilities not designated for removal,
Work: During the progress of the Work CONTRACTOR relocation, or replacement in the course of
shall keep the Site and other areas free from accumulations construction.
of waste materials, rubbish, and other debris. Removal and
disposal of such waste materials, rubbish, and other debris B. CONTRACTOR shall comply with all applicable
shall conform to applicable Laws and Regulations. Laws and Regulations relating to the safety of persons or
property, or to the protection of persons or property from
C. Cleaning: Prior to Substantial Completion of the damage, injury, or loss; and shall erect and maintain all
Work CONTRACTOR shall clean the Site and make it necessary safeguards for such safety and protection.
ready for utilization by OWNER. At the completion of the CONTRACTOR shall notify owners of adjacent property
Work CONTRACTOR shall remove from the Site all tools, and of Underground Facilities and other utility owners
appliances, construction equipment and machinery, and when prosecution of the Work may affect them, and shall
surplus materials and shall restore to original condition all cooperate with them in the protection, removal, relocation,
property not designated for alteration by the Contract and replacement of their property. All damage, injury, or
Documents. loss to any property referred to in paragraph 6.13.A.2 or
6.13.A.3 caused, directly or indirectly, in whole or in part,
D. Loading Structures: CONTRACTOR shall not by CONTRACTOR, any Subcontractor, Supplier, or any
load nor permit any part of any structure to be loaded in any other individual or entity directly or indirectly employed by
manner that will endanger the structure, nor shall any of them to perform any of the Work, or anyone for
CONTRACTOR subject any part of the Work or adjacent whose acts any of them may be liable, shall be remedied by
property to stresses or pressures that will endanger it. CONTRACTOR (except damage or loss attributable to the
fault of Drawings or Specifications or to the acts or
6.12 Record Documents omissions of OWNER or ENGINEER or ENGINEER’s
Consultant, or anyone employed by any of them, or anyone
A. CONTRACTOR shall maintain in a safe place at for whose acts any of them may be liable, and not
the Site one record copy of all Drawings, Specifications, attributable, directly or indirectly, in whole or in part, to the
Addenda, Written Amendments, Change Orders, Work fault or negligence of CONTRACTOR or any
Change Directives, Field Orders, and written interpretations Subcontractor, Supplier, or other individual or entity
and clarifications in good order and annotated to show directly or indirectly employed by any of them).
changes made during construction. These record CONTRACTOR’s duties and responsibilities for safety and
documents together with all approved Samples and a for protection of the Work shall continue until such time as
counterpart of all approved Shop Drawings will be all the Work is completed and ENGINEER has issued a
available to ENGINEER for reference. Upon completion notice to OWNER and CONTRACTOR in accordance
of the Work, these record documents, Samples, and Shop with paragraph 14.07.B that the Work is acceptable (except
Drawings will be delivered to ENGINEER for OWNER. as otherwise expressly provided in connection with
Substantial Completion).
6.13 Safety and Protection
6.14 Safety Representative
SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION
00800) A. CONTRACTOR shall designate a qualified and
experienced safety representative at the Site whose duties
A. CONTRACTOR shall be solely responsible for and responsibilities shall be the prevention of accidents and
initiating, maintaining and supervising all safety precau- the maintaining and supervising of safety precautions and
tions and programs in connection with the Work. programs.
CONTRACTOR shall take all necessary precautions for the
safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
General Conditions Page 00700-23
6.15 Hazard Communication Programs D. Submittal Procedures
A. CONTRACTOR shall be responsible for coordi- 1. Before submitting each Shop Drawing or
nating any exchange of material safety data sheets or other Sample, CONTRACTOR shall have determined and
hazard communication information required to be made verified:
available to or exchanged between or among employers at
the Site in accordance with Laws or Regulations. a. all field measurements, quantities,
dimensions, specified performance criteria,
6.16 Emergencies installation requirements, materials, catalog
numbers, and similar information with respect
A. In emergencies affecting the safety or protection thereto;
of persons or the Work or property at the Site or adjacent
thereto, CONTRACTOR is obligated to act to prevent b. all materials with respect to intended use,
threatened damage, injury, or loss. CONTRACTOR shall fabrication, shipping, handling, storage,
give ENGINEER prompt written notice if CONTRACTOR assembly, and installation pertaining to the
believes that any significant changes in the Work or performance of the Work;
variations from the Contract Documents have been caused
thereby or are required as a result thereof. If ENGINEER c. all information relative to means,
determines that a change in the Contract Documents is methods, techniques, sequences, and procedures
required because of the action taken by CONTRACTOR in of construction and safety precautions and
response to such an emergency, a Work Change Directive programs incident thereto; and
or Change Order will be issued.
d. CONTRACTOR shall also have
6.17 Shop Drawings and Samples reviewed and coordinated each Shop Drawing
or Sample with other Shop Drawings and
A. CONTRACTOR shall submit Shop Drawings to Samples and with the requirements of the Work
ENGINEER for review and approval in accordance with and the Contract Documents.
the acceptable schedule of Shop Drawings and Sample
submittals. All submittals will be identified as ENGINEER 2. Each submittal shall bear a stamp or
may require and in the number of copies specified in the specific written indication that CONTRACTOR has
General Requirements. The data shown on the Shop satisfied CONTRACTOR’s obligations under the
Drawings will be complete with respect to quantities, Contract Documents with respect to
dimensions, specified performance and design criteria, CONTRACTOR’s review and approval of that
materials, and similar data to show ENGINEER the submittal.
services, materials, and equipment CONTRACTOR
proposes to provide and to enable ENGINEER to review 3. At the time of each submittal, CON-
the information for the limited purposes required by TRACTOR shall give ENGINEER specific written
paragraph 6.17.E. notice of such variations, if any, that the Shop
Drawing or Sample submitted may have from the
B. CONTRACTOR shall also submit Samples to requirements of the Contract Documents, such
ENGINEER for review and approval in accordance with notice to be in a written communication separate
the acceptable schedule of Shop Drawings and Sample from the submittal; and, in addition, shall cause a
submittals. Each Sample will be identified clearly as to specific notation to be made on each Shop Drawing
material, Supplier, pertinent data such as catalog numbers, and Sample submitted to ENGINEER for review
and the use for which intended and otherwise as and approval of each such variation.
ENGINEER may require to enable ENGINEER to review
the submittal for the limited purposes required by paragraph E. ENGINEER’s Review
6.17.E. The numbers of each Sample to be submitted will
be as specified in the Specifications. 1. ENGINEER will timely review and
approve Shop Drawings and Samples in accordance
C. Where a Shop Drawing or Sample is required by with the schedule of Shop Drawings and Sample
the Contract Documents or the schedule of Shop Drawings submittals acceptable to ENGINEER.
and Sample submittals acceptable to ENGINEER as ENGINEER’s review and approval will be only to
required by paragraph 2.07, any related Work performed determine if the items covered by the submittals
prior to ENGINEER’s review and approval of the pertinent will, after installation or incorporation in the Work,
submittal will be at the sole expense and responsibility of conform to the information given in the Contract
CONTRACTOR. Documents and be compatible with the design
General Conditions Page 00700-24
concept of the completed Project as a functioning warranty and guarantee hereunder excludes defects or
whole as indicated by the Contract Documents. damage caused by:
2. ENGINEER’s review and approval will 1. abuse, modification, or improper main-
not extend to means, methods, techniques, tenance or operation by persons other than CON-
sequences, or procedures of construction (except TRACTOR, Subcontractors, Suppliers, or any other
where a particular means, method, technique, individual or entity for whom CONTRACTOR is
sequence, or procedure of construction is responsible; or
specifically and expressly called for by the Contract
Documents) or to safety precautions or programs 2. normal wear and tear under normal
incident thereto. The review and approval of a usage.
separate item as such will not indicate approval of
the assembly in which the item functions. B. CONTRACTOR’s obligation to perform and
complete the Work in accordance with the Contract
3. ENGINEER’s review and approval of Documents shall be absolute. None of the following will
Shop Drawings or Samples shall not relieve CON- constitute an acceptance of Work that is not in accordance
TRACTOR from responsibility for any variation with the Contract Documents or a release of
from the requirements of the Contract Documents CONTRACTOR’s obligation to perform the Work in
unless CONTRACTOR has in writing called accordance with the Contract Documents:
ENGINEER’s attention to each such variation at the
time of each submittal as required by paragraph 1. observations by ENGINEER;
6.17.D.3 and ENGINEER has given written
approval of each such variation by specific written 2. recommendation by ENGINEER or
notation thereof incorporated in or accompanying payment by OWNER of any progress or final
the Shop Drawing or Sample approval; nor will any payment;
approval by ENGINEER relieve CONTRACTOR
from responsibility for complying with the require- 3. the issuance of a certificate of Substantial
ments of paragraph 6.17.D.1. Completion by ENGINEER or any payment related
thereto by OWNER;
F. Resubmittal Procedures
4. use or occupancy of the Work or any
1. CONTRACTOR shall make corrections part thereof by OWNER;
required by ENGINEER and shall return the
required number of corrected copies of Shop 5. any acceptance by OWNER or any
Drawings and submit as required new Samples for failure to do so;
review and approval. CONTRACTOR shall direct
specific attention in writing to revisions other than 6. any review and approval of a Shop
the corrections called for by ENGINEER on Drawing or Sample submittal or the issuance of a
previous submittals. notice of acceptability by ENGINEER;
6.18 Continuing the Work 7. any inspection, test, or approval by
others; or
A. CONTRACTOR shall carry on the Work and
adhere to the progress schedule during all disputes or 8. any correction of defective Work by
disagreements with OWNER. No Work shall be delayed or OWNER.
postponed pending resolution of any disputes or
disagreements, except as permitted by paragraph 15.04 or 6.20 Indemnification
as OWNER and CONTRACTOR may otherwise agree in
writing. A. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
6.19 CONTRACTOR’s General Warranty and harmless OWNER, ENGINEER, ENGINEER’s Consul-
Guarantee tants, and the officers, directors, partners, employees,
agents, and other consultants and subcontractors of each
A. CONTRACTOR warrants and guarantees to and any of them from and against all claims, costs, losses,
OWNER, ENGINEER, and ENGINEER’s Consultants that and damages (including but not limited to all fees and
all Work will be in accordance with the Contract charges of engineers, architects, attorneys, and other
Documents and will not be defective. CONTRACTOR’s professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to the perfor-
General Conditions Page 00700-25
mance of the Work, provided that any such claim, cost, ARTICLE 7 - OTHER WORK
loss, or damage: ______________________________________________
1. is attributable to bodily injury, sickness, 7.01 Related Work at Site
disease, or death, or to injury to or destruction of
tangible property (other than the Work itself), A. OWNER may perform other work related to the
including the loss of use resulting therefrom; and Project at the Site by OWNER’s employees, or let other
direct contracts therefor, or have other work performed by
2. is caused in whole or in part by any utility owners. If such other work is not noted in the
negligent act or omission of CONTRACTOR, any Contract Documents, then:
Subcontractor, any Supplier, or any individual or
entity directly or indirectly employed by any of 1. written notice thereof will be given to
them to perform any of the Work or anyone for CONTRACTOR prior to starting any such other
whose acts any of them may be liable, regardless of work; and
whether or not caused in part by any negligence or
omission of an individual or entity indemnified 2. if OWNER and CONTRACTOR are
hereunder or whether liability is imposed upon such unable to agree on entitlement to or on the amount
indemnified party by Laws and Regulations regard- or extent, if any, of any adjustment in the Contract
less of the negligence of any such individual or Price or Contract Times that should be allowed as a
entity. result of such other work, a Claim may be made
therefore as provided in paragraph 10.05.
B. In any and all claims against OWNER or ENGI-
NEER or any of their respective consultants, agents, B. CONTRACTOR shall afford each other
officers, directors, partners, or employees by any employee contractor who is a party to such a direct contract and each
(or the survivor or personal representative of such utility owner (and OWNER, if OWNER is performing the
employee) of CONTRACTOR, any Subcontractor, any other work with OWNER’s employees) proper and safe
Supplier, or any individual or entity directly or indirectly access to the Site and a reasonable opportunity for the
employed by any of them to perform any of the Work, or introduction and storage of materials and equipment and
anyone for whose acts any of them may be liable, the the execution of such other work and shall properly
indemnification obligation under paragraph 6.20.A shall coordinate the Work with theirs. Unless otherwise
not be limited in any way by any limitation on the amount provided in the Contract Documents, CONTRACTOR
or type of damages, compensation, or benefits payable by shall do all cutting, fitting, and patching of the Work that
or for CONTRACTOR or any such Subcontractor, may be required to properly connect or otherwise make its
Supplier, or other individual or entity under workers’ several parts come together and properly integrate with
compensation acts, disability benefit acts, or other such other work. CONTRACTOR shall not endanger any
employee benefit acts. work of others by cutting, excavating, or otherwise altering
their work and will only cut or alter their work with the
C. The indemnification obligations of CONTRAC- written consent of ENGINEER and the others whose work
TOR under paragraph 6.20.A shall not extend to the will be affected. The duties and responsibilities of
liability of ENGINEER and ENGINEER’s Consultants or CONTRACTOR under this paragraph are for the benefit of
to the officers, directors, partners, employees, agents, and such utility owners and other contractors to the extent that
other consultants and subcontractors of each and any of there are comparable provisions for the benefit of
them arising out of: CONTRACTOR in said direct contracts between OWNER
and such utility owners and other contractors.
1. the preparation or approval of, or the
failure to prepare or approve, maps, Drawings, C. If the proper execution or results of any part of
opinions, reports, surveys, Change Orders, designs, CONTRACTOR’s Work depends upon work performed by
or Specifications; or others under this Article 7, CONTRACTOR shall inspect
such other work and promptly report to ENGINEER in
2. giving directions or instructions, or writing any delays, defects, or deficiencies in such other
failing to give them, if that is the primary cause of work that render it unavailable or unsuitable for the proper
the injury or damage. execution and results of CONTRACTOR’s Work.
CONTRACTOR’s failure to so report will constitute an
acceptance of such other work as fit and proper for
integration with CONTRACTOR’s Work except for latent
defects and deficiencies in such other work.
General Conditions Page 00700-26
7.02 Coordination of explorations and tests of subsurface conditions and
drawings of physical conditions in or relating to existing
A. If OWNER intends to contract with others for the surface or subsurface structures at or contiguous to the Site
performance of other work on the Project at the Site, the that have been utilized by ENGINEER in preparing the
following will be set forth in Supplementary Conditions: Contract Documents.
1. the individual or entity who will have 8.06 Insurance
authority and responsibility for coordination of the
activities among the various contractors will be A. OWNER’s responsibilities, if any, in respect to
identified; purchasing and maintaining liability and property insurance
are set forth in Article 5.
2. the specific matters to be covered by
such authority and responsibility will be itemized; 8.07 Change Orders
and
A. OWNER is obligated to execute Change Orders as
3. the extent of such authority and responsi- indicated in paragraph 10.03.
bilities will be provided.
8.08 Inspections, Tests, and Approvals
B. Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and respon- A. OWNER’s responsibility in respect to certain
sibility for such coordination. inspections, tests, and approvals is set forth in paragraph
13.03.B.
ARTICLE 8 - OWNER’S RESPONSIBILITIES 8.09 Limitations on OWNER’s Responsibilities
______________________________________________
A. The OWNER shall not supervise, direct, or have
8.01 Communications to Contractor control or authority over, nor be responsible for,
CONTRACTOR’s means, methods, techniques, sequences,
A. Except as otherwise provided in these General or procedures of construction, or the safety precautions and
Conditions, OWNER shall issue all communications to programs incident thereto, or for any failure of CON-
CONTRACTOR through ENGINEER. TRACTOR to comply with Laws and Regulations applica-
ble to the performance of the Work. OWNER will not be
8.02 Replacement of ENGINEER responsible for CONTRACTOR’s failure to perform the
Work in accordance with the Contract Documents.
A. In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer to whom 8.10 Undisclosed Hazardous Environmental
CONTRACTOR makes no reasonable objection, whose Condition
status under the Contract Documents shall be that of the
former ENGINEER. A. OWNER’s responsibility in respect to an undis-
closed Hazardous Environmental Condition is set forth in
8.03 Furnish Data paragraph 4.06.
A. OWNER shall promptly furnish the data required 8.11 Evidence of Financial Arrangements
of OWNER under the Contract Documents.
A. If and to the extent OWNER has agreed to furnish
8.04 Pay Promptly When Due CONTRACTOR reasonable evidence that financial
arrangements have been made to satisfy OWNER’s
A. OWNER shall make payments to CONTRAC- obligations under the Contract Documents, OWNER’s
TOR promptly when they are due as provided in responsibility in respect thereof will be as set forth in the
paragraphs 14.02.C and 14.07.C. Supplementary Conditions.
8.05 Lands and Easements; Reports and Tests
A. OWNER’s duties in respect of providing lands
and easements and providing engineering surveys to
establish reference points are set forth in paragraphs 4.01
and 4.05. Paragraph 4.02 refers to OWNER’s identifying
and making available to CONTRACTOR copies of reports
General Conditions Page 00700-27
ARTICLE 9 - ENGINEER’S STATUS DURING the responsibilities and authority and limitations thereon of
CONSTRUCTION such other individual or entity will be as provided in the
______________________________________________ Supplementary Conditions.
9.01 OWNER’S Representative 9.04 Clarifications and Interpretations
A. ENGINEER will be OWNER’s representative A. ENGINEER will issue with reasonable prompt-
during the construction period. The duties and responsi- ness such written clarifications or interpretations of the
bilities and the limitations of authority of ENGINEER as requirements of the Contract Documents as ENGINEER
OWNER’s representative during construction are set forth may determine necessary, which shall be consistent with
in the Contract Documents and will not be changed without the intent of and reasonably inferable from the Contract
written consent of OWNER and ENGINEER. Documents. Such written clarifications and interpretations
will be binding on OWNER and CONTRACTOR. If
9.02 Visits to Site OWNER and CONTRACTOR are unable to agree on
entitlement to or on the amount or extent, if any, of any
A. ENGINEER will make visits to the Site at inter- adjustment in the Contract Price or Contract Times, or both,
vals appropriate to the various stages of construction as that should be allowed as a result of a written clarification
ENGINEER deems necessary in order to observe as an or interpretation, a Claim may be made therefor as provided
experienced and qualified design professional the progress in paragraph 10.05.
that has been made and the quality of the various aspects of
CONTRACTOR’s executed Work. Based on information 9.05 Authorized Variations in Work
obtained during such visits and observations, ENGINEER,
for the benefit of OWNER, will determine, in general, if the A. ENGINEER may authorize minor variations in the
Work is proceeding in accordance with the Contract Work from the requirements of the Contract Documents
Documents. ENGINEER will not be required to make which do not involve an adjustment in the Contract Price or
exhaustive or continuous inspections on the Site to check the Contract Times and are compatible with the design
the quality or quantity of the Work. ENGINEER’s efforts concept of the completed Project as a functioning whole as
will be directed toward providing for OWNER a greater indicated by the Contract Documents. These may be
degree of confidence that the completed Work will conform accomplished by a Field Order and will be binding on
generally to the Contract Documents. On the basis of such OWNER and also on CONTRACTOR, who shall perform
visits and observations, ENGINEER will keep OWNER the Work involved promptly. If OWNER and CONTRAC-
informed of the progress of the Work and will endeavor to TOR are unable to agree on entitlement to or on the amount
guard OWNER against defective Work. or extent, if any, of any adjustment in the Contract Price or
Contract Times, or both, as a result of a Field Order, a
B. ENGINEER’s visits and observations are subject Claim may be made therefor as provided in paragraph
to all the limitations on ENGINEER’s authority and 10.05.
responsibility set forth in paragraph 9.10, and particularly,
but without limitation, during or as a result of 9.06 Rejecting Defective Work
ENGINEER's visits or observations of CONTRACTOR's
Work ENGINEER will not supervise, direct, control, or A. ENGINEER will have authority to disapprove or
have authority over or be responsible for reject Work which ENGINEER believes to be defective, or
CONTRACTOR’s means, methods, techniques, sequences, that ENGINEER believes will not produce a completed
or procedures of construction, or the safety precautions and Project that conforms to the Contract Documents or that
programs incident thereto, or for any failure of will prejudice the integrity of the design concept of the
CONTRACTOR to comply with Laws and Regulations completed Project as a functioning whole as indicated by
applicable to the performance of the Work. the Contract Documents. ENGINEER will also have
authority to require special inspection or testing of the
9.03 Project Representative Work as provided in paragraph 13.04, whether or not the
Work is fabricated, installed, or completed.
A. If OWNER and ENGINEER agree, ENGINEER
will furnish a Resident Project Representative to assist 9.07 Shop Drawings, Change Orders and Payments
ENGINEER in providing more extensive observation of the
Work. The responsibilities and authority and limitations A. In connection with ENGINEER’s authority as to
thereon of any such Resident Project Representative and Shop Drawings and Samples, see paragraph 6.17.
assistants will be as provided in paragraph 9.10 and in the
Supplementary Conditions. If OWNER designates another B. In connection with ENGINEER’s authority as to
representative or agent to represent OWNER at the Site Change Orders, see Articles 10, 11, and 12.
who is not ENGINEER’s Consultant, agent or employee,
General Conditions Page 00700-28
C. In connection with ENGINEER’s authority as to CONTRACTOR, any Subcontractor, any Supplier, any
Applications for Payment, see Article 14. other individual or entity, or to any surety for or employee
or agent of any of them.
9.08 Determinations for Unit Price Work
B. ENGINEER will not supervise, direct, control, or
A. ENGINEER will determine the actual quantities have authority over or be responsible for
and classifications of Unit Price Work performed by CONTRACTOR’s means, methods, techniques, sequences,
CONTRACTOR. ENGINEER will review with CON- or procedures of construction, or the safety precautions and
TRACTOR the ENGINEER’s preliminary determinations programs incident thereto, or for any failure of
on such matters before rendering a written decision thereon CONTRACTOR to comply with Laws and Regulations
(by recommendation of an Application for Payment or applicable to the performance of the Work. ENGINEER
otherwise). ENGINEER’s written decision thereon will be will not be responsible for CONTRACTOR’s failure to
final and binding (except as modified by ENGINEER to perform the Work in accordance with the Contract
reflect changed factual conditions or more accurate data) Documents.
upon OWNER and CONTRACTOR, subject to the
provisions of paragraph 10.05. C. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor, any
9.09 Decisions on Requirements of Contract Supplier, or of any other individual or entity performing
Documents and Acceptability of Work any of the Work.
A. ENGINEER will be the initial interpreter of the D. ENGINEER’s review of the final Application for
requirements of the Contract Documents and judge of the Payment and accompanying documentation and all mainte-
acceptability of the Work there under. Claims, disputes and nance and operating instructions, schedules, guarantees,
other matters relating to the acceptability of the Work, the Bonds, certificates of inspection, tests and approvals, and
quantities and classifications of Unit Price Work, the other documentation required to be delivered by paragraph
interpretation of the requirements of the Contract 14.07.A will only be to determine generally that their
Documents pertaining to the performance of the Work, and content complies with the requirements of, and in the case
Claims seeking changes in the Contract Price or Contract of certificates of inspections, tests, and approvals that the
Times will be referred initially to ENGINEER in writing, in results certified indicate compliance with, the Contract
accordance with the provisions of paragraph 10.05, with a Documents.
request for a formal decision.
E. The limitations upon authority and responsibility
B. When functioning as interpreter and judge under set forth in this paragraph 9.10 shall also apply to
this paragraph 9.09, ENGINEER will not show partiality to ENGINEER’s Consultants, Resident Project Repre-
OWNER or CONTRACTOR and will not be liable in sentative, and assistants.
connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
ENGINEER pursuant to this paragraph 9.09 with respect to ______________________________________________
any such Claim, dispute, or other matter (except any which
have been waived by the making or acceptance of final 10.01 Authorized Changes in the Work
payment as provided in paragraph 14.07) will be a
condition precedent to any exercise by OWNER or A. Without invalidating the Agreement and without
CONTRACTOR of such rights or remedies as either may notice to any surety, OWNER may, at any time or from
otherwise have under the Contract Documents or by Laws time to time, order additions, deletions, or revisions in the
or Regulations in respect of any such Claim, dispute, or Work by a Written Amendment, a Change Order, or a
other matter. Work Change Directive. Upon receipt of any such
document, CONTRACTOR shall promptly proceed with
9.10 Limitations on ENGINEER’s Authority and the Work involved which will be performed under the
Responsibilities applicable conditions of the Contract Documents (except as
otherwise specifically provided).
A. Neither ENGINEER’s authority or responsibility
under this Article 9 or under any other provision of the B. If OWNER and CONTRACTOR are unable to
Contract Documents nor any decision made by agree on entitlement to, or on the amount or extent, if any,
ENGINEER in good faith either to exercise or not exercise of an adjustment in the Contract Price or Contract Times, or
such authority or responsibility or the undertaking, both, that should be allowed as a result of a Work Change
exercise, or performance of any authority or responsibility Directive, a Claim may be made therefore as provided in
by ENGINEER shall create, impose, or give rise to any paragraph 10.05.
duty in contract, tort, or otherwise owed by ENGINEER to
General Conditions Page 00700-29
10.02 Unauthorized Changes in the Work Contract promptly (but in no event later than 30 days) after
the start of the event giving rise thereto. Notice of the
A. CONTRACTOR shall not be entitled to an amount or extent of the Claim, dispute, or other matter with
increase in the Contract Price or an extension of the supporting data shall be delivered to the ENGINEER and
Contract Times with respect to any work performed that is the other party to the Contract within 60 days after the start
not required by the Contract Documents as amended, of such event (unless ENGINEER allows additional time
modified, or supplemented as provided in paragraph 3.04, for claimant to submit additional or more accurate data in
except in the case of an emergency as provided in support of such Claim, dispute, or other matter). A Claim
paragraph 6.16 or in the case of uncovering Work as for an adjustment in Contract Price shall be prepared in
provided in paragraph 13.04.B. accordance with the provisions of paragraph 12.01.B. A
Claim for an adjustment in Contract Time shall be prepared
10.03 Execution of Change Orders in accordance with the provisions of paragraph 12.02.B.
Each Claim shall be accompanied by claimant's written
A. OWNER and CONTRACTOR shall execute statement that the adjustment claimed is the entire
appropriate Change Orders recommended by ENGINEER adjustment to which the claimant believes it is entitled as a
(or Written Amendments) covering: result of said event. The opposing party shall submit any
response to ENGINEER and the claimant within 30 days
1. changes in the Work which are: (i) after receipt of the claimant’s last submittal (unless
ordered by OWNER pursuant to paragraph 10.01.A, ENGINEER allows additional time).
(ii) required because of acceptance of defective
Work under paragraph 13.08.A or OWNER’s B. ENGINEER’s Decision: ENGINEER will render
correction of defective Work under paragraph a formal decision in writing within 30 days after receipt of
13.09, or (iii) agreed to by the parties; the last submittal of the claimant or the last submittal of the
opposing party, if any. ENGINEER’s written decision on
2. changes in the Contract Price or Contract such Claim, dispute, or other matter will be final and
Times which are agreed to by the parties, including binding upon OWNER and CONTRACTOR unless:
any undisputed sum or amount of time for Work
actually performed in accordance with a Work 1. an appeal from ENGINEER’s decision is
Change Directive; and taken within the time limits and in accordance with
the dispute resolution procedures set forth in Article
3. changes in the Contract Price or Contract 16; or
Times which embody the substance of any written
decision rendered by ENGINEER pursuant to para- 2. if no such dispute resolution procedures
graph 10.05; provided that, in lieu of executing any have been set forth in Article 16, a written notice of
such Change Order, an appeal may be taken from intention to appeal from ENGINEER’s written
any such decision in accordance with the provisions decision is delivered by OWNER or
of the Contract Documents and applicable Laws and CONTRACTOR to the other and to ENGINEER
Regulations, but during any such appeal, within 30 days after the date of such decision, and a
CONTRACTOR shall carry on the Work and formal proceeding is instituted by the appealing
adhere to the progress schedule as provided in party in a forum of competent jurisdiction within 60
paragraph 6.18.A. days after the date of such decision or within 60
days after Substantial Completion, whichever is
10.04 Notification to Surety later (unless otherwise agreed in writing by
OWNER and CONTRACTOR), to exercise such
A. If notice of any change affecting the general scope rights or remedies as the appealing party may have
of the Work or the provisions of the Contract Documents with respect to such Claim, dispute, or other matter
(including, but not limited to, Contract Price or Contract in accordance with applicable Laws and
Times) is required by the provisions of any Bond to be Regulations.
given to a surety, the giving of any such notice will be
CONTRACTOR’s responsibility. The amount of each
applicable Bond will be adjusted to reflect the effect of any
such change.
10.05 Claims and Disputes
A. Notice: Written notice stating the general nature
of each Claim, dispute, or other matter shall be delivered by
the claimant to ENGINEER and the other party to the
General Conditions Page 00700-30
Suppliers’ field services required in connection
C. If ENGINEER does not render a formal decision therewith. All cash discounts shall accrue to
in writing within the time stated in paragraph 10.05.B, a CONTRACTOR unless OWNER deposits funds
decision denying the Claim in its entirety shall be deemed with CONTRACTOR with which to make pay-
to have been issued 31 days after receipt of the last ments, in which case the cash discounts shall accrue
submittal of the claimant or the last submittal of the to OWNER. All trade discounts, rebates and
opposing party, if any. refunds and returns from sale of surplus materials
and equipment shall accrue to OWNER, and
D. No Claim for an adjustment in Contract Price or CONTRACTOR shall make provisions so that they
Contract Times (or Milestones) will be valid if not may be obtained.
submitted in accordance with this paragraph 10.05.
3. Payments made by CONTRACTOR to
Subcontractors for Work performed by
ARTICLE 11 - COST OF THE WORK; CASH Subcontractors. If required by OWNER, CON-
ALLOWANCES; UNIT PRICE WORK TRACTOR shall obtain competitive bids from
______________________________________________ subcontractors acceptable to OWNER and CON-
TRACTOR and shall deliver such bids to OWNER,
11.01 Cost of the Work who will then determine, with the advice of
ENGINEER, which bids, if any, will be acceptable.
A. Costs Included: The term Cost of the Work If any subcontract provides that the Subcontractor
means the sum of all costs necessarily incurred and paid by is to be paid on the basis of Cost of the Work plus a
CONTRACTOR in the proper performance of the Work. fee, the Subcontractor’s Cost of the Work and fee
When the value of any Work covered by a Change Order or shall be determined in the same manner as
when a Claim for an adjustment in Contract Price is CONTRACTOR’s Cost of the Work and fee as
determined on the basis of Cost of the Work, the costs to be provided in this paragraph 11.01.
reimbursed to CONTRACTOR will be only those
additional or incremental costs required because of the 4. Costs of special consultants (including
change in the Work or because of the event giving rise to but not limited to engineers, architects, testing
the Claim. Except as otherwise may be agreed to in writing laboratories, surveyors, attorneys, and accountants)
by OWNER, such costs shall be in amounts no higher than employed for services specifically related to the
those prevailing in the locality of the Project, shall include Work.
only the following items, and shall not include any of the
costs itemized in paragraph 11.01.B. 5. Supplemental costs including the
following:
1. Payroll costs for employees in the direct
employ of CONTRACTOR in the performance of a. The proportion of necessary transportation,
the Work under schedules of job classifications travel, and subsistence expenses of
agreed upon by OWNER and CONTRACTOR. CONTRACTOR’s employees incurred in discharge
Such employees shall include without limitation of duties connected with the Work.
superintendents, foremen, and other personnel
employed full time at the Site. Payroll costs for b. Cost, including transportation and
employees not employed full time on the Work shall maintenance, of all materials, supplies, equipment,
be apportioned on the basis of their time spent on machinery, appliances, office, and temporary
the Work. Payroll costs shall include, but not be facilities at the Site, and hand tools not owned by
limited to, salaries and wages plus the cost of fringe the workers, which are consumed in the
benefits, which shall include social security performance of the Work, and cost, less market
contributions, unemployment, excise, and payroll value, of such items used but not consumed which
taxes, workers’ compensation, health and retirement remain the property of CONTRACTOR.
benefits, bonuses, sick leave, vacation and holiday
pay applicable thereto. The expenses of performing c. Rentals of all construction equipment
Work outside of regular working hours, on and machinery, and the parts thereof whether rented
Saturday, Sunday, or legal holidays, shall be from CONTRACTOR or others in accordance with
included in the above to the extent authorized by rental agreements approved by OWNER with the
OWNER. advice of ENGINEER, and the costs of
transportation, loading, unloading, assembly,
2. Cost of all materials and equipment dismantling, and removal thereof. All such costs
furnished and incorporated in the Work, including shall be in accordance with the terms of said rental
costs of transportation and storage thereof, and agreements. The rental of any such equipment,
General Conditions Page 00700-31
machinery, or parts shall cease when the use thereof (of partnerships and sole proprietorships), general
is no longer necessary for the Work. managers, engineers, architects, estimators,
attorneys, auditors, accountants, purchasing and
d. Sales, consumer, use, and other similar contracting agents, expediters, timekeepers, clerks,
taxes related to the Work, and for which CON- and other personnel employed by CONTRACTOR,
TRACTOR is liable, imposed by Laws and Regu- whether at the Site or in CONTRACTOR’s
lations. principal or branch office for general administration
of the Work and not specifically included in the
e. Deposits lost for causes other than negli- agreed upon schedule of job classifications referred
gence of CONTRACTOR, any Subcontractor, or to in paragraph 11.01.A.1 or specifically covered by
anyone directly or indirectly employed by any of paragraph 11.01.A.4, all of which are to be
them or for whose acts any of them may be liable, considered administrative costs covered by the
and royalty payments and fees for permits and CONTRACTOR’s fee.
licenses.
2. Expenses of CONTRACTOR’s principal
f. Losses and damages (and related and branch offices other than CONTRACTOR’s
expenses) caused by damage to the Work, not office at the Site.
compensated by insurance or otherwise, sustained
by CONTRACTOR in connection with the perfor- 3. Any part of CONTRACTOR’s capital
mance of the Work (except losses and damages expenses, including interest on CONTRACTOR’s
within the deductible amounts of property insurance capital employed for the Work and charges against
established in accordance with paragraph 5.06.D), CONTRACTOR for delinquent payments.
provided such losses and damages have resulted
from causes other than the negligence of 4. Costs due to the negligence of CON-
CONTRACTOR, any Subcontractor, or anyone TRACTOR, any Subcontractor, or anyone directly
directly or indirectly employed by any of them or or indirectly employed by any of them or for whose
for whose acts any of them may be liable. Such acts any of them may be liable, including but not
losses shall include settlements made with the limited to, the correction of defective Work,
written consent and approval of OWNER. No such disposal of materials or equipment wrongly
losses, damages, and expenses shall be included in supplied, and making good any damage to property.
the Cost of the Work for the purpose of determining
CONTRACTOR’s fee. 5. Other overhead or general expense costs
of any kind and the costs of any item not
g. The cost of utilities, fuel, and sanitary specifically and expressly included in paragraphs
facilities at the Site. 11.01.A and 11.01.B.
h. Minor expenses such as telegrams, long C. CONTRACTOR’s Fee: When all the Work is
distance telephone calls, telephone service at the performed on the basis of cost-plus, CONTRACTOR’s fee
Site, expressage, and similar petty cash items in shall be determined as set forth in the Agreement. When
connection with the Work. the value of any Work covered by a Change Order or when
a Claim for an adjustment in Contract Price is determined
i. When the Cost of the Work is used to on the basis of Cost of the Work, CONTRACTOR’s fee
determine the value of a Change Order or of a shall be determined as set forth in paragraph 12.01.C.
Claim, the cost of premiums for additional Bonds
and insurance required because of the changes in the D. Documentation: Whenever the Cost of the Work
Work or caused by the event giving rise to the for any purpose is to be determined pursuant to paragraphs
Claim. 11.01.A and 11.01.B, CONTRACTOR will establish and
maintain records thereof in accordance with generally
j. When all the Work is performed on the basis accepted accounting practices and submit in a form
of cost-plus, the costs of premiums for all Bonds acceptable to ENGINEER an itemized cost breakdown
and insurance CONTRACTOR is required by the together with supporting data.
Contract Documents to purchase and maintain. 11.02 Cash Allowances
B. Costs Excluded: The term Cost of the Work shall A. It is understood that CONTRACTOR has includ-
not include any of the following items: ed in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
1. Payroll costs and other compensation of to be performed for such sums as may be acceptable to
CONTRACTOR’s officers, executives, principals OWNER and ENGINEER. CONTRACTOR agrees that:
General Conditions Page 00700-32
3. if CONTRACTOR believes that
1. the allowances include the cost to CONTRACTOR is entitled to an increase in
CONTRACTOR (less any applicable trade Contract Price as a result of having incurred addi-
discounts) of materials and equipment required by tional expense or OWNER believes that OWNER is
the allowances to be delivered at the Site, and all entitled to a decrease in Contract Price and the
applicable taxes; and parties are unable to agree as to the amount of any
such increase or decrease.
2. CONTRACTOR’s costs for unloading
and handling on the Site, labor, installation costs,
overhead, profit, and other expenses contemplated ARTICLE 12 - CHANGE OF CONTRACT PRICE;
for the allowances have been included in the CHANGE OF CONTRACT TIMES
Contract Price and not in the allowances, and no ______________________________________________
demand for additional payment on account of any of
the foregoing will be valid. 12.01 Change of Contract Price
B. Prior to final payment, an appropriate Change A. The Contract Price may only be changed by a
Order will be issued as recommended by ENGINEER to Change Order or by a Written Amendment. Any Claim for
reflect actual amounts due CONTRACTOR on account of an adjustment in the Contract Price shall be based on
Work covered by allowances, and the Contract Price shall written notice submitted by the party making the Claim to
be correspondingly adjusted. the ENGINEER and the other party to the Contract in
accordance with the provisions of paragraph 10.05.
11.03 Unit Price Work
B. The value of any Work covered by a Change
A. Where the Contract Documents provide that all or Order or of any Claim for an adjustment in the Contract
part of the Work is to be Unit Price Work, initially the Price will be determined as follows:
Contract Price will be deemed to include for all Unit Price
Work an amount equal to the sum of the unit price for each 1. where the Work involved is covered by
separately identified item of Unit Price Work times the unit prices contained in the Contract Documents, by
estimated quantity of each item as indicated in the application of such unit prices to the quantities of
Agreement. The estimated quantities of items of Unit Price the items involved (subject to the provisions of
Work are not guaranteed and are solely for the purpose of paragraph 11.03 ); or
comparison of Bids and determining an initial Contract
Price. Determinations of the actual quantities and 2. where the Work involved is not covered
classifications of Unit Price Work performed by by unit prices contained in the Contract Documents,
CONTRACTOR will be made by ENGINEER subject to by a mutually agreed lump sum (which may include
the provisions of paragraph 9.08. an allowance for overhead and profit not necessarily
in accordance with paragraph 12.01.C.2); or
B. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to 3. where the Work involved is not covered
cover CONTRACTOR’s overhead and profit for each by unit prices contained in the Contract Documents
separately identified item. and agreement to a lump sum is not reached under
paragraph 12.01.B.2, on the basis of the Cost of the
SEE SUPLEMENTARY CONDITIONS (SECTION 00800) Work (determined as provided in paragraph 11.01)
plus a CONTRACTOR’s fee for overhead and
C. OWNER or CONTRACTOR may make a Claim profit (determined as provided in paragraph
for an adjustment in the Contract Price in accordance with 12.01.C).
paragraph 10.05 if:
C. CONTRACTOR’s Fee: The CONTRACTOR’s
1. the quantity of any item of Unit Price fee for overhead and profit shall be determined as follows:
Work performed by CONTRACTOR differs
materially and significantly from the estimated 1. a mutually acceptable fixed fee; or
quantity of such item indicated in the Agreement;
and 2. if a fixed fee is not agreed upon, then a
fee based on the following percentages of the
2. there is no corresponding adjustment various portions of the Cost of the Work:
with respect any other item of Work; and
General Conditions Page 00700-33
a. for costs incurred under paragraphs A. Where CONTRACTOR is prevented from
11.01.A.1 and 11.01.A.2, the CONTRACTOR’s completing any part of the Work within the Contract Times
fee shall be 15 percent; (or Milestones) due to delay beyond the control of
CONTRACTOR, the Contract Times (or Milestones) will
b. for costs incurred under paragraph be extended in an amount equal to the time lost due to such
11.01.A.3, the CONTRACTOR’s fee shall be delay if a Claim is made therefore as provided in paragraph
five percent; 12.02.A. Delays beyond the control of CONTRACTOR
shall include, but not be limited to, acts or neglect by
c. where one or more tiers of subcon- OWNER, acts or neglect of utility owners or other
tracts are on the basis of Cost of the Work plus a contractors performing other work as contemplated by
fee and no fixed fee is agreed upon, the intent of Article 7, fires, floods, epidemics, abnormal weather
paragraph 12.01.C.2.a is that the Subcontractor conditions, or acts of God.
who actually performs the Work, at whatever
tier, will be paid a fee of 15 percent of the costs 12.04 Delays Within CONTRACTOR’s Control
incurred by such Subcontractor under
paragraphs 11.01.A.1 and 11.01.A.2 and that A. The Contract Times (or Milestones) will not be
any higher tier Subcontractor and CON- extended due to delays within the control of
TRACTOR will each be paid a fee of five CONTRACTOR. Delays attributable to and within the
percent of the amount paid to the next lower tier control of a Subcontractor or Supplier shall be deemed to
Subcontractor; be delays within the control of CONTRACTOR.
d. no fee shall be payable on the basis of 12.05 Delays Beyond OWNER’s and CONTRACTOR’s
costs itemized under paragraphs 11.01.A.4, Control
11.01.A.5, and 11.01.B;
A. Where CONTRACTOR is prevented from
e. the amount of credit to be allowed by completing any part of the Work within the Contract Times
CONTRACTOR to OWNER for any change (or Milestones) due to delay beyond the control of both
which results in a net decrease in cost will be the OWNER and CONTRACTOR, an extension of the
amount of the actual net decrease in cost plus a Contract Times (or Milestones) in an amount equal to the
deduction in CONTRACTOR’s fee by an time lost due to such delay shall be CONTRACTOR’s sole
amount equal to five percent of such net and exclusive remedy for such delay.
decrease; and
12.06 Delay Damages
f. when both additions and credits are in-
volved in any one change, the adjustment in A. In no event shall OWNER or ENGINEER be
CONTRACTOR’s fee shall be computed on the liable to CONTRACTOR, any Subcontractor, any Supplier,
basis of the net change in accordance with or any other person or organization, or to any surety for or
paragraphs 12.01.C.2.a through 12.01.C.2.e, employee or agent of any of them, for damages arising out
inclusive. of or resulting from:
12.02 Change of Contract Times 1. delays caused by or within the control of
CONTRACTOR; or
A. The Contract Times (or Milestones) may only be
changed by a Change Order or by a Written Amendment. 2. delays beyond the control of both
Any Claim for an adjustment in the Contract Times (or OWNER and CONTRACTOR including but not
Milestones) shall be based on written notice submitted by limited to fires, floods, epidemics, abnormal
the party making the claim to the ENGINEER and the other weather conditions, acts of God, or acts or neglect
party to the Contract in accordance with the provisions of by utility owners or other contractors performing
paragraph 10.05. other work as contemplated by Article 7.
B. Any adjustment of the Contract Times (or B. Nothing in this paragraph 12.06 bars a change in
Milestones) covered by a Change Order or of any Claim for Contract Price pursuant to this Article 12 to compensate
an adjustment in the Contract Times (or Milestones) will be CONTRACTOR due to delay, interference, or disruption
determined in accordance with the provisions of this directly attributable to actions or inactions of OWNER or
Article 12. anyone for whom OWNER is responsible.
12.03 Delays Beyond CONTRACTOR’s Control
General Conditions Page 00700-34
ARTICLE 13 - TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF D. CONTRACTOR shall be responsible for
DEFECTIVE WORK arranging and obtaining and shall pay all costs in
______________________________________________ connection with any inspections, tests, or approvals
required for OWNER’s and ENGINEER’s acceptance of
13.01 Notice of Defects materials or equipment to be incorporated in the Work; or
acceptance of materials, mix designs, or equipment
A. Prompt notice of all defective Work of which submitted for approval prior to CONTRACTOR’s purchase
OWNER or ENGINEER has actual knowledge will be thereof for incorporation in the Work. Such inspections,
given to CONTRACTOR. All defective Work may be tests, or approvals shall be performed by organizations
rejected, corrected, or accepted as provided in this acceptable to OWNER and ENGINEER.
Article 13.
E. If any Work (or the work of others) that is to be
13.02 Access to Work inspected, tested, or approved is covered by CONTRAC-
TOR without written concurrence of ENGINEER, it must,
A. OWNER, ENGINEER, ENGINEER’s Con- if requested by ENGINEER, be uncovered for observation.
sultants, other representatives and personnel of OWNER,
independent testing laboratories, and governmental F. Uncovering Work as provided in paragraph
agencies with jurisdictional interests will have access to the 13.03.E shall be at CONTRACTOR’s expense unless
Site and the Work at reasonable times for their observation, CONTRACTOR has given ENGINEER timely notice of
inspecting, and testing. CONTRACTOR shall provide CONTRACTOR’s intention to cover the same and
them proper and safe conditions for such access and advise ENGINEER has not acted with reasonable promptness in
them of CONTRACTOR’s Site safety procedures and response to such notice.
programs so that they may comply therewith as applicable.
13.04 Uncovering Work
13.03 Tests and Inspections
A. If any Work is covered contrary to the written
SEE SUPLEMENTARY CONDITIONS (SECTION 00800) request of ENGINEER, it must, if requested by ENGI-
NEER, be uncovered for ENGINEER’s observation and
A. CONTRACTOR shall give ENGINEER timely replaced at CONTRACTOR’s expense.
notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and B. If ENGINEER considers it necessary or advisable
testing personnel to facilitate required inspections or tests. that covered Work be observed by ENGINEER or
inspected or tested by others, CONTRACTOR, at
B. OWNER shall employ and pay for the services of ENGINEER’s request, shall uncover, expose, or otherwise
an independent testing laboratory to perform all make available for observation, inspection, or testing as
inspections, tests, or approvals required by the Contract ENGINEER may require, that portion of the Work in
Documents except: question, furnishing all necessary labor, material, and
equipment. If it is found that such Work is defective,
1. for inspections, tests, or approvals CONTRACTOR shall pay all Claims, costs, losses, and
covered by paragraphs 13.03.C and 13.03.D below; damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other professionals
2. that costs incurred in connection with and all court or arbitration or other dispute resolution costs)
tests or inspections conducted pursuant to paragraph arising out of or relating to such uncovering, exposure,
13.04.B shall be paid as provided in said paragraph observation, inspection, and testing, and of satisfactory
13.04.B; and replacement or reconstruction (including but not limited to
all costs of repair or replacement of work of others); and
3. as otherwise specifically provided in the OWNER shall be entitled to an appropriate decrease in the
Contract Documents. Contract Price. If the parties are unable to agree as to the
amount thereof, OWNER may make a Claim therefor as
C. If Laws or Regulations of any public body having provided in paragraph 10.05. If, however, such Work is not
jurisdiction require any Work (or part thereof) specifically found to be defective, CONTRACTOR shall be allowed an
to be inspected, tested, or approved by an employee or increase in the Contract Price or an extension of the
other representative of such public body, CONTRACTOR Contract Times (or Milestones), or both, directly attribut-
shall assume full responsibility for arranging and obtaining able to such uncovering, exposure, observation, inspection,
such inspections, tests, or approvals, pay all costs in testing, replacement, and reconstruction. If the parties are
connection therewith, and furnish ENGINEER the required unable to agree as to the amount or extent thereof,
certificates of inspection or approval.
General Conditions Page 00700-35
CONTRACTOR may make a Claim therefore as provided and charges of engineers, architects, attorneys, and other
in paragraph 10.05. professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such correction
13.05 OWNER May Stop the Work or repair or such removal and replacement (including but
not limited to all costs of repair or replacement of work of
A. If the Work is defective, or CONTRACTOR fails others) will be paid by CONTRACTOR.
to supply sufficient skilled workers or suitable materials or
equipment, or fails to perform the Work in such a way that B. In special circumstances where a particular item of
the completed Work will conform to the Contract equipment is placed in continuous service before
Documents, OWNER may order CONTRACTOR to stop Substantial Completion of all the Work, the correction
the Work, or any portion thereof, until the cause for such period for that item may start to run from an earlier date if
order has been eliminated; however, this right of OWNER so provided in the Specifications or by Written
to stop the Work shall not give rise to any duty on the part Amendment.
of OWNER to exercise this right for the benefit of
CONTRACTOR, any Subcontractor, any Supplier, any C. Where defective Work (and damage to other
other individual or entity, or any surety for, or employee or Work resulting there from) has been corrected or removed
agent of any of them. and replaced under this paragraph 13.07, the correction
period hereunder with respect to such Work will be
13.06 Correction or Removal of Defective Work extended for an additional period of one year after such
correction or removal and replacement has been
A. CONTRACTOR shall correct all defective Work, satisfactorily completed.
whether or not fabricated, installed, or completed, or, if the
Work has been rejected by ENGINEER, remove it from the D. CONTRACTOR’s obligations under this
Project and replace it with Work that is not defective. paragraph 13.07 are in addition to any other obligation or
CONTRACTOR shall pay all Claims, costs, losses, and warranty. The provisions of this paragraph 13.07 shall not
damages (including but not limited to all fees and charges be construed as a substitute for or a waiver of the
of engineers, architects, attorneys, and other professionals provisions of any applicable statute of limitation or repose.
and all court or arbitration or other dispute resolution costs)
arising out of or relating to such correction or removal 13.08 Acceptance of Defective Work
(including but not limited to all costs of repair or
replacement of work of others). A. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to
13.07 Correction Period ENGINEER’s recommendation of final payment,
ENGINEER) prefers to accept it, OWNER may do so.
A. If within one year after the date of Substantial CONTRACTOR shall pay all Claims, costs, losses, and
Completion or such longer period of time as may be damages (including but not limited to all fees and charges
prescribed by Laws or Regulations or by the terms of any of engineers, architects, attorneys, and other professionals
applicable special guarantee required by the Contract and all court or arbitration or other dispute resolution costs)
Documents or by any specific provision of the Contract attributable to OWNER’s evaluation of and determination
Documents, any Work is found to be defective, or if the to accept such defective Work (such costs to be approved
repair of any damages to the land or areas made available by ENGINEER as to reasonableness) and the diminished
for CONTRACTOR’s use by OWNER or permitted by value of the Work to the extent not otherwise paid by
Laws and Regulations as contemplated in paragraph 6.11.A CONTRACTOR pursuant to this sentence. If any such
is found to be defective, CONTRACTOR shall promptly, acceptance occurs prior to ENGINEER’s recommendation
without cost to OWNER and in accordance with of final payment, a Change Order will be issued
OWNER’s written instructions: (i) repair such defective incorporating the necessary revisions in the Contract
land or areas, or (ii) correct such defective Work or, if the Documents with respect to the Work, and OWNER shall be
defective Work has been rejected by OWNER, remove it entitled to an appropriate decrease in the Contract Price,
from the Project and replace it with Work that is not reflecting the diminished value of Work so accepted. If the
defective, and (iii) satisfactorily correct or repair or remove parties are unable to agree as to the amount thereof,
and replace any damage to other Work, to the work of OWNER may make a Claim therefore as provided in
others or other land or areas resulting there from. If paragraph 10.05. If the acceptance occurs after such
CONTRACTOR does not promptly comply with the terms recommendation, an appropriate amount will be paid by
of such instructions, or in an emergency where delay would CONTRACTOR to OWNER.
cause serious risk of loss or damage, OWNER may have
the defective Work corrected or repaired or may have the 13.09 OWNER May Correct Defective Work
rejected Work removed and replaced, and all Claims, costs,
losses, and damages (including but not limited to all fees
General Conditions Page 00700-36
A. If CONTRACTOR fails within a reasonable time ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
after written notice from ENGINEER to correct defective COMPLETION
Work or to remove and replace rejected Work as required ______________________________________________
by ENGINEER in accordance with paragraph 13.06.A, or
if CONTRACTOR fails to perform the Work in accordance 14.01 Schedule of Values
with the Contract Documents, or if CONTRACTOR fails to
comply with any other provision of the Contract A. The schedule of values established as provided in
Documents, OWNER may, after seven days written notice paragraph 2.07.A will serve as the basis for progress
to CONTRACTOR, correct and remedy any such payments and will be incorporated into a form of Applica-
deficiency. tion for Payment acceptable to ENGINEER. Progress
payments on account of Unit Price Work will be based on
B. In exercising the rights and remedies under this the number of units completed.
paragraph, OWNER shall proceed expeditiously. In
connection with such corrective and remedial action, 14.02 Progress Payments
OWNER may exclude CONTRACTOR from all or part of
the Site, take possession of all or part of the Work and A. Applications for Payments
suspend CONTRACTOR’s services related thereto, take
possession of CONTRACTOR’s tools, appliances, con- 1. At least 20 days before the date estab-
struction equipment and machinery at the Site, and lished for each progress payment (but not more
incorporate in the Work all materials and equipment stored often than once a month), CONTRACTOR shall
at the Site or for which OWNER has paid CONTRACTOR submit to ENGINEER for review an Application for
but which are stored elsewhere. CONTRACTOR shall Payment filled out and signed by CONTRACTOR
allow OWNER, OWNER’s representatives, agents and covering the Work completed as of the date of the
employees, OWNER’s other contractors, and ENGINEER Application and accompanied by such supporting
and ENGINEER’s Consultants access to the Site to enable documentation as is required by the Contract
OWNER to exercise the rights and remedies under this Documents. If payment is requested on the basis of
paragraph. materials and equipment not incorporated in the
Work but delivered and suitably stored at the Site or
C. All Claims, costs, losses, and damages (including at another location agreed to in writing, the
but not limited to all fees and charges of engineers, Application for Payment shall also be accompanied
architects, attorneys, and other professionals and all court by a bill of sale, invoice, or other documentation
or arbitration or other dispute resolution costs) incurred or warranting that OWNER has received the materials
sustained by OWNER in exercising the rights and remedies and equipment free and clear of all Liens and
under this paragraph 13.09 will be charged against evidence that the materials and equipment are
CONTRACTOR, and a Change Order will be issued covered by appropriate property insurance or other
incorporating the necessary revisions in the Contract arrangements to protect OWNER’s interest therein,
Documents with respect to the Work; and OWNER shall be all of which must be satisfactory to OWNER.
entitled to an appropriate decrease in the Contract Price. If
the parties are unable to agree as to the amount of the 2. Beginning with the second Application
adjustment, OWNER may make a Claim therefore as for Payment, each Application shall include an
provided in paragraph 10.05. Such claims, costs, losses affidavit of CONTRACTOR stating that all
and damages will include but not be limited to all costs of previous progress payments received on account of
repair, or replacement of work of others destroyed or the Work have been applied on account to discharge
damaged by correction, removal, or replacement of CONTRACTOR’s legitimate obligations associated
CONTRACTOR’s defective Work. with prior Applications for Payment.
D. CONTRACTOR shall not be allowed an exten- 3. The amount of retainage with respect to
sion of the Contract Times (or Milestones) because of any pro-gress payments will be as stipulated in the
delay in the performance of the Work attributable to the Agreement.
exercise by OWNER of OWNER’s rights and remedies
under this paragraph 13.09. B. Review of Applications
1. ENGINEER will, within 10 days after
receipt of each Application for Payment, either
indicate in writing a recommendation of payment
and present the Application to OWNER or return
the Application to CONTRACTOR indicating in
writing ENGINEER’s reasons for refusing to
General Conditions Page 00700-37
recommend payment. In the latter case, CON- Regulations applicable to CONTRACTOR’s
TRACTOR may make the necessary corrections performance of the Work. Additionally, said review
and resubmit the Application. or recommendation will not impose responsibility
on ENGINEER to make any examination to
2. ENGINEER’s recommendation of any ascertain how or for what purposes
payment requested in an Application for Payment CONTRACTOR has used the moneys paid on
will constitute a representation by ENGINEER to account of the Contract Price, or to determine that
OWNER, based on ENGINEER’s observations on title to any of the Work, materials, or equipment has
the Site of the executed Work as an experienced and passed to OWNER free and clear of any Liens.
qualified design professional and on ENGINEER's
review of the Application for Payment and the SEE ALSO SUPLEMENTARY CONDITIONS
accompanying data and schedules, that to the best of (SECTION 00800)
ENGINEER’s knowledge, information and belief:
5. ENGINEER may refuse to recommend
a. the Work has progressed to the point the whole or any part of any payment if, in
indicated; ENGINEER’s opinion, it would be incorrect to
make the representations to OWNER referred to in
b. the quality of the Work is generally in paragraph 14.02.B.2. ENGINEER may also refuse
accordance with the Contract Documents to recommend any such payment or, because of
(subject to an evaluation of the Work as a subsequently discovered evidence or the results of
functioning whole prior to or upon Substantial subsequent inspections or tests, revise or revoke any
Completion, to the results of any subsequent such payment recommendation previously made, to
tests called for in the Contract Documents, to a such extent as may be necessary in ENGINEER’s
final determination of quantities and opinion to protect OWNER from loss because:
classifications for Unit Price Work under
paragraph 9.08, and to any other qualifications a. the Work is defective, or completed
stated in the recommendation); and Work has been damaged, requiring correction or
replacement;
c. the conditions precedent to
CONTRACTOR’s being entitled to such pay- b. the Contract Price has been reduced by
ment appear to have been fulfilled in so far as it Written Amendment or Change Orders;
is ENGINEER’s responsibility to observe the
Work. c. OWNER has been required to correct
defective Work or complete Work in accordance
3. By recommending any such payment with paragraph 13.09; or
ENGINEER will not thereby be deemed to have
represented that: (i) inspections made to check the d. ENGINEER has actual knowledge of the
quality or the quantity of the Work as it has been occurrence of any of the events enumerated in
performed have been exhaustive, extended to every paragraph 15.02.A.
aspect of the Work in progress, or involved detailed
inspections of the Work beyond the responsibilities C. Payment Becomes Due
specifically assigned to ENGINEER in the Contract
Documents; or (ii) that there may not be other 1. Ten days after presentation of the
matters or issues between the parties that might Application for Payment to OWNER with
entitle CONTRACTOR to be paid additionally by ENGINEER’s recommendation, the amount recom-
OWNER or entitle OWNER to withhold payment to mended will (subject to the provisions of paragraph
CONTRACTOR. 14.02.D) become due, and when due will be paid by
OWNER to CONTRACTOR.
4. Neither ENGINEER’s review of
CONTRACTOR’s Work for the purposes of D. Reduction in Payment
recommending payments nor ENGINEER’s
recommendation of any payment, including final 1. OWNER may refuse to make payment of
payment, will impose responsibility on ENGINEER the full amount recommended by ENGINEER
to supervise, direct, or control the Work or for the because:
means, methods, techniques, sequences, or
procedures of construction, or the safety precautions a. claims have been made against OWNER
and programs incident thereto, or for on account of CONTRACTOR’s performance
CONTRACTOR’s failure to comply with Laws and or furnishing of the Work;
General Conditions Page 00700-38
attached to the certificate a tentative list of items to be
b. Liens have been filed in connection with completed or corrected before final payment. OWNER
the Work, except where CONTRACTOR has shall have seven days after receipt of the tentative
delivered a specific Bond satisfactory to OWN- certificate during which to make written objection to
ER to secure the satisfaction and discharge of ENGINEER as to any provisions of the certificate or
such Liens; attached list. If, after considering such objections,
ENGINEER concludes that the Work is not substantially
c. there are other items entitling OWNER complete, ENGINEER will within 14 days after submission
to a set off against the amount recommended; or of the tentative certificate to OWNER notify
CONTRACTOR in writing, stating the reasons therefore.
d. OWNER has actual knowledge of the If, after consideration of OWNER’s objections,
occurrence of any of the events enumerated in ENGINEER considers the Work substantially complete,
paragraphs 14.02.B.5.a through 14.02.B.5.c or ENGINEER will within said 14 days execute and deliver to
paragraph 15.02.A. OWNER and CONTRACTOR a definitive certificate of
Substantial Completion (with a revised tentative list of
2. If OWNER refuses to make payment of items to be completed or corrected) reflecting such changes
the full amount recommended by ENGINEER, from the tentative certificate as ENGINEER believes
OWNER must give CONTRACTOR immediate justified after consideration of any objections from
written notice (with a copy to ENGINEER) stating OWNER. At the time of delivery of the tentative certificate
the reasons for such action and promptly pay of Substantial Completion ENGINEER will deliver to
CONTRACTOR any amount remaining after OWNER and CONTRACTOR a written recommendation
deduction of the amount so withheld. OWNER as to division of responsibilities pending final payment
shall promptly pay CONTRACTOR the amount so between OWNER and CONTRACTOR with respect to
withheld, or any adjustment thereto agreed to by security, operation, safety, and protection of the Work,
OWNER and CONTRACTOR, when maintenance, heat, utilities, insurance, and warranties and
CONTRACTOR corrects to OWNER’s satisfaction guarantees. Unless OWNER and CONTRACTOR agree
the reasons for such action. otherwise in writing and so inform ENGINEER in writing
prior to ENGINEER’s issuing the definitive certificate of
3. If it is subsequently determined that Substantial Completion, ENGINEER’s aforesaid recom-
OWNER’s refusal of payment was not justified, the mendation will be binding on OWNER and CONTRAC-
amount wrongfully withheld shall be treated as an TOR until final payment.
amount due as determined by paragraph 14.02.C.1.
B. OWNER shall have the right to exclude
14.03 CONTRACTOR’s Warranty of Title CONTRACTOR from the Site after the date of Substantial
Completion, but OWNER shall allow CONTRACTOR
A. CONTRACTOR warrants and guarantees that title reasonable access to complete or correct items on the
to all Work, materials, and equipment covered by any tentative list.
Application for Payment, whether incorporated in the
Project or not, will pass to OWNER no later than the time 14.05 Partial Utilization
of payment free and clear of all Liens.
A. Use by OWNER at OWNER’s option of any
14.04 Substantial Completion substantially completed part of the Work which has
specifically been identified in the Contract Documents, or
A. When CONTRACTOR considers the entire Work which OWNER, ENGINEER, and CONTRACTOR agree
ready for its intended use CONTRACTOR shall notify constitutes a separately functioning and usable part of the
OWNER and ENGINEER in writing that the entire Work Work that can be used by OWNER for its intended purpose
is substantially complete (except for items specifically without significant interference with CONTRACTOR’s
listed by CONTRACTOR as incomplete) and request that performance of the remainder of the Work, may be
ENGINEER issue a certificate of Substantial Completion. accomplished prior to Substantial Completion of all the
Promptly thereafter, OWNER, CONTRACTOR, and Work subject to the following conditions.
ENGINEER shall make an inspection of the Work to
determine the status of completion. If ENGINEER does 1. OWNER at any time may request CON-
not consider the Work substantially complete, ENGINEER TRACTOR in writing to permit OWNER to use any
will notify CONTRACTOR in writing giving the reasons such part of the Work which OWNER believes to
therefore. If ENGINEER considers the Work substantially be ready for its intended use and substantially
complete, ENGINEER will prepare and deliver to OWNER complete. If CONTRACTOR agrees that such part
a tentative certificate of Substantial Completion which shall of the Work is substantially complete,
fix the date of Substantial Completion. There shall be CONTRACTOR will certify to OWNER and
General Conditions Page 00700-39
ENGINEER that such part of the Work is application for final payment following the
substantially complete and request ENGINEER to procedure for progress payments.
issue a certificate of Substantial Completion for that
part of the Work. CONTRACTOR at any time may 2. The final Application for Payment shall
notify OWNER and ENGINEER in writing that be accompanied (except as previously delivered) by:
CONTRACTOR considers any such part of the (i) all documentation called for in the Contract
Work ready for its intended use and substantially Documents, including but not limited to the
complete and request ENGINEER to issue a evidence of insurance required by subparagraph
certificate of Substantial Completion for that part of 5.04.B.7; (ii) consent of the surety, if any, to final
the Work. Within a reasonable time after either payment; and (iii) complete and legally effective
such request, OWNER, CONTRACTOR, and releases or waivers (satisfactory to OWNER) of all
ENGINEER shall make an inspection of that part of Lien rights arising out of or Liens filed in
the Work to determine its status of completion. If connection with the Work.
ENGINEER does not consider that part of the Work
to be substantially complete, ENGINEER will 3. In lieu of the releases or waivers of Liens
notify OWNER and CONTRACTOR in writing specified in paragraph 14.07.A.2 and as approved
giving the reasons therefore. If ENGINEER by OWNER, CONTRACTOR may furnish receipts
considers that part of the Work to be substantially or releases in full and an affidavit of
complete, the provisions of paragraph 14.04 will CONTRACTOR that: (i) the releases and receipts
apply with respect to certification of Substantial include all labor, services, material, and equipment
Completion of that part of the Work and the for which a Lien could be filed; and (ii) all payrolls,
division of responsibility in respect thereof and material and equipment bills, and other indebtedness
access thereto. connected with the Work for which OWNER or
OWNER's property might in any way be
SEE SUPLEMENTARY CONDITIONS (SECTION responsible have been paid or otherwise satisfied. If
00800) any Subcontractor or Supplier fails to furnish such a
release or receipt in full, CONTRACTOR may
2. No occupancy or separate operation of furnish a Bond or other collateral satisfactory to
part of the Work may occur prior to compliance OWNER to indemnify OWNER against any Lien.
with the requirements of paragraph 5.10 regarding
property insurance. B. Review of Application and Acceptance
14.06 Final Inspection 1. If, on the basis of ENGINEER’s obser-
vation of the Work during construction and final
A. Upon written notice from CONTRACTOR that inspection, and ENGINEER’s review of the final
the entire Work or an agreed portion thereof is complete, Application for Payment and accompanying docu-
ENGINEER will promptly make a final inspection with mentation as required by the Contract Documents,
OWNER and CONTRACTOR and will notify CON- ENGINEER is satisfied that the Work has been
TRACTOR in writing of all particulars in which this completed and CONTRACTOR’s other obligations
inspection reveals that the Work is incomplete or defective. under the Contract Documents have been fulfilled,
CONTRACTOR shall immediately take such measures as ENGINEER will, within ten days after receipt of the
are necessary to complete such Work or remedy such final Application for Payment, indicate in writing
deficiencies. ENGINEER’s recommendation of payment and
present the Application for Payment to OWNER for
14.07 Final Payment payment. At the same time ENGINEER will also
give written notice to OWNER and CON-
A. Application for Payment TRACTOR that the Work is acceptable subject to
the provisions of paragraph 14.09. Otherwise,
1. After CONTRACTOR has, in the ENGINEER will return the Application for
opinion of ENGINEER, satisfactorily completed all Payment to CONTRACTOR, indicating in writing
corrections identified during the final inspection and the reasons for refusing to recommend final
has delivered, in accordance with the Contract payment, in which case CONTRACTOR shall make
Documents, all maintenance and operating the necessary corrections and resubmit the
instructions, schedules, guarantees, Bonds, Application for Payment.
certificates or other evidence of insurance
certificates of inspection, marked-up record
documents (as provided in paragraph 6.12), and
other documents, CONTRACTOR may make
General Conditions Page 00700-40
C. Payment Becomes Due more than 90 consecutive days by notice in writing to
CONTRACTOR and ENGINEER which will fix the date
1. Thirty days after the presentation to on which Work will be resumed. CONTRACTOR shall
OWNER of the Application for Payment and resume the Work on the date so fixed. CONTRACTOR
accompanying documentation, the amount shall be allowed an adjustment in the Contract Price or an
recommended by ENGINEER will become due and, extension of the Contract Times, or both, directly
when due, will be paid by OWNER to CON- attributable to any such suspension if CONTRACTOR
TRACTOR. makes a Claim therefor as provided in paragraph 10.05.
14.08 Final Completion Delayed 15.02 OWNER May Terminate for Cause
A. If, through no fault of CONTRACTOR, final A. The occurrence of any one or more of the
completion of the Work is significantly delayed, and if following events will justify termination for cause:
ENGINEER so confirms, OWNER shall, upon receipt of
CONTRACTOR’s final Application for Payment and 1. CONTRACTOR’s persistent failure to
recommendation of ENGINEER, and without terminating perform the Work in accordance with the Contract
the Agreement, make payment of the balance due for that Documents (including, but not limited to, failure to
portion of the Work fully completed and accepted. If the supply sufficient skilled workers or suitable materi-
remaining balance to be held by OWNER for Work not als or equipment or failure to adhere to the progress
fully completed or corrected is less than the retainage schedule established under paragraph 2.07 as
stipulated in the Agreement, and if Bonds have been adjusted from time to time pursuant to paragraph
furnished as required in paragraph 5.01, the written consent 6.04);
of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be 2. CONTRACTOR’s disregard of Laws or
submitted by CONTRACTOR to ENGINEER with the Regulations of any public body having jurisdiction;
Application for such payment. Such payment shall be
made under the terms and conditions governing final 3. CONTRACTOR’s disregard of the
payment, except that it shall not constitute a waiver of authority of ENGINEER; or
Claims.
4. CONTRACTOR’s violation in any
14.09 Waiver of Claims substantial way of any provisions of the Contract
Documents.
A. The making and acceptance of final payment will
constitute: B. If one or more of the events identified in
paragraph 15.02.A occur, OWNER may, after giving
1. a waiver of all Claims by OWNER CONTRACTOR (and the surety, if any) seven days written
against CONTRACTOR, except Claims arising notice, terminate the services of CONTRACTOR, exclude
from unsettled Liens, from defective Work CONTRACTOR from the Site, and take possession of the
appearing after final inspection pursuant to Work and of all CONTRACTOR’s tools, appliances, con-
paragraph 14.06, from failure to comply with the struction equipment, and machinery at the Site, and use the
Contract Documents or the terms of any special same to the full extent they could be used by
guarantees specified therein, or from CONTRACTOR (without liability to CONTRACTOR for
CONTRACTOR’s continuing obligations under the trespass or conversion), incorporate in the Work all
Contract Documents; and materials and equipment stored at the Site or for which
OWNER has paid CONTRACTOR but which are stored
2. a waiver of all Claims by CONTRAC- elsewhere, and finish the Work as OWNER may deem
TOR against OWNER other than those previously expedient. In such case, CONTRACTOR shall not be
made in writing which are still unsettled. 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 (including
ARTICLE 15 - SUSPENSION OF WORK AND but not limited to all fees and charges of engineers,
TERMINATION architects, attorneys, and other professionals and all court
______________________________________________ or arbitration or other dispute resolution costs) sustained by
OWNER arising out of or relating to completing the Work,
15.01 OWNER May Suspend Work such excess will be paid to CONTRACTOR. If such
claims, costs, losses, and damages exceed such unpaid
A. At any time and without cause, OWNER may balance, CONTRACTOR shall pay the difference to
suspend the Work or any portion thereof for a period of not OWNER. Such claims, costs, losses, and damages incurred
General Conditions Page 00700-41
by OWNER will be reviewed by ENGINEER as to their fails for 30 days to pay CONTRACTOR any sum finally
reasonableness and, when so approved by ENGINEER, determined to be due, then CONTRACTOR may, upon
incorporated in a Change Order. When exercising any seven days written notice to OWNER and ENGINEER,
rights or remedies under this paragraph OWNER shall not and provided OWNER or ENGINEER do not remedy such
be required to obtain the lowest price for the Work suspension or failure within that time, terminate the
performed. Contract and recover from OWNER payment on the same
terms as provided in paragraph 15.03. In lieu of
C. Where CONTRACTOR’s services have been so terminating the Contract and without prejudice to any other
terminated by OWNER, the termination will not affect any right or remedy, if ENGINEER has failed to act on an
rights or remedies of OWNER against CONTRACTOR Application for Payment within 30 days after it is
then existing or which may thereafter accrue. Any submitted, or OWNER has failed for 30 days to pay
retention or payment of moneys due CONTRACTOR by CONTRACTOR any sum finally determined to be due,
OWNER will not release CONTRACTOR from liability. CONTRACTOR may, seven days after written notice to
OWNER and ENGINEER, stop the Work until payment is
15.03 OWNER May Terminate For Convenience made of all such amounts due CONTRACTOR, including
interest thereon. The provisions of this paragraph 15.04 are
A. Upon seven days written notice to CON- not intended to preclude CONTRACTOR from making a
TRACTOR and ENGINEER, OWNER may, without cause Claim under paragraph 10.05 for an adjustment in Contract
and without prejudice to any other right or remedy of Price or Contract Times or otherwise for expenses or
OWNER, elect to terminate the Contract. In such case, damage directly attributable to CONTRACTOR’s stopping
CONTRACTOR shall be paid (without duplication of any the Work as permitted by this paragraph.
items):
1. for completed and acceptable Work ARTICLE 16 - DISPUTE RESOLUTION
executed in accordance with the Contract Docu- ______________________________________________
ments prior to the effective date of termination,
including fair and reasonable sums for overhead and 16.01 Methods and Procedures
profit on such Work;
A. Dispute resolution methods and procedures, if
2. for expenses sustained prior to the any, shall be as set forth in the Supplementary Conditions.
effective date of termination in performing services If no method and procedure has been set forth, and subject
and furnishing labor, materials, or equipment as to the provisions of paragraphs 9.09 and 10.05, OWNER
required by the Contract Documents in connection and CONTRACTOR may exercise such rights or remedies
with uncompleted Work, plus fair and reasonable as either may otherwise have under the Contract
sums for overhead and profit on such expenses; Documents or by Laws or Regulations in respect of any
dispute.
3. for all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other ARTICLE 17 - MISCELLANEOUS
professionals and all court or arbitration or other ______________________________________________
dispute resolution costs) incurred in settlement of
terminated contracts with Subcontractors, Suppliers, 17.01 Giving Notice
and others; and
A. Whenever any provision of the Contract
4. for reasonable expenses directly Documents requires the giving of written notice, it will be
attributable to termination. 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
B. CONTRACTOR shall not be paid on account of the corporation for whom it is intended, or if delivered at or
loss of anticipated profits or revenue or other economic loss sent by registered or certified mail, postage prepaid, to the
arising out of or resulting from such termination. last business address known to the giver of the notice.
15.04 CONTRACTOR May Stop Work or Terminate 17.02 Computation of Times
A. If, through no act or fault of CONTRACTOR, the A. When any period of time is referred to in the
Work is suspended for more than 90 consecutive days by Contract Documents by days, it will be computed to
OWNER or under an order of court or other public exclude the first and include the last day of such period. If
authority, or ENGINEER fails to act on any Application for the last day of any such period falls on a Saturday or
Payment within 30 days after it is submitted, or OWNER Sunday or on a day made a legal holiday by the law of the
General Conditions Page 00700-42
applicable jurisdiction, such day will be omitted from the
computation.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto 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.
17.04 Survival of Obligations
A. All representations, indemnifications, warranties,
and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all
continuing obligations indicated in the Contract Docu-
ments, will survive final payment, completion, and
acceptance of the Work or termination or completion of the
Agreement.
17.05 Controlling Law
A. This Contract is to be governed by the law of the
state in which the Project is located.
General Conditions Page 00700-43
SECTION 00800
SUPPLEMENTARY CONDITIONS
These Supplementary Conditions amend or supplement the Standard General Conditions of the
Construction Contract (No. 1910-8, 1996 ed.) and other provisions of the Contract Documents as indicated
below. All provisions which are not so amended or supplemented remain in full force and effect.
The terms used in these Supplementary Conditions have the meanings assigned to them in the
General Conditions. Additional terms used in these Supplementary Conditions have the meanings
indicated below, which are applicable to both the singular and plural thereof.
SC-2.02 OWNER shall furnish to CONTRACTOR up to four (4) copies of the Contract Documents
as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon
request, at the cost of reproduction.
SC-2.04 CONTRACTOR shall start to perform the Work on the date when the Contract Time
commences to run, but no Work shall be done at the site prior to the Effective Date of the Agreement.
SC-2.05.C The CONTRACTOR shall furnish the ENGINEER with five (5) copies of Certificates of
Insurance on all required policies of insurance showing limits of liability as specified. All policies must
provide thirty (30) days advance notice to the OWNER and ENGINEER in the event of cancellation,
expiration or alteration. Each certificate shall be accompanied by a notarized statement itemizing each
and every exclusion of the policy. All certificates shall be submitted with the Agreement for execution.
SC-2.06 Within twenty (20) days after the Effective Date of the Agreement, a conference attended
by CONTRACTOR, ENGINEER and others as appropriate may be held to establish a working
understanding among the parties as to the work and to discuss the schedules referred to in paragraph
2.05.B of the General Conditions, procedures for handling Shop Drawings and other submittals, processing
Applications for Payment, and maintaining required records.
SC-2.07 If requested by the OWNER or ENGINEER, at least ten (10) days before submission of
the first Application 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 schedules
submitted in accordance with paragraph 2.05.B of the General Conditions. CONTRACTOR shall have
an additional ten (10) 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 ENGINEER responsibility for the sequencing,
scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's
full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will
be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the
required submittals.
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Contractors schedule of values will be acceptable to Engineer as to form and substance if it provides a
reasonable allocation of the contract price to component parts of the work.
SC-3.01 In the event of a conflict between the various items which make up the Contract
Documents, the following Hierarchy of Documents shall prevail:
1. Contract Change Orders
2. Addenda
3. Special Conditions
4. Agreement
5. Instructions To Bidders
6. Supplementary Conditions
7. General Conditions
8. Technical Specifications
9. Drawings.
SC-4.02 When reports of subsurface explorations and tests at the project site are included in the
Bidding Documents, the CONTRACTOR may rely upon the accuracy of the Technical Data contained in
such reports as per paragraphs 4.02.B of the General Conditions. Information included in such reports
which may be considered Technical Data are: The Boring Method, Plan and Logs, Level of Subsurface
Water, Laboratory Test Methods and Results and Similar Factual Data, all as of the dates made. These
reports are not part of the Contract Documents, but the Technical Data contained therein upon which the
CONTRACTOR is entitled to rely as provided in G.C. 4.02 as identified above are incorporated therein
by reference.
SC-4.03, 4.04 The plans show certain features of the topography and certain underground utilities,
but they do not purport to show in detail all such lines or obstructions. Such topography and notes on the
plans were inserted from records available and are for the CONTRACTOR's convenience only, and shall
not be used as basis for any claims of extra compensation.
All pipes or other underground utilities shall be maintained in continuous service where possible and shall
be properly protected and supported. In no case shall interruptions to utilities be allowed to exist outside
of working hours.
Prior to starting the work, the proper authorities of all utilities shall be notified by the Contractor and the
Contractor shall cooperate in every way possible with these authorities. Whenever necessary to determine
the location of existing pipes, valves or other underground structures, the CONTRACTOR shall examine
all available records and shall make all explorations and excavations necessary for such purpose.
SC-5.01 Add the following new paragraph immediately after paragraph 5.01.C of the General
Conditions:
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Countryview & Bluewater Tanks (2014) 00800-2 Job No. 41-459
D. Prior to commencing work, payment and performance bonds required by this contract shall be filed
in the public records of the county where said is performed pursuant to the requirements of Title
XVIII, Section 255.05, Florida Statutes.
SC-5.04 Add the following new paragraph immediately after paragraph 5.04.B of the General
Conditions:
C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions
shall provide coverage for not less than the following amounts or greater where required by Laws and
Regulations:
1. Workers' Compensation and related coverages under paragraphs 5.04.A.1 and 5.04.A.2 of the
General Conditions:
a.) State: Statutory
b.) Applicable Federal (e.g. Longshoreman's): Statutory
c.) Employer’s Liability $1,000,000
2. CONTRACTOR's Liability Insurance under paragraphs 5.04.A.3 through A.6 of the General
Conditions which shall also include completed operations and product liability coverages and eliminate
the exclusion with respect to property under the care custody and control of the CONTRACTOR:
a.) General Aggregate
(Except Products - Completed Operations) $2,000,000
b.) Products - Completed Operations Aggregate $2,000,000
c.) Personal and Advertising
Injury (Per Person/Organization) $1,000,000
d.) Each Occurrence
(Bodily Injury and Property Damage) $1,000,000
e.) Property Damage Liability Insurance will provide Explosion,
Collapse and Underground coverages where applicable.
f.) Excess Liability
General Aggregate $2,000,000
Each Occurrence $2,000,000
3. Automobile Liability:
a.) Bodily Injury: $1,000,000 Each Person
$1,000,000 Each Accident
b.) Property Damage: $500,000 Each Accident
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Countryview & Bluewater Tanks (2014) 00800-3 Job No. 41-459
OR
c.) Combined Single Limit
(Bodily Injury and Property Damage): $2,000,000 Each Accident
4. In addition to the requirements of Paragraph 5.04.B.1 of the General Conditions concerning
the naming of the Owner, Engineer, and Engineer's consultants as additional insureds under the
CONTRACTOR's General Liability Policy. Also, the CONTRACTOR shall at his expense provide an
OWNER's and CONTRACTOR's Protective Liability Policy issued in the name of the OWNER and
ENGINEER covering the CONTRACTOR's obligations under Paragraph 5.04.B.4 of the General
Conditions. Coverage shall be provided under this policy for not less than the following amounts:
(1) Bodily Injury: $1,000,000 Each Occurrence
(2) Property Damage: $1,000,000 Each Occurrence
$1,000,000 Annual Aggregate
SC-5.07
A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs SC
5.06 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and
all other persons or entities identified in the Supplementary Conditions to be listed as insured or additional
insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors
of each and any of them) in such policies and will provide primary coverage for all losses and damages
caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the
effect that in the event of payment of any loss or damage the insurers will 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, partners, employees, agents and other
consultants and subcontractors of each and any of them 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 individuals or entities identified in the Supplementary Conditions to be listed as
insureds or additional insureds (and the officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them) 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 CONTRACTOR as trustee or otherwise payable under any policy so
issued.
B. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants and the officers, directors, partners, employees and agents and other consultants
and subcontractors of each and any of them, for:
1. loss due to business interruption, loss of use or other consequential loss extending beyond direct
physical loss 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
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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 14.05, after substantial completion
pursuant to paragraph 14.04 or after final payment pursuant to paragraph 14.07.
C. Any insurance policy maintained by CONTRACTOR covering any loss, damage or consequential
loss referred to in this paragraph SC 5.07.B 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
OWNER, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, partners,
employees, agents and other consultants and subcontractors of each and any of them.
SC-6.06.B The CONTRACTOR, or apparent successful Bidder, shall identify Subcontractors,
Suppliers, or other persons or organizations as follows:
1) Prior to the Effective Date of the Agreement, the apparent Successful Bidder shall within
seven (7) days of the receipt of a Written Request from the OWNER or the ENGINEER
identify Subcontractors, Suppliers, or others specifically requested. Should such
identification be required, attention is directed to Article 12 of the Information For Bidders.
2) Within thirty (30) days following the Effective Date of the Agreement, all Subcontractors
shall be identified.
SC-6.06.C OWNER or ENGINEER may furnish to any such Subcontractor, Supplier or other
individual or entity, to the extent practicable, information about amounts paid to CONTRACTOR on
account of work performed for Contractor by a particular Subcontractor, supplier, or other individual or
entity.
SC-6.13 The following paragraphs shall apply in addition to the requirements in 6.13 of the General
Conditions:
CONTRACTOR agrees to waive any claim against OWNER and OWNER’s agents, architects, engineers,
consultants, and their employees acting within the scope of their duties, and to defend, indemnify, and hold
them harmless from any claim or liability for injury or loss that allegedly arises from CONTRACTOR’s
performance of the work described herein. CONTRACTOR will require all SUBCONTRACTORS to
conform with this provision before they start any work. CONTRACTOR shall insure this provision in
conformity with the insurance provisions of this CONTRACT.
Until final acceptance of the Work by the ENGINEER as evidenced by approval of the final estimate, the
Work shall be in the custody and under the charge and care of the CONTRACTOR and he shall take every
necessary precaution against injury or damage to any part thereof by the action of the elements or from any
other cause, whether arising from execution or from the non-execution of the Work, unless otherwise
provided for elsewhere in the Specifications or Contract. The CONTRACTOR shall rebuild, repair, restore
and make good, without extra compensation, all injuries or damages to any portion of the work occasioned
by any of the above causes before its completion and acceptance, and shall bear the expenses thereof. In
case of suspension of the Work from any cause whatever, the CONTRACTOR shall be responsible for all
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materials and equipment and shall properly store them if necessary and shall provide suitable shelter from
damage and shall erect temporary structures where necessary.
SC-11.03.C Paragraph 11.03.C of the General Conditions is hereby deleted in its entirety and the
following is substituted in its place:
"C. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under
the following conditions:
1. If the total cost of a particular item of Unit Price Work amounts to five percent (5%) or more of the
Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by
Contractor differs by more than twenty-five percent (25%) from the estimated quantity of such item
indicated in the Agreement; and
2. If there is no corresponding adjustment with respect to any other item of Work; and
3. If CONTRACTOR believes that it has incurred additional expense as a result thereof; or if OWNER
believes that the quantity variation entitles it to an adjustment in the Unit Price, either OWNER or
CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 10
if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work
performed."
SC-13.03.B CONTRACTOR shall employ and pay for the services of an independent testing laboratory
acceptable to the OWNER and the ENGINEER to perform all inspections, tests, or approvals required by
the Contract Documents except:
1. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.B
of the General Conditions shall be paid as provided in said paragraph 13.04.B; and
2. as otherwise specifically provided in the Contract Documents.
14.02.B.5 In addition to reasons listed in G.C. 14.02.B.5.a through 14.02.B.5.d, the ENGINEER may
refuse to recommend the whole or any part of any payment to the CONTRACTOR because liability for
liquidated damages has been incurred by the CONTRACTOR.
S.C.-14.05.A Add the following new paragraph immediately after paragraph 14.05.A.1 which is to read
as follows:
2. OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not substantially complete. A copy of such request
will be sent to ENGINEER and within a reasonable time thereafter OWNER, CONTRACTOR and
ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will
prepare a list of the items remaining to be completed or corrected thereon before final payment. If
CONTRACTOR does not object in writing to OWNER and ENGINEER that such part of the Work is not
ready for separate operation by OWNER, ENGINEER will finalize the list of items to be completed or
corrected and will deliver such lists to OWNER and CONTRACTOR together with a written
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recommendation as to the division of responsibilities pending final payment between OWNER and
CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties
and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR
at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing
and so informed ENGINEER). During such operation and prior to Substantial Completion of such part of
the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said
list and to complete other related Work.
SC-17.01 In addition to the provisions of paragraph 17.01 of the General Conditions, written Notice
to the CONTRACTOR shall be deemed to have been given if delivered in person to the CONTRACTOR's
authorized representative on the project site.
END OF SECTION 00800
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SECTION 01010
SUMMARY OF WORK
PART 1 - GENERAL
1.1 WORK COVERED BY CONTRACT DOCUMENTS
Work includes the repair, surface preparation and painting the 300,000 gallon Bluewater
Tank and the 200,000 gallon Countryview Tank including erecting and maintaining a
containment system.
1.2 WORK SEQUENCE
Work sequence shall generally be determined by the contractor. However, each tank is in
a separate service area and both may be taken out of service simultaneously.
1.3 CONTRACTOR'S USE OF PREMISES
A. Contractor shall limit his use of the premises for work and for storage.
B. Contractor shall coordinate use of premises under direction of Owner.
C. Contractor shall assume full responsibility for the protection and safekeeping of products
under this contract, stored on the site.
D. Contractor shall move any stored products, under Contractor's control, which interfere with
operations of the Owner.
1.4 OWNER OCCUPANCY
Owner will occupy the premises during the entire period of construction for the conduct
of his normal operations. Cooperate with Owner's Representative in all construction
operations to minimize conflict, and to facilitate Owner usage.
1.5 SUBSTITUTION OF EQUIPMENT AND MATERIALS
In the Plans and Specifications, certain equipment and materials are identified by
manufacturer in order to establish the quality expected by the Owner and Engineer.
Equipment of equal or better quality may be substituted for those named at the Contractor's
option with the stipulations described below. If this equipment is subsequently
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disapproved, the Contractor shall resubmit until the equipment he proposes is approved.
The Engineer shall be the final authority on equality.
This substitution paragraph does not apply to those pieces of equipment identified by a
manufacturer followed by the words "to match existing."
Where equipment is identified by manufacturer, the first name appearing on the Plans is
the name of the manufacturer around which the facility was designed. The second name
is a manufacturer known to the Engineer to produce a similar piece of equipment of equal
quality. As described above, the Contractor may choose to install another manufacturer's
equipment. If the Contractor chooses to install any piece of equipment other than the first
named, any modifications or additional components required to provide a complete and
satisfactory installation shall be provided by the Contractor at no additional expense to the
Owner.
END OF SECTION 01010
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SECTION 01060
REGULATORY REQUIREMENTS
PART 1 - GENERAL
1.1 DESCRIPTION
A. Permits and Responsibilities.
The Contractor shall, without additional expense to the Owner, be responsible for
obtaining any necessary licenses and permits, and for complying with any applicable
Federal, State and municipal laws, codes, ordinances and regulations, in connection with
the prosecution of the Work. He shall take proper safety and health precautions to
protect the Work, the workers, the public and the property of others. He shall also be
responsible for all materials delivered and work performed until completion and
acceptance of the Work, except for any completed unit of construction thereof which
may heretofore have been accepted.
END OF SECTION 01060
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Countryview & Bluewater Tanks (2014) Job No. 41-459
SECTION 1300
SUBMITTALS
PART 1 - GENERAL
1.1 DESCRIPTION AND REQUIREMENTS
A. Type of Submittals. This Section of the Specifications describes the procedures for
submittals of Schedule of Submittals, Schedule of Construction, Insurance Certificates, List
of Subcontractors, Anticipated Payment Schedules, Shop Drawings, Product Data,
Samples, and miscellaneous work-related submittals.
B. Related Work Specified Elsewhere:
1. Definitions and Additional Responsibilities of Parties:
a. Section 00700: General Conditions
b. Section 00800: Supplementary Conditions.
C. Submittal Contents. The submittal contents required are specified in each section and in
this specification.
D. Definitions. Submittals are categorized as follows:
1. Shop Drawings:
a. Shop drawings shall include technical data, drawings, diagrams, performance
curves, schedules, templates, patterns, reports, calculations, instructions,
measurements and similar information as applicable to the specific item for
which the shop drawing is prepared.
b. Provide newly-prepared information, on reproducible sheets, with graphic
information at accurate scale (except as otherwise indicated) or appropriate
number of prints hereof, with name of preparer (firm name) indicated. The
Contract Drawings shall not be traced or reproduced by any method for use as
or in lieu of detail shop drawings. Show dimensions and note which are based
on field measurement. Identify materials and products in the work shown.
Indicate compliance with standards and special coordination requirements. Do
not allow shop drawing copies without appropriate final "Action" markings by
the Engineer to be used in connection with the Work.
2. Product Data:
a. Product data includes standard printed information on materials, products and
systems, not specially prepared for this project, other than the designation of
selections from among available choices printed therein.
b. Collect required data into one submittal for each unit of work or system, and
clearly mark each copy to show which choices and options are applicable to
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project. Include manufacturer's standard printed recommendations for
application and use, compliance with standards, application of labels and seals,
notation of field measurements which have been checked, and special
coordination requirements.
c. Show all performance characteristics, capacities, clearances required, and
wiring or piping diagrams. Supplement standard information to provide all
information specifically applicable to work.
3. Samples:
a. Samples include both fabricated and unfabricated physical examples of
materials, products and units of work, both as complete units and as smaller
portions of units of work, either for limited visual inspection or (where
indicated) for more detailed testing and analysis.
b. Provide units identical with final condition of proposed materials or products
for the work. Include "range" samples (not less than three (3) units) where
unavoidable variations must be expected, and describe or identify variations
between units of each set. Provide full set of optional samples where the
Engineer's selection is required. Prepare samples to match the Engineer's
sample where indicated. Include information with each sample to show generic
description, source or product name and manufacturer, limitations, and
compliance with standards. Samples are submitted for review and confirmation
of "kind" by the Engineer. Engineer will not "test" samples (expect as
otherwise indicated) for other requirements, which are the exclusive
responsibility of the Contractor.
c. Samples shall be of sufficient size to clearly indicate functional characteristics
of the products and full range of color, texture, and pattern.
4. Miscellaneous submittals related directly to the work (non-administrative) include
warranties, maintenance agreements, workmanship bonds, project photographs,
survey data and reports, physical work records, statements of applicability, quality
testing and certifying reports, copies of industry standards, record drawings, field
measurement data, operating and maintenance materials, and similar information,
devices and materials applicable to the Work but not processed as shop drawings,
product data or samples.
E. List of Required Submittals:
No. Description Section No.
1. List of Subcontractors 00100
2. Insurance Certificates 00700
3. Schedule of Construction 00700
5. Anticipated Payment Schedules 00700
6. Advertisement of Completion (Affidavit) 00800
7. Contractor’s Release of Liens 00800
1.2 GENERAL SUBMITTAL REQUIREMENTS
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A. Scheduling. Where appropriate in various required administrative submittals (listings of
products, manufacturers, supplier and subcontractors, and in job progress schedule), show
principle work-related submittal requirements and time schedules for coordination and
integration of submittal activity with related work in each instance.
B. Coordination of Submittal Times. Prepare and transmit each submittal to the Engineer
sufficiently in advance of performing related work or other applicable activities, so the
installation will not be delayed or improperly sequenced by processing times, including
non-approval and resubmittal (if required). Coordinate with other submittals, testing,
purchasing, delivery and similar sequenced activities. No extension of time will be
authorized because of Contractor's failure to transmit submittals to the Engineer
sufficiently in advance of the work.
C. Sequencing Requirements. As applicable in each instance, do not proceed with a unit of
work until submittal procedures have been sequenced with related units of work, in a
manner which will ensure that the action will not need to be later modified or rescinded by
reason of a subsequent submittal which should have been processed earlier or concurrently
for coordination.
D. Preparation of Submittals. Provide permanent marking on each submittal to identify
project, date, Contractor, subcontractor, submittal name and similar information to
distinguish it from other submittals. Show Contractor's executed review and approval
marking and provide space for the Engineer's "Action" marking. Package each submittal
appropriately for transmittal and handling. Submittals which are received from sources
other than through the Contractor's office will be returned "without action".
E. Transmittal Identification.
1. Number transmittals in sequence for each Division of the Specifications. The number
before the dash indicates the Section of the Specifications, and the number after the
dash is the sequence number of the transmittal (15140-1 would be the first transmittal
applicable to Section 15140 of the Specifications. 15140-2 would be the second
transmittal for Section 15140, etc.).
2. Identify resubmittals with a letter of the alphabet following the original number,
using A for the first resubmittal, B for the second resubmittal, etc. A resubmittal
affecting transmittal 15140-1 would then be numbered 15140-1A. The 15140-1
would then be entered in the space "Previous Transmittal Number", which is left
blank except on resubmittals.
1.3 SPECIFIC CATEGORY REQUIREMENTS
A. General. Except as otherwise indicated in the individual work sections, comply with
general requirements specified herein for each indicated category of submittal.
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1. Submittals shall be accompanied by a cover sheet which shall contain:
a. The date of submission and the dates of any previous submissions.
b. The Project title and number.
c. Date.
d. Contract No.
e. The names of the:
1) Contractor
2) Supplier
3) Manufacturer
f. Identification of the product, with the Specification Section number.
g. A list of all the sheets included in the submittal.
h. Field dimensions, clearly identified as such.
i. Relation to adjacent or critical features of the work or materials.
j. Applicable standards, such as ASTM or Federal Specification numbers.
k. Notification to the Engineer in writing, at time of submission, of any
deviations on the submittals from requirements of the Contract Documents.
l. Identification of revisions on resubmittals.
m. An 8" x 3" blank space for Contractor and Engineer stamps.
n. Contractor's stamp, initialed or signed, certifying to review of submittal,
verification of products, field measurements and field construction criteria, and
coordination of the information within the submittal with requirements of the
Work and of Contract Documents.
o. Submittal sheets or drawings showing more than the particular item under
consideration shall have all but the pertinent description of the item for which
review is requested crossed out.
1.4 CONTRACTOR RESPONSIBILITIES
A. In addition to any other requirements of this section, the Contractor shall be responsible
to:
1. Review shop drawings, product data and samples prior to submission.
2. Determine and verify:
a. Field measurements.
b. Field construction criteria and required clearances.
c. Catalog numbers and similar data.
d. Conformance with specifications.
3. Coordinate each submittal with requirements of the work and of the Contract
Documents.
4. Notify the Engineer in writing, at time of submission, of any deviations in the
submittals from requirements of the Contract Documents.
5. Begin no fabrication or work which requires submittals until return of submittals
with Engineer approval.
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1.5 ROUTING OF SUBMITTALS
A. Submittals and routine correspondence shall be routed as follows:
1. Supplier to Contractor (through representative if applicable) for detailed review.
2. Contractor to Consulting Engineer for review or comment.
3. Consulting Engineer to Contractor.
4. Contractor to Field Office and Supplier.
1.6 SUBMITTAL COPIES REQUIRED
A. Shop Drawings, Product Data, and Miscellaneous Submittals. All released submittals will
be distributed as follows:
1. For Polyengineering, Inc. 2 copies
2. For Owner 2 copies
3. For Contractor 3 copies
TOTAL 7 copies
B. To the above number may be added additional copies as required by the Contractor.
C. The Engineer will mark all copies of each shop drawing. One will be retained in the
Engineer's office, one sent to the Field Inspection office, one will be retained for the Owner
and the remaining copies sent to the Contractor for his records and distribution.
D. For non-approval items, such as parts lists, five (5) copies are required, unless specified
otherwise:
1. For Polyengineering, Inc. File 2 copies
2. For Owner Plant Maintenance Division File 2 copies
3. For Owner Operating Division File 1 copy
TOTAL 5 copies
E. Samples:
1. Submittal. At Contractor's option, provide preliminary submittal of a single set of
samples for the Engineer's review and "action." Otherwise, initial submittal is final
submittal unless returned with "action" which requires resubmittal. Submit two (2)
sets of samples in final submittal; one set will be returned.
2. Quality Control Set. Maintain returned final set of samples at project site, in suitable
condition and available for quality control comparisons by Engineer and by others.
1.7 REVIEW OF SUBMITTALS
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A. Review Time. Allow a minimum of two (2) weeks for the Engineer's initial processing of
each submittal requiring review and response, except allow longer periods where
processing must be delayed for coordination with subsequent submittals or when a
sufficiently large number of submittals are sent during a short period. The Engineer will
advise the Contractor promptly when it is determined that a submittal being processed must
be delayed. Allow two weeks for reprocessing each submittal. Advise the Engineer on each
submittal as to whether processing time is critical to progress of the work, and therefore
the work would be expedited if processing time could be foreshortened.
B. Engineer's Action.
1. Final Unrestricted Release. Work may proceed, provided it complies with contract
documents, when submittal is returned with the following:
a. Marking: "A" - No Exceptions Taken.
2. Final-But-Restricted Release. Work may proceed, provided it complies with
notations and corrections on submittal and with contract documents, when submittal
is returned with the following:
a. Marking: "B" - Exceptions Taken as Noted.
3. Returned for Resubmittal. Do not proceed with Work. Revise submittal in
accordance with notations thereon, and resubmit without delay to obtain a different
action marking. Do not allow submittals with the following marking (or unmarked
submittals where a marking is required) to be used in connection with performance
of the work.
a. Marking: "C" - Revise and resubmit.
b. Marking: "D" - Rejected - Does Not Comply with Project Requirements.
4. Only three (3) copies of items marked "C" or "D" will be reviewed and marked. One
copy will be retained in the Polyengineering, Inc. office, one copy will be sent to the
Polyengineering, Inc. field office, and the other copy with all remaining unmarked
copies will be returned to the contractor for resubmittal.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
END OF SECTION 01300
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SECTION 01700
CONTRACT CLOSEOUT
PART 1 - GENERAL
1.1 DESCRIPTION
A. Comply with requirements stated in General, Supplemental and Special
Conditions and in Specifications for administrative procedures in closing out the
work.
B. Related requirements in other parts of the Project Manual:
(1) Fiscal provisions, legal submittals and additional administrative
requirements: General, Supplementary, and Special Conditions.
C. Related requirements specified in other sections:
(1) Section 01711: Cleanup
1.2 SUBSTANTIAL COMPLETION
A. When Contractor considers the work is substantially complete, he shall submit to
Engineer:
(1) A written notice that the work, or designated portion thereof, is
substantially complete.
(2) A list of items to be completed or corrected.
B. Within a reasonable time after receipt of such notice, Engineer will make an
inspection to determine the status of completion.
C. Should Engineer determine that the work is not substantially complete:
(1) Engineer will promptly notify the Contractor in writing, giving the reasons
therefor.
(2) Contractor shall remedy the deficiencies in the work, and send a second
written notice of substantial completion to the Engineer.
(3) Engineer will reinspect the work.
D. When Engineer finds that the work is substantially complete, he will:
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(1) Prepare and deliver to Owner a tentative letter of Substantial Completion
with a tentative list of items to be completed or corrected before final
payment.
(2) After consideration of any objections made by the Owner as provided in
General, Supplemental and Special Conditions, and when Engineer
considers the work substantially complete, he will execute and deliver to
the Owner and the Contractor a definite Letter of Substantial Completion
with a revised tentative list of items to be completed or corrected.
1.3 FINAL INSPECTION
A. When Contractor considers the work is complete, he shall submit written
certification that:
(1) Contract Documents have been reviewed.
(2) Work has been inspected for compliance with Contract Documents.
(3) Work has been completed in accordance with Contract Documents.
(4) Equipment and systems have been tested in the presence of the Owner's
representative and are operational.
(5) Work is completed and ready for final inspection.
B. Engineer will make an inspection to verify the status of completion with
reasonable promptness after receipt of such certification.
C. Should Engineer consider that the work is incomplete or defective:
(1) Engineer will promptly notify the Contractor in writing, listing the
incomplete or defective work.
(2) Contractor shall take immediate steps to remedy the stated deficiencies,
and send a second written certification to Engineer that the work is
complete.
(3) Engineer will reinspect the work.
D. When the Engineer finds that the work is acceptable under the Contract
Documents, he shall request the Contractor to make closeout submittals and begin
project Advertisement of Completion.
1.4 REINSPECTION FEES
A. Should the Engineer perform reinspections due to failure of the work to comply
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with the claims of status of completion made by the Contractor:
(1) Owner will compensate Engineer for such additional services.
(2) Owner will deduct the amount of such compensation from the final
payment to the Contractor.
1.5 CONTRACTOR'S CLOSEOUT SUBMITTALS TO ENGINEER
A. Section 01720: Project Record Documents
B. Warranties and Bonds as required, including a letter from the Surety Company
giving consent of final payment and assuring the Owner that the Performance and
Payment Bonds will remain in effect for at least one (1) year from the date final
payment to the Contractor becomes due.
C. Spare Parts and Maintenance Materials as required.
D. Release of Liens - A certified letter from the Contractor to release and discharge
the Owner, its officers, agents and employees of and from all liabilities,
obligations, and claims under or arising out of said contract.
E. Completed Operations Insurance -Contractor shall provide a signed statement
agreeing to continue Commercial General Liability including Completed
Operations and Product Liability coverage for two years following acceptance of
project. Contractor will attach a Certificate of Insurance as evidence of such
insurance and will provide Certificates in the future until the two-year period
expires.
F. Contractor's Advertisement of Completion - The Contractor immediately after
being notified by the Engineer that all other requirements of his contract have
been completed shall give notice of said completion by an advertisement for a
period of 4 successive weeks in the Northwest Florida Daily News. Proof of
publication of said notice shall be made by the Contractor to the Owner, by
affidavit of the publisher and a printed copy of the published notice.
1.6 FINAL ADJUSTMENT OF ACCOUNTS
A. Submit a final settlement of accounting to Engineer.
B. Statement shall reflect all adjustments to the Contract Sum:
(1) The Original Contract Sum.
(2) Additions and deductions resulting from:
(a) Previous Change Orders
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(b) Unit Prices
(c) Deductions for uncorrected work
(d) Penalties and Bonuses
(e) Deductions for liquidated damages
(f) Deductions for reinspection payments
(g) Other adjustments
(3) Total Contract Sum, as adjusted.
(4) Previous Payments
(5) Sum remaining due
C. Engineer will prepare a final change order, reflecting approval adjustments to the
Contract Sum which were not previously made by Change Orders.
1.7 FINAL APPLICATION FOR PAYMENT
Contractor shall submit the final Application for Payment in accordance with procedures
and requirements stated in the Conditions of the Contract. Included in the Final
Application For Payment shall be the affidavit of the Advertisement For Completion,
Release of Liens, Proof of Completed Operations Insurance and Assurance Letter from
Surety Company as outlined in Section 1.5 (A-F) above.
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ADVERTISEMENT OF COMPLETION
(Contractor)
(Address)
give notice of completion of
(Project)
and sets as the date of final settlement. All persons and firms
should file all claims for payment to the below address prior to the settlement date:
Okaloosa Board of County Commissioners, (Owner)
c/o Polyengineering, Inc.
P. O. Box 841
Shalimar, FL 32579
By: (Name)
(Title)
Leg: (Publication Dates)
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CONTRACTOR'S RELEASE OF LIENS
STATE OF:
COUNTY OF:
Before me, the undersigned Notary Public in and for the said County and State personally
appeared , representing the Contractor, , who being duly
sworn according to law deposes and says that all labor, materials, and outstanding claims and
indebtedness of whatever nature arising out of the performance of the Contract with Board of
County Commissioners, Okaloosa County, FL, the Owner, for ,
Contract No. have been paid in full and that for the final payment in the amount of
$ , the Contractor releases and discharges the Owner and his authorized
representatives from any liens or claims of any nature because of or arising from this contract
and/or its performance, which it has had, has or may have in the future.
By:
Sworn to and subscribed
before me this day of .
(Notary Public)
My Commission expires
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Countryview & Bluewater Tanks (2014) 01700-6 Job No. 41-459
[Date]
Polyengineering, Inc
PO Box 841
Shalimar, FL 32579
Reference: [Project Name]
Dear [Engineer] ,
As required in the contract specifications, upon expiration of our current Certificate of Insurance,
an additional copy will forwarded to you for your records.
[Contractors Name] will maintain our insurance coverage in excess of two (2) years from
completion.
If you have questions or require additional information, please do not hesitate to call.
END OF SECTION 01700
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Countryview & Bluewater Tanks (2014) 01700-7 Job No. 41-459
SECTION 01711
CLEANUP
1.1 GENERAL
This section covers the general cleaning which the Contractor shall be required to
perform both during construction and before final acceptance of the project unless
otherwise shown on the Drawings or specified elsewhere in these Specifications.
1.2 HAZARD CONTROL
A. The Contractor shall prevent accumulation of wastes which create hazardous
conditions.
B. Burning or burying rubbish and waste materials on the site shall not be allowed.
C. Disposal of volatile wastes into sanitary or storm sewers shall not be allowed.
1.3 DISPOSAL OF SURPLUS MATERIALS
A. Unless otherwise shown on the Drawings, specified or directed, the Contractor
shall dispose of all surplus excavated materials and equipment from demolition,
legally off the site, and shall provide his own suitable, off-site spoil area, or on a
site designated by the Owner.
1.4 FINAL CLEANING
The Contractor shall:
A. Remove from the site all plant, material, tools and equipment belonging to him,
and leave the site with an appearance acceptable to the Engineer.
B. The Contractor shall thoroughly clean all equipment materials installed by him
and shall deliver over such materials and equipment in a bright, clean, polished
and new-appearing condition.
C. Restoration of Landscape Damage. Any landscape feature scarred or damaged by
the Contractor's equipment or operations shall be restored as nearly as possible to
its original condition at the Contractor's expense. The Engineer will decide what
method of restoration shall be used.
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D. Post-Construction Cleanup or Obliteration. The Contractor shall obliterate all
signs of temporary construction facilities such as haul roads, work areas,
structures, stockpiles of excess or waste materials, or any other vestiges of
construction, as directed by the Engineer.
END OF SECTION 01711
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SECTION 01740
WARRANTIES AND BONDS
PART 1 - GENERAL
1.1 PROJECT MAINTENANCE AND WARRANTY
A. Maintain and keep in good repair the improvements covered by these Drawings
and Specifications during the life of the Contract.
B. Indemnify the Owner against any repairs which may become necessary to any
part of the work performed and to items of equipment and systems procured for or
furnished under this Contract, arising from defective workmanship or materials
used therein, for a period of five (5) years after acceptance from the final date of
final resolution of the Owner accepting work.
C. The Contractor shall not be obligated to make replacements which become
necessary because of ordinary wear and tear, or as a result of improper operation
or maintenance, or as a result of improper work or damage by another Contractor
or the Owner, or to perform any work which is normally performed by a
maintenance crew during operation.
D. In the event of multiple failures of major consequences prior to the expiration of
the five-year warranty described above, the affected unit shall be disassembled,
inspected, and modified or replaced as necessary to prevent further occurrences.
All related components which may have been damaged or rendered non-
serviceable as a consequence of the failure shall be replaced. As used herein,
multiple failures shall be interpreted to mean two (2) or more successive failures
of the same kind in the same item or failures of the same kind in two (2) or more
items. Major failures may include, but are not limited to, cracked or broken
housings, piping, or vessels, excessive deflections, bent or broken shafts, broken
or chipped gear teeth, premature bearing failure, excessive wear, or excessive
leakage around seals. Failures which are directly and clearly traceable to operator
abuse, such as operations in conflict with published operating procedures, or
improper maintenance, such as substitution of unauthorized replacement parts,
use of incorrect lubricants or chemicals, flagrant over- or under-lubrication, and
using maintenance procedures not conforming with published maintenance
instructions, shall be exempted from the scope of the one-year warranty. Should
multiple failures occur in a given time, all products of the same size and type shall
be disassembled, inspected, modified or replaced, as necessary and rewarranted
for one year.
E. The Contractor shall, at his own expense, furnish all labor, materials, tools and
equipment required and shall make such repairs and removals or shall perform
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such work or reconstruction as may be made necessary by any structural or
functional defect or failure resulting from neglect, faulty workmanship or faulty
materials, in any part of the Work performed by him. Such repair shall also
include refilling of trenches, excavations or embankments which show settlement
or erosion after backfilling or placement.
F. Except as noted on the Drawings or as specified, all structures such as
embankments and fences shall be returned to their original condition prior to the
completion of the Contract. Any and all damage to any facility not designated for
removal, resulting from the Contractor's operations, shall be promptly repaired by
the Contractor at no cost to the Owner.
G. In the event the Contractor fails to proceed to remedy the defects of which he has
been notified within fifteen (15) days of the date of such notice, the Owner
reserves the right to cause the required materials to be procured and the work to
be done, as described in the Drawings and Specifications, and to hold the
Contractor and the sureties on his bond liable for the cost and expense thereof.
I. Notice to Contractor for repairs and reconstruction will be made in the form of a
registered letter addressed to the Contractor at his home office.
J. Neither the foregoing paragraphs nor any provision in the Contract Documents,
nor any special guarantee time limit implies any limitation of the Contractor's
liability with the law of the place of construction.
END OF SECTION 01740
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SECTION 09870
REPAIRING AND REPAINTING WATER TANKS
PART 1 - GENERAL
1.1 SECTION INCLUDES
Blasting, cleaning, repairing, and painting the Countryview and Bluewater Water Storage
Tanks.
1.2 RELATED SECTIONS
Section 01300 - Submittals
1.3 PROJECT CONDITIONS
A General Arrangement Drawings and Site Plans (See Appendix) of the two tanks to be
painted are included for the Contractor’s convenience and is intended to depict the
tanks’ dimensions. This information should be correlated with field observations prior
to submitting a bid.
1.4 SUBMITTALS
A. Work Schedule
With the following minimum information prepared for the Northgate Tank work site:
1. Mobilization and rigging
2. Begin repairs
3. Complete repairs
4. Blast and paint wet surfaces
5. Blast and paint exterior surfaces
6. Disinfection
7. Clean-up and Demobilization.
B. Supplier, type and size of abrasive to be used with Material Safety Data Sheets
(MSDS).
C. Material Safety Data Sheets (MSDS) for all coatings, sealers and chemicals used and
Certificate of Compliance with ANSI/NSF Standard 61 for all coatings and sealers in
contact with potable water.
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D. Description of proposed method of containing the cleaning debris and paint droplets.
E. Descriptive written plan concerning how abrasive and/or paint damage to automobile,
boats and property will be handled, including a process for quick removal of the
abrasive or paint.
F. Evidence or documentation submitted to verify that the employees have had sufficient
training and experience in industrial painting, safety practices, worker protection,
environmental monitoring, and waste handling procedures to adequately perform the
responsibilities contained in these specifications
G. Welder’s certification papers
1.5 QUALITY ASSURANCE
A. Applicable Standards
1. Welding
a. All design and welding shall be done in accordance with AWWA D100-05,
Standard for Welded Steel Tanks for Water Storage. Where tolerances and
stresses are not limited by the AWWA Standard, the applicable sections of
the July 1993 revision of the American Petroleum Institute (API) Standard
650 shall apply.
b. All welders and welding operators shall be certified to the procedures and
processes required to accomplish the work.
2. Repairs, Surface Preparation, and Painting
a. Repairs shall be made in accordance with American Water Works
Association Standard (AWWA) D101-97 and applicable section of AWWA
D100-96.
b. All blasting and painting operations shall be completed in accordance with
the requirements of the Steel Structures Painting Council (SSPC) Volume 1
and Volume 2, including Commentary Sections and Appendices; AWWA
C652-92; the NSF International Standard 61, "Drinking Water System
Components - Health Effects"; the paint manufacturer's published product
data; and these Specifications.
c. The SSPC "Visual for Abrasive Blast Cleaned Steel" SSPC-VIS 1-89 and the
SSPC "Visual Standard for Power and Hand-Tool Cleaned Steel" SSPC-VIS
3-93 shall also be used taking into account staining from previous paint
applications.
d. Coatings shall be in accordance with AWWA D102-11, Coating Steel Water-
Storage Tanks.
e. All coatings shall be acceptable to the controlling state, federal, and/or local
health and environmental regulatory agencies.
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f. All interior coating materials, solvents, and other additives shall comply with
the ANSI/NSF Standard 61 "Drinking Water System Components - Health
Effects."
g. Paints which contain more than 0.06% by weight of lead (or any lead
compounds) shall not be used. The CONTRACTOR shall submit
documentation from the coating manufacturer stating that their paints are in
compliance with this requirement in addition to other requirements of these
Specifications.
h. Where the foregoing standards, recommendations and specifications are
conflicting, the ENGINEER shall be notified of the conflicts. Manufacturer's
published product data shall be adhered to unless changed in writing by the
manufacturer.
3. Other
a. ANSI Z49.1, "Safety in Welding and Cutting"
b. OSHA Regulations, 29 CFR 1910.146: Permit - Required confined spaces
c. AWWA C652-92, Disinfection of Water Storage Facilities
d. SSPC Guide 6, Guide for Containing Debris Generated During Paint
Removal Operations
1.6 SUPERVISOR
A. The CONTRACTOR shall provide a competent superintendent, satisfactory to the
OWNER, for the Work at all times during working hours with full authority to act for
him/her.
B. The CONTRACTOR shall also provide an adequate staff for the proper coordination
and expedition of his/her Work. Should, in the opinion of the OWNER, any language
barrier exist between the on-site superintendent and the OWNER or ENGINEER, the
CONTRACTOR shall employ a qualified full-time interpreter or provide a new on-site
superintendent at no additional cost to the OWNER.
1.7 SAFETY REQUIREMENTS
A. The CONTRACTOR shall comply with all applicable requirements of the
Occupational Safety and Health Act of 1970 (Public Law 91-596) and will hold the
OWNER and ENGINEER harmless from any civil or criminal penalties imposed as a
result of the CONTRACTOR'S noncompliance with such requirements. No additional
compensations for changes in the laws, regulations, or the interpretation thereof shall
be granted by the OWNER.
B. The CONTRACTOR shall comply with and have documented Confined Entry Space
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Procedures available at the tank site at all times as required by OSHA 29 CFR
1910.146. The CONTRACTOR shall also comply with any state and/or local
requirements which are more restrictive than the federal requirements.
C. The CONTRACTOR shall provide adequate worker protection when welding and
flame cutting as required by ANSI Z49.1, “Safety in Welding and Cutting”. All
rigging attachments present on the tank shall be carefully evaluated by the
CONTRACTOR immediately prior to use for the type and magnitude of loads which
CONTRACTOR intends to impose on them. The CONTRACTOR assumes all
responsibility for use of any existing or added attachments.
1.8 WASTE DISPOSAL
A. Waste material generated by abrasive blasting operations is a solid waste and shall be
handled in the following order:
1. Contained
2. Collected
3. Stored
4. Evaluated
5. Properly disposed
B. Compliance with local, state, and federal regulations concerning emissions,
transportation or disposal of solid, particulate, liquid, or gaseous matter as a result of
the cleaning, painting, or other operations under this Agreement shall be the
responsibility of the CONTRACTOR. This compliance shall be accomplished
without supervision from the OWNER, ENGINEER, or other direct or indirect agents
of the OWNER. No additional compensations for changes in the laws, regulations, or
other interpretation thereof shall be granted by the OWNER.
C. No burning of trash (including abrasive bags or other paper or wood products) on the
site shall be permitted.
D. All shielding, abrasive retrieval, or other methods of using precautions required by the
regulating agencies shall also be accomplished at no additional cost to the OWNER
unless otherwise provided herein. Any fines imposed on the OWNER or ENGINEER
by any regulatory agency as a result of the CONTRACTOR'S noncompliance with
environmental or nuisance regulations shall be paid or reimbursed by the
CONTRACTOR.
E. Debris Collection:
1. All debris collected by this operation, removed from equipment or filters, or that
has fallen to the ground shall be collected and stored at the tank site for testing,
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evaluation and ultimate disposal.
1. A centralized cleaning station for recyclable steel grit shall be set up at a location
mutually agreed upon by the OWNER, CONTRACTOR and ENGINEER.
2. Storage for debris shall be in covered steel containers. Containers shall be
parked, secured and stored on wooden 6" x 6" timbers so containers are NOT in
contact with the ground.
3. Chain of Custody:
a. Follow all local, state and federal regulations
b. A Chain of Custody Form must accompany all composite samples. Included
in this document shall be the name of the person taking the sample, the
Company for which he works, the date and time which the sample was taken,
the tank from which it was taken, the Township and Municipality where the
tank is located and signatures of all persons involved in the Chain of
Custody, including dates possessed and relinquished.
F. Hazardous Waste - Sampling and Testing:
1. The Contractor shall hire a Florida state licensed disposal company to collect at
least four (4) random representative samples of the paint debris from each
container in accordance with USEPA and/or local regulations in the presence of
the Engineer and the Contractor.
a. Each separate sample shall contain at least 100 grams (approximately one
cup) and shall be transported to an approved testing laboratory in accordance
with all laws and regulations. The purpose of gathering these samples is to
perform on each sample all necessary testing, such as Toxicity Characteristic
Leaching Procedure Testing (TCLP Testing), or subsequent testing required
by the Resource Conservation and Recovery Act (RCRA) or local and state
regulations, to determine proper treatment and/or disposal requirements.
b. All testing required by regulations or by the selected waste hauler or landfill,
including any follow-up testing and the collection of the samples, shall be
done at the Contractor’s expense.
c. The number of samples from each container will be determined by the degree
of variation of the results of the four (4) initial samples.
d. Copies of all manifests, testing results and treatment procedure documents
shall be sent to the Engineer and Owner.
e. Should the results of the random testing of the contents of a container
determine that the removed paint material does not constitute a hazardous
material, the material shall be legally disposed of by the Contractor in
accordance with local, state and federal laws.
f. The Contractor shall be responsible for removing and properly transporting
all the material from the project site. The material shall be transported in
containers approved by the USEPA and local, state and federal regulations.
g. The contract Base Bid shall include the cost of the transporting of the
removed paint material to a non-hazardous waste landfill or other stipulated
landfill and any disposal costs at that facility.
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h. Should the results of the random testing of the contents of a container
determine that the removed paint material does in fact constitute a hazardous
material, the material must either be:
1) treated by an approved method to reduce the leachable concentration
levels to below the regulatory limits and disposed of in accordance with
all local and/or state regulations; or
2) recycled and used as a raw material in a product approved by the
appropriate regulatory agencies; and disposed of in a hazardous waste
landfill. Disposal, treatment or recycling of the material shall be in strict
accordance with the federal, state and local laws including, but not
limited to RCRA, Toxic Substance Control Act (TSCA), Hazardous
Materials Transportation Act (HMTA), USEPA and Florida Department
of Environmental Protection (FDEP) regulations.
i. All costs associated with the recycling, or treatment or disposal in an
approved recycling or hazardous waste facility shall be paid for by the
Owner. The hauler shall obtain the necessary insurance and the necessary
permits for transportation and shall provide evidence of such to the Engineer
and Owner.
j. If the sample material obtained and tested as described above is determined
to be a hazardous material according to the TCLP testing or subsequent
testing required by RCRA, the Contractor shall delete the standard disposal
for the removed paint residue from the Base Bid.
1) Included under this item is the furnishing of all materials,
equipment, tools, utilities, labor, and supervision necessary for the
completion of the work contained in this item in accordance with the
drawings and specifications. The item generally includes the recycling,
or treatment and transporting and deposition of all hazardous removed
paint material in an approved recycling facility or disposal site,
including obtaining all the necessary insurance and the necessary
permits for transportation and providing evidence of such to the
Engineer and Owner.
2) Transportation:
a) All material classified as hazardous, as determined by the
aforementioned TCLP Testing or subsequent testing required by
RCRA, shall be transported to an approved recycling facility or
hazardous waste landfill.
b) The hauler shall obtain the necessary insurance and the necessary
permits for transportation and shall provide evidence of such to
the additional insureds listed elsewhere in this Specification.
c) The transporter shall submit copies of his/her "Spill Contingency
Plan" to the Engineer and Owner prior to transporting any
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material from the site. The "Spill Contingency Plan" shall detail
how spills or leaks which occur during transport shall be dealt
with.
d) The hauler shall have or shall obtain an identification number
from the USEPA, the Florida Department of Environmental
Protection (FDEP) and all other applicable state and local
licenses and permits.
e) All containers and the labeling of the containers shall adhere to
the U.S. Department of Transportation's regulations (49 CFR
Part 172) and the HMTA.
G. Disposal of Material:
1. All material classified as hazardous, as determined by the aforementioned TCLP
testing or subsequent testing required by RCRA, shall be transported to:
a. An approved recycling facility, or
b. An approved treatment facility to reduce the leachable concentration levels to
below the allowable regulatory limits and disposed in a local and/or state
approved waste landfill.
2. All transporting, recycling, treatment, and disposal shall be in strict accordance
with federal and state laws including but not limited to RCRA, TSCA, HMTA,
the USEPA and the FDEP regulations.
a. The name of the recycling, treatment and/or disposal facility shall be
submitted to the Engineer and Owner for approval prior to removing any
material from the project site.
b. The disposal or recycling facility shall have or shall obtain an identification
number from the USEPA, the Florida Department of Environmental
Protection (FDEP) and all other applicable state and local licenses and
permits.
c. The Contractor shall be responsible for obtaining the proper signatures of the
hauler and designated receiving facility on the "manifest" form.
d. Payment will not be released for this item until this documentation has been
received by the Owner.
3. Payment :
a. All costs associated with the transporting, recycling of the material or
treatment, and disposal of the material in an approved hazardous waste
facility shall be paid for by the Owner. The Contractor shall still keep the
exterior and interior removed paint debris separate from each other and shall
store the debris in separate leak-proof covered containers.
b. Within 20 days of the Owner contacting the Contractor, the Owner shall
furnish and deliver to the site containers for transporting the hazardous
material.
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4. The Contractor shall then fill the containers with the hazardous material.
5. The Owner shall then be responsible for the transporting and recycling of the
material or treatment and/or disposal of the material in an approved hazardous
waste facility.
1.9 HOURS OF OPERATION
No repairing, cleaning or painting is to be done in the night period between sunset and
sunrise. Further, blasting operations or any other operation that requires power equipment
shall be limited to 8 AM - 6 PM (local time) on Saturday and 9 AM - 6 PM (local time) on
Sunday. The times for Work shall also comply with local, state, and federal regulations
and laws regarding working hours, overtime, etc. County ordinances shall be adhered to
regarding noise and interference to surrounding property owners. If temperatures and
weather conditions warrant nighttime work, a written request to the OWNER and
ENGINEER shall be approved prior to any work being initiated.
1.10 EMERGENCY INFORMATION
A. The CONTRACTOR shall post information concerning emergency medical, fire,
rescue and hazardous waste phone numbers from which personnel on the site can
obtain information if needed.
B. The emergency information shall be posted a central position, located so it is visible
and accessible twenty-four (24) hours a day for the entire length of time that the
CONTRACTOR is performing Work at the tank site.
PART 2 - PRODUCTS
2.1 BLAST ABRASIVE
A. General
1. All of the abrasives shall be steel grit (size 50-80).
2. The abrasive shall be properly stored, and it shall be free from contaminant,
including but not limited to paint, dirt, moisture, oil, or chlorides, which can cause
premature failure of the coating.
3. Use of abrasive on the exterior of the tank shall be based not only on its
compliance with the technical application of the coatings, but also on its lack of
nuisance to surrounding property.
4. The CONTRACTOR shall submit manufacturer's published product data sheets
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for the type of abrasive, grade, and the resulting profile of the abrasive to be used
to the ENGINEER for approval prior to the start of any cleaning operations.
2.2 COATINGS
A. All coatings for the job shall be obtained from a single approved coatings
manufacturer. Products proposed for use, other than those specified, must be
submitted in writing at least 10 days before the bid date. Proposal shall include
product data sheets, MSDS sheets, performance criteria as listed in Section 3.12 of
these specifications as well as a list of a minimum of 15 tanks (including location,
Engineer’s name and phone number, Owner name and phone number) which have
utilized the proposed coating system. References shall have rendered satisfactory
service for at least 5 years. It is incumbent upon the proposer to prove that the
materials submitted meet the generic type as well as the performance requirements
established in these specifications.
B. Coatings shall be manufactured by the following approved manufacturer:
Tnemec Company Incorporated
C. Thinners shall be as recommended by the approved coating manufacturer.
D. All materials shall be furnished new and delivered to the project site in the original
factory sealed containers which are clearly and properly labeled by the coating
manufacturer showing the manufacturer’s name, product number, type of coating,
batch number and expiration date.
E. The materials shall be stored, handled and used in accordance with all manufacturers’
published product data, including all requirements listed on the Material Safety Data
Sheets (MSDS).
F. Coating Systems
1. Except as modified herein, all coating systems shall comply with the following:
a. AWWA D102-06 Outside Coating System No. 4 (OCS-4-modified): Generic
Description - A four-coat system comprised of a zinc-rich primer, one
polyamidoamine epoxy and one aliphatic urethane intermediate coat, and a
fluoro-urethane finish coat. All replacement parts (ladders, hatches, etc.) shall
have a five-coat system with the addition of a shop-applied zinc-rich primer to
the above described system.
b. AWWA D102-11 Inside Coating System No. 3 (ICS-3, Modified): Generic
Description - A two coat system consisting of an organic zinc-rich primer,
with a 100% solids, fast setting, epoxy lining. Replacement ladder shall have
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a three coat system with the addition of a shop-applied zinc-rich primer to the
above described system.
c. All coatings and coating systems in contact with potable water shall comply
with ANSI/NSF, International Standard 61.
d. Table 1 in the Appendix has been included to summarize the coatings. This
quick reference is included for the contractor’s convenience, but is not
intended to supersede the technical specifications.
2.3 ELASTOMERIC SEALANT
A. Elastomeric Sealant shall be an NSF approved, one part polyurethane sealant. Product
shall be SIKAFLEX-1 as manufactured by SIKA Corporation.
2.4 SEAM SEALER & SURFACER
A. Seam sealer and surfacer shall be an NSF 61 approved solventless epoxy seam sealer
and shall be Tnemec 215 Surfacer. The seam sealer and surfacer shall be
recommended by the manufacturer of the interior paint system.
2.5 DEGREASING AGENT
A. A degreasing agent such as Great Lakes Extra Muscle Pre-Paint Cleaner or approved
equal shall be used for the pre-inspection washouts as required, if applicable to project.
2.6 MATERIAL SAFETY DATA SHEETS (MSDS)
A. An MSDS shall be posted at the job site for each chemical product on the job site
including, but not limited to, coatings, thinners, solvents, disinfecting agents, abrasives,
welding materials, and flexible sealant material.
B. An MSDS for each chemical product on the job site shall also be submitted to the
ENGINEER prior to starting any work.
PART 3 - REPAIRING AND REPAINTING THE TANK
3.1 PRELIMINARIES
A. The CONTRACTOR shall notify the OWNER and the ENGINEER at least seven (7)
days before starting the Work at the site. The CONTRACTOR shall reconfirm the
commencement of Work with the OWNER and ENGINEER twenty-four (24) hours
prior to starting Work at the site.
B. The tank shall be drained during all cleaning, painting and curing of the coatings.
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C. All operations which would include closing valves, or starting, stopping, or removal
from service any equipment shall be done by the OWNER'S personnel upon request by
the CONTRACTOR.
D. The CONTRACTOR shall provide a representative who shall contact and distribute
notices to the surrounding properties in the vicinity of the project site. The purpose of
this notification procedure is to inform the neighbors and businesses of the ensuing
cleaning and painting operations and to establish a good working relationship with the
surrounding property owners and occupants whose property may be affected by the
cleaning and painting operations of the CONTRACTOR
E. Protection of Equipment and Cabinets
1. All electrical apparatus, telemetering and other equipment in or on the tank,
including all wiring, shall be protected from all damage and dust or other
deleterious material infiltration during the operations of the CONTRACTOR.
2. Any antennas on the roof of the tank shall also be protected from damage. The
operation of the equipment shall be continued during the repair, cleaning and
painting operations.
3. Any items damaged by the operations of the CONTRACTOR shall be replaced in
kind or acceptably repaired by the CONTRACTOR at no cost to the OWNER.
4. Before cleaning on any portion of the tank, all cabinets on the site shall be covered
to prevent the entry of blasting abrasive, dust or paint and so they can continue to
function as required.
5. Any cabinets which cannot be covered will be marked by the OWNER. The
covering shall be removed from the cabinets while the cabinets are cleaned,
painted, and the coating cures in accordance with the exterior painting section of
these specifications.
6. Any blasting, cleaning or paint debris inside these cabinets shall be removed by the
CONTRACTOR prior to completion of the Work.
F. Nameplates
1. The nameplates shall be carefully removed to prevent paint coverage. The
areas behind the nameplates shall be cleaned and painted in accordance with
section 3.05 of this specification.
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2. The nameplates shall be protected from the application of paint on the exposed
surface.
3. Any paint on the nameplate shall be removed by solvent cleaning or other methods
which will not damage the surface of the nameplate.
4. The nameplates shall be bolted back on the mounting brackets with stainless steel
stove bolts and nuts.
G. Conduit and Cables
1. Cables, conduit, and conduit clamps shall be relocated as necessary to effect
proper surface preparation and coating.
2. The cables, conduit, and conduit clamps along or near ladders shall be repositioned
prior to the cleaning and painting being sure to provide a minimum clear spacing
of 3" between the cables or conduit and the ladder side rails so as not to interfere
with the climber.
H. Interior Rigging Openings
1. Suitable threaded outlets shall be installed in the roof of the tank for the attachment
of paint rigging.
2. The threaded outlets shall be a Phoenix #132 heavy tank flange. The flanges shall
be welded on both the inside and outside of the tank with a continuous fillet weld.
3. Galvanized malleable iron pipe plugs shall be furnished and installed after the
completion of the painting. The threads on the plugs shall be covered with Teflon
tape prior to threading into the couplings.
4. The couplings shall be installed in sufficient number and placement so as to allow
complete and proper cleaning and painting of the shell and roof surfaces of the
tank.
I. Inter-coat Cleaning
1. Residue or foreign matter on applied coatings to receive subsequent coats shall be
cleaned by pressure rinse.
2. Determination of the need for inter-coat cleaning shall be made by the ENGINEER
and OWNER. Inter-coat cleanliness shall be determined by wiping with clean
white rags, determination of pH, chlorides or other suitable test, depending on
circumstances. Pressure cleaning when required between coats of coating material
are the CONTRACTOR’S responsibility.
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Countryview & Bluewater Tanks (2014) Job No. 41-459
3.2 ELECTRICAL SYSTEM SAFETY
A. The CONTRACTOR shall at a minimum take the following safety measures to prevent
accidents due to electrical hazards:
1. Electric Service Deactivation:
a. The OWNER shall deactivate and lock out the electric service to the tank.
b. The CONTRACTOR shall verify the deactivated status of the electric service
to the tank prior to beginning each day's Work functions and throughout the
work day.
c. The verification of the electric service deactivation is the sole responsibility of
the CONTRACTOR and shall be accomplished without supervision from the
OWNER, ENGINEER, or other direct or indirect agents of the OWNER.
2. Electric Service Wiring
a. The CONTRACTOR shall be aware of the electric service wiring attached to
and located adjacent to the tank.
b. The OWNER shall relocate, deactivate, or provide necessary electric shock
hazard protective devices to prevent exposure of workers and/or equipment to
electric shock hazards.
c. The CONTRACTOR shall verify that there is sufficient electric shock hazard
protection for the workers and equipment prior to and throughout each
working period on the job.
d. The verification of the electric shock hazard protection is the sole
responsibility of the CONTRACTOR and shall be accomplished without
supervision from the OWNER, ENGINEER, or other direct or indirect agents
of the OWNER.
3.3 CONTAINMENT SYSTEM
A. The CONTRACTOR shall design and provide a containment system for the capture,
containment, collection, storage and disposal of the waste materials generated by the
work under this specification Section, to meet the requirements of SSPC Guide 6, Class
3 and this specification.
B. The Containment Enclosure shall be at minimum as follows:
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Countryview & Bluewater Tanks (2014) Job No. 41-459
1. A retractable enclosure to completely surround (around and under) the blasting,
priming and coating operations. The ground cannot be used as the bottom of the
enclosure unless completely covered with suitable containment material that
retains 100% of the residue.
2. Constructed of flexible materials such as containment screens (specifically
designed for this purpose). The floor may be containment screening or of rigid
materials such as overlapping plywood fastened in place.
3. Maintained free of tears, cuts or holes.
4. Have seams overlapped a minimum of 6" and fastened together at 12" centers or
fastened and overlapped in a manner that insures a tight seal which does not allow
openings between the screens in the containment.
5. With sides extending past the top of and enclose the roof of the tank.
6. With a top bonnet capable of containing dust, debris and coating materials being
removed.
7. Retractable or moveable in a carousel fashion such that:
a. Lowering shall require no more than 10 minutes
b. Raising shall require no more than 15 minutes.
C. It is the CONTRACTOR’S responsibility to insure the feasibility and workability of the
containment system.
D. The CONTRACTOR shall ensure that no cleaning/blasting debris, overspray or
coating droplets escape to the atmosphere. The ground surrounding the tank shall be
protected from all debris and other materials generated in the cleaning operations.
E. The CONTRACTOR shall be responsible for all materials that are used and for any
apparatus used to contain debris, overspray, and coating droplets.
F. The CONTRACTOR shall perform his operations and work schedule in a manner as to
minimize leakage of the containment system. The containment system shall be
properly maintained and shall not deviate from the approved drawings, without the
ENGINEER’S approval.
G. If at any time during the execution of the work, the containment system fails to
function satisfactorily, the OWNER reserves the right to stop work and the
CONTRACTOR suspend all operations, except those required to minimize adverse
impact on the environment or property. Operations shall not resume until
modifications have been made to correct the cause of failure. Modifications shall be
approved by the ENGINEER. The OWNER further reserves the right to stop work or
to require additional or different enclosure methods, if the CONTRACTOR’S
operations create a nuisance beyond the tank site property line in the sole opinion of the
OWNER, the ENGINEER, the OWNER’S designated representative, any regulatory
agency, or neighbor.
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Countryview & Bluewater Tanks (2014) Job No. 41-459
H. The containment system and all accompanying support brackets and rigging shall be
designed by a professional engineer and appropriately signed and sealed per applicable
rules and regulations. A professional engineer registered in the State of Florida shall
provide a statement that the containment system will not exceed the structural loading
capacity of the tank when fully erect.
I. The containment system utilized on the tank shall be designed not to impose excessive
loading on the tank, tower and tank appurtenances. Any damage done to the tank or
tower as a direct or indirect result of the enclosure system shall be repaired by the
CONTRACTOR at no additional cost to the OWNER. Neither the ENGINEER nor the
OWNER assume any responsibility for the structural ability of the tank and tower to
support the enclosure system.
J. All equipment shall be parked on ground covers free of cuts, tears or holes to prevent
contamination of pavement or soil and to protect area under and around equipment.
K. If tarps are used as part of the enclosure, the tarps shall be an impervious, solid, flame-
resistant material, reinforced with a fiber mesh and shall allow as much light as
possible to pass through the material.
L. The existing paint being removed from the tank may contain lead and chromium. The
CONTRACTOR shall bear all responsibility to assure that workers take proper safety
precautions when working in a lead and chromium abatement environment.
M. Dust Collectors - Air Filtration Units:
1. Furnish and use a dust collector(s) during all blasting work.
2. Units to be equal in filtration capacity to Eagle Industries dust collectors. Other
units may be approved as equal, but their substitution will be evaluated on
efficiency at 0.5 micron size and airflow movement.
3. Unit shall be 40,000 cfm minimum.
4. Furnish HEPA filters for dust collection.
5. Number of dust collectors shall be sufficient to supply a 50 ft/minute downward
draft at most areas. An average may be considered. Determination of actual
containment plan will be the deciding factor. Calculations of airflow shall be
included in the containment submittal.
6. CONTRACTOR shall use only new filters or filters that are certified clean.
N. All costs of providing the containment system (including air filtration) shall be
included by the CONTRACTOR in the Base Bid.
3.5 REPAIRING THE TANKS
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Countryview & Bluewater Tanks (2014) Job No. 41-459
A. Grout Repair
1. The grout which is between the base plates and the concrete foundations shall be
tested by the CONTRACTOR under the observation of the ENGINEER by using a
sharp 16 oz. hammer.
2. Any missing or loosened portions of grout shall be replaced with a non-shrinking,
non-staining, high-strength structural grout material.
3. The final contour of the grout shall be vertical and flush with the edge of the base
plates, and shall not overlap outside the edge of the base plates.
4. After the grout has hardened sufficiently for the application of a curing compound,
a water-based curing compound shall be applied to the exposed grout surfaces.
5. After cleaning and painting, any separation between the base plates and the grout
greater than 1/32" and less than 5/32" shall be filled with elastomeric sealant.
B. Welding Repairs
1. All welding repairs to the interior or exterior of the tank are to be made prior
to all painting operations.
2. No welding or flame cutting through the existing coating system shall be
permitted, unless adequate worker protection is provided in accordance with the
instructions in ANSI Z49.1, "Safety in Welding and Cutting."
3. Any resulting burrs, weld spatter, sharp edges, corners, or rough welds which
would cause difficulty in applying a holiday-free coating shall be ground smooth.
This grinding is considered incidental to the welding work and is to be included in
the Base Bid.
4. After grinding, these areas shall be cleaned to produce the profile recommended by
the manufacturer of the coating system.
5. Cleaning Areas To Be Welded
a. It shall be necessary to remove the coating prior to the welding of any new
items to the tank.
b. All areas that have been welded and/or ground smooth shall be cleaned prior
to painting to provide proper profile for the coating system.
c. Areas to be welded shall be welded prior to the final cleaning and painting of
surfaces within the heat-affected zone. The heat-affected zone includes the
opposite side of the plate or member being welded. Even if not specifically
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Countryview & Bluewater Tanks (2014) Job No. 41-459
mentioned as a part of the Work under this Agreement, those areas of paint or
coatings in the heat-affected zone of areas not specified to be painted shall be
cleaned and painted in accordance with the requirements listed in these
Detailed Technical Specifications.
C. Pit Filling
1. After an area of steel is abrasive blast cleaned, any pits, rough areas or seams
marked for pit filling or surfacing by the ENGINEER shall be filled with
solventless polyamide epoxy seam sealer of the type recommended by the supplier
of the interior paint system. The epoxy seam sealer shall be applied neatly and
smoothly to the steel surfaces and any rough areas of the seam sealer shall be
sanded smooth prior to the application of the coating system.
2. The CONTRACTOR shall include in his base bid two gallons of pit filler.
D. Seam/Seal Welding
1. All areas of apparent seam deterioration shall be abrasive blast cleaned, and any
seam corrosion or undercut marked by the Engineer shall be repaired by arc-
gouging and welding.
2. The number of linear feet of seam welding shall be paid for by the unit price as
listed in the Bid Proposal.
E. Handrail Addition (in base bid - both tanks)
Fabricate and install a handrail on the exterior of the access tube at the top of both
tanks as depicted in the detailed drawing in the Appendix. Depicted on side of access
tube, but final location (access tube or top of tank) to be determined by OWNER at
time of installation. An additional coat of zinc-rich primer shall be shop-applied to all
replacement parts.
G. Tank Vent (separate bid item - Bluewater Tank only)
Replace tank vent with 24" Pressure Vacuum Vent as manufactured by Newlin’s
Welding and Tank Maintenance (Montezuma, IN - Phone No. (765) 245-2741)
K. Roof Manway (separate bid item - both tanks)
Replace existing 24" roof manway with new 30" roof manway as manufactured by
Newlin’s Welding and Tank Maintenance (Montezuma, IN - Phone No. (765) 245-
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Countryview & Bluewater Tanks (2014) Job No. 41-459
2741). Details included in Appendix. An additional coat of zinc-rich primer shall be
shop-applied to all replacement parts.
L. Target (in base bid - both tanks)
Remove and dispose of existing target, brackets and any associated appurtenances and
seal all penetrations by welding, as applicable, before commencing blasting and
painting operations.
M. Existing Transducer and New Conduit (in base bid – both tanks)
Remove existing transducer and cable under supervision of OWNER’s SCADA
personnel. Install new rigid galvanized conduit from existing transducer tap to RTU
panel, routing down through dry riser. Transducer and cable to be re-installed at later
date by others. Details for conduit in Electrical Drawings in Appendix.
N. Countryview Tank Repairs (in base bid)
1. Replace dry riser entrance door hinges and weatherstrip around door to prevent
entrance by insects.
2. Replace screens on vent and dry riser vents.
O. Bluewater Tank Repairs (separate bid item)
Replace screened end of overflow pipe with weighted flapper and screen to meet FDEP
regulations.
P. Bluewater Tank Repairs (in base bid)
1. Repair door frame before blasting and painting
2. Seal conduit penetrations in dry pillar by welding plates as needed, reducing size
of penetrations to match conduit size.
3. Remove and grind smooth existing old ladder brackets.
4. Replace vent screens.
3.6 REPAINTING THE TANKS
A. General
1. All cleaning and painting shall be done in a workmanlike manner. Curing times
and ventilation requirements of the paint manufacturer shall be strictly enforced by
the CONTRACTOR.
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Countryview & Bluewater Tanks (2014) Job No. 41-459
2. The CONTRACTOR shall have sufficient Wet Film Thickness Gauges and a
calibrated Dry Film Thickness Gauge on the premises during all working hours
after any painting begins.
3. In addition to the minimum and maximum dry film requirements (See Appendix,
Table 1), all sags, runs, pinholes, craters, roller nap, and other irregularities which
would be detrimental to the life or appearance of the coating(s) shall be removed
and repaired at no additional cost to the OWNER.
4. Finish coats shall be uniform in color, hide and sheen (gloss) without streaks, laps,
runs, drips, sags or missed areas.
B. Painting Environment
1. All temperature and humidity requirements of the paint manufacturer's published
product data shall be followed.
2. In addition, no painting shall be done when the relative humidity is greater than
80%, or the temperature of the steel is or is expected to be less than 5 degrees F
above the dew point temperature during application and until the coating has cured
to resist moisture in accordance with the manufacturer's published product data.
3. The CONTRACTOR shall have wet bulb-dry bulb measuring equipment and steel
temperature measuring equipment on the job at all times. Readings shall be
recorded at the beginning and end of each painting session and at no less than two
(2) hour intervals. Wind velocities during exterior painting shall be compatible for
the quality application of the exterior coatings. Measurements shall be recorded on
the Daily Coatings Report.
4. Minimum Temperature
a. Each component shall be maintained at a minimum of 75 degrees F prior to
mixing.
b. The mixed coatings shall also be maintained at a minimum of 65 degrees F
during application.
c. All costs associated with keeping the coating material at the minimum
specified temperature shall be included in the Base Bid.
5. Mixing of Coatings
a. Each component shall be thoroughly mixed on-site with a power agitator in
accordance with the manufacturer’s printed instructions to ensure no pigment
remains on the bottom of the container.
b. An entire kit shall be mixed together to ensure proper ratios of components.
c. The container shall be large enough to hold all components to be mixed,
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Countryview & Bluewater Tanks (2014) Job No. 41-459
including thinner. The combined material shall be thoroughly mixed with a power
agitator that shall be driven by a 3/4" drill motor not exceeding 300 rpm and which
do not cause air entrainment to achieve a uniform consistency.
d. Adherence to proper induction times and re-coat schedule for the combined
coating material shall be in accordance with the manufacturer's published product
data. No coating shall be applied until the minimum induction time has been
reached.
6. Coatings Application
a. Methods of application are at the discretion of the CONTRACTOR as long as the
materials are applied in accordance with the manufacturer's published data and the
end results are in compliance with these specifications (including all others
inferred by reference).
b. Brushes shall be: Purdy Corporation, Professional Quality, Black China Bristle
Series, or Wooster Brush Company Pro 10, Professional Quality, Black China,
sash and trim brushes, or approved equal.
c. Rollers shall be Purdy Corporation, Professional Quality, Lambskin rollers with
phenolic core, or Wooster Brush Company, Professional Quality, Resin/Coat
Rollers, or Premier Lint Free, Epoxy Bonded to Phenolic Core, Premier Richmond
Hill, NY, or approved equal.
d. Techniques shall be used which will not allow coating droplets to travel from the
base of the tank or escape from the containment apparatus.
e. Prior to the cleaning or coating of any surface, the CONTRACTOR shall present a
written plan for approval by the PROJECT REPRESENTATIVE and the
ENGINEER concerning how abrasive and/or paint damage to automobiles and
property will be handled, including a process for quick removal of the abrasive or
paint, and who will do the Work. This approval in no way shall relieve the
CONTRACTOR from the responsibility of settling claims for damage, but is
intended as an avenue to expedite and minimize said claims.
7. Coating Thickness
a. Dry film thicknesses (DFT) specified in the attached painting schedule (see
Appendix, Table 1), are dry mil thicknesses measured in accordance with Steel
Structures Painting Council SSPC-PA-2, Paint Application Specification No. 2,
“Measurement of Dry Paint Thickness with Magnetic Gauges.” Painting
Contractor shall apply additional coats as necessary to achieve the specified
minimum dry film thickness range per coat.
b. The thickness of each type paint is essential to the system's integrity (see
Appendix, Table 1). The addition of mils in a succeeding coat of a different
generic type or formulation to make up for thin preceding coat(s) shall not be
allowed. If a thicker finish coat is needed to hide the underlying darker color on
the exterior of the tank, a thicker coat may be applied, but it shall not exceed the
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Countryview & Bluewater Tanks (2014) Job No. 41-459
maximum allowable thickness recommended by the coating manufacturer.
c. Under no circumstances shall the dry film thickness of an individual coat or of the
total coating system exceed the coating manufacturer's maximum allowable
thickness limit.
f. Dry mil thickness greater than the coating manufacturer's maximum allowable
thickness shall be considered unacceptable and shall be removed by the
CONTRACTOR at no additional cost to the OWNER at the direction of the
ENGINEER and OWNER.
g. Some coatings may require additional coats applied to achieve the specified
thickness when applied by brush or roller. No additional compensation shall be
made for additional coats required to achieve the specified minimum thickness.
8. Surface Conditions
a. The surfaces to be painted shall be free from mud, oil, grease, dust, moisture,
salts, and other foreign material which would cause adhesion or other
problems in the finished product.
b. If field tests by the ENGINEER find questionable amounts of contamination
on the steel surfaces or painted surfaces to be top-coated, a representative of
the paint manufacturer may be called to examine the surfaces in question and
determine if the surfaces are in accordance with these Detailed Technical
Specifications and the manufacturer's published product data.
9. Painting Schedule
a. The tank should be entirely cleaned and primed prior to the start of the
intermediate painting to avoid damage to the topcoats from adjacent cleaning
operations.
b. The primer shall not be applied closer than 6" to the edge of a surface yet to
be cleaned.
c. If the re-coat cycle of the primer prevents completing cleaning and priming of
the tank before applying the intermediate coat, then the CONTRACTOR shall
submit, in writing, a schedule for coating application which will avoid damage
to the intermediate and finish coats when applied close to uncleaned surfaces.
10. Piping
a. The CONTRACTOR shall be responsible for assuring that no foreign material
including, but not limited to paint, abrasive, rags, or tools enter the
inlet/outlet, drain, or overflow piping during the prosecution of the Work.
b. Any material found in this piping at the time the tank is placed back into
service shall be removed at the expense of the CONTRACTOR. To aid in
preventing the entrance of foreign material, the CONTRACTOR shall drain
the pipe and either lower the protective cover to the top of the pipe, tack weld
a plate over the inlet/outlet pipe or place an expandable plug in the pipe.
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Countryview & Bluewater Tanks (2014) Job No. 41-459
c. If a plate is tack welded over the pipe, the plate shall completely cover the
pipe and shall not be removed until the interior and exterior painting is
complete. After the plate is removed the damaged areas of coating and weld
burrs shall be ground smooth and recoated in accordance with the applicable
paragraphs in these specifications.
d. If an expandable plug is inserted in the pipe, the plug shall be placed
approximately 18" down in the pipe to allow for proper coating of the
inlet/outlet pipe.
11. Air Dryer for Compressor
a. Use air dryers sufficient to remove 98% of the moisture from the compressed
air. Size the dryers based on total cfm using manufacturer supplied charts.
Upon request, supply charts to engineer for verification.
b. If the fan is not operable, cease all blasting until the dryer is replaced or
repaired.
c. Supply air dryer with an air draw-off valve to check air for dryness, oil
contamination and cleanliness on the outlet side of the air dryer.
d. For cleaning operations, draw clean air from the outlet side of the air dryer.
C. Preparation and Painting the Tank Wet Interior
1. Surfaces to be Cleaned and Painted:
All interior wet surfaces including the roof, manholes, roof vent flange access tube,
etc., shall be cleaned and painted in accordance with the requirements of this
section.
2. Cleaning Tank and Debris Removal
a. The OWNER will remove all water from the tank which will drain by gravity
through the drain line.
b. The CONTRACTOR shall remove all standing water, mud, and debris from
the tank prior to starting work
3. Surface Preparation
a. The interior surfaces mentioned above in Paragraph 3.05.B.1. shall be cleaned
to a degree of cleanliness equivalent to SSPC-SP10, Near-White Blast
Cleaning by a method approved by the ENGINEER and OWNER.
b. Before the formation of rust and after observation of the surface by the
ENGINEER, all cleaned surfaces shall be primed as specified. Prior to the
application of the finish coat, all seams, rough areas, deviations from smooth
surfaces, pits, bolt heads and nuts, remains of erection lugs and scars, and
corners shall be primed by brush (stripe coat at 2.0 - 4.0 mils) with the primer,
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Countryview & Bluewater Tanks (2014) Job No. 41-459
followed by the finish coat.
c. A sample area of minimum size 2’x 2’ will be cleaned to a degree of
cleanliness equivalent to SSPC-SP10, Near White Blast Cleaning as agreed by
the ENGINEER and CONTRACTOR. After agreement as to degree of
cleanliness, the sample area shall be clear coated and used as a template for
the remainder of the cleaning for this portion of the tank.
4. Seam Sealer
a. After cleaning, seam sealer is to be applied to the roof vent intersection, roof
manhole, tank manhole intersection, piping intersections, and the lap seams to
seal these intersections from moisture. It shall be applied in a workmanlike
manner, being beveled at approximately 45 degrees.
b. The cost of this seam sealing is to be included in the Base Bid.
c. At the CONTRACTOR'S option Filler (see section 2.05, above) and Surfacer
may be applied after the priming of the surface, providing no rust has formed
on any un-coated surfaces (such as crevices between plates).
5. Coating Application
a. The approved coatings for the interior surfaces are intended to comply with
the requirements of AWWA D102-11 Inside Coating System No. 3 (ICS-3,
Modified) with the dry film thickness as specified in the coating schedule.
Acceptable manufacturers and products are shown in the coating schedule.
The CONTRACTOR must submit certifications indicating compliance with
the specifications.
b. Not later than eight hours and before the formation of rust, the cleaned
surfaces (SSPC-SP10) shall be primed with the specified primer applied at a
rate to achieve a 2.5 - 3.5 mils (min.) dry film thickness.
c. The primer coat shall be inspected and approved by the ENGINEER prior to
proceeding with the remaining coats.
d. After approval of the prime coat a finish coat shall be applied at a rate to
achieve 30.0 - 40.0 mils DFT. Roof beams, sharp edges and other difficult to
coat areas shall receive 40.0 – 50.0 mils DFT..
e. The total dry film thickness for the two (2) coat system shall be a minimum of
32.5 mils. All roof beams, sharp edges and other difficult to coat areas shall
have a minimum of 42.5 mils DFT.
f. Paint shall be applied strictly in accordance with the manufacturer's
recommendations.
6. Re-coat Cycle
a. The CONTRACTOR shall review the manufacturer's published product data
for maximum re-coat times for the interior coating system selected for use.
b. If the maximum re-coat window is exceeded prior to application of the
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Countryview & Bluewater Tanks (2014) Job No. 41-459
succeeding coat, then the CONTRACTOR shall prepare the interior surfaces
in accordance with the manufacturer's published product data prior to the
application of the next coat.
c. The cost of this additional surface preparation shall be borne by the
CONTRACTOR with no additional cost to the OWNER.
d. The Contract Time shall not be increased as a result of this additional surface
preparation.
7. Curing
a. Each coat shall be properly cured before the application of any subsequent
coats.
b. The interior wet area coating shall be completely cured and the tank shall not
be filled with water until approved by the ENGINEER and OWNER.
c. The exterior dry coating on the opposite side of water bearing surfaces shall be
completely cured and the tank shall not be filled with water until approved by
the ENGINEER and OWNER.
d. Solvent rub tests, pencil hardness tests, or other industry recognized testing
procedures shall be used as recommended by the manufacturer.
e. The CONTRACTOR shall monitor the torus bottom plate temperature during
the interior coating curing to verify that minimum steel temperature
requirements are satisfied.
8. Ventilation
a. Forced ventilation shall be supplied to the interior of the tank for a continuous
period of at least 48 hours after the final coat has been applied.
b. Adequate ventilation of the tank bottom and other low lying areas of the tank
shall be provided by the CONTRACTOR as required for solvent release and
coating cure. This ventilation shall, at a minimum, be in accordance with
AWWA D102-06.
c. The CONTRACTOR shall furnish, install and operate the equipment that is
necessary to provide forced ventilation to aid curing.
d. If supplementary heating or dehumidification is required to effect curing, the
CONTRACTOR shall furnish, install, and operate the equipment to perform
the supplementary heating or dehumidification required at no additional cost.
9. Testing
a. All interior wet coatings, including those above the high water level, shall be
checked with a wet sponge low voltage holiday detector.
b. Testing shall be done in accordance with Section B.9.3 of AWWA D102-06 in
the presence of the ENGINEER.
c. Any voids indicated shall be repaired by applying more of the finish coat of
paint by brush or roller. The repaired areas shall be retested after the
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Countryview & Bluewater Tanks (2014) Job No. 41-459
appropriate drying time.
d. The coating system must pass the holiday test regardless of the mil thickness
applied to the tank.
D. Preparation and Painting the Tank Exterior
1. Surfaces to be Painted
All exterior surfaces of the tank, including the bowl, tower, rods, turnbuckle
threads, bolts, nuts, pins, brackets, seams, corners, base, pedestals/pillars or legs,
manhole neck of the roof vent, etc., shall be cleaned and painted in accordance
with the paragraphs in this section.
2. Irregular Surfaces
a. Any burns, weld splatter, rough welds, weld overlap, bolts, sharp edges, or
corners of any areas disturbed or installed by the CONTRACTOR'S
operations which would cause difficulty in achieving a defect-free coating
shall be chipped and/or ground smooth.
b. Any pinholes or voids in exterior welds shall be filled with an epoxy seam
sealer. It is not the intent to have these irregular surfaces chipped and/or
ground flush. The objective of the chipping, grinding and/or seam sealing is
to eliminate irregular surfaces to provide a surface that is sufficiently smooth
for the application of a uniform thickness coating without voids. This
chipping, grinding and/or seam sealing is considered incidental to the exterior
painting and is to be included in the Base Bid.
3. Cleaning Tank and Debris Removal
a. The surfaces described in paragraph 3.05.D.1 shall be cleaned to a degree of
cleanliness equivalent to SSPC-SP6, Commercial Blast Cleaning by a method
approved by the ENGINEER and OWNER.
b. A sample area of minimum size 2’x 2’ will be cleaned to a degree of
cleanliness equivalent to SSPC-SP 6, Commercial Blast Cleaning as agreed by
the ENGINEER and CONTRACTOR. After agreement as to degree of
cleanliness, the sample area shall be clear coated and used as a template for
the remainder of the cleaning for this portion of the tank.
4. Coating Application
a. The approved coatings for the exterior surfaces are intended to comply with
the requirements of AWWA D102-11 Outside Coating System No. 4 (OCS-4,
Modified). Acceptable manufacturers and products are shown in the coating
schedule. The CONTRACTOR must submit certifications indicating
compliance with the specifications.
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Countryview & Bluewater Tanks (2014) Job No. 41-459
b. Not later than eight hours and before the formation of rust, the cleaned
surfaces (SSPC-SP6) shall be primed with the specified primer.
c. Should any area exist where the intersection of two (2) members does not
allow the complete cleaning of the intersection and the members cannot be
separated for cleaning (such as anchor bolt washers, clevises, turnbuckles,
etc.), these intersections shall be post-primed with an aluminum platelet
pigmented material suitable for marginally cleaned surfaces. The material
shall be Tnemec 1 Omnithane, or other material approved in writing by the
ENGINEER and recommended by the manufacturer of the exterior paint
system.
d. Following the prime coat application, the exterior surfaces shall receive two
intermediate coats and a finish coat of paint. The colors for the intermediate
coats shall be slightly darker than that chosen for the finish coat, being dark
enough and different enough from one another to visually assure application
and coverage of each subsequent coat, yet light enough to allow proper hiding
of the intermediate coats of paint.
5. Recoat Cycle
a. The CONTRACTOR shall review the manufacturer's published product data
for maximum recoat times for the interior coating system selected for use.
b. If the maximum recoat window is exceeded prior to application of the
succeeding coat, then the CONTRACTOR shall prepare the interior surfaces
in accordance with the manufacturer's published product data prior to the
application of the next coat.
c. The cost of this additional surface preparation shall be borne by the
CONTRACTOR with no additional cost to the OWNER.
d. The Contract Time shall not be increased as a result of this additional surface
preparation.
6. Curing
a. Each coat shall be properly cured before the application of any subsequent
coats.
b. The interior wet area coating shall be completely cured and the tank shall not
be filled with water until approved by the ENGINEER and OWNER.
c. The exterior dry coating on the opposite side of water bearing surfaces shall be
completely cured and the tank shall not be filled with water until approved by
the ENGINEER and OWNER.
d. Solvent rub tests, pencil hardness tests, or other industry recognized testing
procedures shall be used as recommended by the manufacturer.
e. The CONTRACTOR shall monitor the torus bottom plate temperature during
the interior coating curing to verify that minimum steel temperature
requirements are satisfied.
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Countryview & Bluewater Tanks (2014) Job No. 41-459
E. Logos
1. Countryview Tank - The Tank CONTRACTOR shall paint the Okaloosa County
logo on the broadside of the tank. The logo shall be painted using colors to match
the logo (See Appendix for representative detail). Final color selections are on file
at Tnemec. Orientation of the Logo on the tank to be determined by the OWNER.
Diameter of the logo shall be minimum of 20'.
2. Bluewater Tank - The Tank CONTRACTOR shall replace the existing “sailboat”
logo to match as is. Artwork for the logo is not available.
Tank logo paint shall be same as final top coat required by the exterior coating system
F. Safety Climbing Devices
1. The tubular notched galvanized rigid rail safety-climbing devices shall be
removed prior to the cleaning and painting of the ladders.
2. All paint on the device, both existing paint and any paint spilled on the device by
the CONTRACTOR, shall be removed by wiping the device with the proper
solvent.
3. Any rust which has developed on the safety rails shall be removed by power tool
cleaning with Scotch-Brite abrasive discs, then these areas shall be coated with one
coat (2.0 to 3.0 mils thick) of an aluminum platelet pigmented single component
Polyurethane mastic such as Tnemec 530 Omnithane.
4. Any necessary temporary protective devices for compliance with Federal OSHA
requirements, all state and local safety regulations, and safe working practices shall
be furnished and maintained by the CONTRACTOR.
5. After the curing of the ladder paint, the tubular notched galvanized rigid rail safe-
climbing device shall be reinstalled in a secure manner as recommended by the
manufacturer of the climbing device.
6. Any fasteners damaged by the removal and replacement of the device shall be
replaced by the CONTRACTOR at no cost to the owner.
3.7 INSPECTION AND TESTING
A. Testing Coatings
1. If a dispute arises concerning the quality or quantity of the applied coatings;
adhesion tests, Tooke gage inspection, or some other form of destructive testing
may be employed.
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Countryview & Bluewater Tanks (2014) Job No. 41-459
2. If such tests are employed, the OWNER will pay for these tests and the
CONTRACTOR shall repair the damaged coating at no additional costs to the
OWNER regardless of the outcome of the tests.
B. Observation
1. All Work shall be accessible to the ENGINEER using the CONTRACTOR'S
rigging and equipment. If assistance is required for the ENGINEER to safely
inspect the work, the CONTRACTOR shall assist the ENGINEER. The cost of
labor and equipment to assist the ENGINEER shall be included in the Base Bid
contract amount.
C. Hold Points for Required Inspections
The CONTRACTOR shall give the ENGINEER at least 24 hours notice (48 hours if
inspection required on weekend) before each of the following stages in the Work is
completed:
1. any repairs and prior to preparation
2. interior blast (frequency to be determined)
3. installation of prime coat
4. installation of stripe coat
5. exterior blast
6. exterior prime coat
7. exterior stripe coat
8. exterior 1st intermediate
9. exterior 2nd intermediate
Failure to notify ENGINEER as specified may result in removal of any installed
coating or re-work of surface preparation that has occurred since last hold point.
Removal or re-work shall be at the sole discretion of the OWNER and ENGINEER and
shall be at no additional cost to OWNER.
3.8 DISINFECTION OF THE TANK AND PIPING
A. Cleaning
1. After curing and prior to disinfecting, the CONTRACTOR shall wash the tank
interior with potable water to remove all loose paint overspray, dirt, etc.
2. All equipment, including brooms, brushes, spray equipment, and worker's boots,
shall be disinfected before they are used to clean the water storage facility.
3. The CONTRACTOR shall supply an adequate volume of water (20 gpm
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Countryview & Bluewater Tanks (2014) Job No. 41-459
minimum) with sufficient pressure (60 psi minimum at the nozzle) to wash
thoroughly all the interior wet surfaces, including those surfaces above the high
water level.
4. The spent water shall be removed from the tank before filling the tank.
B. Disinfection
1. It is the CONTRACTOR'S responsibility to flush and disinfect the tank until two
(2) consecutive satisfactory water samples are reported from the OWNER'S
laboratory.
2. Method 2 (Section 4.3) of AWWA C652 shall be used for disinfection (spray
method). Material used for disinfection shall be HTH only.
3. The OWNER shall take and send in the samples to the laboratory, but shall assume
no responsibility for the sampling technique or the care of the samples.
4. The stored tank water shall comply with current state and USEPA standards for
organic, inorganic, and biological contaminants as influenced by the operations of
the CONTRACTOR.
3.9 Cleaning and Painting Concrete
A. Preparation
1. The CONTRACTOR shall dig down beside each foundation to expose
approximately 4" more of the concrete than is normally exposed (at least 10" from
the top of concrete).
2. Prior to any digging, the CONTRACTOR shall contact the utility hot line to have
all utilities marked on the site.
3. All concrete areas thus exposed (from the ground to the base plates) shall be
cleaned by brush-off blast cleaning to remove any existing coatings and other
contaminants. This entails lightly abrading the concrete surface without entirely
removing the surface concrete.
4. The aggregate shall not be exposed by the blasting operations.
5. All efflorescence and laitance shall be removed from the surface.
6. The cleaning operation shall be performed to open subsurface holes and voids and
to produce a profile for the proper adherence of the specified coating system
(equivalent to 40-60 grit sand paper).
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Countryview & Bluewater Tanks (2014) Job No. 41-459
7. Bug holes, voids, pinholes, honeycombs and any other concrete imperfections shall
be patched, repaired or filled with 100% volume solids epoxy repair material prior
to coating application.
B. Coating Application
1. All cleaned concrete areas shall be given a two (2) coat roller applied coating.
2. Each coat shall be applied at a rate to achieve a 4.0 - 6.0 mil dry film thickness.
The total dry film thickness shall be 10.0 mils.
C. Backfill
After the coatings have cured and been approved by the ENGINEER, the concrete
structures are to be backfilled to the original grade.
3.10 GUARANTEE AND ANNIVERSARY INSPECTION
A. All Work shall be guaranteed for five years after the date of substantial completion.
This guarantee shall be provided for in the CONTRACTOR'S Performance Bond and
as described in Section 00624, Warranty Attachment.
B. The coatings manufacturer shall provide a 15 year warranty for the exterior coating
system. The warranty shall cover the following:
$ Color Retention
$ Gloss Retention
$ Chalking
$ Checking.
$ Blistering
$ Cracking
$ Delamination
The Contractor shall prepare and field apply the complete specified coating system to a
minimum of (6) panels (to be supplied by Tnemec – size 3” X 6” or larger) of each
exterior finish color identified in the warranty. The (6) field applied sample panels of
each finish color shall be air dried for a minimum of (7) days and shipped to Tnemec
Company prior to final acceptance of the Work. The panels will be checked for
verification of color accuracy and stored as the Original project Color Standards for the
duration of the Warranty Coverage. Upon completion of the work, Tnemec Company
shall forward the signed Warranty document along with two (2) panels of each finish
color to the Owner for retention by the Owner and shall return two (2) panels of each
finish color to the painting contractor
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C. The Owner will notify the Contractor at least 30 days prior to each anniversary date
throughout the five year warranty period and shall establish a date for each
inspection. The tank will be drained, at Owner’s discretion, and the Owner's
representative and the Contractor shall thoroughly inspect all surfaces both inside and
out. Any defects in the coating system shall be repaired by the Contractor at no
additional cost to the Owner. Should a failure occur to 25% of the painted surface,
either interior or exterior, the entire surface shall be cleaned and painted in
accordance with these specifications.
D. The CONTRACTOR shall have at least one gallon of each final coating at the time of
the inspection along with power cleaning tools and "Scotch-Brite" abrasive disks for
spot cleaning.
E. To return the tank into service more quickly, the CONTRACTOR shall also have two
cases of Tnemec FC22 Touch-Up Kits (with appropriate compression gun) to touch
up the interior wet surfaces. Spot repairs shall be made by the CONTRACTOR
before returning the tank back into service. Repairs requiring extensive Work and
rigging may be delayed until a time mutually agreeable to the OWNER and
CONTRACTOR.
F. It is the CONTRACTOR'S responsibility to disinfect the tank in accordance with
AWWA C652-92 until two (2) consecutive satisfactory water samples are reported
from the OWNER'S selected laboratory. All costs associated with the Anniversary
Inspections, including disinfection if required, shall be included in the Base Bid price.
3.11 RESTORATION OF GROUNDS
A. Clean-up
1. The job site shall be kept in a clean and safe condition at all times. Hazards or
nuisances shall be protected at all times.
2. Upon completion of the Work, the job site and all nearby sites impacted by the
Work activities shall be left clean of all debris, cleaning residue, or any other
items resulting from the operations of the CONTRACTOR.
3. The cost of any cleanup which must be done by the OWNER shall be deducted
from funds due the CONTRACTOR. Double layers of plastic sheeting (each at
least 6 mil thick) shall be placed under any compressors, paint pumps, mixers,
welding machines, etc., to prevent oils, solvents, organic compounds, or other
contaminants from leaching into the soil. Any oils, solvents, organic compounds,
or contaminants spilled on the site during the process of the Work shall be
immediately removed and cleaned up by the CONTRACTOR
B The CONTRACTOR shall grade and level the site upon completion of all work and
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Countryview & Bluewater Tanks (2014) Job No. 41-459
grass the site with rye or other type grass that will provide cover to all disturbed
areas. This work shall be completed at no extra pay to the CONTRACTOR.
3.12 REPORTS
A. The CONTRACTOR shall complete the reports included at the end of this section for
this project. The report shall be completed daily and sent to the Owner and Engineer
for their review and records.
B. No progress payments will be authorized for payment until acceptable completed
reports are properly submitted.
3.13 PRODUCT PERFORMANCE CRITERIA
Provide the following product information and manufacturers published performance
data should coatings or coating system be submitted in lieu of the standard of quality
established in the project documents. Should the data not be available in a published
format, or if the duration of the test does not meet the specified requirement, please
respond in the appropriate space with NT (Not Tested).
A. Interior and Exterior Primer
1. Generic Type: Organic Zinc Rich Urethane Primer
2. Special Qualifications: Certified in accordance with ANSI/NSF STD 61 for
contact with potable water in tanks of 1,000 gallons
capacity or greater.
3. Solids By Volume: 63%
4. Zinc Content: 83% by weight
5. Test Criteria:
Test Criteria Test Duration Proposed Product Test Results
Rust @ Scribe:
ASTM B 117 50,000 hours Plane Rust:
Salt Spray (Fog) (Scribed Panel)
Blisters:
Rust @ Scribe:
ASTM G 85
15,000 Hours Plane Rust:
Prohesion Blisters:
ASTM D 4585 Rusting:
4,000 hours
Humidity Blistering:
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Countryview & Bluewater Tanks (2014) Job No. 41-459
ASTM 4541 Average of Three
Report PSI
Adhesion Tests
ASTM G8
Cathodic 30 Days Exposure
Disbondment
Immersion Service 7 years – No
(Potable Water) Failure
B. Exterior 1st Intermediate Coat
1. Generic Type: Polyamidoamine Epoxy
2. Solids By Volume: 67%
3. Special Qualifications: Certified in accordance with ANSI/NSF STD 61 for
contact with potable water in tanks of 1,000 gallons
capacity or greater.
4. Test Criteria:
Proposed Product Test
Test Criteria Test Duration
Results
Rust @ Scribe:
ASTM B 117 10,000 hours
Plane Rust:
Salt Spray (Fog) (Scribed Panel)
Blisters:
Rust @ Scribe:
ASTM G 85
5,000 Hours Plane Rust:
Prohesion
Blisters:
ASTM D 4585 Rusting:
10,000 hours
Humidity Blistering:
ASTM 4541 Average of Three
Report PSI
Adhesion Tests
CS-17 Wheel
ASTM D 4060 Report mg loss / Average of
1,000 Gram Load
Abrasion three tests
1,000 Cycles
Immersion Service Rusting:
2 Years
(Potable Water) Blistering
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Countryview & Bluewater Tanks (2014) Job No. 41-459
C. Exterior 2nd Intermediate Coat
1. Generic Type: Aliphatic Acrylic Urethane.
2. Solids By Volume: 71%
3. Test Criteria:
Test Criteria Test Duration Proposed Product Test Results
Rust @ Scribe:
ASTM B 117 9,000 hours Plane Rust:
Salt Spray (Fog) (Scribed Panel)
Blisters:
Rust @ Scribe:
ASTM G 85
10,000 Hours Plane Rust:
Prohesion Blisters:
ASTM D 4585 Rusting:
4,000 hours
Humidity Blistering:
ASTM 4541 Average of Three
Report PSI
Adhesion Tests
CS-17 Wheel
ASTM D 4060 Report mg loss / Average of
1,000 Gram Load
Abrasion three tests
1,000 Cycles
ASTM D 522 Method B
Flexibility Cylindrical Mandrel
ASTM D 4141,
Gloss Retention:
Method C 500 MJ/m2
Color Change:
(EMMAQUA)
ASTM D 2794
Direct Impact Report in/lbs:
Impact
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Countryview & Bluewater Tanks (2014) Job No. 41-459
D. Exterior Finish Coat
1. Generic Type: Fluoropolymer Urethane.
2. Solids By Volume: 60%
3. Test Criteria:
Test Criteria Test Duration Proposed Product Test Results
Rust @ Scribe:
ASTM B 117 10,000 hours Plane Rust:
Salt Spray (Fog) (Scribed Panel)
Blisters:
ASTM D 4585 Rusting:
3,000 hours
Humidity Blistering:
ASTM 4541 Average of Three
Report PSI
Adhesion Tests
CS-17 Wheel
ASTM D 4060 Report mg loss / Average of three
1,000 Gram Load
Abrasion tests
1,000 Cycles
ASTM D 522 Method A
Flexibility Cylindrical Mandrel
1,500 MJ/m2* Gloss Retention:
ASTM D 4141, UV Exposure Color Change:
Method C
(EMMAQUA) 3,500 MJ/m2* Gloss Retention:
UV Exposure Color Change:
ASTM D 2794
Direct Impact Report in/lbs:
Impact
% Gloss Retention:
ASTM D 4587 16,000 hours
Color Change:
QUV Exposure
Cycle 4: 8 hours UV -
% Gloss Retention:
4 hours condensation 25,000 hours
Color Change:
ASTM D 5031 % Gloss Retention:
5,500 hours
Weatherometer Color Change:
Report: Color Retention
5 Years 45 Degrees Gloss Retention
AAMA 2604-98
South Florida Chalking
Film Erosion
* Values must be presented in UV Exposure and not Global Exposure. Submitting Manufacturer
shall provide a certified copy of the EMMAQUA test Report.
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Countryview & Bluewater Tanks (2014) Job No. 41-459
E. Interior Finish Coat
1. Generic Type: Modified Polyamine Epoxy
2. Solids By Volume: 100%
3. Test Criteria:
Test Criteria Test Duration Proposed Product Test Results
ASTM D 4585 Rusting:
4,000 hours
Humidity Blistering:
ASTM 4541 Average of Three
Report PSI
Adhesion Tests
CS-17 Wheel
ASTM D 4060 Report mg loss / Average of three
1,000 Gram Load
Abrasion tests
1,000 Cycles
Immersion
Potable Water 2 Years
ASTM D 870
Rusting:
Immersion 140F DI Water Blistering:
ASTM D 870 2,000 Hours Cracking:
Delamination:
Edge Retention
Report Edge Retention:
MIL-PRF 23236
Tensile
Tensile Strength:
Strength/Elongation
ASTM D 638
Moisture Vapor
Perms:
Transmission
Metric Perms:
ASTM D 1653
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Countryview & Bluewater Tanks (2014) Job No. 41-459
PRE-JOB CONFERENCE
Project Location
Meeting Place Date Time
Owner General Contractor
Owner Representative
Engineer Representative
Paint Contractor Representative
Paint Manufacturer Representative
All parties have read and understand specifications?
Coating System
Surface Preparation
Preparation Sample
Anchor Pattern
Shop Primer
Mils Dry Film
Required Field Prep.
Field Touch-Up Primer
Mils Dry Film
Dry or Cure Time
1st Finish Coat
Mils Dry Film
Recoat Time
2nd Finish Coat
Mils Dry Film
Recoat Time
3rd Finish Coat
Mils Dry Film
System Min. Dry Film
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Countryview & Bluewater Tanks (2014) Job No. 41-459
DAILY COATING REPORTS
Project Location Date
Contractor Foreman Surface Prep
Date Time Air Temp degrees F
Profile: Spec ; Obtained ; Quality ; Time Completed
Primer: Spec ; Used ; Air Temp degrees F; Surface degrees F
Dew Point degrees F Dry Film: Spec mils; Obtained mils
Paint Spec ; Item Used : Dry Time before Recoat
Cure Time Allowed Dry Film: Spec mils; Obtained mils
Relative Humidity percent; Time Completed
Surface Temp degrees F; Wind Speed mph; Wind Direction _________; Time ________
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Countryview & Bluewater Tanks (2014) Job No. 41-459
TABLE 1 - Coatings Schedule (AS REVISED in ADDENDUM #2 – 2/3/14 to INCLUDE DRY INTERIOR COATINGS)
Prime6 Intermediate #1 Intermediate #2 Final Total System
Coating (mils - DFT) (mils - DFT) (mils - DFT) (mils - DFT) (mils - DFT)
System Surface Prep Product4 Product4 Product4 Product4 Min 5 - Max 5
OCS-4 SSPC-6 Zinc-Rich Primer Epoxy Polyurethane Fluoropolymer Urethane
(Modified) 2.5 - 3.5 3.0-5.0 2.0 - 3.0 2.0 - 3.0 10.0 - 16.5
Series 91-H20 N140 - 1255 1075 Endura-Shield Series 700 HydroFlon
Hydro-Zinc Pota-Pox Plus
ICS-5 SSPC-10 (Immersion) Zinc-Rich Primer 100% Solids Epoxy2 32.5 - 42.5
2.5 - 3.5 30.0 - 40.0 (42.5 - 52.5)3
Series 91-H20 Series FC22
Hydro-Zinc Epoxoline
SSPC-6 (Other Areas) Zinc-Rich Primer Epoxy Epoxy 11.0 - 15.5
2.5 - 3.5 4.0 - 6.0 4.0 - 6.0
Series 91-H20 Series 20 Series 20
Hydro-Zinc Pota-Pox Pota-Pox
Concrete SSPC-7 Acrylic Elastomeric Acrylic
4.0 - 6.0 Elastomeric
Series 156 4.0 - 6.0 10.0
Enviro-Crete Series 156
Enviro-Crete
1
A stripe coat of epoxy shall be applied by brush to all weld seams, ladders, edges, etc., prior to receiving first intermediate coat on exterior
surfaces and prior to the finish coat on interior surfaces.
2
All interior roof beams, sharp edges and other difficult to coat areas shall receive 40.0 – 50.0 mils of epoxy lining
3
Total Dry Film Thickness for roof beams, sharp edges and other difficult to coat areas
4
All products are as manufactured by Tnemec Company, Inc.
5
Mil thicknesses for individual coats shall not exceed manufacturer’s written recommendation.
6
An additional coat of zinc-rich primer shall be shop-applied to the replacement ladders and other replacement parts.
END OF SECTION 09870
Repair & Paint
Countryview & Bluewater Tanks (2014) Job No. 41-459
009870 - 39
APPENDIX
OKALOOSA COUNTY SAND DOLLAR LOGO
POLYENGINEERING, Inc.
Project No. 41-459
Paint and Repair Countryview and Bluewater Water Tanks
