HomeMy WebLinkAbout1998-07-27 Regular Meeting and Workshop Meeting of City Council
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MINUTES OF THE REGULAR MEETING AND WORKSHOP
OF LA PORTE CITY COUNCIL
JULy 27,1998
1. CALL TO ORDER
The meeting was called to order by Mayor Norman L. Malone at 6:00 p.m.
Members of City Council Present: Mayor Norman L. Malone, Councilpersons Chuck
Engelken, Howard Ebow, Alton Porter, Charlie Young and Jerry Clarke.
Members of Council Absent: Councilpersons Guy Sutherland, Deotis Gay and Peter
Griffiths.
Members of City Executive Staff and City Employees Present: Assistant City Manager
John Joerns, Assistant City ManagerlFinance Director Jeff Litchfield, City Attorney
Knox Askins, City Secretary Martha Gillett, Director of Public Works Steve Gillett,
Planning Director Doug Kneupper, Chief of Police Bobby Powell, Director of
Administrative Services Louis Rigby, Assistant Finance Director Cynthia Alexander,
Cash Manger Rick Overgaard, Golf-Pro Alex Osmond, Purchasing Manger Susan
Kelley, City Manager's Secretary Carol Buttler and Assistant Fire Chief John Dunham.
Others Present: Spero Pomonis, Mr. Shoppe, Reverend Selwyn Job and a number of
La Porte Citizens.
2. The Invocation was delivered by Reverend Selwyn Job, St. Marks United Methodist
Church.
3. Council considered approving the minutes of the Regular Meeting, Public Hearing and
Workshop meeting on July 13, 1998.
Motion was made by Council person Engelken to ~p'prove the minutes of July 13. 1998
meeting as presented. Second by Councilperson Clarke. The motion carried
unanimously.
Ayes: Engelken, Ebow, Porter, Young, Clarke and Mayor Malone.
Nays: None
4. PEl'ITIONS, REMONSTRANCES, COMMUNICATIONS, AND CmZENS AND
TAX PAYERS WISlDNG TO ADDRESS COUNCIL
Micheal Ellis, 5511 Katey Lane, Arlington, Texas addressed the Council about the Golf
Car bid being awarded this evening. Mr. Ellis pointed out that although Yamaha Golf
was the low bidder, staff is recommending E Z Go Textron be awarded the bid.
5. Council considered an Ordinance designating the 4.023 mile SH 225 frontage road from
western city limits to SH 146 as 50 MPH.
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July 27, 1998 Minutes - Page 2
City Attorney read: ORDINANCE 95-1466-G - AN ORDINANCE AMENDING
CHAPTER 70, 'TRAFFIC AND VEHICLES", SECTION 70-104 et seq, "FIFfY
Mll..E PER HOUR ZONES", OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE; FOR THE PURPOSE OF DESIGNATING MAXIMUM SPEED LIMITS
UPON STREETS WITHIN THE CITY OF LA PORTE; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUn.TY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED
IN A SUM Nor TO EXCEED TWO HUNDRED DOLLARS; FINDING
COMPLIANCE WITH THE OPEN MEIITINGS LAW; PROVIDING A SAVINGS
CLAUSE AND A SEVERABn.ITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Motion. was made by Council person Engelken to approve the Ordinance as read by the
City Attorney. Second by Council person Ebow. The motion carried unanimously.
Ayes: Engelken, Ebow, Porter, Young, Clarke and Mayor Malone.
Nays: None
6. Council considered an Ordlnance appointing members to various Boards, Commissions,
and Committees, of the City of La Porte.
City Attorney presented summary and recommendation. City Council recommended
Charles Shoppe fill the Alternate 1 position on the Board of Adjustment.
City Attorney read: ORDINANCE 98-2266 - AN ORDINANCE APPOINTING
MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMIITEES, OF
THE CITY OF LA PORTE; PROVIDING A SEVERABll..ITY CLAUSE;
CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council person Clarke to approve the Ordinance as read by the
City Attorney appointin, Charles Sho..ppe to the Alternate 1 position on the Board of
Adiustment. Second by Councilperson Engelken. The motion carried unanimously.
Ayes: Engelken, Ebow, Porter, Young, Clarke and Mayor Malone.
Nays: None
7. Council considered approving an ordinance authorizing the City Manager to execute a
contract with Brooks Concrete, Inc. in the amount of $84,650.00 for construction of the
City-Wide Sidewalk Replacement Project FY 97&98 & Fairmont Parkway Pedestrian
Plan Phase n Project.
Planning Director Doug Kneupper presented summary and recommendation to City
CouDcil and addressed questions.
City Attorney read: ORDINANCE 98-2267 -AN ORDINANCE APPROVING AND
AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND
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July 27, 1998 Minutes - Page 3
BROOKS CONCRETE, INC. FOR CONSTRUCTION OF THE CITY-WIDE
SIDEWALK REPLACEMENT PROJECT FY 97&98 & FAIRMONT PARKWAY
PEDESTRIAN PLAN PHASE ll; APPROPRIATING $84,650.00 TO FUND SAID
CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUWECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilnerson Eng:elken to ap,prove the Ordinance as read by the
City Attorney. Second by Council person Ebow. The motion carried unanimously.
Ayes: Engelken, Ebow, Porter, Young, Clarke and Mayor Malone.
Nays: None
8. Council considered approving an Ordinance authorizing the City Manager to execute a
contract with Daniel's Dump Truck Hauling in the amount of $36,500.00 for demolition
of eleven (11) structures.
Planning Director Doug Kneupper presented summary and recommendation to City
Council and addressed questions.
City Attorney read: ORDINANCE 98-2268 - AN ORDINANCE APPROVING AND
AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND
DANIEL'S DUMP TRU~K AND HAULING, INC. FOR THE DEMOLmON OF
CONDEMNED STRUCTURES; APPROPRIATING $36,500.00 TO FUND SAID
CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council person Clarke to approve the Ordinance as read by the
City Attorney. Second by Councilperson Young. The motion carried unanimously.
Ayes: Engelken, Ebow, Porter, Young, Clarke and Mayor MaIone.
Nays: None
9. Council considered approving an ordinance authorizing the City Manager to execute a
contract with Derk Harmsen Construction Co., Inc., in the amount of $181,852.25 for
construction of the Fire Training Facility Truck Bay/Storage Building and further
authorizing $9,092.61 to be set aside for contingency.
Planning Director Doug Kneupper presented summary and recommendation.
City Attorney read: ORDINANCE 98-2269 - AN ORDINANCE APPROVING AND
AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND
DERK HARMSEN CONSTRUCTION CO., INC. FOR CONSTRUCTION OF THE
FIRE TRAINING FACILITY TRUCK BAY/STORAGE BUILDING;
APPROPRIATING $181,852.25 PLUS A CONTINGENCY OF $9,092.61 TO FUND
SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS
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July 27. 1998 Minutes - Page 4
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council person Clarke to approve this Ordinance as read by the
City Attorney. Second by Councilperson Engelken. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clark and Mayor Malone.
Nays: None
10. Council considered approval of the Consent Agenda. Councilperson Clarke requested
there be a separate discussion on each item.
A. Council considered approval of awarding of bid #0743 for 75 Electric Golf
Cars to E...Z Go Textron for the amount of $133,800.
Golf 'Pro Alex Osmond presented summary and recommendation and answered Council
questions.
B. Council considered approval for an emergency purchase of a replacement
vehicle from Phillpot Ford and appropriating $20,695 from the Motor Pool
Fund.
Motion was made by Council person Porter to approve the consent agenda as
recommended by staff. Second by Councilperson Engelken. The motion carried
unanimously.
Ayes: Council persons Engelken, Ebow, Porter, Young, Clarke and Mayor Malone.
Nays: None
11. Mayor Malone called to Workshop Meeting to order at 6:34 P.M.
Public Works Director Steve Gillett presented a list of questions for Council to answer
with regards to speed humps. Council directed Mr. Gillett to make changes in the draft
policy and present to Council for approval at the next Council meeting.
Mr. Roy Baldwin, 3526 Gladwyn, La Porte, Texas spoke to Council advising them he
and other citizens in his subdivision are in favor of speed humps.
12. Mayor Malone adjourned the Workshop Meeting at 7:32 P.M.
13. ADMINISTRATIVE REPoRTS
Assistant City Manager John Joerns informed Council of the following items:
Mr. Joerns reminded Council the Breakfast With The Stars will be held on August 5,
1998.
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July 27, 1998 Minutes - Page 5
Mr. Joerns reminded Council the New Teacher's Luncheon will be held on August 3,
1998.
Mr. Joerns was pleased to announce the Wave Pool opened today after extensive
repairs were made. There were approximately 250 citizens at the pool today.
Mr. Joerns requested everyone to keep former Councilperson Maxwell in their prayers
as he is in serious condition at this time.
Lastly, Mr. Joerns informed Council he placed an Executive Summary from the Port of
Houston in their mailboxes.
14. COUNCIL ACTION
Councilpersons Engelken, Ebow, Porter, Young, Clarke and Mayor Malone brought
items to Council's attention.
15. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPI'ER 551.071 THROUGH 551.076, AND 551.084,
TEXAS GOVERNMENT CODE, - (CONSULTATION WITH
ATIORNEY, DELIBERATION REGARDING REAL PROPERTY,
DELIBERATION REGARDING PROSPECTIVE GIFf OR DONATION,
PERSONNEL MATTERS, CONFERENCE WIm EMPLOYEES
DELIBERATION REGARDING SECURITY DEVICES, OR
EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS
IN AN INVESTIGATION)
A~ 551-072 (REAL PROPERTY)
MEET WITII CITY MANAGER AND CITY ATfORNEY ON LAND
ACQUISmON
B. SECTION 551.074 - (pERSONNEL MA'ITER)
DISCUSS APPOINTMENTS TO BOARDS AND COMMISSIONS
Council did not retire to an Executive Session on this matter as it was discussed and
voted on during the Regular Meeting.
16. CONSIDERATION AND POSSmLE ACTION ON ITEMS CONSIDERED
IN EXECUTIVE SESSION
Council returned to the table at 8:02 P.M. with no action taken on item A.
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July 27, 1998 Minutes - Page 6
17. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 8:03 p.m.
Respectfully submitted,
<--1Ylwec O. !/AffitJ
Martha A. Gillett
City Secretary
Passed and approved on this 10th day of August, 1998.
~~~
Norman L. Malone, Mayor
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REouA FOR CITY COUNCn.. AGENDA &
Agenda Date Requested: July 27. 1998
Requested By: S. Gillett ~D.P.rtmeut: Public Works
_ Report _ Resolution XXX. Ordinance
Exhibits:
Ordinance No. 98-1466
Request from Texas Department of Transportation
SUMMARY & RECOMMENDA nON
The Texas Department of Transportation has conducted speed limit studies along the feeder of 8H 225 from 8H
146 to Loop 610. The section offeeder road within the City of La Porte is recommended to be posted at 50 MPH
to conform with the entire length of SH 225. The attached ordinance was requested by the Texas Department of
Transportation to enact this speed limit. The Department will, upon passage, install and maintain all signage.
Action Required by Council: Approve Ordinance No. 98-1466 designating the 4.023 mile SH 225 frontage
road from the western city limits to SH 146 as 50 MPH.
Availability of Funds:
General Fund Water/Wastewater
_ Capital Improvement_ General Revenue Sharing
Other
Account Number: N/ A
Funds Available: YES NO
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FROM THE DESK OF MARTHA GIUETr
CITY SECRETARY
CITY OF LA PORTE, TEXAS
July 27, 1998
The attached ordinance goes with item number 5. It was recelvedfrom the City Attorney's Office tifter
the agenda lIias distributed.
Than1cs
Manha14
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ORDINANCE NO. 95-1466-~
AN ORDINANCE AMENDING CHAPTER 70, "TRAFFIC AND VEHICLES", SECTION
70-104 et seq, "FIFTY MILE PER HOUR ZONES", OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE; FOR THE PURPOSE OF DESIGNATING MAXIMUM
SPEED LIMITS UPON STREETS WITHIN THE CITY OF LA PORTE; PROVIDING
THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL"BE FINED
IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, Section 545.356 of the Texas Transportation Code provides that
whenever the governing body of the City of La Porte shall determine upon the basis of an
engineering and traffic investigation that any prima facia speed therein set forth is greater
or less than is reasonable or prudent under conditions found to exist at any intersection or
other place or upon any part of a street or highway within the City of La Porte, taking into
consideration, but not limited to, the width and condition of the pavement and other
circumstances on such portion of said street or highway, as well as the usual traffic
thereon, said governing body may determine and declare a reasonable and prudent
prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be
effective when "appropriate signage giving notice thereof is erected at such intersection or
other place or part of the street or highway; and
WHEREAS, the City Council of the City of La Porte has directed that an
Engineering and Traffic Investigation take place for the purpose of ascertaining
reasonable and prudent prima facie speed limits upon State Highway 225 frontage roads
from the west city limits of La Porte to State Highway 146 within the City of La Porte; and
WHEREAS, the results of said Engineering and Traffic Investigation have become
known unto the City Council of the City of La Porte; and
ORDINANCE NO. 95.66----.:fL
Page 2
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WHEREAS, the City Council of the City of La Porte finds that it is consistent in
promoting the health, safety, and welfare of the citizens of the City of La Porte to
designate and alter heretofore established maximum speed limits upon State Highway
225 from the west city limit to State Highway 146 in the City of La Porte, based u'pon the
results of said engineering and traffic investigation;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section 1. Upon the basis of an engineering and traffic investigation heretofore
made as authorized by the provisions of Section 545.356 of the Texas Transportation
Code, Chapter 70 "Traffic and Vehicles", Section 70-104, "Fifty mile per hour zones", of
the Code of Ordinances of the City of La Porte is hereby amended by setting out
subparagraphs and adding a subparagraph to read as follows, to-wit:
"Section 70-104. Fifty mile per hour zones.
The following streets or portions of such streets shall constitute special speed
zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of
speed in excess of 50 miles per hour in any such zone:
(1) Along Underwood Road from State Highway 225 to North P Street, a
distance of 6;500 feet, 1.23 miles;
(2) Along State Highway 225 frontage roads (east bound and west bound) from
the west city limit of La Porte to State Highway 146, a distance of
approximately 4.023 miles.
(Code 1970, ~ 25-23 0))"
Section 2. The City Council officially finds, determines, recites, and declares that
a sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
ORDINANCE NO. 95!66-~
Page 3
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time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 3. If any section, sentence, phrase, or clause, or any part of any section,
sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this ordinance, and it is hereby declared to be the intention
of this City Council to have passed each section, sentence, phrase, or clause, or part
thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part
thereof, may be declared invalid.
Section 4. Any person, as defined in Section 1.07(28), Texas Penal Code, who
shall violate any provision of this ordinance, shall be deemed guilty of a misdemeanor and
upon conviction shall be punished by a fine not to exceed Two Hundred Dollars
($200.00).
Section 5. All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict only.
Section 6. This ordinance shall be effective fourteen (14) days after its passage
and approval, and upon the erection of speed limit signs giving notice of the new speed
limit established herein The City Secretary shall give notice of the passage of this
ordinance by causing the caption hereof to be published in the official newspaper in the
City of La Porte at least twice within ten (10) days after the passage of this ordinance.
ORDINANCE NO. 95t66-~
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PASSED AND APPROVED, this j!J!!: day of :::JUl-1
CITY OF LA PORTE
COpy
,1998.
By:4~~~.
. orman L. Malone,
Mayor
ATTEST:
~L_
a ha Gillette,
City Secretary
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SPEED ZONE ORDINANCE
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED
LIMITS ESTABLISHED FOR VEHICLES UNDER THE
PROVISIONS OF ARTICLE 6701D, VERNON'S TEXAS CIVIL
STATUTES, UPON. THE BASIS OF AN ENGlNEERING AND
TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND
IDGHW AYS, OF PARTS THEREOF, WITIIIN THE
CORPORATE LIMITS OF LA PORTE, AS SET OUT IN TIllS
ORDINANCE; AND PROVIDING A PENALTY OF A FINE
NOT TO EXCEED $200 FOR THE VIOLATION OF TIllS
ORDINANCE.
WHEREAS, Article 6701D, Vernon's Texas Civil Statutes, provides that whenever the
~ove~a body of the. City ~haIl detennin~ upon the. basis of an engine~g and traffic
mvestlgatlon that any pnma faCIe speed therem set forth IS greater or less than IS reasonable or
safe under the conditions found to exist at any intersection or other ~lace or upon any part of a
street of highway within the City, taking into consideration the width and condition of the
pavement and other circumstances on sucn portion of said street or highway, as well as the usual
traffic thereon, said governing body may determine and declare a reasonable and safe prima facie
speed limit thereat or thereon by the passage of an Ordinance, which shall by effective when
appropriate si~s giving notice thereof are erected at such intersection or other place or part of
tile street of hIghway;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCn. OF LA PORTE,
TEXAS:
Section 1. Upon the basis of an engineering and traffic investigation heretofore made as
authorized by the provisions of Article 6701D, Vernon's Texas Civil Statues, the following prima
facie speed limits hereafter indicated for vehicles are hereby determined and declared to be
reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for
vehicles traveling upon the named streets and highways, or parts thereof, described as follows:
(A) Along SH 225 frontage roads from the west city limit of La Porte to SH 146, a distance of
approximately 4.023 niiIes, 50:MfH. '
Section 2. Any person violating any of the provisions of this ordinance shall by deemed guilty of a
misdemeanor and upon conviction thereof shall by fined in any sum not more than Two Hundred
Dollars ($200)
PASSED AND APPROVED TInS day of . 19_"
ATTEST:
APPROVED:
City Secretary
Mayor
..L.e, ~l.~ ~l~.'S~ J.~\ L! Iq, ~~b. .
_ ,.... . " <.. r-. ~ ,,~[P)y
I Texas Department of Transportation
P.O. BOX 1386. HOUSTON, TEXAS n251-1386. (713) 802.5000
July 1, 1998
RECEIVED
CONTAC : SGW.TE
Speed Zoning
Harris County
SH 225 Frontage Roads
within the City of La Porte
Control 502-1
JUl 0 7 1998
CITY SECRETARY'S
OFFICE
The Honorable Norman L. Malone
Mayor, City of La Porte
P. O. Box 1115
La Porte, Texas 77572
Dear Mayor Malone:
Our office recently completed a speed zone study along SH 225 frontage roads within the
City of La Porte. Our recommendations are shown on the attached strip maps numbered
40570 and 4057E. These maps reflects our suggested changes in the existing speed
zones. Included is a copy of a prepared speed zone ordinance suggested by the Texas
League of Municipalities containing the recommended zones.
If you concur with the recommended zones, please furnish this office with two copies of
your executed ordinance. Upon receipt of the new ordinance we will make the necessary
signing changes.
If you should have any questions, please contact me at (713) 802-5171 or
Mr. Chris R. Graham at (713) 802-5830.
Sincerely,
'" ~ '"::) ~
-<6~tJ. W"-~~ \,-'
Sally G. Wegmann, P.E.
Director of Transportation Operations
Houston District
CRG
Alttachrnents .
cc: Mr. Chris R. Graham
An Equal Opportunity Employer
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ORDINANCE NO. 98-2266
AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND
COMMZTTEES, 01' THE CITY 01' LA PORTE; PROVZDING A SEVERABILITY
CLAUSE; CONTAINZNG A REPEALING C: .IANCE WITH THE
OPDl MEETINGS LAW; PROVIDING AN 01'.
BE IT ORDAINED BY THE CITY
CdyJ~ - tJe
OF LA PORTE:
section 1. The City Count
makes the following' appointmenJ
I
a Porte hereby
iijustment, for
terms expiring on May 30th of tne--year --indicat:ea,- -or until their
successors shall have been duly appointed and qualified:
Alternate 1
Charles Schoppe
2000
section 2. If any section, sentence, phrase, clause or any
part of any section, sentence, phrase, or clause, of this ordinance
'shall, for any reasons, be held invalid, such invalidity shall not
affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this City Council to have passed
each section, sentence, phrase or clause, or part thereof,
irrespective of the 'fact that any other section, sentence, phrase
or clause, or part thereof, may be declared invalid.
Section 3. All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict only_
section 4. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the pUblic at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
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matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 5. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 27th day of July, 1998.
. C:jJY OF LA~OR E
By: ./j,)'Jrlfi J t!Z ~
, ~rman L. al ne' '--.
Mayor
ATTEST:
~...tf)()jjj AJ 0, j(.IlM
Martha A. Gillett
City Secretary
~: 1"" J /:'/
~.'W~~
Knox W. Askins .
City Attorney
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REQUEI FOR 'CITY COUNCIL AGEAA ITEM
Agenda Date Requested: July 27, 1998
Requested By: Doug Kneupp~ Department: Planning
Report Resolution X Ordinance
Exhibits: Ordinance
Bid Tabulation
Bidder's List
Summary & Recommendation
As part of the FY 97-98 Budget for Capital Improvement Projects, City Council approved
$50,000 for the City-Wide Sidewalk Replacement Project, and $34,650 for the Fairmont
Parkway Pedestrian Plan Phase II. The City-Wide Sidewalk Replacement Project consists of
the replacement of existing sidewalks in eight different subdivisions throughout the city. The
Fairmont Parkway Pedestrian Plan is the second phase of new sidewalks and wheelchair
ramps along the north R-O-W of Fairmont Parkway from S. 5th Street west to SH 146.
Survey, design and engineering were performed on this project utilizing City staff. On July
16, 1998, the City received competitive bids from five qualified contractors (see attached Bid
Tabulation). The low bid was submitted by Brooks Concrete, Inc. of Pasadena, Texas in the
amount of $68,424.00.
Staff has reviewed the bids submitted and determined the low bid from Brooks Concrete, Inc.
is within the budgeted amount and Brooks Concrete, Inc. is qualified to perform this work.
Staff recommends that the City Council authorize the City Manager to execute a contract
with Brooks Concrete, Inc. in the amount of $68,424.00 for construction of the City-Wide
Sidewalk Replacement Project FY97-98 & Fairmont Parkway Pedestrian Plan Phase II. In
addition, it is recommended that the remaining funds of $16,226.00 be utilized by Brooks
Concrete for additional sidewalk repair, for a total of $84,650.00 for the project.
Action Required by Council:
Consider approving an ordinance authorizing the City Manager to execute a contract with
Brooks Concrete, Inc. in the amount of $84,650.00 for construction of the City-Wide
Sidewalk Replacement Project FY 97-98 & Fairmont Parkway Pedestrian Plan Phase II
Project.
Availability of Funds:
General Fund
X Capital Improvement
Other
Water /W astewater
General Revenue Sharing
Account Number:
015-9892-709-1100
Funds Available: X Yes
No
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ORDINANCE NO. 98- 226"7'
copy
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND BROOKS CONCRETE, INC.
FOR CONSTRUCTION OF THE CITY-WIDE SIDEWALK
REPLACEMENT PROJECT FY 97-98 & FAIRMONT PARKWAY
PEDESTRIAN PLAN PHASE II; APPROPRIATING $84,650.00 TO
FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement, or other undertaking described in the title of this
ordinance, in substantially the form as shown in the document which is
attached hereto and incorporated herein by this reference. The City
Manager is hereby authorized to execute such document and all related
documents on behalf of the City of La Porte. The City Secretary is hereby
authorized to attest to all such signatures and to affIx the seal of the City
to all such documents. City Council appropriates the sum of $84,650.00
from Capital Improvement Fund 015 to fund said contract.
Section 2. The City Council officially fInds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
subject' of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
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CQ;CQ)[PY
ORDINANCE NO. 98- 2267
open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 27th day of July, 1998.
By:
~~/--
'No an L. alone,
Mayor
ATIEST:
A~.tJ
~ox W. Askins,
City Attorney
CITY OF LA PORTE # 98-4503
CITY-WIDE SIDEWALK REPLACEMENT FY 98-99 &
FAIRMONT PARKWAY PEDESTRIAN PLAN PHASE II
BID TABULATION
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Brooks Concrete Y 180 $68',424.00
Purtis Construction ,y 120 $69,241.30
Derk Harmsen Construction y 120 $88,305.00
Bill McDonald Construction, Inc. Y 150 $94,081.00
MT Contractors Y 90 $106,416.00
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CITY OF LA PORTE
CITY -WIDE SIDEWALK REPLACEMENT PROJECT FY 97-98 &
FAIRMONT PARKWAY PEDESTRIAN PLAN PHASE II
CLP PROJECT #98-4503
Advertising
The Bayshore Sun - July 1 & July 8, 1998
La Porte-Bayshore
Chamber of Commerce
Bid Notice Faxed
Bill McDonald Construction, Inc.
702 Undenvood Road
Deer Park. TIC 77536
Brooks Concrete, Inc.
4018 Allen-Genoa
Pasadena, TIC 77504
Conrad Construction Company
PO Box 841134
Houston, TIC 77284
David Wight Construction Company
4300 Mandale
Alvin, TIC 77511
Derk Hannsen Construction
2820 Center Street
Deer Park. TIC 77536
Follis Construction
III N. Broadway
La Porte, TIC 77571
FORCE Corporation
PO Box 1079
LaPorte, TIC 77572-1079
Jaho, Inc.
2003 Wilson Road
Humble, TX 77396
Moore & Moore General Contractors
PO Box 1517 '
LaPorte, TX 77572-1517
Parle Constructors
PO Box 986
Rosenberg, TX 77471
Pas-Key Construction Services, Inc.
2129 Preston
Pasadena, TX 77053
Purtis Construction
14710 Parle Alameda
Houston, TIC 77047
R.L. Utilities
PO Box 1154
La Porte, TIC 77571
Contractors That Picked Up Plans & Soecifications
Bill McDonald Construction, Inc. Brooks Concrete, Inc.
702 UndenvoodRoad, 4018 Allen-Genoa
Deer Park. TIC 77536 Pasadena, TIC 77504
Derlc Hannsen Construction
2820 Center Street
Deer Park. TIC 77536
DT Construction, Inc.
107 W. First Street, Suite 207
Humble, TX 77338
Follis Constru~on
III N. Broadway
La Porte, TX 77571
MT Contractors Company
PO Box 630674
Houston, TX 77263
Purtis Construction
14710 Parle Alameda
Houston, TIC 77047
Steven R Hill Construction
7782 Hammerly
Houston, TIC 77055-1748
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SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
CITY WIDE SIDEWALK
REPLACEMENT PROJECT FY 97-98
& FAIRMONT PARKWAY
PEDESTRIAN PLAN PHASE II
CLP PROJECT NO. 98-4503
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CITY OF LAPORTE, TEXAS
JULY 1998
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CITY OF LA PORTE
CITY WIDE SIDEWALK REPLACEMENT PROJECT FY 97-98 &
FAIRMONT PARKWAY PEDESTRIAN PLAN PHASE II
ClP Project No. 98-4503
TABLE OF CONTENTS
SECTION
NO. OF PAGES
NOTICE TO BIDDERS........~.................................................................................................... 1
SCOPE OF WORK................................................................................................................... 1
REPLACEMENT LOCATIONS ........ ........................................... ............ ......... ......................12
INSTRUCTIONS TO BI DOERS....................................................................................... ....... ,4
BID PROPOSAL. ......... .............................................................................................................. 6
AGREEMENT ...........................................................................................................................2
PAYMENT BOND......................................................................................................................2
PERFORMANCE BOND. ..~................................................................................... ...................2
GENERAL CON DITIONS................................................................................... ................... .42
SUPPLEMENTARY CONDITIONS .. ............................................................~.......................1 0
TECHNICAL SP.ECIFICA TIONS.......................................................................................... ..19
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. NOTICE TO BIDDERS
CLP Project No. 98-4503
1. Sealed bids, in duplicate" on the original fonns, signed by an officer of the
Company, and addressed to Martha Gillett, City Secretary, City of La Porte, 604 W.
Fainnont Parkway, P.O. Box 1115, La Porte, Texas 77572-1115 will be received
until 4:00 PM, Julv 16th. 1998, for the construction of:
CITY OF LA PORTE
CITY WIDE SIDEWALK REPLACEMENT PROJECT FY 97-98 &
FAIRMONT PARKWAY PEDESTRIAN PLAN PHASE II
CLP PROJECT NO. 98-4503
2. Bidders are requested to attend a pre-bid conference to be held in the Council
Chambers at City Hall, 604 W. Fainnont Parkway, La Porte, Texas, on Julv 9th.
1998, at 10:00 AM.
3. Interested contractors may obtain plans, specifications and necessary bidding
infonnation at no cost from:
CITY OF LA PORTE
PLANNING DEPARTMENT
604 W. FAIRMONT PARKWAY
LA PORTE, TEXAS 77571
(281) 471-5020
4. Each PROPOSAL shall be accompanied by a cashier's check, certified check, or
bid bond from a surety company licensed in the State of Texas in an amount not
less than five percent (5%) of the total amount bid, as a guarantee that the
successful bidder will enter into a Contract and execute the Bond(s) if required,
within ten (10) days after the receipt of the Contract Documents.
5. The City of Porte hereby notifies all bidders that in regard to any Agreement
entered into pursuant to this advertisement, minority business enterprises will be
afforded equal opportunities to submit bids in response to this invitation and will not
be discriminated against on the grounds of race, color, sex, age, religion or national
origin in consideration for an award.
6. The Owners reserve the right to reject any and all bids and to waive infonnalities in
bidding. In case of ambiguity or lack of clearness in stating the prices in the bid, the
Owner reserves the right to col'ilsider the most advantageous construction thereof or
to reject the bid.
CITY OF LA PORTE
'1Vla.ulra, a../1 ~
Martha Gillett
City Secretary
Notice to Bidders 1 of 1
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SCOPE OF WORK
CLP Project No. 98-4503
City Wide Sidewalk Replacement Proiect
,
Project consists of the removal of existing sidewalks and replacement
being with either sidewalk or wheel chair ramps. Wheel chair ramps shall
meet the minimum criteria as established by the American Disabilities Act.
Removed concrete shall become the property of the contractor and
removed from the site.
Fairmont Parkway Pedestrian Plan
Project consists of new sidewalks and wheel chair ramps along the north
R-O-Wof Fairmont Parkway from South 5th St west to SH 146. Closure
of Fairmont Parkway's northernmost lane, one block at a time shall be
permissible. Sufficient signage shall be necessary. Spoils shall become
the prop~rty of the contractor
Performance and Payment Bonds shall be required for these projects.
Scope of Work. 1 'of 1
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REPLACEMENT LOCATIONS
CLP Project No. 98-4503
Totals
Linear Feet Der Subdivision
Fairmont Park Central 857 L. F.
Fairmont Park West. 344 L.F.
F airmont Park East 74 L.F.
College View I Brookglen 85 L. F.
Glen Meadows 165 L.F.
Creekmont 216 L.F.
Monument Estates o L.F.
Town of La Porte o L.F.
Shady River 230 L. F.
Baypoint Townhouse 51 L.F.
Total:
2022 LF
Key to Abbreviations:
WCR = Wheel Chair Ramp
MH = Man Hole
GVB = Gate Valve Box
Replacement Locations 1 of 12
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Fainnont Park Central
, Total: 857 LF
Old Orchard Street
Address
Description
Quantity
10258
Sidewalk & WCR
55.3 LF
Totals
55.3 LF
Catlett Lane
Address Description Quantity
10231 Sidewalk 40.5 LF
10303 Sidewalk & WCR 88.9 LF
10307 Sidewalk 38.9 LF
10315-10319 Sidewalk 26.0 LF
10326-10330 Sidewalk 17.6 LF
10327 Sidewalk 41.4 LF
10318 Sidewalk 31.0 LF
Totals 284.3 LF
Antrim Lane
Address Description Quantity
10335-10339 Sidewalk 56.1 LF
10302 Sidewalk 17.1 LF
Totals: 73.2 LF
Belfast Street.
Address Description Quantity
10235-10239 Sidewalk 9.2 LF
10323 Sidewalk 18.0 LF
10331-10335 Sidewalk 30.8 LF
10334-10338 Sidewalk 40.7 LF
10335-10339 Sidewalk 54.6 LF
Totals:
153.3 LF
Replacement Locations 2 ~f 12
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Fainnont Park Central (cont.)
Carlow Lane
Address
Description
Quantity
10226
Sidewalk
51.0 IF
Total :
51.0 LF
Winding Trail
Address
Description
Quantity
10202
10347
10351
10422-10426
Sidewalk & WCR
Sidewalk
Sidewalk
Sidewalk
33.5 IF
70.0 IF
31.0 IF
27.7 IF
Total:
162.2 LF
Quiet Hill
Address
Description
Quantity
10423
Sidewalk
10.0 IF
Total: 10.0 LF
Rustic Rock
Address Description Quantity
10415 Sidewalk 9.0 IF
Total: 9.0 LF
Collingswood
Address Description Quantity
10406 Sidewalk a.OlF
Total : 8.0 LF
Replacement locations 3 of 12
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Fainnont Park Central (cont.)
Rocky Hollow
Address
Description
Quantity
10459
Sidewalk & WCR
51.0 LF
Total:
51.0 LF
Fainnont Park West
Total: 344 LF
Roseberry Lane
Address
Description
Quantity
3319 (West side of street)
3603
10106
10115
Sidewalk
Sidewalk
Sidewalk
Sidewalk
31.0 LF
10.0 LF
7.9 LF
8.0 LF
56.9 LF
Total:
Rocky Hollow
Address Description Quantity
10122 Sidewalk 6.0 LF
Total: 6.0 LF
Catlett Lane
Address Description Quantity
9819 Sidewalk 31 LF
9927 Sidewalk & WCR 24 LF
Total: 55.0 LF
Antrim
Address Description Quantity
10030 Sidewalk 19.0 LF
Total : 19.0 LF
Replacement Locations 4 of 12
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Fainnont Park West (Cont.)
Dover Hill
Address Description Quantity
9807 Sidewalk 5.0LF
Total: 5.0 LF
Willmont
Address Description Quantity
3918 Sidewalk & WCR 24.0 LF
Total: 24.0 LF
Parkmont
Address Description Quantity
Between. Doverhill &
Stonemont (Eastside) Sidewalk 20.0 LF
Total: 20.0 LF
Rustic Gate
Address Description Quantity
10127 Sidewalk 32.0 LF
9743 Sidewalk 14.0 LF
Total: 46.0 LF
Rustic Rock
Address Description Quantity
10002 Sidewalk & WCR
& Adjust MH 26.8 LF
Total: 26.8 LF
Replacement Locations 5 of 12
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Fainnont Park West (Cont.)
Shell Rock
Address
Description
Quantity
10010
10118
Sidewalk
Sidewalk
4.0LF
35.0 LF
Total:
39.0 LF
Cedannont
Address
Description
Quantity
Between Rustic Rock &
Shell Rock (Eastside)
Between Wilmont &
Clarmont (Westside)
Sidewalk
8.0 LF
Sidewalk & Adjust MH
11.0 LF
19.0 LF
Total:
Maplewood
Address
Description
Quantity
3814 (Across the street)
3622
3602
Sidewalk
Sidewalk & Adjust MH
Sidewalk
7.0 LF
10.0 LF
10.0 LF
Total:
27.0 LF
Fainnont Park East
Total: 74 LF
Redbud
Address
Description
Quantity
3835
Sidewalk (No. Side)
5.0LF
Total :
5.0 LF
Repl~cement Locations 6 of 12
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Fainnont Park East (Cont.)
Mesquite
Address
Description
Quantity
10838
10839
Sidewalk
Sidewalk
11.0 LF
13.0 LF
Total.
24.0 IF
Birch
Address
Description
Quantity
10939
Sidewalk .
7.0LF
Total:
7.0 LF
Mulberry
Address
Description
Quantity
10850
N.E. Cor. Mulberry & Fleetwood
Total:
Sidewalk
Sidewalk & WCR
21.9 LF
6.3LF
28.2 LF
Dogwood
Address
Description
Quantity
10850
Sidewalk & Adjust GVB
4.2 LF
Total :
4.2 LF
Linwood
Address
Description
Quantity
10848
Sidewalk
5.7 LF
Total:
5.7 LF
Replacement Locations 7 of 12
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~olleae View Subdivision I Brookalen
Total: 85 LF
Collingsdale
Address
Description
Quantity
8706
Sidewalk & WCR
42.0 LF
Total:
42.0 LF
Beechhaven
Address
Description
Quantity
8818
\ Sidewalk & WCR
39.0 LF
Total:
39.0 LF
Bandridge
Address
Description
Quantity
8422
Sidewalk & Adjust MH
4.0LF
Total :
4.0 LF
Replacement Locations 8 of 12
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Glen Meadows Subdivision ICont)
Meadow Crest
Address Description Quantity
5025 Sidewalk 8.2 LF
Total: 8.2 LF
Glen Valley
Address Description Quantity
5002 Sidewalk 9.5 LF
Total: 9.5 LF
Meadow Place
Address Description Quantity
4919 Sidewalk 28.0 LF
5013 Sidewalk 7.0 LF
5206 Sidewalk 6.0 LF
Total: 41.0 LF
Farrington Blvd.
Address Description Quantity
Between. Spencer &
Creekview "(Wests ide) Sidewalk 68.3 LF
Total: 68.3 LF
Creekmont Subdivision
Total: 216 LF
Heather Springs
Address Description Quantity
606 Sidewalk 20.0 LF
610 Sidewalk 11.3 LF
Total : 31.3 LF
Replacement Locations 9 of 12
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Creekmont Subdivision ICont.)
Myrtle Creek
Address
Description
Quantity
Dance World Studios (Wests ide)
Sidewalk & Adjust GVB
5.0 LF
5.0 LF
Total:
Rock Springs
Address
Description
Quantity
5513
Sidewalk & Adjust MH
24.0 LF
Total:
24.0 LF
Sugar Creek
Address
Description
Quantity
5426
5609
Sidewalk
Sidewalk
14.0 LF
6.2LF
Total :
20.2 LF
Canyon Springs
Address
809 ( South side of street)
1017
1102
Description
Sidewalk
Sidewalk
Sidewalk & WCR
Adjust MH
Quantity
18.1 LF
4.0LF
25.0 LF
Total:
47.1 LF
Replacement Locations 100; 12
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Creekmont Subdivision (Cont.l
Pine Creek
Address Description Quantity
5409 Sidewalk & WCR
Adjust MH 36.0 LF
Total: 36.0 LF
Maple Creek
Address Description Quantity
1154 Sidewalk & WCR
Adjust MH & GVB 27.0 LF
Total: 27.0 LF
Otter Creek
Address Description Quantity
S.E. Cor. Otter Creek & Pine Creek WCR & Adjust MH 6.0 LF
Total: 6.0 LF
Beaver Creek
Address Description Quantity
5505 Sidewalk 7.6LF
5433 Sidewalk 11.9 LF
Total: 19.5 LF
Replacement Locations 11 of 12
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Shadv River Subdivision
Total: 230 LF
Hackberry
Address Description Quantity
926 Sidewalk 17.0 LF
822 Sidewalk 31.0 LF
826 Sidewalk 16.0 LF
1018 Sidewalk 6.0LF
Total: 70.0 LF
Silver Springs
Address Description Quantity
3219 Sidewalk & Saw Cut 3.0LF
1002 (Off Hackberry) Sidewalk 68.0 LF
3218 Sidewalk . 14.0 LF
Total : 85.0 LF
Woodland Court
Address Description Quantity
3102 Sidewalk 47.0 LF
3101 Sidewalk 28.4 LF
Total : 75.4 LF
Baypoint Townhomes
Total: 51 LF
Address Description Quantity
S.E. Comer of Gardenwalk
& Poplar Cove Sidewalk & WCR
Adjust MH 17.3 LF
S.E. Comer of Gardenwalk
& Cedar Cove Sidewalk & WCR
Adjust MH 12.6 LF
N,E. Comer of Gardenwalk
& Cedar Cove Sidewalk & WCR
Adjust GVB 21.1 LF
Total : 51.0 LF
Replacement Locations 12 0; 12
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INSTRUCTIONS TO BIDDERS
. CLP Project No. 98-4503
RECEIPT AND OPENING OF BIDS
The City of La Porte (herein called "Owner"), invites bids on the form attached
hereto, all blanks of which must be appropriately filled in. Bids will be received by the
Owner at the office of the City Secretary, until the time and date indicated within the
NOTICE TO BIDDERS, and then at said office publicly opened and read aloud. The
envelopes containing the bids must be sealed and addressed to Martha Gillett, City
Secretary at P.O. Box 1115, 604 W. Fairmont Parkway, La Porte, Texas n571.
The Owner may consider informal any bid not prepared and submitted in
accordance with the provisions hereof and may waive any informalities or reject any and
all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of
bids or authorized postponement thereof. . Any bid received after the time and date
specified shall not be considered. No bidder may withdraw a bid within thirty (30) days
after the actual date of the opening thereof.
PREPARATION OF BID
Each bid must be submitted on the prescribed form. All blank spaces for bid
prices must be filled in, in ink or typewritten, in both words and figures, and must be fully
completed and executed when submitted. .
Each bid must be submitted in duplicate in a sealed envelope bearing on the
outside the name of the bidder, his address, and the name of the project for which the.
bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be
enclosed in another envelope, address as specified in the bid form.
SUBCONTRACTS
The bidder is specifically advised that any person, firm, or other party to whom it
is proposed to award a subcontract under this contract must be acceptable to the
Owner. Bidders'may not subcontract more than fifty percent (50%) of the work.
TELEGRAPHIC MODIFICATION
Any bidder may modify his bid by telegraphic communication at any time prior to
the scheduled closing time for receipt of bids, provided such telegraphic communication
is received by the Owner prior to the closing time and, provided further, the Owner is
satisfied that a written confirmation of the telegraphic modification of the bidder was
mailed prior to the closing time. The telegraphic communication should not reveal the
bid price but should provide the addition or subtraction or other modification so that the
final prices or terms will not be known by the Owner until the sealed bid is opened. If
Instrudions to Bidders 1 of 4
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written confirmation is not. received within two (2) days from the closing time, no
consideration will be given to t.he telegraphic modification.
QUALIFICATIONS OF BIDDER
The Owner may make such investigations as he deems necessary to determine
the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all
such information and data for this purpose as the Owner may request. The Owner
reserves the right to reject any bid if the evidence submitted by, or investigation of, such
bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the
obligations of the contract and to complete the work contemplated therein. Conditional
bids will not. be accepted.
BID SECURITY
Each bid must be accompanied by a cashie~s check, a certified check of the
bidder, or a bid bond prepared, duly executed on the form enclosed herein by the bidder
as principal and having as surety thereon a surety company approved by the Owner, in
the amount of five percent (5%) of the bid. Such checks or bid bonds will be returned to
all except the three (3) lowest bidders within three (3) days after the opening of bids,
and the remaining checks or bid bonds will be returned promptly after the Owner and
the accepted bidder have executed the contract, or, if no award has t;>een made within
thirty (30) days after the date of the opening of bids, upon demand of the bidder at any
time thereafter, so long as he has ,not been notified of the acceptance of his bid.
LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT
The sucCessful bidder, upon his failure or refusal to exec~te and deliver the
contract and bonds required within ten (10) days after he has received notice of the
acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure
or refusal, the security deposited with his bid.
TIME OF COMPLETION AND LIQUIDATED DAMAGES
Time is of the essence in this project and the contractor must diligently pursue
the construction of the work so as to offer it for final acceptance by the Owner within the
time limit specified in the proposal. Liquidated damages of $100.00 per day shall be
chargeable for each day the work remains incomplete past the stated time limit.
CONDITIONS OF WORK
Each bidder must inform himself fully of the conditions relating to the construction
of the project and the employment of labor thereon. Failure to do so will not relieve a
successful bidder of his obligation to furnish all material and labor necessary to carry
out the provisions of his contract. Insofar as possible the contractor, in carrying out his
Instrudions to Bidders 2 of 4
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work, must employ such methods or means as will not cause any interruption of or
interference with the work of any other contractor.
ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of the plans, specifications or other pre-bid
documents will be made to any bidder orally. Every request for such interpretation
should be in writing addressed to IICity of La Porte, Attn: Planning Department, P.O.
Box 1115, LaPorte, Texas 77572-111511 and to be given consideration must be
received at least five (5) days prior to the date fIXed from the opening of bids. Any and
all such interpretations or any supplemental instructions will be in the form of written
addenda to the specifications which, if issued, will be mailed by certified mail with return
receipt requested to all prospective bidders (at the respective addresses furnished for
such purposes), not later than three (3) days prior to the date fixed for the opening of
bids. Failure of any bidder to receive any such addendum or interpretation shall not
relieve such bidder from any obligation under his bid as submitted. All addenda so
issued shall become part of the contract documents.
CONTRACT SECURITY
The Contractor shall be required to furnish performance and payment bonds,
executed on the forms enclosed herein, each bond in an amount at least equal to one
hundred percent (100%) of the total contract price, as security for the faithful
performance of the contract and for the payment of all persons performing labor or
furnishing materials and equipment on the project.
NOTICE OF SUPPLEMENTAL GENERAL CONDITIONS AND SPECIAL CONDITIONS
Attention is particularly called to those parts of the contract documents and
specifications which deal with the following:
a. Survey, Permits and Regulations
b. Protection of Work and Property
c. Time of Completion and Liquidated Damages
d. Subsurface Conditions Found Different
e. Insurance
f. Separate Contract
g. Subcontracting
h. Photographs of the Project
LAWS AND REGULATIONS
The bidder's attention is directed to the fad that all applicable State laws,
municipal ordinances, and the rules and regulations of all authorities having jurisdidion
over construction of the project shall apply to the contract throughout, and they will be
deemed to be included in the contract the same as though herein written out in full.
Instructions to Bidders 3 of 4
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METHOD OF AWARD - LOWEST QUALIFIED BIDDERS
If at the time this contract is to be awarded, the lowest base bid submitted by a
responsible bidder does not exceed the amount of funds then estimated by the Owner
as available to finance the contract, the contract will be awarded on the base bid only. If
such bid exceeds such amount, the Owner may reject all bids.
The Owner further reserves the right to award the contract based on an adjusted
base bid, which shall consist of any combination of alternate bid items and bid items
included in the base bid.
OBLIGATION OF BIDDER
At the time of the opening of bids each bidder will be presumed to have
inspected the site and to have read and to be thoroughly familiar with the plans and
contract documents (including all addenda). The failure or omission of any bidder to
examine any form, instrument or document shall in no way relieve any bidder from any
obligation in respect to his bid.
SAFETY STANDARDS AND ACCIDENT PREVENTION
With respect to all work performed under this contract, the Contractor shall:
(1) Comply with the safety standards provisions of applicable laws, building
and construction codes and the "Manual of Accident Prevention in Construction"
published by the Associated General Contractors of America, and the requirements of
the Occupational Safety and Health Act of 1970 (Public Law 91-596).
(2) Exercise every precaution at all times for the prevention of accidents and
the protection of persons (including employees) and property.
(3) Maintain at his office or other well known place at the job site, all articles
necessary for giving first aid to the injured, and shall make standing arrangements for
the immediate removal to a hospital or a doctor's care of persons (including employees),
who may be injured on the job site. In no case shall employees be permitted to work at
a job site before the employer has made a standing arrangement for removal of injured
persons to a hospital or a doctor's care.
Instrudions to Bidders 4 of 4
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BID PROPOSAL FOR UNIT PRICE CONTRACT
CLP Project No. 98-4503
Proposal of 611bJh CtJu..{,lt.t Te..- .:t"Jfthereinafter called "Bidder". a corporation,
organized and existing under the laws of the State of T'f.. . ,. a partnership, or an
individual doing business as C.<~jlltlt1( TOP( to the City of La Porte, Texas
(hereinafter called "Owner").
Ladies and Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction CITY WIDE
SIDEWALK REPLACEMENT PROJECT FY 97-98 & FAIRMONT PARtMlAY
PEDESTRIAN PLAN PHASE II per plans and specifications prepared by the City of La
Porte, and having examined the plans and specifications with related documents and
the site of the proposed work, and being familiar with all of the conditions surrounding
the construction of the proposed project including the availability of materials and labor,
hereby proposes to furnish all labor, materials and supplies and to construct the project
in accordance with the contract documents, within the time set forth therein, and at the
prices stated in the attached Bid Schedule. These prices are to cover all expenses
incurred in performing the work required under the contract documents, of which this
proposal is a part.
Bidder hereby agrees to commence work under this contract on a date to be
specified. in written "Notice to Proceed" of the Owner and to fully complete the project
within /80 consecutive calendar days thereafter as stipulated in the specifications.
Bidder further agrees to pay as liquidated damages, the sum of $100.00 for each
consecutive calendar day thereafter as provided in Paragraph SC-6 of the
Supplementary Conditions of the Agreement.
Bidder ack':1owledges receipt of the following addendum:
~~~It
DATE: 7-1'(-98
Bid Proposal 1 of 6
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BASE BID PROPOSAL
BASE PROPOSAl: Bidder agrees to perform all of the ~ on~ ~
and further described in the specifications for the sum of " . .
dollars ($ b9l{ilfJ - ). (Amount shall be shown in both ~"and fig~n eSse Of ~
discrepancy, the amount shown in words will govern.)
Bidder understands that the Owner reserves the right to reject any or all bids and
to waive any informalities in the bidding.
The bidder agrees that this bid shall be good and may not be withdrawn for a
period of thirty (30) calendar days after the scheduled closing time for receiving bids.
Upon receipt of written notice of the acceptance of this bid, bidders will execute
the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as
required by the General Conditions.
The bid security attached in the sum ortiA/1. Ci~r4 !4t~/~M
($ ::J '1;;"/':::- ,) is to become the property of the Owner in th event the contract and
bond are not .executed within the time above set forth, as liquidated damages for the
delay and additional expense to the Owner caused thereby.
(SEAL)
Respectfully submitted:
BY: :t~ ~MIi~
(Signature Authorized Person)
&tlfr;
(Title) -
/;018 1/1/e/1/ Gt,IJ/tJtt
(Business Address)
ICIJtJkl1//f Tv. 775()f(
(City) (State) (Zip Code)
71.-r r If? ' gl{'10
(Telephone Number)
Bid Proposal 2 'of 6
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STATEMENT OF MATERIALS AND OTHER CHARGES
MATERIALS INCORPORATED INTO THE PROJECT:
ALL OTHER CHARGES:
$
$
$
/1tttJ
-
s S-V;Zq
b?;'I7--lf
TOTAL:
This total must agree with the total 'Total Amount Bid" figure shown on the bid sheet.
For purposes of complying with the Texas Tax Code, the Contractor agrees that the
charges for any material incorporated into the project in excess of the estimated
quantity provided for herein will be,no less than the invoice price for such material to the
Contractor.
Bid Proposal 3 of 6
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BID SCHEDULE
CLP Project No. 98-4503
City Wide Sidewalk Replacement FY 97-98 Quantities Only
Item Description Unit Estimated Unit Total
No. Quantities Price
Bid Proposal 4 of 6
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BID SCHEDULE
CLP Project No. 98-4503
Fairmont Parkway Pedestrian Plan Phase II Quantities Only
Item Description Unit Estimated Unit Total
No. Quantities Price
1.0 Concrete Sidewalk Removal LF 32 ~
complete in place I;; 8 ;::
@ /-c;
per <.J rJ Fr
2.0 4' wide concrete sidewalk . LF 1045 910J-'=-
complete in place '7.J 7
@ J 7---
per of), FT
3.0 Type "A" wheel chair ramp EA 0 ;250
complete in place 0
@ 2. ru
per tla-wJ.
r
4.0 Type "B" wheel chair ramp EA 18 Lj f(j() ~
complete in place I:} S-O NO
@
per j1~
5.0 Adjust Manhole Cover & Rim EA 12 If ~/r} ;;,
complete in place qrJ[)
@ 4&fJ
per /I.. f 1(/ k(.e.
6.0 Adjust Gate Valve Box EA 6 ......
!0fJr) -
complete in place ;Z)~
@ NO
per t1r'W
7.0 Adjust Miscellaneous Equip. Boxes EA 13 . 5;07] ~
complete in place J-S[)
@ '))1)
per
Total This Sheet ($ A3 j8J:::- )
Bid Proposal 5 of 6
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BID SCHEDULE
CLP Project No. 98-4503
Fairmont Parkway Pedestrian Plan Phase II Quantities Only
Item Description Unit . Estimated Unit Total
No. Quantities Price
8.0 Windsor Blocks (2 blocks high)
complete in place
@
per
LF
125
:J , ;;?J-
l.S
~~
9.0 Windsor Blocks (3 blocks high)
complete in place
@
per
LF
148
JJ-
J-/8' ()
-""","",-
10.0 Extra Bank Sand
(Ordered by Engineer)
complete in place
@
per
CY
N/A
11.0 Extra Cement Sand
(Ordered by Engineer)
complete in place
@
per
Ton
N/A
Total This. Sheet
($ g:30S' )
Final Total
($ b847'-11
~~\~~
Bid Proposal 6 of 6
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AGREEMENT
CLP Project No. 98-4503
THIS AGREEMENT, made this 27th day of July ,1998, by and
between the CITY OF LA PORTE, hereinafter called "Owner", acting herein through its
CITY MANAGER and Brooks Concrete. Inc.
(Name of Contracting Firm)
Strike out inapplicable terms: (a corporation) (a partnership) or (an individual doing
business as:) of Pasadena , County of Harris
and State of Texas, hereinafter called "Contractor".
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR
hereby agrees with the OWNER to commence and complete the construction described
as follows:
CITY WIDE SIDEWALK REPLACEMENT PROJECT FY 97-98 &
FAIRMONT PARKWAY PEDESTRIAN PLAN PHASE II
CLP PROJECT NO. 98-4503
hereinafter called the project, for the Total Price of sixty-eight thousand four hundred
twenty-four and no/oo Dollars ($ 68.424.00) and all extra work in connedion
therewith, under the terms as stated in the General and Supplementary Conditions of
the Contract; and
Further, that the CONTRACTOR agrees, at his (its or their) own proper cost and
expense, to furnish all the materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories and services necessary to
complete the said project in accordance with:
A. The terms and conditions stated in the Proposal and in the General
Conditions, and Supplementary Conditions of this Contract; Scope of Work
B. The plans, which include all maps, plats, blue prints, and other drawings
and printed or written explanatory matter thereof; and
C. The Specifications and other contract documents therefore, as prepared
by the City of La Porte, all of which are made a part hereof and colledive(y evidence
and constitute the contract.
Agreement 1- of 2
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The CONTRACTOR hereby agrees to commence work under this contract on or before
a date to be specified in a written "Notice to Proc~ed" of the Owner and to fully
complete the project within 180 calendar days thereafter.
The CONTRACTOR further agrees to pay, as liquidated damages, the sum of_
$100 for each consecutive calendar day thereafter as hereinafter provided in
Paragraph SC-6 of the Supplementary Conditions.
IN WITNESS WHEREOF, the parties to these present have executed this
contract, each of which shall be deemed an original, in the year and day first above
mentioned.
City of La Porte
Name of Owner
SEAL
Attest:
City Manager
Title
By: 6<ot~ T. \~
Robert T. Herrera
SEAL
~~~~
~-J~h~~D
Witness .
By:
Signa ure of Authorized Person
&/~J
.
Title of Authorized Person
lfO/8 R1/fiU GW6-q /ufo 7750 y
Address and Zip Code
Approved as to Form:
~rdfL
City Attorney
/ Agreement 2. of 2
SEP, 10. 1998 lO.27ftJ4
UNIVERSAL SURETY
NO. 0524
PI 3
e e
WESTERN SURETY COMPANY
950 Echo Lane, Suite 250
Houston, TX 77024
Bond No.: SP2 2331962 00
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That BrooksConcrete.lne.. Principa~ and WESTERN SURETY COMPANY, Surety, are
flnnly held and tinnlybound unto City 0; LaPorte, Obligee. in the sum of Sixty-Eight Thousand Four Hundred Twenty-Four and
0/100." Dol18l'll ($68,424.00), for the pIIyment of which we bind ourselves. our legal representatives, successors and assigns,
jointly and severally, finnly by these presents.
WHEREAS. Principal has entered into a contract with Obligee, dared July 27, 1998 for city wide sidewalk replacement
project FY 97-98 &. Fainnont Parkway pecfestrian plan phase II, elP project no. 98-4503, copy of which contract is by reference
made a part hereof.
NOW, THEREFORE, if Principal shall promptly make payment to all persons supplying labor and material incorporated in t;e
prosecution of th\: work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED HOWEVER, thai the the Obligee ha\iing required the said Principal to furnish this bond in accordance with any
applicable statutes, all rights and remedies shall inure solely to the statutory beneficiaries in accordance with the provisions,
conditions. and Iimiutions of said applicable statutes to the same extent lIS if they were copied at length herein.
Signed, sealed. and dated September 10, 199&.
Brooks Concrete, Ine.
STE~ SURETY caMPA"" ~
By;~,/J;fe r~
DA \rID ROYCE SE~L
Attorney-in-Fact
~H. lU. 18YC iU:,bAM
UnJVlK5AL 5U~~TY
Nt). l!o,~
..
'J
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WESTERN SURETY COMPANY
Bond No.: SP2 233196200
950 Echo Lane, Suite 250
Houston, TX 77024
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:That we, Brooks Con;:rete, !nc. (Conlractor), IS Principal, and WESTERN SURETY
COMPANY, of Houston, Teus, u Surety, are held and firmly bound unto City of LaPorte (Owner), as Obligee, in the penal sum of
Sixty-Eight Thousand Four Hundred Twenty-Four and OiIOO... Dollers (S6S,4:!4.00) lawful money of the United States of America, for
the pa)'tIlellt of whic.h. well and truly to be made, we bind ourselves, our heirs, executors, edministrators, successors and assigns,
jointly and sever:llly. firmly by Ihese presents. .
WHEREAS, said Contractor, Principal herein, has, by written agreement dated July 27, 1998. entered intO a contract with
owner for city wide sidewalk repJaceme:1t project FY 97.98 &. Fainnont Parkway pedestrian plan phase II, CLP project no. 98-4503 in
ac:cordancc with drawings and specifications prepared by . which contract is by reference made
a pari hereof, and is hereafter referred to lIS the ftContract",
NOW, THEREFORE, a condition of this obligation is such that, if the contractor shall faithfully perfonn work contracted
to be performed and comply with all provisior.s of the Contract, then this obligation shall be void; otherwise to remain in full
force and effect. The total amount of the Surety's liability under this bond shall in no event exceed the penal sum hereof.
No right of action or recovery shall accrue hereunder to or for the use of any person or entity other than the Owner
named herein, ils heirs, eltecutors. administrators or su~cessors.
Provided, however, as to the Owner, -the right of recovery 9hall be upon tlte following exprcssecl conditions, the
perfonnance of which shal1 be a conditiol1 precedent:
First: ThaI in the event of any default on the part of the Principal, written notice thereof shaJl be delivued to the
Surety as promptl}' lIS possible, and in any event within ten (10) days after the Owner shaJl become aware of such defaults, and
upon Owner's becoming aware of such defaults, no further pllymenLS 9hall be made under the said Contract withoul the written
consent of Surety. If the Principal shall abandon said Contract or be compelled by the Owner to cease operations thereunder,
then Surer}' shall have the option to proceed or procure others to proceed with the perfonnance of such Contract, and al1
reserves, deferred payments, and other monies provided by said Contract to be paid to the Principal shall be paid to the Surety.
at the same time and under the same conditions as by the tcnns of said Contract such monies would have been paid to the Principal
had the Contract been perfonned by the Principal. The Surety shaJl be entitled to all such payments and monies in preference \0
any assignee of the Principal or any advme claimant; but if the Owner shall be entitled to all such payments and monies in
preference to any assignee of the Principal or ~ adverse claimant; but if the Owner shall complete or relet the ContraCt, all
reserves, deferred paymenLS or other monies remaining aller payment for such comp,letion shan be paid to the Surety or applied as
the Surety or applied as the Surety may direct toward the settlement of an)'obligation or liabIlity incuITed hereunder.
Second: That the Owner shan faithfully perfonn an of the tcnns, covenants and conditions of said C"ntract on the part
of the Owner contTaCted to be perfonnecJ. In no event shall payment or payments to Contractor from Owner be in l1li amount greater
than ninety percent (90"Ai) of the value of the .....oJ'i( perfonned by Contractor to the date of such payment. Owner shan retain ille
remaining ten percent ( I 0%) of all payments and all reserves or deferred payments for a period of thirty (30) days after
completion and and acceptance of the total project and the Owner, or a period to conespond to the applicable lien periO<i in
which notices of claims or claims of lien by persons perfonning work or furnishing materials may be filed, ot' until all such
claims have been paid, unless lhe Surety shall consent in .....riting to the payment of said final payment, reserve or deferred
payments.
Third: That the Surety shait not be liable for any damages resulting from strikes, labor difficulties, or from mobs,
riols. civil commotion, public enemy, fire, the elements, shifting of elements. acts of GO<i or defects or faults in the plans or
specifications ref CITed 10 in said Contract or fur repairs or reconstruction (If any work or materials damaged or destroyed by any
of said causes; or for damages arising out of injuries :0 persons or property or for the death of any penon ar person, or by
virtue of any statutory provision for damages or compensation for injury to or the death of any employee; or for the inf:ingement
or \'alidity of ar.y patent; or for the efficiency or wearing qualities of any work done or malerials furnished or lite maintenance
lhereof or rq:llUrS thereto; or for the furnishing of any bond or obligation other thllll thIS insrrument
Fourth: That no sui/, action or proceeding by the Owner to recover on tbis bond shall be BU!lained unless the same be
commer.ced within twenty-five (25) months from the date upon which Owner gave Surety written notice of default as provic!ed herein.
Fifth: That the Surety is obligated only to the dollar amount shown on the face of this Dond. If any additions or
alterations of the original Contract upon which Ibis bond w3s issued occur, l~n:asing or akering the contract price, the Surety
is obligar.:G only to the proportionai amount that the original Conlfact bears to the altered contract price, unless expressly
waived by the Surety in writing.
Signed, sealed and datcc! SeptC1lber 10,1998,
Brooks Concrete, Inc,
~r.~~~ -~
WESTERN S COMPANY
By: '
AVID R YCE EWELL, AtlDmey-' -Pact
SEr lQ 1998-1fr:28AM
UNIVERSAL SURETY
e
NO. 0524
P. 4
~Wf
Western Surety Company
e
Bond No.
Know An Men By These Presc:nlS, that WESTERN SURETY COMPANY, a ctlrl'oration duly organized and existing under the
laws of the Stale of South Dakota, and having its principal office in Sioux falls. South Dakota (the "Company"), docs by these pn:sents
make, constitute and appoint DAVID ROVCE SEWELL
its Ir",c and lawful attomey(s)-in-facl, with full power and aurhority hereby confen-ed, to ellccute, acknowledge and deliver for and on
its behalf as Surety, bonds for:
Principal: Brooks Concrete, Inc.
POWER OF ATTORNEY. CERTIFIED COpy
SP123Jl96~
Amount:
City of LaPortl:
568,424.00
Obligee:
and to bind rhe Company then:by as fully and to the same elltent 8S if such bonds were signed by the Presidc:nt, sealed with the
corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming a1! that the said attorney(s)-i:l.fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety
Company which remains in full force and effect
"Sectioo 7. All bonds, policies. undertakings, Powers of Attomey or other Ilbligations of the corporation shall be executed in the
corporate name of the Company by tbe President, Secretary, any Assistant Secretary, Treasul"C:', 01" any Vice President or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or a8c:nts who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attomey or other obligations of the
corporation. The signature of any such officer and the cOrporate seal may be prinrcd by facsimile."
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of NOVEMBER 09
1998 . but until such time shall be irrevocable and in full force and effect
eof, Western Surety Company has caused these fresenrs to be signed by its President, StC'p~en T. , and its
e eel thislO1H day o5F.PT 998 .
.a! ~.....;O;"'''~O':\ WE S TE SUE T Y ~O ~
i~!-~ ~~.\.,
=*1=<7 . (ft,,.- -
:Wi lz!
~~\ _A :~=
tr.." "II" .110.'-' i.$
~... ...,. ..l ~$
S ~#filOTA
'lJp.~7- SS.
COUN ~EHAHA .
On this 10TH day of SEPT. , in the year [998 . before me, a notary public, personally appeared Stephen
T. Pate. who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN
SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed ofssid CCll'pOralion.
.~~.I_.. _tlftl~' 1t" ,~1..'. -~...... ~,-.' J'vI..
~ D. KRELL I
J~NQTAAV PUBLlC~J
'~SOUTH DAICOTA\8ftI,
J w, c.-looi.. ,.,1- U.,..2DO. I
. .... 1. .. -1- .. .. .. - .. .. .. ~.... -~.
Stephen T. Pale. President
AD ~~lJ
Norary Public " Soulh Dakota
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full fon:e and e:fTect and is irrevocable, and furthennore, that Section 7 of the bylaws of the Company
as set forth in the Power of Allomcy is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Sureiy Com any this I TH day Of~EPT.
1998 . ~J-,-
_ WEST! U ETY~~
Stephen T. PUll, President
This document has imponant legal consequences: "consultation with an attorney is encouraged with
respect to its completi or modification.
.
STANDARD
GENERL\.L CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
Engineers Joint Contract Documents Committee
--
and
Issued and Published Jointly By
)
PROFESSIONAL ENGINEERS IN PRIVATE PRACI1CE
A pracric~ division of rh~
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has been approved and endorsed by
ne Associated o..=- CO~tr.lCto" of Ameriea
J
~
These General Conditions have been prepared for use with the Owner-Contrac:tor Agreements (No. 1910-8-A-I or
1910-8-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the
others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering
Services and ConU2Ct Documents (No. 1910-9) (1986 Edition). For guidance in the prepamion of Supplementary
Conditions. see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When
bidding is involved. the Srandard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used.
EJCDC No. 191().8 (1990 Edition)
Reprinted Si91
.
)
)
..'
,-"
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.
C 1990 National Society of Professional Engineers
1420 King Street, Alexandria, VA 21314
American Consulting Engineers Council
1015 15th Sttcet, N.W., Washington, DC 20005
American Society of Civil Engineers
345 East 47th Street. New York. NY 10017
ConsttU~onS~cificWonsInstiw~
601 Madison St., Alexandria. VA 22314
4ItBLEOFCO~lE~lS0FGENERALCOND~NS
ltrticJ~ or Paragraph
Numb~r ci TIlI~
I. DEFINmONS .............. ....... .... ......,....
Addenda ................. ........ ....
Agreement .................... .......
Application for Payment ..... . . . . . . . . .
Asbestos .................. ...........
Bid ...................................
Bidding DOcuments ...................
Bidding Requirements ... .. ... . .. .. .. .
Bonds ................... .............
Change Order ............ .. .. . . .. .. ..
Contract Documents ....... ...........
Contract Price ....... ..................
Contract Times .......................
CC>~R ......................
d~f~r:livt!. ................... .. . .. .. .. .
Drawings.................. ...........
Effective Dare of the Agreement . . . . ..
ENGINEER............ ..............
ENGINEER's Consultant .............
Field C>rder ...........................
Genernl Requirements .. .. . .. .. .. .. .. .
Hazardous Waste .....................
Laws and ReguJaDons; Laws or
Regulations . .. .. . . .. .. . .. . . .. . .. .. .
1.23 Liens.......... ........... ............
1.24 Milestone .............................
1.2S Notice of Award .......................
1.26 Notice to Proceed ....................
1.27 C>WNER .............................
1.28 Partial U tJlization ........... .. .. .. .. ..
1.29 PCBs.................. ...............
1.30 Peuolcum ......... .. .. .. .. .. .. . .. .. ..
1.31 Project ................................
1.32 Radioactive Material ..................
1.33 Resident Project Representative .......
~.34 Samples ...... ............ ............
1.35 Shop Drawings .......................
1.36 Specifications .........................
1.37 Subcon~r ............ ...... . .. .. .
1.38 Substantial Completion .. ..... . .......
1.39 Supplementary Conditions .. .. .. .. .. . .
1.40 SuppHcr ..............................
1.41 Underground Faalities ..............:.
1.42 Unit Price Work ......................
1.43 Work .................................
1.44 Work Change Directive .... .. .. .. .... .
1.45 Written Amendment ..................
2. PRELIMINARY MATIERS ......................
2. I Delivery of Boads ....................
2.2 Copies of Documents .................
2.3 Commencement of Contr.lCl Tum:s:
Notice to Proceed ..................
Starting the Work .....................
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
)
2.4
"')
Palt
Numb~r
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
14
14
Anir:I~ or PtJTagraph
Numbtr & 7ir/~
2.5-2.7 Before Swting Construction:
CC>NTRAC'IOR's Responsibility to
Repon: Preliminary Schedules:
Delivery of Certificates of
Insurance ..........................
2.8 P-reconstrucUon Conference ...........
2.9 Initially Ac:c:eptable Schedules .........
3. CONTRACT DOCUMENTS: INTENT.
AMENDING, REUSE ...................... ......
3.1-3.2 Intent ................................
3.3 Reference to Standards and
Specific:ations of Technic::ll Societies;
Reponing and Resolving
Discrepancies ......................
Intent of Certain Terms or Adjectives ..
Amending Contract Documents .......
Supplementing Contract Documents ...
Reuse of Documents ..................
3,4
3.5
3.6
3.7
14
14
14
14
14
14
]4
14
14
14
14
14
14
14
14
14
]4
14
14
14
14
IS
]5
IS
IS
IS
15
4. AVAILABILITY OF LANDS; SUBSURFACE AND
PHYSIC~LCONDmONS;REFERENCE PC>INTS .
4.1 AvaJlability of Lands ..................
4.2 Subsurface and Physical Conditions ...
4.2.1 Reports and Drawings ................
4.2.2 Limited Reliance by CC>NTRACIOR
Authorized: Technical Data .........
4.2.3 Notice of Differing Subsurface or
Physic:aJ Conditions ..... . . .. . . . . . .. .
4.2.4 ENGINEER's Review ................
4.2.5 Possible Contract Documents Change .
4.2.6 Possible Price and lunes Adjustments .
4.3 Physic:al Conditions-Underground
Facilities ...........................
4.3.1 Shown orIndicatcd ...................
4.3.2 Not Shown or IndiCltcd ..............
4.~ Reference Points ......................
4.5 Asbestos. PCBs, Petroleum. Hazardous
Waste or Radioactive Material .. . . . .
15
IS
5. BC>NDS AND INSURANCE .....................
5.1-5.2 Peri'onnana:, Payment and C>ther ~onds .
5.3 Ucensed Sureties and Insurers;
Certificates ofInsurance ............
5.4 CONTRACTOR"s Liability Insurance .
5.5 OWNER's Liability Insurance ........
5.6 Property Insurance ...................
5.7 Boiler and Machinery or Additional
Property Insurance .................
5.8 Notice of Cancellation Provisions .....
5.9 CONTRACTOR's Responsibility for
Deductible Aaiounts ................
5.10 Other Special Insurance...............
5.11 Waiver of Rights ......................
Pag~
Nllmb~r
IS
15
16
16
16
16
17
17
17
17
17
17
17
17
18
18
18
18
18
18
18
19
19
19
20
20
20
20
21
21
21
21
22
22
22
e
Art;cl~ or Paragraph Pag~
Numb~r & Titl~ Numbt!r
· 5.12-5.13 Rec:ipt and .Aa.ppliCltion of Insurance
Proceeds ........................... 22
5.14 Acceptance of Bonds and Insurance;
Option to Replace . . . . . . . . . . . . .. . . . 22
5.15 Partial U tl1izalion-Propeny
Insurance .......................... 23
")
6. CONTRACTOR'S RES~NSIBIUTIES .......... 23
6.1-6.2 Supervision and Superintendence. .. ... 23
6.3-6.5 Labor, Materials and Equipment . . . . . . 23
6.6 Progress Schedule .................... 23
6.7 Substiwtes and nOr-Equal" Items:
CONTRACTOR's Expense;
Substiwte ConstrUction
Methods or Procedures;
ENGINEER's Evaluation .......... 23
6.&-6.11 Concerning Subcontractors, Suppliers
and Others; Waiver of Rights . . . . . . . 24
6.12 P'alent Fees and Royalties ............. 2S
6.13 Permits ............................... 2S
6.14 Laws and Regulations ................ 2S
6.15 Taxes ................................ 2S
6.16 Use of Prcmises ...................... 26
6.17 Site Cleanliness ....................... 26
6.18 Safe StnJc:wral Loading............... 26
6.19 Record Documents .. .. . .. .. . .. .. ... .. 26
6.20 Safety and Protection ................. 26
6.21 Safety Representative ................. 26
6.22 Hazard Communication Programs ..... Tl
6.23 Emergencies .......................... Tl
6.~4 Shop Drawings and Samples . . . . . . . . . . 27
6.25 Submittal Procedures;
CONTRACTOR'sRevicw Prior to
Shop Drawing or Sample Submittal. 27
6.~6 Shop Drawing &: Sample Submittals
Review by ENGINEER ............ 27
6.27 Responsibility for Variation From
Contract Documents . .'. . . . . . . . . . . . . . 27
6.2.8 Related Work Performed ,Prior to
ENGINEER's Review and Approval
of Required Submittals . .. .. .. .. .. .. Tl
6.29 'Continuing the Work .................. 28
6.30 CONTRACTOR's General
Warranty and Guarantee .... ........ 28
6.31~.33 Indemnification............ ........... 28
6.34 Survival of Obligations ................ 28
7. arHER WORK ................................... 29
7.1-7.3 Related Work at Site .................. 29
7.4 Coordination
8. OWNER'S RESPONSIBILmES ................. 29
8.1 Communications to Conaactor ........ 29
8.2 Replacement of ENGINEER .......... 29
8.3 Furnish Data and Pay Prompdy When
I>ue ................................ 29
8A l..3nds and Easements: ~rts and
Tests ............................... 29
8.5 Insurance .. .. .. . . .. . .. .. .. . .. .. .. .. . .. 29
, )
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e
Aniele or Paragraph Pagt
Numbt!r & Title Number
8.6 Change Orders ........... .. . .. .. . .. . . 29
8.7 Inspections, Tests and Approvals ...... 29
8.8 Stop or Suspend Work: Terminate
CONTRACTOR's Services ......... 29
8.9 Limitations.on OWNER's
~~1bUitics ..................... 30
8.10 Asbestos, PCBs, P=trolcum, Hazardous
Waste or Radioactive Material . . . . . . 30
8.1 I Evidence of rmancial ArrangemcnlS . . 30
9. ENGINEER'S STATUS DURING
CONSTRUCTION ............................... 30
9. I OWNER's Representative ............ 30
9.2 Visits to Site......... .. ............... 30
9.3 Project Representative ................ 30
9.4 Oarifications and Interpretations ...... 30
9.5 Authorized Variations in Work ........ 30
9.6 Rejecting Defective Work ............. 30
9.7.9.9 Shop Drawings, Change Orders and
Payments . .. .. .. .. .. .. .. .. .. . .. .. .. 31
9. 10 Determinations for Unit Prices ........ 3 I
9.1]-9.12 Decisions on Disputes; ENGINEER as
Initial Interpreter ................... 31
9.13 Limitations on ENGINEER's
Authority and RcsponsibUities . . . . . . 31
10. CHANGES IN THE WORK .. .......... .... ..... 32
10.1 OWNER Ordered Change ............ 32
10.2 "Claim for Adjustment ................. 32
10.3 Work Not Required by Contract
I)ocuznent5 ......................... 32
10.4 Change Orders
10.5 Notification of Surety ................. 32
11. CHANGE OF CONTRACT PRICE .............. 32
11.1-lJ.3 Conuact Price; Oairn for Adjustment;
Value of the Work .................. 32
11.4 Cost of the Work ..................... 33
I 1.5 Exclusions to Cost of the Work ....... 34
I 1.6 CONTRACTOR's Fee .. .. .. . .. .. .. .. . 34
It.7 Cost Records ......................... 34
11.8 Cash Allowances ................. .. .. 35
11.9 Unit Price Work ...................... 35
12. CHANGE OF CONTRACT TIMES .............. 35
12.1 Oaim for Adjustment ...... ~ .. .. .. .. .. 3.5
12.2 Tune of the Essence .................. 3S
12.3 Delays Beyond CONTRACTOR.s
Conenol ............................ 35
12.4 Delays Beyond OWNER's and
CONTRACI'OR's Conenol .......... 35
13. TESTS AND INSPECTIONS; CORRECTION.
REMOVAL OR ACCEPrANCE OF DEFECTIVE
VVORIC .......................................... 36
13.1 Notice of Dcf'ects ..................... 36
13.2 Access to the Work ................... 36
13.3 Tests and Inspections; ContraCtOr's
C~on ........................ 36
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Page
Number
Article or Paragraph
Number ci Title
13.4 OWNER's Responsibilities:
Independent Testing Laboratory . . . .
13.5 CONTRACTOR's Responsibilities.....
13.~13.7 CoveringWork Prior to Inspection,
Testing or Approval ................
13.&-13.9 Uncovering Work at ENGINEER.s
Request........... .................
OWNE.~ May Stop the Work .... ~ . . ..
COlTection or Removal of Defective
Work ............... .. '... . .. ........
CorTeCtion Period .....................
Acc:epcance of Defective Worle ........
OWNER May COJTCCt Defective
Work ...............................
.
13.10
13.11
13.12
13.13
13.14
14. PAYMENTS 1'0 CONTRACTOR AND
COMPLET10N ................................. 37
14.1 Schedule of Values .................... 37
14.2 Application for Progress Payment ..... 38
14.3 CONTRACTOR's W~ty of Tide ... 38
14.4-14.7 Review of,App1ications for
Progress Payments ................. 38
14.&-14.9 Substantial Completion ............... 39
14.10 Partial Utilization ..................... 39
14.11 Fina1lnspection ...................... 39
}
)
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36
36
Anick or Parage Page
Number & Tule Number
14.12 Final Application for Payment......... oW
14.13-14.14 Final Payment and Acceptance ........ 40
14.15 Waiver of Claims ..................... oW
IS. SUSPENSION OF WORK AND
TERMINATION . ............................... 40
IS. I OWNER May Suspend Work ......... 40
IS.2-IS.4 OWNER May Tenninate ~............. 40
IS.5 CONTRACTOR May Stop Worle or
TertrUna1e .......................... 41
36
36
36
37
37
16. DISPUTE RESOLUTION. .... ........ ... .......
41
37
17. MISCELLANEOUS... ..........................
17.1 Giving Notice ........................
17.2 Computation of Times ................
17.3 Notice of Claim .......................
17.4 Cumulative Remedies .................
17.5 Professional Fe:s :md Court Costs
Included ...........................
..,
..-
42
42
42
42
42
EXHIBIT GC-A (Optional):
Dispute Resolution Agreement (Optional) ..... GC-AI
16.1-16.6 Arbitration.................... GC-AI
16.7 Mediation ..................... GC-A2
3
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INDEX TO GENERAL CONDITIONS
Arricle or Paragraph
Number
Acceptance of-
Bonds and Insulilnce ................................5.14
defecliveWork ....................... 10.4.1. 13.13.13.15
final payment .... . . . . . . . . . . . . . . ... . . . .. .. .. . . . . 9.12. 14.15
insurance ........................................... 5.14
other Work. by CONTRAcroR ...................... 7.3
Substitutes and "Or-Equal.' Items .................. 6.7.1
Work by OWNER ........................ 2.5. 6.30. 6.34
Access [0 me-
Lands. OWNER and CONTRACI'OR
responsibilities ............. . . .. . . .. . . . . .. . . .. .. . . . . 4.1
site. related work .................................... 7.2
Work, .................................. 13.2, 13.14. 14.9
Acts or Omissions-. Acts and Omissions-
CONTRACTOR ............................ 6.9.1.9.13.3
ENGINEER ..................... ...........6.20.9.13.3
OWNER ....................................... 6.20. 8.9
Addenda-definition of (also see
definition of Specificltions> ........... 0.6. 1.10.6.19) 1.1
Additional Property Insurances ......... . .. .. .. . . . .. .. . . 5.7
Adjustments
Conmu:t Price or Contract
Tunes ......... 1.5.3.5.4.1.4.3.2.4.5.2.4.5.3.9.4. 9.5.
10.2.1004. II. 12. 14.8, 15.1
progress schedule .................................... 6.6
Agreement-
definition of .......................................... 1.2
All risk Insurance. policy form.. ........... ........... 5.6.2
Allowances. Cash ..................................... 11.8
Amending Contract Documents. . . ............ ......... . 3.5
Amendment. Written--
ingener21 ....1.10.1.45,3.5.5.10.5.12.6.6.2.6.8.2.6.19.
10.1. 10.4. 11.2.12.1, 13.12.2. 14.7.2
Appeal. OWNER or CONTRACTOR
intent [0 ...................... 9.10. 9.11.10.4.16.2.16.5
Application for P:1ymcnt-
definition of ....... .... . . .... . .. .... .... .. .'. . ...... .. .. 1.3
ENGINEER's Responsibility......................... 9.9
final payment ..................9.13.4.9.13.5.14.12-14.15
in geaeml ....................... 2.8. 2.9. 5.6.4. 9.10, 15.5
progress payment.............................. 14.1, 14.1
review of ........,..............................14.4-14.7
Arbitration (Optional) ............................. 16.1-16.6
Asbestos-
claims pursuant thereto........ ............... 4.5.2. 4.5.3
CONTRACTOR authorized to stop Work .........'.. 4.5.2
definition of .......... .. .. . . . . . .. . .. . .. .. ~ .. .. .. .. .. .. 1.4
OWNER responsibility for.................... 4.5.1. 8.10
possible price and times change ...................... 4.5.2
Authorized Variations in Work ....... ... .. 3.6. 6.25. 6.27. 9.5
Availability of Lands ............................... 4.1. 8.4
Award, Notice of--<iefined ............................ 1.15
Before Starting Construction ........................ 2.5-2.8
Bici--definition of ...................................... 1.5
(1.1. 1.10.2.3.3.3.4.2.6.4.6.13. 11.4.3. 11.9.1)
Ankle or Paragraph
Number
Bidding Oocuments-definition of ..... . . .. . . .. ... 1.6 (6.8.2)
Bidding Requirements-definitions of ...... 1.7 (1.1. 4.2.6.2)
Bonds-
acceptance of ....................................... 5.14
additional bonds ........................... 10.5, 11.4.5.9
Cost of the Work .................................. 11.5.4
definition of .......................................... 1.8
delivery of ..... .................................2.1,5.1
final application for payment ................. 14.12.14. J4
genCBI ...............1.10.5.1-5.3.5.13,9.13.10.5,14.7.6
perfonnance, Payment and Other ................. 5.1-5.2
Bonds and Insurance-in general ......................... 5
Builder's risk "all risk" policy form .................... 5.6.2
Cancellation Provisions. Insurance ........ 5.4.11.. 5.8, 5.15
Cash Allowances...................................... 11.8
Certificate of Substantial Completion ......... 1.38. 6.30.2.3,
14.8. 14.10
Certificates of Inspection' ................ 9.13.4. 13.5. 14.12
Certificates oflnsunmce ..2.7.5.3.5.4.11,5.4.13,5.6.5.5.8.
.......................................5.14,9.13.4,14.12
Change in Contract Price-
Cash Allowances ................................... 11.8
claim for price adjustment ..... 4.1, 4.2.6. 4.5, 5.15, 6.8.2,
9.4, 9.5, 9.11. 10.2. 10.5. 11.2. 13.9,
13.13. 13.14, 15.1, 15.5
CONTRACIOR's fee............................... 11.6
Cost of the Work
general ...... .......... .................. .... 11.4..11.7
Exclusions to ....................................... 11.5
Cost Records ....................................... 11.7
in general .............. 1.19, 1.44, 9.11. 10.4.2, 1004.3, II
Lump Sum Pricing ...... .......................... 11.3.2
Notification of Surety ............................... 10.5
Scope of ....... ........ ........................ 10.3-10.4
Testing and Inspection. Uncovering the Work ........ 13.9
Unit Price WoFk ............ eo... .. . . . . . . . . eo. .... .. 11.9
Value of Work ....................... eo........ ...... 11.3
Change in ConEnlCt Tunes-
Claim for times adjustment .... 4.1, 4.2.6, 4.5. 5.15. 6.8.2,
9.4.9.5.9.11. 10.2. 10.5, 12.1. 13.9. 13.13.
13.14. 14.7, 15.1. 15.5
ContnlCtuaJ time limits ................. ~. . . ..... .... 12.2
Delays beyond CONTRACTOR's conb'Ol ............ 12.3
Delays beyond OWNER's and CONTRACTOR's con-
trol ............................................... 12.4
Notification of surety ............................... .10.5
Scope of change ............................... 10.3-10.4
Change Orders-
Acceptance of Defective Work ..................... 13. I 3
Amencfmg Conu.:t Documents ............ ..........3.5
Cash Allowances ................................... 11.8
Change of Contract Price ............................. II
Change of Conu.:t Tunes ............................ 12
Changes in the Work.................................. 10
CONTRACTOR's fee ............................... 11.6
Cost of me Work ............................... 11.4-11.7
4
"}
e Article or Paragraph
Number
. Cost Records ....................................... 11.7
definition of .... . . . . . . . .. . .. . . . . . . . . . . .. . . ... ~ . ..... .. 1.9
emergencies.................. ............ .......... 6.23
ENGINEER's responsibility. ........ 9.8.10.4.11.2. 12.1
execution of ........................................ 10.4
Indemnific:1tion ..................... 6.12. 6.16, 6.31. 6.33
Insuronce. Bonds and ................... 5.10.5.13, 10.5
OWNER may terminate ........................ 15.2-15.4
OWNER's Responsibility....................... 8.6,10.4
Physic:ll Conditions-
Subsurface and. . . . . . . . . . . . . . . . . .. . . . . . . ............. 4.2
Underground Facilities ........................... 4.3.2
Record Documents ......................... ~....... 6.19
Scope of Change ............................... 10.3-10.4
Substitutes........... .......... ..............6.7.3.6.8.2
Unit Price Work .................................... 11.9
value of Work. covered by ................. ......... 11.3
Changes in the Work .................................... 10
Notific:1tion of surety ............................... 10.5
OWNER's and CONTRACI'OR's'responsibilities .... 10.4
Right to an adjustment .............................. 10.2
Scope of change ............................... 10.3-10.4
Claims-
against CONTRACI'OR ............................ .6.16
against ENGINEER ................................ 6.32
against OWNER .................................... 6.32
Change of Contract Price ....................... 9.4, 11.2
Change of Contract Times ...................... 9.4..12.1
CONTRACTOR's 4. 7.1. 9.4. 9.5. 9.11. 10.2. 11.2. 11.9.
12.1. 14.8. 15.1, 15.5. 17.3
CONTRACTOR's Fee ..............................11.6
. CONTRACTOR's liability.... ........ 5.4.6.12. 6.16. 6.31
Cost of the Work .............................. 11.4. 11.5
Decisions on Disputes .........................9.11.9.12
Dispute Resolution .................................. 16.1
Dispute Resolution Agreement.................. 16.1-16.6
ENGINEER as initial interpretor .. ...... ............9.11
Lump Sum Pricing ........................ ~....... 11.3.2
Notice of ..................... ~. .. .................. 17.3
OWNER's ........... 9.4. 9.5. 9.11. 10.2. 11.2. 11.9. 12..1.'
13.9. 13~13. 13.14. 17.3
OWNER's liability.................................... 5.5
OWNER may refuse to make payment .............. 14.7
Professional Fees and Court Costs Included .......... 17.5
request for formal decision on ....................... 9.11
Substitute items ........................... ....... 6.7.1.2
Time Extension ...'.................................. 12.1
Time requirements ............... ...... ....... 9.11, 12.1
Unit Price Work ..................................11.9.3
Value of ............................................ 11.3
Waiver of~n Final Payment ................ 14.14~ 14.15
Work Change Directive ................... ..... .. ... I o.~
written notice required ...................9.11.11.2.12.1
Oariftc::uions and Interpretations ............ 3.6.3. 9.4, 9.11
C1e:n Site ..................... ~........ . ... ....... '.. . 6.17
Codes ofTechnic:11 Society. Organization or
Association ...................................... 3.3.3
Commencement of Contract Times . ........ ...... ......2.3
Communic:ltions-
..._)
'-
e
Article or Paragraph
Number
gener.ll .................................... 6.2. 6.9.2. 8.1
Hazard Communication Programs ................... 6.22
Completion-
Final Application for Payment ...................... 14.12
Finallnspection ................................... 14.11
Final Payment and Acceptance ............... 14.13-14.14
Partial Unlization .................................. 14.10
Substantial Completion ................... 1.38. 14.~14.9
Waiver of Cairns ....... .................... ........ 14.15
Computation of Times ........................ 17.2.1-17.2.2
Concerning Subcontractors.
Suppliers and Others ............................ 6.8-6.11
Conferences-
initially acceptable schedules ......................... 2.9
prccons:ruction ...................................... 2.8
Conflict. Error, Ambiguity. Discrepancy-
CONTRACTOR to Report ..................... 2.5, 3.3.2
Construction, before staning by CONTRACTOR .... 2.5-2.7
Construction Machinery, Equipment. etc. ............... 6.4
Continuing the Work ............................. 6.29, 10.4
Contract Documents-
Amending ........................................... 3.5
Bonds ............................................... 5.1
Cash Allowances ........ .. . .. .. . . . . . . .. . . .. .. .. .. .. 11.8
Change of Contract Price ............................. 11
Change of Contract Times ............................ 12
Changes in the Work ........................... 10.4-10.5
check.and verify ..................................... 2.5
Oarifications and Interpretations .......3.2.3.6.9.4.9.11
d~tionof ........................................1.10
ENGINEER as initial interpreter of ................. 9.11
ENGINEER as OWNER's representative ............9.1
genc:ra1 ....................:........................... 3
Insurance ............................................ 5.3
Intent ............................................ 3.1-3.4
minor variations in the Work ......................... 3.6
OWNER's responsibility to furnish data .............. 8.3
OWNER's responsibility to make
prompt payment ....................... 8.3. 14.4. 14.13
precedence .................................... 3.1.3.3.3
Record Documents . .. .. .. .. .. .. .. .. .. .. . . . .. .. . .. .. 6.19
Reference to Standards and Specifications
ofTechnica1 Societies........... ................... 3.3
Related Work ........................................7.2
Reponing and Resolving Discrepancies ........... 2.5. 3.3
Reuse of ............................................. 3.7
SuppleJnenting ....................................... 3.6
Termination of ENGINEER. 5 Employment ........... 8.2
Unit Price Work .................. ~................. 11.9
variations ................................. 3.6, 6.23. 6.Il
Visits to Site. ENGINEER's ......................... 9.2
Contract Price-
adjustment of ................3.5.4.1.9.4. 10.3. 11.2-11.3
~of ............................................ 11
Decision on Disputes ............ .. .. . .. .. .. .. .. .. .. 9.11
definition of ........................................ 1.11
Contract Tunes-
adjustment of ...................... 3.5. 4.1, 9.4. 10.3. 12
Change of...................................... 12.1-12.4
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Articl~ or Paragraph
. iVumb~r
Commencement of ................................... 2.3
definition of ............;.............. . .. .. . .. .. . .. I.I:!
CONTRACTOR-
Acceptance of Insurance ............................ 5.14
Limited Reliance on Technical Data Authorized ..... 4.2.2
Communications ............................... 6.2. 6.9.2
Continue Work ................................ 6.:!9. 10.4
coordination and scheduling......................... 6.9.2
definition of ............,.................:.......... 1.13
May Stop Work or Terminate ....................... 15.5
provide site access to others .................... 7.2. 13.2
Safety :llld Protection ....... 4.3.1.2. 6.16. 6.18, 6.:!1-6.2.3,
7.2. 13.2
Shop Drawing and Sample Review Prior to'Submittal .6.15
SlOp Work requirements .................... ....... 4.S.:!
CONTRACTOR's-
Compensation.................................. 11.1-11.2
Continuing Obligation .............................. 14.15
Defective Worle .......................... 9.6. 13.1~13.14
Duty to correct defective Worle ..................... 13.11
Duty to Report-
Changes in the Worle caused by
E:ne~ncy ....................................... 6~
Defects in Worle of Others ......... . . .. . .. .. .. . . .., 7.3
Differing conditions .............................. 4.2.3
Discrepancy in Documents ........... 2.5. 3~3.2. 6.14.2
Underground Facilities not indicated .............. 4.3.2
Eme~ncies ........................................ 6.!3
Equipment and Machinery Rental, Cost
.of the Worle ......................... .......... 11.4.5.3
Fe:-Cost-Plus ..................... 1t.4.5 .6. It .5.1, 1t.6
Genera! Warranty and Guarantee ....._. ~ . . . . . . . . . . . . 6.30
Hazard Communication PrograinS ................... 6.21
Indemnification ......................6.12.6.16.6.31-6.33
Inspection of the Worle ......................... 7.3.13.4.
Labor. Materials :llld Equipment .................. 6.3-6.5
Laws and Regulations. Compliance by ............. 6.14.1
Liability Insurance ................................... 5.4
Notice oflntent to Appeal ..................... 9.10. lOA
obligation to perform and_complete the Work . . . . . . .. 6.30
Patent Fees and Royalties. paid for by ............... 6.12
~rfonnanc= and Other. Bonds ........................ 5.1
Permits. obtained :llld paid for by .................... 6.13
Progress Schedule..... 2.6.2.8.2.9,6.6. 6.:!9. 10.4, 15.2.1
Request for formal decision on disputes ............. 9.11
Responsibilities-
Changes in the Work .............................. 10.1
Concerning Subconuactors, Suppliers and Others. 6.8-
6.11
Continuing the Worle .... . .. . . . .. . .. .. .. .. ... 6.29, 10.4
CON"I"RACTOR's expense.............. ......... 6.7.1
CONTRACI'OR's General Warranty and Guaran-
tee ....................................... ...... ... 6.30
CONTRACI'OR's review prior to Shop Drawing or Sam-
ple submitUIJ ..................................... 6.15
Coordination of Work ..............................6.9.2
Emergencies' .......................... ...........6.23
ENGINEER's evaluation. Substitutes
or "Or.Equal" Items .......................... 6.7.3
.)
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Article or Paragraph
Number
For Acts and Omissions of Others ..... 6.9.1-6.9.2. 9.13
for deductible amounts. insurance .................. 5.9
general ................................. 6, 7.2. 7.3, 8.9
Hazardous CommuniCltion Programs . . . . . . . . . . . .. 6.22
I ndemnifiCltion ........................ ~ . .. .. 6.31-6~3
Labor. Malerials and Equipment ................ 6.3-6.5
l..:1ws and Regulations ............................ 6.14
Liability Insurance ................................. 5.4
Notice of variation from Contract Documents . . . .. 6:rT
Patent Fees and Royalties .......................... 6.12
~rmits ........................................... 6.13
Progress Schedule ................................. 6.6
Record Documents ............................... 6.19
related Work perfonned prior to ENGINEER's
approval of required submittals . . . . . . . . . . . . . . . . . 6.28
safe suucturalloading ......................... . .. 6.18
Safety and Protection ................... 6.20. 7.2. 13.2
Safety Representative ............................. 6.11
Scheduling the Worle ............................. 6.9.2
Shop Drawings and Samples ...................... 6.24
Shop Drawings and Samples Review
by ENGINEER ... ...... ..... ..... .......... ...6.26
Site Cle:uUincss ..... .. .. .. .. .. . .. . . . . . . . . . . . ... .. . 6.17
Submittal Procedures .............................6.15
Substitute Construction Methods and
,Procedures .................................... 6.i.2
Substiwtes and "Or-Equal" Items ................ 6.i.1
Superintendence ................................... 6.2
Supervision..... . .. . . . . .. ., . .. .. . . .. . .. . . . . . ...... . 6.1
Survival of Obligations ............................ 6.34
Taxes ............................................ 6.15
Tests and Inspections ............................. 13.5
To Report .... . .. . . .. . . .. .. . . .. .. . . . . . . . . . . .. . . .. . . 2.S
Use of Premises ......... . . . .. . . . .. . 6.16-6.18. 6.30.2.4
Review Prior to Shop Drawing or Sample Submittal .. 6.:5
Right to adjusunent for changes in the Worle ......... 10.2
rightto claim.. 4. 7.1. 9.4. 9.5. 9.11, 10.2. 11.2.11.9, 12.1.
13.9, 14.8. 15.1. 15.5. 17.3
Safety and Protection ................. 6.20-6.22, 7.2. 13.2
Safety Represenwive ............................... 6.21
Shop Dr2wings :llld Samples Submittals ......... 6.24-6.28
Special Consultants ............................... 11.4.4
Substitute ConstrUction Methods and Procedures ..... 6.7
Substitutes and "Or-Equal'. Items. Expense .. 6.7.1. 6.7.2
SubcontraCtors, Suppliers and Others ......"...... 6.8-6.11
Supervision :llld Superintendence ....... ..... 6.1. 6.2. 6.21
Taxes, Payment by .................................. 6.15
Use of Premises ................................ 6.16-6.18
Wammties :llld guarantees ...................... 6.30. 6.5
Warr:1rlly of Title ................................... 14.3
Written Notice Required-
CONTRACTOR stop Worle or tcnnirWe ........... 15.5
ReportS of Differing Subsurface and Physical Condi-
tions .......... .. . . . . . . . .. . .. . . .. .. . . .. . . . . . . . .. . . 4.:!.3
Substantial Completion ........................ ... 14.8
CONTRACI'QRS--other ................................. 7
Conuacwal Liability Insurance .................. ..... 5.4.10
ContraCtual Time Limits .............................. 12.2
Coordination
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e
")
Articlt or Paragraph
Numbtr
_ CONTRACTOR's responsibility .................... 6.9.2
Copies of Documents .......... .. . .. . . .. .. . .. . . . . . . .... 2.2
Correction Period ........................ ............. 13.12
Correction. Removal or Acceptance of
Defective Work
in general ............................. 10.4.1. 13.10.13.14
Acceptance of Defective Work ..................... 13.13
Correction or Removal of Defective Work.... . 6.30. 13.11
Correction Period .................................. 13.12
OWNER May Correct Defective Work ............. 13.14
OWNER May Stop Work .......................... 13.10
Cost-
of Tests and Inspections............................. 13.4
Records ........... .'... . ... ... . ............. ...... .. 11.7
Cost of the Work-
Bonds and insurance~ additional ................. 11.4.5.9
Cash Discounts ..... ~ . . . . . . . . . . . . .. . . . . . . . . . . .. ... 11.4.2
CONTRACrOR's Fee .............................. 11.6
Employee Expenses.,............................ 11.4.5.1
Exclusions to ........................................11.5
General ........................................ 11.4-11.5
Home office and overhead expenses ................. 11.5
Losses and damages.. . . ... .... .. .. .. .... .. .. ., ., 11.4.5.6
Materials and equipment .......................... 1 \.4.2
Minor expenses ...................'..............1\.4.5.8
Payroll costs on changes ... . .. . . .. .. . . . . .. . .. .. ... 11.4.1
performed by Subcontractors ...................... 11.4.3
'Rc:cords ............................................ 11.7
Rentals of construction equipment and machinery. 11.4.5.3
Royalty payments. permits and license fees ...... 11.4.5.5
Site office and temporary facilities . '.. .. ....... ... 11.4.5.2
. Special Consultants. CON1'RAC1OR's ............ 11.4.4
Supplemental ..................................... 11.4.5
Taxes related to the Work ....................... 11.4.5.4
Tests and Inspection ................................ 13.4
Trade Discounts .................. . . . . . .. .. .. . .. .. 11.4.2
Utilities. fuel and sanitary facilities ............... 11.4.5.7
Work after regular hours .......................... 11.4.1
.Covering Work ...................................13.6-13.7
Cumulative Remedies ...................:...:.... 17.4-17.s
Cuaing, fiaing and patching ................ .. . .. . .. . ... 7.2
Dam. to be furnished by OWNER ...................... 8.3
Day--definition of .................. '.. .. .. .. . . .. .. .... 17.2.2
Decisions on Disputes ........... .. .. .. . .. .. .. .. . 9.11. 9.12
defective--dcfinition of ................................ 1.14
defective Work-
Acceptance of .............................. 10.4.1. 13.13
Correction or Removal of ................... 10.4.1. 13.11
Correction Period .................................. 13.12
in general .................,............... 13. 14.7. 14.11
Observation by ENGINEER .,...,........,.......... 9.2
OWNER May Stop Work........ ~................. 13.10
Prompt Notice of Defects ........................... 13.1
Rejecting .......................;..................... 9.6
Uncovering the Work ............................... 13.8
Definitions ...... .............. ............................ I
DeJays ................................ '-4.1. '6.29. 12.3-12.4
Delivery of Bonds ........................... ........... 2.1
Delivery of certificates of insurance ..................... 2.7
)
,:.
e
A.rticlt or Paragraph
Number
Determinations for Unit Prices ........................ 9.10
Differing Subsurface or
Physical Conditions
Notice of .......................................... 4.2.3
ENGINEER's Review .............................4.2.4
Possible Contract Documents Change ............... 4.2.5
Possible Price and Times Adjustments .............. 4.2.6
Discrepancies-Reporting and Resolving .... 2.5. 3.3.2, 6.14.2
Dispute Resolution-
Agre:ment ..................................... 16.1-16.6
Arbitration ..................................... 16.1-16.5
general ........................................... ~... 16
Mediation .......................................... 16.6
Dispute Resolution Agreement .................... 16.1-16.6
Disputes, Decisions by ENGINEER .............. 9.11-9.12
Documents-
Copies of ............................................2.2
Record ............................................. 6.19
Reuse of ............................................. 3.7
Drawings--definition of ............................... 1.15
Easements ............................................. 4.1
Effective date of Agreement--definition of ............. J.J6
Emergencies .......................................... 6.23
ENGINEER- .
as initial interpreter on disputes ................. 9.11-9.12
definition of . .............. ................ .......... 1.17
Limitations on authority and
responsibilities ................................. 9.13
Replacement of ............................ ..... . ..... 8.2
Resident Project Representative ...................... 9.3
ENGINEER's Consultant-definition of ............... 1.18
ENGINEER's- .
authority and responsibility, limitations on ..... . . . . . . 9.13
Authorized Variations in the Work .................... 9.5
Change Orders. responsibility for .......... 9.7, 10, II, 12
Clarifu:ations and Interpretations ............... 3.6.3, 9.4
Decisions on Disputes .......................... 9.11-9.12
defective Work, notice of ........................... 13.1
Evaluation of Substitute Items ...................... 6.7.3
Liabiiity ....................................... 6.32. 9.12
Notice Work is Acceptable ......................... 14.13
Observations ..,....... . . .. .. . .. .. . . .. .. .. .. .. 6.30.2, 9.2
OWNER's Representative .. .. .. . .. .. .. .. . .. .. .. .. ... 9.1
Payments to the CONTRACTOR.
Responsibility for ....................:......... 9.9, 14
Recommendation of Payment ................. 14.4. 14.13
, Responsibilities- .
Limitations on ................................ 9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions .......................... 4.2.4
Shop Drawings and Samples. review
responsibility ..................................... 6.26
Swus' During Constnlction-
authorized variations in the Work .................. 9..5
Clarifications and Interpretations ................... 9.4
Decisions on Disputes ........................ 9.11-9.12
Determinations on Unit Price ..................... 9.10
ENGINEER as Initial Interpreter............. 9.11-9.12
ENGINEER's Responsibilities ................ 9.1-9.12
7
e Arriclt or Paragraph
Numbtr
)
..
Limitations on ENGINEER's Authority and
· Responsibilities................................... 9.13
OWNER's Representativc .,.......................9.1
Projcct Representative ............................. 9.3
Rejecting Defective Work .......................... 9.6
Shop Drawings. Change Orders and
Payments ............................ _......... 9.7-9.9
Visits to Site ......................................9.2
Unit Price Determinations ........................... 9.10
Visits to Site ......................................... 9.2
Written consent required ......................... 7.2, 9.1
Equipment, Labor, Materials and .. . . . . . . . . . . . . . .. .. 6.3-6.5
Equipment rental, Cost of the Work .... ~ . . ......... 11.4.5.3
Equivalent Materials and Equipment .................... 6.7
Errors or omissions ........................... .. .. .... 6.33
Evidence of Financial Arrangements................... 8.11
Explorations of physical conditions .............,..... 4.2.1
Fee, CON1"RACTOR's-Costs-Plus ..................; 11.6
Field Order-
definition of ........................................ 1.19
issued by ENGINEER. .... .................... 3.6.1, 9.5
Final Application for Payment ....................,... 14.12
Finallnspcction ...................................... 14.11
Final Payment-
and Acceptance .............................. 14.13-14.14
Prior to, for cash allowances .. . .. .. .. .. .. .. .. .. .. ... 11.8
General Provisions ...............................17.3-17.4
General Requirements-
detinuon of ......................................... 1.20
principal references to .............. 2.6, 6.4, 6.&.6.7, 6.24
Giving Notice.. ........ ............................... 1i.l
Guarantee of Work-by
CONTRACI'OR ................. ....... ...... 6.30, 14.12
Hazard Communication Prognuns .. . . . . . . . . . . . . . . . . . . . 6.22
Hazardous Waste- .
definition of ........................................ 1.21
general ........................... .... . .. .. ........... 4.5
OWNER's responsibility for ........................8.10
Indemnification ........................6.12,6.16,6.31-6.33
Initially Acceptable ScheduJes .......................... 2.9
Inspection-
Certificates of ......................... 9.13.4, 13.5, 14.12
F"'U1aI .............................................. 14.1 1
Spcc:iaI. required by ENGINEER .................... 9.6
Tests and Approval .................;...... 8.7.13.3-13.4
Insunmc:c- .
Accepcanc: of, by OWNER .........................5.14
Additional. required by changes
in the Work ........................... ...... .11.4.5.9
Before sauting the Work .............................. 2.7
Bonds and-in general ................................. 5
CanccDation Provisions ........................ ......5.8
CenificaICS of .. 2.7. 5.5.3,5.4.11.5.4.13,5.6.5,5.8.5.14.
9.13.4. 14.12
completed opcr.uions ..............................5.4.13
CON'l"RACIOR's Liability ................ ........... 5.4
CON'l"RACIOR's objection to COVCf31C .............5.14
Coatracuml Liability ............... .'..............5.4.10
)
........
e
Arriclt or Paragrapn
Numbtr
deductible amounts, CONTRACTOR's
responsibility .................................... 5.9
Final Application for Payment ...................... 14.12
Licensed Insurers .................................... 5.3
Notice requirements. material
changes .................................. 5.8. 10.50
Option to Replace ..... ........... .................. 5.14
other special insurances ............................. 5.10
OWNER as fiduciary for insureds .............. 5.12-5.13
OWNER's Liability .................................. s..s
OWNER's Responsibility....... ............ .........8.5
Panial Unlization. Property Insurance ...............5.15
Property ......................................... 5.6-5.10
Receipt and Application of Insurance Proc::ds ..5.12-5.13
Special Insurance ................................... 5.10
Waiver of Rights .................................... 5.11
Intent of Contract Documents .. ~. ..... .. . .. ... . . . . .. 3.1-3.4
Interpretations and Clarifications ................. 3.6.3. 9.4
Investigations of physical conditions .................... 4.2
Labor. Materials and Equipment .................... 6.3-6.5
Lands-
and Easements ... . . . .. . . .. .. .. . : .. . . . . . . . . .. .. . . .... 8.4
Availability of . ~ . .. .. . . . . . . . . . . . . .. . . . . . . .. . . . .. . 4.1 , 8.~
Reports &. Tests .. . . . . . . . .. . . .. .. .. . . . . . . . . .. .. .. . ... 8.4
Laws and Regulalions-Laws or Regulations-
Bonds .......................... .................5.1-5.2
Changes in the Work ................................ 10.4
Contract Documents ................................. 3.1
CONTRACTOR's Responsibilities .............. no.. 6.14
Correction Period. defective Work .................. 13.12
Cost of the Work. taxes ......................... I 1.4.5.4
definition of ........................... ............. 1.22
general .................:...........................6.14
Indemnification ................................ 6.3 1-6~3
Insurance............................. ............... 5.3
Precedence ....................................3.1,3.3.3
Reference to ....................................... 3.3.1
Safety and Protection ........................... 6.20, 13.2
Subcontractors, Suppliers and Others ............ 6.8-6.11
Tests and Inspections.;................ .............. 13.5
Use of Premises .................................... 6.16
Visits to Site........................... ..............9.2
UabiJity Insurance-
CONTRAC'IOR's .................................... 5.4
OWNER's...................... .....................5.5
Uccnscd Sureties and Insurers .. ~ ...... .... ... ........ . 5.3
Uens-
Application for Progress Payment ................... 14.2
Contractor's Wamnty of Title ....................... 14.3
Final Application for Payment......... ... .... ...... 14.12
definition of ........................................ 1.13
Waiver of Claim .................................. 14.15
Umitations on ENGINEER's authority and .
responsibilities ..................................... 9.13
~ted Reliance by CONTRACIOR Authorized ...... 4,U
Maintenance and Operating Manuats.--
F"ma1 Application for Payment ...................... 14.12
Manuals (of others)- ". '
Precedence .......................................3.3.3.1
8
e
'j
. .
Article or Paragraph
Number
.
Reference to in Contract Doc:uments ................ 3.3.1
Materials and equipment-
furnished by CONTRACl"OR ........................ 6.3
not incofl'orated in Work.. .. .. . . ... .. . . ... .......... 14.2
Materials or equipmef!l--equivalent ..................... 6.7
Mediation (Optional) ......................... ~........ 16.7
Milesrones-definition of .............................. 1.24
Miscellaneous-
Computation of Times .............................. 17.2
Cumulative Remedies ............................... 17.4
Giving Notice ....................................... 17.1
Notice of Claim ..................................... 17.3
Professional Fees and Court Costs Included .......... 17.5
Multi-prime contracts ............................. ....... 7
Not Shown or Indicated .............................. 4.3.2
Notice of-
Acceptability of Project ............................ 14.13
Award. definition of .. .. . . . . . . . . .. . . .. . . .. .. . . . . .. ... 1.2S
Claim ..............................;............... 17.3
Defects, ..................... ......... ....... ....... 13.1
Differing Subsurface or Physical. Conditions ......... .4.2.3
Giving .............................................. 17.1
Tests and Inspections .......................... ..... 13.3
Variation. Shop Drawing and Sample ................ 6.27
Notice to Proc:eed-
definition of ........................................ 1.26
giving of ......... .......... ............ ..............2.3
Notification to Surety ................................. 10.5
Observations, by ENGINEER ....................6.30.9.2
Occupancy of the Work ................ 5.15. 6.30~4. 14.10
Omissions or acts by CONTRACTOR ............. 6.9. 9.13
"Open peril" policy fonn; Insurance ................... .5.6.2
Option to Replace .................................... .5.14
"Or Equal" Items............................ .......... 6.7
Other work.................. ............ ................ 7
Overtime Work-prohibition of ......................... 6.3
OWNER-
Acceptance of defective Work ...................... 13.13
appoint an ENGINEER .............................. 8.1:
as fiduciary ...................................: 5.12-5.13
Availability of Lands: responsibility...........:....... 4.1
definition of .............. ............. ............. 1.!7
data. furnish ......................................... 8.3
May Correct Defective Work........ ..... ~......... 13.14
May refuse to make payment...... .................. 14.7
May Stop the Work................... .... ......... 13.10
may suspend work.
tenninate ....................... 8.8. 13.10. 15.1-15.4
Payment. make prompt ...................8.3. \4.4. 14.13
performance of other Work .......................:..". 7.1
permits and liceD$cs. requirements .................. 6. 13
purchased insurance requirements ............... 5.6-5.10
OWNER's-
Acceptance of the Work ......................... 6.30.2.5
Change Orders. obligation to
execute.......:.................... ........8.6. 10.4
Communications ............. .. .. .. .. . .. . . .. .. .. .. ... 8.\
Coordination of the Work .. .. . .. . ... .. .. . .. . ... .. .... 7.4
DispulCS. request for deeision ....................... 9.11
')
~.,.
e
Article or Paragraph
Number
Inspections. tests and approvals ................. 8.7, 13.4
Uability Insurance ................................... 5.5
Notice of Defects ................................... 13.1
Representative-During ConstrUction.
ENGINEER's Status ............................ 9.1
Responsibilities-
Asbestos, PCB's. Petroleum. Hazardous
Waste on Radioactive Material .................. 8.10
Change Orders .................. . .. . . . :.. .. .. .. .. . 8.6
Changes in the Work.......... ............... ..... 10.1
communications .............................. .. ... 8.1
CON1'RACI"OR's responsibilities .................. 8.9
evidence of financial anangements .... . . . . . . . . . . .. 8.11
inspections, tests and approvals ..................... 8.7
Insurance ......................................... 8.5
lands and casements ............................... 8.4
prompt payment by ................................ 8.3
replacement of ENGINEER .......................8.2
repons and tests ................................... 8.4
stop or suspend Work .................. 8.8, 13.10, IS. I
terminate CONTRACTOR's services ..........8.8,15.2
separate representative at site ........................ 9.3
independent testing .................................13.4
use or oc:c:upancy of the
Work .................................... 5.1S. 14.10
Written consent or approval
required ...............................9.1.6.3.11.4
wrinen notic:
required .......... 7.1, 9.4. 9.11,11.2. 11.9. 14.7. IS".4
PCBs-
definition of ................................. ....... 1.:!9
general ............................. .'. ............... 4.5
OWNER's responsibility for ........................8.10
Partial Utilization- .
definition of ... ............... ........... ........... 1.28
gener.ll ................................... 6.30.2.4. 14.10
Propeny Insutance ................................. 5. IS
Patent Fees and Royalties ............................. 6.12
Payment Bonds ..................................... 5.1-5.2
Payments. Recommendation of ............. 14.4-14.7. 14.13
Payments to CONTRACTOR and Completion-
Application for Progress Payments . . . . . . . . . . . . . . . . .. 14.2
CONTRAClOR's Wananty ofntle ................. 14.3
Final Applic:aDon for Payment ...................... 14.12
Final Inspection .................................... 14.11
Final Payment and Acceptance ............... 14.13-14.14
general ........................................... 8.3. 14
PaniaI Unlization .................................. 14.10
Retainage ........................................... 14.2
Review of Applications for Progress
Pa)'lllCnts .................................. 14.4-14.7
prompt payment .....................................8.3
Schedule of Values .................................. 14. I
Substantial Completion......................... 14.8-14.9
Waiver of Claims ...... .. .. . .. .. . .. .. .. . .. . .. . ,; .... 14.15
when payments due .......................... 14.4. 14.13
withholding payment............................ .... 14.7
Performance Bonds ................................. 5.1-5.2
Permits ...............................................6.13
9
e
Arrid~ or Paragraph
Numb~r
.)
Peuoleum-
definition of ........................................ 1.30
general .............................................. 4.5
OWNER's responsibility for ........................ 8.10
Physical Conditions-
Drawings of. in or relating to ......... . . .. .. . .. . . . 4.2.1.2
ENGINEER's review ..............................4.2.4
existing structures .................................. 4.2.2
general ........................................;:.. 4.2.1.2
Subsurface and. ...................................... 4.2
Underground Facilities ............................... 4.3
Possible Conuac:t Documents Change ............... 4.2.5
Possible Price and Times Adjustments .............. 4.2.6
Reports and Drawings .............................. 4.2.1
Notice of Differing Subsurface or. . . . . . . . . . . . . . . . . .. 4.2.3
Subsurface and ... . . . .. . . . . . . .. .. . . . .. .. . . . .. . .. . . ... 4.2
Subsurface Conditions ............................ 4.2.1.1
Technical Daca. Limited Reliance by .
CONTRAClOR Authorized. . . .. . .. . . . .... .. .. . 4.2.2
Underground Facilities-
general .......................................... 4.3
Not Shown or Indicated ....................... 4.3.2
Protection of ...................,........... 4.3. 6.20
Shown or Indicated ............................4.3.1
Technical Data ..................................... 4.2.2
Preconstruction Conference ........ .. . .. .. . .. .. . . . . .... 2.8
Pretiminary Maners .....,................................ 2
Preliminary Schedules .................................. 2.6
Premises. Use of ................................. 6.16-6.18
Price, Change ofConuact ........................... .... II
Price. Contract-de6nition of .......................... 1.11
ProgTess Payment. Applications for .................... 14.2
Progress payment-retainage .......................... 14.2
Progress schedule, CONTRACTOR's .....2.6.2.8.2.9.6.6.
6.29. 10.4. 15.2.1
Project--definition of .................... . .. .. .. .. .. ... 1.31
Project Representative-
ENGINEER's Status During Construction............ 9.3
Project Representative. Resident
-definition of .......~........... ....,.. ... .. .. ....... 1.33
prompt payment by OWNE~ ........................... 8.3
Property Insurance
~cUtio~ .........~................................. 5.7
general ............ ....... ...................... . 5.6-5.10
Partial Utluzation ...........................5.15.14.10.2
reeeipt and application of
proceeds ................................... 5.12-5.13
Protection. Safety and ....................... 6.20.6.21, 13.2
Punch list .............. '... .... ....................... 14.11
Radioactive Material-
de6nition ........................................... 1.32
general .............................................. 4.5
OWNER's responsibility for ........................ 8.10
Recommendation of Payment .............. 14.4, 14.5, 14.13
Record Documents ............................. 6.19. 14.12
Records. procedures for ,maintaining .................... 2.8
Reference Points ......................... ............... 4.4
Reference to Standards and SpecifiCltions
ofTecbnical Societies ................................3.3
'-:)
e
Arrid~ or Paragraph
Numb~r
Regulations. L:1ws and (or) ............................ 6.14
Rejecting Defective Work. . . . . . . . . . . . . . . . . . . . . . .. . . . .. .. 9.6
Related Work-
at Site ............... . . .. . . . .. . .. .. . . . . . . . .. . . .., 7.1-7.3
Performed prior to Shop Drawings
and Samples submittals review.................. 6.28
Remedies, cumulative............................ 17.4. 17.5
Removal or Correction of
Defective Work .................................... 13.11
rental agreements. OWNER approval
required ...................................... 11.4.5.3
replacement of ENGINEER. by OWNER .............. 8.2
Reporting and Resolving Discrepancies .... 2.5. 3.3.2. 6.14.2
ReportS-
and Drawings ...................................... 4.2.1
and Tests, OWNER's responsibility ..................8.4
Resident Project Representative-
definition of ........................................ 1.33
provision for ......................................... 9.3
Resident Superintendent. CONTRACTOR's. ............ 6.2
Responsibilities-
CONTRACl'OR's-in general ................... ........6
ENGINEER's-in general ............. ..... ...... .......9
Limitations on .................................... 9.13
OWNER's-in general ........................... ....... 8
Retainage ............................................. 14.2
Reuse of Documents ................................... 3.7
Review by CONTRAC1"OR: Shop Drawings
and Samples Priorto Submittal ...................... 6.25
Review of Applic::uions for Progress
Pay.ments ...................................... 14.4-J4.i
Right to an adjustment ...................... . .. .. .. ... 10.2
Rights of Way .......................................... 4.1
Royalties, Patent Fees and ............................. 6.12
Safe Structur.JJ Loading ............................... 6.18
Safety-
and Protection .......4.3.2.6.16.6.18.6.20-6.21.7.2.13.2
general .. .. . . .. . . . . . . .. . .. .. . . . . . . .. . . . . . .. . .. . 6.20-6.23
Representative. CONTRACTOR's ................... 6.21
Samples-
definition. of ........................................ 1.34
general .., ....... ..............................6.24-0.28
Review by CONTRACTOR ......................... 6.25
Review by ENGINEER ....................... 6.26. 6.27
related Work ...............................~........ 6.28
submittal of ....................................... 6.24.2
submittal procedures ................................ 6.25
Schedule of progress ..... 2.6. 2.8-2.9, 6.6. 6.29, 10.4. IS~1
Schi:dule of Shop Drawing and Sample
Submittals ....................... 2.6. 2..8-2.9. 6.24-0.28
Schedule of Values........................ 2..6. 2.8-2.9. 14.1
Schedules-
Adherence to ..................................... 15.2.1
Adjusting ............................................ 6.6
Change of Contr.lct Times .......................... 10.4
Initially Acceptable ............................... 2..8-2.9
Preliminary............................ ..... .........2.6
Scope of Changes .............................. 10..3-10.4
Subsurface Conditions .............................. 4.2.1.1
10
e Article or Paragraph
Number
)
Shop Drawings-
-and Samples. general ........................... 6.24-6.28
Change Orde~ &. Applicinions for
Payments. and ...............................9.7-9.9
definition of ...................................... .. L3S
ENGINEER's approval of ......................... 3.6.2
ENGINEER's responsibility
for review ...............................9.7.6.24-6.28
rela1ed Work ........................................ 6.28
review procedures ......................... 2.8. 6.24-6.28
subrniaal required ................................. 6.24.1
Subrniaal Procedures ............... .. . . . .. . . . . . . . .. 6.25
use to approve substitutions ................. .. ... .. 6.7.3
Shown or Indic:ated ................................... 4.3.1
Site Access .......................................7.2.13.2
Site Cleanliness ....................................... 6.17
Site. Visits to-
by ENGINEER ................................9.2.13.2
by others ........................................... 13.2
"Special causes of loss" policy fonn. insurance ....... 5.6.2
Specifications-
definition of ........................................ 1.36
of Teehnic:aJ Societies. reference to ................. 3.3.1
precedence ........................................ 3.3.3
Srandards and Specifications of Tec:hnic:aJ
Societies .......................................... 3.3
Starting Construction. Before ....... . . . . . . . . . . . . . . . . 2.5-2.8
Starting the Work ...................................... 2.4
Stop or Suspend Work-
by CONTRACTOR ............... .... .... .......... 15.5
by OWNER .............................8.8. 13.10. 15.1
Sto~ of materials and equipment ................. 4.1. 7.2
SuuctUrall.oading. Safety ............................. 6.18
Subc:onuaaor-
Concerning. ..................................... 6.8-6.11
definition of ...................... ... .. . . .. . .. . .. . ... 1.37
deblys .............................................. 1~3
waiver of rights ......... ......... ......... ........... 6.11
Subc:ontractors-in general .... .. . .. .. .. . . . . .. . .. . . 6.8-6.11
Subc:onaac:ts-requircd provisions ........ S .11. 6.11. 11.4.3
Submiaals-
Applications for Payment. ........................... 14.2
Maintenance and Operation Manuals ............... 14.12
Procedures .......................................... 6.25
Progress Schedules .............................. 2.6. 2.9
Samples .. .. . .. .. . .. .. .. .. .. .. .. .. .. ~ . .. .. .. ... 6.24-6.28
Schedule of Values ............................. 2.6. 14.1
Schedule of Shop Drawings and
Samples Submissions .................... '2.6. 2.8-2.9
Shop Drawings ................................. 6.24-6.28
Substantial Completion- .
ccrtificaDon of .........................6.30.2.3. 14.8-14.9
definition of ........................................1.38
Substitute Construction Methods or Procedures ....... 6.7.2
Substitutes and "Or Equal" Items ...................... 6.7
CONTRACTOR's Expense ....................... 6.7.1.3
ENGINEER's Evaluation .......................... 6.7.3
"Or-Equal" ........................................6.7.1
Substitute Construction Methods of Procedures ..... 6.7.2
'''-)
e
Arriclt or Paragraph
Numbtr
Substitute Items .................................. 6.7.1.2
Subsurface and Physic:al Conditions-
Drawings of. in or relating to ..................... 4.2.1.2
ENGINEER's Review ............. .......... ......4.2.4
general .............................................. 4~
Limited Reliance by CONTRACTOR
Authorized .................................... 4.2.2
Notice of Differing Subsurface or
Physical Conditions ................................ 4.2.3
Physical Conditions ................................. 4.2.1.2
Possible Contract Documents Change ................. 4.2.5
Possible Price and Times Adjustments .... . . . . . . . . . . .. 4.2.6
Repons and Drawings ................................ 4.2.1
Subsurface and ......... . . . . . . . . . . . . . . .. . . .. . . .. . .. . . 4.2
Subsurface Conditions at the Site ................. 4.2.1. I
Technical Data ..................................... 4.2.2
Supe:vision-
CONTRACTOR's responsibility ...................... 6.1
OWNER shall not supervise ....... . .. .. .. .. . .. .. . ... 8.9
ENGINEER shall not supervise. ...... .... .... 9.2. 9.13.2
Superintendence ................................ .......6.2
Superintendent. CONTRACTOR's resident ...........6.2
Supplemental costs .................................. 11.4.5
Supplementary Conditions-
definition of ........................................ 1.39
principal reference to .... 1.10. 1.18. 2.2. 2.7. 4.2.4.3.5.1.
5.3.5.4.5.6-5.9,5.11.6.8.6.13.7.4.8.11.9.3.9.10
Supplementing Contract Documents ............... . . . .. 3.6
Supplier-
definition of ................................... . . ... 1.40
principal references to .................. 3.7. 6.5. 6.8-6.11,
6.20. 6.24. 9.13, 14.12
Waiver of Rights .................................... 6.11
Surety-
consent to linal payment ......:.............. 14.12. 14.14
ENGINEER has no duty to ......................... 9.13
Notification of ........................... 10.1, 10.5. 15.2
qualilic:a1ion of ................................... 5.1-5.3
Survival of Obligations ................................ 6.34-
Suspend Work. OWNER May.................. 13.10. 15.1
Suspension of Work and Termination- .................. IS
CONTRACTOR May Stop Work or
Terminate ........................................ 15.5
OWNER May Suspend Work ....................... 15.1
OWNER May Tenninate ....................... 15.2-15.4
Taxes-Payment by CONTRACI'OR .................... 6.15
Tcchnic:al Data-
Limited Reliance by CONTRACTOR ............... 4.2.2
Possible Price and Tunes Adjustments .............. 4.2.6
Repons of Differing Subsurface and
Physical Conditions .............................. 4.2.3
Temporary construction facilities ........................ 4.1
Termination-'
by CONTRACTOR....................... .......... 15.5
by OWNER ...............................8.8, 15.1-15.4
of ENGINEER's employment ........................ 8.2
Suspension of Work -in general ......... ........... .... IS
Tenns and Adjectives .................................. 3.4
Tests and Inspcctio~
11
e
)
Articl~ or Paragraph
. . Numb~r
. Access to the Work, by others ...................... 13.2
CONTRACI'OR's responsibjJjties .................... 13.5
cost of ..............................................13.4
covering Work prior to ......................... 13.6-13.7
Laws and Regulations (or) .......................... 13.5
Notice of Defects ................................... 13.1
OWNER May Stop Work .......................... 13.10
OWNER's independent testing ......................13.4
spceia/, required by ENGINEER ............. ~ ....... 9.6
timely notice required............................... 13.4
Uncovering the Work, at ENGINEER's
~uest ....................................13.8-13.9
Times-
Adjusting ............................................ 6.6
Change of Contract ................................... 12
Adjusting............................................6.6
Computation of .............................. ~....:. 17.2
Contract Times-definition of ....................... 1.12
day ............................................... .17.72
MIlestones ........................................... 12
Requirements--
appeals ~......................................... 16
clarifications. claims and
disputes ............................. 9.11.11.2.12
commencement of contract times ................... 2.3
prcc:onstruc:t.ion conferenc:: ....... ~ . .. . ~ . .. . . . .. .... 2.8
schedules ................................. 2.6. 2.9, 6.6
starting the Work .................................. 2.4
Title, Wananty of ....................... ......... ..... 14.3
Uncovering Work ................................ 13.8-13.9
Underground Facilities, Physical Conditions--
definition of ........................................ 1.41
Not Shown or Indicated .....................,...... 4.3.2
protection of ................................... 4.3. 6.20
Shown or Indic:alcd . ~................. ............. 4.3.1
Unit Price Work-
claim ............................................ 11.9.3
definition of ........................................ 1.42
geoeml .......................... ~....... 11.9. 14.1. 14.5
Unit Prices--
general ................:.......................... 11.3.1
Detennination for.................. .................9.10
Use of Premises ........................ 6.16, 6. J8, 6.30.2.4
Utility owners ......................6.13,6.20.7.1-7.3.13.2
)
e
Al'lic/e or Paragraph
Number
Utilization. Partia1 ............... 1.28. 5.15. 6.30, 2.4, 14.10
Value of the Work................ ..... ................ 11.3
Values, Schedule of ....................... 2.6. 2.8-2.9, 14.1
Variations in Work-Minor
Authorized................... ........ .. ... 6.25, 6.IT, 9.5
Visits of Site-by ENGINEER .... ........ ..... ........9.2
Waiver of Claims-on Final
Payment ........................................... 14.15
Waiver of Rights by insured panies ...............5.11.6.11
Warranty and Guarantee, GeneraJ-by
CO~R .................................... 6~
Warranty of nt/e. CONTRACTOR's................... 14.3
Work-
Access to ........................................... 13.2
by others. .............................................7
Chang-..$ in the .... .. .. .. .. . .. .. .. .. .. . .. .. .. .. .. .. ... 10
Continuing the. ..................................... 6.29
CONTRAC'lOR May Stop Work
or Tenninate ................................... 15.5
Coordination of ...................................... 7.4
Cost of the .........................:........... 11.~11.s
. definition of ........................................ 1.43
neglected by CONTRACTOR ...................... 13.14
other Work ............................................7
OWNER May Stop Work .......................... 13.10
OWNER May Suspend Work ................. 13.10. IS. 1
Related. Work at Site............................. 7.1-;.3
Starting the .......................................... 2.4
Stopping by CONTRACTOR........................ 15.5
Stopping by OWNER .......................... 15.1-15.4
Variation and deviation authorized.
minor ............................................ 3.6
Work Change Dircctive-
claims pursuant to ...... .. .. . .. .. .. . . .. . . .. . .. .. .... 10.2
definition of ........................................ 1.44
princip'a! references to .................... 3.5.3, 10.1-10.2
Written Amendment-
definition of ........................................ 1.45
principal references to ... .1.10. 3.5. 5.10. 5.12, 6.6.2, 6.8.2.
6.19.10.1.10.4.11.2, J2.I, J3.12.2, 14.;.2
Written Clarifications and
InteflJrctations ...........................3.6.3,9.4,9.11
Written Notice Required-
by COJll'TRAC'lOR ........ 7.1, 9. 1D-9.Jt, JO.4, 11.2, .12.1
by OWNER..... .............. .9.10-9.11, 10.4, 11.2, 13.14
12
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GENERAL CONDITIONS
· ARTICLE I-DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following tenns have the meanings"
indicaled which arc applicable to both the singular and plural
thereof:
1. J. Addenda-Written or graphic instruments issued prior
to the opening of Bids which clarify, correct or change the
Bidding Requirements or the Contract Documents.
J.2. Agreement-The written contract between OWNER
and CO~"TRAcroR covering the Work to be perfonncd; other
Contract Documents are attached to the Agreement and made
a part thereof as provided therein.
1.3. Application/or Payment-The fonn accepted by EN.
GINEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to be accompinied by
such supporting documentation as is required by the Contract
Documents.
J
1.4. Asbestos-Any material that contains more than one
percent .asbestos and is friable or is releasing asbestos fibers
into the air above CWTcnt action levels cstablished by the
United Stales Occupational Safety andHea1th Administration.
1.5. Bid-The offer or proposal of the bidder submined on .
the prescribed form serong forth the prices for the Work to be
performed.
1.6. Bidding Documents-The advertisement or invitation
to Bid, instructions to bidders, the Bid fonn, and the proposed
Contract Documents (incJuding all Addenda issued prior to
receipt of Bids). .
1.7. Bidding Requirements-The advertisement or invita-
tion to Bid. instructions to bidders, and the Bid form.
1.8. Bonds-Pcrfonnance and PaYment bonds and other
instr\lments of security.
1.9. Change Order-A document tecommended by ENGI-
NEER, which is signed by CONTRACTOR and OWNER and
authorizes an addition, deletion or revision in the Work, or an
adjusunent in the Contract Price or the Contract Tuncs, issued
on or after. the Effective Date of the AgreemenL
)
.~
1.10. Contract Documents-The Agreement. Addenda
(which perrain to the Contr3Ct Documents), CONTRACTOR's
Bid fmcJuding documentation accompanying the Bid and any
post Bid documentation submitted prior to the Notice of
Award) when attached as an exhibit to the Agreement, the
Notie: to Proceed, the Bonds, these GCIIC1'3I Conditions, the
Supplementary Conditions, the Spccificalions and the Draw-
ings as the same arc more specifically identified in the Agree.
e
menL together with all Written Amendments, Change Orders.
Work Change Directives, Field Orders and ENGINEER's
written interpretations and clarifications issued pursuant to
paragr.aphs 3.5, 3.6.J, and 3.6.3 on or after the Effective Date
of the Agreement. Shop Drawing submittals approved pursu-
ant to paragraphs 6.26 and 6.27 and the repons and drawings
referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract
Documents.
1.11. COnlract Price- The moneys payable by OWNER to
CON1'RACl'OR for completion of the Work in ac::ordancc
with the Contract Documents as stated in the Agreement
(subject to the provisions of paragraph J 1.9.1 in the case of
Unit Price Work).
1.12. Contract TImes-The numbers of days or the dates
stated in the Agreement: (i) to achieve Substantial Completion,
and (ii) to complete the Work so that it is ready for final
payment as evidenced by ENGINEER's written recommenda-
tion of final payment in accordance with paragraph 14.13.
1.13. CONTRACroR- The person. finn or corporation
with whom OWNER has entered into the AgrccmenL
1.14. d~/~ctiv~-An adjective which when modifying the
word Work refers to Work that is unsatisfactory. faulty or
deficient, in that it does not confonn to the Contr""..c:t Docu-
ments, or does not meet the requirements of any inspection,
reference standard, test or approval referred to in the
Contract Documents, or has been damaged prior to ENGI-
NEER's recommendation of final payment (unless rcsponsi-
bilityfor the protection thereofhas been assumed by OWNE.R
at Substantial Completion in accordance with paragraph 14.8
or J4.10). "
us. Drawings-The drawings which show the scope,
extent and charaaer of the Work to be furnished and per-
formed by CONTRACTOR and which have been prepared or
approved by ENGINEER and arc referred to in the Contract
Documents. Shop drawings are not Drawings as so defined.
t.16. Effective Dau ofth~ Agre~ment-The date indicated
in the Agreement on which it becomes effective, but if no such
date is indicaled it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
1.17. ENGINEER-The person, !inn orcorporaIion named
as such in the AgreemenL
1. J8. ENGINEER's Consultant-A person, firm or c0rpo-
ration having a contract with ENGINEER to furnish services
as ENGINEER's independent professional assoc:iatc or con-
sulrant with respect to the Project and who is identified as such
in the Supplementary Conditions.
1.19. Field Order-A wrinen ordei-issued by ENGINEER.
which orders minor changes in the Work in accordance with
paragraph 9.5 but which docs not involve a change in the
Contract Price or the Contract Tunes.
13
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1.20. G~n~ral R~quiremenls-Sections of Division I of the
Specifications.
.
1.2t. Hazardous Wast~-The tenn Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid Waste
Disposal Act (42 USC Section 6903) as amended from time to
time.
1.22. lAws and R~gulations: lAws or R~gulalions-Any
and all applicable laws, rules, regulations, ordinances, codes
and orders of any and all governmental bodies, agencies.
authorities and courts having jurisdiction.
1.23. Liens-Liens, charges, security interests or encum-
brances upon real propeny or personal propeny.
1.24. Mi/~sron~-A princ:ipal event specified in the Con-
tract Documents relating to an intennediate completion dale or
time prior to Substantial Completion of all the Work.
.1.25. NOlice of Award-The wrinen no tic: by OWNER to
the apparent successful bidder swing that upon compliance by
the apparent suc:::ssful bidder with the conditions precedent
enumerated therein, within the time specified, OWNER will
sign and deliver the Agreement.
.)
1.26. Norice roProce~d-A written notic:egiven by OWNER
to CONTRACTOR (with a copy to ENGINEER) lixing the
date on which the ConmlCt Times will commence to run and on
which CONTRACTOR shalJ start to perfonn CONTRAC-
TOR's obligations under the Contract Documents.
1.27. OWNER-The public body or authority, corpora-
tion, association, linn or person with whom CONTRACTOR
has entered into the Agreement and for whom the Work is to be
provided.
1.28. Panitil Utilization-Use by OWNER of a substan-
tially completed part of the Work for the purpose for which it is
intended lor a related purpose) prior to Substantial Completion
of all the Work.
I .29. PCBs-Pol~chlorinated biphenyls.
1.30. P~rrole'u~'Pl:uoleum, including crude oil or any
fraction thereof which is liquid at standard conditions of
temperatUre and pressure (60 degrees Fahrenheit and 14.7
pounds per square inch absolute), such as oil, petroleum. fuel
oil. oil sludge, oil refuse. gasoline, kerosene. and oil mixed with
other non-Hazardous Wastes and crude oils.
1.31. Project-The total consuuction of which the Work to
be provided under the Contract Documents may be the whole.
or a pan as indicated elsewhere in the ConmlCt Documents.
-)
'-.. .
1.32. RDdioactive' MateritJl-Source. special nuclC3r". or
byproduct material as defined by the Atomic Energy Act of
1954 (42 use Section 2911 et seq.) as :unended from time to
time.
e
1.33. R~sident Project Re'pr~s~ntative- The authorized
representative of ENGINEER who may be assigned to the site
or any pan ~hereof.
1.34. Samples-Physical examples of materials, equipment.
or workmanship that are representative of some portion of the
Work and which establish the standards by which such portion
of the Work WIll be judged.
1.35. Shop Drawings-All drawings. diagrams, illustra-
tions, schedules and other data or infonnation which are
specific:aJly prepared or assembled by or for CONTRACIOR
and submitted by CONTRACI'OR to ilIustmte some portion of
the Work.
1.36. Sp~cijications- Those ponions of the Contract Doc-
uments consisting of written technical descriptions of materi-
als, equipment. construction systems, standards and workman-
ship as applied to the Work. and certain administrative dewls
applicable thereto.
1.37. Subcontracror-An individual, finn or cOJ1X)ration
having a direct contract with CONTRACI'OR or with any
other Subcontractor for the perfonnance of a part of the Work
at the site.
1.38. Substanrial Completion-The Work. (or a specified
part thereoO has progressed to the point where, in the opinion
of ENGINEER as evidenced by ENGINEER's definitive
c:enific:ate of Substantial Completion. it is sufficiently com-
plete, in ac:ordance with the Contract Documents. so that the
Work (or specified pan) can be utilized for the purposes for
which it is intended; or if no such certificate is issued. when the
Work is complete and ready for final payment as evidenced by
ENGINEER's wrinen recommendation of final payment in
accordance with paragraph 14.13. The tenns "substantially
complete" and "substantially completed" as applied to all or
part of the Work. refer to Substantial Completion thereof.
t .39. Suppleme'nrary Condirions- The part of the C.ontr.1Ct
Documents which amends or supplements these General Con-
ditions.
1.40. Supplier-A manufacturer, fabricator. supplier. dis-
tneutor, materialman or vendor having a direct contract with
CONTRACTOR or with any Subcontractor to furnish materi-
als or equipment to be incorporated in the Work. by CON-
TRACl"OR or any Subc:onmlCtor.
1.41. Underground Facilities-AJI pipelines. conduits. ducts,
cables. wires, manholes, vaults, tanks, tunnels or other such
facilities or attachments. and any.encasements containing such
facilities which have been installed underground to furnish any
of the following services or materials: electricity. gases, steam.
liquid peuoleum products. telephone or other communica-
tions, cable television, sewage and drainage removal. traffic or
other control systems or water.
1.42. Unil Price Work-Work. to be paid for on the basis or
unit pric:s.
14
1.43. Work-The entire comPI_ construction or the var-
ious separately identifiable parts thereof required to be fur-
nished under the Contract Documents. Work includes and is
>>te result of perfonning or furnishing labor and furnishing and
incorporating materials and equipment into the construction.
and perfonning or furnishing services and furnishing docu-
ments. all as required by the Contract DocumentS.
1.44. Work Change Direclive--A wrinen directive to CON.
TRACI'OR. issued on or after the Effective Date of the
Agreement and signed by OWNER and recommended by
ENGINEER. ordering an addition. deletion or revision in the
Work. or responding to differing or unforeseen physical condi-
tions under which the Work is to be pcrfonned as provided in
paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A
Work Change Directive WIll not change the ContraCt Price or
the Contract Times. but is evidence that the partics expect that
the change directed or documented by a Work Change Direc-
tive will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect. if
any. on the Contract Price or Contract Times as provided in
paragraph 10.2.
1.45. Wrillen Amendment-A written amendment of the
Contract Documents. signed by OWNER and CONTRACTOR
on or after the Effective Date of the Agreement and normally
dealing with the nonen~neering or nontechnical rather than
snicdy construction-related aspects of the Contract Docu-
ments.
. ',>
ARTICLE 2-PRELIMINARY MATI'ERS
~ 0/ Bow:
2.1. When CON1"RACI'OR delivers the executed Agree.
ments to OWNER. CONTRACIOR shall also deliver to
.OWNER such Bonds as CONTRAC'I'OR may be required to
furnish in accordance with paragraph 5.1.
CopiG 0/ Dot:UlIlClIU:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con-
ditions) of the Contract Documents as are reasonably neces-
sary for the execution of the Work. Additional copies wm be
furnished. upon request. at the cost of reproduction.
~ of ContnJet TUfIG; Notke to Procnd:
'-.)
2.3. The ConU3Cl TlII1es will commence to NO on the thini-
db day after the Effective Dare of the Agreement, or. if a Noticc
to Proc:eed is given. on the day indicab=d in the Nolice to Proceed.
A Notice to Proc:ecd may be given at any time within thiny days
after the Effective Dare of the AgrcemenL In no event WIll the
Contract Times &ence to run later than the sixtieth day after
the day of Bid opening or the thirtieth day after the Effective Date
of the Agreement. whichever date is earlier.
Starting the Woti::
2.4. CONTRACTOR shall start to perfonn the Work on the
date when the ContraCt Times commence to run, but no Work
shall be done at me site prior to the date on which the ContraCt
Times commence to run.
Btfore SlID1ing Consrnu:tion:
2.5. Before undertaking each part of the Work. CON-
TRACIOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict. error. ambiguity or discrepancy which CONTRAC-
TOR may discover and shall obtain a wrinen interpretation or
clarification from ENGINEER before proceeding with any
Work affected thereby; however. CONTRACTOR shall not be
liable to OWNER or ENGlNEER for failure to report any
conftict. ClTOr. ambiguity or discrepancy in the ContraCt Doc-
uments. unless COI't'TRACI'OR knew or reasonably should
have known thereof.
2.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the Genen1l Requirements).
CONTRACI"OR shall submit to ENGINEER for review:
2.6.1. a preliminary progress schedule indicating the
times (numbers of days or dates) for starting and completing
the various stages of the Work. including any Milestones
specified in the Contract Documents;
2.6.2. a preliminary schedule of Shop Drawing and Sam-
ple submittals which wi11list each required submittal and the
times for submitting. reviewing and processing such submit-
tal;
2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the basis
for progress payments during construction. Such prices will
include an appropriate amount of overhead and profit appli-
cable to each item of Work.
2.7. Before any Work at the site is started. CONTRACTOR
and OWNER shall each deliver to the other. with copies to
each additional insured identified in the Supplementary Condi-
tions. certificates of insurance (and other evidence of insurance
which either of them or any additional insured may reasonably
request) which CONTRACTOR and OWNER respectively are
required to purchase and maintain in accordance with para-
graphs 5.4.5.6 and 5.7.
PrecotlSlrUl:tiDn Conftl"Dl&t:
2.8. Within twenty days after the Contract Times start to
run. but before any Work aI the site is started. a conference
IS
e
attended by CONTRACTOR. ENGINEER and others as ap-
propriate will be held to establish a working understanding
"'among the panies as to the Work and to discuss the schedules
referred to in paragraph 2.6. procedures for handling Shop
Drawings and other submittals. proc:essing Applications for
Payment and maintaining required records.
lniIiDlly AcupllJbk SchetluUs:
).
2.9. Unless otherwise provided in the Contract Docu-
ments. at least ten days before submission of the first Applica-
tion for Payment a conference attended by CONTRACIOR.
ENGINEER and others as appropriate will. be held to review
for acceptability .0 ENGINEER as provided below"the sched-
ules submitted in accordance with paragraph 2.6. CONTRAC-
TOR shall have an additional ten days to make corrections and
adjustments and to complete and resubmit the schedules. No
progress payment shall be made to CONTRACTOR until the
schedules are submitted to and acceptable to ENGINEER as
provided below. The progress .schedule wm 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 wlll neither impose on ENGI-
NEER responsibility for .the sequencing. scheduling or progress
of the Work nor interfere with or relieve CONTRACTOR from
CONTRACTOR's full reSpotlSJoilitytherefor. CONTRACI'OR's
scJ:Iedule of Shop Drawing and Sample submissions will be
acceptable to ENGINEER as providing a workable arrange-
ment for reviewing and processing the required submittals.
CONTRACTOR's schedule of vaJues Will be acceptable to
ENGINEER as to fonn and substance.
ARTICLE 3-CONTR.ACT DOCUMENTS: INTENT.
AMENDING. REUSE
llIUlIl:
)
3.1. The Contract. Documents comprise the. entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contr3Ct Documents are complementary; what is
called for by one is as binding as if called foi" by aJl. The
Contract Documents will be construed in accordance with the
law of the place of the ~ject.
3~ It is the intent of the Contract Documents to descnbe
a fUnctionaJ/y complete Project (or part thereof) to be con-
SU1IC!ed in accordance. with . the Contract Documents. Any
Work. malCrials or equipment that may reasonably be inferred
&om the Contract Documents or from preva.ling custom or
trade usage as being required to produce the intended result
will be furnished and perfonned whether or not specifically
caned for. When words or phr3SCS which have a weD- known
technical or constrUction industry or trade meaning are used to
descibe Work. materiaJs or equipment. such words or'phrases
shall be interpreted in accordance with that meaning. Oarili-
"-
e.
cations and interpretations of the Contract Documents shaJI be
issued by ENGINEER as provided in paragraph 9.4.
3.3. Rtfnena ID St.a1ulDrtb and SpecijiC4lions of Ttchniazl
Socittiu; Reponing tuUl Resolving DucnptZlU:ia:
3.3.1. Reference to standards. specifications. manuals or
codes of any technic:aJ society. organization or association.
or to the laws or Regulations of any governmental authority,
whether such reference be specific or by implication. shaJl
mean the latest standard, specification, manual. code or
Laws or Regulations in effect at the time of opening of Bids
(or. on the Effective Date of the Agreement if there were no
Bids). except as may be otherwise specifically stated in the
Contract Documents.
3.3.2. If. during the perfonnance of the Work, CON-
TRACTOR discovers any conflict. error, ambiguity or dis-
crepancy within the Contract Documents or between the
Contract Documents and any provision of any such Law or
Regulation applicable to the ~rfonnance of the Work or of
any such standard. specification. manuaJ or code or of any
instruction of any Supplier referred to in paragraph 6.5.
CONTRACTOR shaJl report it to ENGINEER in. writing at
once. and. CONTRACIOR shall not proc:eed with the Work
affected thereby (except in an emergency as authurized by
paragraph 6.23) until an amendment or supplement to the
Contract Documents has been issued by one of the methods
indicated in paragraph 3.5 or 3.6; provided. however, that
CONTRACTOR shaJl not be liable to OWNER or ENGI-
NEER for faslure to report any such conflict. error. ambigu-
ity or discrepancy unless CONTRACTOR knew or reason-
ably should have known thereof.
3.3.3. Except as otherwise specifically stated in the
Contract Documents or as may be provided by amendment
or supplement thereto issued by one of the methods indi-
cated in paragraph 3.5 or 3.6. the provisions of the Contract
Documents shaJl take precedence in resolving any conflict.
error. ambiguity or discrepancy between the provisions of
the Conmet Documents and:
3.3.3.1. the provisions of any such standard. speci-
fication. manual. code or instruction (whether or not
speciiic:aJly incorporated by reference in the Conb2Ct
Doa.uaents); or
3.3.3.2. the provisions of any such Laws or Regu-
lations applicable to the perfonnance of the Work
(unless such an interpretation of the provisions of the
Contr.ICt Documents would result in violation of such
Law or Regulation).
No,provision of any such standard. specification. manual.
code or iastruction shaJl be effective to change the duties and
responsibilities orOWNER. CONTRACIOR or ENGINEER.
or any of their subcontractors. consultants. agents. or em-
ployees from those set forth in the Contract Documents. nor
shaJl it be effective to assign to OWNER. ENGINEER or
any ofENGINEER's Consultants, agents or employees any
duty or authority to supervise or direct the furnishing or
16
e
periormance of the Work or any duty or authority to under-
take responsibility inconsistent with the provisions of para-
. graph 9.13 or any other provision or the Contract Docu.
ments.
3.4. Whenever in the Contract Documents the tenns "as
ordered;' "as directed;" "as required," "as allowed," "as
approved" or terms of like effect or import arc used, or the
adjectives "reasonable;' "suitable;' "acceptable;' "proper"
or ..satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction, review or judg-
ment of ENGINEER as to the Work, it is intended that such
requirement, direction, review or judgment will be solely to
evaluate, in general, the completed Work. for compliance
with the requirements of and information in the Contract
Documents and conformance with the design concept of the
completed Project asa functioning whole as shown or
indic:ated in the Contract Documents (unless there is a
specific statement indiCating otherwise). The use of any such
tenn or adjective shan .l1Ot be effective to assign to ENGI-
NEER any duty or authority to supcrvise or direct the
furnishing or performance 9f the Work. or any duty or
authority to undertake responsibility contrary to the provi- .
sions of paragraph 9.13 or any other provision of the
Contract Documents.
..tmDu/inr and SuppkllWlling Conll'tld DOQllDents:
)
3.5. The Contract 'Documents may be amended to provide
for additions, deletions and revisions in the Work. or to modify
the terms and conditions thereof in one or more of the following
ways:
3.5.1. a formal Written Amendment,
3.5.2. a Change Order (pursuant to paragraph lOA). or
3.5.3. a Work Change Directive (pursuant to
paragraph 10.l).
3.6. In addition. the requirements of the Contract Docu-
ments may be supplemented, and minor variations and devia-
tions in the Work may l:ie authorized, in one or more of the
foJlowing ways:
3.6.1. a Field Order (pursuant to paragraph 9.5),
3.6.2. ENGINEER's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 6.27), or
3.6.3. ENGINEER's written interprewion or clarifica-
tion (pursuant to paragraph 9.4).
Rare 01 Document;S:
'-.>
3.7. CONTRACtOR, and any SubcontraCtor or Supplier
or other person or organizabon perfonning or furnishing any of
the Worle under a direct or indirect contraCt with OWNER (i)
sba11 not have or acquir: any tide to or ownership rights in any
e
of the Drawings. Specifications or other documents (or copies
of any thereof) prepared by or bearing the seal of ENGINEER
or ENGINEER's ConsultanL and (ii) shaJl not reuse any of
such Drawings, Specifications, other documents or copies on
extensions of the Project or any other project without wriuen
consent of OWNER and ENGINEER and specific written
verification or adaption by ENGINEER.
ARTICLE 4-AVAlLABILlTY OF LANDS;
SUBSURFACE AND PHYSICi\L
CONOmONS; REFERENCE POINTS
AwziJDbiIily oj lAnds:
4.1. OWNER shall furnish, as indicar.ed in the Contract
Documents, the lands upon which the Work is to be perfonned,
rights-Of-way and C:!:tements for access thereto, and such other
lands which arc designated for the use of CONTRAcroR.
Upon reasonable written request, OWNER shall furnish CON-
TRAC1'OR with a correct statement of record legal title and
legal description of the lands upon which the Work is to be
pcrformed and OWNER's interest therein as necessary for
giving notice of or filing a mechanic's lien against such lands in
accordance with applicable Laws and Regulations. OWNER
shall identify any encwnbranc:es or rcsaictions not of general
application but specifically related to use of lands so furnished
with which CONTRACTOR w1ll have to comply in pcrforming
the Work. Easements for permanent structures or pcrmanent
changes in existing fac1iities w1ll be obtained and paid for by
OWNER. unless otherwise provided in the Contract Docu-
ments. If CONTRACIOR and OWNER are unable to agree on
entitlement to or the amount or extent of any adjustments in the
Contract Price or the Contract nmes as a result of any delay in
OWNER's furnishing these lands, rights-of-way or easements,
CONTRACl'OR may make a claim therefor as provided in
Anicles II and 12. CONTRACTOR shall provide for all
additional lands and acc..-ss thereto that may be required for
temporary construction facilities or storage of materials and
equipmcnL
4.2. SulmufllU and Ph]Siad CotuliliDns:
4.2.1. Reports and Drawings: Referenc:c: is made to the
Supplementary Conditions for identification of:
4.2.1.1. Subsurface Condilions: Those reports of explo-
rations and tests of subsurface conditions at or contiguous to
the site that have be:n utilized by ENGINEER in preparing
the Contract Documents; and
4.2..1.2. Physical Conditions: Those drawings of physical
conditions in or rcJating to existing surface or subsurfac:
SUUClllreS at or contiguous to the site (except Undergrouad
F.lczlities) that have been utilized by ENGINEER in prepar-
ing the Contract Doc:uments.
17
e
4.2.2. Limited Reliance by CONTRACTOR Authoriz.ed:
Technical Data: CONTRACTOR may rely upon the general
accuracy of the "tei:hnic:al data'" contained in such reports and
· drawings. but such reports and dmwings are not Contr3Ct
Documents. Such "technic:::lI data'" is identified in the Supple-
mentary Conditions. Except for such reiiance on such '.tech-
nical data:' CONTRACTOR may not rely upon or make any
claim against OWNER. ENGINEER, or any of ENGINEER's
Consultants w;th respect to:
4.2.2.1. the completeness of such reports and draw;ngs
for CONTRACI'OR's purposes. including, but not limited
to, any aspects of the me:ms, methods, techniques, se-
quences and procedures of constJUction to be employed by
CONTRACTOR and safety precautions and programs inci-
dent thereto, or
4.2.2.2. other data, intefl'retations. opinions and infor.
mation containc:d in such reports or shown or indicated in
such drawings, or
4.2.2.3. any CONTRACI'OR interpretation of or conclu-
sion "drawn from any "technical data'" or any such data,
interpretations, opinions or infonnation.
4.2.3. Notice of Differing Subsutface or Physical Condi-
tions: If CONTRACTOR believes that any subsurface or
physical condition at or contiguous to thi: site that is uncovered
or revealed either:
....
.J
4.2.3.1. is of such a nature as to establish that any
"technical dala" on ,which CONTRACIOR is entitled to .
. rely as provided in paragraphs 4.2.1 and 4~2 is materially
inaccurate, or
4.2.3~ is of such a nature as to require a change in the
Contract Documents, or
4.2.3.3. differs materially from that shown or indicated in
the Contract Documents. or
4.2.3.4. is of an unusual nature, and differs materially
from conditions ordinanly encountered and generally recog-
nized as inherent in work of the character proVided for in the
Contract Documents; then
CONTRAClOR shall. promptly after becoming aware thereof
and before further disturbing conditions affected thereby or
perfonning any Work in connection therewith (except in an
emergency as permitted by paragraph 6.23), notify OWNER
and ENGINEER in writing about such condition. CONTRAC-
TOR shall not further disturb such conditions or perfonn any
Work in connection therewith (except as aforesaid) unbl reo
ceipt of written order to do so. .
-)
4.2.4. ENGINEER's Review: ENGINEER will promptly
review the peninent conditions, determine the necessity of
OWNER's obtaining additional exploration or tests with re-
spect thereto and advise OWNER in writing (w;th a copy to
CONTRACTOR) of ENGINEER's findings and conclusions.
e
4.2..5. Possible Contract Documents Clumge: If ENGI-
NEER concludes that a change in the Contract Documents is
required as a result of a condition that meets one or more of the
c::ltegories in paragraph 4.2.3., a Work Change Directive or a
Change Order w;1I be issued as provided in Anicle 10 to reftect
and document the consequences of such change.
4.2.6. Possible Price and Times Adjustments: An equitable
adjusbnent in the Contract Price or in the Contract Times. or
both, will be allowed to the extent that the existence of such
uncovered or revealed condition causes an increase or de-
crease in CONTRACl"OR's cost of. or time required for
perfonnance of, the Work; subject, however, to the following:
4.2.6.1. such condition must meet anyone or more oftbe
categories descnbcd in paragraphs 4.2.3.1 through 4.2.3.4.
inclusive;
4.2.6.2. a change in the Contract Documents pursuant to
paragraph 4.2..5 Will not be an automatic authorization of nor
a condition precedent to entitlement to any such adjustment;
4.2.6.3. w;th respect to Work that is paid for on a Unit
Price Basis, any adjustment in Contr3Ct Price w;1I be subject
to the provisions of paragraphs 9.10 and 11.9; and
4.2.6.4. CONTRACI'OR shall not be entitled to any
adjusbnent in the Contract Price or Times if;
4.2.6.4.1. CONTRACTOR knew of the existenc: of
such conditions at the time CONTRACIOR made a final
conunibnent to OWNER in respect of Contract Price and
Contract Times by the submission of a bid or becoming
bound under a negotiated contract; or
4.2.6.4.2. the existence of such condition could rea-
sonably have been discovered or revealed as a result of
any examination, investigation, exploration. test or study
of the site and contiguous areas required by the Bidding
Requirements or Contract Documents to be conducted by
or for CONTRACl"OR prior to CONTRACI'OR's making
such final commitment; or
4.2.6.4.3. CONTRACTOR failed to give the wriucn
notice within the time and as required by paragraph 4.2.3.
If OWNER and COJlt.:"RACI'OR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjusbnent in the Contract Price or Contract Times.
a claim may be made therefor as proVided in Articles 11 and 12-
However, OWNER, ENGINEER and ENGINEER's Consult-
ants shall not be liable to CONTRACI'OR for any claims.
costs, losses or damages sustained by CONTRACI'OR on or in
connection w;th any other project or anticipated projec:t..
4.3. Physiazl CondiliDns-UnMrg1TlruuJ Fad1i/ii:s:
4.3.1. Shown or IndictJIed: The infonnaaon and clara shown
or indicated in the Contract Documents with rcspc:ct to existing
Underground Faa1ities at or contiguous to the site is based on
18
e
infonnation and dar.a furnished to OWNER or ENGINEER by
· the owners of such Underwound Facilities or by others. Unless it
is otherwise expressly provided in the Supplementary Conditions:
4.3.\.1. OWNER and ENGINEER shall not be respon-
sible for the ac~uracy or completeness of any such informa.
tion or data; and
4.3.1.2. The cost of all of the following will be included in
the Contract Price and,CONTRACIOR shall have full respon-
sibility for: (i) reviewing and checking all such infOrmaDon and
dam. (ij) locating all Underground Facilities shown or indicated
in the Contract Documents. (iij) coordination of the Work with
the owners of such Underground Facilities during construction,
and (iv) the safety and protection of all such Underground
Facilities as provided in pal3graph 6.20 and repairing any
damage thereto resulting from the Work.
')
4.3.2. Not Shown or Indicat~d: Ifan Underground Facility
is uncovered or revealed at or contiguous to the site which was
not shown or indicated in the Contract Documents, CON-
TRACTOR shall, promptly after becoming aware thereof and
before funher disturbing conditions affected thereby or per-
forming any Work in connection therewith (except in an
emergency as required by paragraph 6.23), identify the owner
of such Underwound Facility and give written notice to that
owner and to OWNEl{ and ENGINEER. ENGINEER wtl1
prompdy review the Underground Facility and detennine the
extent. if any, to which a change is required in the Contract
Documents to reftect and document the consequences of the
existence of the Underground Facility. If ENGINEER con-.
dudes that a change in the ConU'aCt Documents is required. a
Work Change Directive or a Change Order WIll be issued as
provided in Article IOta reftect and document such conse.
quences. During such time, CONTRACTOR shall be respon-
sible for the safety and protection of such Underground Factlity
as provided in paragraph 6.20. CONTRACTOR shall be al-
lowed an increase in the Contract Price or an extension of the
Contract Times. or both. to the extent that they are ann"butable
to the existence of any Underground faCIlity that was not
shown or indicated in the Contract Documents and that CON-
TRACI"OR did not know of and could not reasonably have
been expected to be aware of or to have anticipated. If
OWNER and CONTRACI"OR arc unable to agree on entitle-
ment to or the amount or length of any such adjusanent in
Contract Price or Contract Times. CONTRACIOR may make
a claim therefor as provided in Articles 11 and 12. However,
OWNER. ENGINEER and ENGINEER's Consultants shall
not be liable to CONTRACTOR for any claims. costs. losses or
damages incurred or sustained by CONTRACI"OR on or in
connection with any other project or anticipated project.
Rqnenu Poina:
)
-
4.4. .OWNER shall provide engineering surveys to estab-
lish reference points for constrUction which in ENGINEER's
judgment are necessary to enable CONTR.o\CTOR to proceed
with the Work. CONTRACI"OR shall be respocw"ble for laying
out the Work. shall protect and preserve the esrablished
reference points and shall ~ake no changes or relOCltions
e
without the prior written approval of OWNER. CONTRAC-
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation bec:ausc of
neeessary changes in grades or loc:alions, and shall be respon-
sible for the accurate replacement or relocation of such refer-
ence points by professionally qualified personne\.
4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio-
aclive Material:
4.5.1. OWNER shall be responsible for any Asbestos.
PCBs, Petroleum. Hamrdous Waste or Radioactive MaIerial
uncovered or revealed at the site which was not shown or
indicucd in Drawings or Spcc:ifications or identified in the
Contract Documents to be within the scope of the Work and
which may present a substantial danger to persons or propertY
exposed thereto in connection with the Work at the site.
OWNER shall not be respol1Sl"ble for any such matcrials
brought to the site by CONTRACI'OR. Subcontractor. Suppli-
ers or anyone else for whom CONTRACTOR is responsr"ble.
4..5.2. CONTRACI"OR shall immediately: (i) stop all
Work in connection with such hazardous condition and in
any area affected thereby (except in an emergency as re-
quired by paragraph 6.23). and (ii) notify OWNER and
ENGINEER (and thereafter confinn such notice in writing).
OWNER shall promptly consult with ENGINEER concern-
ing the necessity for OWNER to retain a qualified expert to
evaluate such hazardous condition or take corrective action.
if any. CONTRACI'OR shall not be required to resume Work
in connection with such hazardous condition or in any such
affected area unnl after OWNER has obtained any required
permits related thereto and delivered to CONTRACTOR
special wrincn notice: (i) specifying that such condition and
any affected area is or has been rendered safe for the
resumption of Work. or (ii) specifying any special conditions
under which such Work may be resumed safely. If OWNER.
and CONTRACTOR cannot agree as to entitlement to or the
amount or extent of an adjustment, if any, in Contr.lct Price
or Contract Times as a result of such Work stoppage or such
special conditions under which Work is agreed by CON-
TRACI'OR to be resumed. either pany may make a claim
therefor as provided in Articles 11 and 12.
4.5.3. If after receipt of such special written notice
CONTRACTOR docs not agree to resume such Work based
on a reasonable belief it is unsafe. or dOcs not agree to
resume such Work under such special conditions. then
OWNER may order such portion of the Work that is in
connection with such hazardous condition or in such af-
fectecL area to be deleted from the Work. If OWNER and
CONTRACIOR cannot agree as to entitlement to or the
amount or extent of an adjustment. if any. in Contr.lc:t Price
or Contract Times as a result of deleting such portion of the
Work. then either pany may make a claim therefor as
provided in Articles II and 12. OWNER may have such
deleted portion of the Work performed by OWNER's own
forces or others in accordance with Article 7.
4.5.4. To the fullest extent permitted by Laws and Reg-
ulations. OWNER shall indemnify and hold hannless CON-
TRACI"OR. Subcontractors. ENGINEER. ENGINEER.s
19
Consultants and the officers, dire'rs, employees, agents.
other consultants and subcontractors of each and any of
them from and aPinst all claims. costs, losses and damages
lrising out of or resulting from such hazarQous condition,
provided that: (i) any such claim. cost. loss or damage is
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the
Work itselO, including the loss of use resulting therefrom,
and (01 nothing in this. subparagraph 4..5.4 shaJJ obligate
OWNER to indemDlfy any person or entity from and against
the consequences of that person's or entity.s own negli-
gence. .
4..5.5. The provisions of paragraphs 4.2 and 4.3 are not
intended to apply to Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material uncovered or revealed at the
site.
ARTICLE 5-BONDS AND INSURANCE
hrjomuuu:e. Paymenl and Other Bonds:
.>
5.1. CONTRACTOR shall furnish Performance and Pay-
ment Bonds, each in an amount at least equal. to the Contract
Price as security for the faithful performance and payment of
all CON1'RACTOR's obligations under the CODD"aCt Docu-
ments. These Bonds shall remain in effect at least unnl one
year after the date when final payment becomes due, except ilS
pro~ded otherwise by Laws or Rcgulabons or by the ContraCt
Documents. CONTRACTOR shaJJ also furnish such other
Bonds as are required by the Supplementary Conditions. All
Bonds shall be in the fonn prescnOed by the Conb"aCt Docu.
ments except as provided otherwise by Laws or Regulations,
and shall be executed by such sureties 'as arc named in the
current list of "Companies 'Holding CertifiClles of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in Circular SiO (amended)
by the Audit Staff, Bureau of Government Financial Opera.
tions, U.S. Treasury Department. All Bonds signed by an
agent must be accom~ed by a certified copy of such agent's
authority to act.
5.2. If the surety on any Bond furnished by CONTRAC.
TOR is declared a bankrupt or becomes insolvent or its right to
do business is tenninated in any . state where any part of the
Project is located or it ceases to meet the requirements of
paragraph 5.1, CONTRACI"OR shall within ten days thereafter
substitute another Bond :and surety, both of which must be
acceptable to OWNER.
5..3. l.i.t:mud Sunlies and IIUlII'US; CmijialtG Df IIUIU'lIlIU:
)
,.3. J. All Bonds and insurance required by the Contract
Doc:wnents ro be purchased and mainmined by OWNER or
CONTRACrOR shaD be obtained from surety or insurance
companies that' duly licensed or authorized in the juris-
diction in which the Project is loc:ued to issue Bonds or
insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such
additional requirements and qualifications as may be pro-
vided in the Supplementary Conditions.
5.3.2. CONTRACTOR shall deliver to OWNER, with
copies to each additional insured identified in the Supple-
mentary Conditions, certificates of insurance (and other
evidence of insurance requested by OWNER or any other
additional insured) which CONTRACTOR is required to
purchase and maintain in accordance with paragraph 5.4.
OWNER shall deliver to CONTRACTOR. with copies to
each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence of
insurance requested by CONTRACTOR or any other addi.
tional insured) which OWNER is required to purchase and
maintain in accordance with paragraphs 5.6 and 5.; hereof.
CONTRACTOR's Litzbilily Insurance:
S.4. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and furnished and as wm provide protection
from claims set forth below which may arise out of ~r result
from CONTRACTOR's performance and furnishing of the
Work and CONTRACTOR's other obligations under the Con-
b"aCt Documents, whether it is to be perfonned or furnished by
CONTRACTOR. any Subcontractor or Supplier, or by anyone
din;ctly or indirectly employed by any of them to perform or
furnish any of the Work, or by anyone for whose acts any of
them may be liable:
5.4.1. claims under workers' compensation. disability
benefits and other sinular employee be:tefit acts;
5.4.2. claims for damages because of bodily injury, oc-
cupational sickness or disease, or death of CO~""I'RAC.
TOR's employees:
5.4.3. c:laims for damages because of bodily injury, sick-
ness or disease, or death of any person other than CON-
TRACI'OR's employees;
5.4.4. claims for damages insured by customary personal
injury liability cover:lge which are sustained: (i) by any
person as a result of an offense directly or indirectly related
to the employment of such person by CONTRACI'OR. or (ii)
by any other person for any other reason;
5.4..5. claims for damages. other than to the Work itself.
because of injury to or destruction of tangible property
wherever located, including loss of use resulting therefrom;
and
5.4.6. claims for damages because of bodily iqjury or
death of any person or property damage arising out of the
ownership. maintenance or use of any motor vehicle.
20
e
The policies of insurance so required by this paragnlph S.4 to
be purchased and maintained shall:
.
S.4.7. with respect to insurance required by paragraphs
5.4.3 through 5.4.6 inclusive, include as additional insureds
(subject to any customary exclusion in respect of profes-
sionalliability) OWNER. ENGINEER. ENGINEER's Con-
sultants and any other persons or entities identified in the
SupplemenW'y Conditions, all of whom shall be listed as
additional insureds, and include coverage for the respective
officers and employees oC all such additional insureds;
5.4.8. include the specific coverages and be written for
not less than the limits oC liability provided in the Supple.
mentary Conditions or required by Laws or Regulations,
whichever is greater;
5.4.9. include complet~d ope~ons insurance;
5.4.10. include contraCtual liability insurance covering
CONTRACI"OR's indemnity obligations under paragsaphs
6.12. 6.16 and 6.31 through 6.33;
)
5.4.11. contain a provision or endorsement that the
covenge afforded wm not be cancelled, materially changed
or renewal refused until at least thirty days prior written
notice has been given to OWNER and CONTRACI'OR and
to each other additional insured identified in the Supplemen-
tary Conditions to whom a certificate of insurance bas been
issued (and the certificates of insinnce furnished by the
CONTRACTOR pursuant to panagraph 5.3.2 will so pro-
vide);
5.4.12. remain in effect at least until final payment and at
. all times thereafter when CONTRACI'OR may be correct-
ing, removing or replacing defective Work in ac:ordance
with pamgraph 13.12; and
5.4.13. with respect to completed operations insurance,
and any insurance coverage written on a c1aims-made.basis,
remain in effect for at leaSt two yeatS after final pay:nent
(and CONTRACTOR shall furnish OWNER and each other
additional insured identified in the Supplementary Condi-
tions to whom a ce~cate of insuranc:: has been issued
evidence satisfacto,ry to OWNER and anysucb additional
insured of continuation of such insuranc:: at final payment
and one year thereafter). '
OWNER';s Li4biliIy IMllr'tlMe:
5.5. In addition to the insurance required to be provided by
CONTRACTOR under panagr2ph 5.4, OWNER, at OWNER's
option, may purchase and maintain at OWNER's expense
OWNER's own liability insurance as wiD protect OWNER
a1aiDSt claims which may arise from operations under the
Contract Documents.
:.,)
Pmperq llUUITI1IU:
5.6. Unless otherwise provided in the Supplementary Con-
ditions. OWNER shaJJ purchase and maintain property insur-
-
e
ance upon the Work at the site in the amount of the Cull
replacement cost thereoC (subject to suc~ deductible amounts
as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurnnce shall:
5.6.1. include the interests of OWNER. CONTRAC-
lOR. Subcontractors, ENGINEER. ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured;
5.6.2. be written on a Bw1der's Risk "all-risk" or open
pen1 or special causes of loss policy form that shall at 1C3St
include insurance for physical loss or: damage to the Work,
temporary buildings, falsework and Work in transit and shall
insure against at least the Collowing pen1s fire, lightning,
extended covC%3ge, theft, vandalism and malicious mischief,
earthquake, collapse, debris removal, demolition occasioned
by enCorcement of Laws and Regulations, water damage,
and such other perils as may be specifically required by the
Supplementary Conditions;
5.6.3. include expenses incurred in the repair or replace-
ment of any insured property (including but not limited to
fees and charges oC engineers and architects);
5.6.4. cover materials and equipment stored at the site or
at another location that was agreed to in writing by OWNER
prior to being incorporated in the Work. provided that such
materials and equipment have been included in an Applica-
tion Cor Payment recommended by ENGINEER; and
5.6.5. be maintained in effect until final payment is made
unless otherwise agreed to in writing by OWNER, CON-
TRACI'OR and ENGINEER with thirty days written notice
to each other additional insured to whom a certificate of
insurance has been issued.
S.7." OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws .and
Regulations which will include the interests of OWNER.
CONTRACIOR. Subcontractors, ENGINEER, ENGINEER's
Consultants and any other persons or entities identified in the
Supplementary Conditions. each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured.
5.S. All the policies of insurance (and the certificateS or
other evidence thereoO required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and 5.7
will contain a provision or endorsement that the coverage
afforded w1lt not be cancelled or materially changed or renewal
refused unnl at 1C3st thirty days' prior written notice has be=n
given to OWNER and CONTRACI'OR and to each other
additional insured to whom a certificate of insurance has becD
issued and will contain waiver provisions in accordance with
~h 5.11.
21
e
5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance [0 protect the interests of
.cONTRACIOR, Subc:onU'aCton or othen in the Work to the
extent of any deductible amounts that are identified in the
Supplementary Conditions. The risk of loss within such iden-
tified deductible amount., will be borne by CONTRACI'OR,
Subc:ontractor or othen suffering any such loss and if any of
them wishes property insurance coverage within the limits of
such amounts, each may purchase and maintain it at the
purchaser's own expense.
5.10. If CONTRACI"OR requests in writing that other
special insurance be included in the property insurance policies
provided under paragraphs 5.6 or 5.7, OWNER shall, iCpossi-
ble, include such insurance, and the cost thereof will be
charged to CONTRACIOR by ~propriate Change Order or
Written Amendment. Prior to commencement of:the Work at
the site, OWNER shall in writing advise CONTRACI'OR
whether or not such other insurance has been procured by
OWNER.
5.11. Wai1lCT of Rigirls:
. .)
5.11.1. OWNER and CONTRACTOR intend that all
policies purchased in accordance with parag:aphs 5.6 and
5.7 will protect OWNER, CONTRACTOR, Subc:onU'aCton,
ENGINEER, ENGINEER's Consultants and all other per-
sons or entities identified in the Supplementary Conditions to
be listed as insureds or additional insureds in such policies .
and WIll provide primary coverage for all losses and damages
caused by the perils covered thereby. All such policies shall
contain provisions to the effect that in the event of payment
of any loss or damage the insurers w1ll 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 officen, directon,
employees and agents for all losses and damages caused by,
arising out of or resulting from any of the perilS covered by
. such policies and any other property insurance applicable to
the 'Work; and, in addition, waive all such' rights against
Subcontractors, ENGI~EER, ENGINEER's Consultants
and all other persons or entities identified in the Supplemcn-
auy Conditions to be.jisted as insureds or additional insureds
under such policies for losses and damages so caused. None
of the above waivers shall extend to the rights that any party
making such waiver may have to the proceeds of insurance
held by OWNER as tJUstee or otherwise payable under any
policy so issued.
....-- :.
5.11.2. In addition, OWNER waives all rights against
CONTRACTOR, SubcontrclCton, ENGINEER. ENGI-
NEER's Consultants and the officers, directon. employees
!Uld agents of any of them., for: .
.'J
. .
5.11.2.1. loss due to business itnenuption. loss of use
or other consequential loss extending beyond direct phys-
icallass or damage to OWNER's property or the Work
caused by. arising out of or resulting from fin: or other
peril, whether or not insured by OWNER; and
'-:.'
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5.11.2.2. loss or damage to the completed Project or
part thereof caused by, arising out of or resulting from fire
or other insured peril covered by any propeny insurance
maintained on the completed Project or part thereof by'
OWNER during partial utilization pursu:mt to paragraph
14.10, after substantial completion pursuant to paragraph
14.8 or after final payment pursuant to paragraph 14.13.
A~y insumnce policy maintained by OWNER covering any
loss. damage or consequcntialloss rcfer1"Cd to in this paragraph
5.11.2 shall contain provisions to the effect that in the event of
payment of any such loss, damage or. consequential loss the
insurers will have no rights of recovery against any of CON-
TRACTOR. SubconU'aCton, ENGINEER. ENGINEER's Con-
sultants and the officers, directors. employees and agents of
any of them.
Receipt and ApplicatiOD of Inmraace Proceeds
5.12. Any insured loss under the policies of insurance
required by pangraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the require-
ments of any applicable mortgage clause and of paragraph 5.13.
OWNER shall deposit in a separate account any money so
received, and shall distnbute it in accordance with such agree-
ment as the parties in interest may reach. If no other special
agreement is reached the darna.ged Work shall be repaired or
replaced, the moneys so received applied on account thereof
and the Work and the cost thereof covered by an appropriate
Change Order or Written AmendmenL
5.13. OWNER as fiduciary shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after the
occurrence ofloss to OWNER's exercise of this power. If such
objection be made, OWNER as fiduciary shall make settlement
with the insurers in accordance with such agreement as the
parties in interest may reach. If no such agreement among the
parties in interest is reached. OWNER as fiduciary shall adjust
and settle the loss with the insurers and, if required in writing
by any party in interest., OWNER as fiduciary shall give bond
for the proper perfonnance of such duties.
At:t:qNDn&e Df Bontls and 111S11T't11U%; OpcUm to ReplDa:
5.14. If either party (OWNER or CONTRACTOR) has any
objection to the coverage afforded by or other provisions of the
Bonds or insurance required to be purchased and maintained
by the other party in accordance with Article 5 on the basis of
non-<:onformancc with the Conua.c:t Doc:wnents. the objecting
party shall so notify the other party in writing within ten days
after receipt of the certificates (or other evidence requested)
required by paragraph 2.1. OWNER and CONTRACroR shall
each provide to the other sw:h additional infonnation in respect
of insurance provided as the other may reasonably request. If
either party does not purchase or maintain all of the Bonds and
insurance required of such pany by the Contract Documents.
such party shall notify the other party in writing of such faJlure
to purchase prior to the start of the Work. or of such failure to
maintain prior to any change in the required coverage. Without
prejudice to any other right or remedy, the other party may
elect to obtain equivalent Bonds or insurance to protect such
other party's interests at the expense of the party who was
22
required to provide such coverage. 'a ChangeOnier sh:111
be issued to a.djust the Contract Price accordingly.
.
PtzrtiDl UdJi:Juion-Pro~Tty Insurance:
5.15. If OWNER finds it necesSilJ)' to occupy or use a
portion or portions of the Work prior to Substantial Completion
of all the Work. such use or occupancy may be accomplished in
accordance with paragr.Lph 14.10; provided,that no such use or
occupancy shall commence before the insurers pl"C?viding the
propeny insurance have acknowledged notice thereof and in
writing effected any changes in coverage necessitated thereby.
The insurers providing the property insurance shall consent by
endorsement on the policy or policies, but the property insur-
ance shall not be cancelled or permitted to lapse on ac:ount of
any such partial use or occupancy.
ARTICLE 6-CONTRACTOR.S RESPONSIBILITIES
Supervision and Superinleruleru:e:
)
6.1. CONTRACfOR shall supervise, inspect and direct the
Work competently and efficiently, devoting such attention
thereto and applying such skms and expertise as may be
necessary to perform the Work in accordance with the Con-
tract Documents. CONTRACI'OR shall be solely responsible
for the means, methods. techniques. sequences and prccedun:s
of construction. but CONTRACIOR shall not be responsible
for the negligence of others in the design or specification of a
specific means. method, technique, sequence or prcccdure of
construction which is shown or indic:lted in and e~prcssly
required by the Contract Documents. CONTRACIOR shall be
responsible to see that the completed Work compiies accu-
rately with the ConUEt Documents.
6.2. CONTRACIOR shall keep on the Work at all times
during its progress a competent resident superintendent. who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraOrdinary circumstances. The
superintendent will be CONTRACTOR's represenwive at the
site and shall have authority to act on behalf' of CO~"1"RAC-
lOR. All communications to the superintendent shall be as
binding as if given to CONTRAcroR.
lAbor, MtlII:ri4ls and Equipnunl:
.._)
6.3. CONTRACI'OR shall provide competent. suitably qual-
ified personnel to survey, layout and construct the Work as
required by the Conuac:t Documents. CONTRACTOR shall at
all times maintain gOod disc:ipline and order at the site. Except
as otherwise required for the safety or protection of persons or
the Work or property at the site or adjacent thereto. and except
as otherwise indic::ned in the Contr.lCt Documents. all Work at
the site shall be perfonncd during regular w\)rking hours and
CONTRACTOR .t pennit overtime work or the perfor.
mance of Work on Sa.turday, Sunday or any legal holiday
\\r;thout OWNER's written consent given after prior written
notice to ENGINEER.
6.4. Unless otherwise specified in the Gene:aJ Require-
ments, CONTRACIOR sh:111 furnish and assume full respon-
sibility for all materials. equipment. labor, transportation. con-
struction equipment and machinery, tools, applumces. fuel.
power. light. heat. telephone. water. sanitary facilities. tempo-
my facilities and all other facilities and incidentals necessary
for the furnishing. perfonnance. testing. start-up and comple-
tion of the Work..
6.5. All materials and equipment shall be of good quality
and new, except as otherwise provided in the CORD"aCt Docu-
ments. All wananties and guarantees specifically called for by
the Specifications shall eltprcssly run to the benefit of OWNER.
If required by ENGINEER, CONTRACTOR shall furnish
satisfactory evidence (including reports of required tests) as to
the kind and quality of materials and equipment. All materials
and equipment shall be applied. installed. connected. erected.
used. cleaned and conditioned in accordance with instrUctions
or the applicable Supplier, except as otherwise provided in the
Contract Documents.
Progress S~:
6.6. CONTRACfOR shall adhere to the progress schedule
established in accordance with paragraph 2.9 as it may be
adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall submit to ENGINEER for
acceptance (to the Clttent indicated in paragraph 2.9) pro-
posed adjustments in the progress schedule that Will not
change the Contract Times (or Milestones). Such adjust-
ments Will conform generally to the progress schedule then
in effect and additionally will comply with any provisions of
the Gencra.l Requirements applicable thereto.
6.6.2. Proposed adjustments in the pro~s schedule
that will change the Contract Tames (or Milestones) shall be
submitted in accordance with the requirements of paragraph
12. t. Such adjustments may only be made by a Change
Order or Written Amendment in accordance with Anicle 12.
'.6.7. SubM''''G and "Or-Equal" Il4nu:
6.7.1. Whenever an item of material or equipment is
specified or dcscn"bcd in the Contract Documents by using
the name of a proprietary item or the name of a panicuJar
Supplier. the speciiication or description is intended to
estabrlSh the type, function and quality required. Unless the
specific::Won or desaiption contains or is followed by words
reading that no like. equivalent or "or-equal" item or no
substitution is pcnnittcd. other items of material or equip-
ment or material or equipment of other Supplien may be
accepted by ENGINEER under the following circumstances:
23
)
-)
"'-
e
.
6.7.1.1. "Or-Equal"': lfin ENGINEER's sole discre.
tion an item of material or equipment proposed by CON-
TRACI'OR is functionally equal to that named and suffi.
ciently similar so that no change in related Work Will be
required, it may be considered by ENGINEER as an
"or-equal" item, in which case review and approval of the
proposed item may, in ENGINEER's sole discretion, be
accomplished without compliance with some or all of the
requirements for acceptance of proposed substitute items.
6.7.1.2. Substitute Items: If in ENGINEER's sole
discretion an item of material or equipment proposed by
CONTRACIOR does not qualify as an "or-equal" . item
under subparagraph 6.7.1.1, it will be considered a pro-
posed substitute item. CONTRACI'OR shall submit suffi-
cient infonnation as provided below to allow ENGINEER
to detennine thal the item of material or equipment
proposed is essentially equivalent to that named and an
acceprable substitute therefor. The procedu~ for review
by the ENGINEER will include the following as supple.
mented in the General Requirements and as ENGINEER
may deCide is appropriate under the circumstances. Re-
quests for review of proposed substitute items of material
or equipment will not be accepted by ENGINEER from
anyone other than CONTRAcroR. If CONTRACTOR
wishes to furnish or use a substitute item of material or
equipment. CONTR.ACIOR shall first make written appli-
cation to ENGINEER for acceptance thereof, certifying
that the proposed substitute Will perform adequately the
functions and achieve the results called for by the general
design, be similar in substance to that spec:ified and be
suited to the same use 3S that specified. The application
Will state the extent, if any, to which the evaluation and
. acceptance of the proposed substitute will prejudice CON-
TRACI'OR's achievement of Substantial Completion on
time, whether or not acceptance of the substitute for use in
the Work Will require a change in any of the Contract
Doc:wnents (or in the provisions of any other direct
contract with OWNER for work on the Project) to adapt
the design to the proposed substitute and whether or not
incorporation or use of the substitute in connec:tion with
the Work is subject to payment of any license fee or
royalty. All variatio~ of the proposed substitute from that
specified wtll be identified in the application and available
maintenance, repair and replacement service will be indi-
c:atcd. The application will also contain an itemized esti-
mate of all costs or credits that Will result direc:tly or
indirectly from ac::eptance ofsuc:h substitute, including
costs of redesign and claims of other contractors afFected
by the resulting change, all of which Will be considered by
ENGINEER in evaluating the proposed substitute. EN-
GINEER may require CONTRAcroR to furnish addi-
tional data about the proposed substitute.
6,7.1.3, CONTRACTOR's Expense: AU data to be
provided by CONl'RACI'OR in support of any proposed
"or-equal" or substitute item Will be at CONTRACTOR's
expense.
6.7.2. Substitute ConslTUction Methods or Procedures: lfa
specific means, method. technique. sequence or procedure of
e
construction is shown or indicated in and expressly required by
the Contract Documents. CONTRACIOR may furnish or
utilize a substitute means. method, technique. sequence or
procedure of constrUction acceptable to ENGINEER. CON-
TRACI'OR shall submit sufficient information to allow ENGI-
NEER, in ENGINEER's sole discretion, to detennine that the
substitute proposed is equivalent to that expressly c:a1led for by
the Contract Ooc:uments. The procedure for review by ENGI-
NEER will be similar to that provided in subparagraph 6.7.1.2.
6.7.3. Engineer's Evaluation: ENGINEER Will be allowed
a reasonable time within which to evaluate each proposal or
submiaal made pursuant to paragraphs 6.7.1.2 and 6.7.2-
ENGINEER will be the sole judge of ac:c:eprability. No "or-
equal" or substitute will be ordered, installed or utilized
without ENGINEER's prior written ac:c:eptance which Will be
evidenced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACIOR to furnish at
CONTRACIOR's expense a special pcrfonnance guarantee or
other surety with respect to any "or-equal" or substitute.
ENGINEER WIll record time required by ENGINEER and
ENGINEER's Consultants in evaluating substitutes proposed
or submitted by CONTRACTOR pursuant to paragraphs 6".7.1.2
and 6.7.2 and in making changes in the Contract Documents (or
in the provisions of any other direct contract with OWNER for
work on the Project) occasioned thereby. Whether or not
ENGINEER accepts a substitute item so proposed or submit-
ted by CON"mACIOR, CONTRACTOR shall reimburse
OWNER for. the charges of ENGINEER and ENGINEER's
Consultants for evaluating each such proposed substitute item.
COlICeming SubconlrtU:ton, Supp1ien and OtJun:
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor, Supplier or other person or organization (including
those acceptable to OWNER and ENGINEER as indic:atcd
in paragraph 6.8.2), whether initially or as a substitute.
against whom OWNER or ENGINEER may have reason-
able objection. CONTRACTOR shall not be required to
employ any Subcontractor, Supplier or other person or
organization to furnish or perfonn any of the Work against
whom CONTRACIOR has reasonable objection. .
6.8.2. If the Supplementary Conditions require the iden-
tity of certain Subcontractors, Suppliers or other persons or
organizations (including those who arc to fuinisb the princi-
pal items of materials or equipment) to be submitted to
OWNER in advance of the specified dale prior to the
Effec:tive Date of the Agreement for acceptance by OWNER
and ENGINEER, and if CONTRACIOR has submitted a
list thereof in accordance with the Supplementary Condi-
tions, OWNER's or ENGINEER's acceptance (either in
writing or by failing to make written objection thereto by the
date indicated for acceptance or objection in the bidding
doc:uments or the Contract Documents) of any such Subcon-
tractor, Supplier or other person or organization so identified
may be revoked on the basis of reasonable objection after
due investigalion. in which case CONTRACIOR shall sub-
mit an acceptable substitute, the Contract Price wiD be
adjusted by the difference in the cost occasioned by such
24
e
.l
substitution and an appropriate Change Order will be issued
or Wriuen Amendment signed. No acceptance by OWNER
or ENGINEER of any such Subcontractor. Supplier or other
· person or orgnnization shall constitute a waiver of any right
of OWNER or ENGINEER to reject defective Work.
6.9.1. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors. Suppliers and other persons and organiza-
tions performing or furnishing any of the Work under a direct
or indirect contract with CONTRACTOR just as CON.
TRACTOR is responsible for CONTRACIOR's own acts
and omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor, Supplier or
other person or organization any contractual relationship
between OWNER or ENGINEER and any such Subcon-
tractor, Supplier or other person or organization, nor shall it
create any obligation on the part of OWNER or ENGI-
NEER to payor to see to the payment of any moneys due
any such Subcontractor, Supplier or other person or organi-
zation except as may otherwise be required by Laws and
Regulations.
6.9.2. CONTRACTOR shall be solely responsible for
SCheduling and coordinating the Work of Subcontractors,
Suppliers and other persons and organizations pcrionning or
furnishing any of the Work under a direct or indirect contract
with CONTRACTOR. CONTRACI'OR shall require all Sub-
contractors, Suppliers and such other persons and organiza-
tions perfonning or furnishing any of the Work to communi.
cate with the ENGINEER through CONTRACIOR.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be pcnonned by any
specific trade.
6. J I. . All Work performed for CONTRACI'OR by a Sub-
contractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor or
Supplier which speciiic:aJ1y binds the Subcontractor or Supplier
to the appliClble tcnns and conditions of the Contract Docu-
ments for the benefit of OWN1::R and ENGINEER. Whenever
any such agreement is with a Subcontractor or Supplier who is
listed as an additional insured on the property insurance
provided in paragraph 5.6 or 5.7, the agreement between the
CONTRACTOR and the Subcontractor or Supplier will con-
tain provisions whereby the SubcontnlCtor or Supplier waives
all' rights against OWNER. CONTRAcroR. ENGINEER.
ENGINEER's Consultants and all otheraddirional insureds for
all losses and damages caused by, arising out of or resulting
from any of the perils covered by such policies and ~y other
property insurance applicable to the Work. If the insurers on
any such policies require separate waiver forms to be signed by
any Subcontractor or Supplier. CONTRACTOR will obtain the
same.
)
"-
1't1IuI Fees tUul RDya/Iiu:
6.12. CONTRACI'OR shaIJ pay alllic:cnse fees and royal-
ties and assume all costs incident to the use in the performance
. .e. 'h'U-L.f . .
of the Work or the IDcorpora1Jon ID t e "011\0 0 any IRventlOn,
design, process, product or device which is the subject of
patent rights or copyrights held by others. If a panicular
invention, design. process. product or device is specified in the
Contract Documents for use in the performance of the Work
and if to the actual knowledge of OWNER or ENGINEER its
use is subject to patent rights or copyrights calling for the
payment of any license fee or royalty to others, the existence of
such rights shall be disclosed by OWNER in the ContJ3Cl
Documents. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold hanD-
less OWNER, ENGINEER, ENGINEER's Consultants and
the officers, directors, employees, agents and other consultants
of each and any of them from and against all claims, costs,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the use in
the performance of the Work or resulting from the incorpora-
tion in the Work of any invention, design, process, product or
device not specified in the Contract Documents.
PrnniJs:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACIOR shall obtain and pay for all con-
struction pcnnits and licenses. OWNER shall assist CON-
TRACTOR, when nec.cssary, in obtaining such permits and
licenses. CONTRACTOR shall pay all govcmmen~ c:harges
and inspection fees necessary for the prosecution of the Work,
which arc applicable at the time of opening of Bids, or, if there
arc no Bids, on the Effective Dale of the Agreement. CON-
TRACI'OR shall pay all charges of utility owners for connec-
tions to the Work, and OWNER shall pay all charges of such
utility owners for capital costs related thereto such as plant
investment fees.
LAws IIIUl R'gullJtiDlU:
6.14.1. CONTRACI'OR shall give all notices and comply
with all Laws and Regulations applicable to furnishing and
performance of the Work. Except where otherwise expressly
required byapplic:able Laws and Regulations, neithcrOWNER.
nor ENGINEER shall be respoDSlble for monitoring CON-
TRACTOR's compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR performs any Work knowing
or having reason to know that it is contrary to Laws or
Regulations. CONTRACTOR shall bear all claims. costs.
losses and damages caused by, arising out of or resulting
therefrom; however. it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings arc in accordance with Laws and Rcgu\alioos,
but this shall not relieve CONTRACTOR of CONTRAC-
TOR's obligations under paragraph 3.3.2.
TAUS:
6.15. CONTRACTOR shall pay all sales. consumer. use
and other similar taxes required to be paid by coNTRACIOR
in acc:ordance with the Laws and Regulations of the place of
2S
e
the Project which are applicable during the performance of the
. Work.
Usc of Premises:
)
6.16. CONTRACTOR shall confine construction equip-
ment, the storage of materials and equipment atJd the opera-
tions of workers to the site and land and areas identified in and
pennined by the Contract Documents and other land and areas
pennined by Laws and Regulations, rights-of-way, pennits and
casements, and shall not unreasonably encumber the premises
with construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any dam-
age to any such land or area, or to the owner or occupant
thereof or of any adjaCent land or lucas, resulting from the
performance of the Worlc. Should anY' claim be made by any
such owner or occupant because of the perfoflJW1ce of the
Work. CONTRACTOR shall promptly settle with such other
party by negotiation or otherwise resolve the claim by arbitra-
tion or other dispute resolution proceeding or at law. CON-
TRACI'OR shall; to the fullest extent permitted by Laws and
Regulations. indemnify and hold hannless OWNER. ENGI-
NEER. ENGINEER's Consultant and anyone directly or
indirectly employed by any of them from and against all claims,
costs, losses and damages arising out of or resulting from any
claim or action. legal or equitable. brought by any such owner
or occupant against OWNER, ENGINEER or any other party
indemnified hereunder to the extent caused by or based upon
CON1'RACTOR's perfonnance of the Worle..
6.17. During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials. rubbish and other debris resulting from the Work. At
the completion of the Work CONTRACTOR shall remove all
waste materials, rubbish and debris from and about the pre-
mises as well as all tools. appliances. construction equipment
and machinery and surplus materials. CON1llACI'OR shall
leave the site clean and ready for occupancy by OWNER at
. Substantial Completion of the Work. CONTRACTOR shall
restore to original condition all property not designated for
alteration by the Con~ Documents.
6.18. CONTRAClOR shall not load nor permit any part of
any structure to be loaded in any manner that wlll endanger the
structure. nor shall CONTRACTOR subject 'any part of the
Work or adjacent property to stresses or pressures that will
endanger it.
RCCDnl Docunwru:
-)
6.19. CONTRACTOR shall maintain in a safe place at the
site one record copy of all Drawings, Specifications. Addenda.
Written Amendments. Change Orders. Work Change Direc-
tives. Field OrderS ,and wrinen interpretations and clarifica-
tions ("ISSUed pursuant to paragraph 9.4) in good order and
annotated to show all changes made during construction.
These record documents together wilh all approved Samples
and a counterpart of all approved Shop Drawings will be
available to ENGINEER Cor reference. Upon completion of
e
the Work, these record documents. Samples and Shop Draw-
ings win be delivered to ENGINEER for OWNER.
~
Stlfcry tIlIIl ProuCliDn:
6.20. CONTRACI'OR shall be responsible for initiating.
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CON'TRACIOR shall take
all necessary precautions for the safety of. and shall provide
the necessary protection to prevent damage. injury or loss to:
6.20.1. all persons on lhe Work site or who may be
affected by the Work;
6.20.2. all the Work and materials and equipment to be
incorporated therein. whether in storage on or off the site;
and
6.20.3. other property at the site or adjacent thereto.
including trees. shrubs. lawns, walks. pavements. roadways,
structures. utilities and Underground Facilities not desig-
nated for removal, relocation or replacement in the course of
construction.
CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for safety of
persons or property or to protect them from damage. injury or
loss; and shall erect and maintain all necessary safeguards for
such safety and protection. CONTRACTOR shall notify own-
ers of adjacent property and of Underground Facilities and
utility owners when prosecution of the Work may affect them.
and shall cooperate with them in the protection. removal.
relocation and replacement of lheir property. All damage.
injury or loss to any property referred to in paragr.lph 6.20.2 or
6.20.3 caused. directly or indirectly, in whole or in part. by
CONTRACTOR. any Subcontractor. Supplier or any other
person or organization directly or indirectly employed by any
of them to perfonn or furnish any of the Work or anyone for
whose acts any of them may be liable. shall be remedied by
CONTRAC'IOR (except damage or loss attnbutable to lhe
fault oC Drawings or Specifications or to the acts or omissions
of OWNER or EN9INEER or ENGINEER's Consultant or
anyone employed by any of them or anyone Cor whose acts any
of lhern may be liable. and not attnoutable. directly or indi-
rectly, in whole or in pan. to the fault or negligence of
CONTRACTOR or any Subcontractor. Supplier or other per-
son or organization directly or indirectly employed by any oC
them). CONTRACTOR's duties and responsibilities for safety
and Cor protection of the Work shall cOntinue unul such time as
all the Work is completed and ENGINEER has issued a notice
to OWNER and CONTRACTOR in accordance wilh para-
graph 14.13 that the Worit is acceptable (except as otherwise
expressly provided in connection with Substantial Comple-
bon). .
Stlfcry Rcprr:xllllllive:
6.21. CONTRACTOR shall designate a qualified and expe-
rienced safety representative at the site whose duties and
26
responsibilities shall be the preveA of accidents and the
maintaining and supervising of safety precautions and pro-
grams.
.
HIlZIUfl Communication PTOf1"Il1'U:
6.22. CONTRACtOR shall be responsible for coordinating
any exchange of material safety daIa. sheets or other hazard
communication information required to be made available to or
exchanged between or among employers at the' site in accor-
dance with Laws or Regulations.
Emergelldu:
6~23. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto. CONTRACI'OR. without special instruction or au-
thorization from OWNER or ENGINEER. is obligated to
act to prevent threatened damage. injury or loss. CON-
TRACTOR shall give ENGINEER prompt written notice if
CONTRACTOR believes that any significant changes in the
Work or variations from the Contract Documents have been
caused thereby. If ENGINEER detennines that a change in
the Contract Documents is required because of the action
taken by CONTRACTOR in response to such an emergency.
a Work Change Directive or Change Order will be issued to
document the consequences of such action.
).
6.24. Shop Drawinp tJ1Ul SampIG:
6.24.1. CONTRACI'OR shalf submit Shop Drawings to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawings and Sample submittals
(see paragraph 2.9). All submittals W111 be identified as
ENGINEER may' require and in the number of copies
specified in the GenenU Requirements. The data shown on
the Shop Drawings will be complete with respect to quanti-
ties. dimensions. specified pcrfonnance and design criteria.
malerials and sinular data to show ENGINEER. the materi-
als and equipment CONTRACtOR proposes to provide and
to enable ENGINEER to review the infonnation for the
limited purposes req~lred by paragraph 6.26.
6.24.2. CON1'RACI'OR shall also submit Samples to
ENGINEER for review and approval in 'accordance with
said acc:cpted schedule of Sbop Drawings and Sample sub-
miaals.. Each Sample W111 be identified clearly as to material.
Supplier. pertinent: data such as catalog numbers and the use
for which intended and' otherwise as ENGINEER mav
require to enable ENGINEER to review the submittal f~r
the limited purposes required by paragraph 6.26. The. num-
bers of each Sample to be subniitted will be as specified in
the Spccificuions.
US. SubmittlJl Procedura:
)
""'"
6.15.1. Before submitting each SbopDrawing or Sam-
ple. CONTRACIOR shall have detennined and verified:
6.25.1.1. _field measurements, quantities, dimen-
sions, specified perfonnance criteria. insrallation require-
ments, materials. catalog numbers and similar infonnation
with respect thereto,
6.25. I .2. all materials with respect to intended use,
fabric:uion, shipping, handling, storage. assembly and
installation pertaining to the perfonnance of the Work, and
6.25.1.2. all infonnation relative to CONTRACTOR's
sole responsibilities in respect of means. methods, tech-
niques, sequences and procedures of construction and
safety precautions and programs incident thereto.
CONTRACTOR shall also have reviewed and coordinated
each Shop Drawing or Sample with other Shop Drawings
and Samples and with the requirements of the Work and the
Contract Documents.
6.25.2. Each submittal W111 bear a stamp 'or specific
written indication that CONTRACTOR has satisfied CON-
TRAcroR's obligations under the Contact Documents with
respect to CONTRACTOR'S review and approval of that
. submittal.
6.25.3. At the time of each submission, CONTRACTOR
shall give ENGINEER specific written notice of such vari-
ations, if any, that the Shop Drawing or Sample submitted
may have from the requirements of the Conttact Documents,
such notice to be in a written communication separate from
the submittal; and, in addition, shall cause a specific notation
to be made on each Shop Drawing and Sample submitted to
ENGINEER for review and approval of each such variation.
6.26. ENGINEER will review and approve Shop Drawings
and Samples in accordance with the schedule of Shop Draw-
ings and Sample submittals accepted by ENGINEER as re-
quired by paragraph 2.9. ENGINEER's review and approval
w1lJ be only to detennine if the items covered by the submittals
will, after installation or incorporation in the Work, conform to
the information given in the Contract Documents and be
compauole with the design concept of the completed Project as
a functioning whole as indicated by the Conuact Documents.
ENGINEER's review and approval W11l not extend to means.
methods, techniques, sequences or procedures of construction
(except where a particular means, method. technique, se-
quence or procedure of construction is specifically and ex-
pressly called for by the Contract Documents) or to safety
precautions or prognuns incident thereto. The review and
approval of a separate item as such will not indicate approval of
the assembly in which the item functions. CONTRACTOR
shall make corrections required by ENGINEER. and shall
return the required number of cOrTCCted copies of Shop Draw-
ings and submit as required new Samples for review and
approval. CONTRACtOR shall direct specific attention in
, writing to revisions other than the corrections called for by
ENGINEER on previous submiaals.
6.27. ENGINEER's review and approval of Shop Draw-
ings or Samples shall not relieve CONTRACTOR from respon-
sibility for any variation from the requiremenES of the ConU3Ct
T1
~.
Doc:uments unless CONTRACTOR' in writing called EN-
GINEER's attention to each such variation at the time of
submission as required by paragraph 6.2S.3 and ENGINEER
has given wrinen approvaJ of each such variation by specific
writzen notation thereof incorporated in or accompanying the
Shop Drawing or Sample approval: nor Will any approval by
ENGINEER relieve CONTRAClOR from responsibility for
complying with the requirements of panagraph 6.2S .1.
6.28. When: a Shop Drawing or Sample is required by the
Conuaa Documents or the schedule of Shop Drawings and
Sample submissions accepted by ENGINEER as required by
paragraph 2.9, any related Work perfonned prior to ENGI-
NEER's review and approvaJ of the pertinent submittal Will be
at the sole expense and responSIbility of CONTRACIOR.
CDllliluzing 1M Wort:
6.29. CONTRAClOR shall carry on the Work and adhere
to the progress schedule during aJl disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements, except as
pennitted by paragraph 15.5 or as OWNER and CONTRAC-
TOR may otherwise agree in writing.
6.30. CONTRACToR's GcMral W~ IIIIIl GUIZrtIlIlee:
)
6.30.]. CONTRACIOR wanants and guarantees to
OWNER. ENGINEER and ENGINEER's Consultants that
aJl Work will be in accordance with the Contract Documents
and Will not be defective. CONTRACTOR's wananty and
guazantce hereunder excludes defects or damage caused by:
6.30.1.1. abuse, modification or improper maintenance
or operation by persons other than CONTRACTOR, Sub-
contractors or Suppliers; or
6.30.1.2. nonnal wear and tear under normal usage.
6.30.2. CONTRACTOR's obligation to perform and com-
plete the Work in accordance with the Contract Documents
shall be absolute. None of the following will constitute an
aa:eptaDce of Work that is not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work in acco~c:e with the Contract
Documcuts:
6.30.2.1. observations by ENGINEER;
6.30.2.3. recommendation of any progi-ess or final
payment by ENGINEER:
6.30.2.3. the issuance of a certificate of Substantial
Completion or any payment by OWNER to CONTRAC-
TOR under the Contract Documents;
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_.
6.30.2.4. use or occ:upancy of the Work or any pan
thereof by OWNER;
6.30.2.5. ! acceptance by OWNER or any failure to
do so;
6.30.2.6. any review and approvaJ of a Shop Drawing
or Sample submittal or the issuance of a noticc of ac:ccpt.
ability by ENGINEER pursuant to paragraph 14.13;
6.30.2.7. any inspection, test or approvaJ by others; or
6.30.2.8. any correction of defective Work by OWNER.
ltukmnijiaJlion:
6.31. To the fullest extent permined by Laws and Regula-
tions, CONTRACTOR shall indemnify and hold hannIess
OWNER, ENGINEER, ENGINEER's Consultants and the
officcrs, directors, employees, agents and other consultants of
each and any of them from and against all claims, costs, losses
and damages (including but not limited to all fees and charges
of engineers, architects. attorneys and other professionaJs and
aJl coun or arbitration or other dispute resolution costs) caused
by, arising out of or resulting from the perfonnancc of the
Work. provided that any such claim, cost, loss or damage: (i) is .
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the
Work itselO, including the loss of use resulting therefrom, and
(ii) ,is caused in whole or in part by any negligeut act or
omission of CO~R, any Subcontractor, any Supplier,
any person or organization directly or indirectly employed by
any of them to perform or furnish any of the Work or anyone
for whose acts any of them may be liable, regardless of whether
or not caused in part by any negligence or omission of a person
or entity indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations regard-
less of the negligence of any such person or entity.
6.32. In any and aJl claims against OWNER or ENGI-
NEER or any of their respective consultants, agents, officers,
directors or employees by any employee (or the survivor or
personal representative of such employee) of CONTRAClOR,
any Subcontractor, any Supplier, any person or organization
directly or indirectly employed by any of them to perform or
furnish any of the Work, or anyone for whose acts any of them
may be liable, the indemnification obligation under paragraph
6.31 shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable
by or for CONTRACIOR or any such Subcontractor, Supplier
or other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts.
6.33. The indemnification obligations of CONTRACTOR
under paragraph 6.31 shall not extend to the liability of ENGI-
NEER and ENGINEER's Consultants, officers, directors,
employees or agents caused by the professional ncgfigenc:,
errors or omissions of any of them.
5urviwzl of ObligllliDns:
6.34. All representations, indemnifications, warranties and
guarantees made in. required by or given in accordance with
28
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the Contract Documents. as well as. all continuing obligations
indic:ated in the Contract Documents. will survive final pay-
J11ent. completion and acceptance of the Work and tennination
or completion of the Agreement.
ARTICLE 7-OTHER WORK
ReltJud Work at Siu:
7.1. OWNER may perfonn other work related to the
Project at the site by OWNER"s own forces. or let other
direct contracts therefor which shaJJ contain General Condi-
tions similar to these. or have other work performed by
uulity owners. If the fact that such other work is to be
perfonned was not noted in the Contract Documents. then:
(i) written notice thereof will be given to CONTRAcroR
prior to staning any such other work. and (ii) CONTRAC-
TOR may make a claim therefor as provided in Articles II
and 12 if CONTRACTOR believes that such performance
will involve additional expense to CONTRACTOR or re-
quires additional time and the parties are unable to agree as
to the amount or extent thereof.
)
7.2. CONTRACTOR shaJJ afford each other contractor
who is a party to such a direct contract and each utility
owner (and OWNER, if OWNER is performing the addi-
tional work with 'OWNER's employees) proper and safe
access to the site and a reasonable opportunity for th.:
introduction and storage of materials and equipment and the
execution of such other work and shall properly connect and
coordinate the Work with theirs. Unless otherwise p(Ovided
in the Contract Documents. CONTRACIOR shall do all
cutting, fining and patching of the Work that may be required
to make its several 'parts come together properly and inte-
grate with such other work. CONTRACTOR shall not en-
. danger any work of others by cutting, excavating or other-
wise altering their work and will only cut or alter their work
with the written cons!=nt of ENGINEER and the others
whose work will be affected. The duties and responsibilities
of CONTRACTOR-under this paragraph are for the benefit of
such utility owners and other contractors to the extent that
there are comparable provisions for the benefit of CON.
TRACI'OR in said direct contracts between OWNER and
such utility owners and other contractors.
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7.3. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work performed by
others under this Anicle 7, CONTRACTOR shall inspect such
other work and promptly report to ENGINEeR in writing any
delays, defects or deficiencies in such other work that n:nder it
unavailable or unsuitable for the proper execution and results
of CONTRACTOR's Work. CONTRAC'IOR's failure so to
report WIlt constitute an acceptance of such other work as fit
and proper for integration with CONTRACTOR's Work except
for latent or nonapparent defects and deficienc;:ies in such other
work.
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CoonIiruzti.on:
7.4. If OWNER contracts with othe~ for the performance
of other work on the Proj~: at the site. the following will be set
forth in Supplementary Conditions:
. 7.4.1. the person. firm or corporation who will have
authority and responsibility for coordination of the activities
among the various prime contracto~ will be identified;
7.4.2. the specific matte~ to be covered by such author.
ity and responsibility Will be itemized; and
7.4.3. the extent of such authority and responsibilities
will be provided.
Unless otherwise provided in the Supplementary Condi-
tions. OWNER shall have sole authority and responsibility in
respect of such coordination.
ARTICLE S-OWNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Condi-
tions. OWNER shall issue all communications to CONTRAC-
TOR through ENGINEER.
8.2. In case of termination of the employment of ENGI-
NEER. OWNER shaD appoint an engineer against whom
CONTRACTOR makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
ENGINEER.
.8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CON'TRAClOR promptly when they are. due as
provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to esmblish ref-
erence points are set forth in paragraphs 4.1 and 4.4. Paragraph
4.2 refe~ to OWNER's identifying and making available to
CON1'RACTOR copies of reports of explorations and tests of
subsulface conditions at the site and drawings of physical
conditions in existing SUUctUrc:s at or contiguous to the site that
have been uulized by ENGINEER in preparing the ContraCt
Documents.
8.5. OWNER's responsibUities in respect of purchasing
and maintaining liability and property insurance are set forth in
paragraphs 5.5 through 5.10.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibUity in respect of cenain inspe<:'
tions. tests and approvals is set forth in paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work. see paragraphs 13.10 and IS.I. Paragraph 15.2
deals with OWNER's right to terminate scrvic::s of CON-
TRACTOR under certain circumstances.
29.
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8.9. The OWNER shall not supervise. direct or have
control or authority over. nor be responsible for. CONTRAC.
TOR's means, methods, techniques. sequences or procedures
f!Il construction or the safety precautions and programs incident
thereto, or for any failure of CONTRACI'OR to comply with
Laws and Regulations applicable to the furnishing or perfor-
mance of the Work. OWNER WIll not be responsible for
CONTRACI"OR's faJlure to perfonn or furnish the Work in
accordance with the Contract Documents.
8.10. OWNER'S responsibility in respect of undisclosed
Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive
Materials uncovered or revealed at the site is set forth in
paragraph 4.5.
8.11. If and to the extent OWNER has agreed to furnish
CONTRACI"OR reasonable evidence that financial ammge.
ments have been made to satisiy OWNER's obligations under
the Contract Documents. OWNER's responsibility in respect
thereof will be as set forth in the Supplementary Conditions.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUcnON
OWNER's RepruenlDliPe:
.)
9.1. ENGINEER will ,be OWNER's representative during
the construction period. The duties and responsibilities and the
limitations of authority of ENGINEER as OWNER's repre.
sentative during construction are set forth in the Contract
Doc:Wnents and shall not be extended without written consent
of O.WNER and ENGINEER.
Y. ID Silt::
).
"-...::.
9.2. ENGINEER WIll make visits to the sice at intervals
aPpropriate to the vanoUs stages of construction as ENGI-
NEER deems necessary in order to observe as an experienced
and qualified design profesSional the ptogreSs thai: has been
mad~ and the quality of ,the various aspects of CONTRAC-
1'OR's executed Work. B3sed on information obtained during
such visits and observations, ENGINEER will endeavor for
the benefit of OWNER to detennine, in general. if the Work is
proceeding in accordance with the Conti"act Documents. EN-
GINEER WIll not be required to make eXhaustive or continuo
ous on-sice inspections to checlc the quality or quantity of the
Work. ENGINEER's eff'0rt5 wiD be directed toward provi~ng
for OWNER a greater degree of confidence that the completed
Work will confonn generally to the ContnlCt Documents. On
the basis of such visits and on-sire observations, ENGINEER
will keep OWNER informed of the progress of the Work and
wiD endeavor to guard OWNER against dt/ectivt Work. EN-
GINEER's visits and on-site observations are subjec:t to all the
&mitations on ENGINEER's authority and responsibility set
forth in paragraph 9.13, and particularly, but without limitation.
during or as a result of ENGINEER.s on-sire visits or
.:
e '
observations ofCONTRACTOR's Work ENGINEER will not
supervise. direct, control or have authority over or be respon-
sible for CONTRACTOR's means. methods. techniques, se.
quences or procedures of construction. or the safety precau-
tions and progr:uns incident thereto, or for any failure of
CONTRACrOR to comply with Laws and Regulations appli-
cable to the furnishing or perfonnance of the Work.
Projtct Represe1JlDli"t:
9.3. lfOWNER and ENGINEER:lgree, ENGINEER will
furnish a Resident Project Representative to assist ENGI-
NEER in providing more continuous observation of the Work.
The responsibilities and authority and limitations thereon of
any such Resident Project Representative and assistants Will be
as provided in paragnlph 9.13 and in the Supplementary
Conditions. If OWNER designates another representative or
agent to represent OWNER at the site who is not ENGI-
NEER's Consultant, agent or employee, the responsibilities
and authority and limitations thereon of such other person will
be as provided in the Supplementary Conditions.
Cltzri~ns and lnurpre1lllilJns:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the ContraCt Documents (in the fonn of Drawings or
otherwise) as ENGINEER may detennine necessary, which
shall be consistent with the intent of and reasonably inferable
from Contract Documents. Such written clarifications and
interpretations WIll be binding on OWNER and CONTRAC-
TOR. If OWNER or CONTRACTOR believes that a written
clarificuion or interpretation justifies an adjustment in the
Contract Price or the Contract Tunes and the panics are unable
to agree to the amount or extent thereof, if' any, OWNER or
CONTRACIOR may make a written claim therefor as pro-
vided in Anicle I I or Article 12.
AuthDrized VariGtiDn.r in WDrlc
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
ContnlCt Times and are compatible with the design concept of
the completed Project as a functioning whole as indicated by
the Conaact Documents. These may be accomplished by a
Field Order and will be binding on OWNER and also on
CONTRACI'OR who shall perfonn the Work involved prompdy.
If OWNER or CONTRACTOR believes that a Field Order
justifies an adjustment in the Contract Price or the Contract
Times and the panics are unable to agree as to the amount or
extent thereof. OWNER or CONTRACTOR may make a
written claim therefor as provided in Article .1 1 or 12.
Rejtczing Dtfectiw! Worlc
9.6. ENGINEER wiJI have authority to disapprove or
. reject Work which ENGINEER believes to be d~f~Cliv~, or
30
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that ENGINEER believes will not produce a completed Project
that confonns to the Contract Oocuments or that will prejudice
~e integrity of the design concept of the completed Project :1S
a functioning whole :1S indiQted by the ContrclCt Documents.
ENGINEER will also have authority to require special inspec-
tion or testing of the Work as provided in paragraph 13.9.
whether or not the Work is fabriClted. installed or completed.
Shop Drrzwings, C1umgr Orthn tJNi Paymenu:
9.7. In connection with ENGINEER's authority as to
Shop Drawings and Samples. see paragraphs 6.24 through 6.28
inclusive.
9.8. In connection with ENGINEER's authority as to
Change Orders, see Anicles 10, II. and 12.
9.9. In connection with ENGINEER's authority as to
Applications for Payment. see Article 14.
Df!UTmimztiDns for Unit Prices:
)
9.10. ENGINEER will determine the actual quantities and
classifications of Unit Price Work performed by CONTRAC-
TOR. ENGINEER will review with CONTRACTOR the EN-
GINEER's preliminary determinations on such matters before
rendering a written decision thereon (by recommendation of an
Application for Payment or otherwise). ENGINEER's wrinen
decision thereon will be final and binding upon OWNER and
CONTRACTOR. unless. within ten days after the date of any
such decision, either OWNER or CONTRACIOR delivers to
the other and to ENGINEER writt~n notice of intention to
appeal from ENGINEER's decision and: en an appeal from
ENGINEER's decision is taken within the time limits and in
accordance with the procedures set forth in Exh~it GC.A.
"Dispute Resolution Agreement:' entered into between
OWNER and CONTRACI'OR pursuant to.Article 16, or (ii) if
no such Dispute Resolution Agreement has been entered into.
a formal proceeding is instituted by the appe:1ling party in a
forum of competent jurisdiction to exercise such rights or
remedies as the appeali~g pany may have with respect to
ENGINEER's decision, unless otherwise agreed in writing by
OWNER and CONTRAC1'OR. Such appeal will not be subject
to the procedures of paragraph 9.11.
DcdsiDns 011 DisplllG:
J.
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims. disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contnlct Documents
pertaining to the performance and furnishing of the Work and
Claims under ArticleS II and 12 in respect of changes in the
Contract Price or Contract Times will be referred initially to
ENGINEER in writing with a request for a formal decision in
accordance with this paragraph. Wrinen notice of each such
claim. dispute or other mauer will be delivered by the claimant
e
to ENGINEER and the other party to the Agreement promptly
(but in no event later than thirty days) after the start of the
oc:um:nce or event giving rise thereto. and wrinen supporting
data wm be submitted to ENGINEER and the other party
within sixty days after the start of such occurrence or event
unless ENGINEER allows an additional period of time for the
submission of additional or more accurate data in support of
such claim. dispute or other maner. The opposing party shall
submit any response to ENGINEER and the claimant within
thirty days after receipt of the claimant's last submittal (unless
ENGINEER allows additional time). ENGINEER WIll render
a fonnal decision in writing within thirty days after receipt of
the opposing party's submittal. if an)', in accordance with this
paragraph. ENGINEER's written decision on such claim,
dispute or other matter will be final and binding upon OWNER
and CONTRACTOR unless: en an appeal from ENGINEER's
decision is taken within the time limits and in accordance with
the procedures set forth in EXHIBIT GC-A. "Oispute Reso-
lution Agreement:' entered into between OWNER and CON-
TRACIOR pursuant to Article 16. or (ii) if no such Dispute
Resolution Agreement has been entered into. a written notice
of intention to appeal from ENGINEER's written decision is
delivered by OWNER or CONTRACTOR to the other and to
ENGINEER within thirty days after the date of such decision
and a fonnal proceeding is instituted by the appealing party in
a forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to such
claim. dispute or other matter in accordance with applicable
Laws and Regulations within sixty days of the date of such
decision. unless otherwise agreed in writing by OWNER and
CONTRACTOR.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11. ENGINEER will not show partiality
to OWNER or CONTRACTOR and will not be liable in
connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect
to any such daim, dispute or other matter (except any which
hnve been waived by the m:1king or acceptance of final
payment as provided in -paragraph 14.15) will be a condition
precedent to any exercise by OWNER or CONTRACIOR of
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
any such claim. dispute or other matter pu~uant to Article 16.
9.13. UmitDtiDns 011 ENGINEER's AlIIhority tI1IIl ResponsibiJitj,a:
9.13.1. Neither ENGINEER's authority or responsibil-
ity under this Article 9 or under any other provision of the
Contract Documents nor any decision made by ENGINEER
in good faith either to exercise or not exercise such authority
or responsibility or the undertaking, exercise or performance
of any authority or responsibility by ENGINEER shall
cre:1te. impose or give rise to any duty owed by ENGINEER
to CONTRACTOR. any Subcontractor. any Supplier. any
other person or orpnization. or to any surety for or em-
ployee or agent of any of them.
31
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9.13.2. ENGINEER will not supervise. direct. Control
or have authority over or be responsible for CONTRAC.
.
lOR's means, methods. te:hniques. sequenc::s or proce-
dures of construction, or the safety precautions and pro-
grams incident thereto, or for any failure of CONTRACIOR
to comply with laws and Regulations applicable to the
furnishing or performance of the Work. ENGINEER will not
be responsible for CONTRACTOR's failure to pcrfonn or
furnish the Work in accordance with the Contract Docu-
ments.
19.13.3. ENGINEER wl1l not be responsible for the acts
or omissions of CONTRACTOR or of any Subcontractor.
any Supplier. or of any other person or organization perfonn-
ing or furnishing any of the Work.
9.13.4. ENGINEER's review of the final Application for
Payment and accompanying documentation and all mainte-
nance and operati"ng instructions, schedules. guarantccs.
bonds and certificates of inspection. tests and approvals and
Other documentation required to be delivered by paragraph
14.12 wnJ only be to detennine ge~erally that their content
complies with the requirements of, and in the case of
certificates of inspections. tests and approvals that the
results cenified indicate compliance with. the Contract Doc-
uments.
)
9.13.5. The limitations upon authority and responsibility
set forth in this paragraph 9.13 shall also apply to ENGI-
NEER.s Consultants. Resident Project Representative and
assistants.
ARnCLE IG-CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without
notice to any surely, OWNER may. at any time or from time
to time. order additions. deletions or revisions in the Work.
Such additions, deletions or revisions will be :wthorized by
a Wrinen Amendment. a Change Order. or a Work Change
Directive. Upon receipt of any such document. CONTRAC-
TOR shall promptly proceed with the Work involved which
wJ1l be perfonncd under the applicable conditions of the
Contract Documents (except as otherwise specifically pro-
vided).
10.2. If OWNER and CONTRACTOR are unable to agree
as to the extent. if any, of an acf'jUStment in the Contract Price
or an adjustment of the Contract nmes that should be allOwed
as a result of a Work Change Directive. a claim may be made
therdor as provided in Anicle II or Anicle 12.
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. 10.3. CONTRACTOR shall not be entided to an incrc:asc in
the Contract Price or an extension of the Contract times with
respect to any Work perfonned that is not required by the
Contract Documents as amended. modified and supplemented
as provided in paragraphs 3.5 and 3.6 except in the case of an
emc.g..llcy as provided in paragraph 6.23 or in the case of
uncovering Work as provided in paragraph 13.9. '
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10.4. OWNER and CONTRACTOR shall exe:ute appro-
priate Change Orders recommended by ENGINEER (or Writ-
ten Amendments) covering:
10.4.1. changes in the Work which are (i) ordered by
OWNER pursuant to paragraph 10.1, (ii) required because of
acceptance of defective Work under paragraph 13.13 or
correcting defective Work under paragraph 13.14, or (Ui)
agr=d to by the panies;
10.4.2. changes in the Contract Price or Contract nmes
which are agr=d to by the panies; and
10.4.3. changes in the Contract Price or Contract Tunes
which embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph .9.11;
provided that. in lieu of executing any such Change Order. an
appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicmle
laws and Regulations. but during any such appeal. CON-
TRAcroR shall carry on the Work and adhere to the progress
schedule as provided in paragraph 6.29.
10.5. If notice of any change affecting the general scope of
the Work or the provisions of the Contract Documents (includ-
ing. but not limited to. Contract Price or Contract nmes) is
required by the provisions of any Bond to be given to a surety,
the giving of any such notice wl1l be CONTRACTOR's reSpon-
sibility. and the amount of each applicable Bond wJ1J be
adjusted accordingly.
ARTICLE II-CHANGE OF CONTRACf PRICE
11.1. The Contract Price constitutes'the total compensa-
tion (subject to authorized adjustments) payable to CON-
TRAcroR for perfonning the Work. All duties. responsibili-
ties and obligations assigned toorundenaken by CONTRACIOR
shall be at CONTRACTOR's expense without change in the
Conuact Price.
11.2. The Contract Price may only be changed by a Change
Order or by a Wrinen Amendment. Any claim for an adjust-
ment in the Contract Price shall be based on wrinen notice
delivered by the pany making the claim to the other party and
to ENGINEER promptly (but in no event later than tJUny
clays) after the stan of the occurrence or event giving rise to the
claim and stating the general nature of the claim. Notice of the
amount of the claim with supporting c1ata shall be delivered
within sixty days after the start of such occurrence or event
(unless ENGINEER allows additional time for claimant to
submit additional or more accurate data in support of the claim)
and shall be accompanied by claimant's wrinen StalCment that
the aGJUSlment claimed covers all known amounts to which the
claimant is entitled as a result of said occum:ncc or evenL AU
claims for adjustment in the: ContnlCt Price shaD be dClennined
by ENGINEER in ac:cordance with paragraph 9.11 if OWNER
and CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract Price wm
32
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be valid jf not submitted in accordance with this paragraph
II~
.
11.3. The value of any Work covered by a Change Order or
of any claim for an adjustment in the Contract Price will be
detennined as follows:
1 1.3.1. where the Work involved is covered by unit
prices contained in the Contract Documents, by application
of such unit prices to the quantities of the items involved
(subject to the provisions of paragraphs 11.9.1 through
11.9.3, inclusive);
1 1.3.2. where the Work involved is not covered by unit
prices contained in the Contract Documents. by a mutually
agreed lump sum (which may include an allowance for
overhead and profit not necessanly in accordance with
paragraph 11.6.2);
11.3.3. where the Work involved is not covered by unit
prices contained in the Contract Documents and agreement
to a lump sum is not reached under paragraph 11.3.2, on the
basis of the Cost of the Work (determined as provided in
paragraphs 11.4 and 11..5) plus a CONTRACTOR's fee for
overhead and profit (determined as provided in paragraph
11.6).
CDSt DJ 1M WDrt:
11.4. The tenD Cost of the Work means the sum ofall costs
necessarily inc:um:d and paid by CONTRACTOR in the proper
performance of the ~ork. Exc:ept as otherwise may be agreed
to in writing by OWNER. such costs shall be in amounts no
higher than those prevaJling in the loc:ality of the Project. shall
include only the following items and shall not inc;lude any of the
costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the din:c:t employ
of CONTRACTOR in the performance of the Work under
schedules of job classifications llII:Ced upon by OWNER and
CONTRACI'OR. Such employees shall include without Jim-
italion superintendents, foremen and other personnel em-
ployed full- time at the site. Payroll costs for employees not
employed fulJ time. on the Work shall be appc.lnioned on the
basis of their time spei'lt on the Worle. Payroll costs shall
include, but not be limited to, salaries and wap:s pIUs the
cost of fringe benefits which shall include social security
contn"butions, unemployment, excise and payroD taxes. work-
ers' compensation, health and retirement benefits. bonuses,
sick leave, vacation and holiday pay applicable thereto. The
expcases of performing Work after regular working hours,
on Suurday, Sunday or legal holidays, sball be included in
the above to the extent authorized by OWNER.
11.4.2. Cost ofall materials and equipment furaisbed and
incorporaled in the Work, including costs of transponation
aad storage thereof', and Suppli~' field services required in
caanection therewith. AD cash discounts. shall accrue to
CONTRACTOR unless OWNER deposits funds with CON-
TRACI'OR with which to make payments, in wbic:h case the
e
cash discounts shall accrue to OWNER. All trade discounts,
rebates and rdunds and rewms from sale of surplus materi-
als and equipment shall accrue to OWNER, and CON-
TRACTOR shall make provisions so that they may be
obtained.
11.4.3. Payments made by CONTRACTOR to the Sub-
contractors for Work pcrfonned or furnished by Subc:ontrac-
tots. If required by OWNER, CONTRACrOR shall obtain
. competitive bids from subcontr.lCtOrs acceprable to OWNER
and CONTRACTOR and shall deliver such bids to OWNER
who will then determine, with the advice of ENGINEER.
which bids, if any, will be accepted. If any subcontract
provides that the Subcontractor is to be paid on the basis of
Cost of the Work Plus a fee, the Subcontractor's Cost of the
Work and fee shall be determined in the same manner as
CONTRACTOR's Cost of the Work and fee as provided in
paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall
be subjcc:t to the other provisions of the Contract Documents
insofar as applicable.
11.4.4. Co~ts of special consultants (including but not
limited to engineers, architects, testing. laboratories, survey-
ors, anomeys and aec:ountants) employed for services spe-
cifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transponation,
travel and subsistenc:e expenses of CONTRACTOR's em-
ployees incurred in discharge of duties connected with. the
Work.
11.4.5.2. Cost., including transportation and mainte-
nance, of all materials, supplies, equipment., machinery,
appliances. office and temporary f3C11ities at the site and
hand tools not owned by the workers, which are con-
sumed in the performance of the Work, and cost less
market value of such items used but not consumed which
remain the property of CO~R.
11.4.5.3. Rentals of all construction equipmeDt and
machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with renral agree-
ments approved by OWNER with the advice .of ENGI-
NEER. and the costs of transportation, loading, unload-
ing, installation, dismantling and removal thereof-aJ1 in
. accordance with the terms of said renral agreements. The
rental of any such equipment, machinery or parts shall
cease when the use thereof is no longer necessary for the
Work.
11.4.5.4. Sales, consumer, use or sinu1ar taxes related
to the Work, and for which CONTRAC'IOR is liable.
imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negli-
gence of CONTRACTOR. any Subcontractor or anyone
directly or indirectly employed by any of them or for
whose acts any or them may be liable, and royalty
payments and fees for pennits and licenses.
33
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11.4.5.6. Losses and damages (and related expenses)
caused by damage to the Work. not compensated by
insurance or otherwise. sustained by CONTRACIOR in
connection with the peri'onnance and furnishing of the
Work (except losses and damages within lhe deducuble
amounts of property insurance established by OWNER in
accordance with paragraph 5.9). provided they have reo
suited from causes other than the negligence of CON-
TRACTOR. any Subcontrac:tor. or anyone directly or
indirectly employed by any of lhcm or for whose acts any
of lhcm may be liable. Such losses shall include settle.
ments made with the wrincn consent. and approval of
OWNER. No such losses. damages and expenses shall be
inc:luded in the Cost oC the Work for the purpose of
detennining CONTRACTOR's fee. IC. however. any such
loss or damage requires reconstruction and CONTRAC-
lOR is placed in charge thereof. CONTRACIOR shall be
paid Cor services a fee proportionate to that stated in
paragraph 11.6.2.
11.4.5.7. The cost of uulities;fuel and sanitary facili-
ties at the site. .
11.4.5.8. Minor expenses such as telegrams. long dis-
tance telephone calls. telephone service at lhe site. ex-
pressage and sinular petty cash items in connection with
the Work.
)
11.4.5.9. Cost oC premiums 'for additional Bonds and
insurance required because of changes in the Work.
11.5. The tenn Cost of the Work shall not include any of
the Collowing:
11.5.1. Payroll costs and other compensation of CON-
TRACTOR.s officers. executives. principals (of partnership
and sole proprietorsh~ps), general managers. engineers. ar-
chitects. estimalors. attorneys. auditors. accouritants. pur.
chasing. anCl contracting agents. expediters. timekeepers.
clerks and other personnel cmployecl by CONTRACIOR
whether. at the site or in CONTRACTOR's principal or a
. branch office Cor general administration of the Work and not
specificaJJy included in the agreed upon schedule of job
classific:alions referred to in par3graph J J .4. J or specifically
covered by paragraph J J.4.4-aD of which lR to be consid-
ered administrative costs covered by the CONTRACTOR's
fee.
11.5.2. Expenses of CONTRACTOR's principal and
branch oftices orlterthan CONTRACTOR's oftice at the site.
11.5.3. Any part o(CONTRACI'OR's capital expenses.
including interest on CONTRACTOR's capital employed for
rite Work and cbarges against CONTRACTOR for delin-
quent payments.
-)
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRAC'IOR is required by the
Contract Documents to purchase and maintain the same
(except Cor the cost of premiums covered by subparagr2ph
11.4.5.9 above).
.,..,
e
11.5..5. Costs due to the negligence ofCONTRAC-
TOR. any Subcontractor. or anyone directly or indi-
rectly employed by any of them or for whose acts any
of them may be liable. including but not limited to, the
correction of defecrive Work. disposal of materials or
equipment wrongly supplied and making good any
damage to property.
Other overhead or general expense costs of any kind
and the costs of any item not specifically and expressly
included in paragraph 11.4.
11.6. The CONTRACTOR's fee allowed to CONTRAC-
1'OR for overhead and profit shall be determined as follows:
11.6.1. a mutually acceptable fixed fee; or
11.6.2. if a fixed fee is not agreed upon. then a fee
based on the following percentages of the various
portions of the Cost of the Work:
I 1.6.2.1. Cor costs incurred under paragIaphs 11.4. I
and 11.4.2. the CONTRACTOR's fee shall be fifteen
percent;
11.6.2.2. for costS incurred under paragraph 11.4.3.
the CONTRACTOR's fee shall be five percent;
11.6.2.3. where one or more tiers of subcontracts lR
on the basis of Cost oCthe Work plus a fee and no fixed fee
is agreed upon. the intent of paragraphs 11.4.1. 11.4.2.
II .4.3 and II .6.2 is that the Subcontractor who actua/1y
performs or furnishes the Work. at whatever tier. will be
paid a fee of fifteen percent of the costs incurred by such
Subcontractor under paragraphs 11.4.1 and I 1.4.2 and that
any higher tier Subcontractor and CONTRACTOR wiD
each be paid a fee of five percent of the amount paid to the
next lower tier Subcontractor,
11.6.2.4. no fee shall be payable on the basis of costs
itemized under paragraphs 11.4.4. 11.4.5 and 11.5;
I 1.6.2.5. the amount of credit to be allowed by CON-
TRACTOR to OWNER Cor any change which results in a
net decrease in cost will be the amount of the actual net
dec:re:ase in cost plus a deduction in CONTRACTOR's fee
by an amount equal to five perc:ent of such net dcacase;
and
11.6.2.6. when bolh additions and credits arc involved
in anyone change. the adjustment in CONTRACTOR's
fee shall be computed on the basis oC the net change in
accordance with paragraphs 11.6.2.1 through 11.6.2.5.
inclusive.
11.7. Whenever the cost of any Work is to be detennined
pursuant to paragraphs 11.4 and 11.5. CONTRACI'OR wiD
establish and maintain records then:of in accordance with
gencnally accepted acc:ounting pnu:ticcs and submit in Corm
accepcable to ENGINEER an itemized cost breakdown ~
sether wirlt supporting data.
34
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CaJa Allowances:
.
11.8. It is understood that CONTRACIOR has'included in
the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be fur-
nished and performed for such sums as may be acceptable to
OWNER and ENGINEER. CONTRACTOR agrees that:
11.8.1. the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of materials and
equipment required by the allowances to be delivered at the
site, and all applicable taxes; and
11.8.2. CONTRAcroR's costs for unloading and han.
dling on the site, labor. installation costs. overhead. profit
and other expenses contemplated for the allowances have
been included in the Contract Price and not in the allowances
and no demand for additional payment on account of any of
the foregoing will be valid.
~or to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reftect actual
amounts due CONTRACTOR on account of Work covered by
allowances, and the Contract Price shall be correspondingly
adjusted.
11.'. Unit Price Woli:: '
)
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work. initially the
Contract Price Will be deemed to include for all Unit Price
Work an amount eqiJal to the sum of the established unit
price for each separately identified item of Unit Price Work
times the estimated quantity of each item as indicated in the
Agreement. The estimated quantities of items of Unit Price
Work are not guaranteed and are solely for the purpose of
comparison of Bids and detennining an initial Contract
Price. Determinations of the actual quantities and classifica-
, lions of Unit Price Work performed by CONTRACTOR w1ll
be made by ENGINEER in accordance with paragnlph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR's overhead and profit for each sepa-
~Iyidentifiedi~.
11.9.3. OWNER or CONTRACTOR may make a claim
for an adjustment in,the Contr2Ct Price in accordance with
Article II if:
11.9.3.1. the quantity of any item of Unit Price Work
pcrfonned by CONTRACTOR ctiff'ers ma~ly and sig-
nificantly from the estimated quantity of such item indi-
cated in the Agreement; and
.J
11.9.3.2. there is no corTCSpOnding adjusunent with
respect to any other item of Work: and
11.9.3.3. ifCONTRAClOR believes that CONTRAC-
TOR is entitled to'an increase in Contr2Ct Price as a result
.......
e
of having incurred additional expense or OWNER be-
lieves that OWNER is entitled to a decrease in Contract
Price and the panies are unable to agree as to the amount
of any such incre:1Se or decrease.
ARTICLE 12~HANGE OF CONTRAcr TIMES
12.1. The Contract Tunes (or Milestones) may only be
changed by a Change Order or a Written AmendmenL Any
claim for an adjustment of the Contract Tunes (or MIlestones)
shall be based on written notice delivered by the party making
the claim to the other pany and to ENGINEER promptly (but
in no event later than thirty days) after the occurrence of the
event giving rise to the claim and stating the general nature of
the claim. Notice of the extent of the claim with supporting
data shall be delivered within sixty days after such oc:c:urrence
(unless ENGINEER allows an additional period of time to
ascertain more accurate data in support of the claim) and shall
be accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of the
occurrence of said event. All claims for adj~ent in the
Contract Times (or Milestones) shall be detennined by ENGI-
NEER in accordance with paragraph 9.11 if OWNER and
CONTRACTOR ?Mot otherwise agree. No claim for an
adjustment in the ContnlCt Times (or Milestones) will be valid
if' not submitted in aa:ordance with the requirements of this
paragraph 12.1.
12.2. All time limits stated in the Contract Documents are
of the essence of the Agreement.
12.3. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of CONTRAC-
TOR. the Contract Times (or MIlestones) WIll be extended in an
amount equal to the lime lost due to such delav if' a claim is
made therefor as provided in paragraph 12.1. Dctays beyond
the control ofCONTRACIOR. shall include. but not be limited
to. acuor neglect by OWNER. acts or neglect of utility owners
or other contractors performing other work as contemplated by
Article 7. fires. ftoods. epidemics. abnormal .wC3lher condi-
tions or acts of God. Delays ann"butable to and within the
control of a Subcontractor or Supplier sball be deemed to be
delays within the control of CONTRACI'OR.
12.4. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the ConD"3Ct Tunes (or
Milestones) due to delay beyond the control of both OWNER
and CONTRAC'IOR. an extension of the Contract Tunes (or
Milestones) in an amount equal to the time lost due to such
delay shall be CONTRACTOR's sole and exclusive remedy for
such delay. In no event shall OWNER be liable to CONTRAC-
TOR. any Subcontractor. any Supplier. any other person or
organization. or to any surety for or employee or agent of any
of them. for damages arising out of or resulting from (i) delays
caused by or within the control of CONTRACrOR. or (ii)
35
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delays beyond the conuol of both panies including but not
limited to fires. ftoods. epidemics. abnormal weather condi-
Jions, acts of God or acts or neglect by utility owners or
other contractors performing other work as contemplated by
Article i.
ARTICLE I3-TESTS AND INSPECI10NS;
CORRECI10N,REMOVALOR
ACCEPTANCE OF DEFECI1VE WORK
13.1. Notice of Defects: Prompt notice of all defective
Work of which OWNER or ENGINEER have actual knowl-
edge will be given to CONTRACTOR. All defective Work
may be rejected, corrected or accepted as provided in this
Article 13.
Ac:cm ID Work:
)
13.2. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER. independent
testing laboratories and governmental agencies with jurisdic.
tional interests will have access to the Work at reasonable times
for their observation, inspecting and testing. CO~R
shall provide them proper and safe conditions for such access
and advise them of CONTRACTOR's site safety procedures
and programs so that they may comply therewith as applicable.
T~ fllIIlllISpCdUJlU:
13.3. CONTRACTOR shall give ENGINEER timely ne>
tice of readiness of the Work for all requirccl. inspections, tests
or approvals. and shall cooperolte with inspection and testing
personnel to facilitate required i~-pections or tests.
13.4. OWNER shall employ and pay for the services of an
independent testing laboratory to perform all inspections. tests,
or approvals required by the Contract Documents except:
13.4.1. for inspections, tests or approvals covered by
paragraph 13.5 below;
13.4.2. that costs incurred in connection with tests or
inspections conducted pursuant to paragraph 13.9 below
shaD be paid as provided in said paragraph 13.9; and
J3.4.3. as otherwise specifically provided in the Con-
tract Documents. .
)
13.5. If Laws or Regulations of any public body having
jurisdiction require any Work (or pan thereof) specifically to be
inspected. tested or approved by an CIJl1'loyce or other repre-
sentative of such public body, CONTRACTOR shall assume
run responsibility for arranging and Qbtaining SUCh inspccUons,
tests or approvals, pay all costs in COMec8an thcn:with. and
furnish ENGINEER the required certificates of inspection. or
.....
e
appro\oaJ. CONTRACTOR shall also be responsible for arrang-
ing and obtaining and shall pay all costs in connection with any
inspections, tests or approvals required for OWNER's and
ENGINEER's acceptance of materials or equipment to be
incorpor.1ted in the Work, or of materials, mix designs, or
equipment submitted for approval prior to CONTRACTOR's
purchase thereof for incorporation in the Work.
13.6. If any Work (or the work of others) that is to be
inspected, tested or approved is covered by CONTRACIOR
without wriaen concurrence of ENGINEER, it must, if re-
quested by ENGINEER, be uncovered for observation.
13.7. Uncovering Work as provided in paragraph 13.6 shall
be at CONTRACIOR's expense unless CONTRACTOR bas
given ENGINEER timely notice of CONTRACI'OR's inten-
tion to cover the same and ENGINEER has not acted with
. reasonable promptness in response to such notice.
Uru:overing Work:
13.8. If any Work is covered contrary to the written request
of ENGINEER, it must, if requested by ENGINEER, be
uncovered for ENGINEER's observation and replaced at
CONTRACI'OR's expense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACIOR, at ENGlNJ;ER's re-
quest, shaD uncover, expose or otherwise make available for
observation, inspection or testing as ENGINEER may require,
that ponion of the Work in question, furnishing all necessary
labor. material and equipmenL If it is found that such Work is
d~f~clive, CONTRACI'OR shall pay all claims. costs, losses
and damages caused by, arising out of or resulting from such
uncovering, exposure, observation, inspection and testing and
of satisfactory replacement or reconstruction (including but not
limited to all costs of repair or replacement of work of others);
and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and. if the parties are unable to agree as to the
amount thereof, may make a claim therefor as provided in
Article II. If, however, such Work is not found to be d~f~cti~'e.
CONTRACTOR shall be allowed an increase in the Contract
Price or an extension of the Contract Times (or Milestones), or
both, directly ann"butable to such uncovering, exposure, ob-
servation, inspection, testing, replacement and .reconstruction;
and. if the panies are unable to agree as to the amount or extent
thereof, CONTRACI'OR may make a claim therefor as pro-
vided in Articles 11 and 12.
OWNER May SIDp the Work:
13.10. If the Work is def~clive, or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials or equip-
ment, or fails to furnish or perform the Work in such a way that
the completed Work will conform to the Contract Documents.
OWNER may order CONTRACTOR to stop the Work, or any
portion thereof, until the cause for such order has been
eliminated; however, this right of OWNER to stop the Work
.36
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shall not give rise to any duty on the part of OWNER to
exercise this right for the benefit of CONTRACI"OR or any
varety or other party.
Com:ctiDn or RelflDVtll of Defeaive Work:.
13.11. If required by ENGINEER, CONTRACTOR shall
promptly, as directed, either correct all defective Work, whether
or not fabricated, installed or completed, or, if the Work has
been rejected by ENGINEER. remove it from the site and
replace it with Work that is not defective. CONTRAcroR shall
pay all claims, costs, losses and damages caused by or resulting
from such correction or removal (including but not limited to all
costs of repair or replacement of work of others).
13.I2. CorreaiDn Period:
)
13.12.1. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scnDed by Laws or Regulations or by the tenns of any
applicable special guarantee required by the Contr.ICt Doc-
uments or by any specific provision of the ContnlCt Docu-
ments, any Work is found to be defective, CONTRACI"OR
shall promptly, without cost to OWNER and in accordance
with OWNER's written iasuuctions: (i) correct such defec-
. rive Work, or, if it has been rejected by OWNER, remove it
from the site and replace it with Work that is not defective,
and (ii) satisfactorily correct or remove and replace any
damage to other Work or the work of others resulting
therefrom. If CONTRACTOR does not promptly comply
with the tenns of such ins~ctions, or in an emergency
.where delay would cause serious risk of loss or damage,
OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all claims, costs,
losses and damages caused by or resulting from such re-
moval and replacement (including but not limited to all costS
of repair or replacement of work of others) wi]] be paid by
CONTRACTOR.
13.12.2. In special cin::umstances where a particular item
of equipment is placed in continuous service before Substan-
baI Completion of all the Work. the correction period for that
item may start to run from an earlier date if so provided in
the Specifications or by Written Amendment.
13.12.3. Where defective Work (and datisagc to other
Work resulting therefrom) has been corrected, removed or
replaced under this paragraph 13.12. ~e correction period
hereunder with respect to such Work will be extended for an
additional period of. one y~ after such correction or re-
moval and replacement has been satisfactonly completed.
Acapaznce 0/ Defet:live Work:
,J
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13.13. If, instead of requiring correction or removal and
replacement of defective Work. OWNER (and, prior to ENGI-
NEER's recommendation of final payment. also ENGINEER)
prefen; to accept it, OWNER may do so. CONTRACroR shall
e
pay all claims. costs, losses and damages attn"burable to
OWNER's evaluation of and detennination to accept such
d~f~ctive Work (such costs to be approved by ENGINEER as
to r=sonableness). If any such acceptance occurs prior to
ENGINEER's recommendation of final payment. a Change
Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work; and OWNER
shall be entitled to an appropriate decrease in the Contract
Price, and, if the parties arc unable to agree as to the amount
thereof, OWNER may make a claim therefor as provided in
Article II. If the acceptance occurs after such recommenda-
tion, an appropriate amount wm be paid by CONTRACI"OR to
OWNER.
OWNER MiIJ Com:ct Defective Work:
13.14. If CONTRACTOR falls within a reasonable time
after written notice from ENGINEER to correct d~fectiv~
Work or to remove and replace rejected Work as required by
ENGINEER in accordance with paragraph 13.11, or if CON-
TRACTOR falls to perfonn the Work in accordance with the
Contract Documents, or if CONTRACI'OR fails to comply
with any other provision of the Contract Documents, OWNER
may, after seven d.ays' written notice to CONTRACIPR,
corTCCt and remedy any such deficiency. In exercising the
rights and remedies under this paragraph OWNER shall p~
cc:d ex~ditiously. In coMcction with such corrective and
remedial action, OWNER may exclude CON1'RACI"OR from
all or pan of the site, take possession of all or pan of the Wo"""
and suspend CONTRACTOR's services related theretQ, take
possession of CONTRACTOR's tools, appliances, constnJc.
tion equipment and machinery at the site and incorporate in the
Work all materials and equipment stored at the site or for which
OWNER has paid CONTRACTOR but which are stored
elsewhere. CONTRACTOR shall allow OWNER. OWNER's
representatives, agents and employees, OWNER's other con-
tractors and ENGINEER and ENGINEER's Consultants ac-
c::ss to the site to enable OWNER to exercise the rights and
remedies under this paragraph. All claims, costs, losses and
damages incurred or sustained by OWNER in exercising such
rights and remedies WIll be charged against CONTRACI'OR
and a Change Order WIll be issued incorporating the ncc:ssary
revisions in the ContraCt Documents with respect to the Work;
and OWNER shall be entitled to an appropriate decrease in the
ContnlCt Price, and, if the parties are unable to agree as to the
amount thereof, OWNER may make a claim therefor as
provided in Anic1e 11. Such claims, costs, losses and damages
WIll include but not be limited to all costs of repair or replace-
ment of worle of others destroyed or damaged by correction.
removal or replacement of CONTRACI"OR's defective Work.
CONTRACTOR shall not be allowed an extension of the
ContnlCt Tsmes (or Mllestoocs) because of any delay in the
perfonnanceofthe WorkaUn"bu~le to the exercise by OWNER
of OWNER's rights and remedies hereunder.
ARTICLE I4-PAYMENiS TO CON1'RACI"OR AND
COMPLETION
S~ o/ValuG:
14.1, The schedule of values established as provided in
paragraph 2.9 wm serve as the basis for progress payments and
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wJ1/ be incorporated into a fonn of Application for Payment
acceptable to ENGINEER. Progress payments on account of
-Unit Price Work will be based on the number of units com-
pleted.
AppliazJio" jor Progras PtlJ1Mnt:
14.2. At least twenty days before the date established for
each progress payment (but not more often than once a
month), CONTRAcroR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the date
of the Application and accompanied by such supponing
documentation as is required by the Contract Documents. If
payment is requested on the basis of materials and equip-
ment not incorporated in the Work bu~ delivered and suitably
stored at the site or at another location agreed to in writing,
the Application for Payment shall also be accompanied by a
bill of sale, invoice or other documentation warranting that
OWNER has received the materials and equipment free and
clear of all Liens and evidence that the materials and
equipment are covered by appropriate propeny insumnce
and other arrangements to protect OWNER's interest therein.
all of which will be satisfactory to OWNER. The amount of
retainage with respect to progress payments will be as
stipulated in the Agreement.
.-)
CONTRACTOR's WCImZIItJ ojT~:
14.3. CONTRAcroR warrants and guarantees that title to
all Work. materials and equipment covered by any Application
for Payment. whether incorporaled in the Project or not. will
pass to OWNER no later than the time of payment free and
clear of all Liens.
Rniew oj ApplU:lllions lor Progrm PtzyrMnt:
14.4. ENGINEER will. within ten days after receipt of
each Application for Payment. either indic:ale in writing a
ra:ommenclation of payment and present the Application to
OWNER. or return the 'Application to CONTRAcroR indi-
cating in writing ENGlNEER's reasons for refusing to recom-
mend payment. In the latter case. CONTRACTOR may make
the necessary cOrrections and resubmit the Application. Ten
days after presentation of the Application for Payment to
OWNER with ENGINEER's reconunendation. the amount
recommended will (subject to the provisions of the last sen-
tence of pr.. -agraph 14.7) become due and when due will be paid
by OWNER to CONTRACTOR.
)
..~....
14.5. ENGINEER's reconunendation of any payment re-
quested in an Application for Payment will constitute a repre-
sentation by ENGINEER to OWNER. based on ENGINEER's
on-site observations of the executed Work as an experienced
and qualified design professional and on ENGINEER's review
of the Application for Payment and the accompanying data and
schedules. that to the best of ENGINEER's knowledge. infor.
mation and belief:
....;.:
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14..5.1. the Work has progressed to the point indiClted.
14..5.2. the quality of the Work is generally in accor-
dance with the Contract Documents (subject to an evalu-
ation of the Worle as 3 functioning whole prior to or upon
Substantial Completion. to the results of any subsequent
tests called for in the Contract Documents. to a final
determination of quantities and classifications for Unit
Price Work under paragraph 9.10, and to any other quali-
fications stated in the recommendation). and
14.5.3. the conditions precedent to CONTRAcroR's
being entitled to such payment appear to have be:n
fulfilled in so far as it is ENGINEER's responsibility to
observe the Work.
However. by recommending any such payment ENGINEER
will not thereby be deemed to have represented that: (i)
exhaustive or continuous on-site inspections have been made
to check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to ENGINEER in the
Contract Documents or (ii) that there may not be other matters
or issues between the parties that might entitle CONTRAC-
TOR to be paid additionally by OWNER or entitle OWNER to
withhold payment to CONTRACTOR.
14.6. ENGINEER's recommendation of any payment, in-
cluding final payment. shall not mean that ENGINEER is
responsible forCONTRAC'IOR's means. methods. techniques.
sequences or procedures of construction. or the safety precau-
tions and programs incident thereto. or for any ra..lure of
CON1'RACTOR to comply with Laws and Regulations appli-
cable to the furnishing or performance of Work. or for any
f811ure of CONTRACTOR to perfonn or furnish Work in
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the whole or
any part of any payment if. in ENGINEER's opinion. it would
be incorrect to make the representations to OWNER referred
to in paragraph 14..5. ENGINEER may also refuse to recom-
mend any such payment. or. because of subsequently discov-
ered evidence or the results of subsequent inspections or tests.
nullify any such payment previously recommended. to. such
extent as may be necessary in ENGINEER's opinion to
protect OWNER from loss becwse:
14.7.1. the Work is thf~ctill~, or completed Work has
been damaged requiring correction or replacement.
14.7.2. the Contract Price has been reduced by Writ-
ten Amendment or Change Order.
14.7.3. OWNER has been required to correct d~f~c'
lill~ Worle or complete Work in accordance with paragraph
13.14. or
14.7.4. ENGINEER has actual knowledge of the oc-
currence of any of the events enumerated in paragraphs
15.1.1 through 15.2.4 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER bec:wse:
14.7.5. claims have been made against OWNER on
account of CONTRAC'IORs performance or furnishing of
the Work.
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14.i.6. Liens have been filed in connection with the
· Work. except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens.
14.7.7. there are other items entitling OWNER to a
set-off" against the amount recommended. or
14.7.8. OWNER has actual knowledge of the occur-
rence of any of the events enumerated' in paragraphs
14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4
inclusive;
but OWNER must give CONTRACTOR immediate written
notice (with a copy to ENGINEER) stating the reasons for
such action and promptly pay CONTRACTOR the 'amount so
withheld. or any adjustment thereto.agreed to by OWNER and
CONTRACTOR. when CONTRACTOR corrects to OWN-
ER's satisfaction the reasons for such action.
SubJtDnli4l CDmpleriDJr. '
)
14.8. When CONTRAcroR considers the entire Work
ready forits intended use CONTRACTOR shall notify OWNER
and ENGINEER in writing that the entire Work is substantially
. complete (except for items specifically listed by CONTRAC-
lOR as incomplete) and request that ENGINEER issue a
certificate of Substantial Completion. Within a reasonable time
thereafter. OWNER. CONTRACIQR and ENGINEER shall
make an inspection of the Work to detennine tbe status of
completion. If ENGINEER does not consider the Work sub-
stantially complete, ENGINEER wm notify CONTRACTOR
in writing giving the reasons therefor. If ENGINEER considers
the Work substantially complete. ENGINEER will prepare and
deliver to OWNER a tentative certificate of Substantial Com-
pletion which shall fix the date of Substantial Completion.
There shall be attached to the certificate a tentative list of items
to be completed or corrected before final paymenL OWNER
shall have seven days after receipt of the tenfative c:ertific:atc
during which to make wrinen objection to ENGINEER as to
any provisions of the certificate or attached lisL If. after
considering such objections, ENGINEER concludes that the
Work. is not substantially complete, ENGINEER will within
fourteen davs after submission of the tentative certifiC1te to
OWNER. n~tify CONTRAC'IOR in writing, stating the reasons
therefor. 1f, after consideration of OWNER.'$ objections. EN-
GUoIEER. considers the Work substantially complete, ENGI-
NEER will within said .fourteen days execute arid deliver to
OWNER. and CONTRACTOR a definitive certiiic:ate of Sub-
stantial Completion (with a revised tentative list of itemS to be
completed or corrected) re.ftecting such changes from ihe
tentative certificate as ENGINEER believes justified after
considerabon of any obji:ctions from OWNER. At the time of
. delivery of the tentative' certific::ue of'Substantial Completion
ENGINEER wJ11 deliver to OWNER and CONTRACTOR a
written recommenclalion as to division of responsibilities pend.
iag final payment between OWNER and CONTRACTOR with
resped to security, operation, safety, ~ntenance. heaL uuli-
ries, il1SW2Dce and wamnties and guarantees. Unless OWNER
and CONTRACTOR agree otherwise in writing and so inConn
)
.,.-.
e
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificate of Substantial Completion. ENGINEER's
aforesaid recommendation will be binding on OWNER and
CONTRACTOR until final payment.
14.9. OWNER shall have the right to c:(clude CONTRAC-
TOR from the Work after the date of Substantial Completion,
but OWNER shall allow CONTRACI'OR rc:1Sonable access to
complete or COlT'ect items on the tentative list.
PorriDl U tiJi:zJuion:
14.10. Use by OWNER at OWNER's option of any sub-
stantially completed pan of the Work which: (i) has specifically
been identified in the Contr.lct Documents, or (ii) OWNER,
ENGINEER and CONTRACTOR agree constitutes a sepa-
rately functioning and usable part of the Work that can be used
by OWNER for its intended purpose without signific::mt inter-
ference with CONTRACI'OR's performance of the remainder
of the Work, may be accomplished prior to Substantial Com-
pletion of all the Work subject to the following:
14.10.1. OWNER' at any time may request CON-
TRACTOR in writing to pennit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. I! CON-
TRACTOR agrees that such part of the Work is substan-
tially complete, CONTRACTOR wnJ certify to OWNER
and ENGINEER that such part of the Work is substan-
tially complete and request ENGINEER to issue a ccnif'-
icate of Subswnial Completion for that part of the Work.
CONTRACTOR at any time may notify OWNER. and
ENGINEER in writing that CONTRACI'OR considers
any such part of the Work ready for its intended use and
substantially complete and request ENGINEER to issue a
certific:ar:e of Subst:mtial Completion for that part of the
Work. Within a reasonable time after either such request.
OWNER. CONTRACTOR and ENGINEER. shall make
an inspection of that part of the Work to detennine its
status of completion. If ENGINEER docs not c:onsider
that part of the Work to' be substantially complete, ENGI-
NEER ",'111 notify OWNER and CONTRACI'OR in writ-
ing giving the reasons therefor. If ENGINEER considers
that pan of the Work to be substantially complete, the
provisions of par.1gr.lphs 14.8 and 14.9 will apply with
respect to certification of Substantial Completion of that
part of the Work. and the division of responsibility in
respect thereof and access thereto.
14. IO.~. No occupancy or separ.1te operation of part
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in respect of property
insur.uu:e.
FUuzllnspectiDn:
14.11. Upon written notice from CONTRACTOR that the
entire Work. or an agreed portion thereof is complete. ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR .and will notify CONTRACTOR in writing of aU
39
paniculars in which this inspcct~vc.:l.ls that the Work is
incomplete or d~f~clive. CO~cToR shall immediately
take such measures as are n=:essary to complete such Work or
remedy such deficiencies.
.
FinDl Appli.cllliDn for Paymenl:
.)
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered in
accordance with the Contract Documents all maintenance and
oper.uing instructions. schedules. guarantees. Bonds. certifi-
cates or other evidence of insurance required by parugraph 5.4.
certificates of inspection. marked-up record documents (as
provided in panlg1"aph 6.19) and other documents. CONTRAC-
TOR may make application for final payment following the
procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously delivered)
by: (i) all documentation called for in the Contract Documents.
including but not limited to the evidence of insurance required
by subparagraph 5.4.13. (ii) consent of the surety, ifany. to final
payment. and (iii) complete and legaJly effective releases or
waivers (satisfactory to OWNER) of all Liens arising out of or
filed in connection with the Work. In lieu of such releases or
waivers of Liens and as approved by OWNER. CONTRAC-
lOR may furnish receipts or releases in full and an affidavit of
CONTRACI'OR that: (i) the releases and receipts include all
labor. services. material and equipment for which a Lien could
be filed, and (ii) all payrolls. material and equipment bills and
other indebtedness connected with the Work forwhich OWNER
or OWNER's propeny might in any way be responsible have,
been paid or otherwise satisfied. If any Subcontr.1ctor or
Supplier fails to furnish such a release or receipt in full.
CONTRACTOR may furnish a Bond or other collateral satis-
factory to OWNER to indemnify OWNER against any Lien.
FinIIl Payment tDUl Acuplll1rCe:
,-)
14.13. If. on the basis of ENGINEER's observation of the
Work during construction and final inspection. and ENGI-
NEER's review of the final' Application for Payment and
accompanying documentation as required by the Contr.1Ct
Documents. ENGINEER is satisfied that the Work has been
completed and CONTRACTOR's other obligations under the
Contract Documen~ have been fulfilled. ENGINEER will.
within ten days after receipt of the final Applic::uion for
Payment, indiClle in writing ENGINEER's recommendation
of payment and present the Appli~on to OWNER for pay-
menL At the same time ENGINEER will also give written
notice to OWNER, and CONTRACTOR that the Work is
acceptable subject to the provisions of panlgraph 14.15. Oth-
erwise, ENGINEER will return the Application to. CON..
TRACTOR. indicating in writing the reasons for refusing. to
recommend final payment, in which case CONTRACTOR shall
make the necessary com:ctions and resubmit the AppliQtion.
Thiny days after the presentation to OWNER of the Applica-.
tion and accompanying documentation. in appropriate form
and substance and with ENGINEER's recommendation and
notice of acceptability. the amount recommended by ENGI-
NEER will become due and will be paid by OWNER to
CONTRACTOe
14.14. If, through no f:lult of CONTRACTOR. final com-
pletion of the Work is signific:1l1tly delayed and if ENGINEER
so confirms. OWNER shall. upon receipt of CONTRACTOR's
final Application for Payment and recommendation of ENGI-
NEER. and without terminating the Agreement. m:1ke pay-
ment of the balance due for that poni"n of the W"rk fully
completed and accepted. If the remaining balance to be held by
OWNER for Work not fully completed or corrected is less than
the retainagc stipulated in the Agreement. and if Bonds have
been furnished as required in paragmph S.I. the written con-
sent of the surety to the payment of the balance due for that
ponion of the Work fully completed and accepted shall be
submitted by CONTRAcroR to ENGINEER with the Appli-
cation for such paymenL Such payment shall be made under
the terms and conditions governing final payment. except that
it shall not constitute a waiver of claims.
WaiVG" of CUzims:
14.15. The making and acceptance of final payment will
constitute:
14.15.1. a waiver of all claims by OWNER against
CONTRACTO~. except claims arising from unsettled Liens.
from d~f~clive Work apPe:J.ring after final inspection pursu-
ant to paragraph 14.11. from failure to comply with the
Contract Documents or the terms of any sp=:ial guamntces
specified therein. or from CONTRACTOR's continuing ob-
ligations under the ConU':1ct Documents: and
14.15.2. a waiver of all claims by CONTRACTOR against
OWNER other than those previously made in writing and
sull unsettled.
ARTICLE IS-SUSPENSION OF WORK AND
TERMINATION
OWNER MIZ] Suspend Worlc:
IS.I. At any time and without cause. OWNER may sus-
pend the Work or any ponion thereof for a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the dare on which Work will be
resumed. CONTRACTOR shall resume the Work on the dare
so fixed. CONTRACTOR shall be allowed an adjustment in the:
ConU':1ct Price or an extension of the Contract Times. or both.
ditcc:t1y attnbutable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in Anicles II
and 12.
OWNER .Kay T~rmi1uzu:
IS.!. Upon the occurrence of anyone or more of the
following events:
oW
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15.2.1. if CONTRACl"OR persistently f:lils to perform
. the Work in accordance with the Contr:1ct Documents (in-
cluding. but not limited to. failure to supply sufficient sk11led
workers or suitable nmteri:lls or equipment or f:lllure to
adhere to the progress schedule est:1blished under par.1gr.lph
2.9 as adjusted from time to time pursU:lllt to pangr:1ph 6.6):
/5.2.2. if CONTRACTOR disreg:mls l:1ws or Regul:1-
tions of any public body having jurisdiction:
15.2.2. . if CONTRACIOR disregards the authority of
ENGINEER; or
15.2.4. irCONTRACTOR otherwise violates in any sub-
stantial way any provisions of the Contract Documents;
)
OWNER may. after giving CONTRACTOR (:lnd the surety.
if any,) seven days' written notice and to the extent permit-
red by Laws and Regulations. terminate the services of
CONTRAcroR. exclude CONTRACTOR from the site and
take possession of the Work and of all CONTRACTOR's
tools. appliances. construction equipment and machinery at
the site and use the same to the full extent they could be used
by CONTRAcroR (without liability to CONTRACTOR for
trespass or conversion). incorporate in the Work all materi-
als and equipment stored at the site or for which OWNER
has paid CONTRAcroR but which are stored elsewhere.
and finish the Work as OWNER may deem expedienL In
such case CONTRACTOR shall not be entitled to receive
any further payment unul the Work is finished. If the unpaid
balance of the Contract Price exceeds all claims. costs.
losses and damages sustained by OWNER arising out of or
resulting from completing the Work such excess will be paid
to CONTRAcroR. If such claims. costs. losses and dam-
ages exceed such unpaid balance. CONTRACTOR shall pay
the difference to OWNER. Such claims. costs. losses and
damages incurred by OWNER WIll be reviewed by ENGI-
NEER. as to their 1'C3S0nablencss and when so approved by
.ENG1NEER incorporated in a Change Order. provided that
when exercising any rights or remedies under this pat':lgI'aph
OWNER. shall not be required to obtain the towest price for
the Work performed., .
1.5.3. Where CONTRACTOR's services hllve been so ter-
minated by OWNER. the termination WIll not :1ft"cct any rights
or remedies of OWNER against CONTRACTOR then existing
or which may thereafter accrue. Any retention or payment of
moneys due CONTRACIOR by OWNER will not release
CONTRACI"OR from'liability.
15.4. Upon seven days' written notice to CONTRACIOR
and ENGINEER. OWNER may. without ClUSC and without
prejudic: to :my other right or remedy of OWNER. elect to
terminate the Agreement. In such case. CONTRACTOR shall
be paid (without duplic:uion of any items):
-)
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15.4.1. for completed and acceplable Work ex~ted in
acc:ordanc: with the Contr.lct Documents prior to the effec-
tive date of termination. including (air and rc:1$Onable sums
for overhcnd and profit on such Work:
e
15.4.2. for expenses sust:l.ined prior to the effective date
of tennin:uion in perfonning services and furnishing labor.
materials ur equipment as required by the Contract Docu-
ments in connection with uncompleted Work. plus fair and
rc:1Sonable sums for overhead and profit on such expenses;
15.4.3. for all claims. costs. losses :md damages inc:um:d
in settlement of terminated contr.lCts with Subcontractors.
Suppliers :lnd others: :md
15.4.4. for reasonable expenses directly attnbutable to
termination.
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss arising
out of or resulting from such termination.
CONTRACTOR May Stop Work or T~:
15.5. . If. through no act or fault of CONTRACI'OR. the
Work is suspended for a period of more than ninely days by
OWNER or under an order of co un or other public author-
ity. or ENGINEER fails to act on any Application for
P:lyment within thiny days after it is submitted or OWNER
fails for thiny days to pay CONTRACTOR any sum finally
determined to be due. then CON1'RACTOR may. upon
seven days' written notice to OWNER and ENGINEER.
and provided OWNER or ENGINEER do not remedy such
suspension or failure within that time. terminate the Agrc:-
ment and recover from OWNER payment on the same terms
as provided in paragraph 15.4. In lieu of terminating th:
Agreement and without prejudice to any other right or
remedy. if ENGINEER has failed to act on an Application
for Payment within thiny days after it is submined. or
OWNER has failed for thirty days to pay CONTRACTOR
any sum finally determined to be due. CONTRACTOR. may
upon seven day's written notice to OWNER and ENGI-
NEER stop the Work until payment of all such amounts due
CONTR....CTOR. including interest thereon. The provisions
of this paiagraph 15..5 arc not intended to preclude CON-
TRACTOR from making claim under Anicles 11 and 12 for
an incrc:1Se in Contr:lct Price or Contract Times or otherwise
foi" expenses or damage dircctly anributable to CONTRAC-
TOR's stopping Work as permitted by this paragraph.
ARTICLE I6-DlSPUTE RESOLUTION
If and to the extent that OWNER and CONTRACIOR have
agreed on the method and proc:--dure for resolving disputes
between them that may arise under this Agreement. such
dispute resolution method and procedure. if any. shall be as set
forth in E.'tbibit GC.A. '.Dispure Resolution Agrc::menL" to be
attached hereto and made a pan hereof. If no such agr=ment
. on the method and procedure for resolving such disputes has
been I'C1ched. and subject to the provisions or paragraphs 9.10.
9.11. and 9.1:!. OWNER and CONTRACI'OR may cxe:cise
41
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such rights or remedies as either may othc:rwisc: have under the
Contr.ICt Documents or by Laws or Regulations in respect of
.;rty dispute.
ARTICLE 17-MISCELl.ANEOUS
Giving Notia:
17.1. Whenever any provision of the Conlr.lCt Ooc:ume:nts
requires the: giving of written notice, it WIll be: deemed to have
bc::n validly given if delivcrc:d in person to the individual or to
a member of the firm or to an officer of the corporation for
whom it is intended, or if delivered at or sent by rc:gistercd or
cenified mall, postage prepaid, to the last business address
known to the giver of the DOtice.
CDltlpIlllZliDn 0/ TUnG:
17.2.1. When any period of time is rc:fem:d to in the
Contr2Ct Documents by days, it WIll be computed to exclude
. the first and include tlie last day of such period. If the last day
of any such period faIls on a Saturday or Sunday or on a day
made a 1c:gaJ boliday by the law of the applicable: jurisdiction.
such day WIll be omitted from the computation.
17.2.2. A calendar day of twenty-four bours measured
from midnight to the next midnight WIll constitute a day.
)
Notia ofC1llim:
17.3. Should OWNER or CONTRACTOR suffer injury or
damage to person or property because of any engr. omission or
e
act of the other pany or of any of the other party's employc:s
or agents or others for whose acts the other pany is legally
liable, claim will be made in writing to the other party within a
n::1Sonable time of the first observance of such injury or
damage. The provisions of this paragraph 17.3 shall not be
construed as a substitute for or a waiver of the provisions of
any applicable statUte of limitations or repose.
CumuJ.aznc R.nudic:
17.4. The duties and obligations imposed by thc:sc: Gc:nc::al
Conditions and the rights and remedies available hereunder to
the parties hereto, and. in particular but without limitalion. the
warranties, guaranlCCS and obligations imposed upon CON-
TRACroR by paragraphs 6.12. 6.16. 6.30. 6.31. 6.32. 13.1.
13.12, 13.14. 14.3 and 15.2 and all of the rights and remedies
available to OWNER and ENGINEER thereunder. are in
addition to, and are not to be construed in any way as a
limitation of. any rights and remedies avaJlable to any or all of
them which are otherwise imposed or aV8J1able by Laws or
Regularions, by special warranty or guarantee or by other
provisions of the Contr'a!=t Documents. and the provisions of
this paragraph WIll be as effcctive as if repealed specifically in
the Contract Documents in connection with each particular
duty, obligation, right and remedy to which they apply.
ProfusiDNIl Feu II1Id Cow CDm InclJuls/:
17.5. Whenever n:fc:n:nce is made to "claims, costs. losses
and damages:' it shall include in each case. but not be limited
to, all fees and charges of engineCf$. architects. auomc:ys and
other professionals and all court or arbitration or other dispute
resolution costs.
lThe remainder or this page: was left blank intentionally.]
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SUPPLEMENTARY CONDITIONS OF THE AGREEMENT
CLP Project No. 98-4503
SC-1 PRECEDENCE: These supplementary conditions of the Agreement are a
supplement and where in conflict, they take precedence over the General Conditions of
the Agreement of this Specification.
SC-2 OWNER/ENGINEER: The word "OWNER" in these Specifications shall be
understood as referring to the City of La Porte, Texas. The word "ENGINEER" in these
Specifications shall be understood as referring to the City Engineer for the City of La
Porte, Texas.
SC-3 SCOPE OF WORK: The work to be performed under this contract consists of
furnishing all materials, labor, supervision, tools, and equipment necessary to complete
the work.
SC-4 SEQUENCE OF WORK: All work covered by this Contract shall be completed
within the number of calendar days designated by the Contractor in the Bid Proposal.
SC-5 TIME OF COMPLETION: The CONTRACTOR shall complete the work as
provided in the Contract Documents and within the time limitations described in
paragraph SC-4, Sequence of Work, unless otherwise stipulated to proceed. Calendar
days shall be computed beginning and inclusive of the first day of the Notice to
Proceed. CONTRACTORS shall notify OWNER in writing 48 hours prior to start of
construction. The time of completion shall include delivery time of all equipment and
materials required to complete the work in conformance with the Drawings and
Specifications.
SC-6 LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed between the
parties hereto that time is of the essence of this Contract, and that for each calendar
day of delay beyond the completion date (after due allowance for such extension of time
as provided herein) the CONTRACTOR shall pay the OWNER as liquidated damages
the sum of one hundred dollars ($100.00), it being understood between the parties
hereto that such sum shall, be treated not as a penalty, but as liquidated damages for
loss of revenue to the OWNER.
SC-7 GUARANTEE: The CONTRACTOR shall furnish the OWNER with a written
guarantee on all workmanship and materials provided by him for the project. The
written guarantee shall be made out to the OWNER and in a form satisfactory to the
OWNER, guaranteeing all of the work under the Contract to be free from faulty
materials in even' particul~r, and free from faulty workmanship, and against injury from
proper and usual wear; and agreeing to replace or to re-execute without cost to the
OWNER such work as may be found to be imperfect or improper, and to make good all
damage caused to other required replacement or re-execution. The guarantee shall be
made to cover a period of one year from the date of completion of all work under this
Contract. This guarantee must be furnished to the OWNER for approval, prior to
acceptance and final payment. Neither the final certificate nor payment nor any
provision in the Contract Documents shall relieve the CONTRACTOR of the
Supplementary Conditions 1 of 10
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responsibility for neglect or faulty materials or workmanship during the period covered
by the guarantee.
SC-8 MATERIALS AND WORKMANSHIP: No material which has been used by the
CONTRACTOR. for any temporary purpose whatever is to be incorporated in the
permanent structure without written consent by the OWNER.
SC-9 SANITARY FACILITIES: The CONTRACTOR shall maintain sanitary facilities at
a location satisfactory to the OWNER, for use by the employees of the
CONTRACTORS. They shall be well ventilated, but provide proper concealment, and
shall be kept scrupulously clean at all times by the CONTRACTOR. The facilities shall
be removed and the site restored to its original condition upon the completion of the
work. All such facilities shall conform to the requirements of the state and local health
authorities, ordinance and law.
SC-10 INCONVENIENCES TO THE PUBLIC: It is declared and acknowledged intent
of these specifications that all work such as backfilling of excavations, removing forms,
repairs to roads and' drives, and clean-up or other such operations shall follow as
closely as practical to the laying or installing operations, in such a manner that the
public is not unnecessarily inconvenienced nor a hazard to public safety created. Any
specific limitation in the technical specifications referring to the control of the "follow-up"
operations, such as the minimum distance of unfilled trench allowed behind the
excavating operations, shall be strictly enforced. The OWNER or OWNER'S
representative will notify the CONTRACTOR if his forces and/or equipment are
insufficient to such a degree that the public is unnecessarily inconvenienced and/or a
hazard to the public safety is created. The CONTRACTOR, upon notification by the
OWNER or OWNER'S represe~tative shall make necessary changes to his forces
and/or equipment.
SC-11 PERMITS: Permits and licenses of a temporary nature necessary for the
prosecution of the work shall be secured and paid for by the CONTRACTOR.
Easement, right-of-way and instruments of a permanent nature shall be secured and
paid for by the OWNER. CONTRACTOR shall obtain all required permits from the City
of La Porte and any other affected agency.
SC-12 CLEAN-UP: The CONTRACTOR shall at all times keep the site and structures
or facilities thereon free from accumulations of waste material, debris or rubbish caused
by his employees or work; at the completion of the work he shall remove from the site
all his tools, surplus materials, debris, and shall leave the site and his work ''broom
clean" or the equivalent, unless otherwise noted on the drawings or specified by the
OWNER.
SC-13 OPERATIONS AND BUSINESS OF THE OWNER: It is of great importance that
the OWNER'S operations meet with a minimum of interference resulting from the work
requiring by these Contract Documents. The CONTRACTOR shall, therefore, conduct
his work in such a manner as to permit these continued operations and so as not to
interfere with the business of the OWNER. The CONTRACTOR shall use the route of
entry designated by the ENGINEER at the pre-construction meeting and restrict all his
Supplementary Conditions 2 of 10
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vehicle and personnel to this route and to the site. The blocking or hindering of traffic
will not be permitted.
SC-14 SEPARATE CONTRACTS: The OWNER reserves the right to let other
contracts inc:onnection with this work. The CONTRACTOR shall afford other
contractors reasonable
opportunity for the introduction and storage of their materials and the execution of their
work and where required, shall properly connect and coordinate his work with theirs.
SC-15 RIGHTS OF VARIOUS INTERESTS: Wherever work being done by the
OWNER'S forces or by other contractors contiguous to work covered by this contractor,
the respective rights or the various interests involved shall be established by the
OWNER or his resident inspector, to secure the completion of the various portions of
the work in general harmony. CONTRACTOR shall issue work schedules in conflicting
areas as requested by the OWNER or his resident inspector.
SC-16 STORAGE OF MATERIALS AND EQUIPMENT: Any material which has
deteriorated, become damaged or otherwise unfit for use, shall not be used in the work.
Any material or equipment must be stored at a location directed by the ENGINEER at
the pre-construction meeting. Upon completion of all work, or when directed by the
OWNER, the CONTRACTOR shall remove such storage facilities or equipment form the
site. '
SC-17 PUBLIC UTILITY OBSTRUCTIONS: Pipe lines and other existing underground
structures in the vicinity of the work are shown on the drawings according to the best
information available to the OWNER. The OWNER does not guarantee the accuracy of
this information. The CONTRACTOR shall make every effort to locate all underground
utilities by prospecting in advance of trench excavation. The cost of repair of existing
utilities damaged by the CONTRACTOR shall be borne by the CONTRACTOR, and
shall be scheduled so as to cause the least possible inconvenience to the public.
Any delay or extra cost to the CONTRACTOR caused by pipe lines or other
underground structures Or obstructions not shown on the plans or found in different
locations than those indicated, shall not constitute a claim for extra work, additional
payments, or damages.
SC-18 SUBLETTING THE WORK: The CONTRACTOR shall perform with his own
organization and with: the ~ssistance of workmen under his immediate supervision, work
not less than fifty percent (50%) of the value of all work embraced in the Contract
exclusive of items not colT!monly' found in contracts for similar work or which requires
highly specialized knowledge, a'aftsmanship and/or equipment not ordinarily available
in the, organizations of the contractor's performing work of the character embraced in the
Contract. No portion of the work covered by these specifications and materials, shall be
sublet without written permission from the OWNER. If the CONTRACTOR sublets any
part of the work'to be done under this Contract, he will not under any circumstances be
relieved of his responsibility and obligations. All transadions of the OWNER will be with
the CONTRACTOR. Subcontractors will be considered only in the capacity of
employees and/or workmen and shall be subject to the same requirements as to
character, competency, wages and hours. The OWNER will not recognize any
subcontrador on the work. The CONTRACTOR shall at all times, when the work is in
Supplementary Conditions 3 of 10
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operation, be represented either in person or by a qualified superintendent or other
designated representative. A complete list of subcontractors must be submitted within
ten (10) days after start-up.
SO-19 PROTECTION OF EXISTING FACILITIES: The CONTRACTOR shall use
construction equipment, labor, or techniques to insure that existing facilities such as but
not limited to, existing utilities are not damaged. A careful pre-construction inspection of
existing facilities will be made with the OWNER and the CONTRACTOR.
SC-20 PROTECTION OF TREES AND SHRUBS: Any trees, shrubs, plants, or
ornamental growth within the right-of-way, not directly interfering with the construction of
the road bed, sidewalks, driveways or sewer shall be protected from damage by the
CONTRACTOR. Any tree, shrub, plant or ornamental growth that interferes with the
construction of the roadway, sewers, sidewalks or driveways shall be relocated to a
location satisfactory to the adjoining property owner outside of the street right-of-way.
Large trees not conducive to moving shall be removed and disposed.
SC-21 PROJECT SCHEDULING: CONTRACTOR shall coordinate all work with
OWNER.
SC-22 WATER ,FOR CONSTRUCTION AND TESTING: CONTRACTOR may obtain
water for construction and testing from the City of La Porte at his cost. A construction
meter will be provided at no cost to the CONTRACTOR for the duration of construction.
SC-23 OPERATION OF EXISTING FACILITIES: The City of La Porte shall operate all
existing facilities (i.e., lift stations, valves, fire hydrants) during construction.
SC-24 DELETION OF ARTICLES IN GENERAL CONDITIONS: Articles of the General
Conditions covering OWNER'S liability insurance, Sections 5.5 through 5.10, are hereby
deleted are not part of this Contract and is not required by the OWNER: .
SC-25 REQUIRED CONTRACTOR INSURANCE: CONTRACTOR shall obtain
insurance as detailed. Each policy obtained by the CONTRACTOR for work with this
contract, with exception of the Worker's Compensation policy, shall name the OWNER
and the ENGIN~ER as an additional insured. The coverage and amounts designated
are minimum requirements and do not establish limits of the contractor's liability.
Additional coverage may be provided at the CONTRACTOR'S option and expense.
Insurance must include:
General Liabilitv:
Commercial General Liability
General Aggregate
Personal Injury
Each Occurrence
$1,000,000.00
$1,000,000.00
$1,000,000.00
Automobile Liabilitv:
Combined Single Limit
. $1,000,000.00
Excess Liabilitv: .
Supplementary Conditions 4 of 10
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Umbrella
Each Occurrence
Each Aggregate
$1,000,000.00
$1,000,000.00
Worker's Compensation:
A. Definitions:
Certificate of coverage ("certificate"). A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage agreement
(TWCC-81, TWCC-82,TWCC-83 or TWCC-84) , showing statutory workers'
compensation insurance coverage for the person's or entity's employees providing
services on a projed, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's work on the project has been completed and accepted by
the OWNER. .
Persons providing services on the project - includes all persons or entities
perform ing all or part of ,the services the contractor has undertaken to perform on the
project, regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing,
hauling, or delivering equipment or materials, or providing labor, transportation,
or other services related to'- the project. "Services" does not include activities unrelated
to the project, such as foodlbeverage vendors, office supply deliveries, and delivery of
portable toilets.
B. The CONTRACTOR shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the contrador providing services on the project, for the duration of the
project.
C. The CONTRACTOR must provide a certificate of coverage to the OWNER
. prior to being awarded the Contract.
D. If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior to the end of
the coverage period, file a new certificate of 'coverage with the OWNER showing that
coverage has been extended.
E. The CONTRACTOR shall obtain from each person providing services on the
project, and provide the OWNER: .
(1) a certificate of coverage, prior to that person beginning work on the
project, so the OWNER will have on file certificates of coverage showing coverage for
all persons providing services on the project; and
Supplementary Conditions 5 of 10
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(2) no later than seven (7) days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, if the coverage period shown on
the current certificate of coverage ends during the duration of the project.
F. The CONTRACTOR shall retain all required certificates of coverage for the
duration of the Project and for one (1) year thereafter.
G. The CONTRACTOR shall notify the OWNER in writing by certified mail or
personal delivery, within ten (10) days after the contractor knew or should have known,
of any change that materially affects the provisions of coverage of any persons
providing services on the project.
H. The CONTRACTOR shall post on each project site a notice, in the text, form
and manner prescribed by the Texas Workers' Compensation Commission, informing all
persons providing services on the Project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage.
I. The CONTRACTOR shall contractually require each person with whom it
contracts to provide services on the Project, to:
(1) provide coverage, based on proper reporting of classification codes
and payroll amount and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011 (44) for all of its employees
providing services on the Project, for the duration of the Project;
(2) provide to the CONTRACTOR, prior to that person beginning work on
the Project, a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the Project, for the duration of the
Project;
(3) provide the CONTRACTOR, prior to the end of the coverage period, a
new certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate ends during the duration of the Project;
(4) obtain from each other person with whom it contracts, and provide the
CONTRACTOR:
(a) $ certificate of coverage, prior to the other person beginning
work on the project; and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, if the coverage period shown on the current
certificate ends during the duration of the Project.
(5) retain all required certificates of coverage on file for the duration of the
Project and for one (1) year thereafter;
(6) notify the OWNER in writing by certified mail or personal delivery,
within ten (10) days after the person knew or should have known, of any change that
Supplementary Conditions 6 of 10
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materially affects the provisions of coverage of any person providing services on the
Project; and
(7) contractually require each person with whom it contracts, to perfonn as
required by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing service.
J. By signing this contract, the CONTRACTOR is representing to the OWNER
that all employees of the CONTRACTOR who will provide services on the Project will be
covered by workers' compensation coverage for the duration of the Project, that the
coverage will be based on proper reporting of classification codes and payroll amounts,
and that all coverage agreements will be filed with the appropriate insurance carrier or,
in the case of a self-insured, with the Commission's Division of Self-Insurance
Regulations. Providing false or misleading information may subject the CONTRACTOR
to administrative penalties, criminal penalties, or other civil action.
K The CONTRACTOR'S failure to comply with any of these provisions is a
breach of contract by the CONTRACTOR which entitles the OWNER to declare the
Contract void if the CONTRACTOR does not remedy the breach within ten (10) days
after receipt of notice of breach from the City.
The CONTRACTOR shall be responsible for insurance to cover equipment, tools,
materials, supplies, etc. used in the performance of work, owned or rented, the capital
value of which is not included in the cost of this Contract.
Insurance policies are to be written by companies authorized to do business under the
laws of the State of Texas and on forms approved by the Insurance Commission of the
State of Texas. The CONTRACTOR shall provide the OWNER a copy of all insurance
policies.
All of the insurance required to be carried by the CONTRACTOR shall be by policies
which shall require on their face, or by endorsement, ten (10) days written notice to the
OWNER before they may be .cancelled and within which ten day period the
CONTRACTOR covenants that it will provide other suitable policies in lieu of those
about to be cancelled so as to maintain in effect the coverage required under the
provisions hereof. Failure or refusal of the CONTRACTOR to obtain and keep in force
the above required insurance coverage shall authorize the OWNER, at its option, to
terminate this contract at once.
The CONTRACTOR shall indemnify and save harmless the OWNER, its officers,
employees, and agents from all claims and liability due to the activities of itself, its
agents, or employees performed under this contract and which result from an error,
omission, or negligent act of the CONTRACTOR or of any person employed by the
CONTRACTOR. The CONTRACTOR shall indemnify and save harmless the OWNER
from any and all expenses, including attorney fees, which might be incurred by the
OWNER in litigation or otherwise resisting said claims or liabilities which might be
imposed on the OWNER as a result of such activities by the CONTRACTOR, his
agents, or employees.
Supplementary Conditions 7 of 10
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SC-26 QUALIFICATIONS FOR SURETIES ISSUING BONDS: As required by City of
La Porte Ordinance No. 1773, approved July 22, 1991, corporate sureties issuing
payment and performance bonds payable to the City of La Porte on public works
projects shall meet all of the following criteria:
a. The surety company must be authorized to do business in the State of Texas,
which authorization must be recorded in the files of the Texas State Board of Insurance;
b. The surety company must be an approved surety company listed in the current
United States Department of Treasury list of approved corporate sureties for payment
and performance bonds for federal jobs, including specifically the rules to underwriting
lim itation;
c. The surety company must be authorized to issue payment and performance
bonds in the amount required for the Contract, which authorization must be recorded in
the files of the Texas State Bo'ard of Insurance;
d. The person executing the Payment and Performance Bonds must be a licensed
Texas local recording agent and such licensing must be recor.ded in the files of the
Texas State Board of Insurance; and
e. The person executing the Payment and Performance Bonds must be authorized
by the surety company to execute performance and payment bonds on behalf of the
company in the amount required for the Contract and such authorization must be
recorded in the files of the State Board of Insurance.
f. Failure to meet the criteria for acceptability of surety company issuing Payment
and Performance Bonds will result in the disqualification of the bid.
g. The Payment and Performance Bonds shall remain in effect at least one year
beyond final acceptance of work under the Contract by the Owner.
SC-27 RETAINAGE: If the total Contract price is greater than $400,000.00, five
percent (5%) of the total contract price will be retained until final payment as described
below. If the total Contract price is less than $400,000..00, ten percent (10%) of the total
contract price will be retained until final payment as described below. On or before the
tenth (10th) day of the month, the CONTRACTOR shall prepare and submit to the
ENGINEER for approval or modification a statement showing as completely as
practicable the total value of the work done by the CONTRACTOR up to and including
the last day of the preceding month; said statement shall also include the value of all
sound materials delivered on the site of the work that are to be fabricated into the work.
For total Contract prices (Base Bid) greater than $400,000.00, the OWNER shall then
pay the CONTRACTOR on or before the fifteenth (15th) day of the following month of
the following month the amount of the approved statement, less five percent (5%) of the
amount thereof, which shall be retained until final payment, and further less all previous
payments and all further slims that be retained by the OWNER under the terms of the
Agreement
Supplementary Conditions 8 of 10
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For total Contract prices (Base Bid) less than $400,000.00, the OWNER shall then pay
the CONTRACTOR on or before the fifteenth (15th) day of the following month of the
following month the amount of the approved statement, less ten percent (10%) of the
amount thereof, which shall be retained until final payment, and further less all previous
payments and all further sums that be retained by the OWNER under the terms of the
Agreement.
It is understood, however, that in case the whole work be near to completion and some
unexpected and unusual delay occurs due to no fault of the CONTRACTOR, the
OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and
equitable portion of the retained percentage to the CONTRACTOR, or the
CONTRACTOR at the OWNER'S option, may be relieved of the obligation to fully
complete the work and, thereupon, the CONTRACTOR shall receive payment of the
balance due him under the Contract subject to those conditions under the General
Conditions, Article 14, Payments to CONTRACTOR and completion.
SC-28 PREVAILING WAGES: The CONTRACTOR and his subcontractors shall
expressly comply with Article 5159A, Revised Civil Statutes of Texas, 1925, commonly
known as, '7he Prevailing Wage Act" including the latest provisions. Not less than the
minimum prevailing wage for the Harris County area as attached at the end of these
supplementary conditions shall be paid for labor which is employed by the
CONTRACTOR and his subcontractors for execution of this contract. The
CONTRACTOR and his subcontractors shall keep accurate records of the names, wage
classifications, and hourly wages, paid to each worker employed on this project. These
records shall be open to inspection by the OWNER.
SC-29 CONTRACT INTERPRETATION AND WORK ACCEPTABILITY: The Engineer
will be the final interpreter of the requirements of the contract documents and sole judge
of the acceptability of work thereunder. .
SC-30 DISPUTE RESOLUTION The parties will attempt in good faith to resolve any
controversy or claim (other than matters described in the immediately preceding
paragraph) arising out of or relating to this agreement promptly by negotiation between
senior executives of the parties who have authority to settle the controversy.
The disputing party shall give the other party written notice of the dispute. Within ten
days after receipt of said notice, the receiving party shall submit to the other a written
response. The notice and response shall include (a) a statement of each party's
position and a summary of the evidence and arguments supporting its position, and (b)
the name and title of the executive who will represent that party. The executive shall
meet at a mutually acceptable time and place within twenty days of the date of the
disputing party's notice and thereafter as often as they reasonably deem necessary to
exchange relevant information and to attempt to resolve the dispute.
If the controversy or claim has not been resolved within thirty days of the meeting of the
senior executives, the parties shall endeavor to settle the dispute by mediation under
the Construction Industry Mediation Rules of the American Arbitration Association.
If the matter has not been resolved pursuant to the aforesaid mediation procedure
within ninety days of the commencement of such procedure, (which period may be
Supplementary Conditions 9 of 10
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extended by mutual agreement), or if either party will not participate in such procedure,
the controversy shall be settled by arbitration in accordance with "American Arbitration
Association Construdion Industry Arbitration Rules" by a sole arbitrator. The arbitration
shall be governed by the United States Arbitration Act, 9 U.S.C & 1-16, and judgement
upon the award rendered by the Arbitrator may be entered by any court having
jurisdiction thereof. The place of arbitration shall be Harris County. The arbitrator is not
empowered to award damages in excess of actual damages, including punitive
damages.
Supplementary Conditions 10 of 10
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14:31
SPGSV'FCSM FA)( ~-:D66
SlaS
PREVAIUNG WAGE RAn:: Dt: II::t"IMINAnON
BUILDING CONSTRUC'110N 'TRADES
COUNTY: HARRIS
AUGUST 24.1995
ClllalllDatlan .....mr ..... P..... v..IIon Total W..
~SUfI8I'" $17.58 ID.aII 10.18 ~ $11.15
WodlDr' $1.71 $O.GO to.oo $l.OO $1.71
BOIImIIIrIr $lUll .10 '1.78 ~ ....
81fd.h..,.., sa. Mason "5.00 .00 $1GD so.oo ttlLOO
$11.14 ..... ".D1 $DJJO $1e..a
C&upeI La,.; Floor InstIIJet SD.DO .00 IQ.GO so.ao to.GO
Concn" AIIthII" . t1.u5 so.04 so.cn so.ao ...s.aa
CrvwaI 1I\IIIIIII; CeIIng Instal., $10.07 10.83 SO.oe $0.38 $11.'.
EIectdr:Ian $1&.38 11.3& $O.S3 $Q.IM $17.71
Elevator MecbanID $17.32 $US S2JM $1.72 . 125.17
Ugh1 EquIpment 0penIIIlr $1' .88 SlU7 10.18 10.00 $1~
He.., EquIpa8II 0penItIar . "'4.M $0.04 .~ $0.02 S1s.az
GIa2Ier $12.00 so.oo 10.00 $O.2a 112.23
--. .. -
II1IUIIIar $1&.03 IS.08 $1.48 $0.75 $2U3
IftlftWIDIker $14.79 IO.aJ $Q.28 so.10 t1U1
,-- S8.22 10.3& $Q.D7 SD.Qa a&.72
~If $14.80 $3.08 $0.20 $0.50 $18.&8
UeIaI BuIldIng AaanbIM' $1D.m SOJIJ .00 $0.00 $10.00
MUaIfIfght $18JJS S1.88 $1.15 so.oo $19.98
PlIinter; Wall OMIfnG Installer S8.44 SQ.35 $D.01 $0.06 $U!5
PIeddv8r $13AO so.m S0.40 $0.27 "'4.74
I .. ..-. .
~ $15.00 $0.00 $0.00 $0.00 S1 &.DO
P.asterer $15.10 $2012 $0.97 $0.33 .,1oG
Pfumber I ._.~-
$17.48 $3.18 $'1.15 $1).54 $22.37
Roofer SS.5U so.oo $0.00 SO.OO $a.5O
Sheet Mel8l WorlaIr I $17.14 $UB S1.5' $0.00 $21-=
SprInlder F"dI8r I $19.14 14.17 $2.20 $0.07 $2!LS8
Tlm'lIZZD WOfker , I $0.00 tQ.OO $0.00 $C.CD $ILOO
ml.. Seder I $14.00 $1.20 $0.00 $0.00 $1&.20
Wa1e~roofer. Caulker I $15.1B $2.14 $1.15 $0.07 Sla.&4
. :SU.au In the raiD fteld IndIaI:dBa In1nIIIIolem dIM.
~
14:39
SPGSC/FC91 FAX _46J-:De6
BS6
.
GBm51U\LDsc::tSXORUS60048 03/1S/96 'rX48
GeDeraJ. Decision NUlllher '1'X960048
Superseded General Dec::uion No. 'l'X!50048
State: 'rEXAS
constr1iction Typet
mOHWAY
Couuty<ies) :
BRAZOIl%A
I'ORT BBRD
GAt.V3STOH
mmDm
BARRIS
JIw.~ON
x.xB1IRft
~y
01U\HGB
WALLER.
HIGHWAY ~DJH PROJEC'rS (excluding t.uanels, bu.ilcU.D9'
st--uctures iD rest area projects, and rail:oad aoastrw:tioa.;
bascule, suspeaaioa Ie spandrel. arch bridges J bridges des:lgra.ed fo
commercial. narlgzu:icm; bridges involving mar~e c:onst:uation;
cl:he: major bridge.)
1!od1fication Number
o
Publication Date
03/15/1996
cotDt'1'Y(ies) :
13RAZOR:rA
FCR'1' 131l1m
GALVES'1"ON
HARDm
BARRIS
u~J:.aASOH
IaIBD'ft
IllON'TGOHERY
ORANGE
WALLER
SUTX204SA 11/15/1991
:Rates
$7.165
8.125
7.772
7.250
'.669
9.805
10.353
9.091
9.199
8.694
14.744
14.250
'.46
8.600
8.144
8.339
6.294
7.351
8.133
11.378
8.784
pringes
ArK. 'l'OOL OPSRATOB
ASPBAL'l' HJSA'l'!:R OllDA'rOR
ASPHAL~ RA1Cm
ASPBAL'l' SHOVBLER
BA'roc:NG PLAm'l' n:rGHBR
BA'l"'l'BBBOABD SB'l"l'ER
CAlU"mftI1m.
CONCUn'B J'J:lnSaBR-PAv:tNG
CONC\BTE :r~-S'1'RlJC':UH:::S
CONCRE'l'E Iml3BBR
BLEC'l'lUCJ:AN
P:tRmWf
POJUI BU:tLDER-STRlJC'l'URES
!'0lU<< LINBR-PAvmG Sr: emus
FOlUll SA'.I.~D.-PAVDlG . ct1R3
FOU S3'1"l'D-S"rRUC'rORES
LABORER-coMHON
LABORER-UTn.n'Y
MAmHOLE :BUILDER
MECmUaC
On.ER
~
14:31
SfIGSC/FCSI't FAX ~-J:366
SD.v:tCER
PAmT'D-~t.4'UdS
PZLED1U:VEK
PJ:PB LA'!'BR
BLAS'1"BR
ASPfmL'r D:IS'rRJ:BO'lOK OPERATOR
ASPHAI.~ PAVDIG DCHINl!l OPBaA'rOR
BROOK OR SWBBPBR 01'BRA'l'OR
BCt.LJ:x)ZD, 150 HP . LBSS
BCLLDOZJm, OVBR 150 UP
CCNCHJft']S PAVD1G CCB%RG JmCH:rNB
CO!IC3ii'.rB PAVING, P .I.II~&U.L1U ~
CCNCUr.rB PAVJ:HG I'ORlI GlADD
COHCRI'J'B ;'AVIRG GRDIDB1l
COHCU'B PAVING .roD'! JIACHmB
CQNQUS'1'3 PAVJ:NG a1O:E1ft SBAt.D.
CCRC:lUS'l'S JtAv:tNG n.oNr
COHCR!:'l"Z PAVING SAIf
CCN'CRST!S PAVDIG S~
PA~ sms-GRADBR
SLJ:PFCmI 1IJACBJim OP!SRA'l'CR
CMNB, CLAIf.cmRT.T., BAC1O!OB,
DEJUl:tClt, JmAGLJ:NB, SHOVEL
. LESS 'r1mif.1 1/2 C. 'Y.
CMNB, ~~.T'" BACmOB,
.DBlUUCt, mu\GLI1GI, SBCtV3L
1 1J~ C.Y. ANn OVD
CRUSHBR OR S~DG PLA1t'1'
OPlmM'OR
. POtJ1lJDA'r:tOJl DlULIt OPBRA'l'01l
CBAWLBa HDtI'HTBD
l'~OR mu:LL OPBRMOR
'rl\tJCX 1fOON'.rED
ntON'l' Dm r.oAJ)D 2 1/2
C.Y. IE usa
FROl'lI'1' mm LOADER OVER 2 1/2
C.Y.
HOI:S"r - DOtmL3 DOH
lIULLD1G MACHntB OPBRA'l'OK
~ (OVER 16 c.P.)
ra:::a:a (16 C.P. & LESS)
l!1DUi:R-CONOED PAVING
HOTOR GBADBa 01?DA'l'OR
PDIB GBADB
mOTOR GRAD!!: OPDA'.rOR
P.I\.VEKJ!:N'r IIfAlUCING HACHI:Nl!:
PLANBR. OPERA'l'OR
POMP CRETE
ROLLAR, S'rEEL WHEEL PLi\N'r
MU PAVEMEN'l'S,
ROLLmt, S'1'3ZL WHDI.. O'reER
PLM'mml!:rr OR TJ\HPIN~
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8.725
13.066
10.000
7.'181
8.000
8.320
9.431
1.911
9.018
9.738
8.727
'.702
8.406
8.814
9.126
9.843
!.300
8.'56
9.000
8.663
8.000
10.140
;0.685
9.071
11.959
10.429
8.173
8.888
14 . 000
8.813
9.350
'.938
7.750
10.462
'.617
6.294
9.S00
12.101
8 . 13 6
7.607
7.252
BE17
"
14:32
.
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SOAPlm-ovD. 17 C. Y .
snm BOOM
-mAC'l'OR-c1WfLER '1'YPB 150 HP
&: LBSS
'rBACTOK-CRAlfLD 'rYPB OVBR
150 BP
"l'RACTOR"'P!ni:m!IATIC 80 B1' " r.BSS
~l\-~%C OVD 80 BP
'l'BAVELDm JaZER
'l'RENCI:IJ:RG 1QCHDI]!- IiJ:GB'1"
'l"RDtCBmG DJ::HJJIB-HBAVY
1mGOK-DlULL, !ICJ1U1IG JmCHD1B AND
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BARRJ:C:Aljm SDVJ:C!:R Z01I1B 1IClUt
HCtIIIJT.\'IiD SXGH DIS';t:ALL]Ia PBRHANBm'
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TROex DftIVIm-SD1GIaB AXr..a zmAVY
. '1'~uCA DRrI!:R-TANDZZ!l AXW: sma
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5flGSC/FCSH FA)( r-3J66
sea
7.944
8.368
1."108
8.122
9.303
1.372
8.000
6.8'3
9.000
10.QOO
7.750
11.701
10.165
10.350
8.193
9.000
6.2'4
6.294
1.445
8.018
7.144
'.461
8.040
8.500
9.79a
-~------------~-------------------------------------------------
'C'aJ.isted classificat10ns needed for work not. included within
the scope of the C!lassifications listed may },e added after
award only as provided in the labor st annt!'.,..ds cont:act clAuses
(2' cn 5.'(a) (1) (v)).
-----------------------------------------~----~-------~-----~---
:In the listing above, the .SU" designation means that races
l~sted under thae ident~fier ~o nee reflect collectively
bargained wage and. fringe benefit rates. other desi~eions
indicate unions whose rates have been determined to be
prevailing.
END ot GENERAL DECISION
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TECHNICAL SPECIFICATIONS
CLP Project No. 98-4503
ITEM I
REMOVING EXISllNG CONCRETE SIDEWALK AND CURB
1. DESCRIPTION
1.1 This section governs the furnishing of all equipment, superintendence, labor and
materials, and perfonning of all operations in breaking up and removing existing conaete
pavement, curb, sidewalks, and disposing of the old conaete or other materials
satisfactorily in a manner and place to be determined by Contrador and approved by
Owner.
2. CONSTRUCTION METHODS
2.1 Where only a portion of the, existing conaete pavement, curb, or sidewalk is to be
removed, special care shall be exercised to avoid damage to that portion of the conaete
to remain in place. Where Concrete pavement is removed at locations between joints, the
existing conaete pavement and curbs shall be saw cut the full depth to a neat line as
indicated on the plans or in the specifications. If any existing concrete beyond the neat
line so established is damaged or destroyed by these operations, it shall be replaced at
the contractors entire expense.
2.2 Existing concrete to be removed shall be broken up into pieces by air-driven
machinery or by other suitable means. The use of explosives for breaking up old
conaete to be removed is not permitted.
2.3 Work performed under this item shall be inaugurated at such time and prosecuted
in such a manner as to cause a minimum of inconvenience to traffic or to the owners of
adjacent property. Any area where pavement has been broken-up and/or removed shall
require standard barricades, fencing, or other approved safety devices as will exclude
public traffic until such time that the material has been properly replaced and approved by
Owner.
3. MEASUREMENT
3.1 Removing existing concrete sidewalks will be measured in linear feet in its original
position regardless of its thickness. Removal of conaete curb shall not be measured or
included or considered in the total quantity of material removed. All broken conaete
removed shall become the property of the Contrador, and any disposal shall be
considered incidental to the pay item.
3.2 Full depth saw cut will be measured by linear feet as cut.
4. PAYMENT
4.1 All work performed as required herein and as provided under "Measurement" will
.be paid for at the unit price bid per linear feet, which payment shall be full compensation
Technical Specifications 1 of 19
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for furnishing all labor, tools, equipment, hauling and disposal of broken conaete and all
other incidentals necessary to complete the
work. No payment shall be made for removal of curb but shall be considered incidental.
4.2 Saw cut will be paid for at the unit price bid per linear feet. AU saw cut shall be
made to the fuU depth of materials that are required to be cut. This shall indude all
existing curb to be removed for handicap ramps.
Technical Specifications 2 of 19
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TECHNICAL SPECIFICATIONS
CLP Project No. 98-4503
ITEM II
FOUR FOOT CONCRETE SIDEWALK REPLACEMENT
1. DESCRIPTION
1.1 This section covers the furnishing of all equipment, superintendence, labor,
and materials necessary in construction of concrete sidewalks including handicap ramps
in accordance with the plans and specifications.
2. MATERIALS
2.1 Concrete shall conform with requirements specified in Technical
Specification "Concrete for Structures".
2.2 An approved type of commercial pre-molded expansion joint (3/4" thick) or
redwood (1" thick) shall be placed.
2.3
E.W.
Reinforcing steel shall be #3 bars at 18" O/C each way or #4 @ 24" O.C.
2.4
material.
Cushion sand shall be clean and well graded and free of clay and humus
3. CONSTRUCTION METHODS
3.1 Stripping: All grass and humus material shall be stripped and removed
from the area of the sidewalk.
3.2 Grading: After stripping and removing of grass, humus material, and tree
roots, any soft or otherwise unsuitable material within the sidewalk area shall be removed
and replaced with approved fill materials and compacted. The grade shall then be
brought up to the bottom of the proposed level of the sidewalk with a maximum of four
inches (4") of bank sand fill.
3.3 Forms: The sidewalk shall be fOrmed and braced with forms of wood or
metal, straight, free from warp and of a. nominal depth of four inches (4'1 prior to pouring
of concrete. The forms shall be braced so that no horizontal or vertical displacement
occurs during the concrete pour' or during the period for curing.
3.4 Expansion joints shall have a maximum spacing of thirty feet (30') between
joints or as shown on the plans and according to this specifications or as directed by the
Owner's Representative. Expansion joints shall be required where all sidewalks intersect
with existing driveways, existing roadway pavement, and at all saw cuts locations unless
otherwise directed by the Engineer. In locations where the new concrete is to tie to
existing concrete; the old expansion joint material shall be removed and replaced with
new expansion joints.
Technical Specifications 3 of 19
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3.5 During the placing of the concrete, the reinforcement shall be held in a
position parallel with the surface plane of the sidewalk as shown on the plans or as called
for in the specifications by the use of plastic chairs or other methods approved by the
engineer.
3.6 The concrete surface shall have a rough, non-skid type finish. The concrete
surface shall be free of any graffiti or writings. It shall be the contrador's responsibility to
protect the freshly poured concrete and finish on the surface a sufficient length of time to
allow the concrete to set up. Any concrete with graffiti and/or writing shall not be
accepted and shall be removed and replaced by the contractor at no cost to the owner.
3.7 The dummy groove joint shall be edged in the surface of the concrete at
every six foot (6') intervals.
3.8 The outer edge and joints shall be troweled to. give a smooth surface and
rounded to a 1/4 inch radii.
4. CURING
4.1 After the concrete has obtained a final set, the concrete surface shall be
sprayed with membrane curing compound to proted it against loss of moisture for a
period of not less than 72 hours from the beginning of curing operations.
4.2 Failure to provide the proper curing or other failures to comply with curing
requirements shall be cause for immediate suspension of concreting operations.
5. CYLINDER OR BEAM TESTS
5.1 During work progress, the Owner, at his discretion, shall provide all
cylinders or beam tests as specified herein. The laboratory testing and services shall be
provided by the Owner. The Owner does hereby reserve the right to collect all cylinder
samples himself, if desired, and deliver same to the testing laboratory approved to
perform the tests prior to the placement of concrete. The tests will be performed to
maintain a check on the compressive or flexural strength of the concrete that is actually
placed. The test shall be defined as the average of the breaking of three cylinders or two
beams as the case may be. Test beam or cylinder specimens shall be required for each
167.5 cubic yards, or a portion thereof, placed each day. For smaller concrete
placements, the Owner's Representative may vary the test specimens to 25 cubic yard
placements, over a several d~y period. Cylinders or beam specimens shall be placed,
covered and stored in curing water tanks at temperatures between 70 degrees F. and 90
degrees F., until transported to the testing laboratory. The test specimens shall be cured
in accordance with THO Bulletin C~11.
6. PROTECTION OF SIDEWALK
6.1 The contractor shall ered and maintain the barricades required by the plans
and/or the specifications, or such other standard barricades and approved devices as will
exdude public traffic. and traffic of his employees and agents from the newly placed
sidewalk. All barricades shall remain in place
Technical Specifications 4 of 19
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until such time as the concrete has cured sufficiently to a point where it is safe to be used
by the public and not be damaged by that use. Barricades shall not be removed until all
fonn materials, surplus wood and steel or any other surplus materials have been removed
from the site to provide for the safety of the public. All areas adjacent to sidewalks where
fonns were removed shall be backfilled and graded prior to removal of the barricades.
7. CLEAN-UP
7.1 The contractor shall remove all rubbish and waste materials from the site.
The clean-up operation shall be kept up behind the construction at all times.
8. MEASUREMENT
8.1 The concrete sidewalk, complete in place, to the dimensions and limits
detailed on the plans and as described in these specifications will be measured by linear
feet of sidewalk placed. Curb shall be incidental to the job and will not be measured.
9. PAYMENT
9.1 The payment for the concrete sidewalk measured as indicated in paragraph
8 will be made at the contract unit bid price per linear feet for concrete sidewalk, complete
in place. Payment will constitute full compensation for cost of furnishing all plant
equipment, superintendence, labor, and materials and performing all operations required
for a completed installation including stripping, grading, fill materials, furnishing and
placing concrete and reinforcing, clean-up, and all incidental operations required for a
complete foundation.
9.2 Wheel chair ramps shall not be measured, but shall be paid for by lump
sum at the contrad bid price per each type of concrete wheel chair ramps identified on
the Plans (Types A, B). Placement of sand cushion and concrete curb shall be
considered incidental and no separate pay item will be allowed.
Technical Specifications 5 of 19
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TECHNICAL SPECIFICATIONS
CLP Project No. 98-4503
ITEM III
CONCRETE FOR STRUCTURES
1. DESCRIPTION
1.1 This section shall govern the materials and methods used for the
proportioning and mixing of concrete for pavement, driveways, pre-stressed conaete,
and other concrete incidentals required to complete the construction of the project. The
concrete shall be composed of Portland cement, mineral filler, and natural aggregates,
proportioned and mixed as provided in this specification.
2. MATERIALS
2.1 Cement: The cement shall be Type I, Type II, or Type III of a standard
brand of Portland Cement conforming to ASTM Designation C-150. Only one brand of
cement will be permitted in anyone structure.
2.2 Mixing Water. The water used with the cement shall be clean and suitable
for drinking or for ordinary household use.
2.3 Course Aggregate: The course aggregate shall consist of gravel, crushed
stone, or a combination of these two.
2.3.1 Gravel shall consist of durable particles of crushed or unO'Ushed gravel of
uniform quality throughout. It shall have a wear of not more than 40 percent when tested
according to AASHO Method T -96.
2.3.2 Crushed stone shall consist of durable particles of stone of uniform quality
and having the same wear as that required for gravel.
2.3.3 The 'course aggregate shall be free from an excess of salt, alkali, roots, and
other objectionable matter. The maximum size aggregate shall be governed by the type
of structure in which the concrete is used and as shown in Table I.
Technical Specifications 6 of 19
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2.3.4
following:
The grading requirements of the Course "aggregate shall conform to the
TABLE I
Percentage Retained
I No. I Maximum ~] 2 lr.o!: I 2" I 1 lr.o!:" I 1" I ~~, I 1/~" NO.4 I
size
1 2 112" 0 0-5 0-20 15-50 60-80 95-100
2 1 112" 0 0 0-5 20-70 95-100
3 1" 0 0-5 15-45 50-70 95-100
2.4 Fine Aggregate: Fine aggregate shall consist of natural sand and be free
from frozen material, foreign material, excess salt, alkali, or vegetable matter. It shall
contain not more than 0.5 percent by weight of clay lumps.
2.4.1 The grade requirE:!ments of the fine aggregate shall conform to the following:
Sieve
Percent Retained
318"
NO.4
NO.8
No. 16
No. 30
No. 50
No. 100
0%
0-5%
0-20%
15-50%
40-75%
70-90%
90-100%
2.4.2 . The fineness modulus of the fine aggregate shall be between 2.40 and
2.90. VVhen this .fineness modulus varies more than .20 than that being used in the
current design, then the batch will be redeSigned in accordance with standard Highway
Department methods.
2.5 Admixtures: An air entrained conaete will be used for all bridge
superstructures. Air entrainment will also be required during hot weather placement
when, in the opinion of the Owner's Representative, the admixture is needed.
2.5.1 The air entrainment agent shall be of a standard commercial. type
conforming to the requirements of ASTM Designation C-260.
Technical Specifications 7 of 19
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PROPORTIONING AND CLASSIFICATION
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3.
3.1 Conaete shall be proportioned as determined by the Owner's
Representative and using the method as outlined in the Texas Highway Department
Bulletin C-11. The conaete shall be uniform and workable. The minimum cement
content, maximum allowable water content, and maximum slump of the various classes
shall conform to the following:
Type of Construction Min. Min. Compo Max. Water Slump Coarse Coarse
SKlCY Strength 28 Cement Inches Aggregate Aggregate
Day PSI Ratio Class No.
Foundations 5 3000 7.0 2-3 1-2 A
General Concrete 5 3000 7.0 3-4 2-3 A
Drilled Shafts
All Superstructure 5 3000 6.5 2-3 2-3 A
Concrete
Riprap & Sidewalks 4.5 2500 7.0 3-4 1-2 B
Pre-stressed 6-7 6000 5.75 2-3 3 C
Concrete
Seal Concrete 6 3000 7.0 5-6 1-2 0
3.2 The dry loose volume of course aggregate shall not be more than .82 cubic
foot of the finished concrete.
3.3 The net amount of water will be the amount added at the mixer, plus the
free water in the aggregate, and minus the absorption of the aggregate based on a 30
minute absorption test as defined in THO Bulletin C-11.
3.4 Where flexural test beams are used the 7 -clay flexural strength shall be
equal to or greater than one-sixth of the 28 day compression test.
3.5 Where the difference between the actual amount of concrete placed and
the calculated theoretical amount required is more than 3%, the Owner's Representative
shall require the re-design of the batch.
4. CONSISTENCY
4.1 Conaete shall be of such consistency as to insure the required workability
and result in com pad masses having dense, uniform surfaces. The quantities of the mix
design shall not. be varied unless authorized by the Owner's Representative. In cases
where the charaderistics of the aggregates are such that, with the maximum allowable
amount of water the consistency requirements cannot be satisfied, the contractor may
fumish additional aggregates, mineral filler, or aggregates of a different character which
will produce the desired results. If the contractor does not provide these materials, the
Owner's Representative will modify the mix design with additional cement to produce
proper workability. The addition of water to the approved batch design to provide
workability will not be permitted.
Technical Specifications 8 of 19
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4.2 In general, the consistency of concrete mixtures shall be such that
4.2.1 The aggregates will not segregate and mortar will cling to the coarse
aggregate.
4.2.2 The concrete when dropped from the discharge chute will flatten out at the
center of the pile, but the edges will not flow.
4.2.3 The concrete will not show free water.
4.2.4 The concrete will slide and not flow into place when discharged from the
metal chute at an angle of 30 degrees with the horizontal.
4.2.5 The surface of the finished concrete will be free of laitance.
4.3 Any concrete mix failing to meet the above consistency requirements will be
considered unsatisfactory although the concrete meets the required slump test In cases
where the characteristics of the aggregate furnished are such that, with the maximum
allowable amount of water, the specified slumps and consistency requirements are not
met, the contractor may provide aggregates of an improved grading, or the Owne~s
Representative will modify the mix design to meet the slump and consistency
requirements by adding cement.
4.4 The slump tests will be provided by the approved Testing Lab according to
the standard ASTM testing procedures.
5. TESTING OF CONCRETE
5.1 During the progress of the work, the Laboratory will cast test cylinders for
testing in order to maintain a check on the compressive strength of the concrete actually
placed.
5.2 A test shall be defined as the average of the breaking strength of three
cylinders.
5.3 Test cylinders for job site control will be tested according to ASTM
Designation: C-39 "Method of Test for Compressive Strength of Molded Concrete
Cylinders". Test cylinders shall be made in accordance with Test Method Tex-704-1.
5.4 All test specimens, beams, or cylinders representing tests for removal of
forms or falsework for pre-stressed or post-tensioned beams shall be cured under the
same conditions, subjected to the same curing materials, and to the same weather
conditions as the concrete represented.
5.5 Other cylinders will be cured in accordance with THO Bulletin C-11.
6. CONDITIONS
Technical Specifications 9 of 19
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6.1 The concrete shall be mixed in quantities required for immediate use and in
concrete not in place within the following:
Air Temp. or Concrete Temp.
(Highest Value)
40 degrees F. to 74 degrees F.
75 degrees F. to 89 degrees F.
91 degrees F. and above
Maximum Time in Mixer
90 minutes
60 minutes
45 minutes
6.2 In threatening weather, which may result in conditions that will affect the
quality of the concrete, the Owner's Representative may order postponement of the work.
VVhere work has been started and changes in weather conditions require protective
measures, the eontrador ~hall furnish adequate shelter to protect the concrete against
from rainfall or freezing tempeatures.
6.3 Concreting will not be permitted when the temperature is 40 degrees
Fahrenheit and falling.
7. MEASUREMENT'
7.1 Unless provided for in the proposal, the quantities of concrete of various
classifications will not be measured directly but shall be included in the itemized bid
structures.
8. PAYMENT
8.1
pertains.
Payment will not be made but shall be incidental to the item for which it
Technical Specifications 10 of 19
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TECHNICAL SPECIFICATIONS
CLP Project No. 98-4503
ITEM IV
UNDERMINED SIDEWALK POINT REPAIRS
1. DESCRIPTION
1.1 This item shall govern all excavation and backfilling of areas under or
around existing sidewalks that have voids created by storm sewer lines, sanitary sewer
lines, manholes, or inlets that have cracks or openings allowing materials under the
sidewalk to be washed and carried away. It shall govern the furnishing of all equipment,
supervision, labor, and materials to perform the repairs as specified.
2. MATERIALS
2.1 Materials shall consist of cement stabilized sand as specified under the
specifications Item 9.
3. CONSTRUCTION METHODS
3.1 The existing concrete sidewalk shall be removed in accordance with the
specification Item 1. After the sidewalk is removed, the Owner's Representative shall
insped the site to determine the 'extent and cause for the voids. Based on the inspection,
the Owner's Representative may instrud the contractor to just add cement stabilized sand
in the void and com pad it in an approved manner or he shall instruct the contractor as to
the size, location, and depth of any required excavation in order to allow the placement
and compaction of the cement stabilized sand. The size, location, depth, and estimated
volume of excavation shall be agreed upon by the Contractor and the Owner prior to
proceeding with the repair. The normal width of any excavation of material down along
side of any pipe or manhole shall be maintained as near as possible to a width of 12
inches. The maximum depth for the excavation shall not exceed 6 feet in depth as
measured from the top of the existing natural ground. All excavated material shall be
removed and disposed of as per the Owner's instructions.
3.2 If in the opinion of the Owner's Representative, more extensive repairs are
warranted; the Owner shall have the option of making the additional repairs with City
personnel or negotiating with the Contractor for the additional repairs. All additional work
contemplated other than that described under section 3.1 shall only be done by Change
Order.
Technical Specifications 11 of 19
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4. MEASUREMENT
4.1 Excavation and removal of existing soil materials and compaction of cement
stabilized sand shall be measured in cubic yards based on the amount of agreed
excavation as specified in Section 3.1. Cement stabilized sand shall be measured as
specified under cement stabilized sand.
5. PAYMENT
5.1 Excavation and removal, of existing soil materials and compaction of cement
stabilized sand shall be paid for by the cubic yard of excavated material as measured and
agreed upon by the Owner and Contractor as specified in Sedion 3.1 and based on the
unit .price bid for this item.
Technical Specifications 12 of 19
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TECHNICAL SPECIFICATIONS
CLP Project No. 98-4503
ITEM V
ADJUSTMENT OF METER BOXES. VALVE BOXES.
AND MANHOLE RINGS AND COVER
1. DESCRIPTION
1.1 This section shall govern the adjustment of meter boxes, valve boxes,
manhole rings and covers, etc. to the proposed finished grade of roadway paving,
sidewalks, parking lots, or other paved surfaces as indicated on the plans or, in the
opinion of the Owner's Representative, requiring an adjustment. The work covered in this
section consists of furnishing all plant equipment, labor, materials, and performance of all
operations for the required adjustments.
2. CONSTRUCTION METHODS
2.1 After the existing pavement is removed, the existing water meter box, valve
box, or manhole ring and cover shall be excavated around in a sufficient manner to allow
for the required adjustment in grade. The adjustment of water meter boxes and valve
boxes shall be made without adjustment in grade on the water line or service lines. If, in
the opinion of the Owner's Representative, an adjustment in the service line or system
line is required, he may direct the contractor to do so under extra work items or the work
may be performed by City of La Porte personnel. The adjustment of manhole rings and
covers shall be accomplished by removal or addition of materials necessary to bring the
top to grade and may be poured as an integral part of the proposed pavement.
3. MEASUREMENT
3.1 The adjustmE!nt of the water meter boxes, valve boxes, and manhole rings
arid covers shall be measured by each.
4. PAYMENT
4.1 Payment for complete adjustment of water meter boxes, valve boxes, and
manhole rings and covers will be made at the unit price bid for each.
Technical Specifications 13 of 19
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TECHNICAL SPECIFICATIONS
CLP Project No. 98-4503
ITEM VI
CONCRETE DRIVEWAY REPLACEMENT
1. DESCRIPTION
1.1 This section covers the furnishing of all material and construdion of
concrete driveways in accordance with the drawings and these specifications.
2. MATERIALS
2.1 Concrete shall conform with requirements specified in the specification
"Concrete Pavement Water Cement Ratio". The concrete shall be 5 sacks per cubic
yard.
3. CONSTRUCTION METHOD
3.1 Stripping: All grass and humus material shall be stripped and removed
from the area of the driveways.
3.2 Grading: After stripping and removing of grass and humus material, any
soft or otherwise unsuitable material within the sidewalk area shall be removed and
replaced with approved fill materials and compaded to a depth of four inches (4'1-
3.3 Forms: The driveways shall be formed and braced with suitable material
prior to pouring of concrete.
3.4 Concrete shall not be placed when the temperature is below 40 degrees F.
and falling, but may be placed when the temperature is 35 degrees F. and rising, the
temperature shall be taken in the shade and away from artificial heat.
3.5 Concrete shall not be placed before time of sunrise, and shall not be placed
later than will permit the finishing of the pavement during sufficient natural light.
3.6 Workmen will not be permitted to walk in the concrete with earth or foreign
material on their boots or shoes. Repeated failure to clean their boots or shoes when
walking in the concrete shall be deemed sufficient cause for removing or replacing such
workers.
3.7 Any concrete not placed as herein prescribed within thirty (30) minutes after
mixing, shall be rejected and disposed of as directed by the Owner's Representative.
3.8 Concrete shall be distributed to such a depth that when consolidated and
finished, the slab thickness required by plans will be obtained at all points and the surface
shall not, at any point, be below the established grade. Special care shall be exercised in
placing and spading concrete against forms at all joints to prevent the forming of
honeycombs or voids.
Technical Specifications 14 of 19
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4. FINISHING
4.1 Hand Finishing: The concrete shall be struck off with an approved strike-off
screed to such an elevation that when consolidated and finished the surface of the
pavement shall conform to the required section and grade. The strike template shall be
moved forward with a combined transverse and longitudinal motion in the direction the
work is progressing, maintaining the template in contact with the forms and maintaining a
slight excess of material in front of the cutting edge. The concrete shall then be tamped
with an approved tamping template to compact the concrete thoroughly, and eliminate
surface voids, and the surface screeded to required section.
4.2 After completion of a strike-off, consolidation, and transverse screeding,
hand-operatedlongitudinal float shall be operated to test and level the surface to the
required grade. Workmen shall operate the float from approved bridge riding on the
forms and spanning the pavement. The longitudinal float shall be operated with short
longitudinal strokes while being passed from one side of the pavement to the other.
5. CURING
5.1 Immediately after finishing operations have been completed, the entire
surface of the newly laid concrete shall be covered and cured in accordance with the THO
Specifications, Item 360.9.
5.2 Failure to provide sufficient cover material of the type the contractor elects
to use, failure to maintain saturation in wet curing methods. lack of water to adequately
take care of both curing and other requirements, or other failure to comply with curing
requirements shall be cause for immediate suspension of concreting operations.
6. PROTECTION OF CONCRETE DRIVEWAYS
6.1 The contractor shall erect and maintain the barricades required by the plans
and such other standard barricades and approved devices as will exclude the use of the
driveway for a period of time as directed by the Owner's Representative.
7. OPENING DRIVEWAY TO OWNER
7.1 The driveway shall be closed to all traffic vehicles until the concrete is at
least two (2) days old. This period of closure to all traffic may be extended, if in the
opinion of the Owner's Representative, whether or not conditions make it advisable to
provide an extension of the time of protection.
7.2 The Owner's Representative may require the opening of the driveway to
traffic prior to the minimum time specified above under conditions of emergency which, in
his opinion, require such adion in the interest of the public or homeowner.
8. MEASUREMENT
Technical Specifications 15 of 19
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8.1 Concrete driveways will be measured for payment by the square yard of
surface area of completed and accepted work.
9. PAYMENT
9.1 Concrete driveways will be measured as provided under 'Measurement" and will
be paid for at the unit price bid per square yard of completed and accepted work, which
price shall be full compensation for excavation and fine grading the driveway, including
fumishing and installing sand cushion, all reinforcing steel, hauling and handling all
concrete ingredients, mixing and placing concrete, finishing, curing, cleaning, and sealing
joints; and placing longitudinal, reinforcing steel and all incidentals necessary to complete
the work.
Technical Specifications 16 of 19
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TECHNICAL SPECIFICATIONS
CLP Project No. 98-4503
ITEM VII
BANK SAND
1. DESCRIPTION
1.1 The work covered by this $9dion consists of furnishing all plant equipment, labor,
materials, and performance of all operations for placement of sand used as a cushion for
sidewalks, driveways and wheelchair ramps, as well as extra sand ordered by the
Engineer.
2. MATERIALS
2.1 Sand: The sand shall be a river sand free from roots and other objedionable
matter.
3. CONSTRUCTION METHODS
3.1 Sand shall be placed, as directed by the Owner, in not more than four (4) inch
layers, loose measured and compacted with mechanical tamps or other approved
equipment.
4. MEASUREMENT
4.1 Sand ordered by the Engineer will be measured by the cubic yard based on
delivery haul tickets which shall be provided to the Owner's representative on the day of
the delivery. The sand tickets shall be subject to inspection and verification by
determining the load capacity of the delivery vehicle(s). Sand used as a cushion for
sidewalks, driveways and wheelchair. ramps is considered incidental to the work, and will
not be measured separately.
5. PAYMENT-
5.1 Sand ordered by the Engineer will be paid by the unit price bid per cubic yard.
Sand used as a cushion for sidewalks, driveways and wheelchair ramps is considered
incidental to the.work, and payment is included in the unit cost for each of these items.
Technical Specifications 17 of 19
"
This sed ion deleted.
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TECHNICAL SPECIFICATIONS
CLP Project No. 98-4503
ITEM VIII
ST. AUGUSllNE BLOCK SODDING
Technical Specifications 18 of 19
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TECHNICAL SPECIFICATIONS
CLP Project No. 98-4503
ITEM IX
CEMENT STABILIZED SAND
1. DESCRIPTION
1.1 The work covered by this sedion consists of furnishing all plant equipment,
labor, materials, and performance of all. operations for cement stabilized sand backfill in
trench excavation as ordered by the Engineer.
2. MATERIALS
2.1 Sand: The sand shall be a river sand free from roots and other
objectionable matter.
2.2 Portland Cement: Cement used shall be a standard brand of Portland
Cement. It shall conform to the latest specifications of ASTM Designation C-150, Type I.
2.3 Water: Water used in the sand-cement mixing operation shall be approved
by the Owner's Representative and tested in accordance with AASHO T-26.
3. PROPORTIONAL AND MIXING
3.1 Mixture shall have not less than 2 sacks of Portland cement per cubic yard.
Add required amount of water and mix thorOughly in an approved mix type mixer. Design
sand-cement mixture to produce a minimum unconfined compressive strength of 100
pounds per square inch in 48 hours when compaded to 95% in accordance with ASTM D
698.
4. CONSTRUCTION METHOD
4.1 Cement stabilized sand shall be placed at optimum moisture content at the
location as shown on the plans in not more than 6 inch layers, loose measure, and
compaded with mechanical tamps or other approved equipment, to at least 95 percent of
standard AASHO T-99 density. .
5. MEASUREMENT
5.1 Cement stabilized sand will be measured for payment by the ton.
6. PAYMENT
6.1 Cement stabilized sand backfill will be paid by the unit price bid per ton.
* END *
Technical Specifications 19 of 19
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.REO.lT .FOR CITY COUNCIL AGENDA tlM
Agenda Date Requested: July 27. 1998
Requested By: Doug Kneup~ Department: Planning
x Report _ Resolution x Ordinance
Exhibits:
1.
2.
3.
Dangerous building bid tabulation.
Ordinance authorizing award of demolition contract.
List of structures to be demolished.
SUMMARY & RECOMMENDATION
On July 20, 1998 the City opened bids for demolition of twelve (12) condemned structures and six (6) structures on city
owned property. Bid requests were mailed to twelve (12) vendors with eight (8) returning bids.
The owner of two (2) of the condemned structures (931 Parkway and 1105 & 1107 Bayshore) hired a contractor to
demolish their structures. The demolition permits for each structure was issued on July 20, 1998 and work is scheduled
to begin within the next week. With the issuance of these pennits, ten (10) remaining structures need to be demolished.
A bid comparison for the remaining sixteen (J 6) structures was prepared. However, since the original bid publication
date, the city has decided to delete five (5) of the "city-owned" structures which are shown as item #11 - 15 on the bid
tabulation fonn attached. A new comparison was done to cover the remaining eleven (11) structures.
The lowest bid ($36,500.00) meeting all requirements, was submitted by Daniel's Dump Truck Hauling. Staff
recommends awarding the demolition contract to Daniel's Dump Truck Hauling. One structure for $3,500.00 will be
funded from the Airport Fund, leaving $33,000 to be funded from the General Fund. This year's budget was $20,000.
To complete this project, $14,000.00 will be transferred from the Contingency Account.
Action Required by Council:
Consider approving an ordinance authorizing the City Manager to execute a contract with Daniel's Dump Truck
Hauling in the amount of $36,500.00 for demolition of eleven (11) structures.
A vailability of Funds:
---L General Fund
_ Capital Improvement
-2L- Other (Airport Fund)
Water/Wastewater
_ General Revenue Sharing
Account Number: #001.-9092-524-6021
Account Number: #010-9891-746-1100
Funds Available:
.Funds Available:
.x.. YES
x YES
NO
NO
-
BID TABULA TION - DEMOLITION OF BUILDINGS
C & C TREE DURRETT
DEMO, INC. EXPERTS DEMOLITION
$17,800.00 $12,500.00 $17,550.00 $ 16,798.00
$ 2,400.00 $ 5,000.00 $ 4,432.00 $ 8,198.00
$ 8,000.00 $ 7,200.00 $ 7,448.00 $ 12,177.00
$ 4,100.00 $ 7,000.00 $ 6,832.00 $ 9,000.00
$ 3,400.00 $ 1,800.00 $ 1,400.00 $ 3,479.00
$ 5,000.00 $ 4,000.00 $ 5,725.00 $ 10,000.00
$ 5,900.00 $ 4,800.00 $ 3,368.00 $ 6,575.00
$ 2,200.00 $ 3,600.00 $ 2,760.00 $ 6,300.00
$ 9,600.00 $ 7,400.00 $10,364.00 $ 18,600.00
$ 2,800.00 $ 4,800.00 $ 1,638.00 $ 5,500.00
$ 8,200.00 $ 6,500.00 $12,642.00 $ 9.840.00
CST
ENVIRO
ART
DEMOLITION
& ENVIRO
! 4,547.00
! 4,547.00
! 4,547.00
! 4,547.00
! 4,547.00
! 4,547.00
! 4,547.00
! 4,547.00
! 4,547.00
! 4,547.00
$ 4,547.00
HOOT &
RECOVERY HOOT
CONTRACTORS I DEMOLITION
- -
! 14,750.00!
! 2,950.00!
! 9,835.00!
! 4,590.00!
! 1,760.00!
! 3,71Q.00!
! 3,962.00!
! 2,420.00!
! 8,990.00!
! 1,916.00!
$ 9,591.00 $
16,000.00
1,500.00
3,400.00
4,700.00
1,000.00
4,700.00
3,200.00
2,200.00
19,000.00
900.00
6,800.00
9,000.00
2,000.00
4,000.00
3,000.00
700.00
2,500.00
1,500.00
1,500.00
8.000.00
800.00
3,500.00
DANIEL'S
DUMP
TRUCK
$
$
$
$
$
$
$
$
$
$
$
1
1
1
1
1
1
1
1
1
1
1
aT
DESCRIPTION
1) 2818 S. Broadway
2) 1702 S. Broadway
3) 110 "E" Street
4) 734 So. Blackwell
5) 200 Blk. So. Carroll
6) 216 S. Carroll
7) 114 So. Carroll
8) 213 E. Main
9) 112,113 & 116 S. Broadway
10) 9225 Carlow
16) 10506 No. "H" Street
-
63,400.00 I $ 50,017.00 T $ 69,400.00 T $ 64,600.00 I $ 74,159.00 I $ 106,467.00
64,482.00 I $
r $ 36,500.00 I $
T
Total with the deletion of
terns #11-15
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ORDINANCE NO. 98- 226 8
C~~\\O
"UIur--11
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND DANIEL"'S DUMP TRUCK
AND HAULING, INC. FOR THE DEMOLITION OF CONDEMNED
STRUCTURES; APPROPRIATING $36,500.00 TO FUND SAID
CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
Section 1. The City Council hereby approves and authorizes the
contract; agreement, or other undertaking described in the title of this
ordinance, in substantially the form as shown in the document which is
attached hereto and incorporated herein by this reference. The City
Manager is hereby authorized to execute such document and all related
documents on behalf of the City of La Porte. The City Secretary is hereby
authorized to attest to all such signatures and to affIX the seal of the City
to all such documents. City Council appropriates the sum of $33,000.00
from the ~eneral fund account number 001-9092-524-6021 and
$3,500.00 from the airport fund account #010-9891-746-1100 to fund
said contract.
Section 2. The City Council officially finds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
ORDINANCE NOeS- 2 268
~~~~
~~u1i
open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 3. This Ordinanbe shall be effective from and after its
. I
passage and approval, and it is so ordered.
I
PASSED AND APPROVED, this 27th day of July, 1998.
By:
~ LA PORTE
~~~
N rmari L. Malone, ---
Mayor
Attest:
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DANGEROUS BUll..DING
Spring 1998
CO. ;:,~~' .p
,. ......
.... .. ... ,
. . ....
May 11, 1998
1. 2818 So. Broadway - One story structure (Old Skating Rink)
2. 1702 So. Broadway - One story structure (Old Porky's gas station)
3. 110 "En St. - Two story house
4. 734 So. Blackwell- One story house
5. 200 Blk. So. Carroll- One story house
6. 216 So. Carroll -,One story house
7. 114 So. Carroll- One story house
8. 213 E. Main - One story commercial building
9. 112. 114 & 116 So. Broad':Vay - One and two story
commercial & residential structures (Old Posey's buildings)
10. 9225 Carlow - On~ story structure (Old Spenwick Civic Club)
11. 10506 N. H Street - One story house with detached garage.
The following structures have been removed from the list and no City
Council action is needed.
Contractor hired by Owner has obtained a demolition permit:
a) 93 I Parkway
b) 1105 & 1107 Bayshore
City owned structures to be sold for rehabilitation.
a) 509 N. 3rd Street
b) 513 N. 3rd Street
c) 517 N. 3rd Street
d) 521 N. 3rd Street
e) 618 N. 1st Street
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REQU& FOR CITY COUNCIL AGE.A ITEM
Agenda Date Requested: July 27, 1998
Requested By: Doug Kneupp~ Department: Planning
Report Resolution X Ordinance
Exhibits: Ordinance
Bid Tabulation
BidderLList
. Summary & Recommendation
As part of the FY 97-98 Budget for Capital Improvement Projects, City Council approved
$139,336 for the Fire Training Facility/EMS Storage, and $40,000 for Paving at Fire Training
Facility. The Fire Training Facility/EMS Storage project entails various improvements to the
Fire Training and Emergency Medical Services facilities, including the addition of rest rooms,
storage for supplies, and an equipment bay. The paving at the Fire Training Facility involves
upgrading the existing open ditches to concrete lined and complete site paving. The
additional funds will come from Fund 015 Contingency which has a balance of $84,000.
Survey, design and engineering were performed on this project utilizing City staff. On July
16, 1998, the City received competitive bids from five qualified contractors (see attached Bid
Tabulation). The low bid was submitted by Derk Harmsen Construction Co., Inc. located in
Deer Park, TX, Texas in the amount of $141;818.00 for base bid, and $40,034.25 for additional
concrete paving.
Staff has reviewed the bids submitted and determined that Derk Harmsen Construction Co.,
Inc. is qualified to perform this work. Staff recommends that the City Council authorize the
City Manager to execute a contract with Derk Harmsen Construction Co., Inc. in the
amount of $181,852.25 for construction of the FIRE TRAINING FACILITY TRUCK
BAY/STORAGE BUILDING. In addition, it is recommended that $9,092.61 be set aside as
contingency for a total of $190,944.86 for the project.
Action Required by Council:
Consider approving an ordinance authorizing the City Manager to execute a contract with
Derk Harmsen Construction Co., Inc. in the amount of $181,852.25 for construction of the
FIRE TRAINING FACILITY TRUCK BAY/STORAGE BUILDING and further
authorizing $9,092.61 to be set aside for contingency.
Availability of Funds:
General Fund
X Capital Improvement
Other
Account Number:
Account Number:
Water /W astewater
General Revenue Sharing
015-9892-501-1100
015-9892-748-1100
Funds Available: X Yes
Funds Available: X Yes
No
No
Date
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COPY.
. .": ;....
. .. ~
!'. . .,.' ", ."
.~;: .. ." ::. .:
ORDINANCE NO. 98- 2269
AN ORDINANCE APPROVI",G AND AUTHORIZING A CONTRACT
BETWEEN THE CITY 0" LA PORTE AND DERK HARMSEN
CONSTRUCTION CO., INC. FOR CONSTRUCTION OF THE FIRE
TRAINING FACILITY TRUCK BAY I STORAGE BUILDING;
APPROPRIATING $181,852.25 PLUS..A CONTINGENCY OF $9,092.61
TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE .OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement, or other undertaking described in the title of this
ordinance, in substantially the form as shown in the document which is
attached hereto and incorporated herein by this reference. The" City
Manager is hereby authorized to execute such document and all related
documents on behalf of the City of La Porte. The City Secretary is hereby
authorized to attest to all such signatures and to affIx the seal of the City
to all such documents. City Council appropriates the sum of
$181,852.25 plus a contingency of $9,092.61 from Capital Improvement
Fund 015 to fund said contract.
Section 2. The City Council officially finds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
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C.O" ~
. -": ~. ;g".~
.... '. .... ,\~'. ~
ORDINANCE NO. 98- 2269
open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 27th day of July, 1998.
By:
~ LA PORfE
.. ~~
No an L. Malone,
Mayor
A'ITEST:
r
I
CITY OF LA PORTE # 95-2201
FIRE TRAINING FACILITY TRUCK BAY/STORAGE BUILDING
BID TABULATION
:.:"'-:;;)A!>J;f:;.:' ....
.:~tERNATE
':'/.~. :;.:.(Wi~;}.~'_; .,:.
:'.' y >'~.~~:~.:"~ \..:',
AL. . TEn~TATE'
,'L; :;'~::;'.:f~ !;;:::. :.'; .;',;;:
':':"'BASEi'BID q'_.
~ti:..:.:~;.,. i.;: '.':';:~':.<i .i::.:{
.~~;:;~: t~t: .~~.~~L~ "{:. ;;. f ~~'::.\~~;~
- -
.). ~QE,l~]~l.; -'I...... 'RE,CJ!JVI;D~:- ~..
~;El~#"; IX0;'n~,
.;\'DA YS"T.O'\.
... .', .;.... -,;', ..o.;. . 'I
;.eO;MJ>.LETE';
: '\ ~;~~i~;j~~!~~~/g
.........'CON-..r-rn.A..CT. 0.. D"N.;A-ll\i"'.;-"'-i.' '.''''B. m." ,..
...~. 'J..l\..t.'\. ~ n: .tUvm 0" . ~.'-' .'..~.
.:} ,,:. "., ....: ~"o:.:~ ..::' ~';:."'.. ~..:. .:.: -:', . ::i -.;'::. . ~.;; ~~. ....~. ~"':,<~::
.,' '. u .... -, . " '"'' .,..... "BOND'l
~~::~~'i:i.;~ ~~Z:,~.' :~> :'{:ii;~:~ :,.~~:::-:\~:~:::~~:~~-,)~;;~:~~:, ?~~:,;-:}.::,:~~:~,.~:;:
...
$3,690.00*
$148,750.00
Y
y
180
Y
Construction
Houston, Inc.
Commodore Construction
Masters of
$52,222.50*
$4,920.00
$43,255.00
$184,500.00
$~52,778.00
$240,030.00
Y
y
Y
Y
Y
Y
151
120
150
Y
Y
Y
Derk Harmsen Construction
Co., Inc.
DT Construction
$4,428.00
$35,606.25
$40,090.00
$5,084.00
60
$14,661
$63,162.85
$156,638.35
Y
Y
120
Y
Follis Construction
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~. -. .
. .
C9
l?J
~
square feet prices
Contract called for square yards, bidder @
Adjusted prices based on mistake on unit of measure.
*Note:
.CITY OF LA PORTE #95-22" C(()[P)"Yf
FIRE TRAINING FACILITY TRUCK BAY/STORAGE BUILDING
BIDDER'S LIST
Advertising
The Bayshore Sun - July 1 & July 8, 1998
La Porte-Bayshore
Chamber of Commerce
Bid Notice Faxed
Angel Brothers Construction
PO Box 570
Bay town, TX 77522
Clear Lake Construction
1909 Marvin Circle
Seabroo, TX 77586
DT Construction
107 W. First Street, Suite 207
Humble, TX 77338
Construction Masters of Houston, Inc.
PO Box 1587
Pearland, TX 77588
Commodore Construction
55 Lylerly, Suite 100
Houston, TX 77022
Derk Hannsen Construction
2820 Center Street
Deer PaIk, TX 77536
Follis Construction
III N. Broadway
La Porte, TX 77571
FORCE Corpomtion
PO Box 1079
La Porte, TX 77572-1079
Frost Constructors
20202 Highway 59 North
Humble, TX 77338
Moore & Moore General Contractors
POBox 1517
LaPorte, TX 77572-1517
Marcus Thomas & Co.
PO Box 90190
Houston, 1X 77290
R.L. Utilities
PO Box 1154
La Porte, TX 77571
Whirlwind Building SY$tems
8934 Hansen
Houston, TX 77075
Contractors That Picked Up Plans & Specifications
Commodore Construction Construction Masters of Houston, Inc.
55 Lylerly, Suite 100 PO Box 1587
Houston, TX 77022 Pearland, TX 77588
Derk Hannsen Construction
2820 Center Street
Deer PaIk, TX 77536
DT Construction, Inc.
107 W. First Street, Suite 207
Humble, TX 77338
Follis Construction
III N. Broadway
La Porte, TX 77571
Frost Constructors
20202 Highway 59 North
Humble, TX 77338
Moore & Moore General Contractors
PO Box 1517
La Porte, TX 77572-1517
MS Young Co.
PO Box 682
Baytown, TX 77522
Nexus Construction Assoc.
884 Katy Freeway, SUite 400
Houston, TX 77280-0022
Reeder Plumbing Company
128 S. 8th Street
La Porte, TX 77571
Whirlwind Building Systems
8934 Hansen
Houston, TX 77075
e SPECIFICATIONS e
AND
CONTRACT DOCUMENTS
FOR
FIRE TRAINING FACILITY
TRUCK BAY I STORAGE
BUILDING
~""""'" '
--~E. or- T.r- \\
---~~..........~~ ~ ,
, ~.. * '.':'IIS' I
, .- -.. .
1'*/ ....*"
#.: ~*~
.,............... .................... ...,
I DOUGLAS K. KNEUPPER ~
~............. .......................,
t'. . ~~. ~
,,~\ 77 5 ./~
~QI ~,,'$~_
\~8ioNAr~~.;..- /"(1 -
7'-'~~'~ 8
'CITY OF LA PORTE, TEXAS
JULY 1998
CLP PROJECT NO. 95-2201
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CITY OF LA PORTE
FIRE TRAINING FACIlLITY TRUCK BAY I EMS STORAGE BUILDING
CLP PROJECT NO. 95-2201
TABLE OF CONTENTS
SECTION................................,.......................................................................................PAGES
Notice to Bidders.... ................... .................... .... ..... ............... .......................................... 1
Scope of Work. .... ............................................ ............. ............ ..... ..... ............. ................ 1
Instructions to Bidders ............ ............ ........ ........ ..... ............... ............ ..... ........ ......... .......5
Proposal....................... ......................................................... ...........................................3
Agreement ................. ...........................;................................................................ ..........2
Payn1ent Bond............................... ............ ........................ ............ ...... ........... ...... ...........2
Pmonnance Bond..................................... ....... ...............................................................2
General Conditions..... ..... ........ ............. ..... .............. ............. ....... .... .............. ... ...............42
Supplementary Conditions... .... ................... ............. .......... ... ........... ... ................ ......... .... 10
T echnica1 Specifications............................................................................. ~..................... 114
Plans ........ ................ ........... .... ........ ................ ..... ............... ..... .............. ..... ........ ........ ..... 8
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NOTICE TO BIDDERS
1. Sealed bids, in duplicate, on the original forms, signed by an officer of the Company, and
addressed to Martha Gillett, City Secretary, City of La Porte, 604 W. Fainnont Parkway, P.O.
Box 1115, La Porte, Texas 77572-1115 will be received until 4:00 PM, July 16, 1998, for the
construction of:
CITY OF LA PORn;
FIRE TRAINlNG FACILITY TRUCK BAY/STORAGE BUILDING
CLP PROJECT NO. 95-2201
2. Bidders are requested to attend a pre-bid conference to be held in the Council Chambers at
City Hall, 604 W. Fainnont Parkway, La Porte, Texas, on July 9th. 1998 , at
11:00 AM.
3. Interested contractors may obtain plans, specifications and necessary bidding infonnation at no
cost from:
CITY OF LA PORTE
PLANNING DEPARTMENT
604 W. FAlRMONT PARKWAY
LA PORTE, TEXAS 77571
(281) 471-5020
4. Each PROPOSAL shall be accompanied by a cashier's check, certified check, or bid bond from
a surety company licensed in the State of Texas in an amount not less than five percent (5%) of
the total amount bid, as a guarantee that the successful bidder will enter into a Contract and
execute the Bond(s) if required, within ten (10) days after the receipt of the Contract
Documents.
5. The City of Porte hereby notifies all bidders that in regard to any Agreement entered into
pursuant to this advertisement, minority business enterprises will be afforded equal
opportunities to submit bids in response to this invitation and will not be discriminated against
on the grounds of race, color, sex, age, religion or national origin in consideration for an
award.
6. The Owners reserve the right to reject any and all bids and to waive informalities in bidding. In
case of ambiguity or lack of clearness in stating the prices in the bid, the Owner reserves the
right to consider the most advantageous construction thereof or to reject the bid.
CITY OF LAPORTE
Martha Gillett
City Secretary
Notice 1 on
.
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SCOPE OF WORK
CLP Project No. 95-2201
Scope is defmed as a turn key project with the contractor providing the building and foundation,
mechanical, electrical, and plumbing design and cOns~ction. The project consists of a truck bay,
storage room, men's and women I s restrooms, covered outdoor area, and area paving and drainage
work.
The building will have a concrete, drilled footing foundation, pre-engineered, steel framing, metal
exterior and roof, and varied interior fInishes. All portions of this project shall be constructed in
strict conformance with the Americans with Disabilities Act and the Texas Architectural Barriers
Act.
Bidder should note that some of the work shown on the plans is designated to be performed by the
City of La Porte. Bidder will be responsible for clean up of the site after the project is complete.
Contractor will be required to obtain all building permits associated with this project. However,
fees for building permits will be waived.
At completion of the work, the Contractor shall:
1. Turn over the Project in a clean, as-new condition.
2. Instruct the OWner in operation of systems.
3. Deliver all keys to Owner.
4. Deliver all guarantees and warranties to Owner.
5. Deliver marked up Record Drawings to Owner.
Scope or Work 1 or 1
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INSTRUCTIONS TO BIDDERS
RECEIPT AND OPENING OF BIDS
The City of La Porte (herein called "Owner"), invites bids on the fonn attached hereto, all
blanks of which must be appropriately filled in. Bids will be received by the Owner at the
office of the City Secretary, until the time and date indicated within the NOTICE TO
BIDDERS, and then at said office publicly opened and read aloud. The envelopes
containing the bids must be sealed and addressed to Martha Gillett, City Secretary at
P.O. Box 1115,604 W. Fainnont Parkway, La Porte, Texas 77571.
The Owner may consider informal any bid not prepared and submitted in accordance with
the provisions hereof and may waive any informalities or reject any and all bids. Any bid
may be withdrawn prior to the above scheduled time for the opening of bids or authorized
postponement thereof. Any bid received after the time and date specified shall not be
cOnsidered. No bidder may withdraw a bid within thirty (30) days after the actual date of
the opening thereof.
PREPARATION OF BID
Each bid must be submitted on the prescnbed fonn. All blank spaces for bid prices must be
filled in, in ink or typewritten, in both words and figures, and must be fully completed and
executed when submitted.
Each bid must be submitted in duplicate in a sealed envelope bearing on the outside the
name of the bidder, his address, and the name of the project for which the bid is submitted.
If forwarded by mail, the sealed envelope containing the bid must be enclosed in another
envelope, address as specified in the bid fonn.
SUBCONTRAcrs
The bidder is specifically advised that any person, finn, or other party to whom it is
proposed to award a subcontract under this contract must be acceptable to the Owner.
Bidders IIUly not subcontract more than fifty percent (50%) of the work.
TELEGRAPHIC MODIFICATION
Any bidder may modify his bid by telegraphic communication at any time prior to the
scheduled closing time for receipt of bids, provided such telegraphic communication is
received by the Owner prior to the closing time and, .provided further, the Owner is
lDsIruc:tioDS 1 of 5
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satisfied that a written conftrmation of the telegraphic modification of the bidder was mailed
prior to the closing time. The telegraphic communication should not reveal the bid price
but should provide the addition or subtraction or other modification so that the final prices
or terms will not be known by the Owner until the sealed bid is opened. If written
confirmation is not received within two (2) days from the closing time, no consideration
will be given to the telegraphic modification.
METHOD OF BIDDING
The Owner invites the following type of bid: Lmnp Smn and Unit Price Bid
QUALIFICATIONS OF BIDDER
,.
The Owner may make such investigations as he deems necessary to determine the ability of
the bidder to perform the work, and the bidder shall furnish to the Owner all such
information and data for this purpose as the Owner may request. The Owner reserves the
right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to
satisfy the Owner that such bidder is properly qualified to carry out the obligations of the
contract and to complete the work contemplated therein. Conditional bids will not be
accepted.
BID SECURITY
Each bid must be accompanied by a cashier's check, a certified check of the bidder, or a
bid bond prepared, duly executed on the form enclosed herein by the bidder as principal and
having as surety thereon a surety company approved by the Owner, in the amount of five
percent (S %) of the bid. Such checks or bid bonds will be returned to all except the three
(3) lowest bidders within three .(3) days after the opening of bids, and the remaining checks
or bid bonds will be returned promptly after the Owner and the accepted bidder have
executed the contract,. or, if no award has been made within thirty (30) days after the date
of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has
not been notified of the acceptance of his bid.
LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACf
The successful bidder, upon his failure or refusal to execute and deliver the contract and
bonds required within ten (10) days after he has received notice of the acceptance of his bid,
shall forfeit to the OwDer, as liquidated damages for such failure or refusal, the security
deposited with his bid.
InsIructiODS 2 of 5
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TIME OF COMPLETION AND LIQUIDATED DAMAGES
Time is of the essence in this project and the contractor must diligently pursue the
construction of the work so as to offer it for fInal acceptance by the Owner within the time
limit specifIed in the proposal. Liquidated daInages of $100.00 per day shall be chargeable
for each day the work remains incomplete past the stated time limit.
CONDmONS OF WORK
Each bidder must inform himself fully of the conditions relating to the construction of the
project and the employment of labor thereon. Failure to do so will not relieve a successful
bidder of his obligation to furnish all material and labor necessary to carry out the
provisions of his contract. .Insofar as possible the contractor, in carrying out his work, must
employ such methods or means as will not cause any interruption of or interference with the
work of any other contractor.
ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of the plans, specifIcations or other pre-bid documents will
be made to any bidder orally. Every request for such interpretation should be in writing
addressed to "City of La Porte, Attn: Planning Department, P.O. Box 1115, La Porte,
Texas 77572-1115" and to be given consideration must be received at least five (5) days
prior to the date fixed from the opening of bids. Any and all such interpretations or any
supplemental instructions will be in the form of written addenda to the specifIcations which,
if issued, will be mailed by certifIed mail with return receipt requested to all prospective
bidders (at the respective addresses furnished for such purposes), not later than three (3)
days prior to the date fIXed for the opening of bids. Failure of any bidder to receive any
such addendum or interpretation shall not relieve such bidder from any obligation under his
bid as submitted. All addenda so issued shall become part of the contract documents.
CONTRACT SECURITY
The Contractor shall be required to furnish perfonnance and payment bonds, executed on
the forms enclosed herein, each bond in an amount at least equal to one hundred percent
(100%) of the total contract price, as security for the faithful performance of the contract
and for the payment of all persons performing labor or furnishing materials and equipment
on the project.
lDsuuc:tioDS 3 of 5
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NanCE OF SUPPLEMENTAL GENERAL CONDmONS AND SPECIAL CONDmONS
Attention is particularly called to those parts of the contract documents and specifications
which deal with the following: .
a. Survey, Permits and Regulations
b. Protection of Work and Property
c. Time of Completion and Liquidated Damages
d. Subsurface Conditions FoUnd Different
e. Insurance
f. Separate Contract
g. Subcontracting
h. Photographs of the Project
LAWS AND REGULATIONS
The bidder's attention is directed to the fact that all applicable State laws, municipal
ordinances, and the rules and regulations of all authorities having jurisdiction over
construction of the project shall apply to the contract throughout, and they will be deemed
to be included in the contract the same as though herein written out in full.
METHOD OF AWARD - LOWEST QUALIFIED BIDDERS
If at the time this contract is to be awarded, the lowest base bid submitted by a responsible
bidder does not exceed the amount of funds then estimated by the Owner as available to
fmance the contract, the contract will be awarded on the base bid only. If such bid exceeds
such amount, the Owner may reject all bids.
The Owner further reserves the right to award the contract based on an adjusted base bid,
which shall consist of any combination of alternate bid items and bid items included in the
base bid.
OBLIGATION OFBIDDER
At the time of the opening of bids each bidder will be presumed to have inspected the site
and to have read and to be thoroughly familiar with the plans and contract documents
(including all addenda). The failure or omission of any bidder to examine any form,
instrument or document shall in no way relieve any bidder from any obligation in respect to
his bid.
Inslnu:riODS 4 of'
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SAFETY STANDARDS AND ACCIDENT PREVENTION
With respect to all work performed under this contract, the Contractor shall:
(1) Comply with the safety standards provisions of applicable laws, building and
construction codes and the "Manual 'of Accident Prevention in Construction"
published by the Associated General Contractors of America, and the requirements
of the Occupational Safety and Health Act of 1970 (Public Law 91-596).
(2) Exercise every precaution at all times for the prevention of accidents and the
protection of persons (including employees) and property.
(3) Maintain at his office or other well known place at the job site, all articles necessary
. for giving fIrst aid to the injured, and shall make standing arrangements for the
immediate removal to a hospital or a doctor's care of persons (including
employees), who maybe injured on the job site. In no case shall employees be
permitted to work at a job site before the employer has made a standing
arrangement for removal of injured persons to a hospital or a doctor's care.
1DsInac:dcms 5 of 5
BID PRO.AL FOR UlSIT PRICE CO~CT
- Co., Inc.
Proposal of Derk Hannsen Construction (hereinafter called "Bidder")* a
corporation, ~ni7ed and existing under the laws of the State of TX , * a partnership, or an individual doing
business as Contractor to the City of La Porte, Texas (hereinafter called "Owner").
Ladies and Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of Fire Training FadIity Tn1ck
Bay I EMS Storage BuDding Project per plans and specifications prepared by the City of La Porte, and' having
examined the plans and specifications with related documents and the site of the proposed work, and being familiar
with all of the conditions surrounding the construction of the proposed project including the availability of materials
and labor, hereby proposes to furnish a111abor, materials and supplies and to construct the project in accordance with
the contract documents, within the time set forth therein, and at the prices stated in the attached Bid Schedule. These
prices are to cover all expenses incurred in performing the work required under the contract documents, of which this
proposal is a part.
Bidder hereby agrees to commence work under this oontract on a date to be specified in written "Notice to
Proceed" of the Owner and to fully complete the project within 120 consecutive calendar days thereafter as
stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $100.00 for each
consecutive calendar day thereafter as provided in Paragraph SC-6 of the Supplementary Conditions of the
Agreement.
Bidder acknowledges receipt of the following addendum:
111 & 112
[)j\11E: 7/16/98
Proposal 1 or 3
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BASE BID PROPOSAL
BASE PROPOSAL: Bidder agrees to perform all of the work shown on the plans and further described in the
specifications for the sum of One Hundred Fifty Two.Seven Hundred seventy Ei2ht dollars ($ 152,778.00 ).
(AmOunt shall be shown in both words and figures. In case of d.isaepancy, the amount shown in words will
govern.)
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in
the bidding.
The bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar
days after the scheduled closing time for receiving bids.
Upon receipt of written notice of the acceptance of this bid, bidders will execute the formal contract attached
within ten (10) days and deliver a Surety Bond or Bonds as required by the General Conditions. The bid security
attached in the sum of SPvPn 'T'hnl1c,,:mrl c::;v Ul1nrlrOt'! Thirty Nine ($ 7.639.00 ) is to become the property
of the Owner in the event the contract and bonds are not executed within the time above set forth, as liquidated
damages for the delay and additional expense to the Owner caused thereby.
Respectfully submitted :
BY: Steve G. Wiggin,gton
(Authorized Person)
(fyped or neatly written)
~~
(Signature of Authori.zed erson)
(SEAL)
Vice President
(fitle)
2820 Center St.
(Business Address)
Deer Park
(City)
'IX 77536
(State) (Zip Code)
281-479-3400
(felephone Number)
ProposaJ 2 of 3
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STATEMENT OF MATERIALS AND OTHER CHARGES
MATERIALS INCORPORATED INTO mE PROJECf:
ALL 011IER CHARGES:
TOfAL:
$ 79,980.00
$ 72,798.00
$ 152, n8.oo
This total must agree with the total "Total Amount Bid" fi~ shown on the bid sheet.
For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material
incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice
price for such material to the Contractor. '
~ .~
C\\~~ ~f .
Y' ,
Proposal 3 of 3
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BID SCHEDULE
DESCRIPTION FIRE TRAINING FACILITY TRUCK BAY I EMS STORAGE BUILDING
P~O IECT ~II. 1I:~. -
ITEM I DESCRIPTION UNIT ESTIMATED UNIT PRICE (WORDS) I UNIT PRICE I TOTAL
NO. QUANTITIES (NUMBERS)
BASE BID
e
TOTAL BASE BID
1 PRE-ENGINEERED METAL LS 1
BUILDING INCLUDING
FOUNDATION, STRUCTURE,
ELECTRICAL, MECHANICAL, One Hundred Forty <k1e
PLUMBING, RESTROOM 'lhousand, Eight Hundred $ 141,818.00 $ 141,818.00
FIXTURES, DRIVEWAY, SIDEWALK,
EARTHWORK, AND ALL EiS?hteen dollars and
ASSOCIATED ITEMS cents
2 e- PVC, SDR-35 SEWER LINE LF 275 Thirtv Two $ 32.00 _$ 8~l8OO.oo
dollars and
cents
3 15- RCP UNDER DRIVEWAY LF 60 , Thirty Six
INCLUDING STABILIZED SAND dollars and $ 36.00 $ 2,160.00
BEDDING - .
cents
$
152,778.00
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TOTAL ALTERNATE 2
1 4" THICK, STEEL REINFORCED, SY 164 Twenty seven
CONCRETE PAVING INCLUDING dollars and
SAND BEDDING No cents $ 27.00 $ 4.428.00
ADD ALTERNATE 2
$
40,034.00
TOTAL ALTERNATE
1 6" THICK STEEL REINFORCED SY 1,055 'lhirty Three
CONCRETE PAVING INCLUDING dollars and $ 33.75 $ 35,606.00
LIME STABILIZED SUBGRADE Seventy Five cents
1
ADD ALTERNATE
1
ITEM IlDESCRIPTION
NO.
ESTIMA TED
QUANTITIES
UNIT PRICE (WORDS)
UNIT PRICE
NUMBERS
TOTAL
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AGREEMENT
CLP Project No. 95-2201
THIS AGREEMENT, made this 27th day of Julv , 1998, by and
between the CITY OF LA PORTE, hereinafter called "Owner", acting herein through its
CITY MANAGER and Derk Harmsen Construction Co.. Inc.
(Name of Contracting Firm)
Strike out inapplicable terms: (a corporation) (a partnership) or (an individual doing
business as:) of Deer Park, County of Harris I
and State of Texas, hereinafter called "Contractor".
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR
hereby agrees with the OWNER to commence and complete the construction described
as follows:
FIRE TRAINING FACILITY TRUCK BAY / STORAGE BUILDING
CLP PROJECT NO. 95-2201
hereinafter called the project, for the Total Price of one-hundred eighty-one thousand
eight-hundred fifty-two and 25/00 Dollars ($ 181.852.25) and all extra work in
connection therewith, under the terms as stated in the General and Supplementary
Conditions of the Contract; and
Further, that the CONTRACTOR agrees, at his (its or their) own proper cost and
expense, to furnish all the materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories and services necessary to
complete the said project in accordance with:
A. The terms and conditions stated in the Proposal and in the General
Conditions, and Supplementary Conditions of this Contract; Scope of Work
B. The plans, which include all maps, plats, blue prints, and other drawings
and printed or written explanatory matter thereof; and
C. The Specifications and other contract documents therefore, as prepared
by the City of La Porte, all of which are made a part hereof and collectively evidence
and constitute the contract.
Agreement 1 of 2
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The CONTRACTOR hereby agrees to commence work under this contract on or before
a date to be specified in a written "Notice to Proceed" of the Owner and to fully
complete the project within 120 calendar days thereafter.
The CONTRACTOR further agrees to pay, as liquidated damages, the sum of _
$100 for each consecutive calendar day thereafter as hereinafter provided in
Paragraph SC-6 of the Supplementary Conditions.
IN WITNESS WHEREOF, the parties to these present have executed this
contract, each of which shall be deemed an original, in the year and day first above
mentioned.
City of La Porte
Name of Owner
SEAL
By:G~T.~
Robert T. Herrera
Attest:
BY:~~ a. )(1fJMJ.
Martha Gillett -
City Manager
Title
City Secretary
Title
SEAL
~(,.
Signature of Aut oriz
y;;,~ jJreside^t
Title of Authorized Person
fkIJ)/,~i .
)tJrt!. V~' JJo oIfCw/r 'f JJ-.
Witness
By:
'2t2o C'Pf)~/l Sf: D,tI'Ptp, '775.:16
Address and Zip Code
Approved as t
Agreement 2.of 2
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\ PAYMENT BOND
STATE OF TEXAS
COUNTY OF HARRIS
DERK HARMSEN
KNOW ALL MEN BY mESE PRESENTS: That CONSTRUCI' ION , I~rfhe City of
DEER PARK County of HARRIS - ,and State of TPYA" , as principal, and
MERCHANTS BONDING COMPANY authorized under the laws of the State of Texas to act as surety on
bonds,...~ nrincloak....are held and flIlD!YA ~~ unto The City of La Porte (Owner). in the penal
sum o't'lL:. fIUNDREIr nIGHTY _ONE THOU~l1i6I~RED FI~~e payment whereof, me
said Principal and Surety bind themselves, and their heirs. .~&ators, executors, successors and
as.qigJ1-~. jointly and severally, by these presents:
WHEREAS. the Principal has entered into a certain wriuen contract with the Owner. dared
the 27th day of July . 1998, to which contract is hereby referted to and made apart
hereof as fully and to the same extent as if copied at leDgth herein.
NOW. THEREFORE, TIlE CONDmON OF lHlS .oBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the
prosecution of the work provided fur in said contract, then, this obligation shall be void; otherwise
to remain in, full force and effect;
-PROVIDED. 'HOWEVER, that this bond is executed pursuant to the provisions of
Vernon's Texas Codes Annotated. Texas Government Code. ~r 2253, as amended and all
liabilities on this bond shall be determined in accordance with the provisions of said Article to the
same ex1ent as if it were copied at length herein. ·
~, for value received, stipulates and agrees that DO cl1ange, exreDSion of time,
alteration or addition to the terms of the Contract, or to the work performed thereunder, or the
plans, specifICations, or drawings accompanying the same, shall in such change extension of time,
altefation or . addition to the tenDS of the contract, or to the work to be performed thereunder.
,.,.. BoDd 1 of $
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IN ~ WHEREOF. the said Principal and Surety have signed and sealed tIUs
iDstrumeDt this 30th day of July. , 1998.
DERK HARMSEN CONSTRUCTION, INC.
Principal
MERCHANTS BONDING COMPANY
SuretY
By: ~ ~.dh>>
By:
Title:
Address: 28-2:0 ~Si7
p e-er r c...r l '""Q:.
? 7:;;"3{;
Tide: Attorney-in-Fact
~: 1501 1-10 East, Ste 110
Baytown, Texas 77521
The name and address of the Resident Agent of Surety is:
Timberiine Insurance Services, Inc.
1501 1-10 East, Ste 110, Baytown, Texas 77521
..,.. 80lIId 2 of 5
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PERFORMANCE BOND
STATE OF. TEXAS
COUNTY OF HARRIS
DERK HARMSEN
KNOW ALL MEN BY THESE PRESENTS: That ~ONSTRUcrIoN, I~ the Cby of
DEER PARK County of HARRIS- , and State of lbXAS . as principal, and
MERCHANTS BONDING COM6MDSrized under the Jaws of the State of Texas to act ~ surety on bonds
for orinciPals, are held ~ firmly bound untO The City of La Porte (Owner), in the penal smn of .
ONE HONDREbEIGIffY -ONE AND Ell D F FlY 1WO ) for the payment whereof, the said
Principal and Surety bind themselves, and err etrS, admin.is1rators. executorS. successors and
assigns. jointly and severally. by these presents:
WHEREAS, the Principal bas entered into a certain written contract with the Owner, dated
the 27th day of. July . 1998, to which contract is hereby referred to and made apan hereof as
fully and to the same extent as if copied at length herein.
NOW. TIlEREFORE, TIlE CONDmON OF nus OBLIGATION IS SUCH, that if the
said Principal shall faithfully perform said Contract and shall in all respects duly and &ithfully
observe and perfonn all and singular the covenants, conditions and agreemenrs in and by said
contract agreed and covenantfa4. by the Principal to be observed and performed, and aa:ording to
the true intent and meaning of said Conttact and the Plans and Specifications hereto annexed, then
this obligation shall be void; otherwise to remain in full force and effect;
.PROVIDED, HOWEVER, thal this bond is aecutcd pursuant to the provisions of
Vernon's Texas Codes Annotated. Texas Government Code. Ch~prer '7.1\3, as ~nded and all
liabilities OD this bood shall be determined in accordance with the provisions of said Anicle to the
same extent as if il were copied at length herein. ·
. SUI'eo/. for vallie received, stipulates and agrees that no change, extension of time,
alteration or addition to the terms of tile Contract, or to the work performed thereunder, or the
plans, specificatioDS, or drawings accompanying the same, sbaII in any way affect its obligation OD
this bond. ai1d it does hereby waive notice of any such change. extension of time, alteration or
addition to the terms of the contract, or to the work to be performed thereunder.
PI:dbI:mw:c IIaad 1 of Z
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IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument ~Oth .yof July , 1998. .
DERK"~lfAllMSEN CONSTRUCTION, INC.
Principal
MERCHANTS BONDING COMPANY
Surety
~/~
By: ., 4~fl '
Title: ~'Il t~..t
Address: .2 920 CeK.tel'st.
,'U...o.JZr1 (J ~ TX
I .
7753'
By: ~ ~.Jt~
1ide:Attorney-iri-Fact
A~:1501 1-10 East, Ste 110
Baytown~ Texas 77521
The name and address of the Resident Agent of Surety is:
TIMBERLINE INSURANCE SERVICES, INC.
1501 1-10 East, Ste 110, Baytown, Texas 77521
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.erchants Bonding C~pany
(MUTUAL)
POWER OF ATTORNEY
Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws
of the State of Iowa, and having its principal office In the City of Des Moines, County of Polk, State of Iowa, hath made, consllluted and
appointed, and does by these presents make, conslilute and appoint
Ernest Hauser "Patricia L. Piceynske, Randall Paul Zeringue,
Denise Wright Condra, arv3/or Melinda Martinez
of Baytown and State of Texas its true and lawful Attomey-in-Fact, with lull power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all
bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall
not exceed the amount of:
FIVE BUNDRED TBCXJSAND ($500"OOO.OO)DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was
signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all such acts of said Attorney-in-Fact,
pursuant to the authority herein.given, are hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws
pdopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992.
ARTICLE II, SECTION 8. - Tha Chairman afthe Board or President or any Vice President or Secretary'shall have power and author-
ity to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
ARTICLE II, SECTION 9. - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any
Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other
suretyShip obligations of the Company, and such signature and seal when so used shall have the same force and effect as though
manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by Its President and its
corporate seal to be hereto altixed, this 1st day of January ,19 98.
... · ~ci Co ... MERCHANTS BONDING COMPANY (MUTUAL)
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STATE OF IOWA
COUNTY OF POLK
sa.
On this .lst day of Januarv ,19 98 , before me appeared Lany Taylor, to me
personally known, who being by me duly sworn did say that he is l4'esident of the MERCHANTS BONDING COMPANY (MUTUAL), the
eorporatlon described In the foregoing instrument, and that the Seal affixed to the said instrument Is the Corporate Seal of the seid
Corporation and thatlhe said instrument was signed and sealed in behalf of said Corporation by authority of Its Board of Dlr~ors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year Ilrst
above written.
STATE OF IOWA
COUNTY OF POLK sa.
........
..- -..
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.. At.... .~........ ( e.
: ,:) ,. ..~.... ~
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: : IOWA: :
.. ..
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.. ,0 .. ,. " ·
· )to ........ t. ·
... "'ilIA\. c:, ..'
-.. ..-
.......
~ I( !IJ(~
Notary Public, Polk County. Iowa
My Commission
Expires 2-19-98
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
Is a true and correct copy of the POWER-OF-ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still
in force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the Seal 01 the Company on ~
this day of 19,. ....... ~~ ~
.. ,,0 CO.. . .
. ......~\.......'4fA. -"e. f4.#-.-c/ ~ .
...~~..~"PO,,:;..~.. Seono,."
. ~:~ ;...\~.:.A.'
........... 0 ",. ·
. z:- - - 1:1:-.
MSC0814 · .c... 1933 .:~:
.",-. .-.
'-~'. ..:"Y.
...~... .......f:::::o.
..~Jt....... \'\~..
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.......
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~
This document has important legal consequences: consultation with an attorney is encouraged with
respect to its complet" or modification.
.
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
EnIDneers Joint Contract Documents Committee
-
and
Issued and Published Jointly By
PROFESSIONAL ENGINEERS IN PRIVATE PRAcrICE
A practice division o/the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERlCA",'i SOCIETY OF CIVIL ENGINEERS
CONSTRucnON SPECIFICATIONS INSTITUTE
This document has been approved and endorsed by
The As.ociotcd G....: e C~tors or America
These General Conditions have been prepared for use with the Owner-Contrador Agreements (No. 1910-8-A-I or
1910-8-A-2) (1990 .Editions). Their provisions are interrelated and a change in one may necessitate a change in the
others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering
Services and ContraCt Documents (No. 191()"9) (1986 Edition). For guidance in the preparation ofSupplemencuy
Conditions. see Guide to the ~paration of Supplementary Conditions (No. 1910-17) (1990 Edition). When
bidding is involved. the Standard Form of Instructions to Bidders (No. 191()"12) (1990 Edition) mav be used.
. .
EJCDC No. 1910.8 (1990 Edition)
Re;lrillu:d Sr91
.
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-
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e
.
C 1990 National Society of Professional Engineers
1420 King Street. Alexandria. VA 21314
American Consulting Engineers CounC11
1015 15th Street. N.W.. WashingtOn, DC 20005
American Society of Civil Engineers
345 East 47th Street. New York. NY 10017
)
ConstrUction Specifications Institute
601 Madison SL. Alexandria. VA 21314
eSLE OF COhi"E!'oiTS OF GENERAL CONOeNS
)
Xnicl~ or Paragraph PfJg~
Numb~r cl Till~ ,vll"..b~r
1. DEFlNmONS ......................... .......... 13
1.1 Addenda ............................. 13
1.2 Agreement ........................... 13
1.3 Application for Payment .............. 13
1.4 Asbestos ................... .......... 13
1.5 Bid ...................... ............. 13
1.6 Bidding Doc:uments ................... 13
1.7 Bidding Requirements .. . .. .. ... .. .. . . 13
1.8 Bonds ................................ 13
1.9 Change Order ........................ 13
1.10 Contr3Ct Doc:umcnts .................. 13
1.11 Contl"llCt Price ........................ 13
1.12 Contract Times ..... ....... ........... 13
1.13 CON"I'RACIOR ...................... 13
1.14 d~j~cril1t ............................. 13
1.IS Onlwings .................. ........... 13
1.16 Eff'=tive Dare of the Agreement . . . . . . 13
1.17 ENGINEER ..... ......... ............. 13
1.18 ENGINEER.s Consultant............. 13
1.19 Field Order ........................... 13
1.20 Genenll Rcquirements ................ 14
1.21 Hazardous Waste ..................... 14
1.22 Laws and Regulations; Laws or
Regulations ........................ 14
1.23 Uens ................................. 14
1.24 Miles10DC ............................. 14
1.25 Notice of Award ...................... 14
1.26 Notie: to Proceed .................... 14
1.27 OWNER ............................. 14
1.28 Partial Utilization ..................... 14
1.29 PCBs..................... ............ 14
1.30 Petroleum ...... .. .. .. .. .. . .. .. .. .. . . . 14
1.31 ~ject ............................... 14
1.32 Radioactive Material .................. 14
1.33 Resident Project Rcpresenwive ........ 14
t.34 Samples ..................~........... 14
1.35 Shop Drawings ....................... 14
1.36 Spcdtic;ations ......................... 14
1.37 Subcontractor .... .. .. .. .. . .. . .. . .. .. . 14
1.38 Submntial Completion ............... 14
1.39 Supplementary Ccmditions .... . .. . .. .. 14
1.40 Suppfier .............................. 14
1.41 Underground Facilities ..............:. 14
1.42 Unit Price Work ....................... 14
1.43 ~ork ................................. IS
1.44 Work Change Directive ............... IS
I.4S ~rilten Amendment .................. IS
2. PREUMINARY MATTERS ...................... IS
2.1 Delivery of Boads ..... ..... .. .. .... .. IS
2.2 Copies ofDoc:umcnts- .................. IS
2.3 Co~e:mCDl of Conli'aCt Tanes:
Notie: to Proc=d . .. . .. ... ; .. .. . .. . IS
2.4 Starting the Work ..................... IS
)
~
Par:~
Nlunbtr
Anici~ or Paragraph
N umb~r cl Titl~
2_~2.7 Before SWting Construction:
CONTRACTOR's Responsibility to
Report: PrcIiminary Schedules:
Delivery of Certific::1tes of
Insurance ...... ....................
:'8 P-reconstrUaion Conference ...........
2.9 Initially Acceplable Schedules .........
3. CONTRAC! OoctiMENTS: INTENT.
AMENDING. REUSE ............ ................
3.1-3.2 Intent ................................
3.3 Refercnc:c Eo Standards and
Specifications of Technic::1l Societies;
Reponing and Resolving
~ ......................
Intent of Certain Terms or Adj=tives ..
Amending ContrilCt Documents ... . . . .
Supplementing Contract Documents ...
Reuse of Documents ..................
::.~
3.5
3.6
3.i
4. AVAILABILITY OF LANDS; SUBSURFACE AND
PHYSIC~LCONDmONS;REFERENCE POINTS .
4.1 Availability of Lands ..................
4.1 Subsurface and Physical Conditions ...
4.2.1 Reports and Drawings ................
4.2.2 Umited Reliance by CONTRACTOR
Authorized; Technical Data .........
4.2.3 Notice of Differing Subsurface or
Pbysic::JJ Conditions .................
4.2.4 ENGINEER's Review ................
4.2..5 Possible Contract Documents Change .
4.1.6 Possible Price and Times Adjustments .
4.3 Physic::JJ Conditions-Underground
Facilities ...........................
4.3.1 Shown or IndiClled ...................
4.3.2 Not Shown orlndiC1tCd ..............
4A Reference Points .......... . . . . . . . . . . ..
4.5 Asbestos. PCBs. Petroleum. Hazardous
Waste or Radioactive Material . . . . . .
S. BONDS ANO INSURANCE .....................
5.1-5.2 Pt::fonnanc::. Payment and Other Bonds .
5.3 Licensed Sureties and Insurers; .
Cenific:aIcs of Insurance ............
SA CONTJUCrOR's Liability Insurance .
5.5 OWNER's Liability Insurance ........
5.6 Property Insurance ...................
5.7 Boiler and Machinery or Additional
Property Insurance .................
5.8 Notice of Cancellation Provisions .....
5.9 CONTRACTOR's Responsibility far
Deductible Amounts ................
5.10 Other Special ItISUr.Ulce ...............
S.11 Waiver of Rights ...........;..........
IS
15
16
16
16
16
Ii
Ii .
Ii
Ii
Ii
Ii
Ii
17
18
18
18
18
18
18
18
19
19
19
20
20
20
20
21
21
21
21
Z!
Z!
Z!
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Article or Paragraph Page
Number Ii TItle Numb~r
· S.12-5.13 R=pt and Application of Insurance:
Proceeds ........................... 2:
5.14 Ac:c:pcance of Bonds and Insuranc:;
Option to Replace .. .. . ... . .. .. . . .. !2
5.15 Partial Utiliza1ion-Propc:rty
I~r.ance .......................... !3
)
6. CONTRACTOR'S RESl'QNSIBILmES .......... !3
6.1-6.2 Supervision and Superintendence. ..... 23
6.3-6.5 Labor. Materials and Equipment ... . . . 23
6.6 Progress Schedule .................... 23
6.7 Substitutes and uOr_Equal" Items:
CONTRACTOR.s Expense;
Substitute Construction
Methods or Proc::durcs;
E.lI.JGINEER's Evaluation .......... 23
6.8-6.11 Concerning Subc:ontractors. Suppiie:'S
and Others: Waiver of Rights . . .. . . . 24
6.12 Patent Fees and Royalties ............. 2S
6.13 p.~ts ............................._. 2S
6.14 Laws and Regulations ................ :!S
6.15 Taxes ................................ 2S
6.16 Use of Premises ...................... 26
6.17 Site Oeanliness ....................... 26
6.18 Safe Struaural Loading ............... 26
6.19 Record Ooc:uments . .. ... . .. . .. ..... .. 26
6.20 Safety and Protection ................. 26 .
6.21 Safety Represenwive ................. 26
6..22 Hazard Communic:adon Programs ..... rr
6.23 Emergencies .......................... rr
6.24 Shop ,Dtawings and Samples .......... 27
625 Submiual Prcc:edures;
CONrRACTOR's Review Prior to
Shop Drawing or Sample Submittal. '!:l
6.26 Shop Drawing at Sample Submiaais
Review by ENGINEER ............ 27
6.:7 RespOnsibility for Variation From
Conaac:t Documents................ 27
6.28 Rebued Worle. Performed Prior to
ENGINEER's Review and Approval
of Required Submittals .. . .. . .. . .. .. 7:1
6.19 .Continuing the Work .............. ~ . .. 28
6.30 CON'I'RACTOR's Gencral
Warranty and Guamntc: ............ ~
6.31-6.33 Indemnification.... ................... 28
6.34 S~vaI of Obligations ................ 28
7. OTHER WORK .................................. 29
i .1-7.3 Related Worle. at Site .................. 29
i.4 Coordination
. )
....:.
8. OWNER'S RESPONSIBILm:ES ................. 29
8.1 CODununicuions to Con~.or ........ 29
8.2 Repla.c::ment of ENGINEER .......... 29
8.3 Fumisb Data and Pay Prompdy When
[)ue ................................ 29
8.~ l..:1nds and E.:1sements: Reports and
Tests ............................... 29
8.5 Insur.anc:e .... .. . . . .. . .. .. .. . .. .... .. .. 29
e
Article or Paragraph Pare
Number Ii Title Number
8.6 Change Orders . .. . . . .. . . . .. .. . .. .. .. . :!9
8.7 Iuspc:aions. Tests and Approvals ...... :!9
8.8 Stop or Suspend Work; Te:miD:aIc
CONTRACIOR.s Services ......... :!9
8.9 Umitalions.OD OWNER's
~~1n1itU:s .....................' ~
8.10 Asbestos. PCBs. PI:troleum. Hazardous
Waste or RadioacDve Malcria1 ... . . . ~
8.11 Evidence oCF"mancial Amngements.. ~
9. ENGlNE:ER..S STAreS DURING
CONSTRUCTION ............... ................ 30
9.1 OWNER's Repn:sentadve ............ ~
9.2 VISits to Site .......................... ~
9.3 Project Representative ................ ~
9.4 CJarificaliODS and Intcrprewions ...... ~
9.5 Authorized Variations in Work ........ ~
9.6 Rejecting Defective Work ............. ~
9.7-9.9 Shop Drawings. Change Orders and
P.a~ts .......................... 31
9.10 Determinations for Unit Prices ........ 31
9.11-9.12 Decisions on Disputes; ENGINEER as
Initial Intcrpn:ter ................... 31
9.13 Umiwions on ENGINEER's
Authority and Responsibilities . . .. . . 31
10. CHANGES IN THE WORK............ ......... 32
10.1 OWNER Ordered Change ............ 32
10.2 'Caim for Adjustment ................. 32
10.3 Work Not Required by Contract
~eIdS ......................... 32
10.4 Change Orders
10.5 Notiiic:ation of Surety ................. 32
11. CHANGE OF CONTRACT PRICE .............. 32
11.1-11.3 Conaact Price; Oairn for Adjustment;
Value of the Work ............ .. . .. . 32
11.4 Cost of the Work ..................... 33
11.5 Exclusions to Cost of the Work ..... . . 34
11.6 CONTRACTOR.s Fec ................ 34
11.7 Cast Records ......................... 34
11.8 Cash Allowances .... .. . . . .. .. . . .. .. .. 35
11.9 Unit Price Work ...................... 3S
12. CHANGE OF CONTRACT TIMES .............. 35
12.1 Claim for Adjustment ...... ~......... . 35
12.2 Tune of the Essence .................. 35
12.3 Delays Beyond CONTRACTOR's
ConD'OI ............................ 35
1!.4 Delays Beyond OWNER.s and
CONTRACroR.s ConD'OI .......... 35
,13. TESTS AND INSPEcrIONS; CORRECTION.
REMOVAL OR ACCEPTANCE OF DEFECTIVE
VVORJC .......................................... 36
13.1 Notie:: of Det'ec:ts ..................... 36
13.2 Ac:::ss to the Work ................... 36
13.3 Tests and Inspections; ContraCtOr's
C:~OD ........................ 36
2
e
Article 0' Parllgf'tlph
NIIIIIbe, clruJe
13.4 OWNER's Responsibilities:
Independent Testing Labor31ory
13.5 CONTRACTOR.s Responsibilities .....
13.6-13.7 CoveringWork Prior to Inspection,
Testing or Approval ... .. .. .. .. . .. ..
13.8-13.9 Uncovering Work at ENGINEER's
.
Page
Numbe,
~ ..........~................. 36
13.10 OWNER May Stop the Work ......... 36
13.11 Con=tion or Removal of Defective
Work. ....................... ..... ... 37
13.12 .
13.13
13.14
Co~on PcriCMi .....................
Acceptance of Def=dve Work ........
OWNER. May CorT'CCt Defective
~ork ...............................
14. PAYMENTS TO CONTRACTOR AND
COMPLETION ....~......... ...................
14.1
14.2
14.3
14.4-14.7
14.8-14.9
14.10
14.11
1
)
'-...:;,
Schedule of Values ....................
Application for Progress Payment . . . . .
CONTRACTOR's Warranty of Tide ...
Review of Applications for
~gress PayYnenlS .................
Substantial ComplcUon . .. . .. . .. . .. .. .
Partial Utilization .....................
Final Inspection . .. . .. .. . . . .. .. .. . .. . .
36
36
Mn~~aAa Pa~
Numbe, cl 'nile Numbe,
14.12 Final Application for P:lyment ......... 010
14.13-14.14 F'mal Payment and Accepmnce ........ 40
14.1' ' Waiver of Claims .................... . ~
15. SUSPENSION OF WORK AND
TERMlNAnON ................................ 40
15.1 OWNER May Suspend Work ......... 40
15.2-15.4 OWNER. May Terminate...... ........ 40
15.5 CONTRACTOR May Stop ~ork or
T~~ .......................... 41
36
37
16. DISPUTE RESOLUTION .......................
41
37
17. ~S~L.~()US .............................
17.1 Giving Notice .. .. .. . .. .. .. . .. . .. .. .. .
17.2 Computation of Tunes ................
17.3 Notice of Claim .......................
17.4 Cumulative Remedies .................
17.5 Professional Fees :md Court COSlS
Included ....... .. .. . .. . . .. . .. .. .. ..
':?
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42
42
42
42
42
"51
37
38
38
. :
38
39
39
39
EXHIBIT GC-A (Optional):
Dispute Resolution Agreement (Optional) ..... GC-AJ
16.1-16.6 Arbitration .................... GC-Al
16.7 Mediation..................... GC-A1
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INOEX TO GENERAL CONOmONS
.
Arride or PQt"llgrllph
Number
Acceptance of-
Bonds and Insur.1nc: ................................ 5.14
defective Work....................... 10.4.1. 13.13. 13.15
final payment.... ............................. 9.12. 14.15
in~ce ...........................................5.14
other Work. by COl'-t'TRACTOR ...........,........... 7.3
Substiw1eS and "Or-Equal"" Items .................. 6.7.1
Work by OWNER..... .......... ...... ...2.5.6.30.6.34
Ac:::css to the-
Lands. OWNER and CONTRACTOR
responsibilities ..................................... 4.1
site. related work ... . . . . .. .. .. .. . .. . .. .. .. . .. .. . .. ... 7:l
Work. .................................. 13.2. 13.14. 14.9
Acts or Omissions-. Ac:s and Omissions-
CONTRACrOR ............................6.9.1.9.13.3
ENGINEER ................................ 6.20.9.13.3
OWNER ............. ~ ... . . .. . . . ..... . . .... .. .. 6.20. 8.9
Addenda-definition of (also see
definition of SpcciiiCltions) ........... 0.6. LlO. 6.19) 1.1
Additional Property Insurances ......................... 5.7
Adjustments
Contr.ICt Price or ConU'ac:t
Tunes ......... 1.5.3.5.4.1.4.3.2.4..5.2. 4.5.3. 9.4. 9.5.
10.2-10.40 II. 12. 14.8. IS.I
progress schedule .................................... 6.6
Agr=mcnt-
definition of........ ................... ...~... ........ 1.2
All risk Insumnc:. policy fonn ........................ 5.6.2
Allowances. C4:1sh ..................................... 11.8
Amending ConuactOoc:uments .............;........... 3.5
Amendment. Wrinen-
in general .... 1.10. 1.45, 3.5, 5.10. 5.12. 6.6.2. 6.S.2. 6.19.
10.1.10.4.11.2.12.1, 13.12.2. 14.7.2
Appc:1l. OWNER or CONTRACTOR
intent to ...................... 9..10. 9.11. lOA. 16.2. 16.5
Application for P:1yment-
definition of .......................,.................. 1.3
~NGINEER.s Responsibility... ~...... ...... .........9.9
final payment .................. 9.13.4.9.13.5, 14.12-14.15
in genet:1l ....................... 2.8. 2.9. 5.6.4. 9.10. IS..5
progr=s payment............. .................. 14.1. 14.7
review of ......................................1404-14.7
Arbimuion (Optional) ..,.......................... 16.1-16.6
Asbestos-
claims pursuant thereto....................... 4.5.2. 4.5.3
CONI'RACTOR authorized to stop Work ...........4.5.2
definition of ........................................... 1.4
OWNER responsi'bliity for.................... 4.5.1. 8.10
possible price and times change ..................... 4.5.2
Authorized Variations in Work ....... .'... 3.6. 6.25. 6.!1. 9.5
Av:u1abllity of Lands .................. ~....... ..... 4.1. 8.4
Award. Notice of -de fin cd ............................ 1.2S
Before Starting Construction ........................ 2...5-2.8
Bid--definition of ...................................... 1.5
(1.1. 1.10.2.3.3.3.4.2.6.4.6.13. I \.4.3. 1\.9.1)
Aniek or PllTllllraph
Numb~,.
Bidding Doc:uments-definition of ................ 1.6 (6.8.2)
Bidding Requircments-definitions of ...... 1.7 (1.1. 4.2.6.2)
Bonds- .
acceptance of ....................................... 5.14
additional bonds ........................... 10.5. 11.4.5.9
Cost of me Work .................................. 11.5.4
definition of ........................... .... ....... .... 1.8
delivery of ......................................2..1. 5.1
final application for payment . . . . . . . . . . . . . . . .. 14.12-14.14
p:ner31 ...............1.10.5.1-5.3.5.13.9.13.10.5. 14.7.6
pcrfonnance. Payment and Other ........... ......5.1-5.2
Bonds and Insur.mc:e-in gene:al ......................... 5
Builder's risk nall risk'. policy fonn ................... 5.6.2
Cancellation Provisions. Insurance ........ 5.4.11.. 5.8. 5.15
Cash Allowances ...................................... 1 1.8
Certificate of Substantial Completion ......... 1.38. 6.30.2..3.
14.8. 14.10
Certificates of Inspection. ................ 9.13.4. 13.5. 14.12
Certificates oflnsuranc: .. 2.7. 5.3. 5.4.11, 5.4.13. 5.6.5. 5.8.
.......................................5.14,9.13.4,14.12
Change in Contract Pricc-
C:lsh Allowances . .. .. .. . . . .. . .. .. . . .. . .. . .. .. . .. ... 11.8
claim for price adjustment ..... 4.1. 4.2.6. 4.5. 5.15. 6.8.2.
9.4. 9.5. 9.11. 10.2. 10.5. 11.2. 13.9.
13.13. 13.14. 15.1. IS.5
CONTRACTOR's rc: ..................... .......... 11.6
Cost of the Work
p:ne:al ...................................... 11.4-11.7
Exclusions to ......................... _............. 11.5
Cost Records ....................................... 11.7
in general .............. 1.19, I.~, 9.11.10.4.2, 10.4.3. II
Lump Sum Pricing ................................ 11.3.2
Notification of Surety ............................... 10.5
Scope of ....................................... 10.3-10.4
Testing and Inspection. Uncovering the Work ........ 13.9
Unit Price Work .................................... 11.9
Value of Work ............................ .......... 11.3
Change in Contract Times-
Claim for times adjustment . . . . 4.1. 4.2.6. 4.5. 5.15. 6.8.2.
9.4.9.5.9.11.10.2. 10.5. 12.1. 13.9. 13.13.
13.14. 14.7, 15.1. IS.5
Co~t~tual time limits ................. ~.. .... ...... 12.2
Delays beyond CONTRACTOR's control............ 12.3
Delays beyond OWNER's and CONTRACIOR's con-
ttol ............................... .. . .. .. .. . . .. ... 12.4
Notification of surety ....................... . .. . .. .. .1 0.5
Scope of change ............................... 10.3-10.4
Change Orders-
Acceptance of Defective Work ..................... 13.13
Amending Contract Documents ...................... 3.5
C:1sh Allowances .... ~'.............................. 11.8
Change of Conuact Price .................. .. .. . .. .... II
Change of Contract Tunes .... .. .. .. . . . . .. .. .. . .. .. ... 12
Changes in the Work .... ... .. .. ...... .. .. ..... . ....... 10
CONTRACTOR's fc: ............................... 11.6
Cost of the Work ............................... 1104-11.7
4
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Arr;c/~ or Ptuagraph
Number
. Cost Records ....................................... 1t.7
dennition of ... . . . . . . . . . . . . . . . . . . . . . . .. . . . .. .. .. .. .. .. 1.9
emergencies .............................. .... ...... 6.23
ENGINEER.s responsibility......... 9.S. 10.4. 11.2. 12.1
execution of ........ ~ . . . . . . .. . . . . . . . . . . . . .. .. . . .. ... 10.4
IndemnifiCltion ........ ............. 6.12.6.16.6.31.6.33
Insur:1nce. Bonds and ..... ...... n...... 5.10. 5.13. 10.5
OWNER may terminate ........................15.2-15.4
OWNER.s Responsibility ....................... 8.6. 10.4
PhysiClI Conditions-
Subsurf:lCe and. .. . . . . . . . . . . .. . . .. .. . . . . .. .. . .. .. . ... 4.2
Underground Facilities ........................... 4.3.2
Record Documents ......................... ........6.19
Scope of Ch:l.'1ge ...........................;... 10.3-10.4
Substitutes................................... 6.7.3. 6.8.2
Unit Price Work .................................... 11.9
value of Work. covered by .............. ...... ...... 11.3
Changes in the Work .................................... 10
NotifiCltion of :surety ............................... 10.5
OWNER's and CONTRACTOR.s responsibilities .... 10.4
Right to an :ldjustment .............................. 10.2
Scope of clu1nge ............................... 10.3-10.4
Claims-
against CONTRACTOR .............. ..... ......... .6.16
against ENGINEER ................................ 6.32
against OWNER.............................. ...... 6.32
Change of Contract Price ....................... 9.4. 11.2
Change of Contract Times .................. ....9.4..12.1
CONTRACTOR.s 4. 7.1.9.-$.9.5.9.11. 10.2. 11.2. 11.9.
12.1. 14.8. 15.1. 15.5. 17.3
CONTRACTOR.s Fee .............................. 11.6
. CONTRACTOR.s liability .... ........ 5.4.6.12. 6.16. 6.31
Cost of the Worle .............................. 11.4. 11.5
Decisions on Disputes ......................... 9.11. 9.12
Dispute Resolution .................................. 16.1
Dispute Resolution Agre:ment .................. 16.1-16.6
ENGINEER :l.S initial interpretor .................... 9.11
Lump Sum Pricing ................................ 11.3.2
Notice of ........................................... 17.3
OWNER's ...........9.4. 9's. 9.11. 10.2. 11.2. 11.9. 12.1.
13.9. 13.13. 13.14. 17.3
OWNER's linbiliry ............ ~ ..... .... ........... .. 5.5
OWNER may refuse to make payment .............. 14.7
Professional Fees and Coun Costs Included .......... li.5
request for formal decision on ....................... 9.11
Substitute items .................................. 6.7.1.2
Time Extension ..................................... 12.1
Time requirements ............................9.11.12.1
Unit Pric: Work .................................. 11.9.3
Value of ............................................ 11.3
Wolivcr of -on Final Payment ................ 14.14. i4.15
Work Change Directive ................... .. . .. ..... I O.~
wriucn notic: required ...................9.11. 11.2. I~.I
ClarifiCltions :lnd Interpremuons ............ 3.6.3. 9A. 9.11
C1cn Site .... '. . . . . .. . ....... . . .... ... . .. . ... . ........ . 6.1i
Codes ofTechnic::1l Society. Orgnni%:1tionor
Association ...................................... 3.3.3
Commencement of Contr.lCt Times . ....... ... ..... .....2.3
CommuniCluons-
...)
.....
e
Arricle or Ptuagraph
Number
general ...........~.......... .............. 6.2. 6.9.2. 8.1
Hazard CommuniCltion Programs ................... 6.22
Completion-
F'snal Applic:1tion for Payment ............. ......... 14.12
F'mallnspedion . .. .. .. .. .. .. .. .. . .. .. . . . .. .. .. .... 14.11
Final Payment and Acc:ptanc: ............... 14.13-14.14
Partial U tJliza1ion ............................ .. .... 14.10
Substantial Completion .. .. .. . .. .. . .. . .... 1.38. 14.8-14.9
Waiver of Claims ....... ....................... ..... ]4.]5
Computation of TIlDes ........................ 17.2.1-17.2.2
Concerning Subc:ontr2CtOrs.
Supplie~ and Others ............................ 6.8-0.11
Confc:renc:s-
initially acceptable schedules ......................... 2.9
p~ns:nw:bon ......................................2.8
Conffict. Error. Ambiguity. Disc:repancy-
CONTRACI'OR to Repon ..................... 2.5. 3.3.2
ConstrUction. before starting by CONTR.ACTOR .... 2.5-2.7
ConstrUction Machinery. Equipment. etc. . . . . . . .. . . . . . .. 6.4
Continuing the Work ............................. 6.29. ] 0.4-
ConU3Ct Documents-
Amending ............... .................. ..........3.5
Bonds ............................................... 5.1
Cash Allowances ................................... 11.8
Change of Contract Pric: ................... . .. .. .. ... II
Change of Conaact Times ............................ 12
Changes in the Work ........................... 10.+-10.5
check' and verify ............................... .. . ... 2.5
Clarifications and Intcrprewions ....... 3.2. 3.6. 9.4. 9.11
definition of ........................................ 1.]0
ENGINEER as initial interpreter of ................. 9.11
ENGINEE.~ as OWNER's representative ............ 9.1
general ......... ........... .............................3
[nsur.anc: ............................................5.3
Intent ............................................ 3.1-3.4
minor variations in the WOrle .........................3.6
OWNER.s responsibility to furnish data .............. 8.3
OWNER'S responsibility to make
prompt payment ....................... 8.3.14.4. 14.13
precedence ........................:........... 3.1, 3.3.3
Record Documents . .. .. .. .. .. .. .. .. . .. . .. . . .. .. .. . . 6.19
Reiercnc: to Standards and SpeciiiCltiOns
of Tc::hnic:al Societies .............................. 3.3
Related Worle ........................................ 7:2
Reponing and Resolving Disc::epancic:s ........... 2..S. 3.3
Reuse of ....... ...................................... 3.7
Supplementing ....................................... 3.6
Termination of ENGINE'E.~:S Employment ........... 8.2
Unit Price Work ... .......... .....:................. 11.9
~ons ................................. 3.6.6~. 6~
Visits to Site. ENGINEER.s ......................... 9.2
ConU3Ct Pric:-
adjustment of ................ 3.5.4.1.9.4. 10.3. 11.2-11.3
Change of ............................................ 11
Decision on Disputes ....................... ........ 9.11
definition of .. ...................................... 1.11
Contract TIlDes-
adjustment of ......................3.5.4.1.9.4. 10.3. 12
Change of...................................... 12.1-12.4
5
e
')
Arrid~ or Paragraph
. N"'mb~r
Commencement of .............. ........... ..........2.3 .
dciinition of ........................................ 1.12
CONTRAcroR-
Acceptance of Insurance ............................ 5.14
Umited Reliance on Technical Data Authorized ..... 4.2.2
Communications ............................... 6.2. 6.9.2
Continue Work ...... ...........................6..19. 10.4
coordination and scheduling.... .. .. ..' . . . .. ......... 6.9.2
definition of .............................:.......... 1.13
May Stop Work or Terminate ....................... 15.5
provide site acc:ss to others .................... 7.1. 13.2
Safety and Protection .. _.... 4.3.1.2. 6.16. 6.18. 6.21-6.13.
7.2. 13.2
Shop Dr:1wing and Sample Review Prior to Submittal. 6.25
Stop Work requirements ........ .. ...;, ....;...... .. . 4.5.2
CONTRACTOR's-
Compensation.................... .............. 11.1-11.2
Continuing Obligation .............................. 14.15
Def~.ive Work ..........................9.6.13.10.13.14
Duty to COITCct defective Work. .. . ..... ... .. .. ..... 13.11
Duty to Report-
Changes in the Work caused by
E:n~cy ....................~.................. 6.13
Defects in Work of Others .... . .. .. . . .. .. .. . .. .. ... 7.3
Differing conditions ..............................4.2.3
Discrepancy in Documents ........... 2.5. 3.3.2. 6.14.2
Underground Facilities not indic::ued .............. 4.3.2
Emergencies ........................................6.13
Equipment and Machinery Rental. Cost
~f the Worle. ................................... 11.4.5.3
Fc:-Cost-Plus ..................... 11.4.5 .6. 11.5.1. 11.6
General Warranty and Guarantee .... _..... .......... 6.30
Hazard Communication Progr:uns ................... 6.Z!
Indemnific::uion ...................... 6.12. 6.16. 6.31-6.33
Inspection of the Work......................... 7.3. 13.4.
Labor. Materials and Equipment .................. 6.3-6.5
laws and Regulations. Compliance by ............. 6.14.1
Liability Insur.1nc: ................ _ . .. . . .. .. .. . .. . . .. S.4
Notic: oflntent to Appeal ..................... 9.10. lOA
obligation to perfonn and complete the Work ...,.... 6.30
Patent Fees and Royalties. paid for by ............... 6.12
Perforrrnmce and Other Bonds ........................ S.I
Permits. obtained and paid for by .................... 6.13
Progress Schedule..... 2.6.2.8.2.9. 6.6. 6.29. 10.4. 15.2.1
Request for fonnal decision on disputes . . . . . . . . . . . . . 9.11
Responsibiiitics-
Changes in the Work ..............................10.1
Conc:rning Subcontractors. Suppliers and Others . 6.S-
6.11
Continuing the Work ..................... ~ _. 6.29. 10.4
CONTR.o\croR.s expense .................. .....6.7.1
CONTRACI'OR's Gcmeral Wamu1ty and Guaran-
b:e ...............................................6.30
CONTRACI'OR.s review priono Shop Dmwingor Sam-
ple submitt:1l . . . . . . . . .. . . .. . . . .. . . .. . .. . .. .. .. .... 6.25
Coordination of Worle. .............................. 6.9.2
Emergencies . ..................................... 623
ENGINEER's evaluation. Substitutes
or "Or.Equal" Items ......... ~......... ....... 6.7.3
._)
--
'-'
e
Anicl~ or Paragraph
Number
For Acts and Omissions of Others .....6.9.1-6.9.2. 9.13
for deductible amounts. insurance .................. 5.9
general ................................. 6. i.2. 7.3. 8..9
Hazardous Communicuion Programs . . . . . . . . . . . .. 6.22
Indemnific::uion .............................. 6.31~""3
Labor. Materials and Equipment ........:....... 6~.5
l..:1ws and Regulations ............................ 6.14
Uability Insurance ................................. 5.4
Notice of variation from Contract Documents ..... 6.2:1
Patent Fc:s and Royalties ............:............ 6.12
Pennits ..................................... ...... 6.13
P:'ogrc:ss Schedule ...... . .. . . . .. .. . . .. . .. . .. . .. .... 6.6
Record Documents ............ .. . .. .. .. . .. . .. .... 6.19
related Work perfonned prior to ENGlNEER's
approval of required submittals . . . . . . . . . . . . . . . .. 6.28
safe suucturalloading . . .. .. . .. .. .. . .. . . .. .. . ..... 6.18
Safety and Prorection ..... . .. . .. .. . .. ... 6.10. 7.2. 13.2
Safety Representative ...................... ..I..... 6..11
Scheduling the Work ............................. 6.9.2
Shop Dmwings and Samples ...................... 6.24
Shop Dr.J.wings and Samples Review
by ENGINEER............. ................... 6.16
Site Cle:uUiness . . . . . .. .. . .. .. .. .. . .. . . . . . . .. .. .... 6.li
Submittal Proc:dures ............................. 6.25
Substitute ConstrUction Methods and
Procedures .................................... 6.7.2
Substitutes and "Or-Equal" Items ................ 6.;.1
Superintendence ................................... 6.2
Supervision ........................................ 6.1
Survival of Obligations............................ 6.34
Taxes . . .. .. . .. . . .. .. .. .. . .. .. . . .. . . .. .. . . . . .. .... 6.15
Tests and Inspections ............................. 13.5
To Report ......................................... 2.S
Use of Premises .................... 6.16-6.18. 6.30.2A
Review Prior to Shop Dr.J.wing or Sample Submittal .. 6.:!S
Right to adjustment for changes in the Work ......... 10.2
right to claim.. 4. 7.1. 9.4. 9.5. 9.11. 10.2. 11.2, 11.9. 12.1.
13.9. 14.8. IS.1. IS.s. li.3
Sniety and Prot~tion ................. 6.20-6.22. i.2. 13.2
Saiety Representative ............................... 6.21
Shop Drawings :md Samples SubmiW1ls ......... 6.24-6.28
Spedal Consultants ............................... 11 A.4
Substitute ConstrUction Methods and Procedures ..... 6.7
Substitutes and '.Or-Equal.' Items. Expense.. 6.;.1. 6.;.2
Subcantr:lctors. Suppliers and Others .....:...... 6.&-6.11
Supervision :md Superintendence ....... ..... 6.1. 6.2. 6.21
Taxes. P:1yment by .................................. 6.15
Use of Pre:nises ...................... ...... .... 6.16-6.18
Warr:1nties :md guarantc:s ...................... 6.30. 6.5
WaJr.lDty of Tide ................................... 14.3
Written Notic: Required-
CONTRACTOR stop Work or tenni.mte ........... 15.5
Reports of Diff'ering Subsurface ~d Physical Condi-
tions ............................................. 4~
SubsWltial Completion ........................... 14.8
cONTRACI'ORS--other ................................. 7
Conuac:tual Uability Insurance ................. ...... S.4.IO
Contr:lCtual Time Limits ........... . . . . . .. .. .. .. . . . . .. 12.2
Coordination
6
e
)
Anicl~ or Paragraph
Nu.mb~r
. CONTRACTOR.s re$ponsibility ....................6.9.1
Copies of Doc:uments ..................................1.2
Correction Period .................................... 13.12
Correction. Removal or Acceptance of
Defectivc Work
in general ......................... ~.... 10.4.1'. 13.10-13.14
Ac:ccpcmce of Defective Work ....;................ 13.13
Corrc..'"tion or Removal of Defectivc Work ..... 6.30. 13.11
Correction Period .................................. 13.12
OWNER May Correct Dcfectivc Work ............. 13.14
OWNER May Stop Work .......................... 13.10
Cost-
or Tests and Inspections ............................. 13.4
Records ............................................ 11.7
Cost of the Work-
Bonds and insurance. additional ... .. . .. . .. . ..... 11.4..5.9
Cash Discounts ................................... 11.4.2
CONTRACTOR.s Fee .............................. 11.6
Employee Expenses ............................. 11.4.5.1
Exclusions to ................ ......... ........ ...... 11.5
General .............................. ... . ... .... 11.4-11.5
Home office and overhead expenses ................. 11.5
Losses and datnages ... . ....... .......... .... .... 11.4.5.6
MalCrials and equipment ..... .. . . . .. . . .. .. ~ . .. .... 11.4.1
~nor expenses ................................. 11.4:.s.S
PaytOU costs on changes .. .. . .. . . .. . . .. . .. . .. .. ... 11.4.1
performed by Subcontractors ...................... 11.4.3
'Records ........ ........ .............. ..... ......... 11.7
Rentals of construction equipment and machinery. 11.4.5.3
Royalty payments. pennits and license fees ...... 11.4.5.5
Site office and temporary faC11ities ............... 11.4.5.2
. Special Consultants. CONTRACIOR's ............ 11.4.4-
Supplemental .................... ~ . .. . . . . .. .. .. . .. 11.4.5
Taxes related to the Work ....................... 11.4.5.4
Tests and Inspection ................................ 13.4
Trade Discounts .................................. 11.4.2
Utillues. fuel and sanitary faciliues ............... IIA.5.7
Work after regular hours .. . . . . . . . . . . . . . . . . . . . . . . .. 11.4.1
,Covering Work ................................... 13.6-13.7
Cumulative Remedies ...................:........ 17.4-17.5
Cuning, fining and palChing ....... .. .. .. .. .. . .. . .. . .... 7.2
Dam. to be furnished by OWNER ...................... 8.3
Day--definition of . '. . . . . . . . . . .. .. .. . . .. . . . . . . .. .. . ... 17.u
Decisions on Disputes ...........................9.11.9.12
dcf'ective--dciinition of .....................;.......... 1.14
defective Work-
Ac:epranc:: of ..............................10.4.1.13.13
Com:c:tion or Removal of ................... 10.4.1.13.11
Corn:c:tion Period .................................. 13.12
in general .................................. 13. 14.7. 14.11
Observation by ENGINEER ......................... 9.2
OWNER May Stop Work ..........................13.10
Prompt Notic: of Defects ..........;,................ 13.1
Rejecting ............................................9.6
Uncovering the Work ...............................13.8
Deiiaitions ...................... ..... ......... ........... I
De!a:ys ............................ .....4.1.6.29. 12.3-12.4
OeUvCl1' of Bonds ...................................... 2.1
Odivery of certificates of insur:lnce ..................... 2.7
,:)
e
.-\rticl~ or Paragraph
Nu.mb~r
Determinations for Unit Prices .. .. . .. . .. . .. . .. . .. .. ... 9.10
Differing Subsurface or
Physical Conditions
Notice of ........................................ ~. 4.2.3
ENGINEER's Review .......................... ... 4.2.4
Possiblc ConU'aCt Ooc:umcnts Change ............... 4~
Possible Price and Tunes AdjUSbnents ........ . . . . . . 4.2.6
Oiscn:paac:ies-Reporting and Resolving .... 2.5. 3.3.2. 6.14.2
Dispute Resolution-
Agrc:ment ..................................... 16.1-16.6
)uribi~on ..................................... 16.1-16-5
gcn~ ...........................................~... 16
Mediation .......................................... 16.6
Dispute Resolution Agreement .................... 16.1-16.6
Disputes. Decisions by ENGINEER .............. 9.11-9.12
Documents-
Copies of ........ ............................. ....... 2.2
Flcco~ .............................................6.19
Fleusc of ............................................. 3.7
Orawings--deiinition of ............................... 1.15
~c.~ents ....:........................................4.1
Effective date of Agreement-<leiinition of ............. 1.16
Emergencies ................................ .......... 6.23
ENGINEEFl-
as initial interpreter on disputes .................9.11-9.12
deiinition of ........................ ................ 1.17
Limitations on authority and
responsibilities ................................. 9.13
Replacement of .................................. ....8.2
Flesident Project Representative ...................... 9.3
ENGINEER's Consultant--deiinition of ...............1.18
E.~GINEER.s-
authority and re$ponsibiJity. limitations on ........... 9.13
Authorized Variations in the Work .................... 9.5
Change Orders. responsibiiity for .......... 9.7. 10. 11. 12
Clarifications and Interpre:aaons ............... 3.6.3. 9.4
Decisions on Disputes ..........................9.11-9.12
defeaivc Work. notic:: of ........................... 13.1
Evaluation of Substitute Items ...................... 6.7.3
Uability ........ . . .. .. .. . . . ... .. .. . ..... . . .. ... 6.32. 9.12
Notice Work is Ac:eprable ......................... 14.13
Observations ........ . . . .. .. .. .. .. .. .. . . .. .... 6.30.2. 9.2
OWNER's Rcpre$entarlve ...........................9.1
Payments to the CONTRACIOFl.
Responsibility for ....................:.........9.9. 14
RC""..ommendation of Payment ................. 14.4. 14.13
ResponsibiJities- ,
Limitations on ........................:...... 9.11-9.13
Fleview of ReportS on Differing Subsurface
and Physic:a1 Conditions .......................... 4.2.4
Shop Drawings and Samples. review
responsibility ..................................... 6.16
Status During Consuuction-
authorized varialions in the Work .... . .. .. . .. ... ... 9-5
C1arific::uions and Interpretations ................... 9.4
Decisions on Disputes ........................ 9.11-9.12
Oetcnninations on Unit Pric:: .............. .......9.10
ENGINEER as Initiallnterpretcr ............. 9.11-9.12
ENGINEER.s Flesponsibilities ................ 9.1-9.12
7
e
Arricl~ or Ptuagraph
N"mb~r
}
Limiwions on ENGINEER's Authoritv and
· Responsibilities............... .......: ............ 9.13
OWNER's Reprcsenwive .. . .. . .. .. .. . .. . ... .. .... 9.1
Project Represenwive ............................. 9.3
Rejecting Defective Work .......................... 9.6
Shop Drawings. Cbasigc Ordm and
Payments........................... _........9.7-9.9
Visits to Site .................. ......... ...........9.2
Unit Price Determinations ........................... 9.10
VISits to Site................................. ........ 9.2
Wriacn consent required ......................... 7.2. 9.1
Equipment. Labor. MalCrials and ... .. .. . .. .. ....... 6.3-0.5
Equipment rcnraI. Cost of the Work ................ 11.4.5.3
Equivalent Materials and Equipmenc .................... 6.7
Eno13 or omissions . .. .. . .. . . . .. . .. .. .. . . . . ........ . .. 6.33
Evidence of Financial Atrangements ............;...... 8.11
Explorations of physical conditions .. . . . . . . .. ...... . . . 4.2.1
Fee. CONTRACTOR. s--Casts-Plus .. .. .. . . ... .. .. .... 11.6
Field Order-
definition of .............................. .......... 1.19
issued by ENGINEER:.... ............ . .......3.6.1. 9.5
Final Application for Payment ........................ 14.12
Final Inspe::tion ...................................... 14.11
Fmal Payment-
and Acc..-ptanc: .......................... .... 14.13-14.14
Prior to. for cash allowances .... .. . .. .. .. ... . ... .... 11.8
Gcne:aJ Provisions ......................... ...... 17.3-17.4
GeneraJ Requirements-
defintioa of ............................. ............ 1.20
principal references to .............. 2.6. 6.4, 6.6-6.7, 6.24
Giving Notice............................. ............ li.l
Guarantee of Work-by
CONTRACroR ......................... ..... 6.30, 14.12
Hazard Communication Programs .. .. .. .. .. ...... . .... 6.22
Hazardous Waste- .
dc:finjtion of ........................................ 1.21
genc:3J ........... .. . .. . . . . . . . .. . .. .. . .. .. .. .. .. . .. . . 4.5
OWNER's responsibility for ........................ 8.10
lndcmniiic:uion ........................ 6. 12. 6.16. 6.31-6.33
InitiaJly Ac::::ptable Schedules ....... .. .. . . .... .. .. .. ... 2.9
Inspe:tion-
Certificates of ......................... 9.13.4. 13.5. 14.12
FmaJ .............................................. 14.11
Spe::ial. requited by ENGINEER ....................9.6
Tests and Approval ........................ 8.7. 13.3-13.4
Insurance-
Accepmnc: of. by OWNER ......................... 5.14
Additional. required by changes
in the Work ......................... ........ 11.4.5.9
Before starting the Work ............................. 2.7
Bonds and-in gene:aJ ................................. 5
CanceUation Provisions ..... . .. . . . .. .. . .. ...... .. . .. . 5.8
Ccrtiiic:aIes of ..2.7,5.5.3.5.4.11.5.4.13.5.6.5.5.8.5.14.
9.13.4, 14.12
completed operations.... . . . . . ..................... 5.4.13
CON"I'RACIOR.s lJability .............. ........ .....5.4
CON'TR.ACI'OR.s obj=tion to coverage ............. 5.14
CoaD'3CtUaJ Liability .............................. 5.4.10
)
~
e
Arlicl~ or Paragrapn
N"mb~,
deductible amounts. CONI'RACTOR.s
responsibility .................................... 5.9
Final Applic:adon for Payment ...................... 14.12
Licensed Insurers .................................... 5.3
Notice requirements. material
changes .................................. 5.8. 10.50
Option CO Replac:: ..................................5.14
other special insuranc::s ............................. 5.10
OWNER. as fiduciary for insureds .............. 5.12-5.13
OWNER.s liability .................................. 5.5
OWNER.s Responsibility............................ 8.5
PartiaJ Utilization. Property Insurance ............... 5.15
Property ....:................................... 5.~5.10
Rec:ipt and Application oflnsurance Proc:::ds .. 5.12-5.13
Spc:ciallnsurance ................................... 5.10
Waiver of Rights .................................... 5.11
Int=t ofConaact Documents....................... 3.1-3.4
Interprewions and Oarifications ................. 3.6.3. 9.4
Investipdons of physical conditions .................... 4.1
Labor. Materials and Equipment . . . . . . . . . . . . . . . . . . .. 6.3-6..5
Lands-
and Easements . .. . .. . . . .. . .. . . . : .. . . .. . . .. .. . . . .. ... 8.4
AvaJ1abtlity of ................................... 4.1. 8.4
Reports &. Tests ' ..... .. . . .. .. .. .. .. . . .. . . .. . .. . .. . ... 8.4
Laws and Regulalions-Laws or Regulations-
Bonds ...........................................5.1-5.2
Changes in chc Work ......................... ....... 10.4-
ContraCt DOCUDlents ................................. 3.1
CONTRACIOR's Responsibilities ................... 6.14
Correaion Period. def'=tivc Work.................. 13.12
Cost of chc Work. taxes ......................... 1 i.4.5.4
dciinition of ............. .... .. .. .. .. . . .. .. . .. . .. .... 1.22
general .... .............:..... .'..................... 6.14
Indemnification ................................ 6.31~3
Insurance............ ................................ 5.3
Precedence .................................... 3.1. 3.3.3
Reierenc:e co .......................................3.3.1
Saicty and Pnn~tion ..~....................... 6.20. 13.1
Subc:anaactors. Suppliers and Others ............ 6.8-6.11
Tests and Inspections................................ 1:3.5
Use of Pr=nises .... ................... ....... ......6.16
Visits to Site.................... ......... .. .. ........ 9.!
Liability Insuranc:e- '
CO~R.s ....................................5.4
OWNER's........................................... 5..5
Lic:..-nsed Sureties and Insurers .. ~ . . . . . . . . . . ". . .. ...... 5.3
Liens-
Application for Progress Payment ................... 14.!
Contractor's Warranty of Title ....................... 14.3
Fmal Application for Payment ...................... 14.12
definition of ........................................ 1.:3
Waiver of Claims .................................. 14. IS
Limitations on ENGINEER's authority and .
rcspoftaibilities ..................................... 9.13
~ced Reliance by CONTRACroR Authorized ...... 4.!.!
Maintenance and Ope:anng Manuals-
FmaJ Applicalion for Payment ...................... 14.12
Manuals (of ochers)-
Precedence .............. .........................3.3.3.1
8
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- .
A"icI~ or Paragraph
Numb~r
-
Reference to in Conltact Documents ................ 3.3.1
Materials and equipment-
furnished by CONTRACTOR ........................ 6.3
not incorporated in Work ............................ 14.2
Materials or equipment-equivalent ..................... 6.7
Mediation (Optional) .................................. 16.7
Milestones--de6nition of ................... ..... ...... 1.24
Miscellaneous--
Computation of Times .............................. 17.2
Cumula1ive Remedies ............................... 17.4
Giving Notice.................................. ..... 17.1
Notice of Claim............................... ...... 17.3
Professional Fees and Court Costs Included .......... 17.5
Multi-prime contnlCts ............ .. .. . .. .. ... .. . . .. ...... 7
Not Shown or Indicated .............................. 4.3.2
Notice of-
Accepca.biJity of Project ............................ 14.13
Award. definition of .. .. . . .. .. .. .. .. .. .. .. .. .. .. .. ... 1.2S
Claim .............................................. 17.3
Defects, ............................................ 13.1
Differing Subsurface. or Physical Conditions ......... .4.2.3
Gi,,;ng .:............................................ 17.1
'Tests and Inspections ............................... 13.3
Variation. Shop Drawing and Sample ................ 6.27
Notice to Proceed-
de5nition 'of ........................................ 1.26
giving of ...................................... ....... 2.3
Nolific:ation to Surety ................................. 10.5
Observations, by ENGINEER .................... 6.30, 9.2
Occupancy of the Work ................ 5.15, 6.30.:!.4, 14.10
Omissions or acts by CON'TRACTOR ............. 6.9. 9.13
'.Open peril" policy Conn.-Insurance .................. .5.6.2
Option to Replac:= ..........................~... .......5.14
"Or Equal" Items.............................. ........ 6.7
Other work .............................................. 7
Overtime Work-prohibition of ......................... 6.3
OWNER- .
Ac::::pranc::: of defective Work ...................... 13.13
appoint an ENGINEER .............................. 8.2
as fiduciary ................................ ...: 5.12.5.13
AYallabiiity of Lands. r:sponsibiJity ................... 4.1
definition of ........................................ 1.27
data. furnish ......................................... 8.3
May Correct Defective Work .. ............ ......... 13.14
May refuse to make payment ........................ 14.7
May Stop the Work ................................13.10
may suspend work.
tenninate .......... .............8.8.13.10.15.1.15.4
Payment. .make prompt..................., ~.3. 14.4, 14.13
petfonnance of o~er Work ....................... ~... 7.1
permits and licenses. requirementS ...... .. . . . ... .... 6.13
pun:hased insunmc: requirementS ............... 5.6-5.10
OWNER's-
Accepcanc: of the Work ......................... 6.30.2.5
Change Orders, obligation to
execute.......:............................8.6. 10.4
Communic::uions ..................................... 8.1
Coordination of the Work .... . .. . .. . .. .. . .. .. ........ ;.4
Dispucc:s. request for decision .............. ......... 9.11
")
\:.::. . ..
e
A.n;cle or Pararraph
Number
Inspections. tests and approvals ................. 8.7. 13.4
Liability lasurance ... .. . . .. .. . . .. . .. .. .. .. . . .. .. .. ... S.5
Notice of Defects ................................... 13.1
Representative-During ConsU'UCtion.
ENGINEER's StabIS ............................ 9.1
Responsibilities-
Asbestos. PCB's. Petroleum. Hazardous
Waste on Radioactive Material .................. 8.10
Change Orders .. .. .. . .. . .. .. .. . .. .. . . . :. .. ........ 8.6
Changes in the Worle ...... . .. . . .. . .. . . .. .. . .. .. ... 10.1
c:anunuaic:alions .. .. .. . .. .. .. .. .. . .. .. .. .. .. .. .. ... 8.1
CONTRACTOR's responsibilities ........ ...... ....8.9
evidence of financial arrangements ......... .. . .... 8.11
inspi:ctions, cc:sts and approvals .................... 8.7
Insurance ...... ................................... 8.5
lands and easements ............................... 8.4
prompt payment by ................................ 8.3
replac=nent of ENGINEER .... .. . . . . . .. .. .. . . .... 8.2
reportS and tesIS ................................... 8.4
stop or suspend Work .................. 8.8. 13.10. 15.1
terminale CONTRACTOR's se:vic:es .......... 8.8. 15.2
separate representative at site ................ .. . .. .., 9.3
independent testing ................................. 13.4
use or occupancy of the
Work ....................................5.15, 14.10
written consent or approval
requin:d ............................... 9.1.6.3;11.4-
written notice
required .......... 7.1.9.4.9.11.11.2. 1l.9. 14.7. 15.4
PCBs-
dciinition of ........................................ 1 ~
general ......... .............. ~..... ..................4.5
OWNER's responsibility for ........;...............8.10
Partial Utiraarlon-
definition of ........................................ 1.28
gener.ll ................................... 6.30.2.4. 14.10
Property Insurance ................................. 5.15
Patent F=s and Royalties .......... . .. .. .. .. . .. . . ..... 6.12
P3ymcnt Bonds ..................................... 5.1-5.2
Payments. Recommendation of ............. 14.4-14.7. 14.13
Payments 10 CONTRACTOR and Completion-
Application for Progress Payments .................. 14.2
CON"ffiACTOR.s Wananty of Title ................. 14..3
Final Appiication for Payment ...................... 14.1:
Finallnspe=tion .......................:........... 14.11
Final Payment and Acceptance ............... 14.13-14.14
general ........................................... 8.3. 14
Panial Uniiz31ion .................................. 14.10
Retainage ........................................... 14.2
Review of Applications for Progress
Payments.................................. 14.4-14.7
prompt payment .....................................8.3
Schedule of Values .................................. 14.1
Substantial Completion ............... '.......... 14.8-14.9
Waiver ofOaims .................................. 14.15
when payments due .......................... 14.4. 14.1:3
withholding payment ................... ............. 14.7
Performance Bonds ................................. 5.1-5.2
P:nnits ..................................... ..... ..... 6.13
9
e
Art;cI~ or Paragraph
Numb~r
)
Psroleum-
deiinition of ................................... .. ... 1.30
general .......................... ..... ........ .......4.$
OWNER's responsibility for ........................ 8.10
Physical Conditions-
Drawings of. in or relating to . . . .. .. . .. .. .. .. . .. .. 4.2.1.2
ENGINEER.s review ...............................4.2.4
existing structures ............................ ~ . .. . . 4.2.2
general ................... ........................4.2.1.2
Subsurface and, ...................................... 4.2
Underground Faclities ............................... 4.3
Possible Contract Documents Change ............... 4.2.5
Possible Price and Tunes Adjustments .............. 4.2.6
Reports and Drawings .............................. 4.2.1
Notice of Differing Subsurface: or, . . . . . . . . . . . .. . . . .. 4.2.3
Subsuriac:e and ................ .. . .. .. .. .. .. ... .. .... 4.2
Subsurface Conditions ............................ 4.2.1.1
Tecl1nic:al Data. Umited Reliance by
CONTRACTOR Authorized .................... 4.2.2
Underground Facilities-
gener.a1 .......................................... 4.3
Not Shown or Indicated ......,................ 4.3.2
Protection of ................................ 4.3. 6.20
Shown or Indic:ued ............................ 4..3.1
Tecbnical Data ..................................... 4.2.2
Pn:consttuc:aon Conierence . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2.8
Pr:1iminary Maners ...................................... 2
Pn:Wniaary Schedules .................................. 2.6
Pr=nises. Use of ..................................6.16-0.18
Price, Change of ConU3Ct ............................... 11
Pric:::, Conuact-dcfinition of .......................... 1.11
Progi'ess Payment. Applications for .................... 14.2
Progress paytDCnt--retU~........................... 14.2
Progress schedule, CONTRACI'OR's .....2.6.2.8,2.9.6.6,
6.29. 10.4. 15.2.1
Projca-definition of .................................. 1.31
Project R~n:sentative--
ENGINEER's Status During Construc:tion ............ 9.3
Project Representative. Resident
-definition of ..... ......................... ......... 1.33
prompt payment by OWNER ........................... 8.3
Property Insurnnce
Additional .........".................................. 5.7
geDer.U .......................................... S.~5.10
Pania1 Utilization ........................... 5.15. 14.10.2
r=eipt and application of
proceeds ........ ..................... ..... 5.12.5.13
Protection. Saiety and .. ~ . . . .. . .. ... . ........ 6.20-6.21, 13.2
Punch list..... ......... ~...... .......... ............. 14.11
Radioactive Material--
dcfir.Ution ............~.............................. I~
gcnc::aI .............................................. 4.$
OWNER's reSponsibility for ........................ 8.10
Recommendation of Payment .............. 14.4. 14.5, 14.13
Rec:ard Doc:uments ............................. 6.19. 14.12
Records, procedures for maintUning .................... 2.8
~~ Points .......................................4.4
Rc:ierencc to Standards 'and SpecifiCltiOns
ofTechnic:al Societies ............ .... .. ... .. . ~. ...... . 3.3
. .~)
e
Arr;r:l~ or Paragraph
Number
Regula1ions. uws and (or) ............................ 6.14
Rejecting Defective Work... ............ ..... ...........9.6
Related Work--
at Site ...........................................7.1-7.3
Performed prior to Shop Drawings ,
and Samples submiaaJs review .................. 6..28
Remedies. cumula1ive ............................ 17.4, 17.5
Removal or Com:c:tion of
Defective Work .................................... 13.11
rental agreements, OWNER approval
required .. .................................... 11.4.5.3
replacement of ENGINEER. by OWNER .............. 8.2
Reponing and Resolving Discrepancies .... 2..5, 3.3.2. 6.14.2
ReportS-
and Dtawings ...................................... 4.2.1
and Tests, OWNER's responsibi1ilY .................. 8.4
Residcnt Project Representative--
defitUaonof ........................................1.33
provision for ......................................... 9.3
Resident Superintendent. CONTRACTOR's ........ .....6.2
Responsibilities- '
CONTRACTOR's-in general ........................... 6
ENGINEER.s-in gencr.a1 ............................... 9
Limitations on .................................... 9.13
OWNER's-in gener.a1 .................................. 8
Rewnagc ............................................. 14.2
Reuse of Ooc:ume:1ts ................................... 3.7
Review by CONTRACTOR: Shop Drawings
and Samples Prior to Submittal ...................... 6.25
Review of Applic::uions for Progress
Pay.ments ...................................... 14.4-J4.7
Right to an adjusunenl . .. .. . . .. .. .. .. .. .. .. .. . .. .. . ... 10.2
Rights of Way .......................................... 4. J
Royalties, Palent Fe:s and ............................. 6.12
Saie Structur:ll Loading ............................... 6.18
Safety-
and Protection .......4.3.2. 6.16. 6.18. 6.2~.21, 7.2. 13.2
general ....... . . . . .. . . .. .. . . .. .. . . . . . . . . . . . . ... 6.20-6.23
Representative. CONTRACIOR's ................... 6.21
Samples-
definition of ........................................ 1.34
general ........................................6.24-6.28
Review by CONTRACI'OR ....... ............... ...6.25
Revicw by E,"lGINEER ...... ............ .....6.26,6.27
related Work............................... ~........ 6.28
submittal of ....................................... 6.24.2
submiaaJ procedures ................................ 6.25
Schedule of progress ..... 2.6. 2.8-2.9, 6.6. 6.29. 10.4, 15.2.1
Sc:hedule of Shop Drawing and Sample
Submittals ....................... 2.6. 2.8-2.9, 6.24-0.21
Schedule of Values........................ 2.6, 2.8-2.9, 14.1
Sc:hedules-
Adherence to ..................................... 15.2.1
Adjusting ............................................ 6.6
Change of Contr~c:t Times . . .... . .. . .. . . .. . . . ..... .. 10.4
Initially Acc:::ptable ............................... 2.8-2.9
Preliminary .......................................... 2.6
Scope of Changes .............................. 10.3-10.4
Subsurf:1c:e Conditions .............................. 4.2. J . J
10
e
Article or paragraph
Number
)
Shop Drawings-
-and Samples. general ........................... 6.24-6.28
Change Orders &. Applic:uions for
P:l.yments. and ............................... 9.7-9.9
dciinition of ........................................ 1.35
ENGINEER.s approval of ... ................... ...3.6.2
ENGlNEER's responsibility
for review ............................... 9.7. 6.24-6.28
reJau:d Work ................................. ........ 6.28
review procedures ............. . . . . : . . . . . . . 2.8. 6.24-6.28
submittal required .................................. 6.24.1
Submiaal Procedures ... .. . .. .. .. . .. . . . . . . . .. .. . .... 6.25
use to approve substitutions ........................ 6.7.3
Shown or lndicued ................................... 4.3.1
Site Access ....................................... 7:1.. 13.2
Site Oeanliness ....................................... 6.17
Site. Visits u>-
by ENGINEER ................................ 9.2. 13.2
by others ........................................... 13.2
"Special causes of loss" policy fonn. insurance ....... 5.6.2
Speclficuionr-
definition of ........................................ 1.36
of Te::hnical Societies. reference to.. .. .. .. .. .. .. ... :3.3.1
pn::c:dencc ........................................ 3.3.3
Standards and Specifications of Technical .
SocieDes .......................................... 3.3
Starting Consuuction. Before ....................... 2.5-2.8
Starting the Work .... .. . .. .. .. .. .. .. . . . . . . .. . .. . . . .. ... 2.4
Stop or Suspend Work-
by CONTRACI'OR ................................. 15.5
by OWNER .............................8.8; 13.10. 15.1
Stor-age of materials and equipment ................. 4.1. 7.2
StructUral Loading. Safety ............................. 6.18
SubconD'aClOr-
Concerning. ..................................... 6.8-6.1 1
dciinition of ........................................ 1.37
delays .............................................. 12.3
waiver afrights .................. ............ .......6.11
Subconaac:ors-in general . . . . . . . . . . . . . . . . . . . . . . . . 6.8-6.11
SubconU'3ctS-requircd provisions ........ 5.11. 6.11, 11.4.3
Submiaa1s-
ApplicWons for PaYmenl ........................... 14.2
Maintenance and Operation Manuals ...............14.12
Procedures .. . .. .. .. .. . . . . .. .. .. .. .. .. .. .. .. . .. .. . .. 6.25
Progress ScheduJes .............................. 2.6. 2.9
Saanples ................. . .. . . .. .. .. .. .. .. .. ... 6.24-6.28
Schedule of Values ............................. 2.6. 14.1
Schedule of Shop Drawings and
Samples Submissions .................... 2.6. 2.8-2.9
Shop Drawings................................. 6.24-6.28
Substantial Completio~
=rtificaDan of ........................ 6.30.2.3. 14.8-14.9
definition of .............................. ........... 1.38
Substitute Consuuction Methods or Procedures ....... 6.7.2
SubstitUlCS and "Or Equal" items ...................... 6.7
CONTRACI'OR's Expense .. .......... ...... ..... 6.7.1.3
ENGIN'EER.s Evaluation .......................... 6.7.3
"Or-Equal" ........................................ 6.7.1
Substiwa: Consuuction Medlods of Procedures .. . .. 6.7.2
. )
,-
e
Article or Paragraph
Number
Substitute Ilems ..................................6.7.1.2
Subsurface and Physical Conditions-
Drawings of. in or relating to . .. .. . . . .. . . .. . .. .. .. 4.2. 1.2
ENGINEER.s Review ... ........ ...... ............4.2.4
general ................. ........................ ..... 4.2
Limited Reliance by CONTRACI'OR
Authorized..... ................... ............ 4.2.2
Notice of Differing Subsurface or
Physical Conditions .................... .. .. .. . .. ... 4.2.3
Physical Conditions.. ................... ............4.2.1.2
Possible Contract Documents Change ................. 4.2.5
Possible Price and Times Adjustments .... . . . . . . . . . . .. 4.2.6
Repons and Drawings ................................ 4.2.1
Subsurface and . .. . . . . .. .. .. .. .. . .. . .. .. .. .. . . .. . .... 4.2
Subsurface Conditions ar. the Site ................. 4.2. 1.1
Te:hnic:aJ 0aIa ..................................... 4.2.2
Supe:-vision-
CON't'RACTOR.s responsibility ...................... 6.1
OWNER shall nol supervise ...... . . . . .. . . . . .. .. .. .. . 8.9
ENGINEER shall not supervise ...............9.2.9.13.2
Superintendence ....................................... 6.2
Superintendent. CONTRACTOR's resident ...........6.2
Supplemental costs .................................. 1 1.4.5
Supplementary Conditions-
definition of ............................. . .. .. .. .... 1.39
principal reference to .... 1.10. 1.1 8, 2.2. 2.7, 4.1. 4.3. 5.1.
5.3.5.4.5.6-5.9..5.11.6.8.6.13.7.4.8.11.9.3.9.10
Supplementing Contract Documents .................... 3.6
Supplier-
definition of ........................................ 1.40
principal references to ..................3.7. 6.5. 6.U.JJ.
6.20.6.24.9.13. 14.12
Waiver of Rights .................... _...... ......... 6.J J
Surety-
consent to final paymenl ..................... 14.12. 14.14
ENGINEER has no duty to .........................9.13
Notification of ........................... 10.1. 10.5. 15.2
qualification of ................................... 5.1-5.3
Survival of Obligations ................................ 6.34
Suspend Work. OWNER May .................. I~.IO. 15.1
Suspension of Work and Tcnnination- .................. 15
CONTRACTOR May Stop Work or
Terminate ........................................ 15.5
OWNER May Suspend Work ....................... 15.1
OWNER May Terminate ....................... 15.2-15.4
Taxes-Payment by CONTRACIOR .. ......... .........6.15
Te--..tmical Dar.a-
Limited Reliance by CO~i1'R.~R ............... 4.2.2
Possible Price and Tunes Adjustments .............. 4.2.6
Repons of Differing Subsurface and
Physic:al Conditions .............................. 4.2.3
Temporary constrUction faczlities ........................ 4.1
Termirwion-
by CON"I'RACTOR ............................ ..... 15.5
by OWNER ............................... 8.8.15.1-15.4
ofENGlNEER's employment ........................8.2
Suspension of Work-in gene::1l ........................ 15
Tenns and Adjectives ........................... ... ..... 3.4
Tests :and Inspections-
11
e
)
Article or Paragraph
. Number
_ Access to the Work. by othcs ....... . .. .. .. .. .. .... 13.2
CONTRACTOR.s responsibilities.................... 13.5
cost of .... .......................................... 13.4
covering Work prior to ......................... 13.6-13.7
Laws and Regulations (or) .......................... 13.5
Notice of Def'cc:is ................................... 13.1
OWNER May Stop Work .......................... 13.10
OWNER's independent testing ......................13.4
special. required by ENGINEER ..................... 9.6
timely notice required ............................... 13.4
Uncovering the Work. at ENGINEER.s
request .................................... 13.8-13.9
TunC$-
Adjusting ..;......................................... 6.6
Change of ConU3Ct ................................... 12
Adjusting ............................................ 6.6
Computation of ..................................... 17.2
Contr.ICt "limc:s--<fefiniuon of ....................... 1.12
day . . . .. . . . .. .. . . .. . . . .. . . .. . . . . .. .. .. .. .. .. .. . .. ..17.72
Milestones ........:.................................. 12
Requirements-
appeals .......................................... 16
clarifications. claims and
disputes ............................. 9.11,11.2. 12
commencement of conb'ad times ..... ..... .........2.3
preconstruction confcrenc::: .........................2.8
schedules ................................. 2.6. 2.9. 6.6
starting the Work .................................. 2.4
"lide. Warranty o( ..................................... 14.3
Uncovering Work ............................. ... 13.8-13.9
Underground Facilities. Physical Conditions-
definition of .............................. .... ...... 1.41
Not Shown or Indicated. ......... ... .......... .....4.3.2
protection of ................... .. .. .. .. .. .. .. .. 4.3, 6.20
Shown or Indic:ated. ................................ 4.3.1
Unit Price Work-
c:laims ............................................ 11.9.3
definition of ............................... .......... 1.42
genc."3I ................................... 11.9, 14.1. 14.5
Unit Pric::s-
genc.-aI ........................................... 11.3.1
Dctennination for... .. ......... ..................... 9.10
Use of Premises ........................ 6.16. 6.18, 6.30.2.4
Unlit)' owners ......................6.13; 6.20. 7.1-7.3,13.2
)
e
Anicle or Paragraph
Numbt:r
Utilization. Partial ............... 1.28. S.15. 6.30. 2.4. 14.10
Value of the Work ..................................... 11.3
Values. Schedule of ....................... 2.6. 2.8-2.9. 14.1
Variations in Work-Minor
Authorized................................ 6.25. 6.IT. 9.5
Visits of Site-by ENGINEER ......................... 9.2
Waiver of Claims-on Final
Payment ........................................... 14.15
Waiver of Rights by insured parties ............... 5.11. 6.11
Warranty and Guarantee. Gene:aJ-by
CON"I'RACIOR .................. .. . .. .. . .. . .... ... 6.30
Warranty of1itle. CONTRACrOR.s ...................14.3
Work- .
Access to .................................. ......... 13.2
by others, .............................................7
Changes in the ................................ ....... 10
Continuing the. ............................... .. .... 6.29
CONTRAcroR May SlOP Work
or Tenninate .......... . . . . .. . . . . . . . . . . . . . . .. ... 15.5
Coorciinauon of ...................................... 7.4
Cost of the .........................:........... 11.4-11.5
definition of ........................................ 1.43
neglec-.ed by CONTRACTOR ...................... 13.14
other Work ....................................... .. ... 7
OWNER May SlOp Work .......................... 13.10
OWNER May Suspend Work .... ............. 13.10. I!.I
Rewed. Work at Site... ....... .. ..... ... ......... 7.I-i.3
Starting the .......................... ........ ........ 2.4
Stopping by CONTRAcroR ....... ...... ........... 15.5
Slopping by OWNER .................. ........ 15.1-15.4
Variation and deviation authorized.
nUnor ...........................................3.6
Work Change Direcuvc-
claims pursuant to .................................. 10.2
definition of ........................................ 1.44
principal references to .................... 3.5.3. 10.1-10.2
Written Amcndmcnt-
definition of ............. . . .. . . . . . . . . .. . . . . .. . .. .... 1.45
principal references to... 1.10.3.5,5.10.5.12.6.6.2. 6.8.!.
6.19, 10.1, 10.4. 11.2. 12.1. 13.12.2. 14.;02
Written Clarifications and
IntetllreraUons ........................... 3.6.3, 9.4, 9.11
Written Notice Rcquired-
by COJll'TRACTOR ........ 7.1. 9.1~9.11. 10.4. 11.2. 12.1
by OWNER....................9.1~9.1l. 10.4. 11.2. 13.14
12
e
GENERAL CONDmONS
· ARTICLE I-DEFINITIONS
Wherever used in these General Conditions or in the other
Ccmuact Documents the foUowing terms have the meanings'
indicau:d which an:: applicable to both the singular and plural
thereof:
1.1. AddendG-Wril1en or graphic instrUments issued prior
to the opening of Bids which clariiy, correct or change the
Biddiag Requirements or the ConU'aCt DocumentS.
1.2. Agreemem-The written contract between OWNER
and CONTRACI'OR covering the Work to be performed; other
Con~ DocumentS are attached to the Agreement and made
a part thereof as provided therein.
1.3. Applicalionfor Payment-The form accepted by EN-
GINEER which is to be used by CONTRACIOR in requesting
progress or final paymentS and which is to be accomp8nied by
such supporting documentation as is required by the Contract
DocumentS.
J.
1.4. Asbestos-Any materiallhat contains more than one
percent 'asbestos and is friable or is releasing asbestos fibers
into the air above cum:nt action levels estab&shed by the
United Stales Occupational Safety and Health Admiuismuion.
1.5. Bid-The offer or proposal of the bidder submitted on
the prescribed form sening Conh the prices Cor the Work to be
performed.
1.6. Bidding Doclll7lenu-The advenisement or invitation
to Bid, instructions to bidders. the Bid form. and the proposed
Contract DocumentS Cmcluding all Addenda issued prior to
rec:::ipt of Bids). .
1.7. Bidding Requirements-The advertisement or invita-
tion to Bid. insuuctions to bidders, and the Bid fonn.
1.8. Bonds-Perfoi"mancc and Payment bonds and other
instruments of security.
1.9. CJuurge Order-A document recommended by ENGI-
NEER. which is signed by CONTRACTOR and OWNER and
authorizes an addition. deletion or revision in the Work. or an
adjusanent in the Conttact Price or the Conuaa Tunes. issued
an or after. the Eff'ective Dare of the Agre::ment.
)
'-,,::
1.10. Contract Documents-The Agre:ment. Addenda
(which pertain to the ConU3Ct Documents), CONTRAC'I'OR.s
Bid (iacluding docume~ClIion accompanying the Bid and any
post Bid documenCllion submiaed prior to the Notice of
Award) when aa:ached as an exhibit to the Agreement. the
Notic: to Proc::cd. the Bonds. these General Conditions. the
Supplementary Conditions. the Spedf;Qtions and the Or.lw-
iDgs as the same are more specific:a1ly idcntifiedin the Agre:-
e
ment. together with all Written Amendments. Change OrderS.
Work Change Directives. Field Orders and ENGINEER.s
written inwpreauions and clarificLtions issued pursuant to
paragraphs 3.5. 3.6.1. and 3.6.3 on or after the Effective Date
of the Agreement. Shop Drawing submittals approved pursu-
ant to paragraphs 6.26 and 6.I1 and the reportS and drawings
referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract
DocumentS.
1.11. ComrtZct Price-The moneys payable by OWNER to
CONTRACTOR far COmpletioD of the Work in ac:cordaD=
with the ConU3Ct DocumentS as staled in the Agreement
(subject to the provisions of paragraph 11.9.1 in the case of
Unit Price Wotk).
1.12. ComrtZct Tunes-The numbers of days or the dates
staled in the Agreement: (i) to achieve Substantial Completion.
and (ii) to complete the Worle so that it is ready Car fiaal
payment as evidenced by ENGlNEER.s written recommenda-
tion oflina! payment in accordance with paragraph 14.13.
1.13. CONTRACIOR- The person. finn or corporation
with wham OWNER has enre."'Cd into the Agreement.
1.14. d~f~ctive-An adjective which when modifying the
word Work refers to Work that is unsatisfactory. faulty or
deficieDt. in that it does not coniorm to the Contract Docu-
ments. or does DOt meet the requirements of any inspection.
reference standard. test or approval refert"ed to in the
ConU'aCt Documents. or has been damaged prior to ENGI-
NEER's recommendation affinal payment (unless responsi-
bilityfor the protection thereofhas been assumed by OWNER
at Substantial Completion in accordance with paragraph 14.8
or 14.10).. ,
1.15. Drawings-The drawings which show the scope,
extent and character of the Work to be furnished and per-
Conned by CONI'RACTOR and which have be:n prepared or
approved by ENGINEER and are referred to in the CoDU'aCt
Documents. Shop drawings are not Drawings as sa defined.
1.16. EJfectiv~ Date of th~ Agreement-The date indicated
in the Agreement an which it becomes effective. but if no such
date is indic::ued it means the date on which the Agre:ment is
signed and delivered by the last of' the two parties to sign and
deliver.
1.17. ENGINEER-The person. finn or corporation named
as such in the Agre:ment.
1.18. ENGINEER's COtUlluDJlt-A person. firm or co~
ration having a contract with ENGINEER to furnish servic:s
as ENGINEER's independent professional associare or con-
sultmt with respect to the Projea and who is idenDfied as such
in the Supplementary Conditions.
1.19. Fi~Jd Order-A written order issued by ENUlNEER
which orders minor cbanges in the Work in ac:cordanc: with
paragraph 9.5 but which does not involve a change in tbc
Conb"aCt Pric:: or the Contract Tunes.
13
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1.20. G~n~ral R~quir~~nls-Sections oCDivision I of the
_ Specifications.
1.21. Haz.ardous Wast~The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Soiid Waste
Disposal Act (42 USC Section 69(3) as amended from time to
time.
1.22. lAws and R~:ullllions: lAws or Regultuions-Any
and all applicable laws. rules. regulations. ordinanc::s. codes
and orders of any and aU govemmenral bodies. agencies.
authorities and coutts having jurisdiction.
1.23. Li~ns-Liens. charges. security intereSts or encum-
brances upon n:::lJ property or personal property.
1.24. Milestone-A principal event specified in the Con-
tract Doc:uments reiating to an intemiediate completion date or
time prior to Substantial Completion of all the Work.
.1.2S. NOlice of Award-The written notice by OWNER to
the apparent successful bidder Stating that upon compliance by
the apparent successful bidder with the conditions precedent
enwneraIed therein. within the time specified. OWNER will
sign and deliver the Agre-..menL
'.)
1.26. Notice to Proceed-A written notic:egiven by OWNER
to CONTRACTOR (with a copy 10 ENGINEER) lixing the
dale on which the: Contract Tunes will commence to run and on
which CONTRACTOR shaD stan to perform CONTRAC-
TOR.s obligations under the Contract Documents.
1.27. OWNER-The public: body or authority. corpora-
tion. association. firm or person with whom CONTRACTOR
has entered into the Agr=ment and for whom the Work is to be
provided.
1.28. PartUil Utilizazion-Use by OWNER of a substan-
tially completed pan of the Work for the purpose for which it is
intended (or a related purpose) prior to Substantial Completion
of all the Work.
1.29. PCBs-Polychlorinated biphenyls.
1.30. hrroJeum-P=troleum. including crude oil or any
fraction thereof which is liquid at' standard conditions of
tempetatUre and pressure (60 degre:s Fahrenheit and 14.7
pounds per square inch absolute). such as oil. petroleum. fuel
oil. oil sludge. oil refuse. gasoline. kerosene. and oil mixed with
other non-Hazardous Wastes and c:i'ude oils.
1.31. Project-The toral consauction of which the Work to
'be: provided under the Contract Documents may be the whole.
or a part as indicated elsewhere in the Conttact Documents.
-)
\......
1.J2.. R.tuIioacliv~ Material--Source. special nuder. or
byproduct material as defined by the Atomic Energy Act of
1954 (42 USC Section 2!)1 I et seq.) as :unended from time to
time.
e
1.33. R~sidenl Project Repr~senltUiv~ The authorized
representative oCENGINEER who may be assigned to the site
or any part ~ereof.
1.34. Samples-Physical examples of materials. equipmeut,
or workmanship that are representative of some portion of tbc
Work and which establish the standards by which such portion
of the Work wiJJ be judged.
1.35. Shop Drawings-All drawings. diagrams. musua-
lions. schedules and other da1a. or information which are
specific:aJly prepared or assembled by or for CONTRACTOR
and submitted by CONTRACTOR to Rlustrate some portion of
the Work.
I .36. Sp~cifictUiDns- Those ponions of the ContnlCt Ooc:-
uments consisting of wrinen technical descriptions of materi-
als. equipment, construction systems. standards and workman-
ship as applied to the Work and certain administrative deClils
applicable thereto.
1.37. Subcontractor-An individual. finn or corporation
having a direct contract with CONTRACTOR or with anv
other Subcontractor for the performance of a part of the Work
at the site.
1.38. Substantial Completion-The Work (or a specified
part thereot) has progressed to the point where. in the opinion
of ENGINEER as evidenced by ENGINEER's definitive
certificate of Substantial Completion. it is sufficiendy com-
plete. in ac:ordance with the Contr.lCt Documents. so that the
Work (or specified pan) can be uulized Cor the purposes for
which it is ill tended; or jfno such ceniiicate is issued, when the
Work is complete and ready for final payment as evidenced by
ENGINEER's wrinen l'C""..ommendation of final payment in
ao:ordancc with paragraph 14.13. The tenDS "substantiaIty
complete'" and "substantially completed" as appiicd to all or
part of the Work refer to Substantial Completion thereof.
1.39. Supp/~m~ntary Conditions-The pan of the C.ontract
Documents which amends or supplements these General Con-
ditions.
1.40. Supplier-A manufacturer. fabricator. sUl'plier. dis-
tnDutor. materialman or vendor having a direct conaac:t with
CONTRACIOR or with any Subcontractor to furnish materi-
als or equipment to be inco~rated in the Work by CON-
TRACTOR or any Subcontractor.
1.41. Underground FaciIiri~s-A1l pipelines. conduits. ducrs.
cables. win:s, manholes. vaults. tanks. tunnels or other such
facilities or aaachments. and any enCLSementS containing such
facilities which have: been inszallcd underground to furnish any
of the following services or materials: electricity. gases. steam.
liquid peuoleum products. telephone or other communica-
tions. Clbie television. sewage and drainage removal. traffic or
other conuol systems or water.
1.42. Unit Price Work-Work to be paid for on the basis of
unit prices.
14
1.43. "'Q'*- The entire comPI! consuuction or the var-
ious sepamcly identffiable partS thereof required to be fur-
nished under the ConU3Ct Documents. Worle includes and is
~e result of perfonnmg or furnishing labor and furnishing and
incorpor.uing materials and equipment into the consuuc:tion.
and performing or furnishing services and furnishing docu-
ments. all as required by the ConU3Ct Documents.
1.44. Work C1umg~ Dir~ctille-A written directive to CON- .
TRACI'OR. issued on or after the Effective Date of the
Agr=ncat and signed by OWNER and recommended by
ENGINEER. ordCrlng an addition. deletion or revision in the
Worle. or responding to differing or unforeseen physical condi-
tions under which the Worle is to be perfonned as provided in
paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A
Work Change Directive will not change the Contract Price or
the ConU3Ct Times, but is evidence that the parties expect that
the change dir=tcd or d()Cwnented by a Work Change Direc-
tive will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect. if
any, on the Contract Pric: or Contract Times as provided in
paragraph 10.2.
1.45. Wrillen Am~ruJmenl-A written amendment of the
Contr.ICt Documents. signed by OWNER and CONTRACTOR
on or after the Effective Date of the Agreement and normally
dealing with the nonengineering or nontechnical rather than
saictly consuuction-rebued aspects of the Conuact Docu-
ments.
")
ARTICLE 2-PRELIMINARY MATI'ERS
D~ 01 Boruis:
2.1. When CONTRACTOR delivers the executed Agree.
ments to OWNER. CONTRACIOR shall also deliver to
OWNER such Bonels as CONTRACTOR may be required to
furnish in accordance With paragraph 5.1.
CDp;.u 01 DOCllnIDIU:
2.2. OWNER shall furnish to CONTRACIOR up to ten
copies (unless otherwiSe specified in the Supplemenwy Con-
ditions) of the Contract Documents as are reasonably neces-
sary for the execution of the Work. Additional copies w1ll be
furnished. upon requeSt. at the cost of reproduction.
Co~ 0lCo1Jlrtl&t TImU; Nodce III Proc.I:
,)
2.3. The Contr3Ct Tunes wiD commence to run on the lbirti-
em day ate=' the Effeaive Dare of the Agreement. or. if' a NoUcc
to Proc:=d is given. on the day indic::lll:d in the Nolice to Prac=d.
A Noli= to Proc:ccd may be given at any tiinc within thirty days
after the Eifeaive Dale of the Agreement. In no event wiD the
Conuact Tunes Lce to run later than the sixtieth day after
the day of Bid opening or the thirtieth day ate=' the Effective Dale
of the Agreement. whichever dale is e:uiier.
SIllTting the Wort:
2.4. CONTRACI'OR shall start to perfonn the Work on the
dale when the ContnlCt Tunes commence to run. but no Worle
shall be done at the site prior to the date on which the Contract
Times commence to run.
Before SlIJ7fing CDnsInU:ti.on:
2.5. Before undertaking each part of the Work. CON-
TRACTOR shall carefully study and compare the CODU3Ct
Documents and check and verify pertinent figures shown
thereon and aU applicable field measurements. CON'I'RAC-
tOR shall promptly report in writing to ENGINEER any
conftict. error. ambiguity or discrepancy which CONTRAC-
tOR may discover and sball obtain a written interpretation or
c1arificaIion from ENGINEER before pnx:eeding with any
Work affected thereby; however. CONTRACI'OR shall not be
liable tp OWNER or ENGINEER for failure to report any
conftic. error. ambiguity or discrepancy in the ContnlCt Doc-
uments. unless CONTRACIOR knew or reasonably should
have known thereof.
2.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Requirements).
CONTRACTOR shall submit to ENGINEER for review:
2.6.1. a preliminary progress schedule indicaIing the
times (numbers of clays or dales) for starting and completing
the various smges of the Work. including any Milestones
specified in the Contract Documents;
2.6.2. a preliminary schedule of Shop Drawing and Sam-
ple submiaals which wilt list each required submittal and the
times for submitting, reviewing and processing such submit-
tal;
2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of itemS
agreg:ating the Contr.lCt Price and will subdivide the Work
into component parts in sufficient dewl to serve as the basis
for progress payments during consuuction. Such prices WIll
include an appropriate amount of overhead and profit appli-
cable to each item of Work.
2.7. Before any Work at the site is s:arted. CONTRACTOR
and OWNER shall each deliver to the other. with copies to
each additional insured identified in the Supplemenwy Condi-
tions. certificates of insurance (and other evidence ofinsurance
which either of them or any additional insured may reasonably
request) which CONTRACTOR and OWNER respectively are
required to purchase and maintain in accordance with para-
graphs S.4. 5.6 and 5.7.
Pm:DlISII'fIl:IiDn Ctlftlermce:
2.S. Within twenty days after the Contract Times start to
run. but before :my Work at the site is sQrted. a conference
15
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aaended by CON1'RACTOR. ENGINEER and others as a~
prapriale will be held to esrablish a worfcjng upderstanding
-among the parties as to the Work and to discuss the schedules
ref'emd to in paragroph 2.6. procedures for handling Shop
Drawings and other submittals. processing Applicuions for
Payment and maintaining required records.
lllililzJly Ac:q1llb14 S~t:
),
2.9. Unless otherwise provided in the Contract Docu-
ments. at least ten days before submission of the first Applica-
tion for Payment a conference anended by CONTRACIOR.
ENGINEER and others as appropriate will be held to review
for acceptability to ENGINEER as provided below'the sched-
ules submitted in acc:ordanc:: with paragraph 2.6. CONTRAC-
TOR shall have an additional ten days to make corTCCZions and
adjustments and to complete and resubmit the schedules. No
progress payment shaJl be made to CONTRAC'IOR unbl the
schedules are submined to and ac:ceptable to ENGINEER as
provided below. The progress ,schedule will be aa:eplable to'
ENGINEER as providing an orderly progression of the Work
to completion within any specified Milestones and the Contract
Tunes. but such acceptance will neither impose on ENGI-
NEER responsibility for,the sequencing. scheduling or progress
of the Work nor interfere with or relieve CONTRACI'OR from
CONTRAC'I'OR.s full responsibiJitytherefor. CONTRACTOR.s
s~edule of Shop Drawing and Sample submissions will be
ac:..-pmble to ENGINEER as providing a worlcable amnge-
ment for reviewing and proc::ssing the required submitta1s.
CON1'RACTOR.s schedule of values will be acc:plable to
ENGINEER as to form and substance.
ARTICLE 3-CONTRACr DOCUMENTS: INTENT.
AMENDING. REUSE
llIlaIt:
3.1. The Contract. Documents comprise the entire agree-
ment betwe:n OWNE~ and CONTRACTOR concerning the
Work. Toe ConU'aCt Documents are complemenrary; whal is
c:alled for by one is as binding as if called for by all. The
Conll3Ct Documents wiJI be construed in accordance with the
law of the place of the Project.
')
3.2. It is the intent of the ContraCt Documents to describe
a ftmctionally complete Project (or Part thereon to be con-
str1Icrtd in accaii:lance with' the Contract Documents. Any
Work., materials or equipment that may reasonably be infcrml
fi'om the Contract Documents or from prcvai1"mg custom or
trade usagt: as being required to prodw:: the intended result
w;n be fUrnished and perfonned whether or not spec:iiic::lDy
called for. When wordS or phrases which have a weIJ- known
b!dtnical or construction indUStry or trade meaning are used to
describe Work. materials or equipment. such words or.phrases
shaD be interpreted in accordance with that meaning. Cl:uifi-
':-
e.
cations and interprerations of the Contract Doc:umentS shall be
issued by ENGINEER as provided in paragraph 9.4.
3.3. Re/~ III SIIuuIiud.s and SpcdJit:lllion.s o/TeduUaJl
So~; Reponing and Resolving DiscnptZJU:i.u:
3.3.1. Reference to standards. specifications. manuals or
codes of any technical society. organization or ll~tion.
or to the Laws or Regulations of any governmental authority.
whether such reference be specific or by implic:atio~ shall
mean the latest standard. specific:atio~ manual. code or
Laws or Regulations in effect at the time of opening of Bids
(or. on the Effective Dale of the Agreement if there were no
Bids). except as may be otherwise specifically stated in the
Contract Documents.
3.3~ If, during the performance of the Work. CON-
TR."CIOR discovers any conflict. error. ambiguity or dis-
crepancy within the Contract Documents or between the
Contr3Ct Documents and any provision of any such Law or
Regulalion applicable to the pc::rfonnance of the Work or of
any such standard. specification. manual or code or of any
instruction of any Supplier referred to in plU3graph 6.5.
CONnACI'OR shall report it to ENGINEER in. writing at
onc:. and. CONTRACI'OR shall not proceed with the Work
affected thereby (except in an emergency as authorized by
paragraph 6.23) until an amendment or supplement to the
Contract Documents has be:n issued by one of the methods
indicated in paragraph 3.5 or 3.6; provided. however. that
CONTRACroR shall not be liable to OWNER. or ENGI-
NEER for f311ure to report any such conflie:. error. ambigu-
ity or discrepancy unless CONTRAcroR knew or reason-
ably should have known thereof.
3.3.3. Exc:pt as otherwise specifically stated in the
Contract Documents or as may be provided by amendment
or supplement thereto issued by one of the methods indi-
cated in paragraph 3.5 or 3.6. the provisions of the Contract
Documents shall take precedence in resolving any conflict.
error. ambiguity or discrepancy between the provisions of
the Contract Documents and:
3.3.3.1. the provisions of any such standard. speci-
fic:uion. manual. code or instruction (whether or not
specifically incorporated by reference in the Contract
DocwnenlS); or
3.3.3.2. the provisions of any such Laws or Regu-
lations appliClble to the perfonnance of the Work
(unless such an interpretation of the provisions of the
Contr3Ct DocumenlS would result in violation of such
Law or Regulation).
No provision of any such stmtdard. specification. manual.
code or instruction shall be effective to change the duties and
rcsponsibilitiesofOWNER. CONTRAcroR or ENGINEER.
or any of their subcontractors. consultants. agents. or em-
ployc:s from those set forth in the Contract Documents. nor
shall it be effective to assign to OWNER. ENGINEER or
any ofENGINEER.s Consultants. agents or :mployees any
duty or authority to supervise or direct the furnishing or
16
e
peri'onnance of the Work or any duty or authority to under-
take responsibility inconsistent with the provisions of para-
e p2ph 9.13 or any other provision of the ContraCt Ooc:u-
mcnts.
3.4. Whenever in the ConlJ'aCr Documents the terms "as
ordered:. "as directed:' .'as required." "as allowed;. "as
lIIIProved" or terms of like effect or import are used, or the
adjectives .'rasonable:' "suitable:' ..~~Ie:' "proper'.
or usaUsf'ac:lory" or adjectives of like effect or import are
used to describe a requirement. din:ction. review or judg-
ment ofENG1NEER as to the Work. it is intended that such
requirement., direction. review or judgment will be solely to
evaluate. in general. the completed Work for compliance
with the requirements of and information in the Connet
Documents and conformance with the design cone::pt of the
completed Project as a functioning whole as shown or
indiC31C:! in the Contract Documents (unless there is a
specific statement indicating otherwise). The use of any such
term or adjective shall not be effective to assign to ENGI-
NEER any duty or authority to supervise or direct the
furnishing or performance 9f the Work or any duty or
authority to undertake responsibmty contrary to the provi- .
sions of paragraph 9.13 or any other provision of the
Contract Documents.
AmadiDr tmd Supplmwuing CD1IIIfII:l DtICIllMnts:
)
3.5. The Contract Documents may be amended to provide
fOf additions. deletions and revisions in the Work Of to modify
me terms and conditions then:ofin one or more of the rolJowing
ways:
3.5.1. a formal Written Amendment.
3.5.2. a Change Order (pursuant to paragraph IDA). or
3.5.3. a Work Change Directive (pursuant to
pamgraph 10. I).
3.6. In addition. the requirements of the Conuact. Docu-
ments may be suppl~ented. and minor variations and devia-
tions in the Work may be authorized. ili one or more of the
following ways:
3.6.1. a Field Order (~~ to paragraph 9.5).
3.6.2. ENGINEER.s approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 6.21). or
3.6.3. ENGINEER's wriucn interprewion or clariiica-
. tion (pursuant to paragraph 9.4).
Rauc of D~nts:
, )
'-
3.7. CONTRACTOR. and any SubcontractOr or Supplier
or other pcr50n or orpnizadon performing or furnishing any of
the Work under a dire:t or indirect conU3Cl with OWNER (i)
shaD not have or acquin: any tide to or ownership rights in any
e
of the Drawings. Spec:ific::uions or other documents (or copies
of any thereoO prepared by or bearing the seal of ENGINEER.
or ENGINEER.s Consultant. and (ii) shall not reuse any of
such Drawings. Specifications. other documents or copies on
extensions of the Project or any other project without writtcD
consent of OWNER and ENGINEE.~ and specific written
verification or adaption by ENGINEER.
ARTICLE 4-AVAlLABlurY OF LANDS;
SUBSURF.-\CE AND PHYSIC"-L
CONDmONS; REFERENCE POINTS
AwziJDbiJizy of lAnds:
4.1. OWNER shall furnish. as indicated in the Contract
Documents. the lands upon which the Work is to be performed.
rights-of-way and =sements for access thereto. and such other
lands which are designated for the use of CONTRACTOR.
Upon re3Sonable written request. OWNER shall furnish CON-
TRACTOR with a correct statement of record legal tide and
lepl description of the lands upon which the Work is to be
perfonned and OWNER.s interest therein as nec:ssary for
giving notie:: of or filing a mechanic's lien against such lands in
ac::ordane:: with applicable Laws and Regulations. OWNER
shall identify any encumbrances or restrictions not of gener.al
appiic:ation but specificalJy related to use of lands so furnished
with which CONTRACTOR wiD have to comply in perfonning
the Work. Easements for penuanent structures or permanent
changes in existing faaiities Will be obtained and paid for by
OWNER. unless otherwise provided in the ConEraCt Docu-
ments. If CONTRAcroR and OWNER are unable to agree on
e:1tidement to or the amount or extent of any adjustments in the
Contract Price or the Contract Times as a result of any delay in
OWNER's furnishing these lands, rights-of-way or easements.
CONTRACTOR may make a claim therefor as provided in
Articles It and 12. CONTRACTOR shall provide for all
additional lands and acc:ss thereto that may be required for
temporary constrUction facilities or storage of matc:ials and
equipment.
4.2. SuJmuftIU anti PIaysiaIl CD1UiitiDIU:
4.2.1. Reports and Drawinp: Reference is made to the
Supplementary Conditions for identification of:
4.2.1.1. Subsurface CDnditiolU: Those reports of explo-
rations and tests of subsurface conditions at or contiguous to
the site that have be:n utilized by ENGINEER. in preparing
the Contract Documents; and
. 4.2.1.2. Physical Conditions: Those drawings of physi=1
conditions in or reJaIiDg to existing surfac: or subsurf'ac=
suuc:mn:s at or contiguous to the site (except Underground
F.lclities) that have been utilized by ENGINEER in prepal"-
ing the Contract Doc:uments.
17
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4.2.2. LimiJed Reliance by CONTRACTOR Authoriz.ed:
Tec/uricDl Data: CONTRACIOR may rely upon the general
ac..""UI3C)' of the ..techniC1l data.. conrained in such reports and
· dtawings, but such reportS and drawings an: not Conuact
Documents. Such "tec:hniC1l data., is identified in the Supple-
mentary Conditions. Exc..-pt for such reiiance OIJ such "tc:ch-
nical data,.. CONTRACIOR may not rely upon or maIce any
claim against OWNER. ENGINEER or any of ENGINEER's
Consultants with respect to:
4.2.2.1. the completeness of such reports and drawings
for CONTRACTOR's purposes, including. but not limited
to, any aspectS of the mc:ms. methods. techniques, se-
quences and procedures of construction to tie employed by
CONTRACTOR and safety precautions and programs inci-
dent thereto, or
4.2.2.2. other data, interpretations, opinions and infor-
mation conrainc:d in such reports or shown or inciicaled in
such dtawings, or
4.2.2.3. any CONTRACI'OR interpretation of or conclu-
sion'drawn from any "technical data" or any such data,
interprewions, opinions or infonnation. .
4.2.3. Notice of Differing Subsurface or PIr)'sicol Condi-
tions: If CONTRACTOR believes that any subsurface or
physical condition at or contiguous to the site that is uncovered
or revealed either:
."
.J
4.2.3.1. is of such a nature as to establish that any
"technical daza" on which CONTRACTOR is entitled to
. rely as provided in paragraphs 4.2.1 and 4.2.2 is materially
inac:cura.tc, or
4.2.3.2. is of such a nature as to require a change in the
Conuact Documents, or
4.2.3.3. differs matcri;uly from that shown or indicated in
the Contract Documents. or
4.2.3.4. is of an unusual nature, and differs malerially
from conditions ordinanly encoulnered and generally recog-
nized as inherent in work of the character provided for in the
Contract Documents; then
CONTRACTOR shall, promptJy after becoming aware thereof
and before further disturbing conditions affected thereby or
performing any Work in connection therewith (exc:pt in an
emergency as penniued by paragraph 6.23), notify OWNER
and ENGINEER in writing about such condition. CONTRAC-
TOR shall not further disturb such conditions or perform any
Work in connection therewith (except as alorcsaid) unal re-
c::ipt of wriacn order to do so. '
-)
.-
4.2.4. ENGINEER. s Review: ENGINEER WIll promptJy
review the pcninent conditions. determine the nec=sity of
OWNER's obraining additional exploration or tests with re-
spect thereto and advise OWNER in writing (with a copy to
CONTRACTOR) of ENGINEER's findings and conclusions.
e
4.2.5. Possible CDfIlract DDcumenu CJrang~: If ENGI-
NEER concludes that a change in the Conttact Doc:uments is
required as lt1CSult of a condition that meets one or more of the:
cuegories in paragraph 4.2.3., a Work Change Directive: or a
Change Order will be issued as provided in Article 10 to reflect
and document the consequenc::s of such change:..
4.2.6. Possible Price and Tunes Adjustmenu: An equiahlc
adjustment in the Contract Price or in the ConU3Ct Times. or
both. will be allowed to the extent that the existence of such
uncovered or revealed condition causes an increase or de-
crease in CONTRACIOR's cost of. or time required for
perfonnance of. the Work; subject. however. to the following:
4.2.6.1. such condition must meet anyone or more oithe
categories desaibed in paragraphs 4.2.3.1 through 4.2.3.4.
inclusive;
4.2.6.2. a change in the Contract Documents pursuant to
paragraph 4.2.5 WIll not be an automatic authorization of nor
a condition precedent to entitlement to any such adjustment:
4.2.6.3. with respect to Work that is paid for on a Unit
Price Basis, any adjustment in Contract Pric: WIll be subject
to the provisions of paragraphs 9.10 and 11.9; and
4.2.6.4. CONTRACI'OR shall not be entitled to any
adjustment in the Contract Pric: or Tunes if;
4.2.6.4.1. CONTRACIOR knew of the cxistenc: of
such conditions at the time CONTRACTOR made a final
commitment to OWNER in respect of ConU3Ct Price and
Contr.ICt Tunes by the submission of a bid or becoming
bound under a negotiated contract; or
4.2.6.4.2. the existenc: of such condition could rea-
sonably have been discovered or revealed as a result oi
any examination. investigation. exploration, test or study
of the site and contiguous areas required by the Bidding
Requirements or Contract Documents to be conducted by
or for CONTRACTOR prior to CO.NTRACI'OR's making
such final commitment; or
4.2.6.4.3. CONTRACTOR failed to give the written
notice within the time and as required by paragraph 4.2.3.
If OWNER and CO}\.':-RACTOR an: unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract. Price or Contract Tunes.
a claim may be made therefor as provided in Articles 11 and 12-
However. OWNER. ENGINEER and ENGINEER's Consult-
ants shall not be liable to CON"I'RACI'OR for any claims.
costs. losses or ~ sustained by CON1'RACI'QR on or in
connection with any other project or anticipated projcc:t..
4.3. Physiall CDruliJMJns-1JndIrgroll1lll Fa&ililia:
4.3.1. Shown or IndiclUed: The informaUon and dam shown
or indicw:d in the Conaact Doc:umc:nts with respect to exisriag
Underground FacIlities at or cantiguous to the site is based on
18
e
infonnation and daIa furnished to OWNER or ~'lGINEER by
- the owners of such Underground Faclities or by others. Unless it
is otherwUe expressly provided in the Supplemc:nwy Conditions:
4.3.1.1. OWNER and ENGINEER shall not be respon-
sible for the accuracy or completeness of any such inlonna-
tion or d;ua; and
4.3.1.2. The cast of all of the following will be included in
the Contract Price and CONI"RACTOR shall have run respon-
sibility for. (i) reviewing and c:heclcirig an such inf'Cnnabon and
dam. (ii) localing an Underground Ricilities shown or indicated
in the Contr3Ct Documents. (ii) coordination of the Work with
the own=s of such Underground Pacilities during constnJc:Uon.
and (iv) the safety and proteetion of all such Underground
Faciiities as provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work.
')
4.3.2. NOI Shown or Ind;cal~d: If an Underground Rleility
is uncovered or revealed at or contiguous to the site which was
not shown or indicated in the Contract Ooc:uments, CON-
TRAC'I'OR shall, promptly after becoming aware thereof and
bei'ore further disturbing conditions affected thereby or per-
forming any Work in connection therewith (except in an
emergency as required by par3gr.1ph 6.23), identify the owner
of such Underground ?lality and give wriaen notice to that
owner and to OWNER and ENGINEER. ENGINEER wiD
prompdy review the Underground Facility and determine the
extent. if any, to which a change is required in the Contract
Documents to reflect and document the consequences of the
existence of the Underground Facility. If ENGINEER con-
dudes that a change in the Contract Documents is required, a
Work Change Directive or a Change Order Will be issued as
provided in Article 10 to reflect and doc:ument such conse-
quences. During such time, CON1"R.~CIOR shall be respon-
sible for the safety and protection of such Underground Faclity
as provided in paragraph 6.20. CONTRACI'OR shall be al-
lowed an increase in the Contract Price or an e.'ttension of the
Contr.U:t Times, or both. to the extent that they are attributable
to the exiStence of any Underground FacIlity that was not
shown or indicated in the Contract Doc:umentsand thal CON-
TRACTOR did not know of and could not rc:ISonably have
be:n expected to be aware of or to have anticipated. If
OWNER and CONTRACTOR are unable to av= on entitle-
ment to or the amount or length of any such adjusanent in
ConU3Ct Pric:: or Contract Tunes, CONTRAcroR may make
a c:Jaim therefor as provided in ArticleS II and 12. However.
OWNER. ENGINEER and ENGINEER's Consultants shall
not be liable to CONTRACTOR for any claims. costs. losses or
damages incurred or 'sustained by CONTR.~R on or in
connection with any other project or anticipated project.
Rqcrmu Painu:
)
4.4. . OWNER shall provide engineering surveys to estab-
lish reference points for constrUction which in ENGINEER's
judgment are necessary to enable CONTRACTOR to proceed
with the Work. CON1'RACIOR shall be responsible for laying
out the Work. shall protect andprcserve the established
refcrenc:: points and shall ~e no chang~ or relocations
,
......
e
without the prior wriaen approval of OWNER. CONTRAC-
lOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires reloc::uion because of
necessary changes in gnldes or loc::llions, and shall be respon-
sible for the accurate replacement or relocation of such refer-
ence points by professionally qualified personnel.
4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radi0-
active Matmal:
4.5.1. OWNER shall be responsible for any Asbestos..
PCBs, Pl:uolcum. Hazardous Waste or Radioactive Material
uncovered or revealed at the site which was not shown or
indicated in Drawings or Spccific:ations or identified in the
Conaact Ooc:uments to be within the scope of the Worle. and
which may present a substantial danger to penons or property
exposed thereto in conneaion with the Worle. at the site.
OWNER shall not be responsible for any such nwcria1s
brought to the site by COtorrRACTQR. Subcomraacr, Suppli-
=s or anyone else for whom CONTRACTOR is responsible.
4.5.2. CONTRAC'IOR shall immediately: (i) stop all
Work in connection with such hazardous condition and in
any area affected thereby (except in an emergency as re-
quired by paragraph 6.23). and (ii) notify OWNER and
ENGINEER (and thereafter confinn such notice in writing).
OWNER shall prompdy consult with ENGINEER conc::m-
ing the necessity for OWNER to retain a qualified expert to
evaluate such hazardous condition or take com:ctive action.
if any. CONTRACTOR shaD not be required to resume Work
in connection with such hazardous condition or in any such
affected area until after OWNER has obtained any required
pennits related thereto and delivered to CONTRACrQR
special written notice: (i) spec:iiying that such condition and
any affected area is or has bc:n rendered safe (or the
resumption of Work. or (ii) specifying any special conditions
under which such Work may be resumed safely. If OWNER
and CONTRACTOR cannot agr= as to entitlement to or the
amount or extent of an adjustment, if any, in Conuact Price
or Contrac:t Times as a result of such Work stoppage or such
special conditions under which Work. is agrc:d by CON-
TRACIOR to be resumed, either party may make a claim
therefor as provided in Anicles II and 12.
4.5.3. If after receipt of such special written notice
CON"mACTOR does not agree to resume such Work based
on a reasonable belief it is unsafe, or dOcs not agree to
resume such Worle. under such special conditions, then
OWNER may order such ponion of the Work that is in
connection with such hazardous condition or in such aC-
fected area to be deleted from the Work. If OWNER and
CONTRACTOR cannot agrc: as to entidement to or the
amount or extent of an adjustment, if any. in Conuac:t Price
or Contrac:t Times as a result of deleting such portion of the
Work. then either party may make a claim therefor as
provided in Articles 11 and 12. OWNER may have such
deleted ponion of the Work perfonned by OWNER's own
forces or others in accordance with Anic:Je 7.
4..5.4. To the fullest extent pennincd by laws and Reg-
ula1ions, OWNER shall indemnify and hold hannless CON-
TRACTOR. Subcontractors. ENGINEER. ENGINEER.s
19
e
Consultants and the officers, directors, employees, agents.
other consultants and subc:anttaaors of each and any of
them from and against all claims. c:osts. losses and damages
lrising out of or i-=aulting from such hazardous c:onciition.
provided that: (i) any such claiin. cost. loss or damage is
annoutable to bochly injury, sic:kness, disease or de3lh, or to
injury to or destruction of tangible property (other than the
Work irsc:lf), including the loss of use resulting therefrom.
and fDl norhing in this subparagraph 4.5.4 shall obligate
OWNER to indemrufy any person or entity from and against
the consequences of that person's or entity's own negli-
gence. .
4.5.5. The provisions of paragraphs 4.2 and 4.3 arc not
intended to apply to Asbestos, PCBs, PeU'OIC".ml, H323l'dous
Waste or Radioactive Material uncovered or n:veaJed at the
site.
ARnCLE~BONDSANDINSURANCE
hrjOrrr&tIn.U, hymel'll azul Othe BotuIs:
)
5.1. CONTRACTOR shall furnish P:tiormanc:e and Pay-
ment Bonds, each in an amount at least equal to the ConU3Ct
Pric: as security for the faithful pe:formanc: and payment of
all CONTRACTOR's obligations under the Contract Docu-
menlS.. These Bonds shall remain in effect at least until one
year after the date when final payment becomes due, except as
pro..;ded otherwise by LaWs or Rc:guJations or by the Comr:u:t
Ooc:wnents. CONTRACI'OR shall also furnish such other
Bonds as are required by the Supplementary Conditions. All
Bonds shall be in the form prescnCed by the Conaa:t Docu-
ments exc..-pt as provided otherwise: by Laws or Rc:guIaIions,
and shall be executed by such sureties as an: named in the
current list of "Companies' Holding Certiiic::ues or Authority as
Accc:pcable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in Circular SiO (amended)
by the Audit Staff'. Bureau or Government Financial Opera-
tions, U.S. Tre:lSury Department. All Bonds signed by :m
agent must be accom~ed by a certified copy of such agent's
authority to act.
5~ If the sui'c:ty on any Bond furnished by CONTRAC-
TOR is declared a bankrupt or bc:c:omes insolvent or its right to
do business is temUaaled in any s:ate where any part of the
Project is loc:aled or it cca.ses to meet the requirements of
paragraph S.1 , CON1'RACTOR shall within ten dayS thereafter
substitute another Bond and sur~"y. both of which must be
acc:pI3ble to OWNER.
5.3. Lit:ensed Sunties azul 111S1lnn; C~ 01111n11f111":
~)
5.3.1. All Bonds and insurance required by the Conlr.1Ct
Doc:wnents to be purchased and mainmiaed by OWNER or
CONTRACI'OR shall be obtained from surety or insurance
e
companies that arc duly licensed or authorized in the juris-
diction in which the Project is locned to issue Bonds or
insurance policies for the limits and c:over.1geS so required.
Such SUR:ty and insurance companies shaJl also meet such
additional requirements and quaJifiCltions as may be pro-
vided in the Supplemenwy Conditions.
5.3.2. CONTRACI'OR shall deliver to OWNER, with
copies to each additional insured identified in the Supple:-
menwy Conditions, certificates of insurance (and other
evidence of insurance requested by OWNER or any other
additional insured) which CONTRACTOR is required to
purchase and mainrain in accordance with paragraph 5.4.
OWNER sball deliver to CONTRACTOR, with copies to
each additional insured identified in the Supplementary
Conditions, c:enffiC:atcs of insurance (and other evidc:ncc of
insurance requested by CONTRACTOR or any other addi-
tional insured) which OWNER is required to purchase and
maintain in,3Ccordance with paragraphs 5.6 and S.; hereof.
CONTRACTOR's l.itibilily Insurance:
SA. CONTRACTOR shall ,purchase and mainrain such
liabiiity and other insurance as is appropriate for the Work
being performed and furnished and as wm provide protection
from claims set forth below which may arise out of or result
from CONTRACTOR's performance and furnishing of the
Work and CONTRACTOR's other obligations undc::- the Con-
tract Doc:wnents, whether it is to be pc:rfonnc:d or furnished by
CONTRACI'OR. any Subcontr:1Ctor or SuppUer, or by anyone
directly or indirectly employed by any of them to perfonn or
furnish any of the Work, or by anyone for whose actS any of
them may be liable:
S.4.I. claims under workers' compensation. disability
benefits and other sinular employee be:lefit ac:s;
5.4~ claims for damages because or bodiiy injury, oc-
cupational sickness or disC3Se, or dc:uh of COl'ol"'TRAC.
'FOR's cmploye-..s;
504.3. claims for damages be::ause ofbodiiy injury, sick-
ness or disc:3Se, or dc::uh of any person othe:- than CON-
TRACTOR's employc:s;
5.4.4. claims for damages insured by customary personal
injury liability cOVc:r:1ge which are sustained: (i) by any
person as :l result of an offense directly or indirectly related
to the employment of such pc:.--son by CONTRACl'OR. or (ii)
by any other person for any other reason;
5.4.5. clmms for cl:unages. other tha.n to the Work itsc:1f.
bec:ause of injury to or destruction of tangJole property
wherever IoClted, including loss of use resulting then:f'rom;
and
5.4.6. claims for damages bc::ause of bodily injury or
dC3th of any person or property damage arising out of the
ownership, maintenance or use: of any motor vehicle.
20
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The policies of insurance so required by this paragraph 5.4 to
be pun:hased and maintained shall:
.
5.4.7. with respect to insurance required by paragraphs
5.4.3 through 5.4.6 inclusive. include as additional insureds
(subject to any customary exclusion in respect of profes-
sionalliabtlity) OWNER. 'ENGINEER. ENGINEErs Con-
sull3nts and any other persons or enoties identified in the
Supplementary Conditions. all of whom shall be listed as
additional insureds. and include cover2ge for the respective
officers and employees or all such additional insureds:
5.4.8. include the spccffic coverages and be written for
not less than the limits of liability prOvided in the Supple-
mentary Conditions or required by Laws or Regu1ations.
whichever is greater;
5.4.9. include comple~ ope~ons insurance;
504.10. include contractual liability insurance covering
CONTRACI'OR.s indemnity obligations under paragraphs
6.12., 6.16 and 6.31 through 6.33; .
)
5.4.11. contain a provision or endorsement that the
coverage afforded wt1l not be cancelled. materially changed
or renewal refUsed until at least thirty days prior written
notice bas been given to OWNER and CONTRACI'QR and
to cac:h other additional insured identified in the Supplemen-
tary Conditions to whom a certific:ue or insurance has been
issued (and the certificates of msUJ'3llce furnished by the
CONTRAC'I'OR pursuant to paragraph 5.3.2 wiD so pro-
vide);
5.4.12. remain in effect at least until final payment and at
. all times thereafter when CONTRACIOR may be correct-
ing, removing or replacing d~f~ctiv~ Work in ac:ordancc
with paragr.Lph 13.12: and
5.4.13. with respect to completed operations iJ1SUJ'3llce,
and any insurance cove:ag: wrincn on a claims-Made-basis,
remain in effect for at leaSt two years after final pay:nent
(and CONTRACI'OR shall furnish OWNER and each other
additional insured identified in the Supplemenwy Condi-
tions to whom a certificate of insurance has been, issued
evidence satisiactory to OWNER and any such additional
insured of continuation or such insurance at final payment
and one year ther=fter).
OWNER'! Li.abilit:y IlI$JD'Gl&t;e:
5.5. In addition to the insurance requin::d to be provided by
CONTRACTOR under paragraph 5.4, OWNSt, at OWNER's
option., may purchase and maintain at OWNER.s expense
OWNER,'s own liability insurance as will proteCt OWNER
aIainst claims which may arise from ope:ations under the
Contract Documents.
)
:..,..:
PNJN1f1 I~
5.6. Unless otherwise provided in the Supplementary Con-
diuons. OWNER shall purchase and maintain property insur-
-
e
an::: upon the Work at the site in the amount of the fuD
repllacement cost thereof (subject to such deductible amounts
as may be provided in the Supplemenwy Conditions or
required by Laws and Regulations). This insurance shall:
5.6.1. include the intc:n::Sts of OWNER. CON'TRAC-
TOR. Subc:ontr.lCtors, ENGINEER. ENGINEER's ~on-
sull3nts and any other persons or entiues identified in the
Supplemencuy Conditions, each ofwhom is deemed to have
an insur3ble interest and shall be listed as an insured Dr
additional insured:
5.6.2. be wriaen on a Bwlder's Risk "all-risk" or opeD
penl or special causes of loss policy fonn that shall at lC3St
include insurance for physical loss or. damage to the Work.
temporary buildings, falsework and Work in transit and shall
insure against at least the fonowing penls fire, lightning,
extended coverage. theft. vandalism and malicious mischief,
earthquake. collapse. debris removal, demolition oc:c:asioncd
by enior:::ment or Laws and Regulations, water damage,
and such other perils as may be specifiC3l1y required by the
Supplementary Conditions;
5.6.3. include expenses incurred in the repair or replac:-
ment oi any insured propc:ny (including but not limited to
fees and charges or engineers and architects);
5.6.4. cover materials and equipment stored at the site or
at another loc:aDon that was agrc:d to in writing by OWNER
prior to being incorporaIed in the Work. provided that such
materials and cquiplDCDt have been included in an Applica-
tion for Payment recommended by ENGINEER; and
5.6.5. be maintained in effect until final paynient is made
unless otherwise agreed to in writing by OWNER. CON-
TRACTOR and ENGINEER with thirty days wriaen notice
to c::lCh other additional insured to whom a certific:are of
insurance has been issued.
5.7. OWNER shall purchase and maintain such boiler and
machinery iDSUJ'3llce or additional property insurance as may
be rcquin::d by the Supplementary Condiuons or Laws ,and
Regulations which wiD include the interests of OWNER,
C01"ci'RACTOR. SubconU2Ctors, ENGINEER, ENGINEER's
Consultants and any other penons or entiues identified in the
Supplementary Conditions, each or whom is de-..med to have
an insur2ble interest and shall be listed as an insured or
additional insured.
5.S. All the policies of insurance (and the certificucs or
other evidence then::of) required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and 5.7
will contain a provision or endorsement that the coverage
aff'orUed will not be canc:lled or materially c:bangcd or renewal
n::fused unal at IC3St thirty days' prior written notice has been
given to OWNER and CONTRACTOR and to each other
additional insured to whom a c:ertificlte of insurance has bceD
issued and WIll contain waiver provisions in accordanc:: with
paragraph 5.11.
21
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5.9. OWNER shaJl not be responsible for purchasing and
maintaining any propcny insur.mce to protect the interests of
.cONTRACTOR. Subcontractors or others in the Work to the
elttent of any deductible amounts that arc identified in the
Supplementary Conditions. The risk of loss within such iden-
tified deductible amount. will be borne by CONTRACTOR.
Subc:onU3ClOr or others suffering any such loss and if any of
them wishes property insurance coverage within the limits of
such amounts, each may purchase and maintain it at the
purchaser's own eltpcnse.
5.10. If CONTRACroR requests in wnlJng that other
special insurance be included in the property insuranc:: policies
provided under paragraphs 5.6 or 5.7, OWNER shall, ifpossi-
ble. include such insurance. and the cost thereof WIll be
charged to CONTRACroR by appropl'ialc Change Order or
Wriuen Amendment. Prior to commena:ment of the Work at
the site. OWNER shall in writing advise CONTRACTOR
whether or not such other insurance has been procured by
OWNER.
5.11. WcziFcr of Rig/u$:
')
5.11.1. OWNER and CONTRACTOR intend that all
policies purchased in. accordance with paragraphs 5.6 and
5.7 will protect OWNER. CONTRACTOR. Subcontnlaors,
ENGINEER. ENGINEER.s Consultants and all other per-
sons or entities identified in the Supplementary Conditions to
be listed as insureds at.additional insureds in such policies
and wiD provide primary coverage for all losses and damages
caused by the pen1s covered thereby. All such policies shall
conrain provisions to the effect that in the event of payment
of any loss or damage the insurers wm have no rights of
recovery against any of the insureds or additional insureds
thereunder. OWNER and CONTRACTOR waive all rights
against each other and their respective officers. directors,
employees and agents for all losses and damages caused by,
arising out of or resulting from any of the penls covered by
such policies and any other propcny. ii'lSurance appliClble to
the Work; and. in addition. waive all such rights against
Subcontractors, ENGINEER. ENGINEER's Consultants
and all other persons or entities identified in the Supplemen-
tary Conditions to be listed as insuredS or additional insureds
under such 'policies for losses and damages so caused. None
of the above waivers shall exrcnd to the rights that any party
making such waiver may have to theproce:ds of insurance
held by OWNER as truste: or otherwise payable under any
policy so issued.
........ ..
5.11.2. In addition. OWNER waives all rights against
CONTRACroR. SubcontraCtOrs. ENGINEER. ENGI-
NEER.s Consultants and the officers. directors. employees
~d agents of any of them. for:
.J
5.11.2.1. loss due to business intem1ption.loss of use
or other consequential loss extending beyond direct phys-
ical loss or damage to OWNER's property or the Work
caused by, arising out of or resulting from fire or other
penl. whcd1er or not insured by OWNER; and
,-:"
e
5.11.2.2. loss or damage to the completed Project or
part thereof caused by, arising out of or resulting from fire
or other insured peril covered by any propeny insuranc:
maintained on the completed Proj~t or part thereof by
OWNER during partial utilization pursuant to paragraph
14.10, after substantial completion pursuant to paragraph
14.8 or after finaJ payment pursuant to paragraph 14.13.
A~y insurance policy mainelined by OWNER covering any
loss. damagc or cansequential loss referred to in this paragraph
S.I1.:! shall conelin provisions to the efiect that in the event of
payment of any such loss. damage or. consequential loss the
insurerS WIll have no rights of recovery against any of CON-
TRACTOR. Subcontractors. ENGINEER. ENGINEER's Con-
sultants and the officers. din:aors. empioyces and agents of
any of them.
Receipt and App6cadoD of Insurance Proceeds
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear. subject to the require-
ments of any applicable mortgage clause and of paragraph 5.13.
OWNER shall deposit in a Separ.lte ac:ount any money so
received. and shall distnbute it in accordanc: with such agree-
ment as the parties in interest may reach. If no other spcCaJ
agreement is n:3Ched the damaged Work shall be repaired or
replac..-d, the moneys so received applied on account thereof
and the Work and the cost thereof covered by an appropriate
Change Order or Wrinen Amendment.
5.13. OWNER as fiduciary shall have power to adjust and
seale any loss with the insurers unless one of the parties in
interest shall object in writing within fiftc:n days after the
occurrence of loss to OWNER's exercise ofchis power. If such
objection be made, OWNER as fiduciary shall make sealement
with the insurers in accordance with such agreement as the
panies in interest may reach. If no such agreement among the
parties in interest is reached. OWNER as fiduciary shall adjust
and settle the loss with the insurers and, if required in writing
by any party in interest, OWNER as fiduC:.ary shall give bond
for the proper perfonnance of such duties.
AccqKll1lCt of Bonds II1IIll11SU1"l11r&t:; Option to RtpUJct::
5.14. If either party (OWNER or CONTRACI'OR) has any
objection to the coverage afforded by or other provisions of the
Bonds or insurance required to be purchased and maintained
by the other party in accordance with Article 5 on the basis of
non-conformance with the Contnla Oocunents. the objecting
party shall so notify the other party in writing within teu days
after receipt of the certificates (or other evidence requested)
required by paragraph 2.7. OWNER and CONTRACI'ORshalJ
each provide to the other such additional information in respect
of insuranc: provided as the other may r=sonably request. If
either party does not purchase or maintain all of the Bonds aad
insurance required of such party by the ContnlCt Documents.
such party shall notify the other party in writing of such failure
to purchase prior to the start of the Work. or of such f"ailurc to
maintain prior to any change in the required coverage. Without
prejudice to any other right or remedy, the other party may
elect to obtain equivalent Bonds or insuranc:: to protect such
other party.s interests at the Cltpcnse of the pany who was
!!
e
required to provide such coverage. and a Change Order sh:1l1
be issued to adjust the Contrac:t Price accordingly.
.
PartiDl Uti1izJlliD_Propury llISUI'tZnI:~:
5.15. If OWNER finds it n~:SSU}' to occupy or use a
portion or portions of the Work prior to Substantial Compietion
of all the Work. such use or occupancy may be accomplished in
ac:c:ordance with paragraph 14.10; provided that no such use or
occupancy shall commence before the insurers pl'l?viding the
property insurance have acknowledged notice thereof and in
writing effected any changes in covef2ge necessitated thereby.
The insurers providing the property insuranc: shall consent by
endorsement on the policy or policies, but the property insur-
ance shall not be cancelled or permitted to lapse on ac:ount of
any such partiaJ use or occupancy.
ARTICLE 6-CONTRACIOR'S RESPONSIBILmES
Supervision tIIUl SuperinunM1IC~:
)
6.1. CONTRAcroR shall supervise. inspect and direct the
Work competendy and efficiendy, devoting such attention
theretO and applying such siems and expertise as may be
necessary to perfonn the Work in accordance with the Con-
~ Documents. CONTRACTOR silall be solely responsible
for the' mcan5. methods. techniques. sequenc;cs and proc:dures
of construclion. but CONTRACTOR shalt not be responsible'
for the negligence of others in the design or spcc:ifu:ation of a
specific means. method. technique, Sequence or procedure of
consuuc:tion which is shown or indic:ned in and e.~pressly
required by the Contract Doc:uments. CONTRACIOR shall be
responsible to see that the completed Work compiies accu-
rately with the Contract Doc:uments.
6.2. CONTRACTOR shall keep on the Work at all times
during its progress a. competent resident superintendent. who
shall not be replaced. without written notice to OWNER and
ENGINEER exc:pt under extraOrdinary circumstances. The
superintendent will bC CONTRAcroR's representative at the
site and shall have authority to act on beh:1lf of CO~"TRAC-
TOR. AD communic::Wons to the superintendent shall be as
binding as if given to CONTRActoR.
lAbor, MIIlD'itzb tIIUl Equip,,"lIl:
.._)
6.3. CON'TRAcroR shall provide competent. suimbly qual-
ified personnel to survey. layout and consuua the Work as
required by the Contrac1 Dcc:uments. CONTRACTOR shall at
all times maintain good discipline :1nd order at the site.. Exc::pt
as otherwise required for the safety or p~tection of pc:sons or
the Work or property at the site or adjacent thC:relO. and e.'uzpt
as otherwise indicW:d in the Con~ Documents. all Work at
the site shall be penonned during regular wurking hours and
CONTRACTOtItm not pcnnit overtime work or the perfor-
mance of Work on Sanardny, Sunday or any legal holiday
\\oithout OWNER's written consent given after prior wriuen
notice to ENGINEER.
6.4, Unless otherwise specified in the Genc."'3l Require- ,
ments, CONTRACTOR sh:111 furnish and assume tUD respon-
sibility for all materials. equipment. l:1bor. transporwion. con-
struction equipment an~ machinery. tools. appwmc:s. fud~
power. light. heat. telephone. waler. sanitary facilities. tcm~
mry fac:ilities :1nd all other fac:ilities and incidentals necessary
for the furnishing. perfonnance. testing. start-up and comple-
tion of the Work.
6.5. AU materials and equipment shall be of good quality
and new. except as otherwise provided in the Contract Docu-
ments. AU warnnties and guarantees specificaJly caDed far by
the Spcciiicllions shall expressly run to the benefit of OWNER.
If required by ENGINEER. CONTRACTOR shall furnish
satisfactory evidence (including reports of required tests) as to
the kind and quality of materials and equipment. All materials
and equipment shall be applied. installed. conn~ted. erected.
used". cleaned and conditioned in accordance with instructions
of the applicable Supplier. except as otherwise provided in the
Contr.lCt Documents.
Progress S~
6.6. CONTRACTOR shaD adhere to the progress schedule
estab6shed in accordance with paragraph 2.9 as it may be
adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall submit to 'ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) pro-
posed adjustments in the progress schedule that will not
change the ContraCt Times (or Milestones). Such adjust-
ments Will conform genetally to the progress schedule then
in effect and additionally Will comply with any provisions of
the General Requirements applicable thereto,
6.6.2. Proposed adjusuncnts in the progress schedule
that Will change the Contract Times (or Milestones) shall be
submiaed in ac:cordanc:: with the requirements of parapaph
12.1. Such adjusancnlS may only be made by a Change
Order or Written Amendment in accordance with Article 12.
. 6.7. S.r/1..;",,- antl"Or-Equ.al" lla7u:
6.7.1. Whenever an item of material or equipment is
specified or described in the Contract Doc:uments by using
the name of a proprietary item or the name of a particular
Supplier. the spcciiic:ation or description is intended to
establish the type. function and quality required. Unless the
specific::Won or description con rains or is followed by wards
re:lding that no b1tc. ~uivaJent or "or-equaJ" item or no
substiwtion is pennitted. ather items of material or equip-
ment or material or equipment of other Suppliers may be
accepted by ENGINEER under the following circumsranc:es:
23
")
)
--
e
.
6.7.1.1. "Or-Equal": lrin ENGINEER's sole discre.
tion an item of material or equipment proposed by CON-
TRACTOR is functionally equal to that named and suffi-
ciently sinular so that no change in related Work WIll be
required. it may be considered by ENGINEER as an
"or-cqua1" item. in which case review and llpproval of the
proposed item may, in ENGINEER's sole discn:tion. be
accamplished without compliance with some or all of the
requirements for aeecptance of proposed substitute items.
6.7.1.2. Substitute Items: If in ENGINEER's sole
discn:tion an item of material or equipment proposed by
CONTRACTOR does not qualify as an "or-equal" . item
under subpanagraph 6.7.1.1, it wJ1J be considered a pro-
posed substitute itcin. CONTRACTOR sbalI submit suffi-
cient inlormation as provided below 10 allow ENGINEER
10 determine that the item of material or equipment
proposed is essentially equivalent to that named and an
acceprable substitute therefor. The proc::dure for review
by the ENGINEER will include the foUowing as supple.
mented in the General Requir--ments and as ENGINEER.
may decide is appropriate under the Circumstanc::s. Re-
quests for review of proposed substitute itemS of material
or equipment will not be ac:.::ptcd by ENGINEER from
anyone other than CONTR.~CIOR. If CON1'RACIOR
wishes to furnish or use a substitute item of material or
equipment. CONTRACIOR shall first make written appli-
cation to ENGINEER for ac::ptance thc:rcof. certifying
that the proposed substitute will perform adequately the
functions and achieve the results c::ilIed for by the gcncr.d
design. be similar in substance to that spccificd and be
suited to the same use 3S that specified. The application
will swe the extent, if' any, to which the evaluation aDd
. acceptance of the proposed substitute will prejudice CON-
TRACTOR's achievement of Substantial Completion on
time, whether or not acceptance of the substitute for use in
the Work will require a change in any of the Contract
Doc:uments (or in the provisions of any other direct
contract with OWNER for work on the Project) 10 adapt
the design to the proposed substitute and whether or not
incorporation or use of the substitute in connection with
the Work is subject to payment of any liccnse fee or
royalty. All variations oflhe proposed substitute from that
specified wt1J be identified in the application and available
maintenance., repair and replacement service will be indi-
cated.. The appliCltion Will also contain an itemized esti-
mate of all costs or credits that WIll result dircctly or
indirectly from acceptance of such substitute, including
costs of redesign and claims of other contrac:tors affected
by the resulting change. all of which WIll be considered by
ENGINEER in evaluating the proposed substitute. EN-
GINEER may require CON1'RAC'I'OR to furnish addi-
tional data. about the proposed substitute.
6.7.1.3. CONTRAClOR's E:qJeru~: AU data to be
provided by CONTRACl'OR in support of any proposed
"or-equaJ" or substitute item will be at CONTRACTOR's
expense.
6.7.2. Substitule COlUlrUction Melhods or Proceduns: Ira
specific means, method. tc::hnique. sequence or procedure of
e
construction is shown or indicated in and expressly required by
the Contract Documents, CONTRACI'OR may furnish or
utilize: a substitute means. method. technique. sequence or
procedure of constrUction acceptable to ENGINEER. CON-
TRACIOR shall submit sufficient inlonnation to allow ENGI-
NEER. in ENGINEER's sole discretion. to determine that the
substitute proposed is equivalent to that expressly c:alled for by
the Contract Documents. The procedure for review by ENGI-
NEER will be sirmlar to that provided in subpanagraph 6.7.1.2.
6.7.3. Enginttr's El1alutuion: ENGINEER WIll be allowed
a reasonable time within which to evaluate each proposal or
submittal made pursuant 10 panlgr2phs 6.7.1.2 and 6.7.2-
ENGINEER will be the sole judge of acceptability. No "or-
equal" or substitute wiD be ordered, installed or ub1ized
without ENGINEER's prior written acceptana: which W1ll be
evidenced by either a Change Order or an approved Shop
Drawing. OWNER. may require CONTRACTOR to fUrnish at
CONTRACIOR.s expense a spc:c:iaJ performance guarantee or
other surety with res~ to any "or-equaJ" or substitute.
ENGINEER WIll record time required by ENGINEER. and
ENGINEER's Consultants in evaluating substitutes 'proposed
or submitted by CONTRACTOR pursuant to paragraphs &.7.1.2
and 6.7.2 and in making changes in the Contract Documents (or
in the provisions of any other direct contract with OWNER for
work on the Project) occasioned thereby. Whether or not
ENGINEER accepts a substiwte item so proposed or submit-
ted by CONTRACIOR. CONTRACrOR shall reimburse
OWNER for the charges of ENGINEER and ENGINEER.s
Consultants for evaluating each such proposed substitute item..
Conceminr SubcDlJI1VI:IDn. Supplien and otJurr.
6.8.1. CONTRACTOR shaIl not employ any Subcon-
tractor, Supplier or other person or organiz3lion (including
those aa:eptable to OWNER and ENGINEER as indicated
in paragraph 6.8.2), whether initially or as a substitute,
against whom OWNER or ENGINEER may have reason-
able objection. CONTRACTOR shall not be required to
e:nploy any Subcontr.lCtCr. Supplier or other person or
organization 10 furnish or perform any of the Work against
whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions require the iden-
tity of ccnain Subcontr:lCtors, Suppliers or other persons or
organizaIions (including those who are to furnish the princi-
pal items of materials or equipment) to be submitted to
OWNER in advance of the specified date prior to the
Effective Date of the Agreement for acc:..-ptance by OWNER
and ENGINEER. and if CONTRACTOR has submincd a
list thereof in accordance with the Supplementary Condi-
tions, OWNER.s or ENGINEER.s acc:eptaDa: (either in
writing or by failing to make written objection thereto by the
date indic:aled for acceptance or objection in the bidding
documents or the Contr.ICt Documents) of any such Subcon-
tractor. Supplier or omer person or organiz3lion so identified
may be revoked on the basis of re3Sonable objecDaD after
due investigation. in which case CONTRACTOR shaD sub-
mit an ac::ptable substitute, the Contract Pria: WIll be
adjusted by the diff'ercna: in the cost occasioned by such
24
e
")
substitution and :u\ appropriate Change Order w;U be issued
or Written Amendment signed. No acceptance by OWNER
or ENGINEER of any such Subcontractor, Supplier or other
· person or organization shall constitute a waiver of any right
of OWNER or ENGINEER to reject def~r:liw Work.
6,9.1. CONTR.ACI'OR shall be fully responszble to
OWNER and ENGINEER for alllldS and omissions of the
Subcontractors. Suppliers and other persons and organiza-
tions perfonning or furnishing any of the Work under a direct
or indirect conuac:t with CONTRACTOR just as CON-
TRACTOR is responsible for CONTRACTOR's own acts
and omissions. Nothing in the Contract Documents shall
crea1C for the benefit of any such Subcontr3dDr, Supplier or
other person or orgartization any conttactualrdabonship
between OWNER or ENGINEER and any such Subcon-
tractor, Supplier or other person or organizalion, nor shaD it
crea1C any obligation on the part of OWNER or ENGI-
NEER to payor to see to the payment of any moneys due
any such Subcontractor, Supplier or other person or organi-
zation exc..-pt as may otherwise be required by Laws and
Regulations.
6.9.2. CONTRACTOR shall be solely responsible for
scheduling and coordinating the Work of Subc:onuactors,
Suppliers and other persons and organizations pe:fonning or
furniShing any of the Work under a direct or indirect contraCt
with CONTRACI'OR. CONTRACI'OR shall require all Sub-
conrractors, Suppliers and such other pemlns and organiza-
tions performing or furnishing any of the Work to communi-
cate with the ENGINEER through CONTRACI'OR.
6.10. The divisionS and sections of the SpecificaboDS and
the identifications of any Drawings shall not contrOl CON-
TRACTOR in dividing Pie Work among SubcontraCtors or
Suppliers or delineating the Work to be pcri'onned by any
specific trade.
6.11. All Work performed for CONTRACTOR by a Sub-
contractor or Supplier W111 be pursuant to an appropriate
agreement between CONTRACTOR and the SubcontraCtor or
Supplier which specifically binds the SubconttaCtor or Supplier
to the appliClble tcnns and conditions of me ContraCt Docu-
ments for the benefit of OWNER and ENGINEER. Whenever
any such agre:...nent is with a Subccnu3c:tor or Supplier who is
fISted as an additional insured on the property insurance
provided in par:1gr3ph 5.6 or 5.7, the agrc-..ment between the
CONTRACl'OR and the Subcontractor or Supplier wi con-
tain provisions whereby the Subcontr.lCtor or Supplier waives
all rights against OWNER. CONTRACI'OR, ENGINEER,
ENGINEER's Consultants and all other additional insureds for
all losses and damages caused by, arising out of or resulting
from any of the perilS covered by sucb policies and al!y other
property insurance applicable to the Work. If the insurers on
any such policies require separate waiver forms to be signed by
any Subconuactor or Supplie:-, CONTRACTOR will obtlin the
same.
,)
'-
I'rztaIl FeG anti RDyallia:
6.12. CONTRACTOR shall pay allliccnse fees:md royal-
ties and assume all costs incident to the use in the perfommnce
e
of the Work or the incorporation in the Work of any invention,
design, process, product or device which is the subject of
patent rights or copyrights held by others. If a particular
invention, design. proc::ss. product or device is specified in the
ContraCt Documents for use in the perfonnance of the Work
and if to the actual knowledge of OWNER or ENGINEER its
use is subject to patent rights or copyrights c:aJ1ing for the
payment of any license fee or royalty to others. the cxistem:e, of
such rights shall be disclosed by OWNER in the Conaact
Documents. To the fu)lcst extent pcnnittcd by Laws and
Regulations, CONTRACIOR shall indemnify and hold harm-
less OWNER. ENGINEER. ENGlNEER.s Consultants and
the officers, directors, employees, agents and other consultants
of each and any of them from and against all claims.. costs.
losses and damages arising out of or resulting from any
iniringemcnt of patent rights or copyrights incident to the use in
the performance of the Work or resulting from the incorpom-
tion in the Work of any invention. design, process, product or
device not spc:ciiied in the Conuac:t Documents.
hrmils:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACIOR shalJ obtain and pay for all con-
suuction pcnnits and licenses. OWNER shall assist CON-
TR.ACI'OR. when nc=ssary, in obtaining such permits and
lic..-nses. CONTRACI'OR shalJ pay all govcmmenw charges
and inspection fees ncc:ssary for the prosecution of the Work.
which arc applicable at the time of opening of Bids. or, if there
are DO Bids, OD the Efiective Date of the AgrccmcnL CON-
TRACTOR shall pay all charges of utility owners for connec-
tions to the Work. and OWNER sba1l pay all charges of such
utility owners for capital costs related thereto such as plant
investment fc::s.
lAws azul R~IU:
6.14.1. CONTR."'CI'OR shall give all notices and comply
with an Laws and Regulations applicable to furnishing and
performance of'the Work.. Except where otherwise exp~ly
required by applicable Laws and Regulations, neither-OWNER.
nor ENGINEER shall be responsible for monitoring CON-
TRACTOR's compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR performs any Work Icnowing
or having r=son to know that it is contrary to Laws or
Regulations, CONTRACTOR shall bear all claims, costS.
losses and damages caused by, arising out of or resulting
therefrom; however, it shaD not be CONTRACTOR's pri-
mary responsioiiity to make certain that the Specifications
and Drawings are in ac:ardanc: with Laws and Regulations,
but this shall not relieve CONTRACTOR of CONTRAC-
TOR's obligations under paragraph 3.3.2.
TUG':
6.15. CONTRAC1"OR sball pay all sales, eonsumcr, use
and other similar taxes required to be paid by CONTRACTOR
in accordance with the Laws and RcgulaDons of the place of
2S
-
the Project which are applicable during the perfonnance of the
. Work.
Use of Premisu:
)
6.16. CONTRACI'OR shall coniine consuuction equip-
ment, the storage of materials and equipment and the opera-
tions of workers to the site and land and aras ici:ntified in and
permined by the Contract Documents and other land and areas
permitted by Laws and Regulations. righ~f-way, permits and
easements, and shall not unreasonably encumbe:' the premises
wiEh construction equipment or other materials or equipment.
CONTRAC'IOR shall assume full respol1S1bility for any dam-
age to any such land or area, or to Ehe owner or occupant
thereof or of any adjacent land or aras, resulting from the
pert"onnanc:: of the Worle. Should any claim be made by any
such owner or occupant because of the performance of the
Work., CONTRACI'OR shall promptly settle with such other
party by negotiation or otherwise resolve the claim by arbiua-
tion or other dispute resolution proceeding or at law. CON-
TRACI'OR shall; to the fullest extent penniaed by Laws and
Regulations, indemnify and hold harmless OWNER. ENGI-
NEER, ENGINEER.s Consultant and anyone dirc:dly or
indirectly employed by any of them from and against all claims.
costs, losses and damages arising out of or resulting from any
claim or action, legal or equitable. brought by any sucb owner
or occupant against OWNER, ENGINEER or any other party
indemnified hereunder to the extent c::wsed by or based upon
CONTRACTOR.s pe:f'onnance of the Worle.
6.17. Owing the progress of the Worle. CON'TRACIOR
shall ke:p the premises free from accumulations of waste
materials. rubbish and other debris resulting from the Worle. At
the completion of Ehe Worle CONTRACTOR shallrcmove all
. waste materials. rubbish and debris from and about the pre-
mises as well as all tools. appliances. construction equipment
and machinery and surplus materials. CONTRACIOR shall
leave the site clean and ready for occupancy by OWNER at
Substantial Completion of the Work. CONTRACTOR shall
restore to original cOndition all property not designated for
alteration by the Contract Documents.
6.18. CONTRACi'OR shan not load nor permit any part of
any stnJctW'e to be loaded in any manner that WIll endanger the
SUUctUre, nor shall CONTRACI'OR .subjec: any pan of the
Work or adjac:nt property to stresses or pressures that will
endanger it.
R<<onl DOCUlIIDIU:
-)
,6.19. CONTRACTOR shall mainrain in a safe place at the
site one record copy of all Drawings. Specific:llions, Addenda.
Written Amendments, Change Orders. Worit Change Dircc-
lives, Field Orders and written interpreauions 3Dd clari6ca-
tions (ISSued pursuant to paragraph 9.4) in good order and
annotated to show all changes made during constrUCtion.
These record documents together with all approved Samples
and a counterpart of all approved Shop Drawinp will be
available to ENGINEER for reference. Upon completion of
e
the Work. these record documents, Samples and Shop Draw-
ings wm be delivered to ENGINEER for OWNER.
Safery flIUl Prouaitnr:
6.20. CONTRACIOR shall be responsible for initiating,
maintaining and supervising all safety precautions and pro-
gr.uns in connection wiEh the Work. CON1'R.ACI'OR shall take
all necessary precautions for the safety of, and shall provide
the nec..-ssary protection to prevent damage. injury or loss to:
6.20.1. all persons on the Work site or who may be
affected by Ehe Work;
6.20.2. all the Work and materials and equipment to be
incorporated therein. whether in stora~ on or off the site~
and
6.20.3. other property at the site or adjac:nt thereto,
including trees, shrubs, lawns, walks. pavements. roadways,
stnJctures. uulities and Underground Facilities not' desig-
nated for removal, relcc:aIion or replacement in the course of
construction.
CONTRACI'OR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for safety of
persons or property or to protect them from damage, injury or
loss; and shall erect and maintain all nec::ssary safeguards for
such safety and protection. CONTRACIOR shall notify 0wn-
ers of adjac::n~ property and of Underground Facilities and
utility owners when prosecution of the Work may affect them,
and shall coopenlle with them in the protection. removal,
relcc:aIion and replacement of their prope."t)'. All damage,
injury or loss to any property referred to in paragraph 6.20.2 or
6.20.3 caused. direaly or indirectly, in whole or in part, by
COl'ITRACIOR. any Subcontractor, Supplier or any other
petSon or orpnization directly or indirectly employed by any
of them to perfonn or furnish any of the Worle or anyone for
whose acts any of them may be liable. shall be remedied by
CONTRACIOR (except damage or loss attributable to the
fault of Drawings or Speciiications or to the acts or omissions
of OWNER or EN91NEER or ENGINEER's Consultant or
anyone employed by any of them or anyone for whose actS any
of them may be liable, and not attn"butable. directly or indi-
rectly, in whole or in pan. to the fault or negligenc:: of
COl'ITRACIOR or any Subcontractor. Supplier or other per-
son or orpnization directly or indirectly employed by any of
them). CONTRACTOR's duties and responsibilities for safety
and for protection of the Worle shall cCn~nue until such time as
all the Worle is .completed and ENGINEER has issued a notice
to OWNa and CONTRACI'OR in accordance with para-
graph 14.13 that the Worit is acceptable (except as otherwise
expressly provided in connection with Substantial Comple:-
tion). .
Safety RqraenlJZliVf!:
6.21. CONTRACIOR shall designate a qualified and expe-
rienc:d safety representative at the site whose duties and
26
e
responsibilities shall be the prevention of accidents and the
maintaining and supervising of safety precautions and pro-
grams.
.
Bcr:uurl ColIIIIIWIi.cIZIin Programs:
6.22. CONTRACIOR shall be responsible for coordinating
any exchange of material safety data sh~ts or other haz3rd
communicalion informaUon required to be made aY31lable to or
exchanged between or ,among employers at the site in accor-
dance with Laws or Regulations.
Emergmt:ia:
6.23. In emergencies affecting the safety or protection of
per$ODS or the Work or propertY at the site or adjacent
men:to, CONTRACIOR. without special instruction or au-
thorization from OWNER or ENGINEER. is obligated to
act to prevent threatened damage, injury or loss. CON-
TRACIOR shall give ENGINEER prompt wriaen notice if
CONTRACTOR believes that any sigliificantchanges in the
Work or variations from the Conuact Documents have been
cai.1Sed thereby. If ENGINEER determines that a change in
the Contract Ooc:uments is required because of the action
taken by CONTRACTOR in response to such an emergency,
a Work Change Directive or Change Order will be issued to
doasment the consequences of such action.
i
'".
6.2.4. SlIDp Drrzwinrs tuUl Samples:
6.24.1. CON1'R.ACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Dnwings and Sample submittals
(see paragraph 2.9). All submiaals Wlll be identified as
'ENGINEER may require and in the number of copies
specified in the Gci1eral Requirements. The data shown on
me Shop Drawings Wlll be complete with respect to quanti-
. ties, dimensions, spc:dfied perfonnance and design criteria.
materials and sinular daIa to show ENGINEER the materi-
als and equipment CONTRACTOR proposes to provide and
to enable ENGINEER to review the information for the
limited pUi'poses rcq~ired by paragraph 6.26.
6.24.2. CONTRACIOR shall also submit Samples to
ENGINEER for review and approval in accordance with
said accepted schedule of Shop Drawings and Sample su~
miaals. Each Sample Wlll be identified clearly as to material.
Supplier. pertinent data such as dWllog numbers and the use
for which intended and otherwise as EJIIGINEER ma.y
require to enable ENGINEER to review the submiaal for
the limited purposes required by paragraph 6.26. The' num-
bers of each Sample to be submitted WIll be as specified in
the Spec:iiiCl.tions~ .
)
~
'-25. Submilllzll'n1atlurn:
6.25.1. Before submitting e:u:h Shop Drawing or Sam-
ple. CONTRACTOR shall have dete~ed and verified:
e
6.25.1.1. all field measurements. quantities, dimen-
sions, specified performance criteria. installation require-
ments. materials. catalog numbers and similar information
with respc:c:t thereto.
6.25.1.2. all materials with respect to intended use.
fabrication, shipping. handling, storage. assembly and
installation pertaining to the performance of the Work. and
6.2S.1.!. all information rcJatjve to CONTRACTOR. s
sole responsibtlities in respect of means. methods. tech-
niques, sequences and proc::edures of construction and
safety preQl1tions and programs incident thereto.
CONIRACIOR shall also have reviewed and coordinated
each Shop Drawing or Sample with other Shop Drawings
and Samples and with the requirements of the Work and the
ContRCt Doc:uments.
6.25.2. Each submittal Wlll bear a stamp or specific
wriaen indication that CONTRACTOR has satisfied CON-
TRACTOR's obligations under the Contact Documents with
respect to CONTRACTOR'S review and approval of that
. submittal.
6.2S.3. At the time of each submission, CONTRACTOR
shall give ENGINEER specific written notice of such vari-
ations, it' any, that the Shop Drawing or Sample submitted
may have from the requirements of the Contract Documents,
such notice to be in a wriaen communicalion separate from
the submiU3l; and, in addition, shall cause aspccific notation
to be made aD each Shop Drawing and Sample submitted to
ENGINEER for review and approval of each such variation.
6.26. ENGINEER will review and approve Shop Drawings
and Samples in accordance with the schedule of Shop Draw-
ings and Sample submittals ac:::pted by ENGINEER as re-
quired by paragraph 2.9. ENGINEER.s review and approval
w1ll be only to detennine if the items covered by the submittals
will. after installation or incoflX)rabon in the Work. conform to
the information given in the Contract Documents and be
compatible with the design concept aCthe completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER's review and approval Wll1 not extend to mC3l\S.
methods, techniques. sequenc::s or proc::edures of consuuction
(except when: a panicular means. method. technique, se-
quence or procedure of construction is SP.Ccifically and ex-
pressly called for by the Contract Documents) or to safety
precautions or programs incident thercta. The review and
approval of a separate item as such Wlll not indicate approval of
the assembly in which the item functions. CONiRAC'I'OR
shall make com:c:tions required by ENGINEER. and shall
return the required number of colT'CCted copies of Shop Draw-
ings and submit as required new Samples for review and
approval. CONTRACTOR shall direct spediic attention in
writing to revisions other than the corrections called for by
ENGINEER on previous submittals.
6.T1. ENGINEER.s review and approval of Shop Draw-
ings or Samples shall not relieve CONTRACTOR from respon-
SIbility for any variation from the requirements of the Conaxt
7:1
e
Documents unI=s CONTRACTOR has in writing called EN-
GINEER's atlendon to cadi such variation at the time of
submission as required by ~h US.3 and ENGINEER
- given wrincn approval of cadi sw:b variaJjon by specific
wriacn notation thereof incorporaled in .ot accompanyiog the
Shop Drawing or Sample approval: nor Will any approval by
ENGINEER relieve CONTRACroR from responsibility for
complying with the requirements of paragraph 6.25.1.
6.28. Where a Shop Drawing or Sample is required by the
Comract Documents or the schedule of Shop Drawings and
Sample submissions acc:cpted by ENGINEER as required by
paragraph 2.9, any related Work perfonned prior to ENGI-
NEER's review and approval of the pertinent submittal wm be
at the sole expense and responsibility of CONTRACTOR.
CDlllinuing tM WDri::
'6.29. CONTRACTOR shaJJ carry 00 the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No ,,!\,ork shall be de.layed or postponed pend_
ing resolution of any disputes or disagreements. except as
pennitted by paragraph 15.5 or as OWNER and CONTRAC-
TOR may otherwise agree in writing.
6.JO. CONTRACTOR's ,GaInZl WIII7'rUZ.CJ' II1IIl GlIIZnDJIa:
)
6.30.1. CONTRACIOR warrants and guar.urte:s to
OWNER. ENGINEER and ENGINEER's Consultants that
aD Work will be in aa:ordaace with the Contract Ooc:uments
and wiD not be dq<<iiv~. CONTRAC'roR's wan2nty and
guarantee hereunder excJudes defects or damage caused by:
6.30. I .1. abuse. modification or improper maintenance
or operation by persons other than CONnACI'OR. Su~
contractors or Suppliers; or
6.30.1.2. normal wear and te:u' under normal usage.
6.30.2. CONTRACI'OR'sobligation to perform and com-
pleu: the Work in aa:ordanc: with the Conuact Documents
shall be absolute.. None of the following will constitute an
ac:ceptance of Work that is not in accordance with the
Conuact Doc:uments or a release of CO~R's obli-
gation to pedorm the Work. in ac::ordanec with the Contract
Documents:
6..30.2.1. observations by ENGINEER:
6.30.2.3. recommendation of any progress or final
payment by ENGINEER;
6.30.2.3. the issUance of a certificate of Substantial
Completion or any payment by OWNER to CONTRAC-
TOR Iltlder the Contr3Ct Documents:
. ,)
..",:,
6.30.2.4. use or occupancy of the Work or any part
thereof by OWNER.; .
e
6.30.2..5. any acceptance by OWNER or any faalure to
do so;
6.30.2.6. any review and approval of a Shop Drawing
or Sample submittal or the issuance of a notice of accept-
ability by ENGINEER pursuant to par3gi'aph 14.13;
6.30.2.7. any inspection. test or approval by others; or
6.30.2.8. any comaion of d~/ect;ve Work by OWNER.
IntkmniJit;azjtJn:
6.31. To the fullest extent permiaed by Laws and Regula-
tions. CONTRACTOR shaD indemnify and hold hannJcss
OWNER. ENGINEER. ENGINEER's Consultants and the
omc::rs. din:c:tors. employees, agents and other consultants oC
each and any of them Crom and against all claims, costs. losses
and damages fmcJuding but not limited to all fees and charges
of engineers. architects, attorneys and other professionals and
all alurt or arbitration or other dispute resolution costs) caused
by, arising OUt of or resulting from the perf'onnance oC the
Work. provided that any such claim, cost, loss or damage: (ij is .
attrfout3ble to bocbly injury, sickness, disease or death. or to
injury to or destruction of tangible property (other than the
Work itself). incJuding the loss of use resulting therefrom, and
(ii) is caused in whole or in part by any negligent act or
omission of CONTRACTOR. any Subcontractor, any Supplier.
any person or organiz::uion directly or indirectly employed by
any of them to perform or furnish any of the Work or anyone
for whose acts any of them may be liable. rcgardl=s oCwbether
or not caused in part by any negligence or omission of a penon
or entity indemoiiied hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations regard-
less of the negligence oC any such person or entity.
6.32. In any and all claims against OWNER or ENGI-
NEER or any of their rcspeetive consultants. agents, officers,
directors or employees by any employee (or the survivor or
personal representative of such employee) of CONTRACIOR.
any Subcontnlclor. any Supplier, any person or organization
dire..'"tly or indirc::t1y employed by any of them to penorm or
furnish any of the Work, or any'oae for whose acts any of them
may be liable, the indemnification obligation under pal3gr3ph
6.31 shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable
by or for CONTRACTOR or any such Subcontractor. Supplier
or other person or organizalion under workers' compensation
aas. disability benefit acts or other employee benefit acts.
6.33. The indemnification obligations of CONTRACIOR
under parngraph 6.31 shall not extend to the liability of ENGI-
NEER and ENGINEER's Consultants, officers, directors.
employees or agents caused by the professional negligence.
errors or omissions of any of them.
SII1'Yiwzl Df ObligllliDlU:
6.34. All representations. indemniiiCltions. warranties and
guar.mtc:es made in. required by or given in ac::ordanc: with
28
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the ConU2Ct Documents, as well as all continuing obligations
indic:ated in the Contract DocumenlS, Wlll survive final pay-
JIlent. comJJletion and acceptance of the Work and termination
or comJJletion of the Agreement.
ARTICLE 7--OTHER WORK
ReltIud Wort at Site:
7.1. OWNER may' perfonn other work related to the
Project at the site by OWNER.s own forces, or let other
direct contracts therefor which shall contain General Condi-
tions sirmlar to these, or have other work perfonned by
utility owners. If the fact that such other work is to be
perfonned was not noted in the Cont."act Doc:umenlS, then:
(i) wrinen notice thereof will be given to CONTRACIOR
prior to starting any such other work, and (iil CONTRAC-
TOR may make a claim therefor as provided in Articles II
and 12 if CONTRACI'OR believes that such perfonnance
will involve additional expense to CONTRACIOR or re-
quires additional time and the parties are unable to agree as
to the amount or extent thereof.
)
7.2. CONTRACl'OR shall afford each other contractor
who is a party to such a direct contraet and each utility
owner (and OWNER, if OWNER'is performing the addi-
doaaJ work with 'OWNER.s employees) proper and safe
ac=ss to the site and a reasonable opportunity for th..:'
introduction and storage of materials and equipment and the
execution of such other work and shall properly connect and
coordinate the Work with theirs. Unless otherwise pr:ovided
in the Contract Documents, CONTRACIOR shall do all
cutting. fining and patching of the Work tbat may be required
to make its several pans come together properly :md inte-
grate with such other work. CONTRACTOR shall not en-
danger any work of others by cutting, excavating or other-
wise altering their work and will only cut or alter their work
with the wrinen consent of ENGINEER and the others
whose work will be affected. The duties and responsibilities
ofCONTRACTOR,under this paragl'aFlh are for the benefit of
such uality owners and other contraetors to the e.'ttent that
there an: comparable provisions for the benefit of CON-
TRACl'Olt in said direct contracts between OWNER and
such utility owners and other contractors.
-)
7.3. If the prop:r execution or resWlS of any part of
CONTRACTOR's Work depends upon work pcrfonned by
others under this Article 7, CONTRACTOR shall inspect such
ather work and prompdy report to ENGINEER in writing any
delays. defects or deficiencies in Such other Work that render it
unavailable or unsuitable for the proper execution and resullS
of CONTRACTOR's Work.. CONTRAClOR's failure so to
report wiD constitute an acc:..-ptanc:: of such other work as fit
and proper for integra1ion with CONTRACTOR's Work exc:pt
for latent or nOMJ'parent defects and deficiencies in such ather
work.
e
CQQrdinlztiDn:
7.4. ffOWNER conuaclS with others far the pcri'ormance
of other work on the Project at the site. the following wtll be set
fonh in Supplemenrary Conditions:
. 7.4.1. the person, fino or corporation who WIll have
authority and responsibility for coordination of the activities
among the various prime contractors WIll be identiiied:
7.4.2. the specific matters to be covered by such author-
ity and responsibility will be itemized; and
7.4.3. the extent of such authority and responsibilities
WIll be provided.
Unless otherwise provided in the Supplementary Condi-
tions, OWNER shall have sole authority and responsibility in
respect of such coordination.
ARTICLE 8-OWNER'S RESPONSIBIUTIES
8.1. Except as otherwise provided in these Gene:al Condi-
tions, OWNER shall issue all communications to CO~'"I'RAC-
TOR through ENGINEER.
8.2. In case of terminalion of the employment of ENGI-
NEER. OWNER shan appoint an engineer against wham
CONTRACTOR makes no reasonable objection. whose StalUS
under the Contract Documents shall be that of the fonner
ENGINEER.
.8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents prompdy and shall make pay~
menlS to CONTRACI'OR prompdy when they are due as
provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and
easements and providing engine:ring surveys to establish rei-
erence points are set forth in par.lgI'aphs 4.1 and 4.4. Par.lgraph
4.2 refers to OWNER's identifying and making available to
CONTRACTOR copies of reports of explorations and tests of
subsurface conditions at the site and drawings of physical
conditions in existing strUCtUreS at or contiguous to the site that
have be:n uulized by ENGINEER in preparing the Contract
Ooc:umenlS.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insur2nC:: are set forth in
paragraphs 5.5 through 5.10.
8.6. OWNER is obligated to cx=ute Change Order.; as
indiClted in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain inspec-
tions, tests and approvals is set forth in paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work, see par.lgr3phs 13.10 and 15.1. Paragr2ph 15.2
dc:1lswith OWNER.s right to terminate sc:rvic::s of CON-
TRACTOR under c::rrain circ:umstanc::s.
29'
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8.9. The OWNER shall not supervise. direct or have
control or authority over. nor be responsible for. CONTRAC-
iOR's means. methods, techniques. sequences or procedures
ri consuuc:tion or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR (0 comply with
Laws and ReguJa1ions applicable (0 the furnishing or perfor-
mance of the Work. OWNER Will nor be responsible for
CONTRACTOR's fallure lO perfonn or furnish the Work in
accordance with the Contract Documents.
8.10. .OWNER.S responsibility in respect of undisclosed
Asbestos, PCBs. Petroleum, Hazardous Waste or Radioactive
Materials uncovered or reve:1led at the site is set forth in
paragraph 4.5.
8.11. If and to the extent OWNER has agreed to furnish
CONTRACTOR reasonable evidence that financial arrange-
ments have been made to satisfy OWNER's obligations under
the Con~t Documents. OWNER.s responsibility in respect
thereof Will be as set forth in the Supplementary Conditions.
ARnCLE 9-ENGINEER.S STATUS DURING
CONSTRUcnON
OWNER's R~p1UDIIIIIivc
')
9.1. ENGINEER will be OWNER's representative during
the consuw:tion period. The duties and responsibilities and the
limitations of authority of ENGINEER as OWNER's repre-
sentative during consuuc:tion are set forth in the Contract
DoCuments and shall not be extended without written consent
of O.WNER and ENGINEER.
Yam III 5iu:
}
.~
9.2. ENGINEER wJ11 make visits to the site at intervals
appropriate to the various stages of canstruction as ENGI-
NEER deems ne"'-=ssary in order to observe as an experienced
and qualified design professional the progr=s that has been
mad~ and the quality of, the various i.spects of CONTRAC-
IDR's executed Work. Based on information obtained during
such visits and nbservarions, ENGINEER Will endeavor for
the benefit of OWNER to determine. in ,general. if the Work is
proc:ecdjng in accordance with the ConU'aCl Documents. EN-
GINEER will not be required to make ~ve or continu-
ous on-site inspections to che"'...k the quality or quantity of the
Work. ENGINEER.s efforts will be directed lOward provid;jng
for OWNER a greater degree of confidence lhal the completed
Work wiD conform generally to the Co~tract Documents. On
the basis of such visits and on-site observations. ENGINEER
will keep OWNER informed of the progress of the Work and
WIll endeavor lO guard OWNER against dd'tCli"t Work. EN-
GINEER.s visits and on-site observations are subject to all the
limiwions on ENGINEER.s audlority and responsibusry set
fonh in paragraph 9.13, and particularly. but without limitllion.
during or as a result of ENGINEER's on-site visits or
e
observations of CONTRACTOR's Work ENGINEER will not
supervise. direct. control or have authority over or be respon-
sible for CONTRACIOR's means, methods. techniques. se-
quences or procedures of constrUction. or the saiety prcc:au-
tions and programs incident thereto, or for any failure 0(
CONTRACTOR lO comply with Laws and Regulations appli-
Clble to the furnishing or perfonnance of the Work.
Project R~IIII1tDe:
9.3. If OWNER and ENGINEER agree, ENGINEER will
furnish a Resident Project Representative to assist ENGI-
NEER in providing more continuous observation of the Work.
The responsibilities and authority and limitations thereon of
any such Resident Project Representative and assistants will be
as provided in paragraph 9.13 and in the Supplementary
Conditions. If OWNER designates anodler representative or
agent to represent OWNER at die site who is not ENGI-
NEER's Consultant, agent or employee, the responsibilities
and authority and limitations thereon of such odler person WllI
be as provided in the Supplemenrary Conditions.
C~ns fl1IIlInterpretlZ1ions:
9.4. ENGINEER will issue widl reasonable promptness
such written clarifications or interpretations of the require-
ments of the ConU'aCl Documents (in the fonn of Drawings or
othe:wise) as ENGINEER may determine nec:ssary. which
shaJl be consistent with the intent of and reasonably inferable
from Contract Documents. Such written clarifications and
interpretations will be binding on OWNER and CONTRAC-
IDR. If OWNER or CONTRACIOR believes that a written
clarificttion or interpretation justifies an adjustment in the
Contract Price or the Contract Tunes and the panies are unable
to agree to the amount or extent thereof, if any, OWNER or
CONTRACI'OR may make a written claim thcrcior as pro-
vided in Article 11 or Article 12.
AUlhari::et:/ VariatiDlIS in Work:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Conuac:t Times and are compatible with the design concept of
the completed Project as a funcrianing whole as indic:ated by
the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER and also on
CONTRAcroR who shall perform the Work involved promptly.
If OWNER or CONTRAcroR believes that a Ficld Order
justifies an adjustment in the Contract Pric:: or the Contract
Times and the parties are unable to agree as to the amount or
extent thereof. OWNER or CON1'RAC"I'OR may make a
written claim therefor as provided in Article lIar 12.
R~jraing DrfmiW! Wart:
9.6. ENGINEER Will have authority to disapprove or
reject Work which ENGINEER believes to be dtf~r:livt, or
30
e
that ENGINEER believeS win not produce a completed Project
that conforms to the Contract Documents or thal WIll prejudice
$Ie integrity of the design concept of the completed Project :IS
a functioning whole :IS indicated by the Contnac:t Documents.
ENGINEER W1ll also have authority to require spedal ins~'
tion or testing of the Work as provided in paragraph 13.9.
whetber or not the Work is fabriC1ted. installed or completed.
SluJp Dnzwinrs. Clump Orrhrs and PaymelllS:
9.7. In connection with ENGINEER's authority as to
Shop Otawings and Samples. see paragraphs 6.24 through 6.28
inclusive.
9.8. In connection with ENGINEER's authority as to
Change Orders. see Anicles 10. II, and 12.
9.9. In connection with ENGINEER.s authority as to
AppliC1tions for Payment. see Article 14.
D~fUfDr Unit Pri&es:
)
9.10. ENGINEER will determine the actual quantities and
c:lassiiications of Unit Price Work performed by CONTRAC-
TOR. ENGINEER W1ll review with CONTRACTOR the EN-
GINEER.s preliminary detenninations on such matters before
rendering a written decision thereon (by recommendadon of an
Application for Payment or otherwise). ENGINEER.s wriaen
decision thereon WIll be final and binding upon OWNER and
CONTRACTOR. unless. within ten days after the date of any
such decision. either OWNER or CONTRACtOR delivers to
the other and to ENGINEER wriaen notie: of intention to
appeal from ENGINEER's decision and: (i) an appeal from
ENGINEER's decision is taken within the time limits and in
aa:ordanc:: with the proc:dures set forth in E."thillit GC-A.
"Dispute Resolution Agreement:' entered into bctwe:n
OWNER and CONTRACIOR pursW\l1t to Article 16. or (in if
no such Dispute Resolution Agreement has be:n entered into.
a formal proceeding is institul~ by the appc:1ling party in a
forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to
ENGINEER's decision. unless otherwise agreed in writing by
OWNER and CONTRAC1'OR. Such appc:ll WIll not be subject
to the proc:edures of paragraph 9.11.
Ded.siDfU 011 DispUIG:
).
-"
9.11. ENGINEER will be the initial interpn:ler' of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Oaims. disputes and
other matters relating to the ac=eptabality of the Work or the
interprecation of the ,reauirements ofthc ContraCt Documents
pcnaining to the pcrfo~ce and furnishing of the Work :md
Cairns under Articles II and 11 in respect of changes in the
Contract Price or Contract TImes win be referred initially to
ENGINEER in writing with a request for a formal decision in
accordance with this par.lgraph. Written notice of e:ac:h such
claim. dispute or other matter WIll be delivered by the claimant
e
to ENGINEER and the other party to the Agreement promptly
(but in no event later than thirty days) after the start of the
occurrence or event giving rise thereto, and wriaen supporting
dal:1 wilt be submined to ENGINEER and the other party
within sb.ty dllys after the start of such occurrence or event
unless ENGINEER :1llows an additional period or time ror the
submission of additional or more accurate data in support of
such claim. dispute or other maner. The opposing party shall
submit any response to ENGINEER and the claimant within
thirty days after receipt of the claimant.s last submittal (unless
ENGINEER allows additional time). ENGINEER. Will render
a formal decision in writing within thirty days after receipt of
the opposing pany's submittal. if an)'. in :1a:ordancc with this
pangraph. ENGINEER's written decision on such claim.
dispute or other maner will be final and binding upon OWNER
:md CONTRACTOR unless: (i) an appeal from ENGINEER's
decision is taken within the time limits and in accordance with
the procedures set fo~ in EXHIBIT GC-A. "Dispute Reso-
lution Agreement," entered into between OWNER and CON-
TRACTOit pursuant to Article 16. or (ii) if no such Dispute
Resolution Agreement has been entered into. a written notie:::
of intention to appeal from ENGINEER's written decision is
delivered by OWNER or CONTRACTOR to the other and to
ENGINEER within thirty days after the date of such decision
and a fonnal proceeding is instituted by tbe appealing party in
a forum of competent jurisdiction to exercise such rights or
remedies :IS the appealing party may have with respect to such
claim. dispute or other matter in accordance with applicable
l..:lws :md Regul:1tions within sixty days of the date of such
deeision. unless otherwise agre:d in writing by OWNER and
CONTRACTOR.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11. ENGINEER WIll not show partiality
to OWNER or CONTRACTOR and will not be liable in
connection with :my interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect
to any such claim. dispute or other matter (except any which
have been waived by the m:1king or ac::eprance of final
payment:lS provided in.paragraph 14.15) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of
such rights or remedies as either may otherwise have under the
Contr.1Ct Doc:uments or by Laws or Regulations in respe"'..t of
any such claim. dispute or other maaer pursuant to Article 16.
9.13. I.imitDIions 011 ENGINEER'! AIIlhDriJ:y azul Responsii1iiiliG:
9.13.1. Neither ENGINEER.s authority or responsibil-
ity under this Artic!e 9 or under any other provision of the
Cont~t Documents nor any decision made by ENGINEER
in good faith either to exercise or not exercise such authority
or responsibility or tbe undertaking. exercise or performance
of :my authority or responsibility' by ENGINEER. shall
cre:1te. impose or give rise to lUty duty owed by ENGINEER
to CONTRACTOR. any Subcontractor. any Supplier. any
other person or orpnization. or to lUty surety for or em-
ployee or agent of any of them.
31
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9.13.2. ENGINEER wtll not supervise, direct. control
or have authority over or be responsible for CONTRAC:-
· TOR's means, methods, tc:cbniques. sequences or prcc:e.
du~ of constrUction, or the safety precautions and pro-
zrams incident thereto, or for any failure of CONTRACTOR
to comply with Laws and Regulations applicable to the
Furnishing or perfonnanc:e of the Work. ENGINEER wtll not
be: fCSpOnSJole for CONTRACTOR.s farlure to perform or
furnish the Worle in accordance widl die Contr.iCt Docu.
ments.
19.13.3. ENGINEER wtll not be responsible for the acts
or omissions of CONTRACTOR or of any Subcontr.iCtor.
any Supplier, or of any odler person or orpnization perform-
ing or furnishing any of die Worle.
9.13.4. ENGINEER's review of the final Application for
Payment and accompanying documenwion and all mainte-
nance and oper2ting instructions, schedules. guarantees,
bonds and c:ertifiClles of inspection, tests and approvals and
Othe:" documentation required to be: delivered by paragraph
14.12 will oidy be to determine ge~erally that their content
complies with the requirements of, and in die case of
c:crtific:atc:s of inspections. tests and approvals that the
results certified indiClle compliance with. die CODtr.lCt Doc.
uments.
.)
."
9.13.5. The limitations upon audloriEy and responsibility
set fonh in this par3gr.lph 9.13 shall also apply to ENGI-
NEER's Consultants, Resident Project Reprcsenwive and
assistants.
ARTICLE ID-CHANGES IN THE WORK
10.1. Without invalidating the Agre:ment and without
notie: to any surety, OWNER may. at any time or from time
to time. order additions. deletions or revisions in the Work.
Such additions. deletions or revisions will be :wthorizcd by
a Written Amendment. a Change Order, or a Work Change
Directive. Upon receipt of any such document, CONTRAC.
TOR shall promptly proceed with the Worle involved which
wt'l be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically pro-
vided).
10.2. Jf OWNER and CONTRACTOR are unable to agree
as to the extent. if any. of an adjustment in the ConlnCt Price
or an adjustment of the Conuaa Times that should be aJlowetf
as a result of a Work Change Directive. a claim may be made
then:for as provided in Anicle II or Anicle 12.
-)
10.3. CONTRACI'OR shall not be entided to an increase in
die Contract Price or an extension of the Contrac:t lunes with
respea to any Worlc performed that is not reqUired by the
ColUr.lCt Dac:uments as amended. modified and supplemented
as provided in paragraphs 3.5 and 3.6 except in the c::ase or an
cmerpc:y as provided in paragraph 6.23 or in the c:ase of
uncovering Worle as provided in paragraph 13.9.
i.. .
'-.
e
10.4. OWNER and CONTRACTOR shall execute appro-
priacc Change Orders recommended by ENGINEER (or Writ-
ten Amendments) covering:
10.4.1. changes in the Worlc which are (i) ordered by
OWNER pursuant to paragraph 10.1. (ii) requiRd because of
ac:ccptance of d~f~Cli,,~ Work under paRgraph 13.13 or
correcting d~f~Cli,,~ WOrlc under paragraph 13.14, or (iii)
agreed to by the panies;
10.4.!. changes in the Contrac:t Price or Contract Times
which are agreed to by the panics; and
10.4.3. changes in the Contrac:t Price or Contract Tunes
which embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph ,9.11:
provided that, in lieu of executing any such Change Order. an
appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applic3ble
Laws and Regulations, but during any such appc:aJ. CON-
TRACTOR shall carry on the Worle and adhere to the progress
schedule as provided in paragraph 6.29.
10.5. If notice of any change affecting the general scope of
the Wonc or the provisions of the Contract Documents (includ-
ing, but not limited to, Contract Price or Contract TIMes) is
required by the provisions of any Bond to be given to a surety.
the giving of any such notice will be CONTRACTOR.s reSpon-
sibility. and the amount of each applicable Bond wilt be
adjusted accordingly.
ARTICLE II-CHANGE OF CONTR.'\CT PRICE
11.1. The Contract Price constitutes .the total compensa-
tion (subject to authorized adjustments) payable to CON-
TRACIOR for peri"orming the Work. All duties. responsibili-
ties and obligations assigned toorundenaken by CONTRACrOR
shall be at CONTRACTOR.s eltpense without c:hange in the
Contract Price.
11.2. The ConU'ac:t Pric:: may only be changed by a Change
Order or by a Written Amendment. Any claim for an adjust-
ment in the ConU2Ct Price shall be based on written notic::
delivered by the pany making the claim to the other party and
to ENGINEER promptly (but in no event later than thirty
days) after the start of the occurrence or event giving rise to the
claim and stating the general nature of the claim. Notice of the
amount of the claim with supporting data shall be delivered
within sixty days after the start of such occ:urrcnc:e or cyent
(unless ENGINEER allows additional time for claimant to
submit additional or more ac:curate data in support oftbe claim)
and shall be accompanied by claimant's wrincn st3ICmc:nr that
the aGJUStment claimed covers aU known amounts to which the
claimant is entided as a result of said occ:um:nc:e or event. All
claims for adjustment in the Contrac:t Price shaD be determined
by ENGINEER in accordance with paragraph 9.11 if OWNER
and CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract Pric:: wt11
32
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be valid if not submitted in accardance with this pamgraph
ll~
.
11.3. The value of any Work covered by a Change Order or
of any claim for an adjusunent in the Contract Price w11l be
delennined as follows:
1l.3.I. where the Work involved is covered by unit
prices contained in the Conuact Doc:uments. by application
of such unit prices to the quantities of the items involved
(subject to the provisions' of paragraphs 11.9.1 through
11.9.3. inclusive);
11.3.2. where the Work involved is not covered by unit
prices contained in the ContraCt Documents, by a lIWtU3Dy
agr=d lump sum (which may include an aDowaau:e for
overhead and profit not necessanly in accordaDC:: with
paragraph 11.6.2);
1l.3.3. where the Work involved is not covered by unit
prices contained in the ContraCt Documents and agreement
to a lump sum is not reached under paragraph 11.3.2. on the
basis of the Cost of the Work (determined as provided in
paragraphs 11.4 and 11.5) plus a CONTRACIOR.s fe: ror
overhead and profit (determined as provided in paragraph
11.6).
tAt olIM Wort:
)
11.4. The term Cost of the Work means the sum ofaD costs
necessarily inc:uned and paid by CON'TRACl'OR in the proper
petformance of the ~ork.. Except as otherwise may be agre:d
to in writing by OWNER. such costs shall be in amounts no
bizher than those pl"CY311ing in the loC:3lity of the Project. shall
include only the following items and shall not include any of the
costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the peri'ormana: of the Work unde:-
schedules of job classific:alions agz:ecd upon by OWNER and
CONTRACIOR. Such employees shall include without \im-
itation superintendents, foremen and, other pcnoMel em-
ployed fuII- time at the site. Payroll costs for empJoye:s not
employed full time on the Work shall be apportioned CD the
basis of thdr time. spent on the Work.. Payron costs shall
indud~. but not be limited to. salaries and wages plus the
cost. of fringe benefits wbich shaJl include ,social security
coDuibutions. unemployment. excise and payroD lUes, work.
ers' compensatio~ health and retirement bcnefiu. bonuses.
sick leave. vacation and holiday pay applicable thereto. The
ClqJCDSCS of performing Work after regular woriciag hours,
CD SalUrday, Sunday or lepI holidays. shaD be included in
the above to the ~tent authorized by OWNER.
,)
11.4~ Cost ofaD rmw:rials and equipment fUmisbed and
incorpotatecl in the Work. including costs Of transportation
ami stor3ge thereof'. and Suppliers. field services required in
coancc:tian therewith. AD cash discounts shaD ac:crue to
CONTRACTOR unless OWNER deposits t1Inds with CON-
"IRACI'01l with wbich to make payments, in which CISC the
-
.'. .
......
e
cash discounts shall accrue to OWNER. All trade disco~
rebates and refunds and returns from sale of surplus nweri-
als and equipment shall accrue to OWNER. and CON-
TRACTOR shall make provisions so that they may be
obtained.
11.4.3. Payments made by CONTRACroR to the S~
conU3Clors for Work perfonned or furnished by Subcontrac-
tors. If required by OWNER. CONTRACroR shaD obtain
competitive bids from subcontractors acceptable to OWNER.
and CONTRACIOR and shall deliver such bids to OWNER.
who will then determine. with the advice of ENGINEER.
which bids. if any. will be accepted. If any subcollU'aCt
provides that the Subcontr3CtOr is to be paid on the basis of
Cast of the Work Plus a fee. the Subc:onU3CtDr's Cost of the
Work and fee shalt be determined in' the same manner as
CONTRACTOR's Cost of the Work and fee as provided in
paragraphs 11.4. U.5. 11.6 and 11.7. All subc:ontt3CtS shall
be subject to the other provisions of the Contract Doc:uments
insofar as applicable.
11.4.4. CO$ts of special consul~ts (including but not
limited to engineers. architects. testing.labonuories. survey-
ors, attorneys and accountants) employed for services spe.
cifically related to the Work.
11.4.5. Supplemenral costs including the following:
11.4.5.1. The proportion of nea:ssary tr.mspOnation.
travel and subsistence expenses of CONTRACI'OR.s em-
ployees incumd in discharge of duties connected with. the
Work.
11.4.5~ Cost. including ttansporwion and mainte:-
nance. of all materials. supplies. equipment. ImJdJi~.
appliances. offic:: and temporary faalities at the site and
hand tools not owned by the workers. wbich are con-
sumed in the performance of the Work. and cost less
market value of such items used but not consumed which
remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
machinery and the pans thereof whether rented iiom
CON1'RACTOR or others in accord:1nce with rental agree-
ments approved by OWNER with the advice 'of E.1\lGI-
NECK. and the costs of transportation. loading, unload-
ing. installation. dismantling and removal thereof-aJI in
accordance with the terms of said rental agreements. Tbc
renral of any such equipmcnc. machinery or parts shall
cease when ~~ use thereof is no longer necessary for the
Work.
. "
11.4.5.4. Sales. consumer. use or similar lUes relaIecl
to;the Work. and for which CON'IRACTOR is liable.
imposed by Laws and Rc:guIalions.
11.4.5.5. Deposits lost for causes other than negli-
gence of CONTRACTOR. any SubconD"aCZOr or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable. and royalty
payments and fees for permits and licenses.
33
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..
11.4.5.6. Losses and damages (and rcIa1ed expenses)
caused by damage to the Work. not compensated by
insurance or otherwiSe. sustained by CONTRACIOR in
connection with the performance and furnishing of the
Work (except losses and damages within the.deductible
amounts of property insunnce ~lished by OWN~ in
accordance with paragraph 5.9). provided they bave re.
suited f'rom causes other than the negligence of CON-
TRACl'O~ any Subcontractor. or anyone directly or
indirectly employed by any of them or for whose acts any
of them may be liable. Such losses shall include settle.
ments made with the wrinen consent' and approval of
OWNER. No such losses. damages and expenses shall be
included in the Cost of the Work for the purpose of
determining CONTRACTOR's fee. If. however. any such
loss or damage requires n:c:onsuuc:tion and CONTRAC.
lOR is placed in charge Iben:cf. CONTRACTOR sba1l be
paid for services a fee proportionale to that Staled in
paragraph 11.6.2.
11.4.5.7. The cost of ualities. fud and sanitary facili-
ties at the site.
r 1.4.5.8. Minor expenses such as telegrams. long dis-
ranee telephone c:aJls. telephone service a1 the sile. ex-
pressage and sinulat petty cash items in connection with
the Work.
)
,
11.4.5.9. Cost of premiums "for additional Boads and
insurance required because of changes in the Work.
11.5. The term Cost of the Work shall not inc:Jude any of
the following:
U.5.). PayrolJ costs and other compensation of CON-
TRACTOR.s officers. executives. principals (ot partnership
and sole proprietorships), general managers. engjne:.-s. ar-
chitects. estimarars. attorneys. auditors. accountants. pur-
chasing. anii contracting agents. expediters. timeke:pers.
'cfc:rlcs and other personneJ employed by CONTRACI'OR
whether" at the site or in CO~R's principal or a
.branch office for general administration of the Work and not
speciijc:aJly included in the agreed upon schedule 0{ job
classilic:ations referred to in paragraph 11.4. I or speciiic:aJly
covered by paragraph 11.4.4-aJI or-which are to be consid-
ered administrative costs covered by the CONTRACTOR's
fee.
Il.5~ Expenses of CONTRAC'IOR.s princ:ipal and
branch offices other than CON'TRACTOR's office at the site.
n.5.3. Any part of CONTRACI'OR's capital expe."1Ses.
inc:Juding inler1:st on CONTRACI'OR's capital employed for
the Work and charges, against CONTRACI'OR for delin-
quent payments.
-)
J 1.5.4. Cost of premiums for aJl Bonds and for all
iDswaac:e whether or not CONTRACTOR is required by the
Conuact Ooc:wnents to purchase and maintain die same
(cxc:pr for the cost of premiums covered by subparagraph
1 J.4.5.9 above).
",.'
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11.5.5. Costs due to the negligence ofCONTRAC-
TOR. any Subcontractor. or anyone directly or indi-
rectly employed by any of them or for whose acts any
of them may be liable. including but not limited to. the
correction of defective Work. disposal of materials or
equipment wrongly supplied and making good any
damage to property.
Other overhead or general expense costs of any lcind
and the costs of any item not specifically and expressly
included in pazagraph 11.4.
11.6. The CONTRACIOR's fee aJlowed to CONTRAC.
lOR for ovemead and profit shall be determined as follows:
11.6.1. a mutually acceptable fixed fee; or
11.6.2. if a fixed fee is not agreed upon. tben a fee
based on the following percentages of the various
portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragIaphs 11.4.1
and 11.4.2, the CONTRACTOR's fee shall be fifte=!
percent;
11.6.2.2. for costs incurred under paragraph 11.4.3.
the CONTRACIOR's fee shall be five percent;
11.6.2.3. where one or more tiers of subcontracts are
on the basis of Cost of the Work plus a fee and no fixed fe:
is agreed upon. the intent of paragraphs lJ.4.1. 11.4.2.
11.4.3 and 11.6.2 is that the Subcontractor who aauaDy
performs or furnishes the Work, at whatever tier. WIll be
paid a fe: of fifteen percent of the costs incurred by such
Subcontractor under paragraphs 11.4.) and 11.4.2 and that
any' higher tier Subcontractor and CONTRACTOR wiD
each be paid a fe: of live percent oflbe amount paid [0 [he
next lower tier Subcontractor;
11.6.2.4. no fe: shall be payable on the basis of costs
itemized under paragraphs 11.4.4, 11.4.5 and 11.5;
11.6.2.5. the amount of credit to be allowed by CON-
TRACTOR to OWNER for any change which results in a
net decrease in cost WIll be the amount of the actual ne:
decrease in cost plus a deductiOD in CONTRACTOR's fe:
by an amount equal to live percent of such net decrease;
and
11.6.2.6. when both additions and credits are involved
in anyone change. the adjustment in CONTRACl"OR's
fe: shall be computed on the basis of the net change in
accordance with paragraphs 11.6.2.1 through 11.6.2.5.
inclusive.
11.7. Whenever the cost of any Work is to be determined
pursuant to paragraphs 11.4 and 11.5. CONTRACI'OR will
establish and maintain n:corils thereof in accordance with
generally accepted accounting practices and submit in form
ac=pcable to ENGINEER an itemized cost breakdown to-
gether with supporting data.
34
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c= AllDWIIlICU:
-
11.8. It is understood that CONTRACTOR has included in
the ConU3Ct Price all allowances so named in the Contract
Documents and shall cause the Work sa covered to be fur-
nished and performed for such sums as may be acceptable to
OWNER and ENGINEER. CONTRACTOR agre:s that:
11.8.1. the allowanc::s include the cast to CONTRAC-
roR Oess any applicable trade discounts) of nweriaIs and
equipment required by the allowances to be delivered at the
site. and all applicable taxes; and
11.8.2. CONTRACI'OR's costs for unloading and han-
dling an the site. labor. installation casts. overhead. profit
and ather expenses contemplated for the allowances have
been included in the Contract Price and not in the aJlowanc::s
and no demand for additional payment on account of any of
the foregoing will be valid.
~or to final payment. an appropriate Change Order will be
issued as recommended by ENGINEER to refled actual
amounts due CONTRACTOR an account of Work covered by
allowanc:s. and the Contract Price shall be correspondingly
adjusted.
11.9. Ullit Pnc. WQIt:
.>
11.9.1. Where the Contract Doc:uments provide that all
or part of the Work is to be Unit Price Work. initially the
Contract Price WIll be deemed to include for all Unit Price
Work an amount equal to the sum of the established unit
pric:: for each separately identified item of Unit Price Work
times the estimated quantity of each item as indicated in the
Agre:mcnL The estimated quantities of items of Unit Price
Work an: not guaranteed and an: solely for the purpose of
comparison of Bids and determining an initial Contract
Pric::. Determinations of the actual quantities and classifica-
tions of Unit Price Work perfonned by CONTRACTOR wt1l
be made by ENGINEER in accordance with paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR's overbC3d and profit for c:adt sepa-
rately identified item.
11.9.3. OWNER or CONTRACTOR may make a claim
for an adjustment in the Contract Price in accordanc:: with
Article II if:
11.9.3.1. the quantity of any item of Unit Pric:: Work
performed by CONTRACTOR diff'ers materially and sig-
niiicandy from the' estimated quantity of such item indi-
c:aled in the Agreement; and
.w)
11.9.3.2. there is no c:olTCSponding adjustment with
Iapect to any other item of Work: and
11.9.3.3. if CONTRACI'QR believes that CONTRAC-
roa is entitled to an inc:n::lSe in Contract Price as a result
e
of having incurred additional expense or OWNER be-
lieves that OWNER is entitled to a decrease in Contract
Price and the parties an: unable to agree as to the amount
of any such incrc:1Se or dccr=se.
ARTICLE 12-CHANGE OF CONTR.o\Cf TIMES
12.1. The Contract Tunes (or Mnestones) may only be
changed by a Change Order or a Written Amendment. Any
claim for an adjustment of the Contract TlD1es (or Milcstoacs)
shall be based on written notice delivered by the party making
the claim to the ather party and to ENGINEER promptly (but
in no event later than thirty !iays) after the oc:::urrcnc:c of the
event giving rise to the claim and swing the general nature of
the claim. Notice of the extent of the c~m with supporting
dara shall be delivered within sixty days after such oc:curreDc:e
(unless ENGINEER allows an additional period of time to
ascertain mare accurate data in support of the c:Jaim) and shall
be accampanied by the c1aimant's written statement that the
adjustment c:1aimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of the
oc:curmac:e of said evenL All claims for ad"~ent in the
Contract Tunes (or Mnestones) shall be determined by ENGI-
NEER in accordance with paragraph 9.11 if OWNER aDd
CONTRAClOR ?Mot otherwise agree. No claim for an
adjustmeDt in the Contract urnes (or Milestones) wiD be valid
if' not submitted in accordance with the requirements of this
paragr2ph12.1.
12.2. All time limits stated in the Contract Doc:umcnts arc
of the essenc:: of the Agrc:menL
12.3. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the ContraCt T"lD1es (or
Milestones) due to delay beyond the control of CONTRAC-
roR. the Contr.u:t runes (or Milestones) wtll be exu:nded in an
amount equal to the time lost due to such delav if a claim is
made thcrd"or as provided in paragraph 12.1. Delays beyond
the control ofCONTRAClOR shall include. but not be limited
to. acts or neglect by OWNER. acts or neglect of utility owners
or other c:anaactors performing other work as contemplated by
Article 7. \ires. ftoocis. epidemics. abnonnal 'wc:tther condi-
tions or lIClS of God. Delays aan"butable to and within the
conuol of a SubconU3CtDr or Supplier shall be deemed to be
delays within the control of CONTRACTOR.
12.4. When: CON'TRACTOR is prevented from complet-
ing any part of the Work within the ConD"aCt TlD1es (or
MDesroaes) due to delay beyond the control of both OWNER
and COr-rrRACTOR. an extension of the ContraCt T"lD1es (or
Milesrones) in an amount equal to the time lost due to such
delay sbaJ1 be CONTRACTOR's sole and exclusive remedy for
such delay. tn no event shall OWNER be liable to CON1'RAC-
TOR. any SubcontnlCtor. any Supplier. any other person or
organiz3lion. or to any sun:ty for or employee or ageDt of auy
of them. for damages arising out of or resulting from (i) delays
caused by or within the control of CONTRACI'OR. or (ij)
3S
~
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deJays beyond the control of both panics including but not
limited to fires. floods. epidemics. abnormal weather condi-
,floras. acEs of God or acEs or neglect by utility owners or
other conu:actors perfonning other work as contemplated by
Article 7.
ARTICLE 13-TESTS AND INSPECTIONS;
CORREcnON.REMOVALOR
ACCEPI'ANCE OFDEFECTlVE WORK
13.1. NOlice of Defecu: Prompt notice of all tk/,cti"e
Work of which OWNER or ENGINEER havc actual knowl-
edge wt1l be given to CONTRACTOR. All defecti", Work
may be rejected. com:cted or accepted as provided in this
Aniclc 13.
Aa:m ID Work:
)
13~ OWNER. ENGINEER. ENGINEER's Consultmts.
other repf'e$Cntatives and personnel of OWNER.. independent
testing laborarories and governmental agencies with jurisdic.
tional interests WIll have access to the Work at reasonable times
for their observation. inspecting and testing. COl'ot"IRACI'OR
shaD provide them proper and safe conditions for such acc:ss
and advise them of CON'TRACTOR.s site safety proc:..-dures
and programs so that they may comply therewith as applicable.
T~ fIIfIl Inspet:IiDru:
13.3. CONTRACTOR shall give ENGINEER timely no-
tie:: of n:adiness of the Work for all required inspe::ions. tests
or approvals. and shall cooperole with inspection and testing
persoMel to faclirare required ins~tioi1S or tests.
13.4. OWNER shall employ and pay for the sc."'Vic=s of an
inci=pcndcnt tcstiDllabor.uory to perfonn all inspc:tions. tests.
or approvals required by the Conllact Documents exc..-pt:
13.4.1. for inspections. tests or approvals covered by
paragraph 13.5 below;
13.4~ that costs incum:d in connection with tests or
inspections conducted pursuant to paragraph 13.9 below
shall be paid as provided in said paragr3ph 13.9; and
13.4.3. as otherwise spe::iiica1ly provided in ~e Con-
tract Documents.
)
13.5. If laws or Regulations of any public body baving
jurisdiction require any Work (or part thereoO specifically to be
inspected. tested or approved by an CJDllloye: or other repre.
SCDtaUve of such public body. CONTRACTOR shall assume
fUll f'CSl)OnsibiIity for ammging and obtaining such inspections.
teslS or approvals. pay all costs in COMedian therewith. and
tumish ENGINEER the required c=nifiClteS of inspection. or
'-
e
appro\-a1. CONTRACTOR. shall also be responsible for arrang-
ing and obtaining and shall pay all COSEs in connectioo with any
inspections. teS1S or approvals required for OWNER's and
ENGINEER.s acceplaft= of materiaJs or equiplDC:ll to be
inc:orpor:1tCd in the Wone.. or of materials. mix designs, or
equipment submiaed for approval prior to CON"I'RACTOR's
purchase thereof for incol'l'OraUon in the Work.
13.6. If any Work (or the work of others) that is to be
inspected. tested or approved is covered by CONIAACTOR
without wriaen conc:iurence of ENGINEER. it must; if re-
quested by ENGINEER. be uncovered for obscrvaaon.
13.7. Uncovering Work. as provided in paragraph 13.6 sball
be at CONTRACTOR's expense unless CONTRACI'OR. has
given ENGINEER timely notie:: of CONTRACTOR.s inten-
tion to cover thc same and ENGINEER has not acted with
. reasonablc prompmess in response to such notice.
Uru:OHring Wori::
13.8. If any Work is covered contrary to the wria:."l request
of ENGINEER. it must, if requested by ENGINEER. be
uncovered for ENGINEER's observation and re~lacecl at
CONTRACTOR.s expense.
13.9. If ENGINEER considers it nec::ssary or advisable
that covered Work. be observed by ENGINEER or inspected
or tested by olbers. CONTRACrO~ at ENGINEER.s re-
quest. shaD uncover, expose or otherwise make av3ilable for
observazion. iDspection or testing as ENGINEER may require.
that portion of the Work. in question. furnishing all necessary
labor. material and equipment. If it is found thar. such Work. is
defecti"e. CONTRAC'IOR shall pay all claims. costs. losses
and damage$ caused by, arising out of or resulting from such
uncovering. exposure. observation. inspection and testing and
of satisfactory replacement or reconstruction (including but not
limited to all COSEs of repair or replacement of work of othc."'S);
and OWNER shall be entitled to an appropriate de=':3Se in the
Contract Pric:. and. if the panies are unable to agre= as to the
amount thcn:af. may make a claim therefor as provided in
Article II. If. however. such Work is not found to be d'f~cln.'.
CONTRACTOR shall be allowed an inct'C35e in the Conllact
Price or an extension of the ConU'ac:t Times (or Milestones). or
both. directly attn"butable to such uncovering. exposure. ob-
servation. inspe::tion. testing. replacement and reccnsuuction;
and. if the parties are unable to agre: as to the amount or extent
thereof. CONTRACI'OR may make a claim therefor as pro-
videdin Articles II and 12.
OWNER. May SIDp tJv Wori::
13.10. If the Work is defecliv~. or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials or equip-
ment. or fails to furnish or pcrfonn the Work in such a way that
the completed Work wiD coafann to the Contrac: Doc:uments.
OWNER may order CONTRACTOR to stop the Wane.. or any
portion thereof. until the cause for such order has been
eliminated; however. this right of OWNER to stop the Work.
.36
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shall not give rise to any duty on the part of OWNER to
exercise this right for the benefit of CONTRACTOR Of any
;arety or other party.
~ctiDn or RclftDval of Defective Work:.
13.J1. 'If required by ENGINEER. CONTRACTOR shall
prompdy, as directed. either correct all d~~crive Work. whether
or not fabricued. installed or completed. Of. if the Work has
be:n rejeacd by ENGINEER. remove it frem the site and
replac= it with Work that is not tkjecrive. CONTRACIOR shall
pay an claims. costs. losses and damages caused by or resulting
&om such corrcc:tion or removal (including but not.limitcd to all
costs of repair or rep1acement of work of othe~).
13.l2. COIftt:1ioIl PcriDd:
).
13.12.1. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations Of by the terms of any
applicable special guarantee required by the ContnCt Doc-
uments or by any specific provision of the Contr.ICt Docu-
ments. any Work is found to be defective. CONTRAC'I'OR
sba11 promptly, without cost to OWNER and in accordance
. with OWNER's written iasuuctions: (i) correct such defec-
tive Work. or, if it bas been rejected by OWNER, remove it
from the site and replace it with Work that is not de/ective.
and (ii) satisfactorily correct or remove and replace any
damage to other Work or the work of others resulting
therefrom. If CONTRACTOR does Dot promptly comply
with the terms of such insD'Uc:tions, or in an emergency
.where delay would cause serious risk of loss or damage.
OWNER may have the defecrive Work corrected or the
rejected Work removed and rep1aced, and an claims. costs.
losses and damages. caused by or reSulting from such re-
moval and replacement (including but not limited to aD costS
of repair or replacement of work of othe~) wJ11 be paid by
CONTRACTOR.
13.12.2. In special circumstances where a particular item
of equipment is plac:d in continuous sc:rvic: before Substan-
tial Completion of all the Work. the correction period for that
item may start to run from an eariier date if so provided in
the SpecifiC3tiOns or by Written AmencimenL
13.12.3. Where defecrive Work (and damage to other
Work resulting therefrom) has been corr=ted. removed or
replaced under this paragraph 13.12. the cOrrection period
hc:eunder with respect to such Work will be extended for an
additional period of one year after such com:aion or ~-
moval and rep1acement has been satisiac:tonly completed.
A=qtmru 0/ DeJet:li.N Wort:
J
13.13. If. instead of requiring correction or removal and
replacement of thfeciive Work. OWNER (and. prior to ENGI-
NEER's rec:ommcndaUon offinal payment. also ENGINEER)
pn:fcs to accept it. OWNER may do so. CONTRACI'OR shall
.-
pay an claims. costs. losses and damages attn"butable to
OWNER's evaluation of and detennination to accept such
thfecril1e Work (such costs to be approved by ENGINEER as
to rc::ISOnablenc:ss). If any such :1CCl:pWlC: occu~ prior to
ENGINEER's recommenclaDon of final payment. a Cban~
Order WIll be issued incorporating the nea:ssary revisions in
the Contr:1Ct Documents with respect to the Work; and OWNER .
shall be entitled to an appropriate decrc:a.se in the Contract
Price. and, if the panies arc unable to agr= as to the amount
thereof. OWNER may make a claim therefor as provided in
Articie 11. If the ac:c:pcanc:e occu~ after such recommenda-
tion. an appropriale amount WIll be paid by CONTRACTOR to
OWNER.
OWNER May Correct Dej<<tiPe Work:
13.14. If CONTRACIOR fal15 within a reasonable time
after wriuc:n notice from ENGINEER to correct de/ective
Work or to remove and replac: rejected Work as requin:d by
ENGINEER in accordance with pangraph 13.11, or if CON-
TRACTOR fails to pcrfonn the Work in accordance with the
Contr.ICt Documents. or if CONTRACTOR fal15 to comply
with any other provision oflhe Contraet Documents, OWNER
may. after seven d.ays' written notic: to CONTRAC'1PR.
correct and remedy any such deficiency. In exercising the
rights and remedies under this paragraph OWNER shall p~
c:=d ex~itiously. In cOMection with such corrective and
remedial action. OWNER may exclude CONTRACTOR from
all or pan of the site. take possession of all or part of the Wo~
and suspend CON1'RACTOR's services rc:!atc:d thereto, take
poss=sion of CONTRACTOR's tools. appliances, COnstnlC-
tion equipment and machinery at the site and incorporate in the
Work aD materials and equipment stored at the site orfor which
OWNER has paid CONTRACIOR but which an: stored
elsewhere. CONTRACTOR shall allow OWNER. OWNER's
represcnl3lives, agents and employees. OWNER's other con-
tractors and ENGINEER and ENGINEER.s Consultants ac-
c:ss to the site to enable OWNER to exercise the rights and
remedies under this paragraph. All claims. costs. losses and
damages incurred or sustained by OWNER in exercising such
rights and remedies Wll1 be charged :1gainst CONTRACTOR
and a Cban~ Order WIll be issued incorporating the n=:.ssary
revisions in the ContraCt Documents with respect to the Work;
and OWNER shall be entitled to an appropriate decrease in the
ContraCt Price. and. if the panies arc unable to agn:: as to the
amount thereof. OWNER may make a claim therefor as
provided in Article 11. Such claims. costs. losses and damages
w11l inciude but not be limited to all costs of repair or replac:-
ment of work of others destroyed or damaged by corrc:c:tion,
removal or replacement of CONTRACTOR's defecrive Work.
CON1'RACTQR shall not be allowed an extension of the
ContraCt Times (or Milestones) because of any delay in the
perionnanc:ofthe Workattn"butable to the exercise bv OwNER
of OWNER.s rights and remedies hereunder. .
ARTICLE I4-PAYMENl"S TO CONTRACTOR AND
COMPLErlON
S~ QjValuG:
14.1. The schedule of values established as provided in
paragraph 2.9 w11l serve as the basis for progress payments and
37
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wtll be incorporated into a form of Application for P:lyment
acceptable to ENGINEER. Progress payments on ac::ount of
-Unit Price Work. will be based on the number of units com-
pleted.
Appliauion for Pl'Ogras PtqlM1ll:
14.2. At least twenty days before the date established for
each progress payment (but Dot more often than once a
month). CONTRAcroRshaJJ submit to ENGINEER for
review an Application for Payment fiJled out and signed by
CONTRACTOR covering the Work completed as of me date
of the Application and accompanied by such supporting
documentation as is required by the Contr3Ct Documents. If
payment is requested on the basis of materials and equip-
ment not incorporated in the Work but delivered and suitably
stored at the site or at another location agreed to in writing.
the Application for Payment shall also be accompanied by a
bill of sale, invoice or other documentation warranting that
OWNER has received the materials and equipment free and
clear of all Liens anc;( evidence that the materials and
equipment are covered by appropriate property insur:mce
and other anangements to protcet OWNER' s inte:-est therein.
all of which will be satisfactory to OWNER. The amount of
retainage with respect to progress payments wtll be as
stipulated in the Agreement.
')
CONI'RAC7'OR's WClmlllt1 ofTlII6:
14.3. CONTRACTOR wanants and guarantc:s that tide co
all Work. nwcriaIs and equipment covered by any Application
for Paymenc. whether incorporated in the Proj= or noc. WIll
pass co OWNER no later than the time of payment free and
cJcarofallUens.
Review of Appul:/lzU"u for l'rogl d:i PapnnJ:
14.4. ENGINEER wm. within ten days ai\er rec:ipt of
each Application for Payment. either indica1e in writing a
recommendation of payment and present the Application to
OWNER. or return the App6catioQ to CONTRACTOR indi-
cating in writing ENGINEER.s reasons for refusing to recom-
mend payment. In the latter case. CONTRACTOR may make
the necessary con-ections and resubmit the App6cation. Ten
days after presenwion of the Application for Payment to
OWNER with ENGINEER's re--..ommendation. the amount
recommended will (subj= to the provisions of me last sen-
tence ofp:;..-agraph 14.7) become due and when due will be paid
by OWNER to CONTRACTOR.
,..~)
14..5. ENGINEER's recommendation of any payment reo
quested in an Application for Paymem will constitute a re~
sencuion by ENGINEER to OWNER. based on ENGINEER's
on-sitc observations of the executed Work as an e.'tperienced
and qu:Wfied design professional and on ENGINEER.s review
of the Application for Payment and the accompanying dam and
schedules. that CO the best ofENCiINEER.s knowledge. infor-
mation and belief:
.,,:
e
14.5.1. the Work has progressed [0 the point indiC1tcd.
l.t5.!. the quality of the Work is genCf2Jly in accor-
dance with the Contract Documents (subject to an c:vaJu-
alion of me Work as a functioning whole prior to or upon
Substantial Completion. to the results of any subsequent
tests QJled for in the Contract Documents. to a final
detennination of quantities and classifications for Unit
Price Work under paragraph 9.10. and to any other quali-
fications Slated in me recommendation), and
14.5.3. the conditions precedent to CON1'RACTOR.s
being entitled CO such payment appear to have been
fulfilled in so far as it is ENGINEER's responsibility to
observe the Worle.
However. by recommending any such payment ENGINEER
will not thereby be deemed to have represented that: (i)
exhaustive or continuous on-site inspections have been made
to check the quality or me quantity of the Work beyond the
responsibilities specifically assigned CO ENGINEER in the
Contrac:t Documents or (ii) that there may not be other matters
or issues between me panies that might entitle CONTRAC-
TOR to be paid additionally by OWNER or entide OWNER to
withhold payment to CONTRACTOR.
14.6. ENGINEER's recommendation of any payment. in-
cluding final payment. shall not mean that ENGINEER is
responsible forCONTRACTOR's means. methods, tec:haiques.
sequences or procedures of construction. or the safety precau-
,tions and programs incident thereto. or for any failure of
CONTRACTOR to comply with Laws and Regulations appli-
Clble CO the furnishing or perfonnance of Work. or for any
failure of CONTRACTOR to pe:f'onn or furnish Work in
accordance with the Contrac:t Documents.
14.7. ENGINEER may refuse to re=ommend the whole or
any part ohny payment if. in ENGINEER.s opinion. it would
be incorrect CO make me representations to OWNER referred
to in par.lg%3ph 14.5. ENGINEER may also refuse CO recom-
mend any such payment, or. beCluse ot subsequendy discov-
ered evidence or the results of subsequent inspections or tests.
nullify any such payment previously recommended. to. such
extent as may be necessary in ENGINEER.s opinion to
prOtect OWNER from loss becwse:
14.7.1. the Work is defective, or completed Work has
been damaged requiring corre~tion or replacement.
14.7.2. the Contract Price has been reduced by Writ-
ten Amendment or Change Order.
14.7.3. OWNER has been required CO correct dejec-
live Work or complete Work in accordance with paragraph
13.14. or
14.7.4. ENGINEER has actual knowledge of the oc-
currence of any of the eVents enumerated in pangraphs
1$.1.1 through 15.2.4 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER bCC:lUSC:
14.7.5. claims have been made against OWNER on
ac::ount of CONTRACI'ORs perfonnance or furnishing of
the Work.
38
'"
e
14.7.6. Liens have been filed in connection with the
· Work. except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to sc:urc the
satisfaction and discharge of such Liens.
14.7.7. there arc other items entitling OWNER to a
set-off against the amount recommended. or
J4.7.8. OWNER has actual knowledge of the occur-
rence of any of the events enumerated in pangraphs
14.7.1 through 14.7.3 or paragr.lphs IS.!.I through JS.2.4
inclusive;
but OWNER must give CONTRACI'OR immediate written
notice (with a copy to ENGINEER) stating the reasons for
such action and promptly pay CONTRACTOR the amount so
withheld. or any adjusunent thereto,agreed to by OWNER and
CONTRAC'IOR. when CONTRACTOR COrrectS to OWN-
ER's sa1isf.lco.ion the reasons for such action.
SubstmrziIU CQmp~rion: .
)
J4.8. When CONTRAC'IOR considers the entire Work
lady for its intended use CONTRACIOR shalJ notify OWNER
and ENGINEER in writing that the entire Work is substantially
. complete (except for items specificaIJy listed by CONnAC-
TOR as incomplete) and request that ENGINEER issue a
certificate of Substantial Completion. Within a reasonable time'
thc:Iafter. OWNER. CONTRACIOR and El'lGINEER sball
make an inspection of the Work to detennine the stalUS of
completion. If ENGINEER does not consider the Work sub-
stantially complete. ENGINEER wlll notify CONTRACTOR
in writing giving the r=sons therefor. lfENGINEER considers
the Work substantially complete. ENGINEER will prepare and
deliver to OWNER. a tentative cenific:atc oC Substantial Com-
pletion wbich shall fix the date of Substantial Completion.
There shall be attached to the certiiic::ue a tentative list ofitems
to be completed or corrceted before final paymenL OWNER
shall have seven days after receipt of the tentative certific::ue
during which to make written objection to ENGINEER as to
any provisions of tl\e certificate or anac:hed list. Jf. after
considering such objections, ENGINEER concludes that the
Work is not substantially complete. ENGINEER W111 within
founcen days after submission of the 'tentative c:enifiClle to
OWNER notify CONTRACTOR in writing, stating the r=sons
therefor. If. after consi~tion of OWNER's objections. EN-
GINEER considers the Work substantialJy complete. ~"'GI-
NEER will within said founcen days execute and dctiver to
OWNER and CONTRACTOR a definitive certiiicatc of Sub-
stantial Completion (wirh a revised tentative list of itemS to be
completed or corrected) reficcting such changes from the
r.cntalive c:ertiiic:ate as ENGINEER believes jlJStified after
considcr.Won of:zny objections froni OWNER. At the time of
delivery of the tentative cenific::1te of Substantial Completion
ENGINEER WIlt deliver to OWNER and CONTRACI'OR :l
written recommendation as to division of responsibmties pend-
ing final payment betWCCn OWNER and CONTRACTOR with
respea to security, operation. safety, maintenance. heaL utili-
ties. insurance and wammties and guarantees. Unless OWNER
and CONTRACI'OR qree otherwise ion writing and so imonn
)
, .....-
....
e
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificate of Substantial Completion. ENGINEER's
:uorcs:Ud recommendation W1ll be binding on OWNER and
CONTRACTOR unol final payment.
14.9. OWNER shall have the right to exclude CON'TRAC-
TOR from the Work after the d:lle of Substantial Completion.
but OWNER shaJJ allow CONTRACTOR re:ISOnable access to
complete or corr:c:t items on the tentative lisL
PaniDl Uti/irJlDDn:
J4.10. Use by OWNER at OWNER.s option of any sub-
stantially completed pan of the Work which: (i) has specifically
be:n identified in the COnu:lCl Documents. or (ii) OWNER.
ENGINEER and CONTRACTOR agree constitutes a sepa-
rately functioning and usable pan of the Work that can be used
by OWNER for its intended purpose without signiiiCUlt inter-
ference with CONTRACTOR.s pcnormanc:= of the remainder
of rhe Work. may be accomplished prior to Sub5l3ntial Com-
pletion of all the Work subject to the following:
J4.10.1. OWNER' at any time may request CON-
TRACIOR in writing to permit OWNER to use any such
pan of the Work which OWNER believes to be ready for
its intended use :lI1d substantially complete. If CON-
TRACTOR agrees that such pan of the Work is substan-
tially complete. CONTRAClOR will certify to OWNER.
and ENGINEER that such pan of the Work is substan-
tially complete and request ENGINEER to issue a c::nii-
icatc of Substantial CompJetion for that pan of the Work.
CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that COlll"TRACIOR considers
any such pan of the Work ready for its intended use and
substantially complete and request ENGINEER to issue a
certificate of Substlntial Completion for that part of the
Work. Within :l re:lSonable time after either such request.
OWNER. CONTRACTOR and ENGINEER shall make
an inspection of that part of the Work to determine its
st:ltUS of completion. If ENGINEER docs not consider
that part of the Work to. be substantially complete. ENGI-
NEER 'A'111 notify OYi"NER and CONTRACTOR in writ-
ing giving the reasons the~for. If ENGINEER considers
th31 part of the Work to be substantially complete. the
provisions of ~hs 14.8 and 14.9 wilt apply with
respect to certification of Substantial Completion of that
pan of the Work :lI1d the: division of rcsponsibiiity in
respect thereof and ac::ss thereto.
14.10.1.. No oc:upancy or separ.l.te opl::-:won of' part
of the Work will be ac::omplished prior to compliance with
the requirc:rients of p:uagr.lph S.IS in ~ect of propertY
insurance.
FiIuzllnsp<<1iDn:
/4.11. Upon written notic:: from CON1'RACI'QR that the
emin: Wort. or an agre:d portion thereof is complete. ENGI-
NEER will make a final inspection with OWNER and CON-
TRAcroR and wiJI notify CONTRACTOR in writing "C all
39
paniculars in which this inspe~ve:Us that the Work is
incomplete or defecli,,~. CO~R shall immediately
take such measures as are necessary to complete such Work or
remedy such deficiencid.
.
Final AppliuliDJI for Paymmz:
. ')
14.12. After CONTRACI'OR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered in
accordance with the Contract Documents all maintenance and
opcradng insuuc:tions, schedules. guarantees. Bonds. c:cnifi-
cu:es or other evidence ofinsuranc: required by par.1gr.lph SA.
certificates of inspection, marked-up record documents (as
provided in paragraph 6.19) and other documents. CONTRAC.
TOR may make application far final payment fallowing the
procedure far progress payments. The final Application far
Payment shall be accompanied (exc:..-pt as previously delivered)
by: (i) all documenration called far in the Contl3Ct Documents.
including but not limited to the evidence of insurance required
by subparagraph 5.4.13, (i) consent of the surety, if any. to final
payment, and (iii) complete and legally effective releases or
waivers (satisfactory to OWNER) of all Ucns arising out of or
filed in c9nncction with the Work. In lieu of such releaseS or
waivers of Uens and as approved by OWNER. CONTRAC-
lOR may furnish rec::ipts or releases in full and an affidavit of
CON"!RACTOR thaI: m the releases and receipts include all
labar, services, material and equipment for which a Uen could
be filed. and (0) all payrolls. mate:ial and equipment bills and
omerindebtedncsscanneaed wim me Work forwhich OWNER
or OWNER's property might in any way be responsible have
been paid or otherwise satisiied. If any Subconuactor or
Supplier fails to furnish such a release or receipt in fuD.
CONTRACTOR may furnish a Band or other c:oDarcral satis-
f.Ictory to OWNER to indemnify OwNER against any Uen.
Fintzl PttymDU aruJ. AecqtGlIU:
. .
)
....-.
14.13. If, on the basis of ENGINEER's observation of the
Work during COnstrUction and final inspectiOn. and ENGI-
NEER's review of me final Application for Payment and
accompanying documentation as required by the ConU':1Ct
Documents, ENGINEER is satisfied that the Work has been
completed and CON'I'RACTOR's omer obligations under the
Contract Documents bave been fulfilled. ENGINEER will.
within ten days after. rcc:ipt of the final Applic::uion for
Payment. indicw: in writing ENGINEER's recommendation
of payment alJd present the Appiicujon to OWNER for pay-
menL At the same time ENGINEER Will also Jive wriaen
notice to OWNER, and CONIRACTOR that me Work is
acceptable subject to the provisions of paragraph 14.15. Oth-
erwise. ENGINEER WIll return the AppliCltion to CON-
TRACTOR, indic:aring in writing the rc:ISons far refusing' to
recommend final payment. in which case CONTRACTOR shall
make the n-'"1$;lry c:orrcc:tions and resubmit the ApplicWon.
Thirty days after the presentation to OWNER of the AppliCl-
tion and accompanying doc:umcntuion, in appropriate farm
aad substance and with ENGINEER's recommendation and
notic:: of acceptability. the amount recommended by ENGI-
NEER Will become due and Wl11 be paid by OWNER to
CONTRACrO~
14.14. If. through no f:wlt of CONTR.-\CTOR. final com-
pletion of the Work is signifiantly delayed :md if ENGINEER
so confirms. OWNER shall. upon receipt ofCONTR.-\CI'OR's
final AppliCltion for Payment and recommendation of ENGI-
NEER. and without terminating the Agr=mc:nt. m:1ke pay_
ment of the balance due far that portion of the Work tUlly
complctcdand acce;ned.lfthe remaining balnnce to be held by
OWNER far Work not fully completed or' COlTCCted is less than
me rctainagc stipulated in me Agreement. and if' Bands have
be:n furnished as required in par.lgraph S.I. the written c:on-
sent of the surety to the payment of the balance due far that
portion of the Work fully completed and accepted shall be
submitted by CONTRACtOR to ENGINEER with me Appli-
cation for such paymenL Such payment shall be made under
the terms and conditions governing final payment. e:tcept that
it shall not constiWte a waiver of claims.
WGiI'D' 01 Clainu:o
14.15. The making and acc:eptlnce of final pa~'ment will
constitute:
14.15.1. a waiver of all claims by OWNER against
CONTRACTOR. ex-cept claims arising from unsettled Wens.
from d~f~cli"e Work appearing mer final inspection pursu-
ant to paragraph 14.11. from failure to comply \vim the
Contract Documents or me terms of any special JWlt'llI1tees
specified therein. or from CONTRACTOR's continuing ob-
ligations under the ConU':1Ct Documents: and
14.15.2. a waiverofaJl claims by CONTRACTOR against
OWNER omer than those previously made in writing and
sul1 unsettled.
ARTICLE I5-SUSPENSION OF WORK AND
TERMINATION
OWNER MiZ1 Suspmd Work:
15.1. At any time and without Cluse. OWNER may sus-
pend the Work or any ponion thereof for II period of not more
_ ninety days by nouce in writing to CONTRACTOR and
ENGINEER which will fix the date on which Work wil1 be
resumed. CONTRACTOR shall resume the Work on the date
so lixed. CONTRACl'OR shall be allowed an adjustment in me
Contr.lCt Price or:ln extension of the Contract Times. or both.
dirccdy aunbuClble to any such suspension if CONTRACTOR
maltes an approved claim therefor as provided in Articles 11
and 12.
OWNER ,"IiZ1 Tel'7tli1uzu:
IS.:!. Upon the occurrence of :lny one or mare of the
following events:
40
It
15.2.1. if CONTRACTOR persistently fails to peri'orm
. the Work. in ac:cordana: wilh the Contr:1Ct Documents (in-
ciuding. but not limited to. fallure to supply sufficient slalled
workers or suitable nwerials or equipment or C;ulure to
adhere to the progress schedule est:1blishcd under p:uagr:lPh
2.9 as adjusted from lime to time pursu:mt to paragr.1ph 6.61:
IS.2.2. if CONTRACIOR disregnrds uws or Regula-
tions of any public body having jurisdiction:
15.2.2. . if CONTRACI'OR disregards the authority of
ENGINEER; or
IS.2.4. ifCONnACIOR otherwise violates in:any sub-
szantial way any provisions of the Contr.lCt DocUments;
)
OWNER may, after giving CONTRACIOR (and the surety.
if any,) seven days. written notic: and to the extent permit-
ted by Laws and Regulations. terminate. the services of
CON1'RAcroR. exclude CONTRACIOR from the site and
take possession of the Work. and of all CONTRACTOR.s
tools. appliances. construction equipment and machinery at
the site and use the same to the Cull extent they could be used
by CONTRAcroR (without liabiiity to CONTRACTOR for
trespass or conversion). incorporate in the Work :IJlaweri-
aJs and equipment stored at the site or for which OWNER
has paid CONTRAC'IOR but which are stored elsewhere.
and finish the Work as OWNER may deem e;pedienL In
such case CONTRACTOR shall not be entitled to n:a:ive
any further payment unu' the Work is finished.. If the unpaid
balana: of the Contract Pria: exceeds all claims. costs.
losses and damaga sustained by OWNER. arising out of or
resulting from completing the Work such excess wall be paid
to CONTRAcroR. If such claims. costs. losses and dam-
ages exc::d such unpaid baJanc:. CONTRACI'OR shall pay
the diiferena: to OWNER. Such claims. costs. losses and
damages inculTed by OWNER will be reviewed ~y ENGI-
NEER as to their n::1Sonableness and when so approved by
ENGINEER incorporated in :l Change Orde:-. provided that
when exercising any rights or remedies under this p~ph
OWNER shall not be required to obtain the I.owest pric: for
the Work performed.
IS.3. Where CONTRACI'OR's services h:lve bc:n so ter-
minated by OWNER. the termination win not :U'f'ect any rights
or rcnedies of OWNER apinst CONTRACTOR then existing
or which may thereafter accn&e. Any retention or payment of
moneys due CONTRACI'OR by OWNER will not rele:l.Se
CONT'RAC'I'OR from liability. '
JS.4. Upon seven days' wrinen notice to CONTRAcroR
and ENGINEER. OWNER may. wilhout c::wse :and without
prejudic: to any orner right or ~medy of OWNER. elect to
terminar.e the Agr=ment. In such Qse. CONTRACI'OR stmll
be paid (without dupliCUion of any it~):
..:=)
IS.4.J. for comple:ed and ac:..-pClble Work exe::Dted in
accardanc: with the Contr.1Ct Documents prior to the effec-
tive date of te:mination. including fair:utd n::1SOnable sums
for overiu:::u:l and profit on such Work:
e
JSA.l. Cor e.'tpenses sustl.ined prior to the effc:aive c1ate
of tennin:1tion in performing servic:s and furnishing labor.
materi:1ls ur equipment as required by the Contract Oacu-
ments in connection with uncompleted Work. plus fair and
re:1Son:1ble sums for overhead and profit on such expenses;
15.4.3. for all claims. costs. losses and damages incurred
in sealenient of tenninated contr:l.cts with Subconaaaars.
Suppliers and others: and
IS.4.4. for reasonable expenses directly attributable to
tennination.
CONTRACl'OR shall not be paid on account of loss of
:anticipated profits or revenue or other economic loss arising
out of or resulting from such termination.
CONTRACTOR ,',1111 Stop Won: or Termiruzt.t!:
15.5. . If. through no act or fault of CONTRACIOR. the
Work is suspended for a period of more than ninety daYs by
OWNER or under an order of court or other public author-
ity. or ENGINEER fails to act on any Application for
P:1yment within thirty days after it is submitted or OWNER
fails for thirty days to pay CONTR.~croR any sum finally
determined to be due. then CONTRACIOR may. upon
seven days' written notic: to OWNER and ENGINEER.
and provided OWNER or ENOlNEER do not remedy such
suspension or failure within that time, termirwc the Agre:-
ment and recover from OWNER payment on the same tenDS
as provided in paragraph IS.4. In lieu of tcrminaling th:
Agreement and without prejudice to any other right or
remedy. if ENGINEER has falled to act on an Application
for PaYment wirnin thirty days after it is submitted. or
OWNER has failed for thirty days to pay CON1'RACTOR
any sum finally determined to be due. CONTRACTOR may
upon seven day's written notic: to OWNER and ENGI-
NEER stop the Work unul payment of all such amounts due
CONTR.~CTOR. including interest thereon_ The provisions
of this paragr;lph 15.5 arc not intended to precfude CON-
TRAcroR Crom making claim under Articles II and 12 for
an incre:1Se in Contr:1ct Pric: or Contract Times or otherwise
for expenses or damage directly attributable to CONTRAC.
TOR.s stopping Work as permitted by this par:lgraph.
ARTICLE 16-DISPUTE RESOLUTION
If:utd to the ::ttent that OWNER and CONTRACTOR have
agreed on the method and proc..-dure for resolving disputeS
betwe:.'l them that may arise under this Agre:menL such
dispute resolution method and proc:dure. ifany. shall be:as set
forth in E:Uu"bit QC-A. '.Dispute Resolution Agre:mc:nL" to be
lUtachc:d hereto :and made :L part hereof. If no such agre:mc:nc
on the method :and procedure for resolving such disputes has
been rcc:hed. :and subject to the provisions of ~hs 9.10.
9.11. :lnd 9.11. OWN~ and CONTRACTOR may exc::cisc
41
e
such rights or remedies as either may otherwise have under the
Contr:1l:t .ments or by Laws or Regula1ions in respeet of
.;ny dispu
ARTlCLEI7--~SCELL~NEOUS
Giving NotiI:e:
17.1. Whenever any provision of the Contract Ooc:uments
requires the giving of written notice, it wtll be de:med to have
be:n validly given if delivered in person to the individual or to
a member of the finn or to an officer of the corporaIion for
whom it is intended. or if delivered at or sent by registered or
certified mat1. postage p~d. to the last business address
known to the giver of the notice.
CQmpUltltilm afTunu:.
17.2.1. When any period of time is rderred to in the
Contract Dceumcnts by days. it wiD be computed to exclude
. the first and include tlie last day of such period. If the last day
of any such period faIls on a Saturday or Sunday or on a day
made a legal holiday by the law of the applicable jurisdiction.
such day wt1t be omitted from the computation.
17.2.2. A c:a1endar day of twenty-four hours mC3Sured
from midnight to the next midnight wt1t constitute a day.
)
Notia Qf C1Dim.:
17.3. Should OWNER. or CONTRACIOR suffer injury or
damage to person or property bc:cwse of any error. omission or
act of the other pany or of any of the other pan
or .nts or others for whose acts the other p
liable. cJaim W11t be made in writing to the other ;
reasonable time of the first observance of Sll
damage. The provisions of this patagr.1ph 17.3
consaued as a substitute for or a waiver of the ~
any appIiC3ble statUte of funitations or repose.
CmnuiIlZivf: R~
17.4. The duti~ and obligations imposed by the=.
Conditions and the rights and remedies available he:-
the parties hereto, and. in particular but without limil
warranties. guarantees and obligations imposed up..
TRACIOR by paragraphs 6.12.. 6.16. 6.30. 6..31.6_
13.12. 13.14, 14.3 and 15.2 and all of the rights and r
available to OWNER and ENGINEER thcreunde:-.
addition to. and are not to be construed in any w:
limitation of. any rights and rc:nedies aV311able to any (
them which arc otherwise imposed or aV311able by L
Regulations. by special warranty or guarantee or by
provisions of the Contr.l;Ct Documents. and the Provisi,
this paragraph will be as effective as if repeated specific:.
the COntr'al:t Documents in connection with each part:.
duty, obligation. right and remedy to which they apply.
ProfasiDtud. F<<$ azul Court Ca= IncIwle.d.:
17.5. Whenever refc:renc: is made 10 "claims. costs.lo~
and ~.. it shall include in each case. but not be limit
to. ail fc:s and charges of engineers. architects, aaomeys a:
other professionals and all court or arbitration or othe:- disptl
resolution coSts.
[The re:nainde:- or this page was left blank intentionally.]
)
-
42
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SUPPLEMENTARY CONDmONS OF THE AGREE:MENT
SC-l PRECEDENCE: These supplementary conditions of the Agreement are a supplement and
where in conflict, they take precedence over the General Conditions of the Agreement of this
Specification.
SC-2 OWNERlENGINEER: The word "OWNER" in these Specifications shall be understood as '
referring to the City of La Porte, Texas. The word "ENGINEER" in these Specifications shall be
understood as referring to the City Engineer for the City of La Porte, Texas.
SC-3 SCOPE OF WORK: The work to be performed under this contract consists of furnishing
all materials, labor; supervision, tools, and equipment necessary to complete the work.
SC-4 SEQUENCE OF WORK: All work covered by this Contract shall be completed within the
number of calendar days designated by the Contractor in the Bid Proposal.
SC-S TIME OF COMPLETION: The CONTRACTOR shall complete the'work as provided in
the Contract Documents and within the time limitations described in paragraph SC-4, Sequence of
Work, unless otherwise stipulated to proceed. Calendar days shall be computed beginning and
inclusive of the first day of the Notice to Proceed. CONTRACTORS shall notify OWNER in
writing 48 hours prior to start of construction. The time of completion shall include delivery time
of all equipment and materials required to complete the work in conformance with the Drawings
and Specifications.
SC-6 UQUIDA lED DAMAGES FOR DELAY: It is understood and agreed between the parties
hereto that time is, of the essence of this Contract, and that for each calendar day of delay beyond
the completion date (after due allowance for such extension of time as provided herein) the
CONTRACTOR shall pay the OWNER as liquidated damages the sum of one hundred dollars
($100.00), it being understood between the parties hereto that such sum shall be treated not as a
penalty, but as liquidated damages for loss of revenue to the OWNER.
SC-7 GUARANTEE: The CONTRACTOR shall furnish the OWNER with a written guarantee
on all workmanship and materials provided by him for the project. The written guarantee shall be
made out to the OWNER and in a form satisfactory to the OWNER, guaranteeing all of the work
under the Contract to be free from faulty materials in every particular, and free from faulty
workmanship, and against injury from proper and usual wear; and agreeing to replace or to
reexecute without cost to the OWNER such work as may be found to be imperfect or improper,
and to make good ~l damage caused to other required replacement or reexecution. The guarantee
shall be made to cOver a period of one year from the date of completion of all work under this
Contract. This guarantee must be furnished to the OWNER for approval, prior to acceptance and
final payment. Neither the final cenificate nor payment nor any provision in the Contract
Documents shall relieve the CONTRACTOR of the responsibility for neglect or faulty materials or
workII1anship during the period covered by the guarantee.
Supplementary Conditions 1 of 10
It
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SC-8 MATERIAI~" AND WORKMANSHIP: No material which has been used by the
CONTRACfOR for any temporary purpose whatever is to be incorporated in the permanent
structure without written consent by the OWNER.
SC-9 SANITARY F ACll.XI'IES: The CONTRACfOR shall maintain sanitary facilities at a
location satisfactory to the OWNER, for use by the employees of the CONTRACfORS. They
shall be well ventilated, but provide proper concealment, and shall be kept scrupulously clean at all
times by the CONTRACfOR. The facilities shall be removed and the site restored to its original
condition upon the completion of the work. All such facilities shall conform to the requirements of
the state and local health authorities, ordinance and law.
SC-IO INCONVENIENCES TO THE PUBUC: It is declared and acknowledged intent of these
specifications that all work such as backfIlling of excavations, removing forms, repairs to roads and
drives, and clean-up or other such operations shall follow as closely as practical to the laying or
installing operations, in such a manner that the public is not unnecessarily inconvenienced nor a
hazard to public safety created. Any specific limitation in the technical specifications referring to
the control of the "follow-up" operations, such as the minimum distance of unfIlled trench allowed
behind the excavating operations, shall be strictly enforced. The OWNER or OWNER'S
representative will notify the CONTRACfOR if his forces and/or equipment are insufficient to
such a degree that the public is unnecessarily inconvenienced and/or a hazard to the public safety is
created. The CONTRACfOR, upon notification by the OWNER or OWNER'S representative
shall make necessary changes to his forces and/or equipment.
SC-ll PERMITS: Permits and licenses of a temporary nature necessary for the prosecution of the
work shall be secured and paid for by the CONTRACfOR. Easement, right-of-way and
instruments of a permanent nature shall be secured and paid for by the OWNER. CONTRACfOR
shall obtain all required permits from the City of La Porte and any other affected agency.
SC-12 CLEAN-UP: The CONTRACI'OR shall at all times keep the site and structures or
facilities thereon free from accumulations of waste material, debris or rubbish caused by his
employees or work; at the completion of the work he shall remove from the site all his tools,
surplus materials, debris, and shall leave the site and his work "broom clean" or the equivalent,
unless otherwise noted on the drawings or specified by the OWNER. .
SC-13 OPERATIONS AND BUSINESS OF THE OWNER: It is of great importance that the
OWNER'S operations meet with a minimum of interference resulting from the work requiring by
these Contract Documents. The CONTRACI'OR shall, therefore, conduct his work in such a
manner as to permit these continued operations and so as not to interfere with the business of the
OWNER. The CONTRACI'OR shall use the route of entry designated by the ENGINEER at the
pre-construction meeting and restrict all his vehicle and personnel to this route and'to the site. The
blocking or hindering of traffic will not be permitted.
SC-14 SEPARATE CONTRACTS: The OWNER reserves the right to let other contracts in
connection with this work. The CONTRACfOR shall afford other contractors reasonable
opportunity for the introduction and storage of their materials and the execution of their work and
Supplementary Conditions 2 of 10
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where required, shall properly connect and coordinate his work with theirs.
SC-lS RIGHTS OF VARIOUS INTERESTS: Wherever work being done by the OWNER'S
forces or by other contractors contiguous to work covered by this contractor, the respective rights
or the various interests involved shall be established by the OWNER or his resident inspector, to
secure the completion of the various portions of the work in general harmony. CONTRACTOR
shall issue work schedules in conflicting areas as requested by the OWNER or his resident
inspector.
SC-16 STORAGE OF MATERIAL" AND EQUIPMENT: Any material which has
deteriorated, become damaged or otherwise unfit for use, shall not be used in the work. Any
material or equipment must be stored at a location directed by the ENGINEER at the pre-
construction meeting. Upon completion of all work, or when directed by the OWNER, the
CONTRACTOR shall remove such storage facilities or equipment form the site.
SC~17 PUBLIC UTll.JTY OBSTRUCTIONS: Pipe lines and other existing underground
structures in the vicinity of the work are shown on the drawings according to the best information
available to the OWNER. The OWNER does not guarantee the accuracy of this information. The
CONTRACTOR shall make every effort to locate all underground utilities by prospecting in
advance of trench excavation. The cost of repair of existing utilities damaged by the
CONTRACfOR shall be borne by the CONTRACfOR, and shall be scheduled so as to cause the
least possible inconvenience to the public.
Any delay or extra cost to the CONTRACTOR caused by pipe lines or other underground
structures or obstructions not _shown on the plans or found in different locations than those
indicated, shall not constitute a claim for extra work, additional payments, or damages.
SC-18 SUBLE1TING THE WORK: The CONTRACTOR shall perform with his own
organization and with the assistance of workmen under his immediate supervision, work not less
than fifty percent (50 %) of the value of all work embraced in the Contract exclusive of items not
commonly found in contracts for similar work or which requires highly specialized knowledge,
craftsmanship and/or equipment not ordinarily available in the organizations of the contractor's
performing work of the character embraced in the Contract. No portion of the work covered by
these specifications and materials, shall be sublet without written permission from the OWNER. If
the CONTRACfOR sublets any part of the work to be done under this Contract, he will not under
any circumstances be relieved of his responsibility and obligations. All transactions of the OWNER
will be with the CONTRAcrOR. SUbcontractors will be considered only in the capacity of
employees and/or workmen and shall be subject to the same requirements as to character,
competency, wages and hours. The OWNER will not recognize any subcontractor on the work.
The CONTRACTOR shall at all times, when the work is in
operation, be represented either in person or by a qualified superintendent or other designated
representative. A complete list of subcontractors must be submitted within ten (10) days after start-
up.
SC-19 PROTECTION. OF EXISTING FAcn JTIES: The CONTRACTOR shall use
Supplementary Conditions 3 of 10
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construction equipment, labor, or techniques to insure that existing facilities such as but not limited
to, existing utilities are not damaged. A careful pre-construction inspection of existing facilities
will be made with the OWNER and the CONTRACfOR.
SC-20 PROTECTION OF TREES AND SHRUBS: Any trees, shrubs, plants, or ornamental
growth within the right-of-way, not directly interfering with the construction of the road bed,
sidewalks, driveways or sewer shall be protected from damage by the CONTRACfOR. Any tree,
shrub, plant or ornamental growth that interferes with the construction of the roadway, sewers,
sidewalks or driveways shall be relocated to a location satisfactory to the adjoining property owner
outside of the street right-of-way. Large trees not conducive to moving shall be removed and
disposed.
SC-21 PROJECT SCHEDULING: CONTRACfOR shall coordinate all work with OWNER.
SC-22 WATER FOR CONSTRUCTION AND TESTING: CONTRACfOR may obtain water
for construction and testing from the City of La Porte at his cost. A construction meter will be
provided at no cost to the CONTRACfOR for the duration of construction.
SC-23 OPERATION OF EXISTING FACll.JTIES: The City of La Porte shall operate all
existing facilities (Le., lift stations, valves, fire hydrants) during construction.
SC-24 DELETION OF ARTICLES IN GENERAL CONDmONS: Articles of the General
Conditions covering OWNER'S liability insurance, Sections 5.5 through 5.10, are hereby deleted
are not part of this Contract and is not required by the OWNER.
SC..25 REOUIRED CONTRACTOR INSURANCE: CONTRACfOR shall obtain insurance as
detailed. Each policy obtained by the CONTRACfOR for work with this contract, with exception
of the Worker's Compensation policy, shall name the OWNER and the ENGINEER as an
additional insured.' The coverage and amounts designated are minimum requirements and do not
establish limits of the contractor's liability. Additional coverage may be provided at the
CONTRACfOR'S option and expense. Insurance must include:
General Liability:
Commercial General Liability
General Aggregate
Personal Injury
Each Occurrence
$1,000,000.00
$1,000,000.00
$1,000,000.00
Automobile Liability:
Combined Single Limit
$1,000,000.00
Excess Liability:
Umbrella
Each Occurrence
Each Aggregate
$1,000,000.00
$1,000,000.00
Supplementary Conditions 4 of 10
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Worker's Compensation:
A. DefInitions:
CertifIcate of coverage ("certi~cate"). A copy of a certifIcate of insurance, a certifIcate of
authority to self-insure issued by the commission, or a coverage agreement (1WCC-81,
TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance
coverage for the person's or entity's employees providing services on a project, for the
duration of the project.
Duration of the project - includes the time from the beginning of the work on the project
until the contractor's work on the project has been completed and accepted by the OWNER.
Persons providing services on the project - includes all persons or entities performing all or
part of the services the contractor has undertaken to perform on the project, regardless of
whether that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees
of any such entity, or employees of any entity which furnishes persons to provide services
on the project. "Services" include, without limitation, providing,
hauling, or delivering equipment or materials, or providing labor, transportation, or other
services related to the' project. "Services" does not include activities unrelated to the
project, such as foodJbeverage vendors, office supply deliveries, and delivery of portable
toilets.
B. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and tiling of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor
providing services on the project, for the duration of the project.
C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to
being awarded the contract.
D. If the coverage period shown on the contractor's current certifIcate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, fIle a new certifIcate of coverage with the OWNER showing that coverage has been
extended.
E. The CONTRACTOR shall obtain from each person providing services on the project,
and provide the OWNER:
(1) a certificate of coverage, prior to that person beginning work on the project, so
the. OWNER will have on tile certificates of coverage showing coverage for all
persons providing services on the project; and
Supplementary Conditions 5 of 10
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(2) . no later than seven (7) days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of Coverage ends during the duration of the project.
F. The CONTRACfOR shall retain all required certificates of coverage for the duration of
the Project and for one (1) year thereafter.
G. The CONTRACfOR shall notify the OWNER in writing by certified mail or personal
delivery, within ten (10) days after the contractor knew or should have known, of any
change that materially affects the provisions of coverage of any persons providing services
on the project.
H. The CONTRACfOR shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission, informing all
persons providing services on the Project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage.
I. The CONTRACfOR shall contractually require each person with whom it contracts to
provide services on the Project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll
amount and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the Project, for the duration of the Project;
(2) provide to the CONTRACfOR, prior to that person beginning work on the
Project, a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the Project, for the duration of the
Project;
(3) provide the CONTRACfOR, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period shown
on the current certificate ends during the duration of the Project;
(4) obtain from each other person with whom it contracts, and provide the
CONTRACfOR:
(a) a certifiCate of coverage, prior to the other person beginning work on the
project; and
(b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate ends during the duration of the Project.
Supplementary Conditions 6 of 10
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(5) retain all required certificates of coverage on me for the duration of the Project
and for one (1) year thereafter;
(6) notify the OWNER in writing by certified mail or personal delivery, within ten
(10) days after the person knew or should have known, of any change that
materially affects the provisions of coverage of any person providing services on the
Project; and
(7) contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing service.
J. By sigmng this contract, the CONTRACTOR is representing to the OWNER that all
employees of the CONTRACTOR who will provide services on the Project will be covered
by workers' compensation coverage for the duration of the Project, that the coverage will
be based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the case of a
self-insured, with the Commission's Division of Self-Insurance Regulations. Providing
false or misleading information may subject the CONTRACTOR to administrative
penalties, criminal penalties, or other civil action.
K. The CONTRACTOR'S failure to comply with any of these provisions is a breach of
contract by the CONTRACTOR which entitles the OWNER to declare the Contract void if
the CONTRACTOR does not remedy the breach within ten (10) days after receipt of notice
of breach from the City.
The CONTRACfOR shall be responsible for insurance to cover equipment, tools, materials,
supplies, etc. used in the performance of work, owned or rented, the capital value of which is not
included in the cost of this Contract.
Insurance policies are to be written by companies authorized to do business under the laws of the
State of Texas and on forms approved by the Insurance Commission of the State of Texas. The
CONTRACTOR shall provide the OWNER a copy of all insurance policies.
All of the insurance required to be carried by the CONTRACTOR shall be by policies which shall
require on their face, or by endorsement, ten (10) days written notice to the OWNER before they
may be cancelled: and within which ten day period the CONTRACTOR covenants that it will
provide other suitable policies in lieu of those about to be cancelled so as to maintain in effect the
coverage required under the provisions hereof. Failure or refusal of the CONTRACTOR to obtain
and keep in force the above required insurance coverage shall authorize the OWNER, at its option,
to terminate this cOntract at once.
The CONTRACTOR shall indemnify and save harmless the OWNER, its officers, employees, and
agents from all claims and liability due to the activities of itself, its agents, or employees performed
Supplementary Conditions 7 of 10
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under this contract and which result from an error, omISSIon, or negligent act of the
CONTRACTOR or of any person employed by the CONTRACTOR. The CONTRACTOR shall
indemnify and save harmless the OWNER from any and all expenses, including attorney fees,
which might be incurred by the OWNER in litigation or otherwise resisting said claims or liabilities
which might be imposed on the OWNER as a result of such activities by the CONTRACTOR, his
agents, or employees.
SC-26 QUALIFICATIONS FOR SURETIES ISSUING BONDS: As required by City of La
Porte Ordinance No. 1m, approved July 22, 1991, corporate sureties issuing payment and
performance bonds payable to the City of La Porte on public works projects shall meet all of the
following criteria:
a. The surety company must be authorized to do business in the State of Texas, which
authorization must be recorded in the fIles of the Texas State Board of Insurance;
b. The surety company must be an approved surety company listed in the current United States
Department of Treasury list of approved corporate sureties for payment and performance
bonds for federal jobs, including specifically the rules to underwriting limitation;
c. The surety company must be authorized to issue payment and performance bonds in the
amount required for the Contract, which authorization must be recorded in the fIles of
the Texas State Board of Insurance;
d. The person executing the Payment and Performance Bonds must be a licensed Texas local
recording agent and such licensing must be recorded in the files of the Texas State Board of
Insurance; and
e. The person ,executing the Payment and Performance Bonds must be authorized by the surety
company to execute performance and payment bonds on behalf of the company in the
amount required for the Contract and such authorization must be recorded in the files of the
State Board of Ins~.
f. Failure to meet the criteria for acceptability of surety company issuing Payment and
Performance Bonds will result in the disqualification of the bid.
g. The Payment and Performance Bonds shall remain in effect at least one year beyond final
acceptance of work under the Contract by the Owner.
SC-27 RETAlNAGE: If the tOtal Contract price is greater than $400,000.00, five percent (5%) of
the total contract pryce will be retained until final payment as described below. If the total Contract
price is less than $400,000.00, ten percent (10%) of the total contract price will be retained until
final payment as described below. On or before the tenth (10th) day of the month, the
CONTRACTOR shall prepare and submit to the ENGINEER for approval or modification a
statement showing as completely as practicable the total value of the work done by the
CONTRACTOR up to and including the last day of the preceding month; said statement shall also
include the value of all sound materials delivered on the site of the work that are to be fabricated
Supplementary Conditions 8 of 10
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into the work.
For total Contract prices (Base Bid) greater than $400,000.00, the OWNER shall then pay the
CONTRACTOR on or before the fIfteenth (15th) day of the following month of the following
month the amount of the approved statement, less fIve percent (5 %) of the amount thereof, which
shall be retained until fmal payment, and further less all previous payments and all further sums that
be retained by the OWNER under the terms of the Agreement.
For total Contract prices (Base Bid) less than $400,000.00, the OWNER shall then pay the
CONTRACTOR on or before the fifteenth (15th) day of the following month of the following
month the amount of the approved statement, less ten percent (10%) of the amount thereof, which
shall be retained until fInal payment, and further less all previous payments and all further sums that
be retained by the OWNER under the terms of the Agreement.
It is understood, however, that in case the whole work be near to completion and some unexpected
and unusual delay occurs due to no fault of the CONTRACTOR, the OWNER may, upon written
recommendation of the ENOINEER, pay a reasonable and equitable portion of the retained
percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER'S option, may be
relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shall
receive payment of the balance due him under the Contract subject to
those conditions under the General Conditions, Article 14, Payments to CONTRACTOR and
completion.
SC-28 PREY All.JNG WAGES: The CONTRACTOR and his subcontractors shall expressly
comply with Article 5159A, Revised Civil Statutes of Texas, 1925, commonly known as, "The
Prevailing Wage Act" including the latest provisions. Not less than the minimum prevailing wage
for the Harris County area as attached at the end of these supplementary conditions shall be paid for
labor which is employed by the CONTRACTOR and his subcontractors for execution of this
contract. The CONTRACTOR and his subcontractors shall keep accurate records of the names,
wage classifIcations, and hourly wages paid to each worker employed on this project. These
records shall be open to inspection by the OWNER.
(ataach
prevailing
wage
rates
here)
\
Supplementary Conditions 9 of 10
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SC-29 CONTRACT INTERPRETATION AND WORK ACCEPTABll.JTY: The Engineer
will be the fInal interpreter of the requirements of the contract documents and sole judge of the
acceptability of work thereunder.
SC-30 DISPUTE RESOLUTION The parties will attempt in good faith to resolve any
controversy or claim (other than matters described in the immediately preceding paragraph) arising
out of or relating to this agreement promptly by negotiation between senior executives of the parties
who have authority to settle the controversy.
The disputing party shall give the other party written notice of the dispute. Within ten days after
receipt of said notice, the receiving party shall submit to the other a written response. The notice
and response shall include (a) a statement of each party's position and a summary of the evidence
and arguments supporting its position, and (b) the name and title of the executive who will
represent that party. The executive shall meet at a mutually acceptable time and place within
twenty days of the date of the disputing party's notice and thereafter as often as they reasonably
deem necessary to exchange relevant information and to attempt to resolve the dispute.
If the controversy or claim has not been resolved within thirty days of the meeting of the senior
executives, the parties shall endeavor to settle the dispute by mediation under the Construction
Industry Mediation Rules of the American Arbitration Association.
If the matter has not been resolved pursuant to the aforesaid mediation procedUre within ninety days
of the commencement of such procedure, (which period may be extended by mutual agreement), or
if either party will not participate in such procedure, the controversy shall be settled by arbitration
in accordance with "American Arbitration Association Construction Industry Arbitration Rules" by
a sole arbitrator. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C
& 1-16, and judgement upon the award rendered by the Arbitrator may be entered by any court
having jurisdiction thereof. The place of arbitration shall be Harris County. The arbitrator is not
empowered to award damages in excess of actual damages, including punitive damages.
Supplementary Conditions 10 of 10
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Table of Contents
Technical Specifications
Site Preparation: Clearing and Grubbing. . . . . . . . . . . . . . . . . . . . . . . . . . . GTS
Lime Stabilization .......................................... RTS
Portland CeDleDt Concrete Paving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 02520
Potable. Water System. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 02666
Storm. Sewage System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 02720
Sanitary Sewer System
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 02730
Concrete Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 03310
Unit MasoDrY' ............................................ 04-200
SUI1ct'uraI Steel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OSUO
B11ilding IDsuIatiOD . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . 07210
M8Ilufactured Roof Panels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07410
Flashing and Sheet Metal
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07600
Steel Doors and. Frames
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 08110
Painting . . . . . . . . . . . . . . . . .
............................ .09900
Toilet and Bath Accessories
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 10800
Toilet Compartments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.10155
General Provisions, Mechanical and Plumbing Work . . . . . . . . . . . . . . . . . . . 15010
Plumbing . . . .;. . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15400
General ProvisiollS, Electrical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16010
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SECTION I
GENERAL TECHNICAL SPECIFICATION
GTS-l
CLEARING AND GRUBBING
1.00 GENERAL
The area to be cleared is shown on the plans and shall be
cleared as shown unless otherwise directed by the Engineer. It is
the intent to limit clearing in so far as possible.
1.01
DESCRIPTION OF WORK
. Clearing and grubbing shall consist. of clearing the
surface of the ground of the designated areas of all trees,
stumps, down,timber, logs, snags, brush, undergrowth, hedges,or
heavy growth of material which in the opinion of the Engineer is
unsuitable for the foundation of the proposed project or other
required structures. Included is the grubbing of stumps, roots,
matted roots; foundations, and other undesirable material.
1.02
CONSTRUCTION METHODS
All spoil materials removed by clearing or by clearing
and grubbing shall be disposed of by burning or by removal to
approv~d disposal areas.
In no case shall any discarded materials be left in
windrows or piles adjacent to or within the project limits. The
manner and location of disposal or materials shall be subject to
the approval of the Engineer and shall be such as will not create
an unsightly or objectionable view.
No material shall be spoiled around existing trees except
as approved by the ENGINEER.
The removal or relocation of' existing structures and
utilities required to permit the orderly prosecution of the work
will be accomplished by local agencies unless otherwise shown on
the plans. Whenever a telephone or telegraph pole, pipeline,
conduit, sewer, road~y, or other utility is encountered and must
be removed or relocated to permit the completion of the project,
the Contractor will so advise the Engineer who will notify the
proper authority or' owner and attempt to secure prompt! action.
The Contractor shall; at his own expense, satisfactorily repair
all damage to such facilities or structures which may result from
any of his operations or from negligence during the period of the
Contract. The Contractor shall also maintain Special Hazard
insurance to cover damage claims as a result of construction
damage to the utility.
G':rS 1-1
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Trees and stumps on areas required for embankment shall
be removed to a depth of at least 1 foot below existing ground
surface.
All small holes or other small depressions remaining
after grubbing shall be ~ackfilled with suitable material and
compacted to the density required in grading specifications.
The cleared and grubbed area shall, where necessary, be
bladed to provide drainage and prevent ponding of water.
1.03 MEKSUREMENT AND PAYMENT
. If shown as a separate item, clearing and grubbing will
be paid for as sho~n on the Bid Schedule. If not shown as a
separate item, clearing and grubbing shall not be paid for
directly, but shall be considered incidental to performance of
other work.
~
GTS 1-2
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SECTION I
GENERAL TECHNICAL SPECIFICATION
GTS-6
COMMON EXCAVATION
1.00 GENERAL
Areas to be excavated are shown on the plans, profiles
and/or cross-sections. See GTS-8 for trenching for utilities or
storm drains.
1.01
DESCRIPTION OF WORK
This item shall consist of excavation,' removing, and
satisfactorily disposing of all materials within the limits of
the work and not covered under nClearing and Grubbingn but
required to construct the project and other areas in accordance
with these specifications and in reasonable conformity with the
lines and grades, dimensions and ty.pical sections shown on the
plans.
All suitable material taken from excavation shall be used
in the formation of embankment, subgrade, and for backfilli~g as
indicated on the plans or ~s directed.
In case the volume of the excavation exceeds that
required to construct the embankments to the grades indicated,
the excess shall be used to flatten fill slopes, or wasted as
directed. In case the volume of excavation is not sufficient for
constructing the fill to the grades indicated, the deficiency
shall be obtained from approved borrow sources. No borrow
excavation will be approved until all the unclassified excavation
within the project has been fully utilized.
Classification: All material excavated shall be defined
as Unclassified Excavation, or Unclassified Borrow Excavation., No
,rock clause will be allowed for this project.
1.02
CONSTRUCTION METHODS
Prior to excavation all "Clearing and Grubbing"
operations shall have been completed on the excavation sources
and over areas which the embankment is to be placed.
The excavation for building sites, roadways, channels,
ditches, drainage structures, intersections, entrances, paths and
other items as shown on the drawings, shall be made to the
designated alignment, grade and cross-section. A reasonable
tolerance in grade may be permitted by the ENGINEER if the final
grade is uniform in appearance and free from sharp breaks or
humps~
GTS 6-1
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All suitable material removed by excavating shall be used
as far as practicable in the construction of ~bankments, berms,
subgrade, shoulders, slopes, backfills, approaches and for such
other purposes as directed by th~ ENGINEER.
During the process of excavating, the ENGINEER may order
specific excavated materials placed in stockpiles in order to
have suitable material available, if necessary, to complete the
upper nine inches of embankments, the backfilling of portions of
undergrade cuts, and provide top soil for landscaping.
During excavation the excavation site shall be maintained
by the CONTRACTOR in such condition that it. will be passable and
well-drained at all times. All slides shall be removed by the
CONTRACTOR and the material disposed of as directed by the
ENGINEER.
Finishing by hand methods will not be required. Suffi-
cient work, shall be performed on slopes of cuts and fills so .that
such slopes will be left in a neat and uniform condition. Blading
shall be performed on the surface to shape it to the required
cross-section, free from sharp breaks or other irregularities.
Loose rock and boulders shall be removed from the surface and
slopes.
No special compensation will be made to the CONTRACTOR to
defray costs of any work or delay occasioned by giving or
altering lines and elevations, or making other necessary
measurements or by inspection, but such costs shall be considered
as having been included in the price stipulated for the several
items of the work to be done under this contract.
GTS 6-2
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SECTION I
GENERAL TECHNICAL SPECIFICATION
GTS-8
EXCAVATION, TRENCHING, AND BACKFILLING
FOR UTILITIES AND STORM DRAINS
1.00 GENERAL
Areas to be excavated or trenched are shown on the plans,
profiles and/or cross-sections.
1.01 DESCRIPTION OF WORK
The work to be performed under this section of the
specifications shall consist of furnishing all labor, equipment
and materials', and in performing all operations in connection
with the excavation, trenching and backfilling as shown in the
plans, and as specified here.
All excavation shall be unclassified and will not be
measured or paid for as a separate bid item. The cost of
excavation trenching and backfill shall be included in the
contract price for the related items of the Proposal. No rock
clause will be allowed for this project.
1.02 PROTECTION OF EXISTING UTILITIES
It shall be the respons~bility of the CONTRACTOR to
verify the existence and location of all underground utilities
along the route of the work. The omission from or the. inclusion
of utility locations on the plans is not to be considered as the
non-existence of, or a definite location of existing underground
utilities.
The CONTRACTOR will take the necessary precautions to
protect existing utilities from damage due to his operations.
Any damage to the utilities will be repaired at the CONTRACTOR'S
expense.
A sufficient distance back from the edge of the
excavation shall be maintained to avoid overloading and to
prevent slides or caving. The excavated material shall be kept
trimmed in such a manner as to be of as little inconvenience as
possible to the public and adjoining property owners. At street
crossings, sidewalks and other points where the ENGINEER deems
necessary, the trenches shall be bridged in a secure manner so as
to prevent serious interruption of travel and to provide access
to fire hydrants, and public and private premises. Such bridging
shall ,be approved by the ENGINEER.
GTS-8-l
1.03
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EXCAVATION
A. General
Excavation shall include the removal of any trees,
stumps, brush, debris or other obstacles that may obstruct
the line of work and the excavation and removal of all
earth, rock or other materials to the extent necessary to
install the pipe and appurtenances in conformance with the
line and grades ~hown in the plans, or as specified.
B. Maximum and Minimum Width of Trenches
The sides of all trenches shall be cut as nearly
vertical as possible. Unless otherwise specified on the
plans, the minimum width of trench in which the pipe may
be installed shall not be less than twenty-four inches
plus the outside diameter of the pipe, measured at an
elevation in the trench which is twelve inches above the
top of the pipe when it is laid to grad~.
C. Sheeting, Shoring and Bracing
The sides of all excavation shall be sufficiently
sheeted, shored and braced so as to prevent slides,
cave-ins,' settlement or movement of the banks, and to
maintain the excavation clear of obstructions that will in
any way hinder or delay the progress of the work. In wet,
saturated or flowing materials, where it is necessary to
install tight sheeting or cofferdams, wood or steel sheet
piling of a design and type approved by the ENGINEER shall
be used. All sheeting, shoring and bracing shall have
sufficient strength and rigidity to withstand the pressure
exerted and maintain the sides of the excavation properly
in place and protect all persons or property from injury
or damage. When excavations are made adjacent to existing
building or other structures, or in paved streets,
particular care shall be taken to adequately sheet, shore
and brace.the sides of the excavation to prevent
undermining of, or settlement beneath the structure or
pavement. Underpinning of adjacent structures or pavement
shall be done by the CONTRACTOR at his own cost and
expen~e, and in a manner satisfactory to the ENGLNEER, or
when required by the ENGINEER, the pavement shall be
removed, the void satisfactorily refilled, compacted, and
the pavement replaced by the CONTRACTOR; the entire
expense of such removal and subsequent replacement thereof
shall be borne by the CONTRACTOR. Sheeting, shoring and
bracing shall not be left in place unless otherwise
provided for in the Contract or authorized by the
GTS-8-2
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ENGINEER. The removal of sheeting, shoring and bracing
shall be done in such manner as not to endanger or damage
either new or existing structures, private or public
properties, and so as to avoid cave-ins, or sliding of the
banks. All holes or voids left by the removal of the
sheeting, shoring or bracing shall be immediately and
completely filled and compacted with suitable materials.
If for any reason, the CONTRACTOR, with the approval of
the ENGINEER, elects to leave in place the sheeting,
shoring or bracing, no payment shall be allowed for such
materials left in place. All Occupational Health and
Sa~ety Act requirements shall be met.
D. Dewatering Excavations
.....
The CONTRACTOR shall immediately remove all surface
or seepage water from sewers, drains, ditches, and other
sources which may accumulate during the excavation and
construction work, by providing the necessary underdrains
or otherwise, and by doing the necessary pumping, bailing
and draining. The CONTRACTOR shall have available at all
times sufficient equipment in proper working order for
doing the work herein required. All water removed from
excavations shall be disposed of in an approved manner, so
as not to create unsanitary conditions, nor to cause
injury or damage to persons or property, or damage to the
work in progress, nor to interfere unduly with the use of
streets, private driveways or entrances. Pumping, bailing
and draining, underdrains, ditches, etc., shall be
considered as incidental work and will not be paid for as
separate items, but their cost shall be included in such
contract prices as are provided in the contract.
E. Subgrade in Earth .
Where a firm and stable foundation for the pipe can
be obtained in the natural soil and where special .
embedment is not shown on the plans or specified herein,
the bottom of the trench shall be carefully and accurately
trimmed to fit the lower portion of the pipe barrel at
least.l/lO the outside diameter of the pipe. Bell holes
shall be excavated or each joint. The bell holes shall be
accurately located and shall be of sufficient width and
depth to allow ample room for making the joint apd to
relieve the pipe bell of all load.
Should the excavation be carried below grade, except
as herein specifically provided, the CONTRACTOR shall, at
his own expense, refill it to the proper elevation with
suitable compacted material as directed by the ENGINEER,
which shall be compacted by tamping until it is firm and
unyielding.
GTS-8-3
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F. Subgrade in Rock
If the bottom of the excavation for the pipe line is
found to be in rock or.. other hard material that cannot be
excavated to a true subgrade and shaped to provide uniform
bearing for the pipe barrel, the rock or other material
shall be excavated below the bottom of the pipe 1/2 of an
inch f.or each foot of embankment over this pipe, but not
less than eight inches and the bottom of the trench
bro~ght to true subgrade elevation by filling with
suitable material and compacting by means of tamping until
a firm and uniformly unyielding foundation is obtained, as
specified by the ENGINEER.
G. Soft Subgrade
Where soft or spongy material is encountered in the
excavation at subgrade level, it shall be entirely removed
under the pipe for the full width of the trench or as
otherwise required for the particular condition, replaced
with suitable material, mechanically tamped in four inch
layers to a satisfactory density, and the bed shaped as
specified in Subgrade in Earth.
H. Disposal of Excavated Material
Suitable excavated materials shall be piled adjacent
. to the work to be used for backfilling. Unsuitable
materials' for backfilling shall be disposed of by the
CONTRACTOR at locations designated on the plans or
approved by the ENGINEER. Desirable top soild, sod, etc.,
shall be carefully piled separately when required.
Excavated materials shall be handled at all times in such
manner as to cause a minimum inconvenience to public
travel and to permit safe and convenient access to private
and public property adjacent to or along the line of work.
In parkways and easements where it is necessary to deposit
excavated materials on lawns during the work, burlap or
similar materials shall be placed on the lawn to prevent
contact between excavated materials and the lawn. '
I. Private Road Crossings
Where the pipe line crosses private or farm roads,
the CONTRACTOR .shall so conduct his work as to cause the
least 'inconvenience to the property owner involved, and,
upon completion of backfilling, shall restore the road to
a condition as good as, or better than, that in which it
was originally, as determined by the ENGINEER.
GTS-8-4
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1.04 BACKFILLING
Backfilling shall include the refilling and consolidating
of the fill in trenches and excavations up to the surrounding
ground surface or road grade at crossings.
Backfilling shall be done with good suitable material.
No materia~ of a perishable, spongy, or otherwise unsuitable
nature shall be used in backfilling. .'
The method of backfilling pipe trenches shall be
as follows: Selected material shall first be taken from the
spoil bank and placed on both sides of the pipe simultaneously in
layers of not more than 4-inches in loose thickness, and these
layers shall be firmly compacted by mechanical or pneumatic
tamping. The layers of backfill shall be sprinkled lightly with
water if additional moisture is required for proper compaction.
This process of filling and tamping in layers shall be continued
until the backfill is brought up to a height of one foot above
the crown of the pipe. The remainder of the trench or excavation
may be backfilled by means of any approved method.
If the pip~s are potable water or sewer pipes, the pipe shall be
laid in a 6n thick bank sand bedding encircling the pipe.
Excavated material which is unsuitable for backfilling,
and excess material, shall be disposed of in a manner approved by
the ENGINEER. Except in cultivated fields, surplus spoil may be
neatly distributed and spread on the right-of-way which shall be
left in a clean and sightly condition.
The backfill in areas to be crossed by roadways,
structure, etc., shall consist of cement stabilized sand (1-1/2
sacks cement/cubic yard sand) compacted to optimum density.
Where construction is within the limits of State, County
or City rights-of-way, any special requirements of these agencies
with respect to backfilling shall be complied,with.
GTS-8-S
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1.05 REMOVAL AND REPLACEMENT OF SOD, SHRUBBERY, PLANTS, ETC.
,
All trees and brush to be removed shall be cut even with
the surface of the ground and shall be disposed of in a manner
approved by the ENGINEER. Where sod, shrubbery, plants, etc.,
are removed in making the excavation, such areas shall have the
same kind and in good condition, placed in their stead. Sod shall
be removed iri squares cut out with a sharp spade, and of such
sizes that they may be handled conveniently without breaking.
The sod shall be removed in one layer not less than 2 inches in
depth, and shall be carefully stored and given proper attention.
During ho~, dry weather the stored sod shall be protected by
covering with canvas or burlap. Shrubbery, plants, etc., shall
be removed with a ball of dirt about their ~oots and shall be
carefully stored and given proper attention. When backfilling is
completed, the sod, shrubbery, plants, etc., shall be carefully
replaced in their original location, and the area thoroughly wet
down.
1.06 PROTECTION OF TREES, PLANTS, SHRUBBERY, ETC.
Where trees, plants, shrubbery, etc. are adjacent to the
line of the work and are not to be removed or removed and
replaced, the CONTRACTOR shall protect such trees, plants,
shrubbery, etc., by substantial wooden boxes and guards and shall
not permit machinery or employees to scrape, tear the limbs from,
or damage, or attach guy cables to them, and if, in the opinion
~ of the ENGINEER, such trees, plants, shrubbery, etc., would be
damaged by machinery, etc., hand excavation may be required. The
CONTRACTOR shall be responsible for all damages to adjacent
trees, plants, shrubbery, etc.
1.07 USE OF EXPLOSIVES
Should the CONT~ACTOR elect to use explosives in the
prosecution of the work, they shall be used with the utmost
precaution, and no blasting shall be done within one hundred
CIOO) feet of the completed work or exposed pipes, conduits,
etc., and the CONTRACTOR shall assume all liability for any
injury or damage to persons or property resulting from such'
usage. All necessary precautions shall be taken by the
CONTRACTOR, and provisions shall be made for the proteotion of
the new work, and all blasting shall be so conducted as not to
endanger persons or property. Only a sufficient quantity of
explosives for the immediate days's work shall be kept on hand by
the CONTRACTOR. Caps, exploders and explosives shall be stored
separately. The CONTRACTOR shall be responsible for, and shall
make good any damage caused by blasting or accidental explosion.'
GTS-8-6
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SECTION I
GENERAL TECHNICAL SPECIFICATION
GTS - 9
EMBANKMENT
1.00
GENERAL
All areas requiring embankment area shown on the
drawings.
1.OI
DE~CRIPTION OF WORK
This item shall consist of placing excavated or borrowed
materials required to construct the project, in accordance with
these specifications and in reasonable conformity with the lines
and grades, dimensions and typical sections shown on the plans.
I.02
CONSTRUCTION METHODS
Prior to the placing of any embankment, all "Clearing and
. Grubbing" operations shall have been completed on the excavation
sources and over areas which the emgankment is to be placed.
~
During construction of roadways, the roadbed shall be
maintained by the CONTRACTOR in such condition that it will be
passable and well-drained at all times. Side ditches without
outlets directed away from the sides of embankment or other
drainage construction, that might damage the roadway by erosion
wil+ not be permitted. All slides shall be removed by the
CONTRACTOR and the material disposed of as directed by the
ENGINEER.
The embankments for building sites, roadways, channels,
ditches, drainage structures, intersections, entrances, paths and
other items as shown on the drawings, shall be made to the
designated alignment, grade and cro$s-section. A reasonable
tolerance in grade may be permitted by the ENGINEER if the final
grade is uniform in appearance and free f~om sharp breaks or
humps. .
Finishing by hand methods will not be required. Sufficent
work shall be performed on slopes of cuts and fills so that such
slopes will be left in a neat and uniform condition, fr~e from
sharp breaks or other irregularities. Loose rock and boulders
shall be removed from the :surface and slooes.
. . -
Embankments shall be formed of suitable material taken
from roadway 'excavation, drainage excavation, borrow excavation
and/or excavation for $tructures. The material shall be placed in
successive horizontal layers not to exceed 8 inches loose lift
GTS 9-1
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distributed uniformly over the full width of the embankment.
Embankments shall be made of sufficient height and width so that
at the time of acceptance by the OWNER, they will conform with
the typical sections shown on the plans.
Stumps, rubbish or any other objectionable material shall
not be placed in embankment.
Where embankment is made, the topsoil shall be stripped
and stockpiled as directed by the ENGINEER. Embankment areas are
to be scarified to a depth of not less than 4 inches. The
loosened ~terial shall be recompacted with the new embankment
hereinafter soecified. Where an embankment is to be made on a
steep hillsid~ Csteeper than one foot vertical to six feet
horizontal) the slope of the original ground shall be cut into
steps before the embankment is constructed. The steps shall be of
such width that compaction equipment can make passes within the
limits of the completed cross-section when working on horizontal
layers. .
Embankments formed wholly or primarily of any type rock
shall be placed in horizontal layers not to exceed 18 inches in
thickness and shall be uniformly over the full width of the
embankment. The ENGINEER may, when rock size necessitates, permit
greater layer thickness, but in no case, shall the depth of layer
exceed 2-1/2 feet nor shall the maximum size rock be larger than
80% of the horizontal layer depth. The, larger stones shall be
well distributed. Rocks or boulders too large to permit placement
in the approved thickness of lift shall be broken as necessary.
Each layer of rock shall be covered with a layer of small stones,
sand, gravel; or soil, and this layer shall be thoroughly
consolidated so that all voids in the rock are filled. The upper
layer of embankment shall contain no stones larger than 4 inches
in greatest dimension.
Excess or Unsuitable Material shall be used to widen
embankments uniformly, flatten slopes or be disposed of in such
other places as the ENGINEER may direct.
All of the operations ~ecessary to the placing of
embankments will be incidental to the items of work of Embankment
and all costs will be considered as included in and completely
covered by the unit contract prices for such items as defined in
the proposal.
No special compensation will be made to the CONTRACTOR to
defray costs'of any work or delay occasioned by giving or
altering lines and elevations, or making other necessary
measurements, or by inspection, but such costs shall be
considered as having been included in the price stipulated for
the several items of the work to be done under this contract.
GTS 9-2
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1.03
COMPACTION
Complete control of the compaction operation shall be
exercised under the direction of the ENGINEER by developing
regional soil classifications and moisture relationships. The
CONTRACTOR may use any type of compaction equipment he deems
necessary to obtain the required density provided it is clear.ly
demonstrated by both past performance and, performance on the
project involved that such equipment will perform satisfactory.
Each lift to be compacted shall, if necessary~ be wetted
or dried and shall be rolled, tamped or vibrated to the required
density. When each layer of material has been conditioned to the
best practicable moisture content for compaction purposes, it
shal~ be compacted by an approved roller. For uniformity of
compaction, a minimum of six passes of the roller shall be made
for each layer. A complete roller pass is defined as the passing
of the specified roller over the entire surface of the layer
once, with a minimum overlap of one foot between successive trips
of the roller. Successive layers shall not be placed until the
layer under construction has been thoroughly compacted.
In cut areas, the top of the subgrade under areas to be
paved shall be scarified to a depth of at least 6 inches below
grade, then mixed, reshaped and compacted in the manner described
above for embankment compaction. .
If in the opinion of the ENGINEER, the roller coverage
does not result in adequate density or stability, the area will
be tested and rolling continued until compaction is not less than
98% nor more than 102% of maximum density for soils with plastic
index 20 or more and not less than lOOt at maximum density for
soils with plastic index of less than 20 as determined by Texas
Highway Department Test Method TEX-114E has been obtained.
l.04
UNSUITABLE MATERIAL
No material will be used in embankment construction which
shows a Liquid Limit in excess of 60 or a Plastic Index in excess
of 30. Any material encountered in grading on the project not
conforming to the above limitations will be mixed with sand
borrow material or lime stabilized to meet the above limitations
or was~ed. Waste areas shall be as directed by the ENGLNEER.
In place soils not complying wit~ the above requirements
shall be governed by the following:
1. No grading will be allowed during periods of rain
or subsequent to rainfall when the surface of the
mate:rial is damp.
GTS 9-3'
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2. No vehicular traffic will be permitted within the
area of embankmet placement when the area is saturated
and the traffic will cause rutting.
3. Areas subjected to traffic or graded during,wet
weather in violation of Items 1.01, 1.02 or 1.03 shall
be removed to a depth of 2 feet and backfilled with
material suitable to the ENGINEER at the sole expense of
the CONTRACTOR.
1.0S GRADING SEQUENCE
Grading shall be programmed so the upper 9 inches of
embankments are composed of material suitab~e.for the proposed
use of the embankmment.
If the upper nine inches of the embankment as tentatively
completed contains a sufficient quantity of material having
dimension greater than four inches and forming an unsatisfactory
surface for the proposed use, scarifying will be ordered
performed to remove the oversize material.
GTS 9-4
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SECTION I
GENERAL TECHNICAL SPECIFICATION
SUS-l
SUPPLEMENTAL TECHNICAL SPECIFICATIONS
1.00
GENERAL
This specification modifies the Technical Specifications
included in this set of specifications. These modifications are
for this specific project only.
,
1.01 DE~CRIPTION OF MODIFICATIONS
GENERAL TECHNICAL SPECIFICATION GTS-8
TRENCHING, EXCAVATION AND BACKFILL.
FOR UTILITIES AND STORM DRAINS
Section 1.03 BACKFILLING
This section shall be modified to provide bank sand
bedding and backfill to one foot Cl') above the top of
the pipe.
WATER SYSTEM TECHNICAL SPECIFICATION WTS-I
WATER DISTRIBUTION SYST&~
Section l.06 FIRE HYDRANT
~
This section shall be modified to include a Hydra-Lok for .
each hydrant installation.
SUS I-I
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SECTION II
ROADWAY TECHNICAL SPECIFICATION
RTS-2
LIME STABILIZED SUBGRADE
1.00 GENERAL
This specification designates the requirements for
preparation of the subgrade for the proposed pavement as shown on
the plans.
The subgrade shall be composed of a mixture of existing
subgrade material, lime and water and shall be constructed as
herein described and in conformity with the typical
cross-sections, lines and grades as shown on the plans.
1.01
MATERIAL
..
A. Subgrade Material
The material to be stabilized shall consist of existing
soil free from vegetation or other objectionable matter.
It is the intent of this specification to utilize
material existing on the roadbed.
B . Lime
Lime shall be hydrated lime and meet the requirements
prescribed in the Standard Specifications for Hydrated
Lime for Structural Purposes, ASTM designation C 6-3l,
latest revision, for masons hydrate for chemical
composition, residue, sampling, inspection, etc. except
for soundness and plasticity.
1.02
CONSTRUCTION METHODS
The existing subgrade shall be brought to grade in
accordance with the details shown on the plans and then shall be
scarified for the width and to such unlform depths as shown on
the plans. Hydrated lime slurry shall be applied evenly to the
roadway width and mixed intimately with the soil and water u~ing
a pulvamixer. After.lime spreading and preliminary mixing, the
subgrade shall be moist cured for twenty four (24) to forty" eight
(48) hours. Final mixing of lime, soil and water shall be
followed by compaction to 95% of maximum density in accordance
with AASHO Standard Method T99-57. A two (2) to seven (7) curing
period shall follow compaction as directed by the ENGINEER.
A. Scarification and Pulverization
The'subgrade shall be brought to line and grade as shown
on the typical sections and plans and shall be scarified
to a full six inch C6") depth and partly pulverized with
RTS 2-1
~.~i~~"'1 i~!!:-;~I
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a rooter, grader-scarifier and/or disc harrow followed by
a rotary high speed mixer. When the soil is unusually
dry, water shall be added by sprinkling to aid
pulverization. When the soil is wet, the rotary mixer or
dis~ harrow shall be used for aerating and drying ,out the
soil.
B. Lime Slurry
Lime and water shall be mixed into a slurry in a central
mixing plant employing agitation by integral paddles,
compressed air, recirculating pumps or a combination as
approved by the ENGINEER. The lime slurry may also be
mixed in water trucks with an approved agitator.
The lime slurry mix shall be comprised of one Cl) ton of
lime to five hundred CSOO) gallons of water Ca 32% lime
solution). The lime-water requirements may be adjusted to
satisfy the optimum moisture of the existing soil. The
lime solution shall not exceed forty percent C40%) which
is the maximum pumpable slurry.
...
When measured amounts of lime and water are charged
separately into the tank truck, the water shall be
metered and the lime proportioned volumetrically or by
means of weight batchers.
Lime shall be spread on the scarified subgrade by gravity
or by pressure spray bars which shall be calibrated by
the ENGINEER to determine the number of passes necessary
to obtain six percent C6%) lime application.
C. Mixing and Watering
After the proper application of lime, the subgrade shall
be pulverized with approved equipment to the extent that
clay clods shall be less than two inches C2"). Sprinkling
shall be as directed by the ENGINEER. .
D. Preliminary Curing
The soil-lime subgrade shall then be cured for 24-48
hours or until the clay becomes friable enough to
pulverize during the final mixing.
E. Final Mixing and Pulverizing
Final mixing of the soil-lime sub grade shall consist of
sprinkling in order to bring the soil above optimum
moisture and pulverization with high speed rotary mixers.
F. Com'Daction
Soi'l lime subgrade shall be compacted to 95% of maximum
density, in accordance with AASHO Standard T-99-S7, at
app~oximate optimum with approved equipment. Compaction
RTS 2-2
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shall be done within 8 hours after final mixing of the
subgrade.
The sheepsfoot roller followed by the pneumatic roller
and the flat wheel roller for finishing shall be used in
combination. Compaction may also be accomplished with
heavy pneumatic rollers, with light pneumatic rollers or
steel rollers used for finishing.
G. Final Curing
Final curing shall consist of sprinkling, with light
rsllers being used. A period of two to seven (2-7) days
shall be required for curing.
I.02
SAFETY PRECAUTIONS
The CONTRACTOR shall exercise necessary precautions to
protect the public and the workers from injuries which might
occur from contact with hydrated lime for soil-lime subgrade. All
workers emptying bags of dry lime or controlling the charging of
dry lime into the mixing plant or tank trucks shall be equipped
with close-fitting goggles for protection of the eyes. The
following recommendations should be followed by all workers who
will work with dry lime.
Wear long sleeve shirt.
Wear high top shoes or laced boots.
Wear trouser legs tied over shoe tops
Wear hat or cap to protect scalp from lime dust.
Wear gauntlet type gloves.
Do not wear clothes that bind tightly around neck or
wrists.
First aid shall be given as follows:
A. For skin burns, wash thoroughly with soap and warm
water to remove the lime. Apply a burn ointment and keep
bandaged.
B. For lime in eyes, hold worker's eyes open and flush
out with clean water immediately.
C.Report all burns from lime or cases of lime in eyes.
1.04
MEASUREMENT AND PAYMENT
If shown as a separate item on the Bid Schedule, soil-lime
subgrade shall be paid for using the units and unit price as
shown on the Bid Schedule.
If not shown as a sepa=~te item and the plans call for
RTS 2-3
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soil-lime subgrade, such construction shall be considered
incidental to other construction and there shall be no separate
payment for the soil-lime subgrade.
The price shown, or included as incidental, shall.be full
compensation for cleaning the roadbed, for scarifying, mixing and
pulverizing of the subgrade material, for shaping the subgrade,
for incorporation of lime into the subqrade material, for
sprinkling and rolling, for finishing and curing the soil-lime
subgrade, for maintaining the completed subgrade and all labor,
equipment, tools and incidentals necessary to complete the work.
RTS 2-4
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SECTION II
ROADWAY TECHNICAL SPECIFICATION
RTS-13
CONCRETE PAVEMENT
1.00 GENERAL
This specification designates the requirements for
concrete paving, complete to the lines and grades shown on the
plans.
The thickness of the pavement and required preparation of
subgrade shall be as shown on the plans.
Reinforcing steel shall be #3 bars at eighteen inches
C1Sn) on center each way.
The minimum average flexural strength Cmodulus of
rupture) for normal paving shall be five hundred pounds per
square inch C500 psi) at the age of seven (7) days using a
standard testing machine in which the load is applied at the
center of the test beam s?an. If high strength concrete is shown
on the drawings, the minimum average flexural stre~gth shall-be
six hundred pounds per square inch C600 psi). Pavement shall be
assumed to be normal paving unless shown otherwise on the plans.
1.01 MATERIAL
"
Concrete and reinforcing steel shall be in accordance
with Section CTS-l, Concrete Construction, and CTS-4, Reinforcing
Steel, of these specifications.
1.03 EQUIPMENT
A. Pavers, mixers and finishers
All paving equipment necessary for the construction of
the project shall. be on the site and approved by the
ENGINEER prior to the beginning of the paving operation.
The size of the paving mixer shall not be less than that
of ,a 27-F paver, as established by the Mixer
Manufacturers Bureau of the Associated General
Contractors.
The mixer ,shall operate at a drum speed of not less than
l6, nor more than 20 revolutions per minute. Pick-up and
throw-over blades shall not be worn more than three
quarters of an inch C 3/41' ) .
Batch hauling equipment for the transportation of
RTS l3-1
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materials from the batching plant to the mixer shall be
such that excessive evaooration of moisture or loss of
mate=ial is prevented. -
Finishing equipment shall meet the approval of tne
ENGINEER. Where hand finishing is permitted, the
CONTRACTOR shall provide a screed to conform to the
crown section of the pavement and an approved canvas
belt for finishing the surface.
B. Forms
Side forms shall be of metal or wood and shall have a
;height equal to the pavement to be constructed. Metal
forms shall have a shaped section wi~h base width equal
to the form height or greater. Wood forms shall be a
minimum of nominal 2n thickness, dressed top and inside.
All forms shall be securely staked and braced with
rigid, tight connections at joints. Each section shall
have ample bracing to prev~nt springing or movement of
the form under pressure of concrete placement or by
machinery used in the finishing operations. The use of
bent or damaged forms will not be permitted.
All forms shall be cleaned and oiled prior to each use.
Curb forms shall be wood or metal, of a section
acceptable to the ENGINEER.
,
1.02
PLACING OF CONCRETE
The concrete shall be placed on a subgrade approved by
the ENGINEER in a manner that will require a minimum of
rehandling. When hand spreading is necessary, the ~oncrete shall
be distributed by the use of shovels.
Workmen will not be permitted to walk in the concrete
with earth or other foreign materials on their boots or shoes.
Any concrete not placed within thirty (30) minutes of
final mixing, shall be rejected and disposed of as directed by
the ENGINEER.
Concrete shall not be placed before the time of sunrise
or later than the time that will permit finishing all ~laced
concrete during sufficient natural light.
The mixer shall not be located on completed pavement,
except as herein provided, but may be located on the subgrade of
the lane being constructed. If, in the opinion of the ENGINEER,
there is limited space fqr mixer operation, the mixer may be
RTS 13-2
_.
e
e
.....
operated from completed pavement provided the concrete has
obtained its minimum average flexural strength. The CONTRACTOR
must also provide suitable mats to protect the completed pavement
surface.
The OWNER mayor may not core drill the completed
pavement for determination of actual pavement thickness. The
location of the core samples shall be selected by the ENGINEER.
If there is,a deficiency in pavement thickness, the Unit Price
for paving shall be adjusted downward in accordance with Texas
Highway Department Specifications, Item 360.ll. There will be no
compensation for excess thickness of pavement.
1.03
OPENING PAVEMENT TO TRAFFIC
The pavement shall be closed to all vehicular traffic,
including those of the CONTRACTOR, until the concrete is at least
seven (7) days old and has attained the minimum average flexural
strength.
The ENGINEER may, under emergency conditions, require the
opening of the pavement to traffic prior to the minimum time
specified above if in the interest of the public. In no case
shall the Pavement be opened to traffic within seventy-two (72)
honrs of the placement of the last portion of concrete. The
CONTRACTOR shall, under such emergency conditions, provide
backfill against the pavement edges and other such work as
required by the ENGINEER to protect the completed pavement. Any
, required emergency opening shall be directed by the ENGINEER in
writing.
1.04
PAYMENT
Concrete pavement shall be measured for payment by the
unit shown on the Bid Schedule and the bid Unit Price shall
include all' labor and material for the project.
If shown separately on the Bid Schedule, curbs will be
paid for at the Unit Price shown thereon.
RTS 13-3
City of La porte"--'
9?-57 '
e
Ponland Cement Concrete Paving
Page 02520-1
SECTION 02520 - PORTLAND CEME."'T CONCRETE PA-IING
A. General
1. Extent of portland cement con::r:te paving is shown on drawings, including curbs, guncrs, walks, and
paving.
2. ?repared subbase is specified in -Earthwork- section.
3. Concrete and rela1ed materials are specified in Division 3.
4. Joint fillers and sealers are sce:ified in Division 7.
S. ; Traffic ConttOl: Maintain adc:ss for vehicular and pedestrian traffic as required for other constrUCtion
activities.
B. Products
1. Forms: Steel, wood, or othe:- suitable maIerial of size and strength to resist movement during concrete
placement and to retain horizontal and vertical alignment until removal. Use strai&ht fOImS, free of
distonion and defectS.
a. Use flexible spring steel forms of laminated boards to form radius bends as required.
2. Coat forms with nonstaining form release agent thaI will not discolor or deface surface of concrete.
3. Welded W"ue Mesh: Welded plain cold~wn steel wire fabric, ASTM A 185.
a. ,Furnish in flat sheets, not rolls, UDless otherwise acceptable to Architect.
4. Reinforcing Bars: Deformed steel bars, ASTM A 615, Grade 60.
5. Concrete Marerials: Comply with requirements of applicable Division 3 sections for concrete mm:rlals,
admixtures, bonding materials, curing maIerials, and others as required.
6. Expansion Joint Materials: Comply with requirements of applicable Division 7 sections for preformed
expansion joint fillers and scalers.
7. Antispalling Compound: Boiled linseed aU and mineral spirits, complying with AASHTO M-233.
8. Curing and Scaling Compound: ASTM C 309, Type 1, Class A.
C. Concrete Mix, Design. and Testing: Comply with requirements of applicable Division 3 sections for
concrete mix design. sampling and testing, and quality CODtrol and as herein speciCed.
1. Design mix to produce nonnal.weight concrete consisting of portland cement, aggregate, water-reducing
or high-range water-reducing admixture (super-plasticizer), air-entraining admixture, and tft"lter to
produc: the following properties: .
a. COmDressive Strength: 3,000 psi. minimum at 28 days, unless otherwise \DdiCM~. with mm...num
n~ strength at 4 days of 400 lbs./sq. in. and at 7 days of 500 lbs.isq. in.
b. Slump Range: 8 inches for concrete containing high-range water-reducing admixture (super-
plasticizer); 3 inches for other concrete.
c. M Coment: 5 perc:nt to 8 percent.
D. E.-:ccution
1.
Surface Preparation: Remove loose maierlal from compacted subbas: surface imml!ri'2tety before
placing concrete.
Proof-raIl prepared subbase surface to check for unstable areas and need for additional cc"JIPaction.
Do not begin paving work untU such conditions have been corrected and are ready to receive paving.
.,
...
AIA.21E9:SSI9S .28
City of La Pon ~
9257 iIIIIIIIIIIIIII
poL Cement Concrete Paving
Page 02520-2
3. Form Conmuaion: Set forms to required grades and lines, rigidly braced and secured. IDstall
sufficient quantity of forms to allow continuous progress of work and so that forms can remain in plac::
at least 24 hours after concrete plac:mcnt.
4. Check completed formwork for grade and alignment to following tolerances:
a. Top of forms not more than 1/8 inch in 10 feet.
b. Veni~ face on longitudinal axis not more than 1/4 inch in 10 feet.
S. Cle:m forms after each use and COat with form release agent as often as required to ensure separation
from concrete without damage.
6. Slope step treads 114 inch per foot to drain.
7. Reinforcement: Locate, place, and suppon reinforcement as specified in Division 3 sections unless
otherwise indic:ared.
8. Concrete Placement: Comply with requirements of Division 3 sections for mixing and placing concrete,
and as herein specified.
9. Do not place concrete until subbase and forms have been checked for line and grade. Moisten subbase
if required to provide uniform dampened condition at time concrete is placed. Do not place concrete
around manholes or other structures until they are at required finish elevation and alignment.
10. Place concreu: using methods which prevent segregation of mix. Consolidate concrete along face of
forms and adjacent to transVe:se joints with internal vibrator. Keep vibrator away from joint
assemblies, reinforcement, or side forms. Consolidate with care to prevent dislocation of reinforcing,
dowels, and joint devices. '
a. Deposit and spread concrete in a continuous operation betWeen transVerse joints as far as possible.
If intenupted for more than 1/2 hour, place a constrUCtion joint.
11. Curbs and Guners: AutOmatic m;cl1ine may be used for ~ and gutter plaC'.!'!mt'!nt at Contractor's
option. Machine pl~f!tlt must produce curbs and gutters to required cross-section, lines, grades,
finish, and jointing as specified for formed concrete. If results are not acceptable, remove and replace
with formed concrete as specified.
12. Joints: Construct expansion, weakened-plane (contraction), and construetionjoints true to line with face
pCIpendicular to surface of concrete. CODSUUCt transVerse joints at right angles to centerline unless
otherwise indic:ared.
13. Wl!akened-PlaDe (Contraetion) Joints: Provide weakened-plane (comraction) joints, sectioning concrete
into areas as shown on drawings. CODsuuct wt'!"'lt-......ed-plane joints for a depth equal to at least 1/4
concrete thickness, as follows:
a. Tooled Joints: Form weakened~1ane joints in fresh c:oncretc by grooving top portion with a
recommended cua:ing tool and fini!thi"g edges with a joimer. '
b. Sawed Joints: Form weakened-plane joints with powered saws equipped with shatterproof
abrasive or diamond-rimmed blades. Cut joints into hardened concrete as soon as surface will not
be tom. abraded, or otherwise damaged by cutting action. :
c. Iusens: Use embedded strips of metal or sealed wood to form weakened-plane joints. Set strips
into plastic concrete and C3J'CfuI1y =nove strips after concrete has hardened. .
14. Construction Joints: Place Concrete joints at end of pl~:Jl'!flts and at locarions when: pla~l'!ftt
OperatiODS are $topped for a period of more than 1/2 hour, exc..-pt where such placements terminate at
expansion joints.
a. CODStrUCt joints as shown or, if not shown, use standard metal keyway-section forms.
15. Expansion Joints: Provide premolded joim filler for expansion joints abutting concrete curbs, catch
basins, manholes, inlets, StrUCtUTes, walks, and other fixed objects, unless otherwise indicated.
AIA.2IE9:SSI95.28
City of La pone-..,
9257
e
Portland Cement Concrete Paving
Page 02520-3
a. Locate expansion joints at SO feet o.c. for each pavement lane unless otherwise indicated.
b. E.~tend joint r1l1e:s full width and depth of joint and not less than 1/2 inch or more than 1 inch
below finished surface where joint scaler is indicated. If no joint se:1ler, place top of joint filler
flush with finished concrete surface. .
c. Fumish joint fillers in one-piece lengths for full width being placed, wherever possible. Where
more than one length is required, lace or clip joint fille: sections together.
16. Fillers and Sealants: Comply with the requirements of applicable Division 7 sections for preparation
. of joints, materials,' installation, and performance.
17. . Concrete Fmishing; After striking off and consolidating concrete, smooth surface by scrceding and
floating. Adjust floating to compact surface and produce uniform texture.
a. After floating. test surface for trUeness with a la-foot straightedge. Distribute concrete as
required to remove surface iIregularitic:s and refloat repaired arca5 to provide a continuous smooth
finish.
b. Work edges of slabs, guners. back top edge of curb, and formed joints with an edging tool and
round to ll2-inch radius unless otherwise indicated. Eliminate tool marks on concrete surface.
c. Alter completion of floating and troweling when excess moisture or surface sheen has disappeareC.
complete surface finishing as follows:
(1) Broom finish by drawing a fine.hair broom across concrete surface, perpendicular to line of
traffic. Repeat operation if required to provide a fme line tcxtU1'C.
(2) On inclined slab surfaces. provide a coarse, nonslip finish by scoring surface with a
stiff-bristled broom. perpendicular to line of traffic.
(3) Burlap finish, by dragging a seamless strip of damp burlap across concrete, perpendicular
to line of traffic. Repeat opcraIion to provide a griny texture.
d. Do not remove forms for 24 hours after concrete has been placed. After form removal, clean ends
of joints and point up any minor honeycombed arca5. Remove and replace areas or sections with
major defects, as directed.
18. Protect and cure finished concrete paving, complying with applicable requirements of Division 3
sections. Use membrane-forming curing and sealing compound or approved moist-curing methods.
19. Amispalling Treaanent: Apply compound to concrete surfaces no sooner than 28 days after placement
at manufacturer's recommended application ratcs.
20. R,cpair or replace broken or defective concrete, as directed.
,21. Protect concrete from damage until acceptance of work. Exclude traffic from pavement for at least 14
clays after plac:mcnt. When constrUCtion traffic is pcrmined, maintain pavement as clean as possible
by removing surface stains and spillage of materials as they occur.
a. Sweep concrete pavement and wash free of stains, discolorations, din, apd other foreign material
just before Substantial Completion.
END OF SEcrION 02520
AIA.2IE9:SSI9S .28
City of La Pone..a...,
9257
e
Potable Water SystemS
Page 02666-1
SECTION 02666 - POTABLE WATER SYSTEMS
A. Plumbing Code Compliance: Comply with applicable ponions of Standard Plumbing Code pertaining to
selection and installation of potablc water system materiais and products.
B. Water Purveyor Compliance: Comply with requicments of p.JI'Veyor supplying water to project, obtain
required permits and inspections.
C. Submittals: Submit manufactUre:"s tcclmical product data and installation instructioDS for piping and
products. Submit shop drawingS for potablc water systems, and maintenance data. Submit record drawings
at project closeout.'
D. Identification: Providc underground-typc plastic line markers, manufaaurc:r's standard permanent,
bright-colored, continuous-printed plastic tapc, intended for direct-burial service; not less than 6w wide x 4
mils thick. PrQvidc blue tape with black printing reading -CAUTION WATER. LINE BURIED BELOWw.
1. Manufacturer's: Allen Systems, or Seton Name Plate.
2. Install continuous line markers located directly over buried line at 6- to S- below finished grade, during
back-filling/top soiling operation.
E. Nonm~::.Jljc Piping Label: Ifnomnetallic piping is used for water service, provide engraved plastic Illm;n::.fe
label perm::.neDfly affixed to main electrical meter panel swing -THIS STRUCTURE HAS A
NONMETALUC WATER. SERVICE-.
F. Pipes and Pipe Fittings: Provide pipes of one of the following materials, of weight/class indicated. Provide
pipe fittings and accessories of same material and weight/class as pipes, with joining method as indicated.
1. Copper Tube: ASTM B SS; Type K, soft.annealed temper; wrought-copper solder. joint fittings, ANSI
B16.22; soldered joints.
a. Install in accordance with CDA -Copper Tube Handbook- .
2. Ductile-Iron Pipe; AWWA C151, with cement mortar lining, AWWA CI04; Cass 51; ductile-iron
fittings, A WW A CllO, c:emcm lined. A WW A C104; and 'lUbber-gasket joints, A WW A ell!.
a. Install in accordance with AWWA C600.
3. Steel Pipe: A WW A 000 for sizes 6- and larger; Schedule 40; fabricated steel fittings, A WW A 008;
. welded joints, A WW A 006; or flanged joints, A WW A 007; cement mortar lining, A WW A 005;
coal-tar protective coating, AWWA Oe'3; or tape coating system. AWWA 014.
a. Install iI: a:::ordance with AWWA Mll.
4. Concrete Pipe: Rcinforced steel cylinder type, A WW A 000; reinforced concrete pipe fittings.
a.' Insta11 in accordance with ACPA -Concrete Pipe Handbook-.
5. Polyvinyl Chloride (pVC) Pipe: AWWA C900 for sizes 4W through 1r; Cass 100; ductile-iron
fittings, AWWA CllO, cement lined; and with rubber gaskets, AWWA CU1.
a. Install in accordance with manufacturer's installation instructioDS.
AIA.3/ES :S5195 .28
City of La pone""'"
9257
e
Potable Water Systems
Page 02666-2
6. Polyvinyl Chloride (PVC) Pipe: ASTM 0 1785, Schedule ~O, for sizes 112- through 3-; PVC
Schedule 40 socket-type finings; solvent-eemcnt joints; or elastomeric gasketed joints.
a. Install in accordance with manufaaurer's installation instructions.
7. Polyethylene (PE) Pipe: A WW A C901 for sizes 1"'-. through 3 -; cJpper alloy or nylon barbed
insen-type fittings with 2 strap-type stainless steel.clamps over pipe at each insert.
a. Install in accordance with manuracmrer's installation instructions.
.
8. Depth of Cover: Provide minimum cover over piping of lr below average local frost depth. or 1S-
below finished grade, whichever is greater.
G. Warcr Main Connection: Arrange and pay for tap in Water main. of size and in location as indicated. from
water Purveyor.
H. Water Main Connection: Tap water main \\ith size and in location as indicated. in accordance with
requirements of Water Purveyor. Provide curb valve and curb box as indicated.
~
I. Warcr Service Termination: Tenninate potable water piping S'~. from building foundation in location and
inven as indicated, Provide temporary pipe plug for piping em:nsion into building, by work of Division 1S.
1. Water Service Termination: Terminate potable Water piping inside building where indicated. Provide line
size gate valve. 3/4- valved test tee. and p~ gage. Provide sleeve cast iDlo building wall. and
~-tight sleeve scal.
;.
Ie. Gate Valves: Provide as indicated. gau: valves. A WW A CSOO. 17S psi working pressure. Provide threaded.
flanged, hub. or other end configuraIicnis to suit size of valve 311d piping connection. Provide inside screw
type for use with curb valve box, iron body. broDZe-mountcd. double disc. parallel seat. non.rising stem.
1. ManufactUrer's: Claw; Dresser, Fairbanks; Kennedy Valve; Stockham Valves and Fittings; or
Waterous.
2. Install as indic:w:d with stems pointing up. Provide valve box over underground valves.
L. Buaer.fly Valves: Provide as indica!ed. butterfly valves. A WW A CS04, ISO psi working pressure. Provide
iron body. bronze disc. stainless steel stem, and mew-reinforced EPDM seat.
1. Manufacturers: Dezpco; rrr Grinnell Valve; or Keystone Valve.
2. Install as indieatcd with stems pointing up. Provide valve box over underground valves.
M. Oleck Valves: Provide as indicated. swing checlc valves. A WW A CS08. 1S0 psi working pressure. Provide
iron body, cast-iron ~c. bolted cap. :
1. Manufacturer's: Clow; Dresser; Fairbanks; Kennedy Valve; Stockham Valves and Finings; or
WaterOUS.
N. Anchorages: Provide anchorages for tees, wyes, crosses, plugs, caps, bends, valves. and hydrants. Afu:r
installation, apply full coat or asphalt or other acceptable corrosion.~.arding mate..-ial to surfaces of ferrous
anchorages.
1. Clamps. Straps, and Washers: Ste:!, ASTM A 506.
2. Rods: Steel, ASTM A 51S.
3. Rod Couplings: Malleable-iron. ASTM A 197.
AIA.31ES:SS19S.28
City of La Pone
9257
e
Potable Wau:r Systems
Page 02666-3
4. Bolts: Steel, ASTM A 307.
S. Washers: Gray cast-iron, ASTM A 126.
6. Thrust Blocks: Concrete, 2,500 psi.
O. Yard Hydrants: Provide non-freeze yard hydrants. 3/4. inlet, 3/4. hose outlet, bronze casing, cast.iron or
cast-aluminum C3!!ing guard, kCY-Operated, and tapped drain port in valve housing.
1. Manufacmrer's: Josam; Smith; Tyler Pipe; or Zum Industries.
.
P. Valve Pits: Provide valve pits as indicated, constrUcted of poured-in-p1ace or precast concrete. Construct
of dimensions indicated with manhole access, ladder, and drain. Provide sle:ves for pipe entry and wt,
provide walerproof sle:ve seals.
Q. Piping Tests: Conduct piping testS befon: joints are covered, and after thrust blocks have sufficiently
hardened. Fill pipeline ~4-hrs prior to testing, and apply test pressure to stabilize system. Use only potable
water.
R. Hydrostatic Tests: Test at not less than 1.1/2 times working pressure for 2-hrs.
1. Test fails if leakage exceeds 2-qts per hour per 100 gaskets or joints, irrespective of pipe diameter.
2. Incr-..ase pressure in SO psi increments and inspect each joint between increments. Hold at test p~-ure
for one hour, decrease to 0 psi. Slowly increase again to test pressure and hold for one more hour.
S. Disinf~on of Potable 'Water System: Flush pipe system with clean potable Waler until no diny waIer
appears at point of outlet. Fill system with water-chlorinc solution col'l~;I'l;l'lg alleast SO ppm of chloriDe.
Valve off system. and let stand for 24-hrs mil'limllm. Flush with clean potable water until no chlorine remains
in water ::aming from system. '
1. Repeat procedure if conr~m;l'l~tion is present in bacteriological e:nmil'l~rion.
T. Disinfection of Water Mains: Flush and disinfect in accordance with A WW A C601.
END OF SECTION 02666
AlA.3/ES :SSI9S .28
City of La. Pon
9257
e
Storm Sewage Systems
Page 02720-1
SEcrION 02720 - STORM SEW AGE SYSTEMS
A. Plumbing Code Complimc:: Comply with applicable ponions of Standard Plumbing Code, 1991 edition.
pertaining to selection and installation of storm sewage syStem's materials and productS.
B. EnvironmP.fltltl Compliance: COPlPly with applicable ponions of local EnvironIDPnClI Agency regulations
pertaining to storm s~age syStems.
C. Sub~ttals: Submit manufa.ctu.rCr's tecimical product data and installation instructions for piping and
productS. Submit shop drawings for storm sewage systems, md mainteDaDce data. Submit record drawings
at project closeout.
D. Identification: Provide UDderground-type plastic line markers, manufacturer's standard pennanem,
bright-colorcd., continuous.printed plastic tape, intended for direct-burial service; DOt less than 6- wide x 4
mils thick. Provide gre:n tape with black printing reading wCAUTION SEWER. LINE BURIED BELOWw.
1. Manufacturer: AlIen Systems; Emcd; or Seton Name Plate.
2. Install continuous line markers located directly over buried line at 6 W to 8 W below finished grade, during
back~fillingltop soiling operation.
E. Pipes and Pipe Fittings: Provide pipes of one of the following materials, of weight/class indicated. Provide
pipe fittings and accessories of same material and weight/class as pipes, with joining ~od as ~ted.
1. Birnmini7'M Fiber Pipe: Homogeneous, ASTM D 1861; or l~min~'ed-wall, AS'I'M D 1862; machined
or molded taper joints with taper-sleeve couplings; bitllmini7'.M fiber or molded. fittings, AS'I'M D 3356,
taper joints.
a. ' Install in accordance with ASTM D 2316.
2. Cast-Iron Soil Pipe: ASTM A 74. hub and spigot ends, service weight unless otherwise indicated;
cast-iron hub and spigot fittings complying with ASTM A 74; lcadloakum calked joints, or compression
joints with rubber gaskets complying with ASTM C 564.
a. Install in accordance With applicable provisions of CISPI wCast-Iron SoU Pipe &. Fittings
Handbook.
3. Vitrified Cay Pipe: ASTM C 700, bell and spigot ends, standard strength unless otherwise indicated;
vitrified clay bell and spigot fittings, same strength as adjoining pipe, compression joints complying
with ASTM C 425.
a. 'Install in accordance With ASTM C 12.
4. Reinforced Concrete Pipe: ASTM C 76, Class II unless otherwise indicated; reinforced concrete
fi~gs, same strength as adjoining pipe, tongue-and-groove gasketed joints complying with ASTM C
443.
a. Install in accordanc: With ACPA WConcrete Pipe Installation Manualw.
5. Concrete Pipe: ASTM C 14, Class 2 nonreinforced concrete pipe unless otherwise indicated; concrete
fittings, same streagth as adjoining pipe, tongue-and-groove gasketed joints complying with ASTM C
443.
a. Install in acCordance with ACPA WConcrete Pipe Installation Manualw.
AlA5/ES:SSI95.28
City oCLa pone.-.llr
9257
e Storm Sewage Systems
Page 02720-2
6. Copper Tube: ASTM B 306, hard temper, Type DWV; C3St-eopper alloy solder-joint drainage fittings,
Type DWV, ANSI B16.23; or wrougbt-copper and wrougbt-copper alloy solder-joint drainage fittings,
ANSI B16.29; solder joints.
a. Install in accordance with applicable provisions of CDA wCopper Tube Handbookw.
7. Ac:rylonitrile-Butadiene-Styrcne (ABS) Sewer Pipe: ASTM 02751, SDR 35 for 3w, 4w, and 6w; and
SDR 42 for 8" lOw, and lr; ABS fittings, ASTM 0 2751, solvent cement joints complying with
ASTM D 2235; or elastomeric joints complying with ASTM 0 3212 using gaskets complying with
ASTM F~477.
a. Install in accordance with manufactur=r.s iDscillation rccomm!"tldarions.
8. Polyvinyl Chloride (PVC) Sewer Pipe: ASTM D 3033, Type PSP, SDR 35; or ASTM D 3034, Type
PSM, SDR 35; PVC fittings; ASTM D 3033 or 03034; solvent cemcntjoints complying with ASTM
D 28S5 using solvent cement complying with ASTM 0 2564; or elastomeric joints complying with
ASTM D 3212 using elastameric seals complying with ASTM F 477 .
a. Install in accordance with manufacmrcr"s iDstallation recommendations.
9. Polyvinyl Chloride (PVC) Sewer Pipe: ASTM F 679, wall thickness T-l; PVC fittings, ASTM F 679,
elastomeric joints complying with ASTM 0 3212 using elastomcric seals complying with ASTM F 477.
a. Install in accordance with manufacturer's imtallation rccommlWT1dllf;Ons.
F. Install piping in accordance with goveming lI11fhnriril!!$ having jurisdiction, except where more stringent
requirements. are iDdicated.,
G. Inspect piping before installation to detect apparc:Dt defectS. Mark defective materials with white paint and
promptly remove from site.
H. Lay piping beginning at low PQint of system, ttue to grades and alignment indicated, with unbroken
continuity of inven.
1. Place bell ends or groove ends of piping facing upstream.
J. Install gaskets in accordance with DWlufa.cam:r's recommendations for use of lubricants, cements, and other
special imtallation requirements.
K. Oem interior of piping of dirt and o.mer su:pc:rfluous mau:rial as work progresses. Maintain swab or drag
in line and pull past each joint as it is complete<f
1. In large, accessible piping, brushes ami brooms may be used for cleaning.
2. Place plugs in ends of uncompleted CODdDit at end of day or whenever work stops.
3. Flush lines betWeen maDholes if required ID r=nove collected debris.
L. Make joints between diffc:rem types of pipe with staDdard manufacmred adapters and fittings intended for
that purpose.
M. Oose open ends of abandoned \liJdergIOuIId utilities which are indiCl.ted to remain in plac. Provide
sufficiently strong closures to withstand hydro-static or earth pressure which may result after ends of
abandoned utilities have been closed.
1. Clase open ends af concrete or masomy uWities with not less than 8W thick brick masomy bulkheads.
AIAS/ES :SSI9S .28
City of La Port
9257
e
Storm Sewage Systems
Page 02720-3
2. Close open ends of piping with thre3ded metal caps. plastic plugs. or other acceptable methods sui!3ble
for size and type matcrlal being closed. Wood plugs are no~ acc:cp~.le. '..
..:.. .. '..
N. Inspect piping to determine whether line displac:ment or othe:- damage has occured.
1. Make inspe=tions after lines betwc:n manholes, or manhole locations, have bc:n installed and
approximately 2-ft of backfill is in plac:. and again at completion of project.
2. If inspection indicates poor alignment, debris, displaced pipe, inflltrarlon, or other defc..'"tS, com:ct such
;defects, and reinspect.
O. Storm Sewer Manholes: Provide precast reinforced concrete storm sewer manholes as indic:ued, and
complying with ASTM C 478.
1. Top: Precast concrete, of concentric cone, ecc:mric cone, or flat slab top type, as indicated.
2. Base: Prccasc concrete, with base riser section and separate base slab, or base riser section with
integral floor, as indicated.
3. Steps: Ductile-iron or aluminum. integrally cast into manhole sidewalls. '.
4. Frame and Cover: Ductile-iron, 26- diameter cover, heavy-duty, indented top design, with lettering
ClSt into top reding -STO~ SEWER-.
5. Pipe Connectors: Resilient, complying with ASTM C 923.
6. Installation: Place precast concrete sections as indicated. Where manholes occur in pavemc:tts, set tops
of frames and covers flush with finish surface. Esewhere, set tops 3 - above finish surface, unless
otherwise indicated.
a. Install in accordance with ASTM C 891.
b. Provide mbber joint gasket complying with ASTM C 443, or apply bituminous mastic coating at
joints of sections.
P. Catch Basins: Provide precast reinforced concrete catch basins as indicated.
1. Basin: Precast reinforced concrete, 48- diameter, flat slab top, base riser section with integral floor.
2. Steps: Ductile-iron or aluminum, integrally cast into catch basi::. sidewalls.
3. Frame and Grate: Ductile-iron, 26- dlameter fiat grate, heavy duty.
4. Pipe Connectors: Resilient. complying with ASTM C 923.
5. Installation: ConstrUct c:atch basins to sizes and shapes indicted. Set frames and grates to elevations
indic:ued.
Q. Outfal1s: Construct of cast-in-p1ace concrete as indicatccl, with reinforced headwall, apron, and tapered
sides. Provide rip-rap as indicated to prevent washout of outfall discharge.
1. Use concrete which will attain 28-day compressive strength of not less than 3,000 psi.
R. Drywe11s: Provide pI'CQISt reinforced concrete drywells as indicated, construc:tcd of prc:::ast perforared
concrete rings, with 6. minimum thick:ncss solid concrete floor Ir larger in diameter than concrete rings,
.... and lift-<)ff type concrete cover with cast-in lift rings.
1. Install as indicated, set OD undisturbed native soU.
2. Fill: Pack around drywell with I- to 2. size of crushed rock or gravel, to minimum of 12- beyond
drywell perimeter, and full depth of drywell.
S. Trench Drain System: Provide trench drain system as indicated, with modular cb:ume1s constrUcted of
polymer conc:ete and gratings constrUCted of cast-iron.
AlASIES :SS195 .'::8
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Slorm Sewage Systems
Page 027204
1. Channels: Provide interlocking precast modular units with buill-in slope in each section of 0.6%, and
radiused inside bottom surface.
2. Gmcs: Cast-iron. heavy-duty, designed to set on channel lap without recking or rattling.
3. Accc:ssories: Provide catch basins, channel caps, and other accessories of same material as channels,
and as indicated.
4. Manufacturers: ACO Polymer Products; or Poly Drain.
S. Install as indicated and in accordance with manufacturer's installation instructions. Embed t'h~nnels
in minimum of 4- depth of concrete around bottom and sides.
T. Tap Connectio~ Make connections to existing piping and underground strUctUres. so that finished work
will conform as nearly as practicable 10 requirements specified for new worle.
1. Branch ccmnections made from side into existing 4- to 21- piping shall have wye sprung into existing
line, and entire wye encased with not less than 6- of 3,000 psi 28-day compressive strength concrete.
2. ror branch connections from side mto existing 24- or larger piping, or to underground structures, cut
opeuing into unit sufficiently large to allow 3 - of concrete to be packed around entering connection.
Cut ends of connection passing through pipe or strUCtUI'e wall to conform to shape of and be flush with
inside wall, unless otherwise indicated~ On outside of pipe or structUre wall, encase entering connection
in. 6- of concrete for minimum length of 12- to provide additional suppon or collar from connection
to undisturbed ground.
..
a. Provide concrete: which will attain minimum 28-day compressive strCngth of 3,000 psi, unless
otherwise indicated.
b. Use epoxy bonding compound as interface between new and existing concrete and piping
mumm. .
...
3. Take care while making tap connections to ptWent ccmcrere or debris from entering existing piping or
structure. Remove debris, concrete, or other extraneous material which may accmnulate.
U. B3t'lriilling: Conduct bacldill ope:7ltions of open-cnt trenches closely following laying, jointing, and bedding
of pipe, and after initial inspection and testing are completed.
1. To minimi7f1! local area traffic interruptions, allow no more than 100' betWeen pipe laying and point
of complete b2clrii11i1'\g.
v. Testing: Perform testing of completed piping in accordance with local authorities having jurisdiction.
END Or SEcrION 02720
AIAS/ES:SS19S.28
City of La Port
9257
. ~. .
Sanitary Sewage Systems
Page 02730-1
SECTION 02730 - SANITARY SEWAGE SYSTEMS
A. Plumbing Code Compliance: Comply with applicable portions of National Standard Plumbing Code
pertaining to selection and installation of sanitary sewage system materials and products.
B. Submittals: Submit manufacturer's technical product data and installation instructions for sanitary sewage
system materials and products. Submit shop drawings for sanitary sewage systems, and maintenance data.
Submit record drawings at project closeout. '
C. Identification: Provide underground-type plastic line markers, manufacturer's standard permanent,
bright-colored, continuous-printed plastic tape, intended for direct-burial service; not less than 6" wide x 4
mils thick. Provide green tape with black printing reading .CAUTlON SEWER UNE BURIED BELOW".
1. Manufacturers: Allen Systems; Emed; or Seton Name Plate.
2. During back-filling/top-soiling of sanitary sewage systems, install continuous underground-type plastic
line marker, located directly over buried line at 6" to 8. below fmished grade.
D. Pipes and Pipe Fittings: Provide pipes of one of the following materials, of weight/class indicated. Provide
pipe fittings and accessories of same material and weight/class of pipes, with joining method as indicated.
1. Bitumini7.e(f Fiber Pipe: Homogeneous, ASTM 01861; or laminated-wall, ASTM 01862; machined
or molded taper joints with taper-sleeve couplings; bitnmini7.ed fiber or molded fittings, ASTM 0 3356,
taper joints. .
a. Install in accordance with ASTM 0 2316.
2. Cast-Iron Soil Pipe: ASTM A 74, hub and spigot ends, service weight unless otherwise indicated;
cast-iron hub and spigot complying with ASTM A 74; lead/oakum calked joints, or compression joints
with rubber gaskets complying with ASTM C 564.
a. Install in accordance with applicable provisions of CISPI .Cast Iron Soil Pipe &. Fittings
Handbook" .
3. Vitrified Clay Pipe: ASTM C 700, bell and spigot ends, standard strength unless otherwise indicated;
vitrified clay bell and spigot finings, same strength.as adjoining pipe, compression joints complying
with ASTM C 425.
a. Install in accordance with ASTM C 12.
4. Reinforced Concrete Pipe: ASTM C 76, Class n unless otheIWise indicated; reinforced concrete
fittings, same strength as adjoining pipe, tongue-and-groove gasketed joints complying with ASTM C
443.
a. Install in accordance with applicable provisions of ACP A "Concrete Pipe Installation' Manual" .
5. COncrete Pipe:ASTM C 14, Class 2 nonreinforced concrete pipe, unless otherwise indicated; concrete
fittings, same strength as adjoining pipe, tongue-and-groove gasketed joints complying with ,ASTM C
~. .
a. Install in accordance with applicable provisions of ACPA "Concrete Pipe Installation Manual".
AIA.SIES :SSI95 .28
City of La Pone
9257
e Sanitary Scwage Systems
, Page 02730.2
6. Copper Tube: ASTM B 306, hard temper, Type DWV; cast~pper alloy solder-joint drainage fittings,
Type DWV, ANSI BI6.23; or wrough[~pper and wrough[~ppc' alloy solder. joint dr-t;Tl'\~: fittings.
ANSI BI6.29; solder joints.
a. Install in accordance with applicable provisions of CDA "Copper Tube Handbook".
7. Acryloniaile-Butadiene-Styrene (ABS) Scwer Pipe: ASTM D 2751, SDR 35 for 3",4", and 6"; and
SDR 42 for 8., 10., and 12"; ABS finings, ASTM D 2751; sOlvent-c:mentjoints, ASTM 0 2235; or
elastomcric joints complying with ASTM D 3212 using gaskets complying with ASTM F 477.
a. 1n.staiI in' accordance with manufacrurer's installation recommendations, and in accordance' with
ASTM D 2321.
8. Acryloniaile-Butadiene-Stytcne (ABS) DWV Pipe: Schedule 40, ASTM 0 2661; ABS Schedule 40
fittings. ASTM D 2661; solvcnt-cement joints. ASTM 0 2235; or threaded joints.
a. Install in accordance with manufacturer's installation rec~",mendations. and in accordance with
ASTM D 2321.
9. Polyvinyl Chloride (pVC) Sewer Pipe: ASTM D 3033, Type PSP, SDR 26; or ASTM D 3034. Type
PSM. SDR 26; PVC fittings. ASTM D 3033 or ASTM 0 3034. solvent-cement joints complying with
ASTM D 2855 using solvent cement complying with ASTM D 2564; or clastomericjoints complying
with ASTM D 3212 using e1astomeric seals complying with ASTM F 477.
a. Install in accordance with manufacturer's installation recommfl'nd~rions. and in accordance with
ASTM D 2321. '
10. Polyvinyl Chloride (pVC) DWV Pipe: Schedule 40. ASTM 0 2665; PVC Schedule 40 finings. ASTM
D 2665; solvCDt-cemem joints. ASTM 0 2664; or threaded joints.
a. Install in accordance with manufacrurer's installation recommend~tions. and in accordance with
ASTM D 2321.
11. Polyvinyl Chloride (pVC) Scwer Pipe: ASTM F 679, wall thklmess T-l; PVC finings. ASTM F 679.
e1astomeric joints complying with ASTM D 3212 using elastomeric seals complying with ASTM F 477.
a. Install in accordance with manufaaurcr's installation recommendations. and in accordance with
ASTM D 2321.
E. Install piping in accordance with governing authorities having jurisdiction. except where more stringent
requirI:mems are indicated.
F. Inspect piping before installation to detect apparent defeas. Mark defective materials with white paint and
promptly remove from site.
G. Lay Piping beginning at low point of system, true to grades and aligDIt1ent indicated. with unbroken
cominuity of inVCIt.
-
H. Place bell ~ or groove ends of piping facing upstream.
I. IDstall gaskets in accordance with manufaaurcr's recommendations for use oflubricancs, cements. and other
special installation rcquircmcnts.
AlA.5/ES :55195 .28
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Sanitary Sewage Systems
Page 02730-3
J. Clear interior of piping of dirt and other superfluous material as work progresses. Maintain swab or drag
in line and pull past each joint as it is completed.
1. In large, accessible piping, brushes and brooms may be used for cleaning.
2. Place plugs in cuds of uncompleted conduit at end of day or whenever work stops.
3. Flush lines between manholes if required to remove collected debris.
K. Make joints between different types of pipe with standard manufactured adapters and fittings imcnded for
that purpose.
L. Close open ends of abandoned underground utilities which arc indicated to remain in place. Provide
sufficiently strong closures to withstand hydro-static or earth pressure which may result after cuds of
abandoned utilities havc been closed.
1. Close open cndsof concrete or masonry utilities with DOt less than 8- thick brick masonry blll~h~ds.
2. Close opcu cuds of piping with threaded metal caps, plastic plugs, or other acceptable methods for size
and type material ~g closed. Wood plugs arc not acceptable.
M. Inspect piping to determine whether linc displacemcut or other damage has occurred.
1. Make inspections after lines betwe:n manholes, or manhole locations, have be:n installed and
approximately 2-ft of bacldi1l is in place, and again at completion of project.
2. If inspection indicates poor alignment, debris, displaced pipe, infiltration, or other defects, correct such
defects, and reinspect.
N. Sanitary Manholes: Provide precast reinforced concrete sanitary manholes as indicated, and complying with
ASTM C 478. .
l.
2.
3.
4.
.. s.
6.
Top:' Precast concrete, of concenmc cone, cccenrric cone, or flat slab top typc, as indicated.
Base: Precast concrete, with base riser section and separate base slab, or base riser section with
integral floor, as indicated.
Steps: Fiberglass, integrally cast into manhole sidewalls.
Frame and Cover: Ductile.iron, 26- diameter cover, heavy-duty, indented top design, with lettering
cast into top reading .SANlT ARY SEWER-.
Pip; Connectors: Resilicut, complying with ASTM C 923.
Installation: Place precast concrete sections as indicated. Where manholes occur in pavements, set tops
of frames and coves fIushwith finish surface. Elsewhere, 'let tops 3- above finish surface, unless
otherwise indicated.
a. ,Install in accOrdance with ASTM C 89l.
b. Provide rubber joint gasket complying with ASTM C 443 at joints of seCtions.
c. Apply bituminous mastic coating at joints of sections.
o. Clemouts: Provide as indicated, pipe cxte:1Sion to grade with fCIIUle and countcmmk clemout plug.
Provide ,round cast.iron access frame over clc:mout, with heavy-duty secured scoriated cover with lifting
device.
P. Tap Connections: Make connections to existing piping and underground structures, so that finished work
will conform as nearly as practicable to requirements specified for new work. .
AIA.51ES :5S195 .28
City of La Pon
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, :1 ;,1 I
emutal)' Sewage Systems
Page 0273~
1. Branch connections made from side into e:tisting 4" to 21" piping shall have wye sprung into existing
line. and c:mire wye encased with not less than 6" 00.000 psi 28-day compressive sm:ngth concrete.
2. For branch connections from side into existing 24" or larger piping or to underground structures, cut
opening into unit sufficiemJ.y large to allow 3" of concrete to be packed around entering cozmcction.
Cut ends of connection passing through pipe or StI'UCtW'e wall to conform to shape of, and be flush
with. inside wall. unless otherwise indicated. On outside of pipe or struCtUre wall, encase entering
connection m 6" of concrete for a minimum length of 12" to provide additional support of collar from
connection to undisturbed groUnd.
a. Proviqe concrete which will main minimum 28-day compressive strength of 3.000 psi. unless
otherwise indicated.
b. Use epoxy bonding compound as interface between new and existing concrete and piping
. materials.
3. Take care while making tap eoanections to prevent concrete or debris from Cltcring existing piping or
structU1'e. Remove debris, coucme. or oth~ emancous material which may acc:amulare.
Q. Bac1dilling: Conduct backfilling operations of open-c:ut trenches closely following laying, jointing. and
bedding of pipe, and after initial inspection and teSting are completed.
1. To minimi7~ loc:a1 area traffic interruptions, allow no more than 100' between pipe laying and point
of complete b:admIHng.
R. Testing: Perform teSting of completed piping in accordance with 10c:a1 authorities having jurisdiction.
END OF SECTION 02730
AIA.S/ES:SSI9S .28
City of La pone~
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Concrete Work
Page 03310-1
SECTION 03310 - CONCRETE WORK
PART 1 - GENERAL
1.01 RELATED, DOCUMENTS:
A. Draw..1gs and general provisions of Comrac:t, including General and Supplemental}' Conditions and
Division-l Specification sections, apply to work of this section.
1.02 SUMMARY:
A. , Extent of concrete work is shown on drawings.
B. Concrete paving and walks are specified in Division 2.
1.03 SUBMITIALS:
A. Product Data: Submit data for propriewy materials and items, including reinforc:ment and forming
acc:ssories, admixtu.~, paIChing compounds, watemops,joint systems, curing compounds, dry-shake finish
materials, and others as requested by Architect.
B. Shop DraWings; Reinforc:ment: Submit original shop drawings prepared by registered Professional Engine:r
for fabrication, bending, and plac-nt!nt of concrete reinforcement. Comply with ACI 31S -Manual of
Standard Practice for Detailing Reinforced Concrete StructUreS- showing bar schedules, stirrup spacing,
diagrams of bent bars, arrangc:mcm of concrete reinforc:mem. Include special reinforcement required for
openings through, concrete SU'IlCtu1'CS.
C. LaboratOry Test Reports: Submit laboratory test reports for concrete materials and mix design test.
D. MaIerials Certificates: Provide materials certificates in lieu of materials laboratory test reports when
permitted by Architect. MaIerials certificates shall be signed by manufactUrer and Contractor, certifying that
each maIerial item complies with. or exceeds, specified requirements. Provide certification from admixture
manufacturers thaI chloride content complies with specification requiremcms.
1.04 QUALITY ASSURANCE:
A. Codes and Standards: Comply with provisions of following codes, specifications, and standards, except
where more stringent requirements are shown or specified:
1. ACI 301 -Specifications for Struc:mral Concrete for Buildings-.
2. ACI 318 -Building Code Reqairements for Reinforced Concrete-.
3. Concrete Reinforcing Steel Instiane (CRS!), -Manual of Standard Practice-.
4. Comply with building code requirements which are more stringent than the above.
B. Concrete Testing Service: Engage a testing laboratory ac:..-ptable to Architect to perform matcrlal evaluation
tests and to design concrete mixes.
C. MaterialS and iDsralled work: may require testing and retesting aI anytime during progress of work. Tests,
including retesting of rejected materials for installed work. shall be done at Contractor's expense.
LOS PROJECT CONDmONS:
A. Protect adjacent finish materials against spaner during concrete place'tll'!tlt.
AIA.SIE7:SSI9S .28
City of La. Pone
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Concrete Work
Page 03310-2
1.06 UNIT PRICES:
A. Basis of Bids: Bids shall be based on concete work nec::ssary to produce the work shown.
B. Changes in the Work:
1. Payment for changes in foundation concrete work will be made on the actual net volume change of
concrete and reinforcing in place and accepted based on design dimensions shown.
2. No additional compensation will be made for concrete fill. reinforcing, and other COsts due to
unauthorized over-excavating in any dimension.
3. Quote Unit Prices which include full compensation for labor, materials, tools, equipment. and
incidentals required for forming as required, reinforcement, concrete, and other nc:cessary items for
co~lete installation.
C. Unit Prices: Provide Unit Prices for the following items, as set fonh in the Contract conditions, which will
apply in the event additions to or deductions from the WoIt arc required and authorized by a wrincn order
from the Architect and approved by Owner to the Contractor.
1. Reinforcing steel and dowels, installed, per lb.
2. Concrete, in place, per cu. yd.
PART 2 - PRODUCTS
2.01 FORM MATERIALS:
A. Forms for Exposed Fmish Concrete: Plywood, metal, metal-framed plywood faced, or other acceptable
panel-type materials, to provide continuous, straight. smooth, exposed surfaces. Fumish in largest
practicable sizes to miTlim;.,.,. number of joims and to conform to joint system. shown on drawings.
B. Forms for Unexposed Finish Concrete: Plywood, lumber, metal, or other acceptable material. Provide
lumber dressed on at least 2 edges and one side for tight fiL
C. Form COatings: Provide commercial formulation form-coating compounds that will not bond with, stain,
nor adversely affect concrete surfaces, and will not impair subsequent treatments of concrete surfaces.
-,
2.02 REINFORCING MATERIALS:
A. Reinforcing Bars: ASTM A 615, Grade 60, deformed.
B. Steel Wm:: ASTM A 82, plain, cold-drawn steel.
C. Welded Wm: Fabric: ASTM A 185," welded steel wire fabric.
D. Suppons for Reinforcemc:nt: Bolsters, chairs, spacers, and other devices for spacing, supporting. and
fastening reinforcing bars and welded wire fabric in place. Use wire bar type suppons complying with CRSI
specifications.
1. For slabs-on-grade, use suppons with sand plates or horizontal runners.
2. For cxposed-to:'vicw concrete surfaces, where legs of suppons arc in contact with forms, provide
suppons with legs which arc plastic protected (CRSI, Class 1) or stainless steel protected (CRSI, Class
2).
AIA.SIE7:SSI95.28
City of La Pone...a-
9257 .
e
Concrete Work
Page 03310-3
2.03 CONCREIJ::. MATERIALS:
A. Portland c..-mcnt: ASTM C 150, Type I.
1. Use one brand of cement throughout project, unless otherwise acceptable to Architect.
B. Normal Weight Aggregates: ASTM C 33, and as herein specified. Provide aggregates from a single source
for exposed concrete.
C. Water: Drinkable.
D., Air-E:nra.iDing Admixture: ASTM C 260, certified by manufacturer to be compatible with other required
admixtures.
1. Available Products: Subject to compliance with requirements, products which may be incorporated in
the work include, but arc not limitc4 to, the following: .
a. W Air-Mixw; EUClid Chemical Co.
b. wSika Aerw; Sib Corp.
c. wMB_VR or MB_AEw; Master Builders Tcclmologies.
d. wDarex AEA W or wDaravairw; W.R. Grace.
e. wEdoco 2001 or 200r; Edoco Technical Products.
E. Water-Reducing Admixture: ASTM C 494, Typ~ A, and containing not more than 0.1 percent chloride ions.
1. Av3:ilable Products: Subject to compliance with requirements, products which may be incorporated in
the work iDc1ude, but arc not limited to, the following:
a. wWRDA HycolW; W.R. Grace.
b. wEucon WR-7Sw; Euclid Chemical Co.
c. wpozzolith Normalw; Master Builders Technologies.
d. wplastocretc 160w; Sib Chemical Corp.
c. wChcmIardw; Chem-Masters Corp.
f. wPro_Kete_NiI; Prou:x Industries. Inc.
F. High-Range Water-Reducing Admixture (Super Plasticizer): ASTM C 494, Type F or Type G and
containing not more than 0.1 percent chloride ioDS.
1. Available Products: Subject to compliance with rcquirem:nts, products which may be incorporated in
the work include, but arc DOt limited to, the following:
a. wWRDA 19w or wDaracem"; W.R. Grace.
b. wpSpw; Prote.~ Industries Inc.
c. wSuper pW; Anti.Hydro.
d. wSikamCIltw; Sib Chemical Corp.
e. wMighty lS0w; ICI Americ::lS Corp.
f. wEucon 37w; Euclid Chemical Co.
g. wRhe~buildw; Master Builders Technolo~es.
AlA.SIE7:SS195.28
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ConctC1C Work
Page 03310-4
G. Water.Reducing, Nou-Chloride Accelerator ."dmixmre: ASTM C 494, Type E, and containing not more
than 0.1 percent chloride ions.
1. Available Products: Subject to complianc: with requirements, products which may be incorporated in
the work include, but are not limited to, the following:
a. -Accelguard 80-; Euclid Chemical Co.
b. -Pozzolith High Early-; Master Builders Te:::hnologies.
H. Water.Reducin~ Retarding Admixn1re: ASTM C 494, Type D, and containing not more than 0.1 percent
chloride ions.
1. Available Products: Subject to compliance with rcquiremcnts, products which may be incorporated in
the work include, but are not limited to, the following:
a. -Edoco 20006 -; Edoco Tccl:inical Products.
b. -Pozzolith Retarder-; Master Builders Technologies.
c. -Eucon Re:arder 75-; Euclid Chemical Co.
d. -Daratard-; W.R. Grace.
e. -Plastimcnt"; Sika Chemical Co.
f. -Protard -; Protex Indusuies, Inc.
I. Prohibited Admixtures: Calcium chloride thyocyanates or admixtures containing morc than 0.1 percent
chloride ions are not permitted..
2.04 RELATED MATERIALS:
A. Vapor Retarder: Provide vapor retarder cover over prepared base material whete indicated below slabs on
grade. Use only materials which are resistant to decay when tested in accordance with ASTM E 154, as
follows:
1. Polyethylene sheet not less than 8 mils thick.
B. Non.Shrink Grout: CRD-C 621, factory pre-mixed ~
1. Available Products: Subject to compliance with requirements, products which may be incoIporated in
the work include, but are not limited to, the following:
a. Non-metallic
(1) -Set Grout-: Master Builders Tflf!hnnlogies.
(2) -Sonogrout-; Sonnebom Building Pmcluas Div., ChemRcx, Inc.
(3) -Euco-NS-; Euclid Chemical Co.
(4) -Crystcx-; L & M Const. .Chemical Co.
(5) -Sure-Grip Grout-; Dayton Superior Corp.
(6) -Homgrout-; A.C. Hom, Inc.
(7) -Five Star Grout-; U.S. Grout Corp.
AIA.S1E7:SS19S .28
Ci'YofLaPane...l-.
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, Concrete Work
Page 03310-5
C. Chemical Hard..-ner: Colorless aqueous solution containing a blend of magnesium fluosilicate and zinc
fluosilicate combined with a weaing agent, containing not less than 2 Ibs. of fluosilic:aIeS per gal.
1. Available Products: Subjca to compliance with requirements, products which may be incoIpomed in
the work include, but are not limited to, the following:
a. wSurfhardw; Euclid Chemical Co.
b. ;'Lapidolith.; Sonnebom Building ProdUcts Div., ChemRex, Inc.
e. wSaniscaIw; Master Builders Technologies.
d. -Burk-O-Uthw; The Burke Co.
D. . Moisture-Retaining Cover: One of the following, complying with ASTM C 171.
1. Waterproof paper.
2. Polyethylene film.
3. Polyethylene-coaIed burlap.
E. Liquid Membrane.Forming Curing Compound: Liquid type mc:D1brane.formmg curing compound complying
with ASTM C 309, Type 1, Class A. Mo~~e loss not more than 0.055 gr.Jsq. em. when applied at 200
sq ft.1 gal.
1. Available Products: Subjca to compliance with requirements, products which may be incorporated in
the work include, but are not limited to, the following:
a. wMasu:rscalw; Mastel' Builders Technologies.
b. W A-H 3 W~ Sealerw; Anti.Hydro Walerproofing Co.
c. wEcocarew; Euclid Chemical Co.
d. WClear Scalw; A.C. Ham, Inc.
e. W]_20 Acrylic Cure-; Dayton Superior.
f. WSpartan-CoteW; The Burke Co.
g. wSealkure-; Tach Div. - Carboline.
h. wKure-N-Sea1-; SODDebom Buhding Products Div., ChemRex, Inc.
i. WPolyclear-; Upco ChemicallUSM Corp.
j. wL&M Cure-; L &. M ConstrUCtion Chemicals.
k. wIOearseal-; SClcon Industries.
1. wLR-lSr; ProlCX Industries.
2.05 PROPORTIONING AND DESIGN OF MIXES:
A. Prepare design mixes for each type and strength of concrete by either laboratory trial batch or field
experience methods as specified in ACI 301. If trial batch method used, use an independent testing facility
acc...-ptable to ArchiteCt for preparing and reporting proposed mix designs. The testing facility shall not be
the same as used for field quality control testing.
B. Submit written reports to ArchiteCt and StTUaural Engineer of each proposed mix for each class of concrete
at least 15 days prior to start of work. Do not begin concrete production until mixes have been reviewed
by Architect. '
C. Design mixes to provide normal weight concrete with the following properties, as indicated on drawings and
schedules:
1. 3000 psi 28.oy cOmpressive strength; W/C ratio, 0.58 maximum (non-air-cnttained), 0.46 ma.ximuDt
(air-cntrained).
AlA.51E7 :SSI9S .28
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Page 03310-6
D. Adjustment to Concrete Mixes: Mix design adjustments may be requested by ContraCtor when characteristics
of materials, job conditions, weather, test results. or other circumstanc:i wmant; at no additional cost to
Owner and as accepted by Architect. Laboratory test data for reviS~ mix design and strength re.snlts must
be submined to and accepted by Architect before using in work.
E. Admixtures:
1. Use water-reducing admixture or high range water-reducing admixture (super plasticizer) in concrete
as required for plll~@!!]r and workability.
2. Use non~oride accc1erating admixture in concrete slabs plac:d at ambic:nt temperatUreS below 50 deg
F (10 de: C).
3. Use high-range waICI'-rcdncing admixtuI: in pumped concrete, concrete for industrial slabs.
architectural concrete, parking mucmre slabs. concrete required to be watertight. and concrete with
wm:er/ccmcm ratios below 0.50.
4. Use air-cntraining admixture in exterior exposed concrete. unless otherwise indicaICd. Add
air-em:raining lIdm;TfUt'C at manufactUI'CI"s prescribed rate to result in concrete at point of plac..-mf!!1f
having total ~ content with a tolerance of plus -or-minus 1.1/2 percent within following limits:
a. Concrete stnlCtU1'CS and slabs exposed 10 frcezii1g and thawing, deic:r chemicals. or subjected to
hydraulic pressure:
(1) 4.5 percent (moderate exposure); 5.5 percent (severe exposure) 1.1/2- max. aggregate. 4.5
pcrcc:nt (moderate exposure); 6.0 perceDl (severe exposure) 1- max.aggregate.
(2) 5.0 percent (moderate exposure); 6.0 percent (severe exposure) 3/4- max. aggregate.
(3) 5.5 perccm (moderate exposure); 7.0 percent (severe exposure) 1/2- 1DaX. aggregm:e.
b. Other Concrete (not exposed to freeziDg, thawing. or hydraulic pressure): 2 percent to 4 pcrcc:nt
air.
F. Water-Cement Ratio: Provide concrctc for following conditions with maximum watcr-ccment (W/C) ratios
as follows:
1. Subjected to freezing and thawing; W/C O.so.
2. Subjected to deicers/watertight; W/C 0.45.
G. Slump Limits: ProportiOL and design mixes to result in concrete slump at point of pla~~ as follows:
1. Ramps. slabs, and sloping surfaces: Not morc than 3-.
2. Reinforced foundatioD systemS: Not less tban 1- and not more than 3 - . .
3. Conctctc c:omaining HRWR admixture (supcr-plasticizcr): Not more than 8- after addition ofHRWR
to site-verified 2.-3. slump CODcrete.
4. Other concrete: Not less than 1- nor DIDlC than 4 - .
2.06 CONCRETE MIXING:
A. Ready-Mix Concrete: Comply with requirements of ASTM C 94, and as herein specified.
1. During hot weather, or under conditions comributing to rapid setting of concrete, a shoner mixing time
than specified in ASTM C 94 may be reqnircd.
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PART 3 . EXECUTION
3.01 GENERAL:
A. Coordinate the installation of joint materials and vapor I'Ctarders with plac:me:m of forms and reinfo::ing
steel.
3.02 FORMS:
A. Design fOImwork to be readily removable without impact, shock, or damage to cast-in-place concrete
surfaces and adjacent materials.
B. ' ConstrUCt forms to sizCs, shapes, tines, and dimensions shown, and to obtain accurarc alig1'lm~t, location,
grades, level and plumb work in fmished strUCtUres. Provide for openings, offsetS, sinkages, keyways,
recesses, moldings, rustications, reglets, chamfers, bloclc:ing, sc:reeds, bulkheads, anchorages and insertS,
and other featUres required in work. Use selected materials to obtain required finishes. Solidly bun joints
and provide back-up at joints to prevcm leakage of cem:nt paste.
C. Chamfer exposed comers and edges, using wood, metal, PVC, or rubber chamfer strips fabricated to
produce UDifOIm smooth lines and tight edge joints.
D. Cleaning and Tightening: Thoroughly clean forms and adjacent surfaces to receive concrete. Remove chips,
wood, sawdust, din, or other debris just before concrete is placed. Retightening foImS and braeing after
concrete plaCl'!"ll'!nr is required to ~1im;nlltl'! mortar leaks and mll,inrll;n proper alignmem.
3.03 VAPOR RETARDER. INSTALLATION:
, A. Lap joints 6W and seal with appropriate tape.
3.04 PLACING REINFORCEMENT:
A. Comply with Concrete Reinforcing Steel Instimte's reco~ded practice for WPlacing Reinforcing Barsw,
for details and methods of reinforcement placemenr and supports, and as herein specified.
1. Avoiding cutting or puncmring vapor retarder during reinforcement placement and concreting
operations.
B. Clean reinforcement of loose rust and mill scale, earth, ice, and other materials which reduce or destroy
bond with conc:n:te.
c. AccuraIe~y position, support, and secure reinforcement against displacement by formwork. construction, or
concrete plac..'"Il1enr operations. Locate and support reinforcing by metal chairs, nmners, bolsters, spac..-rs,
and hangers, as required.
D. Place reinforcement to obtain at least minimum cove:2ges for concrete protection. Arrange, spac:, and
securely tie bars and bar supports to hold reinforcement in position during concrete pllltemez:lt operations.
Set wire,ties so ends are directed into concrete, not toward exposed conc:n:te sunac:s.
E. Install welded Wire fabric in as long lengths as, pI"'a..""ticable. Lap adjoining pieces at le:lSt one full mesh and
lac: splices with Wire. Offset end laps in adjacent widIbs to prevent continuous laps in either dire:tion.
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3.05 JOINTS:
A. Construction Joints: Locate and install construction joints as indicated or, if not indicated, lOcale so as not
,to impair strength and appe3I'ance of the structure, as acceptable to ArchiteCt.
B. Provide ~cyways at least 1-112- deep in conmucUonjoints in walls, slabs, and between walls and footings;
accepted bulkheads designed for this purpqse may be used for slabs.
C. Place construction joints perpCDdi~ar to main reinforcement. Continue reinforcement across constrUCtion
joints, except ~ otherwise indicated.
D. Isolation Joints in Slabs-on-Ground: Construct isolation joints in slabs-on-ground at points of contact betwccn
slabs-on-ground and vertical surfaces, such as column pedestals, foundation walls, grade beams, and
c:lscwhcrc as indic:atcd.
1. Joint filler and sealant maICrlals arc specified in Division-7 sections of these specifications.
E. Contraction (Comrol) Joints in Slabs-on.Grounci: Construct contraction joints in slabs-on-ground to form
panels of panems as shown. Use saw CUIS 118- x 114 slab depth or inserts 1/4- wide x 1/4 of slab depth,
unless otherwise indicaIed.
F. Form contraction joints by inserting pre:noldcd plastic, hardboard or fiberboard strip into fresh concrete until
top surface of snip is flush with slab surface. Tool slab edges round on each side of insert. After concrete
bas cured, remove inserts and clean groove of loose debris.
1. Contraction joints in unexposed floor slabs may be formed by saw cuts :IS soon as possible after slab
m,;o:n;11g as may be safely done "NithOUl dislodging agg:tCgar.c.
2. If joint panem not shown, provide joints not exceeding IS' in either direction and located to conform
to bay spacing wherever possible (aEcolumn centerlincs, half bays, third-bays).
3. Joint sealant material is specified in Division-7 sections of these specifications.
3.06 ,INSTAllATION OF EMBEDDED ITEMS:
A. General: Set and build into work anchorage devices and other embedded itemS required for other work that
is lIrr:lt"bed to, or supponcd by, cast-in-place concrete. Use scning drawings, diagrams, instrUCtions, and
directions provided by suppliers of items to be attached thereto.
B. Edge Forms and Screed Strips for Slabs: Set edge forms or bulkh~ds :md intennediate screed strips for
slabs to obtain required elevations and contours in finished slab surface. Provide and secure units sufficiently
strong to suppon tYPes of screed strips by use of strike-off templates or accepted compacting type scr=ds.
3.07 PREPARATION OF FORM SURFACES:
A. Clean re-used forms of concrete matrix residue, repair and patch as required to return forms to acceptable
surface condition.
B. Coat contact surfaces of forms with a form-coating compound before reinforcement is placed.
C: Thin form-coating compounds only with thinning agent of type, amount, and under condiuons of
form-coating compound manufacturer's directions. Do Dot allow excess form-coating mat:rial to acroumulite
in forms or to come into contact with in-place concrete surfac:s against which fresh concrete will be placed.
Apply in compliance with manufactu..PCf'S instructions.
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3.08 CONCRETE PLACEMENT:
A. PreplacemcDl Inspection: Before placing concrete, inspect and "ccimplete fcrm~ork installation, reinforcing
steel. and items to be embedded or cast-in. Notify other crafts to permit installation of their work; COOperaIe
with other trades in setting such work. Moisten wood forms immediately before placing concrete where form
coatings are not used.
1. Apply temporal}' protective covering to lower 2' of fInished walls adjac:nt to poured floor slabs and
similar conditions. and guard against spattering during placement.
;
B. General: Comply with AC1304 wRecommended Practice for Measuring, Mixing, Transporting, and Placing
Concrete -. and as herein specified.
1. Deposit concrete continuously or in layers of such thiclc:ncss that no concrete will be placed on concrete
which has hardened sufficiently to cause the formation of scams or plancs of weakness. If a section
cannot be placed continuously, provide constrUction joints as herein specified. Deposit concrete as
nearly as practicable to. its final location to avoid segregation. '
C. Placing Concrete in Forms: Deposit concrete in forms in horizontal layers not deeper than 24. and in a
manner to avoid inclined constrUction joints. Where placement consists of several layers, plac: :ach layer
while preceding layer is still plastic to avoid cold joints.
D. Consolidate placed concrete by mechanical vibrating equipment supplemented by hand-spading, redding, or
tamping. Use equipment and procedures for consolidation of concrete in accordance with ACI 309.
E. Do not use vibrators to transpon concrete inside forms. Insert and withdraw vibrators vertically at unifor.m1y
spaced locations not farther than visible effectiveness of mllt"j,ine. Place vibrators to rapidly pe:nettale placed
layer and at least 6- into prec..-ding layer. Do not insert vibrators into lower layers of concrete that have
begun to set. At each insertion limit duration of vibration to time nct'essaty to consolidate concrete and
complete embedment of reinforc:ment and other embedded items without causing segregation of mix.
F. Placing Concrete Slabs: Deposit and consolidate concrete slabs in a continuous operation. within limits of
constrUction joints. U1itil the placing of a panel or section is completed.
G. Consolidate concrete during placing operations so that concrete is thoroughly worked around reiniorc::ment
and other embedded items and into comers.
H. Bring slab surfaces to correct level with straightedge and strikeoff. Use bull floats or darbies to smooth
surfac:, free of humps or hollows. Do not disturb slab surfaces prior to beginning finishing operations.
I. Maintain reinforcing in proper position during concrete plac..-ment oper.nions.
J. Cold W~ Placing: ' Protect concrete work from physical damage or reduc:d strength which could be
caused by frost. freezing actions, or low temperatures. in compliance with ACI 306 and as herein specified.
1. When air temperatUre has fallen to or is expected to fall below 40 deg F (4 deg 0, uniformly heat
water and aggregatCS before mixing to obtain a concrete mixture tcmpcr.ttUI'e of not less than 50 deg
F (10 deg C). and not more than 80 deg F (27 deg C) at point of placement.
K. Do not use frozen materials or materials ::ontaining ice or snow. Do not place concrete on frozen subgrade
or on subgrade containing froz:n materials.
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L. Do not use calcium chloride, salt. and other ~terials containing antifreeze ~gents or cheImca1 accelerators,
unless otherwise accepted in mix designs.
M. Hot Weather Placing: When hot weather conditions exist that would seriously impair quality and strength
of concrete, place concrete in compliance with ACI 305 and as herein specified.
N. Cool ingredients before mixing to maintain concrete temperature at time of placement below 90 deg F (32
deg C). Mixing water may be chilled, or chopped ice may be used to control temperatUre provided water
equivalent of ice is c:lculated to total amount of mixing water. Use of liquid nitrogen to cool concrete is
Contractor's option.
o. Cover reinforcing steel with water-soaked burlap if it becomes too hot, so that stecl temperature will Dot
exc..-ed the ambient air temperature iDmlediately before embedment in concrete.
1. Fog spray forms, reinforcing steel, and subgrade just before concrete is placed.
P. Use water-reducing retarding admixture (Type D) when required by high temperamres, low humidity, or
other adverse placing conditions.
3.09 FINISH OF FORMED SURFACES:
A. Rough Form FInish: For formed concrete surfaces not exposed-to-view in the finish work or by other
coDStrtlCtion, unless otherwise indicated. This is the concrer; surface having texture imparted by form facing
material used, with tie holes and defective areas repaired and patched and fins and other projections
~g 1/4. in ,height rubbed down or chipped off.
B. Smooth Form Fmish: For formed concrete surfaces exposed-to-view, or that are to be covered with a
coating material applied directly to concrete, or a covering material applied directly to concrete, such as
waterproofing, dampproofing, veneer plaster, painting, or other similar system. This is as-cast concme
surface obtained with selected form facing material, arranged orderly and symmetrically with a minimum
of seams. Repair and patch defective areas with tins or other projections completely removed and smoothed.
C. Smooth Rubbed Finish: Provide smooth rubbed finish to scheduled concrete surfaces, which have received
smooth form finish treatment, not later than one day after form removal.
1. Moisten CODcrete surfaces and rob with carborundum brick or other abrasive until a uniform color and
texture is produced. Do DOt apply cement grout other than that created by the robbing process.
D. Grout Cleaned Finish: Provide grout cleaned finish to scheduled concrete surfaces which have received
smooth form finish treatment. '
1. Combine one part portland ccmc:nt to 1-1/2 pans fine sand by volume, and mix wirp. Water to
consistency of thick paint. Propriewy additives may be used at Contractor's option. Blend standard
ponland cement and white portland cement, amounts determined by trial patches, so that final color of
dry grout will match adjacent surfaces.
2. Thoroughly wet concrete surfai::s and apply grout to coat surfaces and fill small hoies. Remove excess
grout by scraping and rubbing with clean burlap. Keep damp by fog spray for at least 36 hours after
rubbing.
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E. Related Unformed Surfaces: At tops of walls, horizontal offsets, and similar unformed surfaces occurring
adjacent to formed surfaces, strike-off smooth and fInish with a textUre mart"hiug adjacent formed surfac:s.
Continue fmal surface treatment of formed surfac:s uniformly across adjacent unformed surfaces, unless
otherwise indicated.
3.10 MONOLITHIC SLAB FINISHES:
A. Trowel Fmish: Apply trowel finish to monolithic slab surfaces to be exposed-to-view, and slab surfaces to
be covered with resilient flooring, carpet, ceramic or quarry tile, paint, or other thin film finish coating
system.
1. After floating, begin first uowel finish operation using a power-driven uowel. B~gin final troweling
when surface produces a ringing sound as uowel is moved over surface. Consolidate concrete surfac:
by final hand-uowe1ing operation. free of uowe1 marks, uniform in texture and appearance. and with
surface leveled to tolerances of Fp 20 - FL 17. Grind smooth surface defects which would telegraph
through applied floor covCIjng system.
B. Trowel aDd Fine Broom Finish: Where ceramic or quarry tile is to be installed with thin-set monaro apply
trowel finish as specified, then immediately follow ~th slightly scarifying surface by fine brooming.
c. Non-Slip Broom Fmish: Apply non-slip broom finish to exterior concrete platforms, steps. and ramps, and
elsewhere as indicated.
1. ~alely after float tinhlhing, slightly roughen concrete surface by brooming with fiber bristle
broom perpendicular to main traffic route. Coordinate required final finish with Architect before
application.
3.11 CONCRETE CURING AND PROTECTION:
A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatUreS.
1. Start initial curing as soon as free water has disappeared from concrete surface after piacing Ind
finishing. Weather permitting, keep continuously moist for not less than 7 clays.
2. Begin final curing procedures ;,mnl'!tfiately following initial curing and before concrete has dried.
Continue fiDal curing for at least 7 days in accordance' with ACI 301 procedures. Avoid rapid drying
at end of final curing period.
B. Curing Methods: Perform curing of concrete by curing and scaling compound, by moist Curing, by
moisture-retaining cover curing. or by combinations thereof, as herein specified.
c. Provide moisture curing by following methods.
1. Keep concrete surfac~ continuously wet by covering with water.
2. Continuous water-fog spray.
3. Covering concrete suriac: with specified absorptive cover, thoroughly samrating cover with water and
keeping continuously wet. Place absorptive cover to provide coverage of concrete surfaces and edges.
with 4;' lap over adjacent absorptive covers.
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D. Provide moisture-<:ove:' curing as follows:
1. Cover concretc surfaces with moisture-retaining cover for curing concrete, plac:d in widest practicable
width with sides and ends lapped at least 3. and sealed by waxerproof tape or adhesive. Immediatcly
repair any holes or tears during curing period using cove:, material and waterproof tape.
E. Provide curing and sealing compound to exposed interior slabs and to exterior slabs, walks, and curbs, as
follows:
1. Apply spcci:fied curing and se:iling compound to concrete slabs as soon as final finishing operations are
complete ("{ithin 2 hours). Apply uniformly in continuoU! operation by power.spray or roller in
accordance with manufac:tUI'Cr's directions. Recoat areas subjected to heavy rainfall within 3 hours after
initial application. Maintain continuity of coating and repair damage during curing period.
2. Do not use membrane curing compounds on surfaces which are to be covered with coating material
applied directly to concme, liquid floor hardener, waIerproofing, dampproofing, membrane roofing,
flooring (such as ceramic or. quarry tile, gluc-doWD carpet), painting, and other coatings and finish
materials, unless otherwise ac:eptable to Architect.
F. Curing Formed Surfaces: Cure formed concrete surfac:s, including undersides of beams, supponed slabs,
and other similar surfaces by moist curing with forms in place for full curing period or until forms are
removed. If forms are removed, continue curing by methods specified above, as applicable.
G. Curing Unformed Surfaces: Cure unformed surfaces, such as slabs, floor topping, and other flat surfaces
by application of appropria1e curing method.
.- I. Final cure concrete surfaces to receive liquid floor hardener or finish flooring by use of
moisture-retaining cover, unless otherwise directed.
H. Sealer and DustpTOOfer: Apply a second coat of specified curing and sealing compound only to surfaces
given a first coat.
3.12 REMOVAL OF FORMS:
A. Formwork not supporting weight of concrete, such as sides of beams, walls, columns, and similar parts of
thc work, may be removed after cumuladvely curing ax not less than 50 deg F (10 deg q for 24 hours after
placing COUCI'Cre. provided concrete is suffi~y hard to not be damaged by form removal operations, and
provided curing and proteetion operations are maintained.
B. Formwork supporting weight of concrete, such as beam soffits, joists, slabs, and other strucmral elements,
may not be removed in less than 14 days and until concrete has attained design minimum compressive
strength at 28 days. Dcrerminc potential compressive strength of in-place concrete by testing field-cured
spl'!t!imens representative of concrete location or members.
C. Form facing material may be removed 4 days after placement, only if shores and other vcrticaI supportS have
be:n arranged to permit removal of fom facing material without loosening or disturbing shores and supportS.
3.13 RE-USE OF FORMS:
A. Ccan and repair surfaces of forms to be rc.used in work. Spiit. frayed, de1aminaled. or otherwise damaged
form facing matcrial will not be acceptable for e.~osed surfaces. Apply new form coating compound as
specified for new formwork.
AlA.S/Ei:SSI95.28
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B. When forms are extended for successive concrete plac..-ment, thoroughly clean surfac::s, remove fins and
lait:lI1ce, and tighten forms to close joints. Align and secure joint to avoid offsets. Do not use .patched.
forms ior exposed concrete surfaces, except as acceptable to Architect. '
3.14 MISCELLANEOUS CONCRETE ITE.~S:
A. Filling-In: FIll-in holes and openings left in concrete st:nJCtUreS for passage of work by other trades, unless
otherwise shown or directed~ after work of other trades is in place. Mix, place, and cure concrete as herein
specified, to blend with in-place conmuction. Provide other miscellaneous concrete filling shown or required
to complete work.
B. . Curbs: Provide monolithic finish to interior curbs by suipping forms while concrete is still green and
steel.U'OweliDg surfaces to a hard, dense finish with comers, intersections, and terminations slightly rounded.
C. Equipment Bases and' Foundations: Provide machine and equipment bases and foundations, as shown on
drawings. Set anChor bolts for machines and equipment to template at com:ct elevations, complying with
e--rtified diagrams or templates of manufacturer furnishing mllt"n;nes and equipment.
D. Grout base plates and foundations as indicated, using specified non-shrink grout. Use non.metallic grout for
exposed conditions, unless otherwise indicated. .
E. Steel Pan Stairs: Provide concrete fill for steel pan stair treads and landings and associated items. Cast-in
safety inserts and accessories as shown on drawings. Screed, tamp, and finish concrete surfaces as
scheduled.
F. Rcinforc:d Masomy: Provide concrete grout for reinforced masomy linlels and bond beams where indicated
on drawings and as scheduled. Maintain accurate location of reinforcing steel during concrete placement.
3.15 CONCRETE SURFACE REPAIRS:
A. Patching Oefective Areas: Repair and patch defective areas with cement monar immediately after removal
of forms, when acceptable to ..\rchitect.
1. Cut out honeycomb, rock pockets, voids over 114. in any dimension, and holes left by tie rods and
bolts, down to solid conCi:ete but, in DO case to a depth of less than I.. Make edges of cuts
pe:pendicu1ar to the concrete surface. Thoroughly clean, dampen with water, and brush-coat the area
to be patched with specified bonding agent. P1a= patching monar after bonding compound has dried.
B. For exposed-to-vicw surfaces, blend white ponl:md c..-ment and standard ponland cement so ~, when dry,
patching monar will mateh color surrounding. Provide teSt areas at inconspicuous location to'verify mixture
and color,malch before proce:ding with patching. Compact monar in place and strlke-off slightly higher
than SUI'l'Ounding surfac:. :
C. Repair of Fotmed Surfaces: Remove and replace concrete having defective surfaces if defects cannot be
repaired to satisfaction of Architect. Surface defects, as such, include color and tcxUlre irregularities, cracks,
spalls. air bubbles, honeycomb, rock pockets; fins and other projections cn surface; and stains and ather
discolorations that cannot be removed by cleaning. Flush out form tie holes, fill with dry pack monar, or
prec:1St c::ment cone plugs secured in place with bonding agent.
D. Repair concealed formed surfaces, where possible, that contain defects that affect the durability of concrete.
If defects cannot be repaired, remove :md replace concrete.
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. '.. .
E. Repair of Unformed Surfaces: Test unformed surfac:s. such as monolithic slabs, for smoothness and verify
surface plane to tolerances specified for each surface and finish. Correct low and high areas as herein
specified. Test unformed surfaces sloped to drain for trUeness of slope. in addition to smoothness using a
template having required slope.
F. Repair finished unformed surfaces that contain defects which affc::t durability of concrete. Surface defects,
as such, include crazing, cracks in e;:.cess of 0.01- wide or which penetrate to reinforcement or completely
through non-reinforced sections regardless of width. spalling, pop-outs, honeycomb, rock pockets, and other
objectionable conditions. '
G. Correct high ar?S in unformed surfaces by grinding, after concrete has cured at least 14 days.
H. Correct low areas in unformed surfaces during or immediately after completion of surface finishing
operations by cutting out low areas and replacing with fresh concrete. Finish repaired areas to blend into
adjacent concrete. Proprietary patching compounds may be used when acceptable to Architect.
I. Repair defective areas. except random cracks and single holes not exce:ding 1- diameter. by cutting out and
replacing with fresh concrete. Remove defective areas to sound concrete with clean. square cuts and expose
reinforcing ste:1 with at least 3/4 - clearance all around. Dampen concrete surfaces in contact with patching
concrete and apply bonding compound. Mix patching concrete of same materials to provide concrete of same
type or class as original concrete. Plac:. compact. and finish to blend with adjacent fInished concrete. Cure
in same manner as adjac:m concrete.
1. 'Repair isolated random cracks and single holes not over 1- in diameter by dry-pack method. Groove top
of cracks and cut-out holes to sound c:oncretc and clean of dust, dirt. and loose particles. Dampen cleaned
C011crete surfaces and apply bonding compound. Mix dry-pack, consisting of one part portland cement to
2-1/2 partS fine aggregate passing a No. 16 mesh sieve. using only enough water as required for It:lnrmng
and placing. Place dry pack after bonding compound bas dried. Compact dry.pack mixture in place and
finish to match adjacent concrete. Keep patched area Continuously moist for not less than 72 hours.
K. Perform structUral repaUs with prior approval of Architect or StructUral Engineer for method and procedure.
using specified epoxy adhesive and monar.
L. Repair methods not specified above may be used, subject to acceptance of Architect.
M. Underlaymem Application: Leveling of floors for subsequent finishes may be achieved by use of specified
underlayment material.
3.16 QUALITY CONTROL TESTING DURING CONSTRUCTION:
A. The Own=r will employ a testing laboratory to perform testS and to submit test reports.
B. Sampling and testing for quality controi during placement of concrete may include the following: as directed
by Architect.
C. Sampling Fresh Concrete: ASTM C 172. except modified for slump to comply with ASTM C 94.
1. Slump: ASTM C 143; one test at point of discharge for each day's pour of each type of concrete;
additional tests' wh::1 concrete consistcney seems to have changed.
2. Air Content: ASTM C 173'. volumetric method for lightweight or normal weight concrete; ASTM C
231 pressure method for normal weight concrete; one for each day's pour of each type of air-entrained
concrete.
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3. Concrete T:~peramre: T:st hourly when air temperatUre is 40 deg F (4 deg C) and below, and when
80 deg F (27 deg C) and above; and each time a set of compression test specimens made.
4. Mat Concrete Hc:lt Gene:-atit'g Testing:
a. Testing Laboratory will submit a proposed method for continuous testing of the concrete
temperatUres occurring during the placement of the building co~crete mat for Strucmra1 Engineer's
approval.
b. Testing laboratory will provide such testing and shall report the results thereof and promptly notify
Contractor, Architect, and Project Manager of changes from predetermined acceptable values.
5. Compression Test Specimen: ASTM C 31; one set of 4 standard cylinders for each compressive
strength test, unless otherwise directed. Mold and store cylinders for laboratory cured test specimens
except when field-curc test specimens are required.
6. Compr:ssive Strength Tests: ASTM C 39; one set for each day's pour exceeding 5 cu. yds. plus
additional sets for each 50 cu. yds. over and above the fim 2S cu. yds. of each concrete class placed
in anyone day; one spetimcn tested at 7 days, two specimens tested at 28 days, and one specimen
retained in reserve for laler testing if required.
a. When frequency of testing will provide less than 5 strength tests for a given class of concrete,
conduct testing from at least 5 randomly selected batches or from each batch if fewer than 5 arc
~ed.
b. When total quantity of a given class of concrete is less than 50 cu. yds., strength test may be
waived by Architect if, in his judgement, adequate evidence of satisfactory strength is provided.
c. When strength of field-cured cylinders is less than 8S percent of companion laboratoty-cured
cylinders, cvabwe current operations and provide corrective procedures for protccting and curing
the in-place COncrete.
d. Strength level of concrete will be considered satisfactoty if averages of sets of three consecutive
, strength test results equal or exceed specified compressive strength, and no individual strength test
result falls below specified compressive strength by more than 500 psi.
D. Test results will be reoorted in writing to Architect, Structural Engineer and Contractor within 24 hours after
testS. Repons of co~ressive strength tests shall contain the project identification name and number, date
of concrete placement, name of concrete testing service, concrete type and class, location of concrete batch
in structure, design compressive strength at 28 days, concrete mix proportions and mareria1s; compressive
breaking strength and type of break for both 7-day tests and 28-day tests.
E. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device may be permitted but
shall not be used as the sole basis for acc:ptancc or rejection.
F. Additional Tests: The testing service will make additional tests of in.place concrete when test results indicale
specified concrete strengtlis and other characteristics have Dot been anained in the st{Ucture, as directed by
Architect.' Testing service may conduct tests to determine adequacy of concrete by cored cylinders
complying with ASTM C 42, or by other methods as directed. Contractor shall pay for such tests when
unacceptable concrete is verified.
END OF SECTION 033 iO
AIA.5IEi:SSI95.28
City of La potte__
9257 '
e
Unit Masonry
Page 04200-1
SECTION 04200 - UNIT MASONRY
A. General:
1. Unit Masonry Standard: Compiy with ACI S30.1/ASCE 6 .Specifications for Masonry StIUctures,.
exc:pt as othcrwisc indicated.
1. Rcvisc ACI 530.lIASCE 6 to exclude Sections 1.4 and 1.7; Pans 2.1.2, 3.1.2, and 4.1.2; and
Articles 1.5. i .2, 1.5.1.3, 2.1.1.1, 2.1.1.1, and 2.3.3.9 and to modify Anicle 2.1.1.4 by deleting
requirement for installing vent pipes and conduits built into masonry.
2. Submittals: In addition to product data for each differcut masonry unit, accessory, and manufactured
product indicated, submit thc following:
a. Shop drawings for reinforcing detailing fabrication, bending, and placement of unit masonry
reinforcing bars.
b. Samples of each different cxposed masonry unit, colored masonry mortar, and accessories.
c. Material certificatcs for each different masonry product required.
3. Field-ConstrUcted Moc:k-Ups: Prior to installation of unit masonry, crect sample wall panel of typical
~rior unit masonry wall of size and in location indicated.
B. Products:
1. Cay Masonry Units: Comply with the following requirements:
a. Provide special molded shapes for applicatiQ,ns requiring brick of fOIm, color, textUre, and size
, on exposed surfaces that caunot be produced by sawing standard brick sizes or where stretcher
units caunot accommodate special conditions.
b. Providc units withom cores 0:' frogs and with all exposed surfaces finished for ends of sUls, caps,
and similar exposed applications that expose brick surfaces 'that otherwise would bc conc:aled
from view.
c. Face Brick: SF A F Rcg Modular manufactured by Henderson Brick, to match City of La Pone
Rccrea1ion Center.
2. Concrete Masonry Units: Comply with requirements indicated below applicable to each f')Im of
concrete masonry unit required.
a. Provide special shapes where indicated and as follows:
(1) For lintelS, comers, jambs, sash, control joints, headers, bond~g, and other special
conditions.
(2) Square-edgcd unitS for outside comers. except where indicated as bullnose.
b. Size: Manufactured to specified dimensions of 3/8 inch less than nominal widths by nominal
hcights by nominal lengths indicated on drawings.
c. Provide Type I, moisture-controlled units.
d. 'Exposed Fac:S: Manufacnm:r's standard color and texture, unless otherwise indicated.
(1) Split-face unitS with special aggregatc, limestonc, matching cola:" and textUre of approved
, sample.
SIN1:SSI9S.28
City of La Pone
9257
e
Unit Masonry
Page 04200-2
3. Monar and Grout Materials: As follows:
,.
a. Ponland Cement: ASTM C ISO, Type lor II, e.~ccpt Type m may be used for cold-weather
consauction. Provide namral color or white cement 3S required to produce required mortar color.
b. Hydrated time: ASTM C 207, Type S.
c. Aggregate for Monu: ASTM C 144. except for joints less than 1/4 inch use aggregate graded
with 100 percent passing the No. 16 sieve.
d. Aggregate for GroUt: ASTM C 404.
e. Colored Monar Pigments: Natural and synthetic iron oxides and chromium oxides, compounded
for use in monar mixes. Use only pigments with record of satisfactory performance in masonry
monars.
f. Water: Clean and potable.
4. Reinforcing Steel:
a. Steel Reinforcing Bars: Billet steel complying with ASTM A 615.
(1) Grade 60 for No.3 to No. 18.
5. Horizontal Joint Reinforcing and Ties: Provide welded wire units prefabricated in straight lengths of
not less than 10'. Provide prefabricated tD:lfl"n;,,! comer (-t -) and intersecting (WT-) units. Fabricate
from cold-drawn steel wire complying with ASTM A 82, with defo:.:ned continuous side rods and plain
cross rods, into units with widths of approximately 2 - less than nominal width of walls and partitions
as required to position side rods for full embedment in monar with mortar coverage of not less than
5/8- on joint faces exposed to exterior aDd not less than lIr elsewhere. Fabricate from 9 gage hot-
dipped galvanized after fabrication. Joint reinforc...-ment in exterior wa1ls shall be hot-dipped galvanized
in accordance with ASTM A 153, Class B2 (1.50 oz. per sq. ft.).
a. For single wythe concrete masonry unit walls, provide ladder type with perpendicular cross rods
spaced at 16- o.C.
6. Anchors and Ties: Provide anchors and ties as specified below with all components hot-dipped
galvanized after fabrication. WIre ties or anchors in exterior walls completely embedded in monar or
grout, shall be hot dipped galvanized in accordance with ASTM A 641, Class 3 (.80 oz. per sq. ft.).
WIre ties or anchors in exterior walls Dot completely embedded in mortar or grout shall be hot-dipped
galvanized in accordance with ASTM A 153, Class B2 (1.50 oz. per sq. ft.). Size ties to extend to
within 3/4 - of outSide fac:: of brick vene:r.
a. Masonry Veneer Anchors at Metal Stud Back-Up Construction: Flexible two-piece anchors
consisting of 3/16w dbm~ trapezoidal shaped wire ties and 16 gage m;nhnl1m steel'strap
designed for screw ~tf:ll"nment into metal stud framing.
(1) Acceptable products include Hohmann &. Barnard -DW-I0., or Our-O-wal, Inc. -D/A213w.
b. Masonry Anchors to Sttucmral Stc::l: Flexible two-piece anchors consisting of 3/16- diameter
trapezoidal shaped wire, ties and 5/16- diameter wire anchors designed to be welded to strucmral
steel.
(1) Furnish wire anchors to steel fabricator for shop welding.
(2) Acceptable products include Hohmann &. Barnard -359NWT- , Dur-O-wal, Inc.
-D/A7101D/A709.70S-, or Hl't"l-m:lnn Building Products, Inc. -3151316-.
51N 1 :SS195 .28
City of La pone~
9257
e
Unit Masomy
Page 042~-3
7. Embedded Flashing Materials:
a. Asphalt Impregnated Fabric: Closely woven fiberglass fabric coated both sides with asphaltic
compound; min. 40 oz.lsq. yd., capable oC-sh3Ip, 900 bends without cracking at tcmpcramr:s
down to 30oF, as manufactUred by Wasco, Afco, Sandell, or approved equal.
b. Flashing Cement: FS SS-C-153b, Class S, that adheres permanently to all common constrUCtion
materials and the flashing material.
8. Miscellaneous Masonry Accessories: As foUows:
a. Premo1ded Expansion Joint Filll::': Closed cell polyethylene foam material with a density of :f: 2
psf. and shall be compatible with specified sealams. Acceptable products include Dow Chemical
.Ethafoam. and Williams Products Inc. .Expand-O-Foam 1380 Series-.
b. CODSttUction Joint Filler: Closed cell expanded neoprene foam. material with a density of 15 to
35 psf. flame resistant. and compatible with most sealants. Ac:eptable products include IDbtUCk:.
Inc. .Will-Seal 150. and Rubatex Corp. -R-1800-FS-.
9. Mortar and Grout Mixes: Do not add' ~"'tUres 'unless otherwise indicated. Do not use calcium
chloride in mortar or grout.
a.
Mortar for UQit Masonry: ASTM C 270, Proportion Specification. for types of mortar indicated
below:
(1) Limit cemfl'J:ltitious materials in mortar to portland cement-lime.
(2) For exterior, above-grade' loadbcaring and nonloadbearing walls and parapet walls. for
imerior loadbearing walls, for interior nonloadbearing partitions, reinforced unit masonry,
and for other applications where another type is not indicated, use Type S.
(3) Colored Pigmented Mortar: Select and proportion pigments with other ingredienrs to
produce color required.
C. Execution:
1. Comply with referenced unit masonry standard and other requiremcnrs indicated applicable to each type
of installation included in Project. .
2. Layout walls in advance for accurate spacing of surface bond panems with uniform joint widths and
for accurately locating openings. movement-type joints, returns, and offsets. Avoid the use of
less-than-half-size units at comers, jambs. and where possible at other locations.
3. Lay up walls to comply with specified consauction tolerances, with courses accurately spaced and
coordinated with other construction.
4. Bond Pattem fot Exposed Masomy: Lay exposed masonry in bond pattem indicated; do not use units
with less than nominal 4-inch horizontal face dimensions at comers or jambs..
5. Built-In Work: As consuuction progresses, build in items specified under thiS and other Sections of
the Specifications. Fill in solidly with masonry around built-in it:ms.
a. Fill space between hollow metal fram:s and masonry solidly with mortar, unless otherwise
indicated.
6. Keep cavities/~ spaces cle:m of mortar droppings and other materials during constroaion. Strikcjoims
facing cavities/air spaces flush.
7. Install embedded flashing and we:p holes in !I13SOnry at shelf angles, lintels, ledges, other obStrUctions
to the dOWIlward flow of water in the wall, and where indic:ued. .
8. Remove and replace loose, chipped, broken, stained, or otherwise damaged masonry units.
SIN 1 :55195 .28
City of La Pone_
9257 ~
e."
Unit Masonry
Page 04200-4
9. Pointing: Owing the tooling of joints, enlarge any voids or boles, except w=p boles, and completely
fll1 with mortar.
10. Final Cleaning: After mortar is thoroughly set and cured, clean exposed masonry by first rc:noving
large mortar particles by haDd with wooden paddles and nonmetallic scrape hoes or chisels before
proceeding as follows:
a. Test cle:ming methods on sample wall panel; leave 1/2 panel uncleaned for comparison purposes.
b. Protect adjacent stone and nonmasonry surfaces from contact with cleaner.
c. Wet waIl surfaces with water prior to application of cleaners; remove cleaners promptly by rinsing
thoroughly with clear water.
d. Cleu brick by means of bucket and blUSh band-cleaning method described in BIA -Te:lmical
Nate No. 20 Revised- using masonry cleaner which will not damage or discolor masonry or
manu and approved by manufacturer of masonry units being cleaned.
e. Clean concrete masonry by means of cleaning method indicated in NCMA TEl( 45 applicable to
type of stain present an exposed surfaces.
END OF SECTION 04200
SlNl :55195 .28
City of La Pone
9257
II ') I I
I ,j I
e
Strucmral Steel
Page 05120-1
SECTION 05120 - STRUCTURAL STEEL
A. General
1. Member and connection details shown are typical; similar details apply to similar ::Jnditions, unless
otherwise indicated. Veriiy dimensions at site whenever possible without causing delay in the work.
Promptly notiiy Architect whenever design of members and connections for any portion of strUctUre
are not clearly indicarcd.
2. Employ a testing labOratory, experie:J.ced in testing structUral steel materials and welder c..-nification
;testing, to perform material and welder certification tests.
a. Local Stock Structural Ste:l: Provide 1 tensile test a:ld 1 bend test for each 10 tons, or fraction
thereof, of maIeria1 of known heat or melt numbers and known mill analysis test. Test and stamp
each piec: of high strength local stock steel.
b. Arrange with the testing laboratory for the certification and recertification of all welders in
accordance with A WS 01.1.
3. Engineering Responsibility: Engage a fabricator who ctilizcs a qualified professional engineer to
prepare Shop Drawings, and other suucmral data. for strUctUral steel connections.
4. Submittals: In addition to Produa Data. and mill test reportS on strucmral steel and bolts, submit Shop
Drawings detailing fabrication of strUCtUral steel components, including connections, splices, holes,
welds, and bolts.
5. Comply ~th applicable provisions of the following specifications and documents:
a. AlSC's .Specification for Snuaural Steel Buildings-Allowable Stress Design and Plastic Design. ·
b. ASTM A 6 (ASTM A 6M) .Specification for General Requirements for Rolled Steel Plates,
Shapes, Sheet Piling, and Bars for SttuctUral Use..
c. Research Council on Saiu:tura1 Connections' (RCSC) .Specification for Structural Joints Using
ASTM A 325 or A 490 Bolts. ·
6. Welding Standards: Comply with applicable provisions of AWS D1.1 .Structural Welding Code-
Steel. ·
a. Present evidence that each welder has satisfactorily passed A WS qualification tests for welding
proc=ses involved and, if pertinent, has undergone recertification.
b. Short circuit transfer for the gas metal arc welding process is not permitted.
7. Store materials to permit C3S'J access for inspection and identification. Keep steel members off ground
by using pallets, platforms, or other supportS. Protect steel members and packaged materials from
erosion and deterioration.
a. Store fast~ in i1 protected place. Clean and relubricate bolts and nuts!that become dry or l1lStY
before use.
B. ProduCts
1. StrUctural Steel Shapes, Plates, and Bars: ASTM A 36 (ASTM A 36M), carbon steel.
2. Structural Steel Shapes, Plates, and Bars: ASTM A 572 (ASTM A 572M), Grade 50. high-strength.
low-alloy columbium-:vanadium steel.
3. Cold-Formed Structural Su::l Tubing: ASTM A 500, Grade B.
4. Anchor Rods, Bolts, Nuts: ASTM A 36 (ASTM A 36M). unheaded rods.
5. Anchor Rods, Bolts, Nuts: ASTM A 325 (ASTM A 325M), h:aded bolts, Type 1, heavy hex stc:1
snucmral bolts and heavy hex carbon-steel nuts.
S05120-11/N4:SS19S.28
City of La Porte_
9257 --.--
e
Stnlctural Steel
Page 05120-2
6. Nonhigh-Strength Bolts, NUts, and Washers: ASTM A 307, Grade A (ASTM F 568, Property
Class 4.6); carboD-stel, hex-head bolts; carDoD-stel nuts; and flat, unhardened steel washers,
uncoated.
7. High-Strength Bolts, Nuts, and Washers: ASTM A 325 (ASTM A 325M), Type I, heavy hex stel
strUctural bolts, heavy hex carbon-st~l DUts, and hardened carDoD-steel washers, uncoated..
8. Primer: SSPC-Paint 25; red ireD oxide, zinc oxide, raw linseed oil and alkyd primer.
9. Nonmetallic, Shrinkage-Resistant Grout: Premixed, ASTM C 1107, of consistency suitable for
application.
10. FabricatioD: FabricaIe and assemble strUCtUral steel in shop to greateSt extent possible. Fabricate
strUctural steel according to AISC specifications referenced in this Section and in Shop Drawings.
a. Comply with fabrication tolerance limits of AISC's "Code of Standard Practice for Steel Buildings
and Bridges" for sauctural steel.
b.' Shop install and tighteD DoDhigh-strength bolts, except where high-strength bolts are indicated.
c. Shop install and tighten high-strength 'bolts according to RCSC"s "SpecificatioD for StructUral
Joints Using ASTM A 325 or A 490 Bolts. "
(1) . ConnecUoD Type: Snug tightc:1.Cd. unless indicated as slip-aitica1, direct-tensioD, or
U:DSioDed shearlbearing connections.
d. Weld Connections: Comply with AWS 01.1 for procedures, appearance and quality of welds,
and methods used in correc:ting welding work.
11. Shop Priming: Shop prime steel, except surfaces embedded in concrete or mortar, surfaces to be field
welded, surfaces to be high-strength bo~ted with s1ip-critica1 connections, and surfaces to receive
sprayed-on fireproofing.
a. Surface Preparation: SSPC-SP 2 "Hmd Tool Cleaning" or SSPC-SP 3 "Power Tool Cleaning."
b. Surface PreparatioD: SSPC-SP 6 "Commercial Blast Cle3ning. "
c. Surface Preparation: SSPC-SP 11 "Power Tool Cleaning to Bare Metal. "
d. Priming: Immediately after surface preparation, apply primer according to manufacturer's
instructions and at rate recomm~ded by SSPC to provide a dry film thickness of Dot less than 1.5
mils (0.038 mm). Use priming methods that result in full coverage of joints, comers, edges, and
exposed surfaces.
C. Executione
1. Erect suuctuta1 steel ac..""UIately in locations and to elevations indicated and according to AISC
specifications tefere:nc:ed in this Section.
2. Base and Bearing Plares: Clean coucretc and masonry bearing surfaces of bond-reducing m:tterials and
roughen surfaces prior to setting base aDd bearing plares. Cl:an bottom surface of base and bearing
plates and set on wedges, shims, or SdIiDg IIW5 as required.
a. Tighten anchor bolts, cut off wedges or shims flush with edge of base or bearing plate, and pack
grout solidly between bearing surfac::s and plates.
3. Maintain erection tolerances of StrUcmral steel within AISC"s "Code of Standard Practice for Steel
Buildings and Bridges. "
4. Install and tighten noDhigh-Strength bolts, except where high,.sm:ngth bolts are indiCated.
5. Install and tighten high-strength bolts according to RCSC's "SpecificatioD for Structural Joints Using
ASTM A 325 or A 490 Bolts. "
a. Connection Type: SDUg tightened.. 1IDlcss indicated as slip-aitical, direct-tension, or tensioned
shearlbeariDg CODDections.
SOS 120-11lN4:SSI95 .28
City ofta pone-~
9257 ' '
e
Structural Steel
Page 05120-3
6. Weld Connections: Comply with A WS D 1.1 for procedures, appearance and quality of welds, and
methods used in co~Jng welding work.
7. Shop and Field Quality Conuol: Owner will engage an independent testing and inspecting agency to
perform shop and field inspections and tests and to prepare test repons.
a. Correct deficiencies in or remove and replace suucrural steel that inspections and test repons
indicate do not comply with specified requircmcms.
b. Additional testing, at Contractor's expense, will be performed to determine compliance of
corrected Work with, specified requirements.
;c. High-strength bolted connections will be tested and inspected according to RCSC's .Specification
for Saucrural Joints Using ASTM A 325 or A 490 Bolts. ·
d. In addition to visual inspection, welded connections will be inspected and tested according to
A WS D 1.1 procedures.
END OF SECTION 05120
SOS120-11~4:SS19S.28
City of La pone_
9257 --.-
e
Building Insulation
Palle 07210-1
.-
SECTION 0i210 - BUILDING INSULo\ nON
A. General:
1. Tnermal resistivity or -r-value- representS the reciprocal of thermal conductivity (k-value), which is
the rate of heat flow through a homogenous material exactly 1 inch thick. Thermal resistivities are
expressed by the temperature differenc: in degre:s F betWeen the two exposed facs required to cause
one BTU to flow through one sq. ft. per hour at mean te:I1peratUres indicated.
2. Fire Performance Charac::ristics: Provide insulation materials identical to those whose indicated fire
performanc~ characteristics have been determined per ASTM E 119, ASTM E 84. and ASTM E 136,
~ applicable, by UL or other testing and inspecting organizations acceptable to authorities having
jurisdiction. Identify productS with appropriate markings of applicable teSting and inspecting
organization.
,3. Submittals: Submit product data for each form and type of insulation indicated.
B. ProductS:
1. General: Provide preformed unitS in sizes to fit applications indicated, selected from manufacturer's
standard thicknesses, widths. and lengths.
2. Unfaced Mineral Fiber Blanket/Ban Insulation: ASTM C 665 for Type I (blankets without membrane
facing); and as follows:
a. Mineral Fiber T~'Pe: Fibers manufactured from glass.
b. Surface Burning Cha.-acteristics: Maximum flame spread and smoke developed values of 2S and
50.
c. Thickness and Thermal Resistanc::
(1) 6 inch nominal thickness, R-19.
3. Faced Mineral Fiber BlanketlBan Insulation: ASTM C 665 for Type m, Class A; foil-scrlm-kraft or
foil-scrim-polyethylene vapor-retarder membrane on one fac:; and as follows:
a. Mineral Fiber Type: Fibers manufactured from glass.
b. Surface Buming Characteristics: Maximum flame spread and smoke developed values of 2S and
SO. respectively.
c. Thickness and The:ma1 Resistance:
(I) 6 inch nomina! thickness. R-19.
C. Execution:
1. General: Comply with .insulation manufacturer's instrUCtions for installation of insulation.
2. Suppan insulation unitS by adhesive or mechanical anchorage or both as applicable to location and
conditions indicated. ,
E:'\ID OF SECTION 0i210
SIN 1 :SSI9S .28
City of La Pone
9257
,I "I I ' ,
I "
e
ManufactUred Roof Panels
Page 07410-1
SECTION 07410 - MANUFACTURED ROOF PANELS
A. General:
1. Performance RequirementS: Provide preformed panel systems that comply with performance
requirementS indicated based on pretesting of installed panels using the following methods.
a. Air Infiltration: ASTM E 283.
b. Water Penetration: ASTM E 331.
c. SUUCtUral Propenies: ASTM E 330.
2. Structural Design Requirements: Provide panels that comply with structural requiremcts indicated,
based on design procedures of AlSI ~Spccification for the Design of Cold-Formed Steel 5trucmral
Members. .
3. Wind Uplift: Provide roof panel system including suppons me:ting requirements of Underwriters
Laboratories, Inc. for Class 90 wind uplift resistance.
4. Submittals: Submit the following:
a. ManufactUrer's product data describing preformed roof panels and structural suppon system.
b. Shop drawings showing layout of panels on roofs and details of special and typical conditions.
c. Samples of each exposed finish material.
d. Cenification by manufacturer that products have be-..n pretested and comply with performance
requirements indicated.
s. Warrant factory-applied exterior finishes on roof panels for a period of 20 years after the date of
Substantial Completion.
B. Products:
1. Roof Panels: Fabricate roof panel face sheets to the profile or configuration to match ~R ~ panel as
manufactUred by Metal Building ComponCDts, Inc., from 22 gage zinc-coated steel sheets.
a. Manufacturer's standard factory-formed lap-seam roof panel system designed for mechanical
attachment of panels to roof purIin using exposed fasteners and sealants. Form panels of 22.gage
zinc-coated steel sheets.
2. SUtictural Quality Galvaniz;d Steel Sheet: Hot-dip zinc-coatc:d steel sheet complying with ASTM A 446
with G90 coating complying with ASTM A 51S, Grade C or to suit manufacturer's standards.
3. Fluoropolymer Coating: Manufacturer's standard two-coat. thcrmo-cured, full-strength 70 pcn:cnt
~Kynar 500. coating consisting of a primer and a minimum 0.7S-mil dry film thickness with a total
minimum dry film thickness of 0.9 mil and 30 percent reflective gloss when tested in accordance with
ASTM D 523. '
a. Durability: Provide coating that has been field tested under normal range of weathering conditions
for minimum of 20 years without significant peel, blister, flake, chip, crack, or check in finish;
without chalking in excess of No.8 in accordance with ASTM D 659; and without fading in
excess of 5 NBS unitS.
4. Color: As selected by the Architect from the manufacturer's standard colors.
S. Fasteners: Self-tapping screws, bolts, nuts, self-locking rivets, self-locking bolts, end-welded studs,
and other suitable fasteners designed to withstand design loads.
a. Use stainless steel fasteners for exterior application and galvanized or cadmium-plated fasteners
for interior ,applications.
SL V .2INO:SSI95 .28
City of La Pone
9257
e Manufactured Roof Panels
Page 07410-2
b.
Provide exposed fasteners with hC3ds matching color of toof or wall panel by means of plastic
caps or factory-applied coating.
Provide metal-backed neoprene washers under heads of exposed fasteners bearing on weather side
of panels.
Locate and spac: exposed fasteners in true venical and horizontal alignment. Use proper tools
to obtain conuolled uniform compression for positive seal without rupture of neoprene washer.
c.
d.
6. Acc:ssories: Exc..-pt as indicated as work of another specification section. provide ccmponcms required
for a complete roof or wall panel system. including trim. copings. fascias. gravel stops. mullions, sills.
comer units, ridge closures. clips, scam covers, banens. flashings. guners, louvers, sC3lants. gaskets.
f1lle.~, closure strips, and similar items. Match materials and finishes of panels. '
a. Closure Strips: Closed-cell, self -extinguishing, expanded cellular rubber or cross-linked polyolefin
foam flexible closure strips. Cut or premold to match configuration of roof and wall panels.
Provide closure strips where indicated or necessary to ensure wcaIhcnight construction.
b. Sealing Tape: Pressure-sensitive 100 percent solids polyisobutylenc compound scaling tape with
release paper backing. Provide permanently elastic. nonsag, nontoxic. nonstaining tape.
c. Joint Sealant: One-pan elastome:ic polyurethane. polysulfide, or silicone rubber sealant as
recommended by the building manufactUrer.
7. Bituminous Coating: Cold-applied asphalt mastic. SSPC paint 12. compounded for IS mil dry film
thickness per coat.
8. Metal Building Insulation: Glass fiber blanket insulation. complying with ASTM C 991. of 0.5-pcf
density. thickness as indicated. with UL flame spread classification of 2S or less. and 2-inch-wide
continuous vapor-tight edge tabs.
a. Facing: Vinyl-reinforced polyester.
b. Retainer Strips: 26-gage formed galvanized steel retainer clips colored to match the insuIarlon
faciDg.
C. Execution:
1. lDsta11ation: Comply with panel manufactUrer's instructions for anchorage. joint sealers. flashing. and
trim for the proper and permanent installation of panels. with provisions for thermal expansion. erected
in panel panem indicated.
a. Provide sealant tape at lapped joints of ribbed or fluted roof sheets and between roof sheets and
proauding equiplDCDt, VeIlts. and accessories.
END OF SECTION 07410
SL V .2JNO:SSI9S .28
City of La Pone
9257
e
Flashing and Sheet Me:al
Page 07600-1
SECTION 07600 - FLASHING AND SHE=.! METAL
A. General:
1. Conform to prof11es and sizes shown OD drawings. and comply with . Architeaural Sheet Metal Manual.
by SMACNA. for each general catego~' of work required.
a. Metal flashing and counter flashing.
b. Gutters and downspouts (rain drainage).
c. Exposed metal trimlfascia units.
;d. Gravel Stops, fascia units and L"'im.
e. Miscellaneous sheet metal accessories.
B. Products:
1. Concealed Conditions: Zinc-coared Steel sheet. ASTM A 526,0.20 percent copper, 24 gage; ASTM
A 525, designation G90 hot-dip galvanized, mill phosphatized.
2. Exposed Conditions: ASTM A 526 galvanized sheet. fluoropolymer coating -Kyaar 500-,0.75 mil
dry film thickness, 24 gage. .
3. Fabricate sheet metal with flar-Iock seams; solder with type solder and flux recommended by
man~acrurer, except seal precoared Steel seams with epoxy metal seam c:meDt and, where required
for strength. rive! seams and joints.
4. Coar' back-side of fabricated sheet metal with 15-mil sulfur-free bituminous coating, SSPC-Paint 12,
where required to separate metals from coITOsive substrates, including cementitious materials, wood
or other absorbent materials; or provide other permanent separation.
S. Provide for thermal expansion of running sheet metal work by overlaps of expansion joints in
fabric:au:d work. Where required for warer-tight consrruction, provide hooked flanges filled with
polyisobutylene mastic 'for I-inch embedment of flanges. Space joints at intervals of not more than
50 feet. Conceal expansion provisions where possible.
C. Execution:
1. Anchor work in place with DonCOITOsive fasteners, adhesives, setting compounds, tapes and other
materials and devices as recommended by manufactUrer of each material or system. Provide for
thermal expansion and building movements. Comply with recommendations of - Architecmral Sheet
Metal Manual. by SMACNA.
2. Seal moving joints in metal work with elastomeric joint sealants, complying with requirements
specified in Division 7 Section .Joint Sealants.-
3. Clean metal surfaces of soldering flux and other substances which could cause corro~ion.
4. Performanc:: Warer-tight and wcatherproofperformanc: of flashing and sheet metal work is required.
E.lIlD OF SECTION 07600
AlA.8/E9:SSI9S .18
City of La Pone .
9257
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Steel Doors and Frames
Page 38110-1
SECTION 08110 - STEEL DOORS AND FRAMES
A. StandOll'ds: In addition to other specified requirements, comply with Steel Door Institute -RecOmmended
Specifications for Standard Steel'Doors and Frames. (SDl-100), for the following classifications:
1. Interior Doors: SDl-100, Grad: III, beavy-duty, Model I, minimum 18-gage faces.
2. Exterior Doors: SOl-lOO, Grade In, e:xtra beavy-duty, Model 2, minimum 16-gage faces.
B. Subminils: With manufacturer's standard de:ails and specifications for steel doors and frames, submit shop
dra~ings showing application to project, as required.
1. For door and frame assemblies required to be fire-rated and exceeding sizes of teSted assemblies,
submit manufac:mrer's cenific:ation that each assembiy has been constructed to conform to design,
materials and construction equivalent to labeled constrUction requirem:nts.
C_ Manufacturer: One of the following:
1. Allied Steel Products, Inc.
2. AmweldlDiv. American Welding &: Mfg. Co.
:;. Ceco Corp.
4. Curries Mfg., Inc.
5. Dinco Prod. Div.,
6. Fenestra Corp.
7. Mesker Industries, Inc.
8. Pioneer Bldrs. Products Corp./Div. CORE Industries, Inc.
9. SteelcraftlDiv. American Standard Co.
10. TtuSSbilt, Inc.
11. Republic Builders Products Corp.lSubs. Republic Steel.
D. Fir:-RaIed Assemblies: Provide units that display appropriate UL or FM labels for fire-rating indicated.
1. Over-size units will be acceptable if ce:tified by manufacmrer that each assemb.y is constrUcted the
same as labeled units.
E. Malerials: Steel doors and frames; bot-rolled, pickled and oiled per ASTM A 569 and A 568; cold-rolled
per ASTM A 366 and A 568.
1. Interior and Exterior Doors: Galvaniz...-d sheets, ASTM A 526 with ASTM A 52S, G 60 zinc coating,
mill phosphatized.
F. Anchors and Acc:ssories: Manufacturer's standard units. Us-:: galvanized items complying with ASTM A
153.
G. Fabrication: FabriQIe units to be rigid, neat in appearance, and free from defects, warp or buckle. Weld
exposed joints continuously, grind, dress, and make smooth, flush and invisible.
H. Prepare steel doors and frames io receive mortised and concealed fmish hardware, inclUding cutouts,
reinforcing, drilling and tapping, complying with ANSI A liS -Specifica1ions for Door and Frame
Preparation for Hardware. .
1. Reiniorce units to receive ~acc-applied finish hardware to be field applied.
2. Locate fmish hardware as indicated or, if not indicated, per DHI -Recommended Locations for
Builder's Hardware..
AIA.51E4 :SSI9S .28
City of La Pone .-
9257
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Pagc 08110-2
1. Shop paint cxposed surfac:s or doors and frame unitS, including galvanized surfaces, using manufacmrcr's
standard baked-on rust inhibitive primer.
1. Doors: Comply with 501-100, of the types and styles indic:llCd, for matcrials quality, mctal gages, and
consuuction dctails.
K. Frames: Comply with 501-100, of the types and styles indiC3.ted, for materials quality, metal gages, and
constrUCtion details.
1. Provide standard hollow metal frames for doors, as indicated.
2. Prepare frames to rcc:ive 2 silencerS on strike jambs of single-swing frames and on heads (\f
doublc-swing frames.
3. Provide 26-gagc steel plaster guards or mortar boxes. welded to frame, at back of hardware cutoutS
where installed in concrete, masoDr)' or plaster openings.
4. Protcct inside faces of frames in plaster or masonry wall constnlction which are placed with anti-fre:zc
additives, using high-build fibcred asphalt emulsion coating.
L. Installation: Install hollow-metal units in accordance with manufacturer's insnuctions and final shop
drawings (if any). Fit doors to frames and floors with clearances specified in SD1-lOO.
1. Install rue-ratcd unitS in accordance with NFPA Std. No. 80.
2. Finish hardware is specified in another Division-S section.
END OF SECTION OSllO
AIA.SIE4:SSI9S.28
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SECTION 09900 - PAINTING
A. Painting work includes surface preparation and cl::aning. primer touch-up of shop primed items. repair of
existing coatings (including barrier coats required to properly apply new coating systems). and field priming
and painting exterior and interior material. equipment and appurtenances. including but not limited to painting
the following items:
1. All exterior ferrous metals. exc...-pt as specified.
2. All exterior non-ferrous metals. exc...-pt as specified.
3. ~ Exterior concrete. masonry and plaster with painted finish.
4. Interior wood with painted. stained or traDSpare:1t fmish.
5 . Exterior traffic and lane markings.
6. All interior fe..~us metals. except as specified.
7. All interior non-ferrous metals. exc...'"Pt as specified.
8. Interior concrete masonry with painted finish.
9. Interior concrete. masonry and plaster with painted finish.
10. Interior gypsum drywall with painted fmish.
11. All prime coated hard~-are and otJ1er factory primed metal items.
12. All exposed conduit. outlet boxes and electrical cabinets. excluding those located in me:hanical rooms.
13. All exposed pipe, plumbing and ductWork. excluding those located in mechanical rooms.
14. All metal grilles. except anodized aluminum. unless otherwise indicated.
15. Other items normally requiring painting or fmishing, or which arc indiC3Ied to be painted or finished.
Refer to Drawings. schedules, details, and other specification sections for other items required to be
field painted or finished.
16. Where an item is not specifically mentioned, paint the same as similar adjacent materials or surfaces.
B. Do not include painting of:
,1. Prefmished or factory finished items (e.g.. shop finished woodwork and casework, acoustic materials,
and similar items).
2. Aluminum, copper. chromium and other plated f!Dishes.
3. Concealed surfaces in concealed and inaccessible areas including furred areas. pipe chases. duct shafts,
and and similar spaces.
4. Operating partS of me:hanical. electrical and plumbing equipment. including sensing devices. motor
and fan shafts. sprinkler heads.
S. Code required labels and nomenclature pl31e$.
6. Items indicated to receive special coatings.
C. "Paint- includes coating system materials, primers, emulsions. enamels, stains. se3lers and fillers, and other
applied materials whether used as prime, intermediate or fmish coatS. '
D. Coordinate work of this Seaion with work of other SectiOns as required to proper:ly exeeute the Work and
as necessary to maintain satisfactory progress of the work of other Sections.
E. Submittals:
1. Product Data: Sabmit manufacturer's technical information. label analysis and application instrUctions
fot =d1 material proposed for use.
2. Samples for Verifi~tionPurposes: Architect will identify colors required for surfaces to be painted.
Provide samples ofeolor and texture on represenwive samples of actUal substrates. Define each
separate coat. including fillers and primers, of each finish sample. Resubmit until required she:n,
color. and texture arc achieved.
S09900-SIN4 :SSI9S .28
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Painting
Pag~ 09900.2
a. Painted Wood: On 12" x lr hardboard. provide 2 samples of each color and material.
b. Stained or Namral Wood: On acmal wood surfaces, provide two 4. x 8. samples for natur3l and
stained wood fmish.
e:. Concrete Masonry: On concrete masonry, provide two 4. x 8. samples of masonry with monar
joint in center for each color and fmish.
d. Ferrous Metal: On actUal metal substrates, provide twO 4. square samples of metal for each color
and fmish.
F. Single Source Responsibility: For each fmish system, provide primers and other undercoat material produced
by same manufacturer as fmish coais. Use only thinners approved by coating manufacturer, and use only
within recommended limits.
G. Cooremation of Work: Review other Sections in which primers are provided to ensure compau"bility of tow
systems for various substrates. On request, furnish information on chara:terlstics of specified finish
materials, to ensure use of compatible primers.
H. Field samples: On wall surfaces and other exterior and interior' components, duplicate fmishes of approved
samples. Providefull-coat fmish samples on at least 100 sq. ft. of surface and 10 linear feet of each type
of trim, as dircctCd, until required sh=n, color, and texture is obtained; simulate fmished lighting conditions
for review of in-place work. '
1. Fmal acceptance of colors will be made from job applied samples.
2. Architect will select areas for field sample application. Upon acceptance, field samples will be used
t~ evaluate coating systems of a simUar nature.
I. Delivery. Storage, and Handling:
1. Deliver materials to Project Site in manufacture.'s original, unopened containe:s bearing manufaaurcr's
name, label, and following information:
a. Product name or title of material.
b. Product description (generic :lassification).
c. Fed. Spec. number, if applicable.
d. Manufacturer's stock number and date of manufacture.
e. ConteJits by volume, for pigment and vehicle coDStituents.
f. Tninning instructions.
g. Application instrUctions.
h. Color name and number.
2. Store materials not in actUal use in tightly covered containers. Maintain containers used in storage of
paint in a clean condition, frC: of foreign materials and residue. Protect from ~g where
nec:::ssary .Ke:p storage area neat and orderly. Remove oUy rags and waste daily.
3. Take precautions to ensure that workmen and work areas are adequae:y protected from flI'e hazards
and health hazards resulting from handling, mixing, and application .of paints.
J. Job Conditions:
1. Apply water-base paints only when tempcramrc ,of surfac:s to be painted and surrounding air
tCIDperatureS are between 50 deg. F. (10 deg. C.) and 90 deg. F. (32 deg. C.), unless otherwise
permitted by paint manufacturer's printed insuucuons.
2. Apply solvent-thinned paints only when temperamre of surfac:s to be painted and surrounding air
temperamrcs are between 45 deg. F. (J deg. C.) and 95 deg. F. (35 de:. C.), unless otherwise
permitted by paint manufactu~'s printed instructions.
S09900-5IN4 :SSI95 .28
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3. Do not apply paint in snow. rain. fog. or mist. or wben relative humidity exceeds 85%. or to damp or
wet surfaces. unless othe:wise permitted by paint manufacturer during application and drying periods.
a. Painting may be continued during inclement we:1ther if ar-..as and surfaces to be painted are
enclosed and be:lted within temperatUre limits specified by paint manufactUrer during application
and drying periods.
K. Warrant).: Furnish special project wa.-.anty as specified. a.greemg to repair or replace painting work which
becomes unservic::able or objectionable in appearance as a result of failures in materials or workmlln!l:bip.
Failua:s in materials and workmanship include. but are not limited to noticeable discoloration. yellowing.
streaking. blooming. bleaching. or darke:1ing. peeling. cracking. blistering, alligatoring, loss of adhesion to
substrale or to intermediate coat. excessive chalking or dusting, staying tacky or becoming tacky, or
mildewing. Warranty period shall be I YC3I' from Date of Substantial Completion.
L. Manufacturer: Subject to compliance with requirements. provide products of one of the following:
1. Devoe and Raynolds Company (Devoe)
2. Benjamin Moore and Company (Moore)
3. The O'Brien Corp. (F-O'B)
4. PPG Industries, Pinsburgb Paints (pittsburgh)
5. Pratt and Lambert (P &. L)
6. The Sherwin-Williams Company (S-W)
M. M~rial Quality:
1. Provide the manufacturer's best quality trade sale paint material of the various coating types specified.
Paint material con~ers no't displaying manufacturer's product identification will not be acceptable.
a. Proprietary names used to designate colors :)r materials are not intended to imply that
manufacturers or products named are required or to exclude equivalent products of the other
specified manufactUrers.
b. Federal Specifications establish a minimum quality level for paint materials, except where other
product identification is used. Provide written certification from the manufacturer that materials
provided meet or exceed these criteria.
c. Use color pigments that arc pure, non-fading, suitable for substrates and service indicated. Lead
content in pigment. if any, is limited to contain not more than 0.06% lead, as lead metal based
on the total non-volatile (dry-rum) of paint by weight. This limiwion is extended to interior
surfaces and those exterior surfaces, such as stairs. de--...ks. porches, railings, windows, and doors
which are readily ac::ssible to children under 7 years of age.
N. Exterior Ferrous Metal: .
1. All-yd Gloss Enamel: 2 fmish coatS over primer.
a. Primer: Synthetic Rust Inhibiting Primer.
Devoe:
F-O'B:
Moore:
Pittsburgh:
P&L:
S-W:
14920 Quick Dry Metal Primer.
621 ~ Blox RUSt Primer.
Ironclad Retardo Rust IDhibitive Paint #163.
6-208 Red Inhibitive Metal Primer.
Effc::to Rust Control Primer.
Kem Kromik Metal Primer BSON2IBSOWI.
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b. First and Second Finish Coats: AU.-yd Gloss Enam:l.
Devoe: '
F-O'B:
Moore:
Pittsburgh:
P&L:
SoW:
70XX Mirrolac Interior/E:tterior All..-yd Gloss Enamel.
312-XX EPA Compliant Heavy Duty Enamel.
Impervo High-Gloss Enam:l #133.
S4 Line Quick-Dt)' Enamel.
Effeao Enamel S1100 Series.
Industrial Enamel B-S4 Series.
O. Exterior Non-ferrous Metal (Zinc CoaIed Steel and Aluminum):
1. Alqd Gloss En:lmel: 2 finish COalS over primer.
a. Primer: Galvanized Metal Primc:.
Devoe:
F-O'B:
Moore:
Pittsburgh:
P &. L:
S-W:
13201 Mirrolac Galvanized Metal Primer.
621-OS Blox Rust Latex Metal Primer.
Ironclad Galvanized Metal Latex Primer #lSS.
6-21Sn16 Speedhide Galvanized Ste:l Primer.
Galvanized Metal Latex Primer.
Galvite BSOm.
b. First and Second Finish COalS: All..-yd Gloss Enamel.
Devoe:
F-Q'B:
Moore:
Pittsburgh:
P&.L:
S-W:
70XX Mirrolac Interior/Exterior Alkyd Gloss Enamel.
312-XX EPA Compliant Heavy Duty Enamel.
Impervo High-Gloss Enamel #133.
S4 Line Quick-Dry Enamel.'
Effecto Enamel Sl100 Series.
Industrial Enamel B-S4 Series.
P. Exterior Concrete and Asphalt Paving Traffic and Lane Markings:
1. Alkyd Resin: 2 coats applied with a lin: marking m:lt"ninl! at the rate of 15 mils wet f1lm thickness
(100 to 150 sq. fi./gal) per coat; white or yellow color as selcaed by Architect. P:ovide Pittsburgh
11 line Traffic and Zone Marking Paint or Dcvoe 442XX Traffic-Line Alkyd Traffic Marking Paint.
Q. Interior Wood - Painted:
1. Alkyd Satin Enamel Finish: 3 coats.
a. Undercoat: Interior Enamel Undercoat.
Devoe:
F-Q'B:
Moore:
Pittsburgh:
P&L:
S-W:
S09900-S/N4:SSI9S .28
8801 Velour Alkyd Enamel Undercoat.
220-07 Alkyd Enamel Undercoat.mMoore's Alkyd Enamel Underbody #21i.
,6-6 SpCO'..dhide Quick-Dry Enamel Undercoater.
Interior Trim Prim:r EI3S.
Pro-Mar 200 Alkyd Enamel Undercoater B34W2oo.
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b. First and Second Finish Coats: Interior Satin Alkyd Enamel.
Devoe:
F-O'B:
Moore:
Pittsburgh:
P &. L:
S-W:
R. Interior Ferrous Metal:
26XX Velour All..-yd Semi-Gloss Enamel.
610-XX Liquid-Lite Alkyd Satin Enamel.
Moore's Satin Impervo Enamel #:!.3S.
20 Line Satinhide La-Lustre Enamel.
Cellu- Tone Alkyd Satin Enamel 55700 Series.
PraMa: 200 Semigloss Enamel B34 W 200 Series.
1. Alkyd Semi-Gloss Enamel Finish: 2 coats over primer, with total dry film thickness not less than 2.5
mils.
a. Primer: Syn:hetic Rust Inhibiting Primer.
Devoe:
F~O'B:
Moore:
Pittsburgh:
P &. L:
S-W:
14920 Bar-Ox Quick Dry Metal Primer, Red.
621-04 Blox Rust Primer.
Ironclad Retardo Rust-Inhibitive Paint #163.
6-208 Red Inhibitive Metal Primer.
Effecto Rust-Inhibiting Primer.
Kem Kromik Metal Primer BSON2iB5QWl.
b.' Undercoat: Int::ior Enamel Undercoat.
Devoe:
F-O'B:
Moore:
Pittsburgh:
,P &. L:
S-W:
8801 Velour Alkyd Enamel Undercoat.
220-07 Alkyd Enamel Undercoat.
Moore's AU..-yd Enamel Underbody i2l7.
6-6 Speedhide Quick-Dry Enamel Undercoater.
Interior Trim Primer.
Wall and Wood Primer B49W2.
c. Finish Coat: Interior Semi-Gloss Odorless Au..l'd Enamel.
Devoe:
F-O'B:
Moore:
Pittsburgh:
P &. L:
SoW:
26XX Velour Alkyd Semi-Gloss J:n2m~1.
206-XX Interior Alkyd Semi-Gloss Enamel.
Alkyd Dulamel #207.
27 Line Wallhide Semi-Gloss 1=.n2m~1.
Cellu- Tone Alkyd Satin Enamel S 5700 series.
ProMar 200 Semigloss Enamel B34 W 200 Series.
S. Interior Non-Ferrous Metal (Zinc Coated Steel and Aluminum):
1. AU..-yd Semi-Gloss Enamel Finish: 2 coats over primer, with total dry film thickness not less than 2.5
mils.
S09900-51N4 :SSI9S .28
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a. Primer: Galvanized Metal Primer.
Devoe:
F-O'B:
Moore:
PittSburgh:
P&L:
S-W:
13201 Mirrolac Galvanized Metal Primer.
621-05 Blox Rust I..atex Metal Primer.
Ironclad Galvanized Metal L.atex Primer #155.
6-2151216 Spe:dhide Galvanized Steel Primer.
Tech Gard I..atex Metal Primer Z190.
Galvite BSOW3.
b. Unl1:ercoat: Interior Enamel Undercoat.
Devoe:
F-O'B:
Moore:
PittSburgh:
P&L:
S-W:
8801 Velour Alkyd Enamel Undercoat.
220-07 AU..-yd Enamel Undercoat.
Moore's Alkyd Enamel Underbod~' #21i.
6-6 Speedhide Quick-Dry Enamel Undercoater.
Interior Trim Primer.
Wall and Wood Primer B49W2oo.
c. Finish Coat: Interior Semi-Gloss Odorless Alkyd Enamel.
Devoe:
F-O'B:
Moore:
Pittsburgh:
P & L:
S-W:
26XX Velour Alkyd Semi-Gloss Enamel.
206-XX Interior Alkyd Semi-Gloss Enamel.
Alkyd Dulamel #207.
27 Line Wallhide Semi-Gloss Enamel.
Cellu- Tone Alkyd Satin Enamel S 5700 series.
ProMar 200 Semigloss Enamel B34 W 200 Series.
T. Interior Gypsum DIj'\\'all Systems:
\.
1. Latex Lusterless (Flat) Emulsion Finish (Ceilings and High Walls Only): 2 fmish coats over primer.
a. Primer: Latex-Based Intenor White Primer.
Devoe:
F-O'B:
Moore:
Pittsburgh:
P & L:
S-W:
S0801Wonder-Tones Vinyl L.atex Primer and Sealer.
220-20 Pro-Tech I..atex Wall Primer.
Moore's I..atex Quick-Dry Prime Seal #201.
17-10 L.atex Primer Sealer.
Vapex Wall Primer Z30001.
Pro-Mar 200 l..aiex Wall Primer B28W2oo.
b. ?irst and Second Finish Coats: . I..:w:x-Based Interior Flat Paint.
Devoe:
F-O'B:
Moore:
PittSburgh:
P&L:
S-W:
36XX Wonder-Tones Latex Flat Wall Paint.
602-XX Liquid Velvet L.atex Wall Paint.
Regal Wall Satin #215.
80 Line Wallhic1e Flat L.atex Paint.
Vapex Latex Flat Wall Finish.
ProMar 200 L..:1tex Flat Wall Paint B30W2oo Series.
2. All..-yd Eggshell Enamel Finish (Walls Only): 3 coats.
S09900-51N4:SS195.28
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Page 09900-7
a. Primer: Interior l.alex-Based White Primer.
Devoe:
F-O'B:
Moore:
Pittsburgh:
P&L:
SoW:
50801 Wonder-Tones Vinyl Latex Prime: and Sealer.
220-20 Pro-Te--..h Lat:x Wall Primer.
Moore's Latex Quick-Dry Prime Seal #20l.
1 i-I 0 Latex Primer Sealer.
Vapex Wall PrUner Z30001.
Pro-Mar 200 utex Wall Primer B28W200.
p. First and Second Finish Coats: Interior Eggshell Odorless Alkyd Enamel.
Devoe:
F-O'B:
Pittsburgh:
P&l:
SoW:
U. Examination:
23XX Velour Interior Al1.")'d Eggshell Enamel.
208-XX A1k-yd Eggshell Enamel.
7 -90 Alkyd lo-Sheen Enamel.
Cellu-Tone Satin luster Enamel.
Pro-Mar Alkyd Eggshell Enamel B33W299.
1. Examine substrates and conditions under which painting will be perfonned for compliance with
requirements for application of paint. Do not begin paint application until unsatisfactory conditions
have been corrected.
a. Start of painting will be consuued as the Applicator' acceptance of surfaces and co~ditions within
a particular area.
V. Preparation:
1. General Procedures: Remove hardware ~d hardware accessories, plates, machined surfaces, lighting
fIXtUres, and similar items in places that are not to be painted, or provide surface-applied protection
prior to surface preparation and painting. Remove these items if necessary for complete painting of
the items and adjacent surfaces. Following completion of painting operations in each space or area,
have items reinstalled by workers skilled in the trades involved.
. a. Clean surfaces before applying paint o~ surface tre:nments. Remove oil and grease prior to
cleaning. Schedule cleaning and painting so that dust and other contaminants from the cleaning
process will not fall on wet, newly painted surfaces.
b. Seal water stains, ball-point ink, felt tip marker, pencil marks. and other surface cont:lm;n:uion
which may bleed through paint, with white shellac or other similar sealer.
c. Mask surfaces not required to be painted.
d. Fea1he:--cdge sandpap~r damaged, flaking, chipped, and blistered areas of existing paint to provide
a smooth unperceptible transition betw~ existing and repaired paint ar-..as. Fill holes and
imperfections in fmish surfaces with drywall joint compound or putty. Sandpaper smooth when
dry.
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e. Previously Coated Surfac::s: Prepare surfaces in accordance with paint manufactUrer's
recommendations. All surface contamination such as oil, grease, loose paint, mill sc::Ue, din,
foreign matter, rust, mold, miidew, monar, efflorescence and scalers shall be removed.
Substrates must be sound. Glossy surfac::s must be clean and dull before repainting. W:1Sh and
sand thoroughly, remove sanding dust. Spot prime all bare areas with manufactUrer's
recommended primer. Assure that ncw coating is compauDle with the previously painted surfaces.
Allow to cure thoroughly, check adhesion. Submit to Architect types of maIerials and suDsttale
areas which were tested and results of such tests prior to stan of painting work. If tests fail,
obtain recommendations of paint manufactUrer proposed for this work and submit to Architect
proposed recommendations for preparation, application and coating maIerials. If adhesion is not
possible, use new coating materials that are compatible with existing painting coating, with new
coatings as acc..-ptable by An::hite::t and paint coating manufacturer. All existing subsuatcs must
be sound, free of depressions, cracks, open joints, and other irregularities, and free of surface
defectS that could telegraph through the painting coatings.
2. Surface Preparation: Clean and prepare surfaces to be painted in accordance with the manufacturer's
instrUctions for each panicular substrate condition :md as specified.
a. Provide barrier coats over incompatible primers or remove and reprime. Notify Architect in
writing of'probleIDS anticipalcd with using the specified finish-coat material with subsuates primed
by others.
b. Wood: Clean surfaces of din, oil, and other foreign substances with scrapers, mineral spirits, and
sandpaper, as required. Sand surfaces exposed to vicw smooth and dust off.
(l) Scrape and clean small, dry, seasoned knots and apply a thin coat of white shellac or other
recommended knot sealer before application of primer. After priming, fill holes and
imperfections in" finish surfaces with puny or plastic wood filler. Sand smooth when dried.
(2) Prime, stain, or seal wo.od to be painted imml!dilJtely upon delivery. Prime edges, ends,
faces, undersides, and backsides of wood, including cabinets, counters, cases, and paneling.
(3) Seal tops. bottoIDS, and cutouts of unprimed wood doors with a heavy coat of varnish or
sealer immediately upon delivery. ,
c. Ferrous M~tals: Clean nongalvanized ferrous-metal surfaces that have not been shop coated;
remove oil. grease. dirt, loose mill scale, and other foreign substances. Use solvent or mechanical
cleaning methods that coinply with recommendations of the Steel SUUctUI'CS Painting Council.
(1) Treat bare and sandblasted or pickled clean metal with a metal treatment wash coat before
priming.
(2) Touch up bare areas and shop-applied prime coats that have be:n damaged. Wire-brush,
clean with ,solvents ~mmended by the paint manufacturer, and touch up with the same
primer as the shop COal.
d. Galvanized Surfaces: Clean galvanized surfac::s with non-petroleum-based solve:1ts so that the
surface is free of oil and surface conr:lmin:lnts. Remove pretteaunent from galvanized sheet metal
fabricated from coil stock by m~:Inical methods. .
:3. Materials PreParation: Carefully mix and prepare paint materials in accordance with manufactUrer's
directions.
a. Maintain containe.~ used in -:Uxing and applic:nion of paint in a clean condition, free of foreign
awerials and residue.
S09900-SIN4:SSI9S .!8
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b. ,Stir material before application to produce a mixture of unifon;n density; stir as required during
application. Do not stir surface fiim into material. Remove film and, if necessary, Strain material
before using.
c. Use only thinners approved by the paint manufacturer, and only within recommended limits.
A
~.
Tinting: Tint each undercoat a lighter shade to faciliwe identification of each coat where multiple coats
of the same material are applied. Tint undercoats to match the color of the fInish coat, but provide
sufficient differences in shade of undercoats to distinguish each separate coat. surfaces, or conditions
otherwise detrimental to formation of a durable paint film.
w. Application:
1. General:
a. Apply paint in accordance with manufacturer's directions. Use applicators and techniques best
suited for substrate and type of material being applied.
b. Donat paint over dirt, rust, scale, grease, moismre, scuffed surfaces, or conditions detrime:ual
to formation of a durable paint film.
c. Paint colors, surface treauncnts, and fmishes are indicated in .schedulcs..
d. Provide finish coats that are cot::?atible with primers used.
e. The number of coats and film thickness required is the same regardless of the application method.
Do not apply succeeding coats until the previous coat has cured as recommended by the
manufacturer. Sand between applications where sanding is required to produce an eve:l smooth
surface in accordance with the manufactUrer's directions.
f. Apply additional coats when undercoats, stains, or other conditions show through final coat of
paint Wltil paint film is of uniform finish, color, and appearance. Give special attention to ensure
that surfaces, including edges, comers, crcvic::s, welds, and exposed fasteners, rec::ive a dry f1lm
thickness equivalent to that of fiat surfac::s.
g. The term .cxposed surfaces. includcs areas visible when permanent or built-in fIXtures, convector
covers, covers for flimed tube radiation, grilles, and similar components arc in plac:. Extend
coatings in these areas as required to maintain the system integrity and provide desired protection.
h. Paint surfaces behind movable equipment and furniture same as similar exposed surfaces. Paint
surfaces behind permanently fIXed equipment or furniture with prime coat only before fmal
installation of equipment.
i. Paint interior surfaces of ducts, where visible through registe.~ or grilles, with a flat., nonspecular
black paint.
j. Paint back sides of acc:ss panels and removable or hinged covers to match cxposed surfaces.
k. Finish exterior doors on tops, bottoms. and side edges same as exterior faces.
1. Sand lightly between each succeeding enamel or varnish coat.
m. Omit primer on metal surfaces that have been shop-primed and touch up painted.
2. Scheduling Painting: Apply first coat to surfaces that have been cleaned. Rretreated. or otherwise
prepared for painting as soon as practicable after preparation and before subsequent surfac:
deterioration.
3. Minimum Coating Thickness: Apply materials at not less than the manufacturer's recommended
spreading ralc. Provide a total dry film thickness of the entire system as recommended by the
manufacturer.
4. Mechanical and Electrical Work: Painting mechanical and electrical work is limited to items cxposed
in mechanical equipment rooms and in oc::upied spaces.
5. Mechanical items to be painted include but arc not limited to:
a. Piping. pipe hangers, and suppons.
b. Heat exchangers.
S09900-5/N4:SSI95.28
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City of La Pone .
9257
Painti:1g
Page 09900-10
c. Tanks.
d. Ductwork.
e. Insulation.
f. Suppons.
g. Motors and mechanical equipment.
h. Accessory items.
6. Electrical items'to be painted include but are not limited to:
.
a. Conduit and finings.
b. Switchgear.
7. Prime Coats: Before application of finish COats. apply a pn.-ne coat of material as recommended by
the manufacmrer to material that is required to be painted or fmished and has not be-...n prime coated
by others. Rccoat primed and sealed surfaces where evidence of suction spOts or unsealed areas in first
coat appears. to assure a finish coat with no bum through or other defects due to insufficient se3ling. '
8. Drywall Stipple Enamel Finish: Roll and redistribute paint to an even and fme .orange-pe:l. texture.
Leave no evidence of rolling such as laps, irregularity in teXtUre, skid marks. or other surface
imperfections.
9. Pigmented (Opaque) Finishes: Completely cover to provide an opaque. smooth surface of uniform
fmish, color, appearance. and coverage. Cloudiness. spotting, holidays. laps. brush marks. runs. sags.
ropiness, or other su..-:ace impe:iectioDS will not be acceptable.
10. Completed Work: Match approved samples for color, texture, and coverage. Remove. refInish. or
repaint work not in compliance with specified requirementS.
X. Field Quality Control:
1. The Owner reserves the right to invoke the following test procedure at any time and as often :IS the
Owner deems necessary during the period when paint is being applied.
a. The Owner will engage the services of an independent teSting laboratory to sample the paint
material being used. Samples of material delivered to the project will be taken. identified. sealed.
and certified iD the presence of the ConttaCtOr.eb. The testing laboratory will perform appropriate tests for the following characteristics as required
by the Owner:
(l) Quantiwive materials analysis.
(2) Abrasion resistance.
(3) Apparent reflectivity.
(4) F!exibility.
(5) Washability.
(6) Absorption.,
(7) Acc:lerated weathe..-ing.
(8) Dry opacity.
(9) Accelerated yellowness.
(l0). Recoating.
(11) Skinning.
(12) Color retention.
(13) Alkali and mildew resistance.
S09900-SIN4:SSI9S .28
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Painting
Page 09900-11
City of La Pone.
9257
c. If teSt results show material being used does not comply with specified requirements, the Contractor
may be directed to StOp painting, remo\'e noncomplying paint, pay for testing, repaint surfaces
cOaled with rejected paint, and remove rejc:ted paint from previously painted surfaces if, upon
repainting with 'spe::ified paint, the two coatings are nODcompalible.
Y. Clcmup: At the end of each work day, remove empty cans, rags, rubbish, and other discarded paint
materials from the site.
Z. Protect work of other trades, whether to be painted or not, against damage by painting. Correct damage by
cleani!1g, repairing or replacing, and repainting, as acceptable to Architect.
AA. Provide .we: paint. signs, to protect newly painted fmishes. Remove temporary protec:ive wrappings
. provided by others for prote::tion of their work after completion of painting operations.
1. At completion of construction activities of other trades, touch up and restore damaged or defaced
painted surfaces.
END OF SECTION 09900
S09900-SIN4:SS19S.28
City of l.:1 pone...--,
9257 '
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.,Tc~ilet and Bath Accessories
, Page 10800-1
. . ."
SECTION 10800 - TOILET AND BATH ACCESSORIES
A. Gene:al
1. Submittals: Manufacrurer'sproduct data for each toilet accessory item specified, including details of
cOn5t:rUction relative to materials, dimensions, gages, prof1les, mounting methods, specified options,
and finishes.
:. Samples: Full-size samples of the following toilet accessory items to verify design, operation, ane!
fInish requireme:us. Acceptable samples will be returned and may be used in the Work:
:
a. Combination towel dispenser/waste receptacle unit.
b. Sanitary napkin vendor.
c. Multipurpose unit.
d. Stainless steel framed mirror unit.
B. Produc:-.s
1. Manufacture:s: Subject to compliance with requirements, provide toilet accessories by one of the
following:
a. A & J Washroom Accessories.
b. American Specialties, Inc.
c. Bobrick Washroom Equipment, Inc.
d. Bradley Corporation.
e. General Accessory Manufacturing Co.
f. McKinneylParker.
2. Materials, General: Fabricate toilet accessory items from the following materials and according to
requirements specified for individual accessory items:
a. Stainless Steel: AISI Type 302/304, with polished No.4 fmish, 0.034-inch (22-gage) minimum
thickness, unless otherwise indicated.
b. Brass: Leaded and unleaded, flat productS, ASTM B 19; reds, shapes, forgings, and flat productS
with fmishcd edges, ASTM B 16; Castings, ASTM B 30.
c. Sheet Steel: Cold-rolled, commercial quality ASTM A 366, O.04-inc:h (20-gage) minimum
thickness, unless otherWise indicated. Surface preparation and metal pretrcatmcnt as required for
applied fmish.
d. ,Galvanized Steel Sheet: ASTM A 527, G6O.
e. Chromium Plating: Nickel and c:hromium electro-dcpositcd on base metal. ASTM B 456, Type
SC2.
f. Baked Enamel Finish: Factory-applied. gloss white, baked acrylic enamel coating.
g. Mirror Glass: Nominal 6.0-mm (O.23-inch) thick, conforming to ASTM:C 1036, Type I, Class
I, Quality q2, and with silvering, elecU'O-plated copper coating. and prete:tive organic coating.
h. 'Galvanized Steel MOUDting Devices: ASTM A 153, hot-dip galvanized after fabrication.
i. Fasteners: Screws, bolts, and other devices of same materiai as accessory unit. or of galvanized
steel where concealed.
j. Keys: Provide universal keys for access to toilet accessory units requiring internal access for
servicing, reSupply, etc. Provide a minimum of six keys to Owner's rcpI'CSCltative.
k. Operating meeanisms, grab bars and their anachments shall comply with Americans with
DisabilitiC$ Act.
3. Ac:essory items are scheduled on the Drawings.
8/Nl:SS195.28
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City of La Pone
9257
Toilet and Bath Accessories
Page 10800-2
C. Execution
1. Installation: Install toilet ac::ssor)' units according to manufactUrers' primed installation insuuctions,
using fasteners appropriate to SUDStraIe as recommended by unit manufactUfCr. Install units plumb and
level, fumly anchored in 10C3tions and at heights indicated.
a. Secure mirrors to walls in conc:aled, wnperproof manner with special hangers, toggle bolts, or
screws. Set units plumb. level. and square at locations indicated, in accordance with
manuf~r's iDmuctioJiS for type of substrate involved.
b. Adjust toiiet accessories for proper operation and verify that mechanisms function smoothly.
Replace damaged or defective items.
c. Clean and polish all exposed surfaces strictly according to manufacturer's recommendations after
removing temporary labels and protcctive coatings.
END OF SECTION 10800
8/N 1 :SSI9S .28
City of La pone~
9257
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Toilet Compartments
Page 10155-1
SECTION 10155 - TOILET COMPARTME!':TS
A. General
1. Submittals: ManufactUrer's data and installation instructions.
B. Products
1. Manufacmrer: Provide metal toilet panitions manufactUred by one of the following:
a. AccuralC Partitions Corp.
b. General Panitions Mfg. Corp.
c. Global Steel Products Corp.
d. Knickerbocker Partition Corp.
e. Metpar Steel Products Corp.
f. 'Monarch Toilet Partitions, Inc.
g. Sanymetal Products Co.
h. WeislRoban P:mitioDS, Inc.
2. Sheet Steel: ASTM A 591, Class C, galvanizcd-bondetizcd, of following minimum thicknesses:
a. Pilasters (overhead-braced): 0.0396 inch (20 gage).
b. Panels and Screens: 0.0396 inch (20 gage).
c. Doors: 0.0336 inch (2? gage).
d. Concealed Reinforcement for Anchorages: 0.1084 inch (12 gage).
e. Concealed Reinforcement for Tapping: 0.0785 inch (14 gage).
3. Core Material: Manufaauicr's standard sound~eadcning, honeycomb, impregnated Kraft paper core.
4. Pilaster Shoes: AISI Type 3021304, 0.0396-inch-thick (20 gage) stainless Steel, 3 inches high, finished
to match hardware. Furnish shoes at each pilaster. .
5. Stirrup Brackets: ManufactUrer's standard nonierrous alloy with satin chrome finish.
6. Hardware and Accessories: ,Manuiaaurer's standard, heavy duty operating hardware and accessories
of nonferrous cast alloy with satin chrome finish.
7. Anchorages and Fasteners: Manufacturer's standard theft-proof exposed fasteners fmished to mateh
hardware.
8. Fabric:nion: Pressure laminate face sheetS to core, edges scaled with continuous locking strip or lapped
anQ formed. Miter and weld come:s with welds ground smooth.
a. Furnish unitS with CUl~uts, drilled holes, and internal reinforcement to receive partition-mounted
hardware and accessories.
b. Doors and: Panels: Not less than 1 inch thick. sizes as shown.
c., Overhead-Braced Pilasters: 1-114 inch thick with galvanized steel floo; supports and leveling
bolts. Overhead brace of continuous extrUded aluminum tube, antigrip design with clear anodized
finish. Set and secure brac: intO top of each pilaster.
d. Wall-Hung Screens: l-inch-thick units, size as indicated, of .same consuuction and fmish as
partition system panels.
9. Hardware and Accessories: Furnish for each door. as follows:
a. Hinges: Either surface-mounted or cutout-inset type, adjustable to hold door open at any angle
up to 90 degrees.
b. Latch and Keeper: Rcc:ssed latch unit with combination rubber-faced door strike and keeper.
c. COal Hook and Bumper: Manufacturer's standard rubber-tipped unit.
d. Door Pulls: ManufactUrer's r.andard.
SIN 1:55195.28
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City of La Pone
9257
Toile: Companmc:ns
Page 10155-2
10. Baked Enamel Finish: Manufacmrer'sstandard, color as indicated or as sele:ted from manufacturer's
standard colors.
C. Exc:ution
1. Installation: Install partitions rigid, straight, plumb, and level in accordance with manufacrurer's
printed instrUCtions. Set units with not more than 1/2 inch between pilasters and panels, and not more
than 1 inch clearance betWeen panels and walls.
2. Hardware ~djusunents: Adjust and .lubricate hardware for proper operation after installation.
a. Set hinges on in-swinging doors to hold doors open approximately 30 degrees from the closed
, position when unlatched.
b. Set hinges on out-swinging doors to return doors to fully closed position. '
3. Wall-Mounted Screens: Attach with heavy duty. conc:aled anchoring devices including wall channels,
wall plates. and studs as recommended by manufactUrer. .
4. Oeaning and Final Adjustments: Perform fmal adjustments to leveling devices, door hardware, and
other operatmg pans. Clean expose:! surfaces and touch up minor finish imperfections using materials
and methods recommended by panition manufacnm:r.
5. Replace damaged units that cannot be saxisf:lCtorily tieid repaired, as directed by Architect.
END OF SECTION 10155
SIN 1 :SSI95.28
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Genc::'al Pro\isions, Mechanical and Plumbing Work
Page 15010-1
City ofta Porte
9" --
-;)/
SECTION 15010.. GENERAL PROVlSIONS, MECHANICAL AND PLUMBING WORK
PART 1 - GENERAl.
1.01 ILt:'tATED DOCUMENTS
A. Drawings and general pro\isions of Contrac:, including General a..~d SupplemCltary Conditions and
Di\oision 1 Specifications Se=tions, apply to this Section.
1.02 SCOPE
A. Following requirements apply to the work ne--...ess;u:' to provide a complete plumbing ~'StCm and a
complete air conditioning ~.stc:n as specified in the various sections of this Division.
1.03 ASBESTOS-FREE CERTIFICATION
A. Contractors, Subcontractors, and Material SuppliC!S performing work undc:r Division 15 of the
Specifications shall furnish, undc:r their agreement, contract, purchase ordc::', or similar document, a
properly signed and notarized cc:tification on their company station;u:' that materials furnished for
use on this proje=t undc:' this Section of the Specifications are, to their best knowledge, fre: of
asbestos in any form.
1.04 LEAD FREE CERTIFICATION
A. Contractors, Subcontractors, Sub-contraCtors and Material Suppliers pc:rforming work under Dhision
15 of the Specifications shall furnish, unci=' their agreement, contract, purchase order, or similar
document, a properly signed and notarized certification on their compaIl)' statiOIlaI}' that matcrlals
furnished for use on this project under this Section of the Specifications are, to their best knowledge,
free ofIead in any form.
LOS RELATED WORK IN OmER SECTIONS
A. Electrical: Division 16, exc...."t as noted.
B. Field painting of mechanical work: Division 9.
C. Chases and openings: Various sections.
D. Installation of acc:ss panels: Division 9.
E. Exterior wall louvers: Division 7.
F. Concrete bases, pads, and foundations for mec::amcal work: Di'l."isi'"t13.
G. Flashing of stacks, ducts, roof drains: Divsion 7.
H. Special equipment: Division 11.
L See specifications hcn:inaftcr for cxc..."tions and clarification of the above items.
1.06 CONTRACTOR'S QUALIFICATIONS
A. AI1 acceptable contractor for the work undc:r this Division shall be a specialist in this field and have
the pC'Sonal cxpcnClce, training, and skill and the organization to provide a practical working system.
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General Provisions. Mec.'lanica1 and Plumbin2 Work
, Page 15010-2
9257
If required. be shall be able to furnish acceptable evidence of having contracted for the installed nOl
less than 3 S)'Stem5 of comp3I'able size and type to this one, that have served their own~ satisfactorily
for not less than 3 ye3fS. Provide: foreman in charge of this work at all times. The fore:nan for this
woti\: sballlui\'e bad e:\.-perie:1ce in installing not less than 3 su:h systems and shall be approve: before
work is begun. and mar not be removed without o\\'I1er's approval.
1.07 JOB CONDmONS
A. Failure to route pipes and/or ductsth.-ough the building without interfering with oth= contractors'
equipment or construction shall not constitute a re3Son for an extra charge. Cb=* architcc:ural and
strUctUral drawings and details for interferences as governed by strUCtural or other conditions before
installing work. The right is reserved to make any reasonable change in location of the various cicces
of equipment, ducts. pipinS and mechanical systemS shown on drawings prior to roughing-in ~thout
invoh.ing additional expense.
B. The Architect reserves the right to reject any equipment which. in his opinion. does not fit the space.
The dra"ings show the general arrangement of wo~ should local conditions necessitate a re-
arrangement of same. or if the piping or ductwork can be nm to bener advantage. before proc::ding
with the work. prepare and subrnit dra\\ings in triplicate of the proposed re-arrangement to E."l.gineer
for approval. Due to the small scale of the drawings. it is not possible to indicate all offsets, finings.
etc.. which ma~' be required. Piping and ductwork shall be installed concealed unless other\\ise noted
on the dra"ings. and except in mechanici ~.
c. Piping and ductwork shall be installed to provide a maximum pOSSIble clear beight underneath; ie..
piping and ductwork shall be held as high as possible.
D. Equipmc::1t requiring service shall be made easily accesSIble.
E. Large equipment, too large to permit access through doors shall be placed. in the building before
~nstrUCtion progress limits and acc:sS1oility. Apparatus to be placed in the building shall be cn"bbed
up and protected. Contractor shall disassemble large equipment to permit installation through normal
room openings. when required.
F. ~otection of Equipment: Take such precautions as may be nc:cc:ssary to properly protect materials
and equipment from damage. This shall include the erection of required tempcr.~' shelters to
adequately proteet any materials and equiplIic::n1 stored in the open on the site. the cribbing of lID}'
materials and equipment above the floor of the c:onstnlCtion and the covering of materials and
equipment in the uncompleted building with tarpaulins or other protective coverings. Provide
prote::tn'e sheeting over equipment for protectiOn during CODS1IUCtiOn.
1.08 GUARANTEE
A. Work shall be maranteed and serviced for one vear from date of issuance of certiiicate of substantial
completion b~. o\\'I1er against all dcfc:cts in m~als and worlananship. regardless of the delivery or
stan-up date of the equipment Filter media shall be changed just prior to owner's acceptance.
Pro\.ide four (4) year extended warranty for compressor units. .
B. . In cases of dispute as to the cause of imprope:- ftmctioning of the S)'Stcm or any of its par.s. the burden
of proof that he has compiled with the Contract Documents rests with the contractor and he shall
submit in writing his opiniOrl of the cause and his recommendatiOns for pro\.ing the adequacy of his
worle. . The O"ner shall have made those tests be d=:ms advisable. by lID independClt testing
labora1Ory of his choice. If any test so made indicates a defeet in materials or worltmano;n;p. or that
one or more manufactured components of the system arc performing below the standards set by the
manuiacturer's published data and these specifications. the entire cost of such tests shall be paid by
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General Provisions, Me:hanica1 and Plumbing Work
Page 15010-3
9257
the contractor, :md he sh:sll also P:1Y for re-lestins of the correct system until it func:ions satisfactorily.
1.09 MA TERlALS AND EQUIPMENT
A
Materials or eawomcnt furnished for this work shall be new and delivered in unQama2ed ori2inaI
c:3lCS plainly ~~ked for id=uification. No "close-outs" shall be allow~ contractor shan pro""vici:
c:rtification regarding this item.
1.10 WGRKMANSHIP.
A Install materials and equipment in a first-class, workmanlike manner, using craftsman skilled in thiS
particular work. Arr:' item which does not present a reasonably neat or worlananlike appearance may
be directed to be remo\'ed and replaced. providing that such item could have be: installed in and
ordc:rIy way by usual method for such work.
1. J 1 RELA nON WIlli or~ TRADES
,.
A. General: Carefully stUd~. mane:-s and conditions concerning the site, existing work related to this
projec:. and the new constrUction. Submit notification of conflict between this work and that of other
trades in ample time to prevent unwarranted changes in any work. Review othC" Divisions of these
Specifications to determine mechanical requirements for other work such as \-arious types of
equipment, and pro\ide rough-ins, accessories. and connecting not specified in other Divisions but
necessary for proper functioning of such other work.
Coordination of Work: Because of the complicated relation of this work to the work of IIW1\' other
trades employed in the ac::omplishment of the total project, the contractor for this work shall
conscicntiousl~' ~' this relation and cooperate \\ith trades as nec:ssar:' to accomplish the full intent
of the Documents.
B.
C. Concrete: Concrete pads shall be furnished by the General Contractor. Furnish and locate in fOImS
inserts required for this work. Stub-up and protect open ends of pipe before any concrete is plac:d.
Mechanical and Plumbing Contractors shall furnish sizes of the required equipment pads and locate
boliS and tinings required to be cast in concrete pad.
D. General Construction: Furnish and locate required sle:vcs for pipes, frames and supports for other
items which shall be built-in as required to permit proper iDstallation of such work. The General
Contractor shall cut holes required by this Sub-contractor for installation of pipes. ducts, etc. This
Sub-contractor shall pay for such cuC".ing, and shall furnish to the General Contractor a shop drawing
showing the location and sizes of holes required to be cut At the option oCthe GenC"al Contractor.
the Mechanical and Plumbing ContraCtors may mark at the job site holes required in lieu of submitting
a shop dra\\ing. The General Contractor shall patch holes cut in the building structure to
accommodate pipes, ducts, etc. Patching shall be performed neatly using: the same materials and
employing woricmen skilled :n the appropriate trade. Painting. furring and patching of surfaces shall
· be done by the General Contractor, exc.."t that cutting and patching involved in re-worlcing the
surfaces after painting contractor has applied fmish coat, resulting ~ this section of the work, shall
be pai:!. for by this Contractor.
E. , Flashing into roof and walls sball be by the General Contractor, exc..-pt that this contractor shall flash
lines CXlCnding through the roof. This contractor shall counter flash all ducts, pipes, etc., where they
penetrate roofs and outside walls.
F, Ee:trical Consuuction: Coordin:lte with electrical section such that items wbich require electrical
power will be compa.uole with electrical services shown on Electrical Dra\\ings. Prior to the
fabrication of any ductwork or the installation of any devices in the ceilings, the Sub-contractor shall
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City ofta Pone
Qene:-a1 Provisions, Mechanical and Plumbing Work
Page 15010-4
92Si
review dra~ings to ascertain if the loc:1tions of d:\ices in the ceilings are such as to create a pattern
wmch is compatible v.ith, the re..f}ected ceiling plan md the spacings of the various electrical devices.
Electrical Contractor will furnish motor starte:S, exc..-pt where indicated otherwise in these
specifications. Eectrica1 Contractor will wire, install and connect motor starters as shown on the
Ee=trica1 P!ans. It shall be Mechanical Contr:1Ctor's responsibility to ensure that starters have properly
sized th:rmal overloads in each leg, and furnish and install extra' contacts for interlocking where
required. Waen individual starters are fuInished under Mechanical Division, starters shall be same
manufa~turcr as those furnished by Electrical ContraCtOr, unless approved otherwise by the Engineer.
E:<c::pt for such ite:nS as are normally wired up at their point of manufacturing and unless spccitically
noted to the contrary herein, Electrical Contractor will do the electrical wiring for power supply.
Control wiring and interlocks shall be furnished under mechanical section of the specifications.
1.12 EQUIPMENT FURNISHED IN OTIIER DIVISIONS OF WORK
A General: Pro\ide service connections to items of special equipment furnished under other Sections
of these Specification or ~,' Q\\l1er, as may be required for complete and proper functioning of such
equipment
B. Equipment Drawings: Drawings for special equipme:1t are included in bidding Documents. It shall
be expressly understood however, that detailed shop drawings of equipment will be furnished
indicating exact number and iocation of rough-in points. Such final shop drawings may indicate
adjusun~ in total number and exact location of rough-in points, and in equipment dimcsions.
Arrange to ~orm to such adjustments and to field conditions, as claims for extra work will not be
allowed on such account '
C. Rough-in: During roughing-in phase of ,",rork, extend service piping to various items of equipment,
at proper points as indicated on detailed equipment shop drawings and/or as directed. Do not use
contract drawings accomPanying these specifications for rough-in locations but only for pipe sizing
and general routing. ,
D. Final Connection: Provide acc:ssories to connect equipment furnished by others, such as supply
fittings, sink strainC'S, tailpieces, traps. and stramC'S unless specifically noted otherwise. Provide
standard ite::1S such as pipe, fittings, adapters, insulation, and other plumbing materials required to
connect from rough-in loeauons to service fixtures and associated apparatus, including necessary stOp
valves and p-traps. ContraCtor shall operate equipment and notify owner of any problems with the
equipme:1t operation.
E. Stop Valves: Provide stop valves for each service at rough-in lQC:1tions, exc..-pt for drains. Stop valve
locations are subject to approval. and shall be accessible from same room in which equipment is
located.
F. Piping: Exposed piping in toilet areas shall be chrome plated.
1.13 NOiSE AND VIBRATION
A. The entire ~'stem and its component items of equipment shall operate without objectionable vibration
or noises. Rotating equipment shall be Statically and dynanuca1ly balanced and shall be mounted.
supponed and fastened' so that no equipment vibration will be transmitted to the building. If
objectionable noise vibration or transmission thereof occurs, ne"'...essary' remedial measures shall be
taken to eliminate such, unsatisfa.ctor)' operating conditions until noise levels and vibrations are
ac::...-ptable and approved by the Engine:.
GenC'al P~ons, Mechanical and Plwnbing Work
Page 15010-5
9!57 '
1.14
PERMITS, r c::.S, REGtn.A nONS
A.. Permits: Obtain permits required for this work and pay fees required
B. Regulations: Conform to City, Stat:, and other Codes appliable to this work and in effect at the time
the work is performed. Mechanical work shall also comply with applicable rules and regulations of
the Swc Fire Lic=nsing Sla!1dards, Underwriters' Laboratories, ASHRAE Manual, SMACNA Manual,
National Eectrical Code, and O.S.H.A. Standards.
1.15 CONFLICTS
A In cases \\nerc: contract documents cxc..-ed code, or Ordinance requiremen1S. the contract requirements
govern. Wherever confiicts occur betWe:n difi'crent parts of the contract documents, the greater
quantity, bencr quality, or larger size shall prevail unless Engineer informs Contractor otherwise. In
cases of contlict; submit request for direction before proceeding with the work. When reauested.
satisfactor)' evidence of compliance \\ith applicable regulations shall be Submitted. .
1.16 TEMPORARYFACn.mES
A. General: Pro"ide temporar:' uti1i~' services required during constrUCtion. At completion of work,
remove tc:tnpOI'llI)' services. Refer to Division 1.
1.17 PERMANENT UTILITIES
A. General: Provide permanent conneCtions to existing services for sanitary, domestic water, natural
gas, and other utility services as required by the Work.
B. Connection charges: !be Contractor shall mange with authorities and utility companies for fees and
service connections, ~ing locations and ammgement and p~ing all charges, including
, inspections. arrangements for cutting and patching pavements, sidewalks, etc.
PART 2 - PRODUCTS
2.01 SHOP DRAWINGS
A General: Conform to Division 1 for additional shop dra\\ing requirements.
B. Material and Equipment List: Within two weeks after award of Contract, and before orders are placed.
submit a list of proposed equipment and principal materials for review, giving names of
manufacturcts, catalog numbers. and such other supplementary information as' nCCCSSarj' for
identification. $ubmit'list in advance of detailed Shop Drawings and other data specified below. If
this list is not received within time allotted. USe exact material specified with n9 substimtioDS.
C. Materials and Equipment Shop Drawings: Submit detailed shop dra\\ings, descriptive lite:-atUre,
physical data, and performance data at one time in an indexed hardback binder. Submit through
normal channelS. '
D. Final Submittal: In addition to number of copies of shop drawings and other data required for review
subrniaals, maintain a separate file of final appro~ copies of such material, and deliver in a hardback
binder immediately prior to final ac::..-ptanc: of project. for Owner's use. Incorporate changes and
revisions made througDout constrUCtion period.
E. ConU'actor'sCheck: Shop drawings shall be submitted by contractor who shall indiate by signed
stamp on drawings that he has checked shop drawings, that work shown on them is in a::cordance with
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Gencr3l Provisions. Mechanical and Plumbing Work
Page 15010-6
ConU'llCt requirc::ne::ts and has been checked for dimensions and relationship with work of othe:- trades
involved. If cirav.in~ lIJ'C submitted for approval that have not been checked and signed. th~. v.ill be
returned to Sub-cont:'aCtor before being conside:-cd.
F. Ductwork: Submit fully detailed drawings indicating eievation of bottom of ductWOrk above finished
fioor line. and exac: size and location of framed. cast or masomy openings required. Indicate location
and size of all acc..-ss panels in ceilings and walls.
G. Contrci1 SystemS: Submit detailed conuol and electrical int::'lock diagrams. showing terminals points
and wiring.
H. ' Equipment Romns: Submit for review, detailed layout of mechanical equipment rooms, and othe:'
complex areas. Show actual equipment to be installed and with piping fully detailed, to show
clearances. headroom. piping ro~g, fioor drains, valve positions. pipe hangers, insulation. panels.
and other pertinent information. Prepare dm\ings to scale of at least 318-inch per fOOL Mechanical
equipment shO\\'D on drawings and specified is schematic. If the arrangement is not ac:::eptable, the
proposed equipment and/or arrangement shall be modified or changed as required to be made
ac::::ptable,to the rC\iC\vmg personnel.
t. Submission: Brochures, diagrams and drav.ings sufficient to show mechanical characteristics. size.
la~"Out and relation to other pans of the ~"Stem shall be required for the following items of work:
Fan coil units
IJr handling units
Air cooled condensing units
Hot water boiler
Hot water pump.
Hot water coils
Filters
Flues
Fans
T empe:-ature controls
Thermal insulation
ViDration isolators
DuctWOrk
Dampers
Grilles. registers, ciiffuse:'s
Motor controllers .
Plumbing fixtures
Water heater
Drains and cleanouts
Hangers and anchors
Strainers
Valves
Specialties, (i.e., vents, pressure gauges, thermometers, pressure reducing valves. etc.)
J. Requirements: Submiaed btochUres and dra\\ings shall consist of published ratings or capl1ci:y data,
detailed constrUCtion drawings. wiring and control diagrams, performance curves, installation
insuuctions. manufacture's installation drawings and other pertinent:iata. Where lite:'atUre submitted
covers a group of series of simii:1r ite:n!, the 3pplicable item shall be clearly indicated. Drawings
shall show any t'e\isions to equipment layouts required ~. use of equipment being submitted.
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General Pro\isions, Mechanical and Plumbing Work
Page 15010-7
PART 3 - EXECUTION
3.01 PAINTING
A. Finish factor)" assembled equipment for air conditioning and plumbing work that is normally deliverec
with a factory applied finish. except ~:s VIoith not less than 2 factory applied coats of baked-on
enamel. Prote:: this finish from damage due to constrUction operations until date of substantial
completion. Satisfactorily restore any such finishes that become stained or damaged.
.
3.02 EXCAVATION AND BACKFILL
A. 1;>0 n=essary excavation and backfilling for installation of work in this Division. Remove resulting
debris and excess material from the site. T aiee care not to excavate below the depth required, that
trench beds are wen-rounded, and that ground under pipe line is firm and secure before any pipe is
laid. Pipe bBrTCl shall be continuously supponcd by sand bedding in tr=u:h bottom with fittings, joint.
ctc., located over special depressions to pre\'c::1t contact with trench bottom. Provide shoring. bracing,
and de-watering nccessaJ). to accomplish this work. Bacldi11 shall be moistened as required for prope:'
compaction to prevent future senlement and c:arefuil). tamped in 6 inch layers to oriPnal grade and
compaction. Under paved areas, compact backfill to density required in Division 2. Cutting of
existing paving. curbs, walks. etc., shall be included in this work. with repair to same to match the
existing finish. Cutting of existing concrete meets, driveways, floors or wa1kwa~..s shall be saw-cut
Provide a minimum of 24- of cover ove:' new lines, unless otherwise approved by the Engine:'.
B. Trenches shall be of necessary VIo-idth for the proper laying of pipe, and the banks shall be as nearly
vertical as practical.
3.03 PIPE TESTING
A General: Furnish instrumcts necessary for tests. Such instruments shall be approved for calibration
and accuracy. Furnish labor necessll%). to run the tests and obtain required information. No insulation
shall be applied until tests have been completed. Underground lines shall be tested before backfilling.
Pipe shall be degreased and cleaned before installation. Tests shall be performed under supervision
of the Engineer.
B. Plumbing: New piping systemS shall be thoroughly tested for leaks and approved by Owners'
representatives and local authorities having jurisdiction. Acc:ptable proof of such approval shall be
submined before any SiJch work is covered or conc:aled. Local codes and regulations govern the
extent of the tests for each ~"Stem. Howc:ve:, the followinS minimum tests shall be made:
1. Sanitary drain liDes - Lines shall be tested by filling full to the top with water and held so for
24 hours. Such test shall be made after rough-in is completed and before fixtures are
connected.
2. Domestic hot and cold water lines - T cst at a hydrostatic pressure of 100 psig and prove then
tight at that pressure. Maintain test 24 hours.
3. NatUral gas lines - Test at SO psig and prove tigt at that pressure.
C. Mechanical: Test piping for leaks. Refrig=ant lines shcll be testec. at 100 psig using nitrogen. and
dehydrated before charging \\ith refrige:ant Hot water lines shall be tested. at 100 psig hydrostatically
for 24 hours. Drain lines shall be tested ane all joints proved tight. Obtain approval of the systems
before th~' are covered up or conccaied.
D. Piping shall be clc::med as specified. Aiter pipe cleaning is complete, strainer baskets shall be
removed. cle:med. and replaced.
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General Provisions, Mechanic;al and, Plumbing Work
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3 .04 SYSTEM AND EQUIPMENT TESTING &. INSPECTION
A. The HV AC system sball be tested and balanced by a se?arate contractor employed by the General
ContraCtor.
B. Demonstrate that valves and equipment are properly installed and operating satisfactorily and have
bc:::n set for the prope:' water balance. Verify pump and motor rotations. Cle:m strainers at completion
of balancing.
C. Automatic controi systemS shall also be adjUSted for quiet operation and for normal operating
conditions.
D. Should ;my pic= of apparatUS or any materials or work fail in any of these tests, it shall be
immediately removed and sba1l be replaced by perfect material. and the portion of the work replaced
shall again be tested by the contraCtOr at his own expense.
E. Lubrication: The Contractor shall provide lubrication for the operation of equipment until final
acceptance of the equipment by the Owner. The Contractor shall be held responsible for damage to
bearings wmle the equipment is being operated up to the date of final acceptance of the equipment by
the Owner or until beneficial occupancy by the Owner. The ContraCtOr shall be required to protect
aU bearings during installation and shall thoroughly grease steel shafts to prevent corrosion. Extended
lubrication lines shall be installed for pans requiring lubrication which arc concealed or inaccessible.
F. Air handling units and fan coil units shaD not be operated until specified filters have been installed.
Strainers shall be cleaned after the water balancing has be:n completed.
G. Adjust and align sbafts, bearings, motors, couplings, belt drives, etc. Provide and securely tighten
shims required to assure retained horizontal alignment of cquipmenL V crify COrTCCt motor rotation.
Read and record motor CWTCDts, and verify that overload relay heaters in starters arc correct size.
H. Chcclc and adjUSt vibration isolators; remove and replace any isolators showing overload.
I. The discharge characteristics specified in connection with the various fans may or may not be exact!y
correct for the system. It ;;~a11 be the obligation of me Mechanical Contractor to furnish new drives
a.,d1or motorS, ifnecessary, to change the speed of me fans to obtain sp~ified vol1.UUe.
J. Before calling for final inspection, the various systems sba1l be operated for a period oftbr:: (3) days
and show satisfactoty operation.
K. The contractor shall make an inspection during the opposite season from that in which the initial
adjustments were mad:, and at the time make any Decessary modifications to initial adjustments
rcquircrl to produce ope:abon of the System components, and to produce the proper conditions in each
conditioned space.
L. Equipment shall be selected to opctate with a minimum of noise and vibration. If, in the opinion of
the Arc~itcct, objectionable noise or vibration is produced or tranSmitted to or through the building
strUCI.UrC by equipment. piping, ducts or other pans of the work, the contractor shall rectify such
conditions without extra COSIto the Owner. .
3.0S DESIGN CONDmONS
A. The design temperatUreS for the air conditioning system have been established as follows:
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General Provisions, Mechanical and PlumbinS Wcr.k
Page 15010-9
Outsid: design conditions:
Inside design conditions:
Summer
950FDB,800FWB
740FDB, 50% RH
Winter
20DFDB
750FDB
B. Range ofincioor design goals for HV AC sound conlJ'ol: NC 35.
C. Occupied spaces shall have an NC criteria curve range not to exceed NC 35.
3.06 CONCRETE BASES
A. Concrete Equipment Bases: Concrete pads and bases for equipment will be provided under other
Di~isions of the Specifications. Bases shall be 3000 psi reinforced concrete placed in accordanc: with
the concrete specifications of these specifications. Bases shall be provided for floor mounted
equipment and where shown on the plans. Concrete bases shall be a minimum of 4 D high and project
3D beyond equipment on sides. Edges of bases shall be beveled.
B. Anchor Bolts: Furnish and install galvanized anchor bolts for equipment plac:d on concrete
equipment pads or on concrete slabs. Bolts shall be of the size and numb~ recommended by the
manufacturer' of the -:quipment and shall be located by means of suitable templates. When equipment
is placed on ~'Dration isolators. the equipment shall be secured to the isolator and the isolator secured
to the floor. pad, or support as recommended by the VIbration isolation manufacturer.
3.07 SAFETY GUARDS
A. Furnish and install safe~' gtWds required to obtain certificates of inspection from City, State and
lndustrial Accident Commissioners. Provide access hole in guard for tachometer reading. Guards
shall not interfere with lubrication of equipment
3.08 SUBSTITUTIONS
A. Certain materials, equipment, methods and services are required by these specifications to establish
, the required standard of quality, function and appearance. No other materials or manufactUrerS will
be acceptable. Refer to Division I regarding substitutions. A suitable credit shall be provided for
substituted equipment, for the Owner's consideration.
3.09 SLEEVES; PIPE OPENINGS~ CUTTING AND PATCHING
A. The Contractor shall be responsible for the timel)' placing of sleeves for piping passing through new
walls, partitions. beams, floors and roofs while the same are under constn1Ction. A pipe sleeve shall
be one size larger than the size of pipe it serves. If the pipe is insulated. its pipe sleeve shall be one
size larger than. the outside diameter of the insulation around the pipe. Sleeves in floors shall extend
two inches' above the finished floor. Pipes passing through concrete or mfSomy walls above grade
shall have 18 gauge galvanized steel sleeves. 51c:ves set in concrete floor constrUction shall be at
least 16 gauge galvanized Sleel except at pipe supports. Sleeves set in concrete floor constrUCtion
suppOrtinS riser piping shall be standard weight galvanized Sleet ~lceves supporting riser piping 4D
and larger shall have three 6. long reinforcing rods welded at 1200 spacing to the slc:\'C and shall be
installed embedded in the concrete or grouted to existing concrete. Whe::-: the pipe passes through a
sle:ve, no point of the pipe or its insulation shall touch the sleeve. Caulk around pipe with sufficient
quanti~' of UL listed sealant (similar to applicable 3M and Dow Corning products) and fire: safing
insulation so that the assembly equals the fire: rating of constrUCtion pez1etr:1ted by the sleeve.
B. Where sleeves pass through roof or floor requiring waterproof membrane, le3d flashing with a de:2sity
of at least three pounds per square foot shall be built into the membrane a minimum of eighteen inches
to provide a watertight installation.
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General ProvisIons, Me--..hanic:U and Plumbing Work
Page 15010-10
C. Openin!p> for pipes through existing walls and/or floors shall be core drilled.
D. If holes or sle:ves are not properly installed and cutting and patc.iing be:omcs necessary, it shall be
done at no c::<pense to the Owner. The Contr~tor shall undert3k: no cutting or patching without first
securing the Architect's wrinen approval.
3.10 ESCUTCHEONS
A Furnish and install hea....'Y chrome-plated or nickel-plated plates of approved pattern on pipes passing
through walls and ceilings :.-: finished areas. Escutcheons shall be B &. C No. 10 or approved equal
chrome-plated or nickel-platedste:l plates with conc=1ed hinges.
3.11 ACCESS DOORS
A. Wherever access is required through waIls or ceilings to valves, fire dampers, or other concealed
equipment installed under this Di....ision, the Contractor shall furnish a hinged access door and frame.
Access panels shall be of one type \\ith cam locks, keyed alike, Access doors shall be equal to Milcor
or Elmdor.
B. Access doors shall be equipped \\ith cam locks.
3.12 OPERATING AND MAINTENANCE MANUALS
A Toe Contractor shall provide, in hard cover looseleaf 3 ring binders, complete operating and
maintenance data of each manufactured item of equipment used in the me--..hanical work at least four
weeks before the Engineer's final review and observation of the project Descriptive data and printed
installation, operating and maintenance instructions for each item of equipment shall be included.
B. Operating manuals and shop drawings shall be submitted in triplicate and shall include:
1. Descriptive data of each system and piece of equipment including ratings, capacity,
performance data. operating curves and charact::ristics, and wiring diagrams.
2. Fully detailed spare parts list including source of supply for each piece of equipment
3. Printed instructions descnbing installation. operation, service, maintenance, and repair of
each pic:cc of equipment
4. Typewritten leSt reports, of tests made of materials, equipment and system under this
Division. Test reports shall include the dates of the tests, n!UI1e of person conducting and
witnessing the tests and record of conditions relative to the tests.
5. Temperature control diagrams complete with instructions for each step in the start-up ,and
shutdown of the air conditioning systems. Include pr=sutions and instructions for servicing
each item of the system.
6. Copies of "Reviewed. shop drawings.
7. Print copies of the record mylars identified hereinafte: in the paragraph entitled "Record
Drawings-. '
8. test and balance report.
9. Copy of warranty for systi:m along with extended warranties, such as for automatic controls,
etc.
10. Name, address and telephone number of architect, Clgineer, owner, and subcontractors
involved with project.
3.13 INSTRUCTIONS TO THE OWNER
A The Contractor shall instruct the Owne:'s operating personnel during start-up and separate operating
tests of the complete mechanical and plumbing systemS and each major item of equipment, including
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Gene'al Provisions, Mechanical and Plumbing Work
Page 15010-11
9157
pumps Dnd fans. During the op::-ating teStS, the Contractor shall prove the operation of equipment to
the satisfaction of the Architect. At least seven days notice shall be given to the Architect of
equipment start-up and operating tests. The times for instructional periods must be approved by the
Owner.
3.14 RECORD :)RAWINGS
A. At the completion of this projcct, provide for Owner one complete set of mylar reproducibles showing
work installed and changes made, prepared in such a manner so as to enable the ~er to properly
operate:, maintain and repair both c:cposed and concc:a1ed work.. Secure: and pay for m)'lars of the:
contract record drawings as described above:. Maintain a complete set of up-to-date blue1ine: prints
on the job; these: drawings shall be kept current on a regular basis. Changes to the job pl~ shall be
made with red pencil and shall be used as a basis for preparing the: final prints. Record drawings for
the Owner's me shall also be corrected in pencil andmarXed -Record Drawings Showing Significant
Changes, - dated and signed by the contractor. Underground lines shall be dimensioned fi:om key
elements of the buil~~
3.15 CLEAN-UP
A. Remove excess material and debris. Clean equipment and plumbing fixtures. Clean outlines ane.
fittings and adjust valves. Plae: mechanical systems in complete werking order before requesting for
fmal inspection. Areas broom cleaned. Ductwork shall be thoroughly cleaned inside and out before
grilles are installed.
3.16 EQUlPlv1ENT SUPPORTS
A. ' Steel Supports: Provide horizontal taDlcs, outside: piping. and similar items with suitabie floor stands
consttuctcd of strUCtural steel members and/or stc:l pipe; mounted and bolted on concrete pads.
, Supponed e:iling mounted equipment from suitable: brackets, platform framing or similar provisions,
fabricated of suuctural stee! membe:s. Submit design and arrangement of strUCtUral supports for
review by Strucroral Engineer.
3.17 FINAL INSPECTION
A. Schedule: Submit "Tinea notice upon completion of the contract work including testing, adjusting
and clean-up, requesting final inspectiOD of the completed installation which shall be scheduled as
soon as possible after receipt of this DOtie:.
B. Personnel: A qualified represc:ntative of the ContraCtor for this work shall be p~t during this
inspection to demODSC'llte the system and prove: the: performance of the equipment
3.18 VlSITING SITE
A. Contractor shall visit the site and inform himself of the conditions under which this work must be
performed. No subsequent allowane: will be: made in his behalfbccause of error on his pan of failure
to visit the site and obtain the necessary information to completely eStimate all work involved.
3.19 IDENTIFICATION
A. General: Name platcs and tags shall correspond to the identification shown on the Operating
Instructions and Record Drawings.
B. Pipe: Identify exposed and conce:1led pipe lines by Se:ton prefonr.:d -Setmark- l}'Pe SNA for sizes
to 6- and STR for sizes 6. and larSe: markers shall be snap-on or str:lp-oD type. Provide flow arrows.
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General Pro\isions, Mechanical and Plumbing Work
Page 15010-12
Space markers :md arrows not ~ater than 40 ieet apart. I~r each line at le:lSt once in e\'=~: room
or confined area. and at C\'ery tee or branch connection other than direct equipmct connections.
1nsta11 markers as recommended by the manuiacturer.
C. Equipmot: Labels shall be of engra\'ed laminated plastic and secured to equipment with escutcheon
pins, self-tapping or machine screws. Use black plates with wbite lenering. Labels shall be 3" long
b~' I" high. Gcnc:ra11y, the numbc::' and name shall be a least 114 inch high and other ciaIa. at least 118
inch hiih- Provide a plate to identify each itcn of equipment. Each plate shall bear the manufacmre:'s
name and address, and the item's trade name and catalog number, etc., securely affixed to the
equipment in a conspicuous place. Care sha.11 be taken not to obliterate the identification in any
manner. Control panels shall be identified as to piece of equipment which it controls. Each air
conditioning unit, centrol ~itch and electric ~i.tch sha.11 be similarly identified.
3.20 CLEANING OF PIPING SYSTEMS
A New piping systemS must be thoroughly cleaned and purged' of constrUCtion debris and contamination
prior to placing into service.
B. Liquid systems such as hot water, domestic hot and cold water shall be flushed and drained a
minimum of two times with domestic cold water until clean. Cleaning operation shall be ~itncssed
by the Owner.
C. Hot water and domestic water systems shall be filled for initial operation with domestic cold \'I.'ater.
Clean out sttainers.
D. Chemical cleaning of piping systcinS will be required far hot water piping. Systcn shall be as
manufactured by Hydro Systems, Inc., Nalco, or Mogul, and circulated a minimum of 48 hours. The
building piping must be completely isolated and thoroughly flushed out and drained to waste prior to
filling with fresh water.
3.21 STERn..IZATION OF DOMESTIC HOT AND COLD WATER
A Sterilize new domestic hot and cold wale:' piping. Introduce chlorine or a solution of calcium or
sodium hypochlorite, filling and lines slowly and applying the stcrili:zing agent at a rate of 50 ppm of
chlorine as determined by RSidual chlorine tests at the ends of the lines. Open and close valves while
the ~rstcm is being chlorinated. Ak: the sterilizing agent bas been applied and left standing for 24
hour, test for RSidual chlorine at the ends of the lines. If less than 2S ppm is indicated, repeat the
sterilization process. After standing for 24 hours and tests show at least 2S ppm of RSidual chlorine,
flush out system until traces of the chemical used are removed. '
B. Isolation of the piping being sterili.".cd must be ac:omplishcd prior to introduction of ch~cals.
3.22 UNKNOWN UTn.ITIES
A If unknown and uncharted utilities are encountered during excavation, promptly notify Owner and
wait for instructions before proc=iing.
B. If it is asc:nained by Owner that such utility line has bc:n abandoned, properly remove line as
dire:'.~ If such unknown utilities,are encountered and work is continued without contactin2 Owner
for instructions, and damage is caused to said utilities, contraCtor shall repair, at his own exp~e, such
damage to satisfaction of Owner.
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" .-"
EXTRA WORK
A Provisions of this Cont:act shall be met ~ithout extra cost to the OwnC'.
General Provisions. Mechanical and Plumbing Work
Page IS010-13
"... .
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B. No consideration will be given for extra cost based upon the following:
~
3.24 SAFETY
1.
Acc....-ptance of equipment requir.ng modification of the Electrical Syste:n as indicated on the
Drawings. Tne responsibility for coordinating any proposed substitution is that of the
Contractor. If sbop dra\\ings are submined and accepted. the Contractor shall bear all costs
associated with the use of the accepted products. making whatever price adjUSlments may
be required between his subcomractors without ~. addition to the Cont:'act amount.
Rejection of proposed equipment othC' than that indi::ated on the drawings or as specified
herein.
Duct or piping modifications required to tit the duct or piping within the allotted space, or
with any associated offsets or transitions.
Installation revisions or modifications resulting from failure to coordinate the total
. installation prior to such installation.
The installation of anv reauired control device. whether indicated on the Drawinszs or not
Failure to coordina~ the. electrical requirements of this Division with those of Division 16.
2.
3.
4.
s.
6.
A As related to work done under this Di"ision of the Specifications. the Contractor shall be responsible
for the safety of persons on the site during the term of this Contract. He shall wilizc constrUCtion
techniques, materials and procedures, as well as cxe:rcisc due control, to prevent injury to pc:sons at
the jobsite.
B. This responsibility shall not be used to prevent access to the jobsitc.
3.25 EXISTING F ACn.mES
A The Contractor shall be responsible for loss or damage to the existing facilities caused ~. him and his
worlcmcn. and shall be responsible for repairing or replacing such loss or damage. The Contractor shall
send proper notices. make necessary arrangements, and pe::form other services required for the care,
protection and m-SC"\ice maintenance of all plumbing and mechanical services for the 11C\\' and
existmg facilities. The Contractor shall creet tc:nporary barricades. with ncc::ssary safety devices, as
required to protect pc:sonnel from injury, rcmo..ing all temporary protection upon completion ofthc
work.
B. The Contractor shall pro..ide temporary or new services to all existing facilities as required to maintain
their proper ,opczation when normal SC"\-ices are disrupted as a result of the work being accomplished
under this project :
C. Where existing constrUction is removed to pi'O\ide working and extension access to =cisting utilities. .
Contractor shall remove doors. piping, equipment., etc.. to pro..icie tJUs access and shall reinstall same
upon completion of work in the areas afic:::tcd.
D. Where partitions, walls, or ceilings of e:cistingconstrUCtion are indicated to be removed, Contractors
shall remove and reinstall in locations approved by the Owner all devices required for the operation
of the various systc:ns installed in the e:cisting constrUCtion. This is to include, but is not limited to,
tc::nperaturc control ~'Stem devices. relays. fi.\."tUrCS, piping, etc.
E. Outages of services as required by the nC\\' installations will be permitted but only at a time approved
by the Owner. The Contractor shall allow the Owner 48 hours in order to schedule required outagC5.
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Gener31 Pro\isions. Mechanicnl and Plumbing Work
. Page 15010-14
The time allowed for outages ""ill not be during normal working hours unless othe:wise 3pproved by
the Own:%'. All costs of outages, includi'-lg overtime charges, shall be included in the con::-ac: amount.
F. Coope:-ate with the Own~ to close all required valves and drain down the ':arious pressure syste:ns
as required for tie-ins and dcnolition. Ak::r ContraCtor has completed tie-ins, coop~ate with the
Owner and refill system and open valves as required to make system operational.
3.26 DEMOLmON AND RE.OCATION
A. Toe contractor shall modify, remove, and/or relocate materials and items so indicated on the Drawings
or required by the installation of OC\\' facilities. All removals and/or dismanrling shall be conducted
. in a manner as to produce maximum salvage. Salvage materials shall become the property of the
Owner, and shall be stored where approved by the Owner. The ContraCtor ma~', at his discreo.ion. and
upon the approval of the OwnC', substitute new materials and/or items of like design and quality in
lieu of materials and/or items to be relocated. Non-sal\'ageable materials shall be removed from the
jobsite.
B. The Contractor shall c1eai1 and repair and provide new materials, fittings, and appunenanc=s required
to complete the relocations and to restore to good ope:-ati\'e order. All relocations shall be pe:ionned
by workmen skilled in the work and in accordance with standard practice of the trades involved.
C. Where items scheduled for relocation and/or reuse are folmCi to be in da.-::1ged condition before work
has been started on dismanrling, the Contractor shall call the attention of the Owner to such items and
receive further instructions before removal. Items damaged in repositioning operations are the
Contractor's responsibility and shall be repaired and replaced by the Contractor as approved by the
Owner, at no additional cost to the Owner or the Archite::t.
D. Service lines and wiring to items to be removed, salvaged, or relo::ated shall be removed to points
indicated on the Drawings, spe--..ified, or acceptable to the Owner. Service lines and wiring not
scheduled for reuse shall be re:noved to the points at which reuse is to be continued or service is to
remain. Such services shall be sealed, capped, or otherwise tied-off or disconnected in a safe manner
acceptable to the Owner. Disconnections or connections into the existing facilities shall be done in
such a manner as to result in minimum interruption of services to adjacent oc:...--upied areas. Services
to existing areas for facilities which must remain in operation during the construction period shall not
be interrUpted without prior specific approval of the Owner as hereinbefore specified.
END OF SECTION 15010
City of La Pone ~l'
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Plumbing
Page 15400-1
SECTION 1:'400 - PLUMBING
PART I- G2'F.R.~
1.0 I RELATED DOCUMENTS
A. Drawings and gene:-al piovisions of Contrac:. including Gene:-a1 and Supplemental")' Conditions and
Division I Specifiations Sections. apply to this Section.
1.02 SCOPE
.
A. The following requir::nents apply to work necessary to provide a complete plumbing system.
1.03 PIPING. GENERAl.!. Y
A. General: Reference shall be Ii._je to Section 15010 for excavating and bac~lIing. identification of
pipe ane equipment. pilot installations, pipe and equipment testing, sleeves and escutcheons, and
access doors.
B. L ~::ations. Leve!s and Sizes: Piping shall be run approximately as shown on the drawings or as
:....01crorai and architecmrai conditioY'.s will permit. Piping shall be so installed as not to interfere with
tit: opening of doors or other moving pans nor be near or over any portion of the eiec::-ical equipment
where there might be any possibility of damage. Piping shall be installed as high ane as much out of
the way as possible. Do not install floor drains in rooms until mechanical equipment layout is
approved by the Engineer.
C. Piping shall be nm in straight lines; riser lines shall be plumb with such offsets only as indicated or
absolutely necessary. Piping shall be installe:: parallel to building lines. No saL2ing oflines shall be
pennitted. Proper grades shall be maint:l:.,ed as descn"bed under specific system description
paragraphs of this section of the specifications. Contractor shall detemlOIle grades and maintain his
own lines and levels throughout the progress of the work, and shall be responsible for their
correctness. When necessal)', dimensions shall be detennined at the building or on the grounds at the
site. Contractor shall field verifv the exact size. location and invert elevation of existing, lines before
instani:"1g new service lines. Pro~de deep seal trapS for floor and hub drains. Provide np primer for
floor 2:1d hub drains where required by local code and where shown on the drawings.
D. Unless otherwise shown on drawings. lines shall be installed so that they may be drain~d to the sewer.
E. Pipe shall be of at least the sizes shown on the drawings or specified herein.
F. Piping shall be nm to provide maximum headroom and maximum access to equipment for
maintenance. Connections to.equipment shall be made with unions. Piping shall not contact electrical
conduit at any point. or indirectly through pipe supports. Access doors shall be provided where
required to service valving or equipment which are concealed: access doors snaIl be as specified in
Section 15010.
G. \\'here change in pipe size ocCW'S. such change shall be made with reducing fittings. These shall be
eccenc-ic fittings if required for proper drainage; in no case will any bushing be permitted. Lines
which are to receive insulation shall be kept at I~ 4" apan.
H. Pi':)ing, shalt be concealed in finished ',e!S and exposed in all other areas. Do not install piping in
fl~or ~Iess particularly sho\\'I1. .
1. Clean interior of piping before erection. Cap or plug openings as pipe system is installed and at end
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of each workin!! cia'\'. ClosW"e shall remain until final connections are made. Prior to closinl! the
sanitary sewer ~d St~nn sewe:o sYStems. all sewer piping shall be swabbed end to end. Tnis snail be
done berore making r.nal' connections to equipment.
J. Fi.'\"'tUres and equipmenr shall be adequately fastened and supported. Wood screws shall extend into
solid wood. such as wood insertS. floor joists. StUds. or solid pieces set betWeen stUds.
K. Tnrough bolts shall be provided with washers at back. set so the head. nuts and washe:-s \11.;11 be
concealed. Bolts and nuts shall be hexagon and exposed bolts. nuts. cap nuts. and screws shall be
chromium plated and provided \II.;th chromium-plated brass washers. In metal StUd walls. plates shall
be welded to the me:3l snids for fixtures support as directed b~' the Architect.
L. Tops of floor drains shall be flush with the surface in which iDstalled.
M. Floor and hub drains shall have deep seal p-aaps. Offset vents so as to be 15 feet horizontall~. from
fresh air intakes. Vents shall be installed in rear of roof ridges.
N. Piping MateriaL Reaming: Piping shall be new and unused and shall be full-weight material as
hereinafter specified. Aile:' cutting. pipe shall be reamed out full bore. Remove foreign matte:" !rom
inside of pipe before installing. '
O. Expansion and Contraction: Piping shall be installed in such a manner as to prevent undue SlnSses
and strains to piping and hangers from expansion or contraction. Provision of the proper loops.
offsets, or expansion joints shall be responsibility of this Contractor. Damaged pipe or fittings due
to stiff connections must be removed and replaced at this ContraCtOr's expense.
PART 2 - PRODUCTS
2.01 PIPING FIITINGS
A. Pipe fittings for ISO psig working pressure systems. 2" and smaller. where permitted. shall be
Stockham. Gmmell or approved equal, Class 1 SO, ANSI B 16.3 screwed malleable iron. OthC' fittings
shall be manufactured by Tube-Turn. Grinnell. Taylor Forge. Ladish. Weld Bend. Hackney. or
approved equal, welded fittings. ANSI B 16.9 with wall thickness and material identical to pipe in
which installed. Flanges where specified and/or required. shall be Taylor Forge, National Flange.
Ladish. Grinnell, or approved equal., Class 1 SO. ANSI B 16.5. forged 51=:1. screwed or welding neck
~'Pe as required.
B. Cast-Iron Threaded Drainage Fittings: ANSI BI6.12.
C. Pipe Nipples: Fabric:ate.d from same pipe as used for conne~.ed pipe, excej't do not use less than
Schedule 80 pipe: wh~ lepgth remaining unthreaded is less than ~inch. Do not thread nippies full
length (no all-thread nipples).
D. Cast Bronze Solder-Joint Fittings: ANSI B16.18.
E. Wrought..copper/Bronze Solder-Joint Fittings: ANSI B I 6.22.
F. Cast-Bro~ Solder-Joint Fittings: ANSI B.1623
G. Wrought-Copper Solder-Joint Drainage Fiaings: ANSI BI6.29.
H. Hubless Cast-Iron Soil Pipe Fittings: CISPI 301-78 and comply with governing regulations.
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1. '7ast-Iron Hub-and-Spigot Soil Pipe Finings: ASTM Ai4.
J. Compression Gaske~: CISPI HSN-75.
K. FlaD!~ed Bolts: BoltS shaIl be carbon steel ASTM A-30i Grade A hexal!on head bolts and hexa20nal
nuts~ Grade B bolts shall be used where one or both flanges are c:ast -iron. Cap screws for U:;e on
flanged butterfly ...Gives shall be ASTM A-307 Grade B with hexagon heads.
L. Flange Bolt Thread Lubricant: Lubricant shall be an anti-seize compound designed for tempe:arores
up to 1000DF.
M. Cast-Iron Threaded Fittings: ANSI B 16.4.
N. Malleable Iron Tnr-..aded Fittings: A.~SI B 16.3, plain or galvanized as indicated. Class 1 SO.
O. Malleable Iron Tnreaded Unions: MSS S?-i6: select for proper piping fabrication and service
requirements mcluc:iing style. end COMeaiOns. and metal-ta-metal seats (iron. bronze: or brass), plain
or gal\-anized as indicated.
P. Tnreaded Pipe Plugs: ANSI 816.14.
Q. Insulating (Dielectric) Unions: Provfde dielec::ic unions at all pipe connections between ferrous and
non-ferrous piping. Unions shall be "Devlin" as made b~' Pipeline Seal and Insulator Co. or "EPCO"
, as made by Epco Sales. Inc.. and shall have n~'lon insulation.
2.02 MlSCEL.l.ANEOUS PIPING PRODUCTS
A. Soldering Materials: Compl~' \\ith ,installation requirements.
B. Tin-Antimony Solder 95-5: AsTM B32. Alloy Grade 95 TA. "Sil....abrite 100" lead free solder may
be used as an approved equal solder.
C. Brazing Materiais: Campi)' with ASME Boile:- and Pressure Vessels Code. Section 9, for brazing
mat.-rials.
2.03 JOn..'TS
A. Cast Iron: As specified hereinafter.
B. Screw Joints: Screw jou,us for steel pipe shall be American S~dard and shall be fUll cut threads with
buns removed, reamed and jointed with Teflon tape. .
C. Copper Solder Joints: Copper piping shaIl be jointed with sweat cOMections ~ing 95-5 tin-antimony
solder or "Silvabrite 100" lead free sold=:-. Solder shall not contain lead. Use silver solder for
, underground copper \\'ale:' pipe. Ce:tiiication shall be provided by the ContractOr that solder used for
pipe systems is lead free.
D. PVC Joints: Solvent welded. is recomme:1oed by pipe manufacturer.
E. Dielectric Unions shaIl be used wherever dissimilar metals subject to galvanic activity are joimed
together. such as at equipment connections. tank cOMec:ions, etc:.
F. Nipples: Srcel pipe nipples shall be tbr-..3ded steel nipples. galvanized or blac:k to match pipe. Nipples
used with copper pipe shall be brass.
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Nikaloy frame and cover and wnperprooi screws.
F. NOTE: Use clamping device on cleanoutS that occur in floors having waterproofing membrane.
G. Wall: Smith ;:4431-~13. or approved equal cast iron caulking fe:TUle with Nikalo~' smooth ground
frame and cover and tam;:,:rprooi scre.....s.
2.07 FLASHING
A. ~
Each vent through the reof shall be flashed as detailed on the architectural drawings. Shower drains
and pans shall be provided and flashed as detailed on the architectural plans.
2.08 PIPING IN ELECTRICAL ROOMS
A. No piping of any description in connection with the plumbing work will be permitted over electric
,panels. telephone equipment or fire alarm equipment. Piping shall be routed so as to confonn to this
requiremenL
~
2.09
ELECTRICAL GROUND
A.
Contractor shall make provisions for maintaining the electrical gro\md propenies of water lines by
strapping over valves or equipment which may be removed for service. Straps shall be a length of
braided copper cable attached to the pipe at the ends.
,
2.1 0 FIXTURE CONNECTIONS
..
A. Connect to fixmres and equipment provided \mder this and oth:: sections of the specific:arlons a.,d
shall provide roughed-up connections where called for on the c.,wings. See the schedule on plans
for connections sizes to fixtures. Each fixture. floor drain. and piece of equipment TeqUiring
connec:tion to the drainage system shall have separate traps installed as close to the fixture as possible.
Cast iron P-traDS shall be installed \mder all bub and floor drains. Floor and hub drains shall have
deep seal P-traps. Provide G.E. Silicone seal aro\md plumbing fixtures.
2.11 GRADES AND ELEV A nONS
.-I
A. Sewer lin:s shall be uniformly graded to the elevations shown. If no elevations an: given. sewers shall .
be pitched not less than liS" per foot inside the ,building, and not less than 0.6% outside the building.
AdjUSt elevations as required to connect to the existing sanitaz:. and storm sewers.
2.12 FIXTURE MOUNTING HEIGHTS
A. Refer to arc~ctural plans for mowting elevation of plumbing fixtures.
2.13 FIXTURES ROUGH-IN SCHEDULE
A. Rough-in fixture piping connections in accordance with following table of minimum sizes or as
, required for particular fixtures.
H.W. C.W. WASTE VThTT
Lavatories ~~ inch ~ inch 1-~ inch l-~ inch
Sinks Y: inch Y: in::~ I.~ inch I-V: inch
Servic: Sink . Y: inch ~ inch 3 inch 2 inch
Drinking
Fountain V: inch 1-'/.0 inch 1.'/. inch
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E. S)'T11Dol "WC-2" \Vat::' Closet (Handicapped): Same:lS "WC-l" exc:pt at handicapped height.
F. Symbol "WC-3" Wale:' Closet: American Sra."!dard ~22S2.010 "Baby Devora" floor mounted white
water closet with Church =IS80C open fron: seat less cover and Sioan R.oyal #111 flush valve.
Fixture shall be designed for 1.6 gallons p= flush.
G. S...mbol "UR-I" Urinal: American Standard Model #6541.132 "Allbrook" wall mounted, white
vitreous china siphon-jet urinal with wall hanger. Provide Sloan R.oyal Model ) 86.) flush valve.
Provide Smith or equal #~ floor mounted carrier.
~
Symbol "UR.-2" Urinal: Same as "UR-l " except installed al handicapped height.
H.
I. Svmbol "SS-I" Service Sink: Oberon Model #CRES28-1 "Cresent" floor mounted comer terraZZO
s~rvice sink with integral stainless steel cap on 6" front drop. Provide Oberon stainless steel spiash
carcher panels. Model #F13-065RC faucet wilh integral stops and vacuum breaker. Model #F13-07S,
36" long hose and waD hook and Model #F13-085 stainless steel mop hanger. Provide cast brass drain
and stainless Steel strainer.
J. , Symbol "SK-l" Sink: Elka)' #LR.-2219. 22"xf9" single compartment stainless steel sink, selfrimming
type 7 W deep. Provide #LK-2432 faucet with swing gooseneck spout, 5" wrist blade handles.
Provide #LK-35-L d.~ with elbow. Provide McGuire Mode! #891:-1 %" p-trap with cleanout and
McGuire Model #216S-LK stOpS, Provide lnsinkcmor Classic LC cii. ,.:osal.
K. Symbol "SK-2" Sink: Elkay #l.RAD3321-SS, 3:;"x11" double compartment stainless steel sink, 5 '1:'-
deep. Provide #LK-2432 Dwcet. 5" wrist blade bandIes. #LK-3S-L drain wilh elbow, McGuire #89-12
I Y:" p-trap with cleaqour. McGuire #216S-LK, stOps. Provide McGuire Prewrap Model #PW-2000
complete with trap and supply covers or pro\ide McGuire Prowrap Model #PW-21 50 prewrapped lrap
with tailpiece and supp ly cove~.
L. Symbol "SK-3" Sink: (FutUre)
, M. Symbol "SK4" Sink: Same as "SK-Z". except \\ith sink with 4" deep companments (LRAD3321-40).
with Smith plaster trap on floor.
N. Symbol "EDF-l" Elec:ric Drinking Fountain: Ha1s~' Taylor Model #OVLSER-Q (dual unit) with
stainless steel panels. Provide McGuire Model #8872-1 W' semi-cast p-irap with cleanout and
McGuire Model:: I i2-LK loose key angle stop. Unit shall be for handicapped use.
o. Symbol"SH-I" Shower: Aqua Bath Company Model #C6436BF shower stall. 60"x36" roll-in type.
designed for ADA Samdards. Unit shall be provided with fold-up seat, grab bars. c:unain rods,
CUI"l3in. wall brackCB for hand held shower, shower drain dome eight, hand held shower with hose and
vacuum break~, pressure balance control vaive, seat belt, dial thermometer, all factory insWIcd.
P. Symbol"SH-2" Shower: Same as "SH-l".
2.1 J HOSE BIBB - SYMBOL "HB-I"
A. Chicago Faucet #952- VB, key opC'3Ied with vacuum breaker, and polished chrome plated finish.
2.22 WALL HYDRANT - SYMBqL "WH-l"
A. Hydrant shall be box t)'Pe for recessed wall mounting. campier: with vacuum breuer. hose end. non-
fre:ze type.
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B. Provide stainless steel box and cOVC'.
C. Hvdrant shaJJ be Zum Z-1300 or eaual Josam. Smith or Wad:.
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'WATER HAMMER ARRESTERS
A. Provid: hydraulic shock absorbers in cold and hot waL.'"r supply lines to each fixture, if single fixture.
and to each~' of fixtures, and ar each automatic, soleDoid~pe:au:d or quick~losing valve ser"Ving
mechanicaL equipment. As shock absorbers. provide Smith series 5000, or equal Wad:. Zurn. or
Josam, with stabiiil~d 18-8 stainless steel casing and bellows. Provide bellows precharged with
clinibUy pw-e air, completely se;llec! and operating free of casing. Size all units according to Warer
Hammer Arresters Standard POI- \\ "H-20 I. Provide access panel to service each unit, unless located
above an ac:c:ssible c:iling.
2.24 VACUUM BREAKERS
A. Provide and install an approved vacuwn breaker an each \Ilt'ilter supply l~e serving a plumbing ~-rure,
item of equipment. or othc- device which has a water suppl~' below the rim offixture or has hose end.
These vacumn breakers shall be designed to prevent any possible baclcflow through them. Where
these are installed in chrome plated lines. or when exposed, they shaD be chrome plated to march.
") ")-
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FLOOR DRAINS
A. General: Furnish and install all floor drains as shown on the drawings. All floor drains shall be
provided with deep seal p-traps. Drains shall be as manuiac:turcd by Smith, Zum, Wade or Josam.
Drains shall be size shown on the drawings.
B. Symbol "FD-I" - Floor Drain: Equal to Smith #2010-B-P \Iltith cast iron body and 6 " nickel bronze
square strainer. primer trap.
C. Symbol "FFD- J" - Funnel Floor Drain: Same as UFO-I" except with fimnel.
D. Symbol "FD-2" - Floor Drain: Equal to Smith #2220 complete with cast iron body bronze top, primer
trap.
E. Symbol "SD-l " Shouewr Drain: Sam: as "FD-I ".
F. Installation: The ends of pipes nmning to the floor drains should b: secured to prevent displacement
and have a turned down 90 degree elbow or bend at the end. Floor drains in areas where the slab bas
been depressed and will be covered b~' another finish, whether or Dot an under flooring membrane is
required, shaIJ have flashing collars and shall be iastalled with a flashing sheet extending 10" in.each
direction from the drain. When: the distance from top of slab to top of finish floor is more than 2
inches. drain shall have an exrension frame. All roof drains shall be provided with overflows. Extend
cold water from DC3reSt water line to floor drains with primer traps.
2.26 HOT WATER CIRCULATING PUMP
A. General: In-the-line cirt:ulator shall be Bell and Gossett, or equal as manufaaured by Thrush,
Armstrong, or Taco. Circulator shall be ali-bronzc constrUction and shall be provided with flanged
connections; sminless ste=l shaft; sleeve bearings: bronze impeller, and mechanical seal. Motor shall
be tlexiDie~oupled. supported from pump casting.
City of La Porte 5,11 :_1 i'._.:_...~.
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2.17 V ACUlJM RELIEF VAL YES
A. Pro"ide on each water heate:- in inlet cold water connection.
B. Rating: AGA certified.
C. Similar to WatlS No. 36A.
2.28 WATER HEATER
A.
~
General: Furnish and insiall gas VI.'ater heater as ShOVl.l1 on the Drawings. Heater shall be as
manufac:mred b)' A.O. Smith, or equal PVI, Rhee:n. State or Ruud.
B. Tan1c.shaD be glass lined. and be in accordance with ASME Code. Heater shall be a complete package
including insulation. jacketing, gas burner. automatic pilot. gas valve, gas regulator. and all controls.
Controls shan be in complete accordance with all applicable codes. Provide operating thermostats,
relief valve to floor drain. Provide vacuum relief valve on inlet cold "A'Iter cormeetion.
C. Heater shan have capaci~' as scheduled on the ci.-a"Aings,
1
END OF SECTION 15400
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General Provisions. Electric2.
Page 16010-
SECTION 16010 - GENERAL PROVISIONS. ELECTRICAL
PART 1- GENERAL
1.0 1 RELATED DOCUMENTS
A. Drawings and general provisions of Contract, including General and Supplementary Conditions an
Division 1 Specifications Sections, apply to this Section.
1.02 SCOPE
A. The following requirements apply to work necessary to provide a complete electrical system a
specified in the various sections of this Division, and as detailed on the drawings.
1.03. ASBESTOS-FREE CERTIFICATION
A. Contracto~, Subcontractors. Sub-Subcontractors, and Material Suppliers performing wor~ und~
Division 16 of the Specifications shaH furnish. under their agreement. contract, purchase order. c
similar document. a properly signed and notarized certification on their company stationary th;
materials furnished for use on this project under this Section of the Sp~::ifications are. to their be
knowledge, free of asbestos in any fonn.
1.04 RELATED WORK IN OTHER SECTIONS
A. Electric motors for mechanical equipment: Division 15.
B. Chases and openings: Various sections.
C. Field painting: Division 9.
D. lristallationofaccess panels: Various Divisions.
E. Concrete bases, pads and foundations: Division 3.
F. ' Flashing of penetrations through roof: Di~sion 7.
G. Speciarequipment: Division 11.
1.05 CONTRACTOR'S QUALIFICATIONS
A. An acceptable Contractor for the work under this Division shall be a specialist in this field and hL
the personal experience, training. and skill and the organization to provide a practical working syst~
If required, he shall be able to fUrnish acceptable evidence of having contracted for and installed
less than 3 syst!:mS of comparable size and type to this one, that have served their owners satisfacto
for not less than 3 years. Provide foreman in charge of this work. The foreman for this such w
shall have had experience in installing not less than 3 such systems and shall be approved before ~
is begun.
1.06 JOB CONDITIONS
A.
Contractor shall visit the site and infonn 'himself of the conditions under which this work mu!
perfonned. No subsequent allowance will be made in his behalf because of error on his part offa,
to visit the site and obtain the necessary information to compl~tely estimate all work involved.
/
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B. Failure to route condUits through the building without interfering with other Contractors' equipment
or constrUction shall not constinne a reason for an extra charge. Check ArchiteCtural and StrUctural
drawings and details for interferences as governed by strUctural or other conditions before installing
work. The right is reserved to make any reasonable change in location of the various pieces of
equipment, conduits and electrical systems ShO\\l1 on drawings prior to roughing-in without involving
additional expense. The Engineer reseT'\'es the right to reject any equipment wbich in his opinion, does
not fit the space. The drawings ShO"l1 the general arrangement of all work; should local conditions
necessitate a rearrangement of same. such as outlets, fixtures, switehes, etc., or if the conduits can be
run to better advantage, before proceeding with the work, prepare and submit drawings in aiplicate
of the proposed re-arrangement to Engineer for approval. Due to the small scale of the drawings, it
is Dot possible to indicate offsets, fittings. etc., wbich may be required. Conduits shall be installed
concealed, unless othl;fWise noted on the drawings, and except in mechanical rooms.
C. It is the intent of these plans and specifications to form a guide for a complete elecaical installation.
Where an item is necessary but not specifically mentioned, such as pull boxes, fittings, expansion
fittings, fixture hangers, etc.. necessary for a complete system, this Contractor shall furnish same
without additional cost to the Owner.
D. Equipment requiring service, or operation. shall be made easily accessible.
E., Take such precautions as may be necessary to properly protect materials and equipment from damage.
This shall include the erection of required temporary shelters to adequately protect any'materials and
equipment stored in the open on the site. the cribbing of any materials and equipment above the floor
of the constrUction and the covering of materials and equipment in the incompleted building with
tarpaulins or other protective coverings. Provide protective sheeting over equipment for protection
during constrUction.
1.07 DRAWINGS AND SPECIFICATIONS
A. Intent: It is not practical to show every detail of constrUction on the Elecaical Drawings. The
Drawings are therefore to be considered as a specific outline of the work and the Specifications as set
of standards. '
B.
Changes in work: The Elecaical Drawings are diagrammatic but shall be followed as. closely as the
actual constrUction and the work of other trades will permit. Should changes be required to make this
work conform to the project as it is constrUcted due to changes required by other trades or to make it
conform with the rules of city and municipal bodies having jurisdiction. submit request for direction
before proceeding with the work. Such changes due to Contractor neglect or poor coordination shall
be made without additional expense to the Owner.
"
c.
Locarion of equipment The Electrical plans are not intended to show complete and accurate locations
of switches, outlets. panels, feeders, apparatus, etc. Exact location of elecaical equipment and
accessories 'in finished spaces shall be determined by reference to specific details, the Architectural
Drawings, and as determined b) County Representative. When not specifically shown, locations of
such items shall be approved prior to installation. Relocation, before installation may be directed
without additional cost.
D. Mounting Dimensions: Refer to Division I for mounting dimensions of equipment, such as
receptacles, switches, , dimmers, etc. Installation shall conform to A.D.A. Standards.
1.08 GUARANTEE
A. The right is reserved by the Architect to accept or reject any part of the installation which does not
successfully meet the requirements as set out in these specifications. The Electrical Contractor shall
City of La Pone S, I'll ..~....0~'lter
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and hereby does warrant and the General Contractor shall and hereby does guarantee that work
installed under this division shall be free from defects in worlananship and materials for a period of
one year from date of substantial usage, from the date of final acceptance by the Owner. The above
parties further agree that they will repair and replace any defective material or worlananship which
becomes defective within the term of this warranty-guarantee. Lamps shall be operating at the time
of fmal inspection. Refer to Division I for requirements of the guarantee and guarantees inspection.
B. In cases of dispute as to the cause of improper functioning of the system or any of its pans, the burden
of proof that he has complied with the Contract Documents rests with the Contractor, and he shall
submit in ",Tiring his opinion of the cause and his recommendations for proving the adequacy of his
work. The Owner sha~l have made those tests he deems advisable, by an independent testing
laboratory oihis choice. If any test so made indicates a defect in materials or workmanship, or that
one or more manufactUred components of the system are performing below the standards set by the
manufactUrer's published data and these specifications,the entire cost of such test shall be paid by the
Contractor, and he shall also pay for retesting of the corrected system until it functions satisfactorily.
1.09 MA TERlALS AND EQUIPMENT
A. Materials or equipment furnished for this work shall be new and delivered in undamaged original
crates plainly marked for identification. Quality shall be as specified or as shown on Drawings.
Contractor shall not paint or in any way cover any material or equipment until approved on location.
No "close outs" shall be allowed; contractor shall provide cenification regarding this item.
1.1 0 WORK.~SHIP
A. Install materials and equipment in a first-class, worlanan like manner, using craftsmen skilled in this
panicular work. Any item which does not present a reasonably neat or worlanan like appearance may
be directed to be removed and replaced, providing that such items could bave been installed in an
orderly way by usual method for such work.
1.11 RELA nON WITH OTHER TRADES
A. General: Carefully study matters and conditions concerning the site, existing work related to this
project, and the new construction. Submit notification of conflict betWeen this work and that of other
D'ades in ample time to prevent \D1warranted changes in any work. Review other divisions of these
Specificatio~ to detennine electrical requirements for other work such as various types of equipment,
and provide rough-ins, accessories, and connections not specified in other Divisions, but necessary
for proper function'ing of such other work.
B. Coordination of work: Because of the complicated relation of this work to the work of many other
D'ades employed in the accomplishment of the total project, the contractor for this work shall
conscientiously study this relation and cooperate with trades as necessary to accomplish the full intent
of the Documents.
C. Concrete: Concrete foundations and curbs shall be furnished by the General Conlractor. , Furnish and
locate in forms all inserts required for this work. Stub-up and protect open ends of conduits before
any concrete is placed. Furnish sizes of equipment pads to the General Contractor, and locate bolts
and finings required to be cast in them. .
D. General Construction: Furnish and locate required sleeves for conduits, frames and supports for other
items which shall be built in as required to permit proper installation of such work.
E. The General Contractor shall cut holes required by this contractor for installation of conduits, etc. This
contractor shall pay for such cutting. and shall furnish to the General Contractor a shop drawing
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showing the location and sizes of holes required to be CUL At the option of the General Contractor.
the Elearical contractor may mark at the job site hoies required in lieu of submitting a shop drawing.
Tne General Contractor shall patch holes cut in the buiiding structUre to accommodate pipes. duc:o.s.
etc. Patching shall be performed neady using the same maxe.rials and employing wor1anen skilled in
the appropriate trade. Painting. furring and paIChing of surfaces shall be done by the General
CODU'aCtOf. except that cutting and patChing involved in reworking the surfaces after painting Sub--
ccmI1'3CtDr has applied finish coat, resulting from this section of the work, shall be paid for b~' this Sub-
contractor,
F. Where the specifications call for an insta1lation to be made in accordance with manufactUrer's
recommenciaIions. a copy of such recommendations shall be furnished and shall be kept in the job
superintendent's office and shall be a..-aiiabie to the ArchiteC:O~
G. Flashing: Flashing into roof and walls shall be as detailed on the architectural drawings except that
this ContraCtor shall flash conduits extending through the roof. This Contractor shall flash conduits
wher: they penetrate roofs and outside walls as detailed on the architectUral drawings.
H. . Mechanical ConstrUction: Coordinate with Mechanical Section such that items which reouire
electrical power will be companble with electrical services ~own. Review cfrawings to asceram if
the locations of fixtures, and equipment in the ceilings are such as to create a panem which is
compatible with the reflected c:iling plan and the spacings of the various mechanical devices.
Electrical contractor shall furnish motor starte:s, except where indicated otherwise in these
specific:alions. Ele:::rical Contractor shall wire. install and connect motors and motor starters. Control
wiring and interlocks shall be furnished and installed wtder mechanical section of the specifications,
in. cooperation with the Mechanical Contractor, except as shown on the electrical plans,
I. Motors: Install motors furnished \D'lder other Divisions that are not factor)' mOWlted on the equipment
they serve. Alignment of motors and drive equipment shall be approved by the supplier of such
motors. Any such motors or equipment which are damaged or malfunction due to improper handling
or installation by this Sub-contractor shall be replaced at DO cost to the Owner.
1.12 EQUIPMENT FURNISHED IN OTHER DIVISIONS OF WORK
A. Provide rough-in of electrical service required for this equipment and make final COMectiOns to
equipment, after its installation. to the electric service. Review the section of these Specifications
concerning this equipment to determine extent of equipment and accessories required to be furnished
under that; Section. Provide other items necessary to properly connect the equipment to the electrical
service. Verify location. dimensions and requirements of each item of this equipment before
installation of electrical work serving it
1.13 NOISEA1.'lDVlBRATION
A. The entire system and its component items of equipment shall operate without objectionable vie ration
ornoise. If objectionable noise. vibration or tranSmission thereof to the building occurs.~all necessary
remedial measures shall betaken to eliminate such unsatisfactory operating conditions until noise
levels and vibrations are acceptable and approved by the Architect.
1.14 PERMITS. FEES. REGULATIONS
A. Permits: Permits will be required to do this work. Contractor shall pay any fees required for such
pmnits. Pay for inspections and other charges required.
B. Regulations: Conionn to the City Code. State and fede.""31 laws, and National Electrical Code
applicable to this work and in effect at the time the work is perfonned. Work shall also comply....ith
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National Fire Protection Association.
1.15 CONFLICTS
A. In cases where contract Document requirements exceed Code or ordinance requirements. the Contract
Requirements govern. \\tb::-ever conflictS occur between different pans of the Contact Docmnems.
the greater quantity. better quaiit)'. or iarger size shall prevail unless Architect informs Sub-contractor
otheN;se. In cases of cantlie".. submit request for direction before proceeding with the work. When
requested. satisfactory e,,'idence of compliance \\ith applicable regulations shall be submitted.
1.16 rNSPECTIO~S
A. Inspection: Provide a ceniiicale of acc:ptance from the inspection depanments having jurisdiction
over the work. :It the completion of the work.
1.17 UTILITIES
A. Temporary: Provide cOMecnons. wiring.. meterS. outlets. socke'.s and lamps for tempo~' electric
power and li~ting required during constrUction. At completion of the work. remove all tempo~'
instaliations. '
B. Pennanent: Make arrangements and do work necessary to provide pennanent electric and telephone
senice for the project from the ex&:ll-nng sel"\ices. Pay charges for inspections. arrangements for
cutting and patching sidewalks and pavements. Pa~' all charges for conn:::ting to the existing power
company and telephone company sel"\ices.
PART 2 - PRODUCTS
:LOl SHOP DRAWINGS
A. General: See Division 1 for additional shop drawing requirements.
B. Mau:iaJ and equipment lists: Within two weeks after award of Contract, and before orders are placed.
submit a list of proposed equipment and principal materials for revie",.., giving names of
manufac:mrers. catalog nwnbers, and such other supplementary infonnanon as necessar:' for
identification. Submit list in advance of detailed Shop Drawings and other data specified below. If
this list is no: 1'eceived within the time allotted. use exact material specified with no substitutions.
Substitutions must be approved for bidding before bids are received; see "Substitution" paragraph.
C. Material and eC'Jipment shop drawings: Submit detailed shop drawings. descriptive literature.
physical data. and performance data at one time in an indexed hardback binder. Submit through
normal cbannels~ Number of copies shall be as determined by the architect. Submit floor plan layout
showing locarionand size ofall access panels required for concealed equipm;nt.
D. Final submittal: In addition to number of copies of shop drawings and other data required for review
submiu:a1s, maimain a separate file offinal approved copies of such material. and deliver izi a hardback
binder immediately prior to final acceptance of project, for Owne:"s use. Incorporate changes and
revisions made through om constrUction period.
E. ContraCtOr's check: Shop Drawings shall be submitted by Contractor, who shall indicale by signed
mmp on drawings that he has checked shop drawings. that work shown on them is in accordance with
Comraa requin:mems and has been checked for dimensions and relationship with work of other trades
involved. If drawings are submitted for approval that have not been checked and signed. th~. will be
retUrned to Contractor before being considered.
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F.
Submission: Brochures. diagrams and drawings sufficient to show electrical characteristics. size.
layout and reiation to other par.s or the system shall be required for the following items of work:
~
1.
2.
3.
4.
S.
6.
7.
S.
9.
10.
11.
12.
Transformers
Panels
Light fixtures
Wiring devices
Safety switches and fuses
Floor boxes
Wire
Conduit and fittings
Contactors
Time switches
Motor suners
Specials Systems
"
G. Requirements: Submitted brochures and drawings shall consist of published ratings or capacity
diagrams. detailed equipment drawings for fabricated items. panel diagrams, installation ins'tI'Uctions
and other pertinent clara. Where literature submined covers a group or series of similar items. the
applicable item shall be clearly indicated. O:'awings shall show any revisions to equipment layouts
required by use of equipment being submitted.
PART 3 - EXECUTION
3.01 EXCAVATION AND BACKFIll
A. Do necessar:r excavation and backfilling for installation of work in this Division. Remove resulting
debris and excess maIerial from the site. Take care not to excavate below the depth required. that
tn:nch beds are well-roW1ded. and thaI ground under conduit is firm and secure before any pipe is laid.
Trenches shall be aI least 30 inches deep. Provide shoring. bracing. and de-\\'atering nec:ssary to
accomplish this work. Backfill shaU be moistened as required for proper compaction to prevent future
settlement and carefully tamped in 6 inch layers to original density required in Division 2. Cutting
of existing paving. curbs, walks, etc., shall be included in this work, with repair to same to match the
existing fmish. Cutting of concrete shall be saW-CUL Trenches shall be of necessary width for the
proper laying of conduits and the banks shall be as nearly vertical as practicable. Whenever wet or
otherwise unstable soil that is incapable of properly supporting the pipe, as determined by the
Architect, is encountered in the bonom of the trench. such soil shall be removed to the dept.=: required
and the trench backfilled to the proper gr:Uie \\ith course sand, fine gravei or other suitable material.
3.02 PAINTING
A. Finish factory assembled equipment for electrical work that is normally delivered with a factory
a'!:J'!:Jlied finish. with not less than 2 factory applied coats for baked on enamel. in medi~ gray color,
ASA No.6 M\r ':11 Notations 8-30 6-10/10.054. Protect this finish from damage due to cons'tI'Uction
operations Uhui date of final acceptance by Owner. Satisfactorily restore .my such finishes that
become stained or damaged.
B.
Factory assembled equipment except non-ferrous or galvanized itemS and other items specified or
scheduled to have a specific finish shall be delivered with a factory applied finish such as baked-on
machinery enamel which does not require additional field painting. Protect such equipment from
damage and defacemenL Any damaged shall be fully and satisfactoriiy restored.
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OMISSIONS
A.
The drawings and specifi:ations shall both be considered as part of the Contract. An}' work or
material ShO~l1 in one and omitted in the other shall be furnished and perfonned as though shown in
both to give a complete, first-class job. Should any discrepancies or omissions be discovered in the
plans or specifications, such must be rej)oncd to the Architect immediately in order that any ne::ssar)'
addenda may oe issued before the bids are received.
.
3 .o~ SUBSTITUTIONS
~
A. Certain materiais,equipmenr. methods and senices have been specified and are required by these
specifications to eStablish the required standard of quaiit)', function and appearance. No oUler
materials or equipment \\ill be acceptable. Refer to Division I regarding substitutions. Provide
,suitable credit for substituted materials.
3.0S CONSTRUCTION A.lIlD RECORD ORA VlINGS
A. At the completion of this project, provide for 0\\11:1' one c.omplere set of mylar reproducibles showing
work installed and changes made. prepared in such a manner so as to enable the ~l1er to properly
, opeme. maintain and repair both exposed and concealed work. Secure and pay for mylars of the
con1J'ac:t record drawings as described above. Maintain a complete set of up-to-date blueline prints
on the job~ these drawings shall be kept currc:nt on a regular basis. Changes to the job plans shall be
made \\ith red pencil and shall be used as a basis for preparing the final prints. Record drawings for
the Owner's file shall aiso be corrected in pencil and marked "Record Drawings Showing Significant
Changes." dated and signed by the contractor. Underground lines shall be dimensioned from key
elements orthe building. '
3.06 CLEAN-UP
A.Remove excess material and debris. Clean equipmenL Place systems in complete working order
before request for final inspection. Areas shall be left broom cleaned.
3.07 MANL'FACTURER'S CERTIFICATION OF EQUIPMENT OPERATION
A. Each manufacturer shall review the syste~ design in maners relative to the proper operation of this
equipment, including electrical, automatic controls, locations, etc. He shall include with his shop
drawing a letter stating that the design is satisfaaorily under the design conditions. Further, the
manufacturer shall review final installation of job site and shall write a second letter stating that the
installation is satisiactor)' to the manufactUrer and that his equipment will Operate satisfactorily under
the inmlJed conditions. The manufacturer's shall provide with his equipment appurtenances nec~'
for satisfaaory operation lmder the design condition. The Certification sball be furnished for the
following:
1. Dry type rransfonners
2. Panels
3. Special systems
3.08
CAUI..KING AND SE.4J..ING
. "
A.
Exterior walls - Seal the perimeter joint around conduits that penetrate exterior walls. with 2 part
Thiokol compoWld in color chosen b~' Architect Seal penetrations below grade in a similar manner.
B. Interior partitions - Caulk the perimeter joint around conduits that penetrate sound control partitions,
smoke barrier panitions and plenum partitions. Caulk the perimeter joint around conduits that
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penelI'ate walls and are visible in occupied spaces or normally used equipment, utility and storage
spaces. '
C. Slab - Seal the perimeter joint around conduits that pass through openings in horizomaJ srices in
areas where any type of liquid overflow is possible, or require openings to be protected from leakage
by a curb. Caulk such joints if required to maintain a plenum condition or either side of the horizontal
surface.
3.09 UNKNOWN UTILITIES
A. If unkno\\"D and unchaned utilities are encountered during excavation, promptly notify Owner and
wait for ins1l11ctions before proceeding. If it is ascertained by Owner that such mility line has been
abandoned. properly remove line as directed. If such un1cnOWD utilities are encountered and work is
continued without contacting OWner for in.structions. and damage is caused to said utilities, COD1ractDr
shall repair, at his own expense, such damage to sarlsf3ction of Owner.
3.10 CONCRETE PADS AND BASES
A. Concrete pads: Cancrete bases for equipment will be provided under other Divisions of the
Specifications. Bases shall be 3000 psi reinforced concrete placed in accordance \\ith the coneme
specifications of these specifications.' Space under bases shall be prepared by cleaning. chipping and
roughing. Concrete bases shall be provided for outdoor equipment, floor mounted equipment in
electrical rooms and where shown on the plans. Concrete bases shall be a minimum of 4" high and
project 3" beyond equipment on sides. Edges of bases shall be beveled.
B. Anchor Bolts: Furnish and install galvanized anchor bolts for equipment placed on concrete
equipment pads or on concrete slabs. Bolts shall be of the size and number recommended by the
ManufactUrer of the equipment and shall be loc8ted by means of suitable templates. When equipment
is placed on vibration isolators, the equipment shall be secured to the isolator and the isolator secured
to the floor, pad, or support as recommended by the vibration isolation manuf3cturer.
3.11 SLEEVES. CUTTING AND PATCHING
A. The Contractor shall be responsible for the timely placing of sleeves for conduits passing through new
walls, partitions. beams, floors and roofs while the same are under constrUction. A conduit sleeve
shall be one size larger than the size of pipe it serves. Sleeves in floors shall extend two inches above
the finished floor. Pipes passing through concrete or masonry walls above grade shall have 18 gauge
galvanized steel sleeves. Sleeves set in concrete floor construction shall be at least 16 gauge
galvanized, steel except at conduit supports. Sleeves set in concrete floor constrUction supporting
conduit risers shall be standard weight galvanized steel. Sleeves supporting conduit riser 4" and larger
shall have three 6" long reinforcing rods welded at 1200 spacing to the sleeve and shall be installed
embedded in the concrete or gtomedto existing concrete. Where the conduit passes through a sleeve,
no point of the conduit shall touch the sleeve. Caulk around conduit with sufficient quantity ofUL
listed sealant Csimilar to applicable 3M and Dow Corning produCts) and fire safing insulation so that
the assembly equals the fire raring of constrUction penetrated by the sleeve. Submit shop drawing of
the installation and fire resistant foam sealant to the Engineer and Arcbitect for review before
installation.
B. Where sleeves pass through roof or floor requiring waterproof membrane, lead flashing with a density
of at least wee pounds per square foot shall be built into the membrane a minimum of eighte:n inches
to provide a 'watertight installation.
C.
lfholes or sleeves are not properly installed and'cutting and patching becomes necessary. it shall be
done at no expense to the Owner. The Contractor shall undertake no cutting or patching without first
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se:uring the ar::hitect's written approval.
-
.
D.
tor cored openings through existing walls and floors. metal rings allowing at least :!" Wate:' protection
height through floors may be used. Seal arolUld the ring with mastic and add fireproofing material
betwe::l conduit and cored opening.
...
3.12 ESCUTCHEONS
A. Furnish and install heav~: chrome-plated or njckel-plated plates of approved pattern on conduitS
passing through walls and ceilings in iinished arc2S. Escutcheons shall be B & C No. 10 or approved
equal chrome-plated or nicke!-plaxed steel plates ~ith concealed hinges.
3.13 ACCESS DOORS
A. Whe:-eve:' access is required through walls or ceilings to junction boxes or other concealed equipment
installed unde:- this Division. the ContraCtor shall furnish a hinged access door or panel and frame.
Access panels shall be of one type, ~ith earn locks. keyed alike. Access doors shall be as follows:
B. Drywall construCtion - Miicor Style OW. Fu."'I1ish with concealed spring hinges. flush 'operated earn
locks in sufficient numbe:- ror the size of the pane!. All milled steel shall be factory prime painted.
C. Visible masonry and ceramic tile - Milcor Style M.
D. Gypsum and cement plasre:- - Milcor Style K.
E. Acoustic plaste:- - Milcor Style AP. Reinforce panel as required to prevent s~aing. Provide
continuous steel piano type hinge for the length of the panel and sleeved and grommeted screwdriver
operated earn Jocks in sufficient number for the size of the pane!. All surfaces not galvanized shall
be factory prime painted.
F. Acoustic tile - Milcor Style AT.
G. Access doors shall be "8" label fire constrUCtion where required. Furnish a UL label on each acccss
door.
H. Ac::css doors shall be installed under another Division.
I. A removable ceiling access tile section shall be installed immediately adjacent to each electrical
device located in the ceiiing plenum above removable tile ceiling.
J.
'No access door shall be installed lUltiI location and type have been approved by the ArchiteCt ior
J'e\iew.
3.14 OPERATING AND MAINTENANCE MANUALS
A.
The ContraCtor shall provide. in hard cover looseleaf binders, complete operating and maintenance
data oi each manufactUred item of equipment used in the me--..hanical work at least four weeks before
the Engine::r's final review and observation of the project. Descriptive data and printed installation.
operating and maintenance instructions for each item of equipment shall be included. A complete
double index shall be provided as fonows:
..s
I.
2.
Listing the produ~.s alphabetically by name.
Listing the names of manufactUrerS whose productS have been incorporated in the work
alphabetically together with their ad9resses and the names and addresses of the local sales
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representative.
3. index tag each section.
B. Tne operating manual, shop drawings and se:'Vicemanual shall be submitted in duplic:ne and include:
I.
.,
....
3.
~
4.
5.
6.
7.
8.
Descriptive data of each system and piece of equipment including ratings, capacity.
performance data. operating curves and charact..-istics. and wiring diagrams.
Fully detailed spare partS list including source of supply for each piece of equipment.
Printed instrUctions describing installation. operation. service. maintenance, and repair of
each piece of equipment.
Typewritten test reportS of all teStS made of materials. equipment and system under this
Division. Test reportS shall include the dates of the testS. name ofpe:-son conducting and
wimessing the "testS and record of all conditions relative to the tests.
Copies of all "Reviewed" shop drav.ings.
Print copies of the record mylars identified hereinafter in the paragraph entitled "Record
Drawings".
Name. address~ and telephone nwnber of owner. architect, enginee:-s. and sub-c:ontractors.
Copy ofwarraDties for system and equipment. .'
:3.1 S INSTRUCTiONS TO THE O\VNER
A. The Contractor shall instrUct the Owner's operating pe:-sonnel during start-up and separate operating
testS of the complete electrical system and each major item of equipment and system. During the
operating tests, the Contractor shall prove the operation of equipment to the satisfaction of the
Architect.
3.16 VISITING SITE
A. Contractor shall visit the site and inform himself of the conditions lUlde:' which this work must be
pe:formed. No subsequent allowance will be made in his behalf because of error on his part offailure
to visit the site and obtain the necessary information to completely estimate all work involved.
3.17 IDENTIFICATION
A. Items of equipment. except those in finished areas such as lighting fixtures. etc.. shall be identified
as to number. name, function. capacity and other pertinent data with securely attached_laminated
plastic namej:llates. Nameplates shall be a minimwn 0(3" long and I" high with white letters "and
black background. Generally, the number and name shall be at least 1/4" high and other dam at least
1/8" high. Identification rags on itemS in finished areas, such as sp=:ial switches, etc.. shall be
securely attached on. or in the immediate vicinity ot: the item. The Contractor shall submit. for
approval. a schedule ofnarne tagS detailing all appropriate dara.
B. Label junction boxes with panel and circuit numbe:'. Tag each wire inside panels and junction boxes,
indicating circuit number. :
C. Nameplate designations shall correspond to the identification on the "Record Dr-wings".
Where material and equipment is installed in areas subject to public view such as public areas or
common areas, marking which arc intended to identify the manufaClUJ'e:', vendor or other source from
which material has been obtained shall be prohibited. It shall also be prohibited to install any article
which bears evidence that the above markings have been removed. Required certification testing
labels (example: Underwriter's Laboratories) and other labels specifically required by approving
agencies and these sp=:ifications are exclucied from this requirement.
D.
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3.18 EXTRA WORK
A. Provisions of this Contrac: shall be me: without ex1:'a cost to the Owner.
B.
No consideration will be given for e).'Va cost based upon the following:
...
~
2.
.3.
4.
5.
6.
I. Acceptance of equipment requiring modification of the Ele:trical System as indicated on the
Drawings. Tne responsibility for coordinating any proposed substitution is that of the
Contractor. If shop drawings are submitted and acc..-pted, the Contractor shall bear all costs
associated ~ith the use of the acc..-pted productS, making whatever price adjustments may
be required between his subcontractors ~ithout any addition to the Contract amounL
Rejection or propesed equipment other than that indicated on the drawings or as specified
hc-:in.
Modifications required to fit the conduit within the allotted space. or with any associated
offsets or transitions.
Installation revisions or modifications rcsulting from faiiw-e to coordinate the total
installation prior to suc~ installation.
The installation of anv reauired control de\ice, whether indicated on the Dra~in2S or nOL
F~Iw-e to coordinate"the ;le::trica1 reauirements of this Division with those of Division 15.
3.19 MODEL J'Ii"UMBERS
A. Model numbm may be used in these specifications or upon the drawings to indicate the equipment
to be installed or to estabiish a type of equipmenL They may also be used to eStablish size. capacity
of charaaeristics or the required equjpmenL If there is a conflict in the capacity shown and the
catalog number, the greatest capacity shall govern.
B. Ifa model number is shown. any equipment to be considered as a substitution will be required to have
the charaaeristics, feanJres, accessories. or options which are a standard part of that item whose Model
Number is shown, regardless of whether that particular characteristic. feature, or option is called for
~, this specification.
C. If a Model Number indicated herein or on the drawings is incorrect or obsolete. or represents ar item
no longer available. the ContraCtOr shall inform the Architect. who will instruct the ContractOr as to
some other acceptable produeL In no case shall the ContractOr have based his bid on a lower grade
of equipment than that which was established by the original Model Number. unless authorized in
~Titing by the Architect prior to execution of this ContraCt. .
:.....
3.20 SAFETY
A. As related to work dorie lUlder this Division of the Specifications, the Contractor shali be responsibie
for the safety or persons on the site during the term of this Com:ract. He shall utilize construction
I techniques: materials and procedures, as well as exercise due control. to pre~ent injury to pers'ons at
the jobsite.
B. This responsibility shall not be used to prevent access to the jobsite.
. .
3.21 FINAL REVIEW
A.
Upon completion of the work. the Contractor shaH perform testS outlined in Section 16950 "Tesi::ng".
and oth= Sections of these ,pecificarions. and shall obtain all necessary cel'tificates of occupancy from
local authorities.
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B. Test reports shall be submitted in triplicate prior to completion of the work. Test T'Cj)orrs are required
for, but not limited to, the following:
I. Wire and cable tests.
2. Thermograph testS on s~itchgear and panel boards.
3. Test of grounding system.
4. Ground fault protection.
S. V oltage and current r:adings for busduct and feeders.
6. Insulation resistance testS of transformers, switchboard. and panels.
j. Special systemS.
3.11 EXISTING FACILITIES
A. The Contractor shall be responsible for loss or damage to the existing facilities caused by him and his
worlanen., and shall be responsible for repairing or replacing such loss or damage. The Contractor shall
send proper notices. make necessary arrangementS. and perform othe:- services required for the ::are,
protection and in-service maintenance of all electrical services for the new and existing facilities. The
Contract9r shall erect temporaJ:' barricades. with necessary safety devices. as required to protect
personnel from injury, removing all temporary protection upon completion of the work.
B. The COmractor shall provide temporary or new services to all existing facilities as required to maintain
their proper operation when normal services are disrupted as a result of the work being accomplished
under this project.
C. Where existing constrUction is removed to provide working and extension access to existing utilities,
Contractor shall remove doors. piping, equipment. etc.. to provide this access and shall reinstall same
upon completion of work in the areas affected.
D. Where partitions, walls, or ceilings of existing constrUction are indicated to be removed, Contractors
shall remove and reinstall in locations approved by the Owner all devices required for the operation
of the various syStems installed in the existing constrUction. This is to include, but is not limited to,
t~ :lperatm'e control system devices, relays, fixtures, piping, etc.
E. Outages of services as required by the new installations will be penniued but only at a time approved
by the Owner. The Con:-actor shall allow the Owner 48 hours in order to schedule required Olm!l!es.
The time : allowed for outages wm not be during normal working hours unless otherwise approved by
the Ch\l1er. All costs of outages. including overtime charges, shall be included in the contract amount.
~ .,~
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DEMOLITION AND RELOCATION
A. The COJ1D"lICU)r shall modify, remove. and/or relocate materials and items so indiC3Ied on the DraWings
or required by the installation of new facilities. All removals and/or dismantling shall be conducted
in a manner as to produce maximUm salvage. Salvage matCriaIs shall become the prppeny of the
Owner, and shall be stored where approved by the Owner. The Contractor may, at his discretion. and
upon the approval of the. Owner. substitute new materials and/or il.CmS of like design and quality in
lieu of materials and/or items to be reloC3Ied. Non-salvageable materials shall be removed from the
jobsite.
B. The Contractor shall clean and repair and provide new materials. fittings. and appurtenances required
- to complete the relocations and to restore to good operative order. AIl relocations shall be perfonned
by worlanen skiIled in the work and in accordanc: with srandard practice of the trades involved.
C. Where items scheduled for relocation and/or reuse are folUtd to be in damaged condition before work
has been started on dismantling. the Contractor shall caIl the mention of the Owner to such items and
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City of La Po : ., -- 1"- - _ __.
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General Provisions, Electrical
Page 16010-13
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receive further instructions before remo\'al. Items damaged in repositioning operations are the
Contractor's responsibil~' and shall be repaired and replaced by the Contractor as approved by the
Owner. at no additional cost to the Owner or the Architect.
D. Service lines and wiring to it..-ms to be removed. salvaged. or relocated shall be removed to points
indicated on the Drawings. specified. or acc--ptable to the Owner. Service lines and wiring not ..
scheduled for reuse shall be removed to the points at which reuse is to be continued or service is to
remain. Such services shall be sealed. capped. or otherwise tied-oft' or disconnected in a safe manner
acceptable to the Owner. Disconnections or connections into the existing facilities shall be done in
such a manner as to resu~t in minimum interrUption of services to adjacent occupied areas. Services
1 to existing areas for facilities which must remain in operation during the constrUction period shall not
be interrupted without prior specific appro\'al of the Owner as hereinbefore specified.
END OF SECTION 16010
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City of La Pone ~p. ...,-- ~i ilh:1
p__...o' . . ..' . Ilk
9257
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Electrical Scnice
Page' I 6400-1
SECTION 16400 - E..ECTRICAL SERVICE
PART 1 - GEN"ERAl
1.01 RELA..TED DOCUMENTS
A. Drawings and general provisions of Contract, including General and Supplementar). Conditions and
Di'\ision 1 Specifications Sections, apply to this Section.
1.02 ELECTRIC SERVICE
A. The CODtractor shall be responsible for determining the exact materials to be furnished and installed
for providing a new overhead electrical service to the building. Electrical Contractor sbaIl be
responsible for all costS required to install the electrical service, including all fees and charges by
Houston Lighting and Power Company.
END OF SECTION 16400
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CHANGE ORDER
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No. 001
PROJECT:
Fire Training Storage Facility
DATE OF ISSUANCE: 9/2198
OWNER:
City of La Porte
694 West Fairmont Parkway
La Porte, Texas 77571
OWNER'S PROJECT NO. 95-2201
CONTRACTOR: Derk Harmsen Construction Co.
2820 Center Street
Deer Park, Texas 77536
CONTRACT FOR: Construction
You are hereby directed to make the following changes in the Contract Documents:
DESCRIPTION: Galvanzieexterior framing components, columns and pur/ins.
PURPOSE OF CHANGE ORDER: Protect exterior framing from elements.
ATTACHMENTS: (list documents supporting change) #1 - Letter from Derk Harmsen with cost.
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:
Original Contract Price
$181,852.25
Original Contract Time
120 (days or date)
Previous Change Orders No.
$0.00
to No.
Net change from previous Change Orders
o (days)
Contract Price prior to this Change Orqer
$181,852.25
Contract time Prior to this Change Order
120 (days or date)
Net Increase (Decrease) of this Change Order
$2,259.00
Net Increase (Decrease) of this Change Order
o (days)
Contract Price with all approved Change Orders
$184,111.25
Contract Time with all approved Change Orders
120 (days or date)
Date: ". z.. C\ B
:PZ;~
Date: r- z- '18
:PRO"9'i-,1 <I-
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Date: 9- 1-91
RECOMMENDED:
by ~~,l\ J.~ .ar
Engineer. :r
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.l;'" - , ·
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DERK HARMSEN
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~@~v
CONSTRUCTION CO., INC.
2820 CENTER STREET
.
DEER PARK, TEXAS 77536
August 12, 1998
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281 /479-3400
Mr. Douglas K. Kneupper, P.E.
City of LaPorte
604 West Fairmont Parkway
LaPorte, Texas 77571
Re: CLP project no. 95-2201 Fire Training Facility extra cost for insulation and galvanizing
Dear Mr. Kneupper:
Please find below the cost for the changes discussed at the pre construction meeting, also
enclosed is a copy of the certificate of insurance.
~ To insu1at~ the walls wi.th 3" ~yl backed insulation.. ...... .. .... ..: ...... ..$1,919.00
~ To galvamzed the extenor frammgcomponents, columns and pur~..... .$2,259.00
If you have any questions please feel free to give me a call.
Sincerely,
/~t? j L
.....//fl2Yv0n .
......
Steve G. Wiggington
Vice President .
EXCAVATING
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PAVING
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CLEARING
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CONCRETE
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ASPHALT SEALING
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(Q;@[p)y
THE CITY OF LA PORTE,
HARRIS COUNTY, TEXAS
Addendum No. 1 to the Notice to Bidders for:
CLP Project No. 95-2201:
Fire Training Facility Truck Bay/Storage Building
All prospective bidders are hereby notified of the following changes to the bidding
documents for the referenced project:
1.
Manifold Water Line to be installed above ceiling of bathroom in lieu of
chase wall. .
2.
All Sanitary Sewer, Soil; Waste, and Vent Systems to be SCH 40 PVC.
3.
All Interior Water Liries to be Type ilL" hard copper.
4.
Ceiling above restrooms to be sheet-rocked and textured.
5.
Eave height of building to be fourteen (14') feet.
6.
Relocation of existing electrical conduit at SE comer of building by others.
7.
8.
Exterior Lighting to be switched and photocell controlled.
Additional underground conduit to be run parallel to proposed
underground electrical conduit from EMS Building to panel box inside
proposed Truck Bay/Storage Building.
9.
Plumbing Fixtures specified in Plumbing Fixture List (Pg. 15400-8, Sec.
2.20).
10.
Overhead doors to be Clopay Model 624 or equal.
11.
See Attached Sketch for Interior Lighting Plan.
Base bid includes one thousand eight hundred (1,800) square feet of 6"
concrete at driveway and one thousand two hundred (1,200) square feet
of 4" concrete urider covered area.
12.
By:
~vy!~ i'/YL ~. 7-lq-18
DougrSs ~~ P.E.
City Engineer
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(Q;(Q)[PY
THE CITY OF LA PORTE,
HARRIS COUNTY, TEXAS
Addendum No. 2 to the Notice to Bidders for:
eLP Project No. 95-2201:
Fire Training Facility Truck Bay/Storage Building
All prospective bidders are hereby notified of the following changes to the bidding
documents for the referenced project:
1. In lieu of grease trap shown on sanitary sewer service line, substitute with
sample well (4" Tee w/ service cap @ natural ground)
2. Existing electrical service at rear of EMS Building is 480V, 3 Phase. Service
required at proposed Truck Bay/Storage Building is 220V, Single Phase.
~~.
By: Douglas K Kneupper, P .E.
Planning Director .
07/15/98
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CONSENT AGENDA
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A
REO.ST FOR CITY COUNCIL AGEN.TEM
Agenda Date Requested:
July 27, 1998
Requested By: Alex Osmond
Department:
Administration
xx Report
Resolution
Ordinance
Exhibits:
Sealed Bid #0743
Bid Tabulation
Bidders List
SUMMARY & RECOMMENDATION
Advertised sealed bids #0743 for 75 electric golf cars were opened and read on July 6, 1998. Bid
requests were mailed to three vendors with three returning bids. The lowest bid meeting
specifications was Yamaha Motor Manufacturing Corporation of America with bid of$119.925.
However, due to our necessity of cart towing the golf cars to and from the barn we asked for the
vendors to state in the bid if they have more than one towing system. The towing system we prefer
is a permanent bag well towing system that is built in on each car. This system is not available on
the Yamaha car. E-Z Go Textron bid this system as an alternative bid. Watson Distributing offers
this system as standard.
E-Z Go Textron's alternative bid is $133,800, Watson Distributing bid was $145,500. Also we add
the fact ofE-Z Go Textron's warranty for chargers and tires is 3 years verses Yamaha's 2 years.
The option bid of a refreshment vehicle is still in discussion with our food and beverage
concessioneer. We will address the need of this vehicle with council at a later date.
Action Required by Council:
Staff recommends awarding bid #0743 for 75 Electric Golf Cars to E-Z Go Textron for the amount
of $223,800, less $90,000 trade in for a total of $133,800. There is $147,000 available in the Motor
Pool for this purchase.
Availability of Funds:
General Fund
Capital Improvement
X Other
Water/Wastewater
General Revenue Sharing
Account Number
Funds Available:
Yes
No
Aooroved for City Council Agenda
7h.-7h,
Date / /
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BID TABULA TION - ELECTRIC GOLF CARS
YAMAHA E-Z GO WATSON
DESCRIPTION QTY GOLF E-Z GO (AL TERNA TE) DISTRIBUTING
1) ELECTRIC GOLF CARS 75 $2,699.00 $2,924.00 $2,984.00 $2,890.00
SUB-TOTAL $202,425.00 $219,300.00 $223,800.00 $216,750.00
LESS TRADE-IN ALLOWANCE 75 ($1,100.00) ($1,200.00) ($1,200.00) ($950.00)
SUB-TOTAL ($82,500.00) ($90,000.00) ($90,000.00) ($71,250.00)
GRAND TOTAL $119,925.00 $129,300.00 $133,800.00 $145,500.00
OPTION
REFRESHMENT CART $6,995.00 $9,983.00 $9,983.00 $9,175.00
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BIDDER'S LIST
SEALED BID #0743 - ELECTRIC GOLF CARS
E Z GO TEXTRON
8515 EAST N BELT
HUMBLE, TX 77396
WATSON DISTRIBUTING
PO BOX 36211
HOUSTON, TX 77236-6211
YAMAHA GOLF CARS
1725 HAZELWOOD
CONROE, TX 77301
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572-0996
BAYSHORE SUN PUBLISH DATES:
JUNE21,1998
JUNE 28, 1998
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested
July 27. 1998 .
Requested By: Bobby L. Powell Department: Police
X Report _Resolution _ Ordinance
Exhibits:
SUMMARY & RECOMMENDATION
On July 15, 1998, one of our patrol officers was dispatched to control traffic at Barbour's
Cut and Highway 146, due to the traffic signals being inoperable. While directing traffic,
the officer noticed smoke and flames inside his vehicle. The damage was extensive to the
interior of the vehicle, inc~uding the radio and video camera.
The dealer that was awarded the bid for patrol cars found that they have available a
vehicle which closely matches our specifications. The cost of the new car would be $20,695.
The current vehicle will have $ 17,186 funded toward replacement at the end of this fiscal
year
Permission for an emergency purchase of the replacement vehicle from Phillpot Ford and appropriating
$20,695 from the Motor Pool Fund
Availability of Funds:
General Fund
WaterfYVastewater
_ Capital Improvement
_ General Revenue Sharing
.x... Other Motor Pool Fund
Account Number: 009-5253-522-8050 Funds Available: x YES NO
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c ,CITY:OF LA PORTE
" ~UBLIC WORKS
, DEPARTMENT
, '!
Memo
To: Robert T. Herrera, City Manager
From, Steve Gillett, Director of Public Works~
I CC: John Joems, Assistant City Manager
Date: 07/21/98
Re: Traffic Humps
. Together with the Director of Planning, I have researched Traffic Hump policies and
operating procedures followed by cities in the surrounding area. In the process, it
was discovered that there are many differences in the methodology and practices
used by other cities. In order to tailor a policy that suites the needs of La Porte and is
an expression of the City Council's philosophy, a list of questions was developed to
gain insight into policy direction that the La Porte City Council wishes to pursue.
Based on the direction given at the upcoming workshop, the staff can then complete
development of a Traffic Hump Policy, should the Council wish to implement such a
policy that reflects the desires and philosophy of the Council. Should the Council,
after the workshop, direct the completion of a Policy, staff can have a final draft, in
ordinance form, ready for the first regular meeting in August.
. Page 1
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TRAFFIC HUMPS
At the recent Council Retreat and Workshop, the proposed Traffic Hump Policy
was discussed. Staff was directed to poll neighboring cities with traffic hump
programs to compare policies and procedures. A list of questions was developed
based on questions and concerns expressed by the Council, as well as staff.
The following questions were presented to staff at the cities of Houston,
Pasadena, Bay town and Deer Park. Attached is a matrix of answers received. It
is anticipated that the upcoming workshop will result in a discussion of the
questions and answers, with direction given on final development of a policy for
the City of La Porte.
1. What is the definition of an "affected resident"? Does the definition include
only those residents along the street or does it include residents that must
travel along the street to access their street?
2. What is the 85th percentile decision point? What speed limits are eligible?
3. If the 85th percentile falls below the established criteria, are the residents
allowed to fund the installation or is it denied?
4. When is the speed study performed - after the initial request or after the
petition stage?
5. What days of the week is the speed study performed?
6. How many days are sampled?
7. Do the residents have a say on when the study is done - Le. weekdays vs.
weekends?
8. Are residents allowed to object to placement of a traffic hump in front of
their residence?
9. If so, at what stage?
10. Are recounts considered, and if so, under what circumstances?
11. How often are requests considered - on demand or periodically?
12. Is there an appeals process?
13. If so, who considers appeal?
14. Is there an additional survey after the petition? What percentage approval
needed?
15. Are no parking zones established around traffic humps?
16. Is there an established budget for installations?
17. Is there a provision for cost sharing with the residents?
18. What happens to approved requests if budget is depleted?
19. Was a pilot program used to determine the effectiveness of traffic humps?
20. Is there a formally adopted policy for installation of traffic humps?
21. Is the Program currently active?
22. Are there provisions for removal?
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SPEED HUMP COMPARISON
NUMBER QUESTION HOUSTON PASADENA BAYTOWN DEER PARK LA PORTE
1 AFFECTED ON AFFECTED ON AFFECTED ON AFFECTED ON AFFECTED
RESIDENT STREET ONLY STREET ONLY STREET ONLY STREET ONLY
2 85TH PERCENTILE 5 MPH OVER 5MPH OVER 5 MPH OVER 5 MPH OVER
DECISION POINT UP TO 40 MPH 30 MPH ONLY 30 MPH ONLY 20 MPH ONLY
3 BELOW 85TH ALLOW YES NO YES YES
RESIDENTS TO PAY REQUEST DENIED
4 SPEED STUDYTIMING AFTER REQUEST AFTER REQUEST AFTER PETITION AFTER PETITION
5 SPEED STUDY DAYS TWT TWT TWT TWT
6 NUMBER OF DAYS 1 DAY 1 DAY 2 DAYS 1 DAY
SAMPLED
7 RESIDENT CHOICE WEEKDAY OR WEEKDAY OR WEEKDAY OR WEEKDAY
OF DAYS WEEKEND WEEKEND WEEKEND ONLY
8 RESIDENT CAN OBJECT YES NO YES YES
9 IF RESIDENT CAN REFUSE TO N/A POSTCARD NOTE ON
OBJECT, WHEN SIGN PETITION SURVEY PETITION
10 RECOUNT POLICY YES NO NO NO
11 TIMING OF REQUESTS TWICE PER YEAR ON DEMAND ON DEMAND ANNUAL Y
12 APPEALS PROCESS NO NO YES NO
13 IF YES, WHO N/A N/A GROWTH MANAGEMENT N/A
14 ADDITIONAL SURVEY NO NO YES - 80% NO
15 NO PARKING ZONE YES N/A N/A YES
16 SPECIFIC BUDGET YES - $2M NO YES, BUT NOT ACTIVE YES - $30,000
17 COST SHARING YES NO YES YES
18 BUDGET EXHAUSTED? 3 YEAR LIST 3 YEAR LIST 1 YEAR LIST ONGOING
19 PILOT PROGRAM YES NO YES YES
20 ADOPTED POLICY YES NO YES, YES
21 ACTIVE PROGRAM YES YES NO YES
22 REMOVAL YES NO YES YES
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ORDINANCE NO. 95-1466-~
AN ORDINANCE AMENDING CHAPTER 70, "TRAFFIC AND VEHICLES", SECTION
70-104 et seq, "FIFTY MILE PER HOUR ZONES", OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE; FOR THE PURPOSE OF DESIGNATING MAXIMUM
SPEED LIMITS UPON STREETS WITHIN THE CITY OF LA PORTE; PROVIDING
THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED
IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, Section 545.356 of the Texas Transportation Code provides that
whenever the governing body of the City of La Porte shall determine upon the basis of an
engineering and traffic investigation that any prima facia speed therein set forth is greater
or less than is reasonable or prudent under conditions found to exist at any intersection or
other place or upon any part of a street or highway within the City of La Porte, taking into
consideration, but not limited to, the width and condition of the pavement and other
circumstances on such portion of said street or highway, as well as the usual traffic
thereon, said governing body may determine and declare a reasonable and prudent
prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be
effective when appropriate signage giving notice thereof is erected at such intersection or
other place or part of the street or highway; and
WHEREAS, the City Council of the City of La Porte has directed that an
Engineering and Traffic Investigation take place for the purpose of ascertaining
reasonable and prudent prima facie speed limits upon State Highway 225 frontage roads
from the west city limits of La Porte to State Highway 146 within the City of La Porte; and
WHEREAS, the results of said Engineering and Traffic Investigation have become
known unto the City Council of the City of La Porte; and
ORDINANCE NO. 95.6---L
Page 2 .
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WHEREAS, the City Council of the City of La Porte finds that it is consistent in
promoting the health, safety, and welfare of the citizens of the City of La Porte to
designate and alter heretofore established maximum speed limits upon State Highway
225 from the west city limit to State Highway 146 in the City of La Porte, based u'pon the
results of said engineering and traffic investigation;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section 1. Upon the basis of an engineering and traffic investigation heretofore
made as authorized by the provisions of Section 545.356 of the Texas Transportation
Code, Chapter 70 "Traffic and Vehicles", Section 70-104, "Fifty mile per hour zones", of
the Code of Ordinances of the City of La Porte is hereby amended by setting out
subparagraphs and adding a subparagraph to read as follows, to-wit:
"Section 70-104. Fifty mile per hour zones.
The following streets or portions of such streets shall constitute special speed
zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of
speed in excess of 50 miles per hour in any such zone:
(1) Along Underwood Road from State Highway 225 to North P Street, a
distance of 6,500 feet, 1.23 miles;
(2) Along State Highway 225 frontage roads (east bound and west bound) from
the west city limit of La Porte to State Highway 146, a distance of
approximately 4.023 miles.
(Code 1970, 9 25-23 (j))"
Section 2. The City Council officially finds, determines, recites, and declares that
a sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
ORDINANCE NO. 95-_6-.lL-
Page 3
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time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 3. If any section, sentence, phrase, or clause, or any part of any section,
sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this ordinance, and it is hereby declared to be the intention
of this City Council to have passed each section, sentence, phrase, or clause, or part
thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part
thereof, may be declared invalid.
Section .4. Any person, as defined in Section 1.07(28), Texas Penal Code, who
shall violate any provision of this ordinance, shall be deemed guilty of a misdemeanor and
upon conviction shall be" punished by a fine not to exceed Two Hundred Dollars
($200.00).
Section 5. All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict only.
Section 6. This ordinance shall be effective fourteen (14) days after its passage
and approval, and upon the erection of speed limit signs giving notice of the new speed
limit established herein The City Secretary shall give notice of the passage of this
ordinance by causing the caption hereof to be published in the official newspaper in the
City of La Porte at least twice within ten (10) days after the passage of this ordinance.
ORDINANCE NO. 95.6-~
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PASSED AND APPROVED, this ~ day of ::JUL-1 ' 1998.
CITY OF LA PORTE
By:4r~~~
orman L. Malone,
Mayor
ATTEST:
~~~uWL
a ha Gillette,
City Secretary
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SPEED ZONE ORDINANCE
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED
LIMITS ESTABLISHED FOR VEHICLES UNDER THE
PROVISIONS OF ARTICLE 67010, VERNONS TEXAS CIVIL
STATUTES, UPON. THE BASIS OF AN ENGINEERING AND
TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND
ffiGHWAYS, OF PARTS THEREOF, WITHIN THE
CORPORATE LIMITS OF LA PORTE, AS SET OUT IN TInS
ORDINANCE;. AND PROVIDING A PENALTY OF A FINE
NOT TO EXCEED $200 FOR THE VIOLATION OF TInS
ORDINANCE.
WHEREAS, Article 6701D, Vernon's Texas Civil Statutes, provides that whenever the
~overnin~ body of the City shall detennine upon the basis of an engineering and traffic
InVestigation that any prima facie speed therein set forth is greater or less than is reasonable or
safe under the conditions found to exist at any intersection or other place or upon any part of a
street of highway within the City, taking into consideration the width and condinon of the
pavement and otlier circumstances on such portion of said street or highway, as well as the usual
traffic thereon, said governing body may detennine and declare a reasonable and safe prima facie
speed limit thereat or thereon by the passage of an Ordinance, which shall by effective when
appropriate si~s giving notice thereof are erected at such intersection or other place or part of
the street of highway;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF LA PORTE,
TE}U\S: .
Section 1. Upon the basis of an engineering and traffic investigation heretofore made as
authorized by the provisions of Article 6701D, Vernon's Texas Civil Statues, the following prima
facie speed limits hereafter indicated for vehicles are hereby determined and declared to be
reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for
vehicles traveling upon the named streets and highways, or parts thereof, described as follows:
(A) Along SH 225 frontage roads from the west city limit ofia Porte to SH 146, a distance of
approximately 4.023 nilles, 50 MPH. "
Section 2. Any person violating any of the provisions of this ordinance shall by deemed guilty of a
misdemeanor aild upon conviction thereof shall by fined in any sum not more than Two Hundred
Dollars ($200)
PASSED AND APPROVED TInS
day of
,19_.
ATTEST:
APPROVED:
City Secretary .
Mayor
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Charles Schoppe
103 Forrest
Laporte, Texas 77571
(281) 842-1104
Objective: To get involved in the community.
Personal: 30 year resident of Laporte/Deer Park
57 years old, single, three children:
Todd 35, and Russell 28.
Member of St, Mary's Catholic Church, Lap
37
Past treasurer of Laporte Bulldog Booster Club.
Past coach for the Laporte youth baseball program.
Employment:
IBM (NASA)-30 years. Retired in 1991.
Owner and CEO of Schoppe Pest Control, La orte, Tx.
Education:
St. Thomas High School Houston, Tx.
San Jacinto College, AA Business Manageme
Certified by the State of Texas in pest c
IBM Management School, Glen Cove, New Yor .
Health:
Excellent.