2012-054 RES AWARDING CONTRACT FOR REHABILITATION OF EAST ELEVATED STORAGE TANK TO CLASSIC PROTECTIVE COATINGS INCRESOLUTION N0. 2012-054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AWARDING THE CONTRACT FOR THE REHABILITATION OF THE EAST
ELEVATED STORAGE TANK TO CLASSIC PROTECTIVE COATINGS, INC.,
THE LOWEST RESPONSIBLE BIDDER; MAKING OTHER FINDINGS A1VD
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, advertise for bids for
furnishing plant, labor, materials, and equipment, and for performing all work required for
the Rehabilitation of the East Elevated Storage Tank in the City of Paris, which bids were
received unti13:00 o'clock p.m., Thursday, the 1st day of May, 2017r, and,
WHEREAS, the lowest responsible bid providing the best value to the City was
received from Classic Protective Coatings, Inc., N7670 State Hwy 25, Menomonie,
Wisconsin, in the amount of EIGHT HUNDRED EIGHT THOUSAND THREE HUNDRED
THIRTY-FOUR DOLLARS AND NO/100 ($808,334.00) and the contract should be awarded
to Classic Protective Coatings, Inc., in accordance with the Bidder's Proposal and the other
terms and conditions set out in the bid documents attached hereto as Exhibit "A" and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby
in all things approved.
Section Z. That the bid of Classic Protective Coatings, Inc., N7670 State Hwy 25,
Menomonie, Wisconsin, for the Rehabilitation of the East Elevated Storage Tank in the City
of Paris is hereby accepted as the lowest responsible bid which provides the best value to
the City and the contract for this project is hereby let conditioned upon said contractor
executing a contract with the City, providing required bonds, proof of insurance and
meeting all of the terms and specifications included in the bid documents attached hereto
as Exhibit "A".
Section 3. That the City Manager be, and he is hereby, authorized and directed to
execute on behalf of the City of Paris all documents necessary for the Rehabilitation of the
East Elevated Storage Tank in accordance with the bid documents attached hereto as
Exhibit "A".
Section 4. That this resolution shall be effective from and after the date of
passage.
PASSED AND APPROVED this 14th day o1
ATTEST:
.
ice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlya , ity Attorney
~ DUNHAM ENGINEERING, INC.
~
wwwDunhamEnqineerinq.com RegistrationNumber. F-002253
,
D U N H A M
E N G 1 N E E R I N G 13141 Hill Rd. • College Station, TX 77845 0 (979) 690-6555 • Mobile: (979) 820-1648 • Fax: (979) 690-7034
Bid Tabulation S6eet
City of Paris - Paris, Texas
Bids opened 2:00 PM, May 1, 2012 @ City Council Chambers
Contractor Base Bid Additive 1 Additive 2 Additive 3
A&M Construction $811,000 $13.000 $4.500 $No Bid
Blastco $822,500 S5.000 1$ .500 No Bid
Classic Protective Coatings $778.334 S5.000 $25,000 $10.000
M.K. Painting $807,000 20 000 $10,000 $No Bid
TMI $1,167.000 S10,000 $6,000 $NoBid
Dunham Engineering
/
DUI`rIHAM
ENGINEERING
lnspecfion. Des/gn. Results.
May 2, 2012
DUNHAM ENGIIVEERING, INC.
wwnN DunhamEnqrneerinq_cem
Texas Registration Number: F- 2253
13141 Hill Rd., College Station, TX 77845
City of Paris
Public Works Department
50 West Hickory Street
Paris, Texas 75460
Attn: Ronald J. Sullivan, P.E., Director of Public Works
Phone: (979) 690-6555 Fax: (979) 690-7034
Re: Recommendation of Contractor for Rehabilitation of 1.OMG East Elevated Water Storage
Tank Project
The purpose of this letter is to recommend a contractor for the above referenced project. A
complete bid tabulation from the May 1" public bid opening is attached.
The lowest, responsive and responsible bidder, Classic Protective Coatings, Inc. of Menomonie,
Wisconsin, is recommended for award. A copy ofthe Bidder's Proposal is attached. Dunham
Engineering has previous satisfactory experience with this contractor and has reviewed
submitted references for similar projects, all of which are satisfactory.
Along with award of the base bid of $778,334.00, it is recommended that Additive Bid Items
Nos. 1& 2 be awarded on an as-needed basis per the Project Specifications, thereby making the
maximum contract value not to exceed $808,334.00.
If you should have any questions regarding the above recommendations, please feel free to call
anytime.
Sincerely,
i;
Travis C. Tatum, P.E.
~
541: W,
IiASE BID ITEMS
Item Estimatecl DCSCI'Ipti0L1 arid
No. Quantity Price in Words
Lwnp Sum Furtiislz tnatei•ial aizd labor to
replace the coating systems
per the Technical Specifica.tions
£or a lun,p sutn of.
~lts.
ce
• 47-1-4w' . ~ dollars and /Io
~--~1--~----
2, Lump Sum Furnish mlteriai and labor to
perforrn the a•epaii' items
per the Technir.al Specifications
for a 1ui11p sun, or
/~'f Gi1~/'%~~j~,^~=` _'Lt~.>' ~j~~z.5. do(lars and cenis.
/-1
Tatal P1•icc
,
s ~
~~,c•<
•D
C
Ii
ase Bid - total oF Itexzis 1& 2 above: ",,,~'l/~IL%-
~
~,d f~~.7~ ✓~:z ( ~a i2' : vt:J G,/~_~'~dollars and ~ cents
✓`Gf"
Additive Bid ltems Nexl Pare
RECElVED
MAY -1 2012
CITY MANAGER
PARIS, TEXqS
Section 111 - 2
SBCTION III
6IDDEtZ'S PRCaPOSAL
Date ~ni 2~, ~C)y?~
PrQposal of C1i:~>>k iI-Ic:,
a corporation orgaiiized and existing uncier laws of the State of RL"'.__
a partnersliip consistinb oE
an inciividual trading as
To: City oE Paris
Public Works Departznent
50 West E-Iickory Street
Paris, Texas 75460
Dear Sir:
Pursuant to the Forgoirtg Notice to Bidders, the undersigned bidder hereby proposes to
cio a!l the work anci Eurnish all necessary superintendence, labor, machinery,
equiprnent, tools and inaterials, and whatever etse nnay be necessary to cocnplete all the
work upon which kie bids, as provided by the attached specifications zind shown on the
plans, and binds himself on acceptance of this proposal to execute a contract and bond,
according to the accompanying Eorms, Eor perEnrming and cornpleting the said wUrk
wiEhin the time stated and rnaintaining same 1s required by the deEailed speciEicativns
for the kollowiitg priccs to wit:
RECEIVED
MAr - 1 2012
CITY MANAGER
PARIS, TEXAS
Scctiori I.[[ -1
Additive t3id lEem #1 Unit Price
Furnish material and labor to repair carrosion c.-iainaged areas ana holes up to 6° in
diameter as needed pcr the Tecllnical5pecifications for a unit price per area of
/
/~1i;rp~! t/~ dollars and& cents
x 200 areas = "
Additive Bid Item #2 LtYinp Sutn
Furnish material and labor to pressure wash the interior blast cleaned areas to reznave
surface contaminants as needed per the "Technical Specificafions for a lurnp sum of
5L-v~~-.
~r✓G.~ 0~'-5dol lars az1dcenEs $--2
Additive Sid Item #3 Lump SuYxl Pxicing Not Required
q~i d or deduct froin Base Bid to install Alternate
Coating System per the Tectlnical 5pecifications.
Sectioil [1I - 3
The uildersigned bidder agrees to coinmence wol-k within ten (10) days after the date af
writteci notice to caminence work. 'I'he work will be substantially comp(eted in ni-ie
hundred fifty (150) calendar days subject to the extensions oE tiiiie as are provided by
the General Conditions of the Conh•act.
Owner and Contractor recogtuze that time is of the essence and [hat Owner wilt suffer
financial loss if the work contemplated in this Project is itot completed within the tiiiie
specified plus any extensiotzs aliowed in change orders granted pursuant to NZe Generll
Canditions. Owner and Contraclor recognize the delays, expenses and difficu(ties
i»voived ii1 proviilg the actual ]ass suffered by Owner if the work ta be coznpleteci izi
the Project is i-iot cottipleEed on time. Accoi-dingty, instead of requiring any suclz proof,
Owner and Contractor agree that as liquidated damages for delay (but nofi as apea-talty),
Caiitractor sllal] pay Owi1er Two f3undred Fifty Dollars ($250.00) per calendar day for
each day that expzres after the tiiiie specificd lierein for completion of the work.
Enclosed with this praposal is a cashier's ot• certificd check for
-
or a bid boiid in Ehe sum of~~~"7`~~/ ~~`rl7
Dollars, which it is a greed shall be collected and retaitied b y flie Owner as li quidated
datnages in the event tllis pi-oposal is accepted by the Owt1er within l-hirty (30) days
afeer the date advertised for the receptioii of bids and tlie undei•signed fails to executc
t11e contract and thc i-eqtiirecl bonci with the Ownei-, iindei- the coilditions hereof, withiai
fifteen (15) aays aftei• tlze said proposal is accepted, otlzei-wise, said clleck ar bond shall
be returned to the undersigiied upan cfernand.
The undersigned hereby declares that he has visited the site and has carefully examined
the contract docunients relative to tlie work covered by Ehe above bid.
Izespectfully submitled,
BICjdC'1":
Slgiled:
Title:
Address: ~10 `~~._C V~'..IAk
_1 A ~ u'Q, i ~ .•f71
SEaI - if bidder is a coz•poz•atio►i
Section.ll_I - 4
~f
D U N H A M
ENGINEERING
lnspectlon. Deslgn. Results.
DUNHAM ENGINEERING, INC.
www DunhamEnqineerinq.com Texas Registration Number: F- 2253
13141 Hill Rd., College Station, TX 77845
Phone: (979) 690-6555 Fax: (979) 690-7034
SPECFICATIONS AND CONTRACT DOCUMENTS
REHABILITATION OF 1.OMG EAST ELEVATED WATER STORAGE
TANK
CITY OF PARIS, TEXAS
~
~
OF TFx~
: 11
TRAVIS C. TATUM .......~W
~11~0343 ~
i A ' sz~
, tto~~. s s b N A L E~ G`~~
PREPARED BY:
DUNHAM ENGINEERING, INC.
TEXAS REGISTRATION NO. F-2253
13141 HILL ROAD
COLLEGE STATION, TEXAS 77845
MARCH 2012
Ownership of Documents: This document and the ideas and designs incorporated herein, as an
instrument of professional service, is the property of Dunham Engineering, Inc. and is not to be used, in
whole or in part for any project without the written authorization of Travis C. Tatum, P.E.
TABLE OF CONTENTS
SECTION DESCRIPTION
NUMBER
I Notice to Bidders
II Instructions to Bidders
III Bidder's Proposal
IV Standard Form of Agreement
V Bonds
VI General Conditions
VII Special Conditions
VIII Technical Specifications
A. Summary of Work (SW)
B. Technical Specification No. 2(TS 2) Commercial Blast Cleaning
C. Technical Specification No. 3(TS 3) Near-White Blast Cleaning
D. Technical Specification No. 10 (TS 10) Disinfection of Tank
E. Technical Specification No. 20 (TS 20) Paints & Painting
F. Technical Specification No. 35 (TS 35) Lead Abatement
G. Technical Specification No. 40 (TS 40) Welding
DRAWINGS
A. 30" Diameter Roof Hatch
B. 30" Square Roof Hatch
C. 30" Roof Vent
D. Ladder
E. Handrail
F. Antenna Bracket
G. Rafter & Center Ring Repairs
H. Splash Pad
APPENDIX
A. Maps to Site
B. Engineer's Report of Inspection
C. Laboratory Analysis of Lead Content in Coating
D. SSPC Guide 6- Containxnent
E. SSPC Guide 12 - Lighting
F. SSPC SP 6- Commercial Blast Cleaning
G. SSPC SP 10 - Near-White Metal Blast Cleaning
SECTION I
NOTICE TO BIDDERS
NOTICE TO BIDDERS OF THE INTE NT4~N ~
TO AWARD A CONSTRUCTION CO FOR THE REHABILITATION OF THE
EAST ELEVATED WATER STORAGE TANK.
Sealed bids will be received from qualified contractors addressed to City of Paris, Public
Works Buildin 50 West Hickor Street Paris Texas 75460 or delivered to the same
address unti12:00 PM, APRIL 17, 2012, for furnishing all labor, materials and equipment
for the work required for rehabilitation of the water storage tank as listed in the
specifications for the East Elevated Water Storage Tank Rehabilitation Project, prepared
by Dunham Engineering, Inc. Proposals will be publicly opened and read aloud at the
address above at the same time and date. Any bid received after the above closing time
will be returned unopened.
The work consists of rehabilitating a one million gallon elevated water storage tank
located in Paris, Texas. and
sub Bids shall include one (1) original o f nro1 al f urnished ySea ed en e opess hall be
sealed envelope upon the blank fo p po
marked in the upper left hand corner as follows:
"DO NOT OPEN IN MAIL ROOM
SEALED BID
EAST ELEVATED WATER STORAGE TANK REHABILITATION PROJECT
TO BE OPENED: 2•00 PM, APRIL 17, 2012"
All proposals shall be accompanied by a cashier's or certified check upon a national or
state bank in the amount of 5% of the toeas b d am°nnt~pa aigua an ee that the b dder
bond in the same amount from a rehabl y op Y as
will enter into a contract and exec hout check or bd bond w11 not beh fifteen
ed.
(15) days after notice of award. Bids wrt
All payment and performance bonds must be issued by a surety licensed by the Texas
Department of Insurance and must have a minimum Best Key Rating Guide of "A" or
"A_11
SECTION I -1
The Contract will be awarded to the responsible bidder who, in the opinion of the
Owner and Engineer, is best capable of performing the work. The evaluation shall be
based on the contractor's previous work experience, available resources, knowledge of
the work and bid price. The OWNER reserves the right to reject any or all bids and to
waive any and all informalities in bidding.
Plans and specifications are on file at the Engineer's office in College Station, TX.
Proposal forms and specifications may be obtained from Dunham Engineering, Inc.,
13141 Hill Rd., College Station, Texas 77845, Phone (979) 690-6555, upon deposit of
$75.00 per set. The amount of deposit will be refunded to each bidder who returns the
documents in good condition within ten days after opening bids or any contractor who
returns the documents in good condition before bids are opened. Deposits of Suppliers
and subcontractors, and deposits for electronic copies will not be refunded. Contractors
who do not return plans before bid date or who do not bid forfeit the bid deposit.
Bidders are expected to inspect the site of the work and to inform themselves of local
conditions, and carefully examine the specifications and other documents. Should the
bidder find discrepancies in, or omissions from the specifications or documents, or have
a question regarding their meaning, bidder should at once notify Dunham Engineering
and obtain clarification prior to submitting any bid.
The project site is located in the 600 block of 25th Street NE, Paris, Texas. Contact the
Water System Manager at 903-784-9289 to arrange a site visit. The site can be inspected
during normal operating hours Monday - Friday from 8:00 a.m. to 4:00 p.m.
A pre-bid conference will not be held.
Call the Engineer to ask any question pertaining to the project requirements. Contact
the Engineer at office phone No. 979-690-6555.
END OF NOTICE TO BIDDERS
SECTION I - 2
SECTION II
INSTRUCTIONS TO BIDDERS
1. PREPARATION AND SUBMISSION OF PROPOSAL
Bids shall be prepared by filling in all the blank spaces of the proposal form, which is
part of these documents. The proposal may be removed from the bound documents
and submitted separately. Bids may be rendered out of form and then subject to
rejection by non-responsiveness by failure to supply all information indicated, or by
making any limitation, condition or provisions: bids which are out of form are subject to
rejection at the discretion of the Owner. Bids shall include one (1) original and one (1)
complete copy and be submitted in a sealed envelope that is clearly identified with the
narne and address of the bidder and bearing a statement indicating the project on which
the bid is submitted. A bidder may withdraw his proposal only by presenting a written
statement to the effect prior to the closing time. The proposal shall be executed in ink in
the complete and correct name of the individual, firm, corporation, or combination
thereof making the proposal and be signed by the person or persons authorized to
legally bind the individual, firm, corporation or combination thereof.
2. EXAMINATION OF SITE
Prior to submission of a proposal, the bidder shall have made a thorough examination
of the site of the work and of the plans and specifications, and shall become informed as
to the location and nature of the proposed construction, labor conditions and all other
matters including climate and wind conditions that may effect the cost and time of
completion of the work upon which he bids. The submission of a bid by bidder shall be
conclusive evidence that he has complied with these requirements.
3. INTERPRETATION OF ESTIMATES OF QUANTITIES
The quantities listed in the Proposal Form will be considered as approximate and will
be used for the comparison of bids. Payments will be made to the contractor only for
the actual quantities of work done or materials furnished in accordance with the
contract. The quantity of work to be done and materials to be furnished may be
increased or decreased, as allowed by Texas law and provided in the General
Provisions.
4. INTERPRETATION OF QUOTED PRICES
In case of a difference between the written words and any figure in a proposal, the
amount stated in writing will be computed as the bid amount.
SECTION II -1
5. DISCREPANCIES IN BIDS
In case of lack of clarity of a proposal, the Owner will adopt the most advantageous
interpretation thereof or may reject the bid.
6. UNBALANCED BIDS
Unreasonable or unbalanced unit prices that do not generally reflect industry standard
pricing will be cause for rejection of any bids.
7. INTERPRETATION OF PLANS AND SPECIFICATIONS
Any written questions as to the meaning of any plans and/or specifications will be
answered by addendum which will be sent to all who have been furnished with
contract documents and plans. Questions in writing shall be directed to the Engineer
for consideration and response.
8. BID BOND
The bidder shall provide with the proposal a cashier's or certified check or a bid bond in
the amount equal to five percent (5%) of the total proposal price.
All bid securities will be returned to respective bidders within ten (10) days after bids
are opened except those which the District elects to hold until the successful bidder has
executed the Contract and furnished performance and payment bonds. The successful
bidder will receive his bid bond within ten (10) days after execution of the Contract and
Owner's acceptance of required performance and payment bonds.
9. METHOD OF AWARD
Contract will be awarded to the lowest responsible bidder or to the bidder who
provides the goods specified herein at the best value to the Owner, in compliance with
Texas Local Government Code, Chapter 252.043. The Owner reserves the right to select
the method in the best interest of the Owner.
Best value criteria includes but is not limited to:
* All costs including installation, maintenance, warranty, overall life cycle.
* Quality of the goods and services.
* Reputation of the bidder or bidder's goods and services.
* Extent to which goods or services meet the Owner's needs.
The Owner reserves the right to waive any informalities or technical errors that, in its
judgment, will best serve the interest of the Owner.
SECTION 11 -2
10. CONTRACTOR'S INSURANCE
The CONTRACTOR, before starting work for the OWNER, must furnish to the
OWNER, Certificates of Insurance or other acceptable evidence from a reputable
insurance company or companies (such companies to be acceptable to the Owner)
licensed to write insurance in the State of Texas, showing that the CONTRACTOR is
covered by the insurance as follows:
(1) Statutory Worker's Compensation Insurance with Emplover's Liability
Insurance in the amount of $1,000,000.
(2) Comprehensive General Liability Insurance with a$1,000,000. Combined
Single Limit.
(3) Comprehensive Automobile Liabilitv Insurance with a$1,000,000 Combined
Single Limit on all self-propelled vehicles used in connection with the
contract, whether owned, non-owned or hired.
(4) Umbrella Liability Coverage: The insurance shall protect the Contractor and
additional insured against all claims in excess of the limits provided under
the employer's liability, comprehensive automobile liability, and commercial
general liability policies. The liability limits of the umbrella policy shall not be
less than $1,000,000.00. The policy shall be an "occurrence" type policy.
The Contractor will be required to furnish satisfactory certificates to the Owner for all
the above required coverage with the contract. Such certificates shall be from insurance
companies acceptable to the Owner, name the Owner as additional insured, provide
waiver of subrogation in favor of Owner and include 30 days written notice to the
Owner for cancellation or change in the coverage. The Certificates of Insurance must
verify that no endorsements limiting or reducing coverage for the additional insured
are a part of the liability policy contract.
The Contractor shall be responsible for insurance to cover equipment, tools, materials,
supplies, etc. used in the performance of work owned or rented, the capital value of
which is not included in the cost of this contract.
Insurance policies are to be written by companies authorized to do business under the
laws of the State of Texas and on forms approved by the State Board of Insurance of the
State of Texas. The Contractor shall provide the Owner a copy of all insurance policies.
SECTION 11 -3
In addition to being authorized to do business in the State of Texas, the insurance
company must also be listed on the Department of Treasury Circular 5701isting the
Department's approved sureties.
11. INDEMNIFICATION
CONTRACTOR SHALL, TO THE FULLEST EXTEN'I' PERMITTED BY LAWS AND
REGULATIONS, INDEMNIFY AND HOLD HARMLESS OWNER FROM AND
AGAINST ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES (INCLUDING, BUT
NOT LIMITED TO, FEES OF ENGINEERS, ARCHITECTS, ATTORNEYS AND OTHER
PROFESSIONALS AND COURT COSTS) ARISING DIRECTLY, INDIRECTLY OR
CONSEQUENTIALLY OUT OF ANY ACTION, LEGAL OR EQUITABLE, BROUGHT
BY ANY SUCH OTHER PARTY AGAINST OWNER TO THE EXTENT BASED ON A
CLAIM ARISING OUT OF CONTRACTOR'S NEGLIGENT PERFORMANCE OF THE
WORK. IT IS THE EXPRESSED INTENT OF THE PARTIES HERETO THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY
CONTRACTOR TO INDEMNIFY AND PROTECT OWNER FROM THE
CONSEQUENCES OF OWNER'S OWN NEGLIGENCE, WHEN THAT NEGLIGENCE
ON THE PART OF THE OWNER IS A CONCURRING CAUSE OF THE INJURY,
DEATH OR DAMAGE.
FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL
HAVE NO APPLICATION TO ANY CLAIM, LOSS, DAMAGE, AND CAUSE OF
ACTION, SUIT AND LIABILITY WHERE THE INJURY, DEATH OR DAMAGE
RESULTS FROM THE SOLE NEGLIGENCE OF THE OWNER INDEPENDENT OF
THE FAULT OF ANY OTHER PERSON OR ENTITY.
12. ANTITRUST
CONTRACTOR hereby assigns to OWNER any and all claims for overcharges
associated with this contract which arise under the antitrust laws of the United States,
15 U.S.C.A.Sec.1 et seq. (1973)
13. PRICE OF MATERIALS AND SALES TAX
This contract is entered into by an organization which qualifies for exempt revisions
pursuant to the Texas Tax Code. The Contractor is responsible for separating the cost of
materials and labor to perform the work.
14. SUB-CONTRACTING
The bidder shall perform, within his own organization, work of a value of not less than
ninety-five (95%) percent of the value of all work embraced in the Contract exclusive of
SECTION II -4
items not commonly found in contracts for similar work or which acquire highly
specialized knowledge, craftsmanship and/ or equipment not normally available to
contractors performing work of the character embraced in the Contract.
15. EXPERIENCE RECORD
In order for the OWNER and the ENGINEER to give proper consideration to each
bidder and in order to expedite the selection of the lowest responsive and responsible
bid, each bidder is required to fill out the EXPERIENCE RECORD form found at the
end of this section.
SECTION 11 -5
EXPERIENCE RECORD
Similar Projects Bidder successfully completed within past two (2) years
Amount Contract Type Work Date Accepted Name & Phone # Owner
Similar Projects Bidder now in process of completing
Amount Contract Type Work Date Finish
Surety BONDS on Uncompleted Work
Amount Contract Amount Bond Current
Name, address Owner
Name of Surety Company
List of Equipment owned by Bidder in serviceable condition and available for use
On this project
Portion of Work Bidder proposes to sublet, amount, type and to whom
Dated at this day of , 201_.
Name of Contractor
SECTION 11 -6
SECTION III
BIDDER'S PROPOSAL
Date
Proposal of
a corporation organized and existing under laws of the State of
a partnership consisting of
an individual trading as
To: City of Paris
Public Works Department
50 West Hickory Street
Paris, Texas 75460
Dear Sir:
Pursuant to the forgoing Notice to Bidders, the undersigned bidder hereby proposes to
do all the work and furnish all necessary superintendence, labor, machinery,
equipment, tools and materials, and whatever else may be necessary to complete all the
work upon which he bids, as provided by the attached specifications and shown on the
plans, and binds himself on acceptance of this proposal to execute a contract and bond,
according to the accompanying forms, for performing and completing the said work
within the time stated and maintaining same as required by the detailed specifications
for the following prices to wit:
Section III -1
BASE BID ITEMS
Item Estimated Description and
No. Quantity Price in Words
1. Lump Sum Furnish material and labor to
replace the coating systems
per the Technical Specifications
for a lump sum of
dollars and cents.
2. Lump Sum Furnish material and labor to
perform the repair items
per the Technical Specifications
for a lump sum of
dollars and cents.
Base Bid - total of Items 1& 2 above:
Total Price
$
$
dollars and
Additive Bid Items Next Page
cents
Section III - 2
Additive Bid Item #1 Unit Price
Furnish material and labor to repair corrosion damaged areas and holes up to 6" in
diameter as needed per the Technical Specifications for a unit price per area of
dollars and cents
$ x 200 areas =
Additive Bid Item #2 Lump Sum
$
Furnish material and labor to pressure wash the interior blast cleaned areas to remove
surface contaminants as needed per the Technical Specifications for a lump sum of
dollars and cents
Additive Bid Item #3 Lump Sum
Add $ or deduct $
Coating System per the Technical Specifications.
Pricing Not Required
Section III - 3
$
from Base Bid to install Alternate
The undersigned bidder agrees to commence work within ten (10) days after the date of
written notice to commence work. The work will be substantially completed in one
hundred twenty (120) calendar days subject to the extensions of time as are provided by
the General Conditions of the Contract.
Owner and Contractor recognize that time is of the essence and that Owner will suffer
financial loss if the work contemplated in this Project is not completed within the time
specified plus any extensions allowed in change orders granted pursuant to the General
Conditions. Owner and Contractor recognize the delays, expenses and difficulties
involved in proving the actual loss suffered by Owner if the work to be completed in
the Project is not completed on time. Accordingly, instead of requiring any such proof,
Owner and Contractor agree that as liquidated damages for delay (but not as a penalty),
Contractor shall pay Owner Two Hundred Fifty Dollars ($250.00) per calendar day for
each day that expires after the time specified herein for completion of the work.
Enclosed with this proposal is a cashier's or certified check for
) Dollars,
or a bid bond in the sum of )
Dollars, which it is agreed shall be collected and retained by the Owner as liquidated
damages in the event this proposal is accepted by the Owner within thirty (30) days
after the date advertised for the reception of bids and the undersigned fails to execute
the contract and the required bond with the Owner, under the conditions hereof, within
fifteen (15) days after the said proposal is accepted, otherwise, said check or bond shall
be returned to the undersigned upon demand.
The undersigned hereby declares that he has visited the site and has carefully examined
the contract documents relative to the work covered by the above bid.
Respectfully submitted,
Bidder:
Signed:
Title:
Address:
Seal - if bidder is a corporation
Section III - 4
SECTION IV
STANDARD FORM OF AGREEMENT
As Adopted By
THE TEXAS SECTION OF
THE AMERICAN SOCIETY OF CIVIL ENGINEERS
STATE OF TEXAS
COUNTY OF LAMAR
THIS AGREEMENT, made and entered into this day of , A.D.,
2011, by and between City of Paris, of the City of Paris, of the State of Texas, acting
through the , thereunto duly authorized so to do, Party of the First
Part, hereinafter termed OWNER, and of the City of
, and State of , Party of the Second Part, hereinafter
termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the Party of the First Part
(OWNER), and under the conditions expressed in the bond bearing even date herewith,
the said Pariy of the Second Part (CONTRACTOR), hereby agrees with the said Party of
the First part (OWNER) to commence and complete the construction of certain
improvements described as follows:
Furnish all material and labor for the repair and repainting of the 1.OMG East Elevated
Water Storage Tank, located in the 600 block of 25th Street NE, Paris, Texas.
in accordance with the base bid and all extra work in connection therewith, under the
terms as stated in the General Conditions of the Agreement and at his own proper cost
and expense to furnish all the materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories and services necessary to
complete the said construction in accordance with the conditions and prices stated in
the Proposal attached hereto, and in accordance with the Notice to Contractors, General
and Special Conditions of Agreement, Plans and other drawings and printed or written
explanatory matter thereof, and the Specifications and addenda therefore, as prepared
by Dunham Engineering, Inc.,13141 Hill Rd., College Station, Texas 77845, (979) 690-
6555 herein entitled the ENGINEER, each of which has been identified by the
CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written
Proposal, the General Conditions of the Agreement, and the Performance and Payment
Bonds hereto attached; all of which are made a part hereof and collectively evidence
and constitute the entire contract.
SECTION IV -1
The CON after TRACTOR hereby agrees to commence work withidn {o substant lly complete
date written notice to do so shalle t e b20~ ~enda~ days after the date of the written
the same within one hundred tw y(
to commence work, subject to the extensions of time as are provided by the
notice
General Conditions of the contract.
nd CONTRACTOR recognize that time is of the ese t is no c ompO ed W hin
pWNER a
G n change o roders granted pursuant to t a he
will suffer financial loss if the ~^'os ions allowed
the time specified plus any exten dela
enses eneral Conditions. OWNER and CONTRACTOR rea $ y ruOWNER if th work to be
difficulties involved in proving the actual loss suffer
leted in the Project is not completed on time. Accor ais g1Yuidated damages forg
comp
any such proof, OWNER and CONTRACTOR agree t a q
ut not as a penalty), CONTRACTOR shall pay OW af er the time specifi d
delay (b
Dollars ($250.00) per calendaW~dr for each day that expires
herein for completion of the
SS THEREOF, the parties to these presents have executed this Agreement in
IN WITNE
the year and day first above written.
Party, First Part (OWNER)
By: -
P,TTEST:
(SEAL)
Party, Second Part (CONTRACTOR)
By:
ATTEST:
(SEAL)
SECTION IV - 2
BID BOND
BIDDER (Name and Addressl:
SURETY (Ivame and Address )f Princival Place of Business):
OWNER (Name and Addressl:
BID
r BID DUE DATE:
PROJECT (Brief Description Including Location):
BOND
BOND NUMBBR:
DATE: (Not later than Bid Due Date):
PENAL SUM:
IN WJ'i'NF,SS 1NfEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on
the reverse side hereof, do each cause tlvs Bid Bond to be duly execubed on its behalf by its authorized afficer, agent,
or representative.
BIDDER
Bidder"s Name and Corporate 5ea1
Signaivre and Tide
Attest:
5ignature and Title
SURETY
Sureh''s Name and Corparabe Seal
B}':
Signeture and 7'ide
{AtMch Power of Attome}')
Attesr.
Signeture and ?ide
Note: (1) Above addresses are m be used for giving required notice.
(2) Any singular reference to Bidder, Surety, Owner or other party shaU be considered
plural where applicable.
EJCDC NO. 1910-28-C (]990 Edition)
(Seal)
(Seal)
SECTION V-1
1. Bidder and Suret}% jointlN. and severally,
bind thernselves, their heirs, executors,
administratars, successors and assigns ta pay to
Owner upon default of Bidder the penal sum set
forth on the face of this Bond.
2. Default of Bidder sha11 accur upon the
failure of Bidder to deliver within the time
reyuired bx• the Bidding Documeitits the
executed Agreement required by the Bidding
Documents and any performance and payment
bonds required by the Bidding Documents and
Contract Documents.
3, This obligaiion shall be null and void if:
3.1 Owner accepts Bidder's bid and
Bidder delivers within the time
required by the Bidding Documents
(or any extension thereof agreed to in
writing hy Owner) the exeruted
Agreement required Uy the Bidding
Dactunents and any perfomtance and
payment bonds required by the
Bidding Documents and Contract
Documents, or
- 3.2 All bids are rejected by Owner, or
3.3 Owner fails to issue a notice of award
to Bidder within the time specified in
d1e Bidding Documents (or any
extensian thereof agreed to in writing
by Bidder and, if applicable,
consented ta by Surety when
required by paragraph 5 hereoo.
4. Pat°ment under this Bond will be due and
payable upon default of Bidder and within 30
ralendar days after receipt by Bidder and Surety
nf Written notice of default from Chvner, which
notice will be given with reasonable prompMess,
identifying this Bond and the Project and
induding a s#itement of the amount due.
5. Surety waives natice of and any and all
defenses based on or arising aut of any time
extension to issue notice of award agreed to in
v,rriting by Owner and Bidder, provided that the
time for issuing notice of award induding
extensions shall not in the aggregate exceed 120
days from Bid Due Date without Surety's
written consent.
6. No suit or action shall be commenced under
this Bond prior to 30 calendar days after the
nntice of default required in paragraph 4 above
is received by Bidder and Surety, and in no case
later than one year after Bid Due Date.
7. Anv suit or action under this Bond shali br
cpmmenced only in a court of competent
jurisdiction located in the state in which tlle
Project is located.
8. Notice required hereunder shall be in
writing and sent to Bidder and Surety at t}ieir
respertive addresses shown on the face of this
Bnnd. Such notices may be sent by personal
delivery, commercial courier or by United States
Registered ar Certified Mail, retum receipt
requested, postage pre-paid, and shall be
deemed to be effective upon receipt b), the parhy
concemed.
9. Surety shall cause to be attached to #his
Bond a current and effective Power of Attorney
evidencing the authority of the officer, ageni or
representative who executed this Band on behalf
of Surety to execate, seal and deliver such Bond
and bind the Surety thererN.
10. This Bond is intended to conform to all
applicable statutory requirements. Any
applicable requirement of any applicable statute
that has been omitted from this Bond shall be
deemed to be induded herein as if set forth at
length. If any provision of the Bond conflicts
with any applicable provision of any applicable
statute, then the provision of said statute shall
govern and the remainder of this Bond that is
not in conflict therewith shall continue in full
force and effect.
11. The term "bid" as used herein includes a
bid, offer or proposal as applicable.
EJCDC N0.1910-28-C (1990 Edition)
SECTION V-2
PERFOIZMANCE BOND
STATE OF TEXAS
COUNTY OF -
KNOW ALL MEN BY THESE PRESENTS: That
of the City of County of , and State of
as principal, and
authorized under the laws of the State of Texas to act as surety on bonds for principals,
are held and firmly bound unto
(Owner), in the penal sum of
Dollars ) for the payment whereof, the said Principal and Surety bind
themselves, and their heirs, administrators, executors, successors and assigns, jointly
and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner,
dated day of , 20 , to which contract is hereby referred to
and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if tlte
said Principal shall faithfully perform said Contract, and shall in all respects duly and
#aithfully observe and perform all and singular the covenants, condidons and
agreements in and by said contract agxeed and covenanted by the Principal to be
observed and performed, and according to the true ixttent and meaning of said Contract
anci the Plans and Specificatians hereto anrtexed, then this obligation shall be void;
othervvise, to remain in full force and effect;
PROVIDED, HOINEVER, that this bond is executed pursuant to the provisions of
Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be
determined in accordance with the provisions of said Arricle to the same extent as if it
were copied at length herein.
Surety, for value received, stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the contract, or to the work performed thereunder,
or the plans, specifications, or drawings accompanying the same, shall in anywise affect
its obligation on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the contxact or to the work tv be
performed thereunder.
SECTION V 3
PAYMENT BOND
STATE OF TEXAS
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS: That
of the City of
County of
and State of
as principal, and
authorized under the laws of Yhe State of Texas to act as surety on bonds #or principals,
are held and firmly bound unto
(Ovvner), un the penal sum of
Dollars ) for the payment whereof, the said Principal and Surety bind
themselves, and their heirs, administrators, executors, successors and assigns, jointl}'
and severally, by these presents:
wNF.REAS, the Principal has entered into a certain written contract with the Owner,
dated day of
20 , to which contract is hereby referred to
and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF 'I`HIa OBand matOer al So 1 m o,~' ~ at if the
sai d Principa l s h a l l p a y a l l c l a i m ant s s u p p l y i n g 1
su b contrac tor i n the prosecution of the work provided for in said contract, then, this
obligation shall be void; otherwise, to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is exe labilitis t on this bond shall be
Chapter 2253 of the Texas Government Code and alI
determined in accardance with the provisions of said Articie to the same extent as if it
were copied at length herein.
Surety, for value received, stipulates and agrees that-no change, extension of time,
alteration or addition to the terms of the contract, or to the work performed thereunder,
or the plans, specifications, or drawings accompanying the same, shall in anywise affect
its obligation on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the contract or to the work to be
performed thereunder.
SECTION V 5
IN WITNESS l^'HEREOF, the said Principal and Surety have signed and sealeci this
instrument this dav of ^ 120
(SEAL) (SEAL)
Principal Surety
By:
Title:
Address: _
Telephone:
By:
Title:
Address:
Telephone:
Name and address of the Resident Agency of Surety is:
File Number:
Countersignature of officer, director, principal or sharehalder of the Resident Agent of
Suretv:
Printed Name:
SECTION V-6
This document has important legal consequences; consultation with an attorney is encouraged with respect to its
use or modification. This document should be adapted to the particular circumstances of the contemplated
Project and the controlling Laws and Regulations.
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly by
ACEC
Amrxira\~ COr.at-uofl.venuKi.cCowanu:~ SKIii ~Yfi ♦ awro*rtr
Nationa/ Society of
A S., , -E ofAmerican Society Civil En ineers P~fessional Engineers
9 Pmlessfona/ Engineersln Private Practice
AMERICAN COUNCIL OF ENGINEERING COMPANIES
ASSOCIATED GENERAL CONTRACTORS OF AMERICA
AMERICAN SOCIETY OF CIVIL ENGINEERS
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A Practice Division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
Endorsed by
v
CONSTRUCTION SPECIFICATIONS INSTITUTE
EJCDC C-700 Standard General Conditions of the ConstrucHon Contract
Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
These General Conditions have been prepared for use with the Suggested Forms of Agreement Between
Owner and Contractor (EJCDC G520 or G525, 2007 Editions). Their provisions are interrelated and a
change in one may necessitate a change in the other. Comments concerning their usage are contained in the
Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in
the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions
(EJCDC C-800, 2007 Edition).
Copyright ~O 2007 National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314-2794
(703) 684-2882
www.nspe.or~
American Council of Engineering Companies
1015 15th Street N.W., Washington, DC 20005
(202) 347-7474
www.acec.org
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
(800) 548-2723
www.asce.org
Associated General Contractors of America
2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308
(703) 548-3118
www.agc•org
The copyright for this EJCDC document is owned jointly by the four
EJCDC sponsoring organizations and held in trust for their benefit by NSPE.
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright (D 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
5.09
Acceptance of Bonds and Insurance; Option to Replace
21
5.10
Partial Utilization, Acknowledgment of Property Insurer
22
Article 6- Contractor's Responsibilities
22
6.01
Supervision and Superintendence
..................................................22
6.02
Labor; Working Hours
..................................................22
6.03
Services, Materials, and Equipment
22
6.04
Progress Schedule
23
6.05
Substitutes and "Or-Equals"
23
6.06
Concerning Subcontractors, Suppliers, and Others ....................................................................25
6.07
Patent Fees and Royalties
..................................................27
6.08
Permits
..................................................27
6.09
Laws and Regulations
28
6.10
Taxes
...................................................28
6.11
Use of Site and Other Areas
28
6.12
Record Documents
29
6.13
Safety and Protection
29
6.14
Safety Representative
30
6.15
Hazard Communication Programs
...................................................30
6.16
Emergencies
30
6.17
Shop Drawings and Samples
31
6.18
Continuing the Work
32
6.19
Contractor's General Warranty and Guarantee
...................................................33
620
Indemnification
33
6.21
Delegation of Professional Design Services
34
Article 7-
Other Work at the Site
...................................................35
7.01
Related Work at Site
35
7.02
Coordination
...................................................35
7.03
Legal Relationships
...................................................36
Article 8-
Owner's Responsibilities
36
8.01
Communications to Contractor
36
8.02
Replacement of Engineer
....................................................36
8.03
Furnish Data
36
8.04
Pay When Due
....................................................36
8.05
Lands and Easements; Reports and Tests
....................................................36
8.06
Insurance
36
8.07
Change Orders
....................................................37
8.08
Inspections, Tests, and Approvals
37
8.09
Limitations on Owner's Responsibilities
37
8.10
Undisclosed Hazardous Environmental Condition
37
8.11
Evidence of Financial Arrangements
....................................................37
8.12
Compliance with Safety Program
37
Article 9-
Engineer's Status During Construction
37
9.01
Owner's Representative
37
EJCDC C-700 Standard General Conditions of the ConstrucHon Contract
Copyright @ 2007 NaHonal Society of Professional Engineers for EJCDC. All rights reserved.
Paee ii
9.02
Visits to Site
37
9.03
Project Representative
38
9.04
Authorized Variations in Work
38
9.05
Rejecting Defective Work
38
9.06
Shop Drawings, Change Orders and Payments
39
9.07
Determinations for Unit Price Work
39
9.08
Decisions on Requirements of Contract Documents and Acceptability of Work
39
9.09
Limitations on Engineer's Authority and Responsibilities
39
9.10
Compliance with Safety Program
40
Article 10 - Changes in the Work; Claims .....................................................................................................40
10.01 Authorized Changes in the Work ...............................................................................................40
10.02 Unauthorized Changes in the Work ............................................................................................41
10.03 Execution of Change Orders .......................................................................................................41
10.04 Notification to Surety ..................................................................................................................41
10.05 Claims ..........................................................................................................................................41
Article 11 - Cost of the Work; Allowances; Unit Price Work 42
11.01 Cost of the Work .........................................................................................................................42
11.02 Allowances 45
11.03 Unit Price Wark ..........................................................................................................................45
Article 12 - Change of Contract Price; Change of Contract Times ...............................................................46
12.01 Change of Contract Price 46
12.02 Change of Contract Times 47
12.03 Delays 47
Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work .......................48
13.01 Notice of Defects .........................................................................................................................48
13.02 Access to Work 48
13.03 Tests and Inspections ..................................................................................................................49
13.04 Uncovering Work ........................................................................................................................49
13.05 Owner May Stop the Work .........................................................................................................50
13.06 Correction or Removal of Defective Work 50
13.07 Correction Period 50
13.08 Acceptance of Defective Work 51
13.09 Owner May Correct Defective Work 52
Article 14 - Payments to Contractor and Completion 52
14.01 Schedule of Values ......................................................................................................................52
14.02 Progress Payments 52
14.03 Contractor's Warranty of Title 55
14.04 Substantial Completion ...............................................................................................................55
14.05 Partial Utilization 56
14.06 Final Inspection ...........................................................................................................................57
14.07 Final Payment ..............................................................................................................................57
14.08 Final Completion Delayed ..........................................................................................................58
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright C) 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Pase iii
14.09 Waiver of Claims
58
Article 15 - Suspension of Work and Termination
59
15.01 Owner May Suspend Work
59
15.02 Owner May Terminate for Cause
59
15.03 Owner May Terminate For Convenience
60
15.04 Contractor May Stop Work or Terminate
60
Article 16 - Dispute Resolution
61
61
16.01 Methods and Procedures
Article 17 - Miscellaneous
61
61
17.01 Giving Notice
62
17.02 Computation of Times
03 CumulativeRemedies
17
•••••••••••••••••••••••~•••••••~~~62
.
17.04 Survival of Obligations
62
17.05 Controlling Law
62
62
17.06 Headings
EJCDC C-700 Standard General CondiNons of the Construction Contract
Copyright (D 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Pa¢eiv
ARTICLE 1- DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial
capital letters, the terms listed below will have the meanings indicated which are applicable to
both the singular and plural thereof. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or forms.
1. Addenda-Written or graphic instruments issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement-The written instrument which is evidence of the agreement between Owner and
Contractor covering the Work.
3. Application for Payment-The form acceptable to Engineer which is to be used by Contractor
during the course of the Work in requesting progress or final payments and which is to be
accompanied by such supporting documentation as is required by the Contract Documents.
4. Asbestos-Any material that contains inore than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
5. Bid-The offer or proposal of a Bidder submitted on the prescribed form setting forth the
prices for the Work to be performed.
6. Bidder-The individual or entity who submits a Bid directly to Owner.
7. Bidding Documents-The Bidding Requirements and the proposed Contract Documents
(including all Addenda).
8. Bidding Requirements-The advertisement or invitation to bid, Instructions to Bidders, Bid
security of acceptable form, if any, and the Bid Form with any supplements.
9. Change Order A document recommended by Engineer which is signed by Contractor and
Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the
Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement.
10. Claim-A demand or assertion by Owner or Contractor seeking an adjustment of Contract
Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A
demand for money or services by a third party is not a Claim.
11. Contract-The entire and integrated written agreement between the Owner and Contractor
concerning the Work. The Contract supersedes prior negotiations, representations, or
agreements, whether written or oral.
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright (D 2007 NaNonal Society of Professional Engineers for EJCDC. All rights reserved.
Paae 1 of 62
12. Contract Documents-Those items so designated in the Agreement. Only printed or hard
copies of the items listed in the Agreement are Contract Documents. Approved Shop
Drawings, other Contractor submittals, and the reports and drawings of subsurface and
physical conditions are not Contract Documents.
13. Contract Price-The moneys payable by Owner to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the Ageement (subject to the
provisions of Paragraph 11.03 in the case of Unit Price Work).
14. Contract Times-The number of days or the dates stated in the Agreement to: (i) achieve
Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it
is ready for final payment as evidenced by Engineer's written recommendation of final
payment.
15. Contractor-The individual or entity with whom Owner has entered into the Agreement.
16. Cost of the Work-See Paragraph 11.01 for definition.
17. Drawings-That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.
18. Effective Date of the Agreement-The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
19. Engineer-The individual or entity named as such in the Agreement.
20. Field Order-A written order issued by Engineer which requires minor changes in the Work
but which does not involve a change in the Contract Price or the Contract Times.
21. General Reguirements-Sections of Division 1 of the Specifications.
22. Hazardous Environmental Condition-The presence at the Site of Asbestos, PCBs,
Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances
that may present a substantial danger to persons or property exposed thereto.
23. Hazardous Waste-The term Hazardous Waste shall have the meaning provided in Section
1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.
24. Laws and Regulations; Laws or Regulations-Any and all applicable laws, rules, regulations,
ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and
courts having jurisdiction.
25. Liens-Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
26. Milestone-A principal event specified in the Contract Documents relating to an intermediate
completion date or time prior to Substantial Completion of all the Work.
EJCDC C-700 Standard General Conditions of the ConstrucUon Contract
Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Paee 2 of 62
27. Notice of Award-The written notice by Owner to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the conditions precedent listed therein,
Owner will sign and deliver the Agreement.
28. Notice to Proceed-A written notice given by Owner to Contractor fixing the date on which
the Contract Times will commence to run and on which Contractor shall start to perform the
Work under the Contract Documents.
29. Owner-The individual or entity with whom Contractor has entered into the Agreement and
for whom the Work is to be performed.
30. PCBs-Polychlorinated biphenyls.
31. Petroleum-Petroleum, 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 Waste and crude oils.
32. Progress Schedule-A schedule, prepared and maintained by Contractor, describing the
sequence and duration of the activities comprising the Contractor's plan to accomplish the
Work within the Contract Times.
33. Project-The total construction of which the Work to be performed under the Contract
Documents may be the whole, or a part.
34. Project Manual-The bound documentary information prepared for bidding and constructing
the Work. A listing of the contents of the Project Manual, which may be bound in one or
more volumes, is contained in the table(s) of contents.
35. Radioactive Material-Source, special nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
36. Resident Project Representative-The authorized representative of Engineer who may be
assigned to the Site or any part thereof.
37. 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.
38. Schedule of Submittals-A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements to support scheduled performance of related
construction activities.
39. Schedule of Values-A schedule, prepared and maintained by Contractor, allocating portions
of the Contract Price to various portions of the Work and used as the basis for reviewing
Contractor's Applications for Payment.
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright C) 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Paee 3 of 62
40. Shop Drawings-All drawings, diagrams, illustrations, schedules, and other data or
information which are specifically prepared or assembled by or for Contractor and submitted
by Contractor to illustrate some portion of the Work.
41. Site-Lands or areas indicated in the Contract Documents as being furnished by Owner upon
which the Work is to be performed, including rights-of-way and easements for access thereto,
and such other lands furnished by Owner which are designated for the use of Contractor.
42. Specifications-That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and
certain administrative requirements and procedural matters applicable thereto.
43. Subcontractor-An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.
44. Substantial Completion-The time at which the Work (or a specified part thereo fl has
progressed to the point where, in the opinion of Engineer, the Work (or a specified part
thereo fl is sufficiently complete, in accordance with the Contract Documents, so that the
Work (or a specified part thereof) can be utilized for the purposes for which it is intended.
The terms "substantially complete" and "substantially completed" as applied to all or part of
the Work refer to Substantial Completion thereof.
45. Successful Bidder-The Bidder submitting a responsive Bid to whom Owner makes an
award.
46. Supplementary Conditions-That part of the Contract Documents which amends or
supplements these General Conditions.
47. Supplier-A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a
direct contract with Contractor or with any Subcontractor to furnish materials or equipment to
be incorporated in the Work by Contractor or Subcontractor.
48. Underground Facilities-All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements
containing such facilities, including those that convey electricity, gases, steam, liquid
petroleum products, telephone or other communications, cable television, water, wastewater,
storm water, other liquids or chemicals, or traffic or other control systems.
49. Unit Price Work-Work to be paid for on the basis of unit prices.
50. Work-The entire construction or the various separately identifiable parts thereof required to
be provided under the Contract Documents. Work includes and is the result of performing or
providing all labor, services, and documentation necessary to produce such construction, and
furnishing, installing, and incorporating all materials and equipment into such construction,
all as required by the Contract Documents.
51. Work Change Directive-A written statement to Contractor issued on or after the Effective
Date of the Agreement and signed by Owner and recommended by Engineer ordering an
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addition, deletion, or revision in the Work, or responding to differing or unforeseen
subsurface or physical conditions under which the Work is to be performed or to
emergencies. A Work Change Directive will not change the Contract Price or the Contract
Times but is evidence that the parties expect that the change ordered or documented by a
Work Change Directive 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.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.13 through F are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Intent of Certain Terms or Adjectives:
1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as
directed" or terms of like effect or import to authorize an exercise of professional judgment
by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper,"
"satisfactory," or adjectives of like effect ar import are used to describe an action or
determination of Engineer as to the Work. It is intended that such exercise of professional
judgment, action, or determination will be solely to evaluate, in general, the Work for
compliance with the information in the Contract Documents and with the design concept of
the Project as a functioning whole as shown or indicated in the Contract Documents (unless
there is a specific statement indicating otherwise). The use of any such term or adjective is
not intended to and shall not be effective to assign to Engineer any duty or authority to
supervise or direct the perfonnance of the Work, or any duty or authority to undertake
responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the
Contract Documents.
C. Day:
L The word "day" means a calendar day of 24 hours measured from midnight to the next
midnight.
D. Defective:
1. The word "defective," when modifying the word "Work," refers to Work that is
unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c. has been damaged prior to Engineer's recommendation of final payment (unless
responsibility for the protection thereof has been assumed by Owner at Substantial
Completion in accordance with Paragraph 14.04 or 14.05).
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E. Furnish, Install, Perform, Provide:
l. The word "furnish," when used in connection with services, materials, or equipment, shall
mean to supply and deliver said services, materials, or equipment to the Site (or some other
specified location) ready for use or installation and in usable or operable condition.
2. The word "install," when used in connection with services, materials, or equipment, shall
mean to put into use or place in final position said services, materials, or equipment complete
and ready for intended use.
3. The words "perform" or "provide," when used in connection with services, materials, or
equipment, shall mean to furnish and install said services, materials, or equipment complete
and ready for intended use.
4. When "furnish," "install," "perform," or "provide" is not used in connection with services,
materials, or equipment in a context clearly requiring an obligation of Contractor, "provide"
is implied.
F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
ARTICLE 2 - PRELIMINARY MATTERS
2.01 Delivery of Bonds and Evidence of Insurance
A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall
also deliver to Owner such bonds as Contractor may be required to furnish.
B. Evidence of Insurance: 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
Conditions, 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 Article 5.
2.02 Copies of Documents
A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project
Manual. Additional copies will be furnished upon request at the cost of reproduction.
2.03 Commencement of Contract Times; Notice to Proceed
A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the
Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A
Notice to Proceed may be given at any time within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times commence to run later than the sixtieth day after
the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever
date is earlier.
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2.04 Starting the Work
A. Contractor shall start to perform the Work on the date when the Contract Times commence to
run. No Work shall be done at the Site prior to the date on which the Contract Times commence
to run.
2.05 Before Starting Construction
A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless
otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely
review:
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. a preliminary Schedule of Submittals; and
a preliminary Schedule of Values for all of the Work which includes quantities and prices of
items which when added together equal the Contract Price and subdivides the Work into
coinponent parts in sufficient detail to serve as the basis for progress payments during
perfortnance of the Work. Such prices will include an appropriate amount of overhead and
profit applicable to each item of Work.
2.06 Preconstruction Conference; Designation of Authorized Representatives
A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer,
and others as appropriate will be held to establish a working understanding among the parties as
to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling
Shop Drawings and other submittals, processing Applications for Payment, and maintaining
required records.
B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to
act as its authorized representative with respect to the services and responsibilities under the
Contract. Such individuals shall have the authority to transmit instructions, receive infonnation,
render decisions relative to the Contract, and otherwise act on behalf of each respective party.
2.07 Initial Acceptance of Schedules
A. At least 10 days before submission of the first Application for Payment a conference attended by
Contractor, Engineer, and others as appropriate will be held to review for acceptability to
Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A.
Contractor shall have an additional 10 days to make corrections and adjustments and to complete
and resubmit the schedules. No progress payment shall be made to Contractor until acceptable
schedules are submitted to Engineer.
The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of
the Work to completion within the Contract Times. Such acceptance will not impose on
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Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of
the Work, nor interfere with or relieve Contractor from Contractor's full responsibility
therefor.
2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable
arrangement for reviewing and processing the required submittals.
3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it
provides a reasonable allocation of the Contract Price to component parts of the Work.
ARTICLE 3- CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what is required by one is as binding as if required
by all.
B. It is the intent of the Contract Documents to describe a functionally complete project (or part
thereo fl to be constructed in accordance with the Contract Documents. Any labor,
documentation, services, materials, or equipment that reasonably may be inferred from the
Contract Documents or from prevailing custom or trade usage as being required to produce the
indicated result will be provided whether or not specifically called for, at no additional cost to
Owner.
C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as
provided in Article 9.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
l. Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific or
by implication, shall mean the 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.
2. No provision of any such standard, specification, manual, or code, or any instruction of a
Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or
Engineer, or any of their subcontractors, consultants, agents, or employees, from those set
forth in the Contract Documents. No such provision or instruction shall be effective to assign
to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents,
consultants, or subcontractors, any duty or authority to supervise or direct the performance of
the Work or any duty or authority to undertake responsibility inconsistent with the provisions
of the Contract Documents.
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3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:
1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each
part of the Work, Contractor shall carefully study and compare the Contract Documents and
check and verify pertinent figures therein and all applicable field measurements. Contractor
shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy
which Contractor discovers, or has actual knowledge of, and shall obtain a written
interpretation or clarification from Engineer before proceeding with any Work affected
thereby.
2. Contractor's Review of Contract Documents During Performance of Work. If, during the
performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy
within the Contract Documents, or between the Contract Documents and (a) any applicable
Law or Regulation ,(b) any standard, specification, manual, or code, or (c) any instruction of
any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall
not proceed with the Work affected thereby (except in an emergency as required by Paragraph
6.16.A) until an amendment or supplement to the Contract Documents has been issued by
one of the methods indicated in Paragraph 3.04.
3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error,
ambiguity, or discrepancy in the Contract Documents unless Contractor had actual
knowledge thereof.
B. Resolving Discrepancies:
1. Except as may be otherwise specifically stated in the Contract Documents, 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:
a. the provisions of any standard, specification, manual, or code, or the instruction of any
Supplier (whether or not specifically incorporated by reference in the Contract
Documents); or
b. the provisions of any Laws or Regulations applicable to the performance of the Work
(unless such an interpretation of the provisions of the Contract Documents would result in
violation of such Law or Regulation).
3.04 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terms and conditions thereof by either a Change Order or a Work
Change Directive.
B. The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work may be authorized, by one or more of the following ways:
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1. A Field Order;
2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph
6.17.D.3); or
3. Engineer's written interpretation or clarification.
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereo fl prepared by or bearing the seal of Engineer or its
consultants, including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of Owner and Engineer and specific
written verification or adaptation by Engineer.
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or
Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are
limited to the printed copies (also known as hard copies). Files in electronic media fonnat of text,
data, graphics, or other types are furnished only for the convenience of the receiving party. Any
conclusion or information obtained or derived from such electronic files will be at the user's sole
risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies
govern.
B. Because data stored in electronic media format can deteriorate or be modified inadvertently or
otherwise without authorization of the data's creator, the party receiving electronic files agrees
that it will perform acceptance tests or procedures within 60 days, after which the receiving party
shall be deemed to have accepted the data thus transferred. Any enors detected within the 60-day
acceptance period will be corrected by the transferring pariy.
C. When transferring documents in electronic media format, the transferring party makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware differing
from those used by the data's creator.
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ARTICLE 4- AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01 Availability of Lands
A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions
not of general application but specifically related to use of the Site with which Contractor must
comply in performing the Work. Owner will obtain in a timely manner and pay for easements for
permanent structures or permanent changes in existing facilities. If Contractor and Owner are
unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the
Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site
or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05.
B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of
record legal title and legal description of the lands upon which the Work is to be performed and
Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction
lien against such lands in accordance with applicable Laws and Regulations.
C. Contractor shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
1. those reports known to Owner of explorations and tests of subsurface conditions at or
contiguous to the Site; and
2. those drawings known to Owner of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authorized.• Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of their officers, directors, members, partners,
employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences, and procedures of
construction to be employed by Contractor, and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions, and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions, or information.
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4.03 Differing Subsurface or Physical Conditions
A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or
revealed either:
l. is of such a nature as to establish that any "technical data" on which Contractor is entitled to
rely as provided in Paragraph 4.02 is materially inaccurate; or
2, is of such a nature as to require a change in the Contract Documents; or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
then Contractor shall, promptly after becoming aware thereof and before further disturbing the
subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such
condition. Contractor shall not further disturb such condition or perform any Work in connection
therewith (except as aforesaid) until receipt of written order to do so.
B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will
promptly review the pertinent condition, determine the necessity of Owner's obtaining additional
exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor)
of Engineer's findings and conclusions.
C. Possible Price and Times Adjustments:
1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent
that the existence of such differing subsurface or physical condition causes an increase or
decrease in Contractor's cost of, or time required for, performance of the Work; subject,
however, to the following:
a. such condition must ineet any one or more of the categories described in Paragaph
4.03.A; and
b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract
Price will be subject to the provisions of Paragraphs 9.07 and 11.03.
2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times i£
a. Contractor knew of the existence of such conditions at the time Contractor made a final
commitment to Owner with respect to Contract Price and Contract Times by the
submission of a Bid or becoming bound under a negotiated contract; or
b. the existence of such condition could reasonably have been discovered or revealed as a
result of any examination, investigation, exploration, test, or study of the Site and
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contiguous areas required by the Bidding Requirements or Contract Documents to be
conducted by or for Contractor prior to Contractor's making such final commitment; or
c. Contractor failed to give the written notice as required by Paragraph 4.03.A.
3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if
any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be
made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any
of their officers, directors, members, partners, employees, agents, consultants, or
subcontractors shall be liable to Contractor for any claims, costs, losses, or damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or anticipated project.
4.04 Underground Facilities
A. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the Site is based on
information and data furnished to Owner or Engineer by the owners of such Underground
Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the
Supplementary Conditions:
1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such
information or data provided by others; and
2. the cost of all of the following will be included in the Contract Price, and Contractor shall
have full responsibility for:
a. reviewing and checking all such information and data;
b. locating all Underground Facilities shown or indicated in the Contract Documents;
c. coordination of the Work with the owners of such Underground Facilities, including
Owner, during construction; and
d. the safety and protection of all such Underground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated:
1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was
not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract
Documents, Contractor shall, promptly after becoming aware thereof and before further
disturbing conditions affected thereby or performing any Work in connection therewith
(except in an emergency as required by Paragraph 6.16.A), identify the owner of such
Underground Facility and give written notice to that owner and to Owner and Engineer.
Engineer will promptly review the Underground Facility and determine the extent, if any, to
which a change is required in the Contract Documents to reflect and document the
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consequences of the existence or location of the Underground Facility. During such time,
Contractor shall be responsible for the safety and protection of such Underground Facility.
2. If Engineer concludes that a change in the Contract Documents is required, a Work Change
Directive or a Change Order will be issued to reflect and document such consequences. An
equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the
extent that they are attributable to the existence or location of any Underground Facility that
was not shown or indicated or not shown or indicated with reasonable accuracy in the
Contract Documents and that Contractor did not know of and could not reasonably have been
expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree
on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price
or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph
10.05.
4.05 Reference Points
A. Owner shall provide engineering surveys to establish reference points for construction which in
Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor
shall be responsible for laying out the Work, shall protect and preserve the established reference
points and property monuments, and shall make no changes or relocations without the prior
written approval of Owner. Contractor shall report to Engineer whenever any reference point or
properiy monument is lost or destroyed or requires relocation because of necessary changes in
grades or locations, and shall be responsible for the accurate replacement or relocation of such
reference points or property monuments by professionally qualified personnel.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings
known to Owner relating to Hazardous Environmental Conditions that have been identified at the
Site.
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of their officers, directors, members, partners,
employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences and procedures of
construction to be employed by Contractor and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions or information.
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C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work. Contractor shall be responsible
for a Hazardous Environmental Condition created with any materials brought to the Site by
Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.
D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall
immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with
such condition and in any area affected thereby (except in an emergency as required by Paragraph
6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in
writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to
retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly
after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to
timely obtain required permits and provide Contractar the written notice required by Paragraph
4.06.E.
E. Contractor shall not be required to resume Work in connection with such condition or in any
affected area until after Owner has obtained any required permits related thereto and delivered
written notice to Contractor: (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 on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or
both, as a result of such Work stoppage or such special conditions under which Work is agreed to
be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph
10.05.
F. If after receipt of such written notice Contractor does not agree to resume such Work based on a
reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then Owner may order the portion of the Work that is in the area affected by such
condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to
or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a
result of deleting such portion of the Work, then either party may make a Claim therefor as
provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by
Owner's own forces or others in accordance with Article 7.
G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold
harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members,
partners, employees, agents, consultants, and subcontractors of each and any of them from and
against all claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition,
provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the
Drawings or Specifications or identified in the Contract Documents to be included within the
scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is
responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual
or entity from and against the consequences of that individual's or entity's own negligence.
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H. To the fullest extent permitted by Laws and Regulations, Contractar shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents,
consultants, and subcontractors of each and any of them from and against all claims, costs, losses,
and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs) arising out of
or relating to a Hazardous Environmental Condition created by Contractor or by anyone for
whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to
indemnify any individual or entity from and against the consequences of that individual's or
entity's own negligence.
1. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5- BONDS AND INSURANCE
5.01 Performance, Payment, and Other Bonds
A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and payment of all of Contractor's
obligations under the Contract Documents. These bonds shall remain in effect until one year after
the date when final payment becomes due or until completion of the correction period specified
in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or
by the Contract Documents. Contractor shall also furnish such other bonds as are required by the
Contract Documents.
B. All bonds shall be in the form prescribed by the Contract Documents except as provided
otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list
of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed
by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's
authority to bind the surety. The evidence of authority shall show that it is effective on the date
the agent or attorney-in-fact signed each bond.
C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its
right to do business is terminated in any state where any part of the Project is located or it ceases
to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and
Engineer and shall, within 20 days after the event giving rise to such notification, provide another
bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and
5.02.
5.02 Licensed Sureties and Insurers
A. All bonds and insurance required by the Contract Documents to be purchased and maintained by
Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed
or authorized in the jurisdiction in which the Project is located to issue bonds or insurance
policies for the limits and coverages so required. Such surety and insurance companies shall also
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meet such additional requirements and qualifications as may be provided in the Supplementary
Conditions.
5.03 Certificates of Insurance
A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee
identified in the Supplementary 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.
B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee
identified in the Supplementary Conditions, certificates of insurance (and other evidence of
insurance requested by Contractor or any other additional insured) which Owner is required to
purchase and maintain.
C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance
with these insurance requirements or failure of Owner to identify a deficiency in compliance from
the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain
such insurance.
D. Owner does not represent that insurance coverage and limits established in this Contract
necessarily will be adequate to protect Contractor.
E. The insurance and insurance limits required herein shall not be deemed as a limitation on
Contractor's liabiliry under the indemnities granted to Owner in the Contract Documents.
5.04 Contractor's Insurance
A. Contractor shall purchase and maintain such insurance as is appropriate for the Wark being
performed and as will provide protection from claims set forth below which may arise out of or
result from Contractor's performance of the Work and Contractor's other obligations under the
Contract Documents, whether it is to be performed by Contractor, any Subcontractor ar Supplier,
or by anyone directly or indirectly employed by any of them to perform any of the Work, or by
anyone for whose acts any of them may be liable:
1. claims under workers' compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor's employees;
3. claims for damages because of bodily injury, sickness or disease, or death of any person other
than Contractor's employees;
4. claims for damages insured by reasonably available personal injury liability coverage which
are sustained:
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a. by any person as a result of an offense directly or indirectly related to the employment of
such person by Contractor, or
b. by any other person for any other reason;
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
6. claims for damages because of bodily injury or death of any person or property damage
arising out of the ownership, maintenance or use of any motor vehicle.
B. The policies of insurance required by this Paragraph 5.04 shall:
l. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be
written on an occurrence basis, include as additional insureds (subject to any customary
exclusion regarding professional liability) Owner and Engineer, and any other individuals or
entities identified in the Supplementary Conditions, all of whom shall be listed as additional
insureds, and include coverage for the respective officers, directors, members, partners,
employees, agents, consultants, and subcontractors of each and any of all such additional
insureds, and the insurance afforded to these additional insureds shall provide primary
coverage for all claims covered thereby;
2. include at least the specific coverages and be written for not less than the limits of liability
provided in the Supplementary Conditions or required by Laws or Regulations, whichever is
greater;
3. include contractual liability insurance covering Contractor's indemnity obligations under
Paragraphs 6.11 and 6.20;
4. contain a provision or endorsement that the coverage afforded will not be canceled, materially
changed or renewal refused until at least 30 days prior written notice has been given to Owner
and Contractor and to each other additional insured identified in the Supplementary
Conditions to whom a certificate of insurance has been issued (and the certificates of
insurance furnished by the Contractor pursuant to Paragaph 5.03 will so provide);
5. remain in effect at least until final payment and at all times thereafter when Contractor may
be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07;
and
6. include completed operations coverage:
a. Such insurance shall remain in effect for two years after final payment.
b. Contractor shall furnish Owner and each other additional insured identified in the
Supplementary Conditions, to whom a certificate of insurance has been issued, evidence
satisfactory to Owner and any such additional insured of continuation of such insurance at
final payment and one year thereafter.
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5.05 Owner's Liability Insurance
A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner,
at Owner's option, may purchase and maintain at Owner's expense Owner's own liability
insurance as will protect Owner against claims which may arise from operations under the
Contract Documents.
5.06 Property Insurance
A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain
property insurance upon the Work at the Site in the amount of the full replacement cost thereof
(subject to such deductible amounts as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other
individuals or entities identified in the Supplementary Conditions, and the officers, directors,
members, partners, employees, agents, consultants, and subcontractors of each and any of
them, each of whom is deemed to have an insurable interest and shall be listed as a loss
payee;
2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for
physical loss or damage to the Work, temporary buildings, falsework, and materials and
equipment in transit, and shall insure against at least the following perils or causes of loss:
fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake,
collapse, debris remo-ial, demolition occasioned by enforcement of Laws and Regulations,
water damage (other than that caused by flood), and such other perils or causes of loss as may
be specifically required by the Supplementary Conditions.
3. include expenses incurred in the repair or replacement of any insured property (including but
not limited to fees and charges of engineers and architects);
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 Application for Payment recommended by Engineer;
5. allow for partial utilization of the Work by Owner;
6. include testing and startup; and
7. be maintained in effect until final payment is made unless otherwise agreed to in writing by
Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to
whom a certificate of insurance has been issued.
B. Owner shall purchase and maintain such equipment breakdown insurance or additional property
insurance as may be required by the Supplementary Conditions or Laws and Regulations which
will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other
individuals or entities identified in the Supplementary Conditions; and the officers, directors,
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members, partners, employees, agents, consultants and subcontractors of each and any of them,
each of whom is deemed to have an insurable interest and shall be listed as a loss payee.
C. All the policies of insurance (and the certificates or other evidence thereo fl required to be
purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or
endorsement that the coverage afforded will not be canceled or materially changed or renewal
refused until at least 30 days prior written notice has been given to Owner and Contractor and to
each other loss payee to whom a certificate of insurance has been issued and will contain waiver
provisions in accordance with Paragraph 5.07.
D. Owner shall not be responsible for purchasing and maintaining any property insurance specified
in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work
to the extent of any deductible amounts that are identified in the Supplementary Conditions. The
risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors,
or others suffering any such loss, and if any of them wishes property inswance coverage within
the limits of such amounts, each may purchase and maintain it at the purchaser's own expense.
E. If Contractor requests in writing that other special insurance be included in the property insurance
policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and
the cost thereof will be charged to Contractor by appropriate Change Order. Prior to
commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not
such other insurance has been procured by Owner.
5.07 Waiver of Rights
A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will
protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities
identified in the Supplementary Conditions as loss payees (and the officers, directors, members,
partners, employees, agents, consultants, and subcontractors of each and any of them) in such
policies and will provide primary coverage for all losses and damages caused by the perils or
causes of loss covered thereby. All such policies shall contain provisions to the effect that in the
event of payment of any loss or damage the insurers will have no rights of recovery against any of
the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other
and their respective officers, directors, members, partners, employees, agents, consultants and
subcontractors of each and any of them for all losses and damages caused by, arising out of or
resulting from any of the perils or causes of loss covered by such policies and any other properiy
insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors
and Engineer, and all other individuals or entities identified in the Supplementary Conditions as
loss payees (and the officers, directors, members, partners, employees, agents, consultants, and
subcontractors of each and any of them) under such policies for losses and damages so caused.
None of the above waivers shall extend to the rights that any party making such waiver may have
to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so
issued.
B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers,
directors, members, partners, employees, agents, consultants and subcontractors of each and any
of them for:
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1. loss due to business interruption, loss of use, or other consequential loss extending beyond
direct physical loss or damage to Owner's property or the Work caused by, arising out of, or
resulting from fire or other perils whether or not insured by Owner; and
2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting
from fire or other insured peril or cause of loss covered by any property insurance maintained
on the completed Project or part thereof by Owner during partial utilization pwsuant to
Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final
payment pursuant to Paragraph 14.07.
C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss
referred to in Paragraph 5.07.13 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 Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners,
employees, agents, consultants and subcontractors of each and any of them.
5.08 Receipt and Application of Insurance Proceeds
A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with
Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear,
subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner
shall deposit in a separate account any money so received and shall distribute it in accordance
with such agreement as the parties in interest may reach. If no other special agreement is reached,
the damaged Work shall be repaired or replaced, the moneys so received applied on account
thereof, and the Work and the cost thereof covered by an appropriate Change Order.
B. 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 15 days after the occurrence of loss to
Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make
settlement with the insurers in accordance with such agreement as the parties in interest may
reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall
adjust and settle the loss with the insurers and, if required in writing by any pariy in interest,
Owner as fiduciary shall give bond for the proper perfortnance of such duties.
5.09 Acceptance of Bonds and Insurance; Option to Replace
A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of
the bonds ar insurance required to be purchased and maintained by the other party in accordance
with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party
shall so notify the other party in writing within 10 days after receipt of the certificates (or other
evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to
the other such additional information in respect of insurance provided as the other may
reasonably request. If either party does not purchase or maintain all of the bonds and insurance
required of such party by the Contract 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 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
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interests at the expense of the party who was required to provide such coverage, and a Change
Order shall be issued to adjust the Contract Price accordingly.
5.10 Partial Utilization, Acknowledgment of Property Insurer
A. If Owner fmds it necessary to occupy or use a portion or portions of the Work prior to Substantial
Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall
commence before the insurers providing the property insurance pursuant to Paragraph 5.06 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 properiy insurance shall not be canceled or permitted to lapse on
account of any such partial use or occupancy.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction. Contractor shall not be
responsible for the negligence of Owner or Engineer in the design or specification of a specific
means, method, technique, sequence, or procedure of construction which is shown or indicated in
and expressly required by the Contract Documents.
B. At all times during the progress of the Work, Contractor shall assign a competent resident
superintendent who shall not be replaced without written notice to Owner and Engineer except
under extraordinary circumstances.
6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work
and perform construction as required by the Contract Documents. Contractor shall at all times
maintain good discipline and order at the Site.
B. 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 stated in the Contract Documents, all Work at
the Site shall be performed during regular working hours. Contractor will not permit the
performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written
consent (which will not be unreasonably withheld) given after prior written notice to Engineer.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the performance, testing,
start-up, and completion of the Work.
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B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including
reports of required tests) as to the source, kind, and quality of materials and equipment.
C. All materials and equipment shall be stored, applied, installed, connected, erected, protected,
used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except
as otherwise may be provided in the Contract Documents.
6.04 Progress Schedule
A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07
as it may be adjusted from time to time as provided below.
Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07)
proposed adjustments in the Progress Schedule that will not result in changing the Contract
Times. Such adjustments will comply with any provisions of the General Requirements
applicable thereto.
2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be
submitted in accordance with the requirements of Article 12. Adjustments in Contract Times
may only be made by a Change Order.
6.05 Substitutes and "Or-Equals "
A. Whenever an item of material or equipment is specified or described in the Contract Docuinents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and quality required. Unless
the specification or description contains or is followed by words reading that no like, equivalent,
or "or-equal" item or no substitution is permitted, other items of material or equipment or
material or equipment of other Suppliers may be submitted to Engineer for review under the
circumstances described below.
"Or-Equal " Items: If in Engineer's sole discretion an item of material or equipment proposed
by Contractor is functionally equal to that named and sufficiently 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 approval of
proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named i£
a. in the exercise of reasonable judgment Engineer determines that:
1) it is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
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2) it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole; and
3) it has a proven record of performance and availability of responsive service.
b. Contractor certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the Owner or increase in Contract Times; and
2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
2. Substitute Items:
a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor
does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it will be considered a
proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow Engineer to
determine if the item of material or equipment proposed is essentially equivalent to that
named and an acceptable substitute therefor. Requests for review of proposed substitute
items of material or equipment will not be accepted by Engineer from anyone other than
Contractor.
c. The requirements for review by Engineer will be as set forth in Paragaph 6.05.A.2.d, as
supplemented by the General Requirements, and as Engineer may decide is appropriate
under the circumstances.
d. Contractor shall make written application to Engineer for review of a proposed substitute
item of material or equipment that Contractor seeks to furnish or use. The application:
1) shall certify that the proposed substitute item will:
a) perfortn adequately the functions and achieve the results called for by the general
design,
b) be similar in substance to that specified, and
c) be suited to the same use as that specified;
2) will state:
a) the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor's achievement of Substantial Completion on time,
b) whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with Owner for other work on the Project) to adapt the design to the proposed
substitute item, and
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c) whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty;
3) will identify:
a) all variations of the proposed substitute item from that specified, and
b) available engineering, sales, maintenance, repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and claims of
other contractors affected by any resulting change.
B. Substitute Construction Methods or Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly required by the Contract Documents,
Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure
of construction approved by Engineer. Contractor shall submit sufficient information to allow
Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to
that expressly called for by the Contract Documents. The requirements for review by Engineer
will be similar to those provided in Paragraph 6.05.A.2.
C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require
Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole
judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until
Engineer's review is coinplete, which will be evidenced by a Change Order in the case of a
substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in
writing of any negative determination.
D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any substitute.
E. Engineer's Cost Reinzbursement: Engineer will record Engineer's costs in evaluating a substitute
proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not
Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall
reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed
substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for
making changes in the Contract Documents (or in the provisions of any other direct contract with
Owner) resulting from the acceptance of each proposed substitute.
F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or
"or-equal" at Contractor's expense.
6.06 Concerning Subcontractors, Suppliers, and Others
A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including
those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a
replacement, against whom Owner may have reasonable objection. Contractor shall not be
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required to employ any Subcontractor, Supplier, or other individual or entity to furnish or
perform any of the Work against whom Contractor has reasonable objection.
B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other
individuals or entities to be submitted to Owner in advance for acceptance by Owner by a
specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list
thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing
or by failing to make written objection thereto by the date indicated for acceptance or objection in
the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other
individual or entity so identified may be revoked on the basis of reasonable objection after due
investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor,
Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in
the cost occasioned by such replacement, and an appropriate Change Order will be issued. No
acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether
initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject
defective Work.
C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the
Contract Documents:
1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity
any contractual relationship between Owner or Engineer and any such Subcontractor,
Supplier or other individual or entity; nor
2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of
any moneys due any such Subcontractor, Supplier, or other individual or entity except as may
otherwise be required by Laws and Regulations.
D. Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Wark under a direct or indirect contract with Contractor.
E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities
performing or furnishing any of the Work to communicate with Engineer through Contractor.
F. The divisions and sections of the Specifications and the identifications of any Drawings shall not
control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the
Work to be performed by any specific trade.
G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract
Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a
Subcontractor or Supplier who is listed as a loss payee on the properiy insurance provided in
Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will
contain provisions whereby the Subcontractor or Supplier waives all rights against Owner,
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Contractor, Engineer, and all other individuals or entities identified in the Supplementary
Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners,
employees, agents, consultants, and subcontractors of each and any of them) for all losses and
damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss
covered by such policies and any other property insurance applicable to the Work. If the insurers
on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier,
Contractor will obtain the same.
6.07 Patent Fees and Royalties
A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process,
product, or device which is the subject of patent rights or copyrights held by others. If a particular
invention, design, process, product, or device is specified in the Contract Documents for use in
the performance of the Wark and if, to the actual knowledge of Owner or Engineer, its use is
subject to patent rights or copyrights calling for the payment of any license fee or royalty to
others, the existence of such rights shall be disclosed by Owner in the Contract Documents.
B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold
harmless Contractor, and its officers, directors, inembers, partners, employees, agents,
consultants, and subcontractors from and against all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers, architects, attorneys, and other professionals,
and all court or arbitration or other dispute resolution costs) arising out of or relating to any
infringement of patent rights or copyrights incident to the use in the performance of the Work or
resulting from the incorparation in the Work of any invention, design, process, product, or device
specified in the Contract Documents, but not identified as being subject to payment of any license
fee or royalty to others required by patent rights or copyrights.
C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
hannless Owner and Engineer, and the officers, directors, members, partners, employees, agents,
consultants and subcontractors of each and any of them from and against all claims, costs, losses,
and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs) arising out of
or relating to any infringement of patent rights or copyrights incident to the use in the
performance of the Work or resulting from the incorporation in the Work of any invention,
design, process, product, or device not specified in the Contract Documents.
6.08 Permits
A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for
all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining
such pertnits and licenses. Contractor shall pay all governmental charges and inspection fees
necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or,
if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility
owners for connections for providing permanent service to the Work.
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6.09 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for
monitoring Contractor's compliance with any Laws or Regulations.
B. 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 (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor's responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor's obligations under Paragraph 3.03.
C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective
Date of the Agreement if there were no Bids) having an effect on the cost or time of performance
of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner
and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any
such adjustment, a Claim may be made therefor as provided in Paragraph 10.05.
6.10 Taxes
A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by
Contractor in accordance with the Laws and Regulations of the place of the Project which are
applicable during the performance of the Work.
6.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas:
1. Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
other materials or equipment. Contractor shall assume full responsibility for any damage to
any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. Should any claim be made by any such owner or occupant because of the performance of the
Work, Contractor shall promptly settle with such other party by negotiation or otherwise
resolve the claim by arbitration or other dispute resolution proceeding or at law.
3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees,
agents, consultants and subcontractors of each and any of them from and against all claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to any claim or action, legal or equitable, brought
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by any such owner or occupant against Owner, Engineer, or any other pariy indemnified
hereunder to the extent caused by or based upon Contractor's performance of the Work.
B. Removal of Debris During Performance of the Work.• During the progress of the Work
Contractor shall keep the Site and other areas free from accumulations of waste materials,
rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the
Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall
remove from the Site all tools, appliances, construction equipment and machinery, and surplus
materials and shall restore to original condition all property not designated for alteration by the
Contract Documents.
D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in
any manner that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
6.12 Record Documents
A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings,
Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written
interpretations and clarifications in good order and annotated to show changes made during
construction. These record documents together with all approved Samples and a counterpart of
all approved Shop Drawings will be available to Engineer for reference. Upon completion of the
Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for
Owner.
6.13 Safety and Protection
A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall
take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporated therein, whether in storage on or
off the Site; and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and Underground Facilities not designated for
removal, relocation, or replacement in the course of construction.
B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss; and
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shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection,
removal, relocation, and replacement of their property.
C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any.
The Supplementary Conditions identify any Owner's safety programs that are applicable to the
Work.
D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety
program with which Owner's and Engineer's employees and representatives must comply while
at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused,
directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other
individual or entity directly or indirectly employed by any of them to perform any of the Work, or
anyone for whose acts any of them may be liable, shall be remedied by Contractor (except
damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions
of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them
may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or
negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or
indirectly employed by any of them).
F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and Engineer has issued a notice to Owner and
Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as
otherwise expressly provided in connection with Substantial Completion).
6,14 Safety Representative
A. Contractor shall designate a qualified and experienced safety representative at the Site whose
duties and responsibilities shall be the prevention of accidents and the maintaining and
supervising of safety precautions and programs.
6.15 Hazard Communication Programs
A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or
other hazard communication information required to be made available to or exchanged between
or among employers at the Site in accordance with Laws or Regulations.
6.16 Emergencies
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.
Contractor 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 or are
required as a result thereo£ If Engineer determines that a change in the Contract Documents is
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required because of the action taken by Contractor in response to such an emergency, a Wark
Change Directive or Change Order will be issued.
6.17
Shop Drawings and Samples
A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in
accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each
submittal will be identified as Engineer may require.
1. Shop Drawings:
a. Submit number of copies specified in the General Requirements.
b. Data shown on the Shop Drawings will be complete with respect to quantities,
dimensions, specified performance and design criteria, materials, and similar data to show
Engineer the services, materials, and equipment Contractor proposes to provide and to
enable Engineer to review the information for the limited purposes required by Paragraph
6.17.D.
2. Samples:
a. Submit number of Samples specified in the Specifications.
b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog
numbers, the use for which intended and other data as Engineer may require to enable
Engineer to review the subinittal for the limited purposes required by Paragraph 6.17.D.
B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of
Submittals, any related Work perfonned prior to Engineer's review and approval of the pertinent
submittal will be at the sole expense and responsibility of Contractor.
C. Submittal Procedures:
1. Before submitting each Shop Drawing or Sample, Contractor shall have:
a. 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;
b. detertnined and verified all field measurements, quantities, dimensions, specified
performance and design criteria, installation requirements, materials, catalog numbers,
and similar information with respect thereto;
c. determined and verified the suitability of all materials offered with respect to the
indicated application, fabrication, shipping, handling, storage, assembly, and installation
pertaining to the performance of the Work; and
d. determined and verified all information
means, methods, techniques, sequences,
precautions and programs incident thereto.
relative to Contractor's responsibilities for
and procedures of construction, and safety
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2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied
Contractor's obligations under the Contract Documents with respect to Contractor's review
and approval of that submittal.
3. With each submittal, Contractor shall give Engineer specific written notice of any variations
that the Shop Drawing or Sample may have from the requirements of the Contract
Documents. This notice shall be both a written communication separate from the Shop
Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop
Drawing or Sample submitted to Engineer for review and approval of each such variation.
D. Engineer's Review:
1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the
Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only
to determine if the items covered by the submittals will, after installation or incorporation in
the Work, conform to the information given in the Contract Documents and be compatible
with the design concept of the completed Project as a functioning whole as indicated by the
Contract Documents.
2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence, or
procedure of construction is specifically and expressly called for by the Contract Documents)
or to safety precautions or programs incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in which the item functions.
3. Engineer's review and approval shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each
such variation by specific written notation thereof incorporated in or accompanying the Shop
Drawing or Sample. Engineer's review and approval shall not relieve Contractor from
responsibility for complying with the requirements of Paragraph 6.17.C.1.
E. Resubmittal Procedures:
l. Contractor shall make corrections required by Engineer and shall return the required number
of corrected copies of Shop Drawings and submit, as required, new Samples for review and
approval. Contractor shall direct specific attention in writing to revisions other than the
corrections called for by Engineer on previous submittals.
6.18 Continuing the Work
A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or
disagreements with Owner. No Work shall be delayed or postponed pending resolution of any
disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor
may otherwise agree in writing.
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6.19 Contractor's General Warranty and Guarantee
A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the
Contract Documents and will not be defective. Engineer and its officers, directors, inembers,
partners, employees, agents, consultants, and subcontractors shall be entitled to rely on
representation of Contractor's warranry and guarantee.
B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by:
l. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and complete the Wark in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents or a release of Contractor's obligation to perform
the Work in accordance with the Contract Documents:
1. observations by Engineer;
2. recommendation by Engineer or payment by Owner of any progress or final payment;
3. the issuance of a certificate of Substantial Completion by Engineer or any payment related
thereto by Owner;
4. use or occupancy of the Work or any part thereof by Owner;
5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice
of acceptability by Engineer;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by Owner.
6.20 Indemnification
A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents,
consultants and subcontractors of each and any of them from and against all claims, costs, losses,
and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs) arising out of
or relating to the performance of the Work, provided that 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 itself), including the loss of use resulting therefrom but only to the
extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or
any individual or entity directly or indirectly employed by any of them to perform any of the
Work or anyone for whose acts any of them may be liable .
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B. In any and all claims against Owner or Engineer or any of their officers, directors, members,
partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or
personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any
individual or entity directly or indirectly employed by any of them to perform any of the Work, or
anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph
6.20.A 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 individual or entity under workers' compensation acts, disability benefit acts, or other
employee benefit acts.
C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the
liability of Engineer and Engineer's officers, directors, members, partners, employees, agents,
consultants and subcontractors arising out of:
1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions,
reports, surveys, Change Orders, designs, or Specifications; or
2. giving directions or instructions, or failing to give them, if that is the primary cause of the
injury or damage.
6.21 Delegation of Professional Design Services
A. Contractor will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such services
are required to carry out Contractor's responsibilities for construction means, methods,
techniques, sequences and procedures. Contractor shall not be required to provide professional
services in violation of applicable law.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents, Owner
and Engineer will specify all performance and design criteria that such services must satisfy.
Contractor shall cause such services or certifications to be provided by a properly licensed
professional, whose signature and seal shall appear on all drawings, calculations, specifications,
certifications, Shop Drawings and other submittals prepared by such professional. Shop
Drawings and other submittals related to the Work designed or certified by such professional, if
prepared by others, shall bear such professional's written approval when submitted to Engineer.
C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of
the services, certifications or approvals performed by such design professionals, provided Owner
and Engineer have specified to Contractor all performance and design criteria that such services
must satisfy.
D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and
design drawings will be only for the limited purpose of checking for conformance with
performance and design criteria given and the design concept expressed in the Contract
Documents. Engineer's review and approval of Shop Drawings and other submittals (except
design calculations and design drawings) will be only for the purpose stated in Paragaph
6.17.D.1.
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E. Contractor shall not be responsible for the adequacy of the performance or design criteria
required by the Contract Documents.
ARTICLE 7- OTHER WORK AT THE SITE
7.01 Related Work at Site
A. Owner may perform other work related to the Project at the Site with Owner's employees, or
through other direct contracts therefor, ar have other work performed by utility owners. If such
other work is not noted in the Contract Documents, then:
1. written notice thereof will be given to Contractor prior to starting any such other work; and
2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if
any, of any adjustment in the Contract Price or Contract Times that should be allowed as a
result of such other work, a Claim may be made therefor as provided in Paragraph 10.05.
B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility
owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe
access to the Site, provide a reasonable opporiunity for the introduction and storage of materials
and equipment and the execution of such other work, and properly coordinate the Work with
theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to
properly connect or otherwise make its several parts come together and properly integrate with
such other work. Contractor shall not endanger any work of others by cutting, excavating, or
otherwise altering such work; provided, however, that Contractor may cut or alter others' work
with the written consent of Engineer and the others whose work will be affected. The duties and
responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable provisions for the benefit of Contractor
in said direct contracts between Owner and such utility owners and other contractors.
C. If the proper execution or results of any part of Contractor's Work depends upon work performed
by others under this Article 7, Contractor shall inspect such other work and promptly report to
Engineer in writing any delays, defects, or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's
failure to so report will constitute an acceptance of such other work as fit and proper for
integration with Contractor's Work except for latent defects and deficiencies in such other work.
7.02 Coordination
A. If Owner intends to contract with others for the performance of other work on the Project at the
Site, the following will be set forth in Supplementary Conditions:
the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
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B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and
responsibility for such coordination.
7.03 Legal Relationships
A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner.
B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other
contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs
incurred by Contractor as a result of the other contractor's wrongful actions or inactions.
C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for
the reasonable direct delay and disruption costs incurred by such other contractor as a result of
Contractor's wrongful action or inactions.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these General Conditions, Owner shall issue all communications
to Contractor through Engineer.
8.02 Replacement of Engineer
A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom
Contractor makes no reasonable objection, whose status under the Contract Documents shall be
that of the former Engineer.
8.03 Furnish Data
A. Owner shall promptly furnish the data required of Owner under the Contract Documents.
8.04 Pay When Due
A. Owner shall make paytnents to Contractor when they are due as provided in Paragraphs 14A2.C
and 14.07.C.
8.05 Lands and Easements; Reports and Tests
A. Owner's duties with respect to providing lands and easements and providing engineering surveys
to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to
Owner's identifying and making available to Contractor copies of reports of explorations and
tests of subsurface conditions and drawings of physical conditions relating to existing surface or
subswrface structures at the Site.
8.06 Insurance
A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property
insurance are set forth in Article 5.
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8.07 Change Orders
A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in
Paragraph 13.03.B.
8.09 Limitations on Owner's Responsibilities
A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. Owner will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
8.10 Undisclosed Hazardous Environmental Condition
A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set
forth in Paragraph 4.06.
8.11 Evidence of Financial Arrangements
A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial
arrangements have been made to satisfy Owner's obligations under the Contract Documents.
8.12 Compliance with Safety Program
A. While at the Site, Owner's employees and representatives shall comply with the specific
applicable requirements of Contractor's safety programs of which Owner has been informed
pursuant to Paragraph 6.13.D.
ARTICLE 9- ENGINEER'S STATUS DURING CONSTRUCTION
9.01 Owner's Representative
A. Engineer will be Owner's representative during the construction period. The duties and
responsibilities and the limitations of authority of Engineer as Owner's representative during
construction are set forth in the Contract Documents.
9.02 Visits to Site
A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction
as Engineer deems necessary in order to observe as an experienced and qualified design
professional the progress that has been made and the quality of the various aspects of
Contractor's executed Work. Based on information obtained during such visits and observations,
Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in
accordance with the Contract Documents. Engineer will not be required to make exhaustive or
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continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts
will be directed toward providing for Owner a greater degree of confidence that the completed
Work will conform generally to the Contract Documents. On the basis of such visits and
observations, Engineer will keep Owner informed of the progress of the Work and will endeavor
to guard Owner against defective Work.
B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and
responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result
of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct,
control, or have authority over or be responsible for Contractor's means, methods, techniques,
sequences, or procedures of construction, or the safety precautions and programs incident thereto,
or for any failure of Contractor to comply with Laws and Regulations applicable to the
performance of the Work.
9.03 Project Representative
A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist
Engineer in providing more extensive observation of the Work. The authority and responsibilities
of any such Resident Project Representative and assistants will be as provided in the
Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in
Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the
Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and
limitations thereon of such other individual or entity will be as provided in the Supplementary
Conditions.
9.04 Authorized Variations in Work
A. Engineer may authorize minor variations in the Work from the requirements of the Contract
Documents which do not involve an adjustment in the Contract Price or the Contract Times and
are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on Owner and also on Contractor, who shall perform the Work involved promptly. If
Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or
Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or
extent, if any, of any such adjustment, a Claim may be made therefor as provided in
Paragraph 10.05.
9.05 Rejecting Defective Work
A. Engineer will have authority to reject Work which Engineer believes to be defective, or that
Engineer believes will not produce a completed Project that conforms to the Contract Documents
or that will prejudice the integrity of the design concept of the completed Project as a functioning
whole as indicated by the Contract Documents. Engineer will also have authority to require
special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the
Work is fabricated, installed, or completed.
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9.06 Shop Drawings, Change Orders and Payments
A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and
Samples, see Paragraph 6.17.
B. In connection with Engineer's authority, and limitations thereof, as to design calculations and
design drawings submitted in response to a delegation of professional design services, if any, see
Paragraph 6.21.
C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12.
D. In connection with Engineer's authority as to Applications for Payment, see Article 14.
9.07 Determinations for Unit Price Work
A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by
Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on
such matters before rendering a written decision thereon (by recommendation of an Application
for Payment or otherwise). Engineer's written decision thereon will be final and binding (except
as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner
and Contractor, subject to the provisions of Paragraph 10.05.
9.08 Decisions on Requirements of Contract Documents and Acceptability of Work
A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge
of the acceptability of the Work thereunder. All matters in question and other matters between
Owner and Contractor arising prior to the date final payment is due relating to the acceptability of
the Work, and the interpretation of the requireinents of the Contract Documents pertaining to the
performance of the Work, will be referred initially to Engineer in writing within 30 days of the
event giving rise to the question.
B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If
Owner or Contractor believes that any such decision entitles them to an adjustrnent in the
Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date
of Engineer's decision shall be the date of the event giving rise to the issues referenced for the
purposes of Paragraph 10.05.B.
C. Engineer's written decision on the issue referred will be final and binding on Owner and
Contractor, subject to the provisions of Paragraph 10.05.
D. When functioning as interpreter and judge under this Paragraph 9.08, 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.
9.09 Limitations on Engineer's Authority and Responsibilities
A. Neither Engineer's authority or responsibility 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
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or not exercise such authority or responsibility or the undertaking, exercise, or performance of
any authority or responsibility by Engineer shall create, impose, or give rise to any duty in
contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier,
any other individual or entity, or to any surety for or employee or agent of any of them.
B. Engineer will not supervise, direct, control, or have authority over or be responsible for
Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. Engineer will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor,
any Supplier, or of any other individual or entity performing any of the Work.
D. Engineer's review of the final Application for Payment and accompanying documentation and all
maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection,
tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will
only be to determine generally that their content complies with the requirements of, and in the
case of certificates of inspections, tests, and approvals that the results certified indicate
compliance with, the Contract Documents.
E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply
to the Resident Project Representative, if any, and assistants, if any.
9.10 Compliance with Safety Program
A. While at the Site, Engineer's employees and representatives shall comply with the specific
applicable requirements of Contractor's safety programs of which Engineer has been informed
pursuant to Paragraph 6.13.D.
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or
from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a
Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed
with the Work involved which will be perfortned under the applicable conditions of the Contract
Documents (except as otherwise specifically provided).
B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any,
of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a
result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph
10.05.
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10.02 Unauthorized Changes in the Work
A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the
Contract Times with respect to any work performed that is not required by the Contract
Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the
case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as
provided in Paragraph 13.04.D.
10.03 Execution of Change Orders
A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer
covenng:
1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii)
required because of acceptance of defective Work under Paragraph 13.08.A or Owner's
correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties;
2. changes in the Contract Price or Contract Times which are agreed to by the parties, including
any undisputed sum or amount of time for Work actually performed in accordance with a
Work Change Directive; and
3. changes in the Contract Price ar Contract Times which embody the substance of any written
decision rendered by Engineer pursuant to Paragaph 10.05; provided that, in lieu of
executing any such Change Order, an appeal may be taken from any such decision in
accordance with the provisions of the Contract Documents and applicable Laws and
Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the
Progress Schedule as provided in Paragraph 6.18.A.
10.04 Notification to Surety
A. If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not
limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's
responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any
such change.
10.05 Claims
A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09,
shall be referred to the Engineer for decision. A decision by Engineer shall be required as a
condition precedent to any exercise by Owner or Contractor of any rights or remedies either may
otherwise have under the Contract Documents or by Laws and Regulations in respect of such
Claims.
B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant
to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after
the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with
the party making the Claim. Notice of the amount or extent of the Claim, with supporting data
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shall be delivered to the Engineer and the other party to the Contract within 60 days after the start
of such event (unless Engineer allows additional time for claimant to submit additional or more
accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be
prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in
Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each
Claim shall be accompanied by claimant's written statement that the adjustment claimed is the
entire adjustment to which the claimant believes it is entitled as a result of said event. The
opposing party shall submit any response to Engineer and the claimant within 30 days after
receipt of the claimant's last submittal (unless Engineer allows additional time).
C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last
submittal of the claimant or the last submittal of the opposing party, if any, take one of the
following actions in writing:
1. deny the Claim in whole or in part;
2, approve the Claim; or
3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole
discretion, it would be inappropriate for the Engineer to do so. For purposes of further
resolution of the Claim, such notice shall be deemed a denial.
D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be
deemed denied.
E. Engineer's written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or
10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor
invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or
denial.
F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in
accordance with this Paragraph 10.05.
ARTICLE 11- COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in
Paragraph 11.013, necessarily incurred and paid by Contractor in the proper performance of the
Work. When 'the value of any Work covered by a Change Order or when a Claim for an
adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be
reimbwsed to Contractor will be only those additional or incremental costs required because of
the change in the Work or because of the event giving rise to the Claim. Except as otherwise may
be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing
in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.0 1.B, and
shall include only the following items:
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Payroll costs for employees in the direct employ of Contractor in the performance of the
Work under schedules of job classifications agreed upon by Owner and Contractor. Such
employees shall include, without limitation, superintendents, foremen, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on the
Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall
include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall
include social security contributions, unemployment, excise, and payroll taxes, workers'
compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay
applicable thereto. The expenses of performing Work outside of regular working hours, on
Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by
Owner.
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers' field services required in connection
therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with
Contractor with which to make payments, in which case the cash discounts shall accrue to
Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and
equipment shall accrue to Owner, and Contractor shall make provisions so that they may be
obtained.
3. Payments made by Contractor to Subcontractors for Wark performed by Subcontractors. If
required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable
to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with
the advice of Engineer, which bids, if any, will be acceptable. 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 this Paragraph 11.01.
4. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed for services specifically related
to the Work.
5. Supplemental costs including the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
Contractor's employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facilities at the Site, and hand tools not
owned by the workers, which are consumed in the performance of the Work, and cost,
less market value, of such items used but not consumed which remain the property of
Contractor.
c. Rentals of all construction equipment and machinery, and the parts thereof whether rented
from Contractor or others in accordance with rental agreements approved by Owner with
the advice of Engineer, and the costs of transportation, loading, unloading, assembly,
dismantling, and removal thereof. All such costs shall be in accordance with the terms of
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said rental agreements. The rental of any such equipment, machinery, or parts shall cease
when the use thereof is no longer necessary for the Work.
d. Sales, consumer, use, and other similar taxes related to the Work, and for which
Contractor is liable, as imposed by L,aws and Regulations.
e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts any of them may
be liable, and royalty payments and fees for perrnits and licenses.
£ Losses and damages (and related expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained by Contractor in connection with the
performance of the Work (except losses and damages within the deductible amounts of
property insurance established in accordance with Paragraph 5.06.D), provided such
losses and damages have resulted from causes other than the negligence of Contractor,
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 settlements made with the
written consent and approval of Owner. No such losses, damages, and expenses shall be
included in the Cost of the Work for the purpose of determining Contractor's fee.
g. The cost of utilities, fuel, and sanitary facilities at the Site.
h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the
Site, express and courier services, and similar petty cash items in connection with the
Work.
i. The costs of premiums for all bonds and insurance Contractor is required by the Contract
Documents to purchase and maintain.
B. Costs Excluded.• The term Cost of the Work shall not include any of the following items:
l. Payroll costs and other compensation of Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the
Site or in Contractor's principal or branch office for general administration of the Work and
not specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 11.0 1.A.1 or specifically covered by Paragaph 11.0 1.A.4, all of which are to be
considered administrative costs covered by the Contractor's fee.
2. Expenses of Contractor's principal and branch offices other than Contractor's office at the
Site.
3, Any part of Contractor's capital expenses, including interest on Contractor's capital
employed for the Work and charges against Contractor for delinquent payments.
4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not
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limited to, the correction of defective Work, disposal of materials or equipment wrongly
supplied, and making good any damage to property.
5. Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraphs 11.01.A.
C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee
shall be determined as set forth in the Agreement. When the value of any Work covered by a
Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of
Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12A1.C.
D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to
Paragraphs 11.O1.A and 11.01.B, Contractor will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form acceptable to
Engineer an itemized cost breakdown together with supporting data.
11.02 Allowances
A. It is understood that Contractor has included in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered to be performed for such sums and by
such persons ar entities as may be acceptable to Owner and Engineer.
B. Cash Allowances:
1. Contractor agrees that:
a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of
materials and equipinent required by the allowances to be delivered at the Site, and all
applicable taxes; and
b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead,
profit, and other expenses contemplated for the cash allowances have been included in the
Contract Price and not in the allowances, and no demand for additional pa}nnent on
account of any of the foregoing will be valid.
C. Contingency Allowance:
1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover
unanticipated costs.
D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer
to reflect actual amounts due Contractor on account of Work covered by allowances, and the
Contract Price shall be correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
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the sum of the unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Price. Determinations of the
actual quantities and classifications of Unit Price Work performed by Contractor will be made by
Engineer subject to the provisions of Paragraph 9.07.
C. 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 separately identified item.
D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance
with Paragraph 10.05 if:
1. the quantity of any item of Unit Price Work performed by Contractor differs materially and
significantly from the estimated quantity of such item indicated in the Agreement; and
2. there is no corresponding adjustment with respect to any other item of Work; and
Contractor believes that Contractor is entitled to an increase in Contract Price as a result of
having incurred additional expense or Owner believes that Owner is entitled to a decrease in
Contract Price and the parties are unable to agree as to the amount of any such increase or
decrease.
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES
12.01 Change of Contract Price
A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the
Contract Price shall be based on written notice submitted by the party making the Claim to the
Engineer and the other party to the Contract in accordance with the provisions of Paragraph
10.05.
B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the
Contract Price will be determined as follows:
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 Paragraph 11.03); or
2. where the Work involved is not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum (which may include an allowance for overhead and profit not
necessarily in accordance with Paragraph 12.01.C.2); or
3. where the Wark involved is not covered by unit prices contained in the Contract Documents
and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the
Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for
overhead and profit (determined as provided in Paragraph 12.01.C).
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C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows:
1. a mutually acceptable fixed fee; or
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:
a. for costs incurred under Paragraphs 11.0 l.A.I and 11.0 1.A.2, the Contractor's fee shall
be 15 percent;
b. for costs incurred under Paragraph 11.O1.A.3, the Contractor's fee shall be five percent;
c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee
and no fixed fee is agreed upon, the intent of Paragaphs 12.01.C.2.a and 12.01.C.2.b is
that the Subcontractor who actually performs the Work, at whatever tier, will be paid a
fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1
and 1 1.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a
fee of five percent of the amount paid to the next lower tier Subcontractor;
d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.O1.A.4,
11.O1.A.5, and 11.O1.B;
e. the amount of credit to be allowed by Contractor to Owner for any change which results
in a net decrease in cost will be the amount of the actual net decrease in cost plus a
deduction in Contractor's fee by an amount equal to five percent of such net decrease;
and
f. when both additions and credits are involved in any one change, the adjustment in
Contractor's fee shall be computed on the basis of the net change in accordance with
Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive.
12.02 Change of Contract Times
A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in
the Contract Times shall be based on written notice submitted by the party making the Claim to
the Engineer and the other pariy to the Contract in accordance with the provisions of Paragraph
10.05.
B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an
adjustment in the Contract Times will be determined in accordance with the provisions of this
Article 12.
12.03 Delays
A. Where Contractor is prevented from completing any part of the Work within the Contract Times
due to delay beyond the control of Contractor, the Contract Times will be extended in an amount
equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph
12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or
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neglect by Owner, acts or neglect of utility owners or other contractors performing other work as
contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.
B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as
contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or
interferes with the performance or progress of the Work, then Contractor shall be entitled to an
equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's
entitlement to an adjustment of the Contract Times is conditioned on such adjustment being
essential to Contractor's ability to complete the Work within the Contract Times.
C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic,
abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the
control of Owner, or other causes not the fault of and beyond control of Owner and Contractor,
then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment
is essential to Contractor's ability to complete the Work within the Contract Times. Such an
adjustment shall be Contractor's sole and exclusive remedy for the delays described in this
Paragraph 12.03.C.
D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants,
or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor
on or in connection with any other project or anticipated project.
E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays
within the control of Contractor. Delays attributable to and within the control of a Subcontractor
or Supplier shall be deemed to be delays within the control of Contractor.
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be
given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this
Article 13.
13.02 Access to Work
A. Owner, Engineer, their consultants and other representatives and personnel of Owner,
independent testing laboratories, and governmental agencies with jurisdictional interests will
have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. Contractor shall provide them proper and safe conditions for such access and advise them
of Contractor's safety procedures and programs so that they may comply therewith as applicable.
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13.03 Tests and Inspections
A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. 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:
1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.1) below;
2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph
13.04.B shall be paid as provided in Paragraph 13.04.C; and
3. as otherwise specifically provided in the Contract Documents.
C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereo fl
specifically to be inspected, tested, or approved by an employee or other representative of such
public body, Contractor shall assume full responsibility for arranging and obtaining such
inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the
required certificates of inspection or approval.
D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection
with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of
materials or equipment to be incorparated in the Work; or acceptance of materials, mix designs,
or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in
the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to
Owner and Engineer.
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer,
uncover such Work for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless
Contractar has given Engineer timely notice of Contractor's intention to cover the same and
Engineer has not acted with reasonable promptness in response to such notice.
13.04 Uncovering Work
A. If any Work is covered contrary to the written request of Engineer, it must, if requested by
Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense.
B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or
inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or
otherwise make available for observation, inspection, or testing as Engineer may require, that
portion of the Work in question, furnishing all necessary labor, material, and equipment.
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C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses,
and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs) arising out of
or relating to 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. If
the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as
provided in Paragraph 10.05.
D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the
Contract Price or an extension of the Contract Times, or both, directly attributable to such
uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the
parties are unable to agee as to the amount or extent thereof, Contractor may make a Claim
therefor as provided in Paragraph 10.05.
13.05 Owner May Stop the Work
A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to 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 shall not give rise to any duty on the part of Owner to exercise this right for the
benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any
surety for, or employee or agent of any of them.
13.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or
not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it
from the Project and replace it with Work that is not defective. Contractor shall pay all claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such correction or removal (including but not limited
to all costs of repair or replacement of work of others).
B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action that would void or otherwise impair Owner's special warranty and
guarantee, if any, on said Work.
13.07 Correction Period
A. If within one year after the date of Substantial Completion (or such longer period of time as may
be prescribed by the terms of any applicable special guarantee required by the Contract
Documents) or by any specific provision of the Contract Documents, any Work is found to be
defective, or if the repair of any damages to the land or areas made available for Contractor's use
by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to
be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's
written instructions:
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1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by Owner, remove it from the Project and replace it
with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an
emergency where delay would cause serious risk of loss or damage, Owner may have the
defective Work corrected or repaired or may have the rejected Work removed and replaced. All
claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such correction or repair or such removal and
replacement (including but not limited to all costs of repair or replacement of work of others) will
be paid by Contractor.
C. In special circumstances where a particular item of equipment is placed in continuous service
before Substantial 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.
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to
such Work will be extended for an additional period of one year after such correction or removal
and replacement has been satisfactorily completed.
E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a
waiver of, the provisions of any applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and,
prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may
do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) attributable to Owner's evaluation of and
determination to accept such defective Work (such costs to be approved by Engineer as to
reasonableness) and for the diminished value of the Work to the extent not otherwise paid by
Contractor pursuant to this sentence. 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, reflecting the diminished value of Work so accepted.
If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as
provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate
amount will be paid by Contractor to Owner.
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13.09 Owner May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective
Work, or to remove and replace rejected Work as required by Engineer in accardance with
Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract
Documents, or if Contractor fails to comply with any other provision of the Contract Documents,
Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed
expeditiously. In connection with such corrective or remedial action, Owner may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor's services related thereto, take possession of Contractor's tools, appliances,
construction 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 contractors, and Engineer and Engineer's consultants access to the Site to enable
Owner to exercise the rights and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies
under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued
incorporating the necessary revisions in the Contract Documents with respect to the Work; and
Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable
to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in
Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all
costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or
replacement of Contractor's defective Work.
D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the
performance of the Work attributable to the exercise by Owner of Owner's rights and remedies
under this Paragraph 13.09.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values
A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for
progress payments and will be incorporated into a form of Application for Payment acceptable to
Engineer. Progress payments on account of Unit Price Work will be based on the number of units
completed.
14.02 Progress Payments
A. Applications for Payments:
1. At least 20 days before the date established in the Agreement for each progress payment (but
not more often than once a month), Contractor shall submit to Engineer for review an
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Application for Payment filled out and signed by Contractor covering the Work completed as
of the date of the Application and accompanied by such supporting documentation as is
required by the Contract Documents. If payment is requested on the basis of materials and
equipment not incorporated in the Work but delivered and suitably stored at the Site or at
another location agreed to in writing, the Application for Payment shall also be accompanied
by a bill of sale, invoice, or other documentation warranting that Owner has received the
materials and equipment free and clear of all Liens and evidence that the materials and
equipment are covered by appropriate property insurance or other arrangements to protect
Owner's interest therein, all of which must be satisfactory to Owner.
2. Beginning with the second Application for Payment, each Application shall include an
affidavit of Contractor stating that all previous progress payrnents received on account of the
Work have been applied on account to discharge Contractor's legitimate obligations
associated with prior Applications for Payment.
3. The amount of retainage with respect to progress payments will be as stipulated in the
Agreement.
B. Review ofApplications:
1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in
writing a recommendation of payment and present the Application to Owner or return the
Application to Contractor indicating in writing Engineer's reasons for refusing to recommend
payment. In the latter case, Contractor may make the necessary corrections and resubmit the
Application.
2. Engineer's recommendation of any payment requested in an Application for Payment will
constitute a representation by Engineer to Owner, based on Engineer's observations of the
executed Wark 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, information and belief:
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Substantial
Completion, the results of any subsequent tests called for in the Contract Documents, a
final determination of quantities and classifications for Unit Price Work under Paragraph
9.07, and any other qualifications stated in the recommendation); and
c. the conditions precedent to Contractor's being entitled to such payment appear to have
been fulfilled in so far as it is Engineer's responsibility to observe the Work.
3. By recommending any such payment Engineer will not thereby be deemed to have
represented that:
a. inspections made to check the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every aspect of the Work in progress, or
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involved detailed inspections of the Work beyond the responsibilities specifically
assigned to Engineer in the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle Contractor
to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.
4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments
nor Engineer's recommendation of any payment, including final payment, will impose
responsibility on Engineer:
a. to supervise, direct, or control the Work, or
b. for the means, methods, techniques, sequences, or procedures of construction, or the
safety precautions and programs incident thereto, or
c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's
performance of the Work, or
d. to make any examination to ascertain how or for what purposes Contractor has used the
moneys paid on account of the Contract Price, or
e. to determine that title to any of the Work, materials, or equipment has passed to Owner
free and clear of any Liens.
5. 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 stated in
Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because
of subsequently discovered evidence or the results of subsequent inspections or tests, revise
or revoke any such payment recommendation previously made, to such extent as may be
necessary in Engineer's opinion to protect Owner from loss because:
a. the Work is defective, or completed Work has been damaged, requiring correction or
replaceinent;
b. the Contract Price has been reduced by Change Orders;
c. Owner has been required to correct defective Work or complete Work in accordance with
Paragraph 13.09; or
d. Engineer has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Payment Becomes Due:
l. Ten days after presentation of the Application for Payment to Owner with Engineer's
recommendation, the amount recommended will (subject to the provisions of Paragraph
14.02.1)) become due, and when due will be paid by Owner to Contractor.
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D. Reduction in Payment:
1. Owner may refuse to make payment of the full amount recommended by Engineer because:
a. claims have been made against Owner on account of Contractor's performance or
furnishing of the Work;
b. 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;
c. there are other items entitling Owner to a set-off against the amount recommended; or
d. Owner has actual knowledge of the occurrence of any of the events enumerated in
Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A.
2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will
give Contractor immediate written notice (with a copy to Engineer) stating the reasons for
such action and promptly pay Contractor any amount remaining after deduction of the
amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any
adjustment thereto ageed to by Owner and Contractor, when Contractor remedies the reasons
for such action.
3. Upon a subsequent detennination that Owner's refusal of payment was not justified, the
amount wrongfully withheld shall be treated as an amount due as determined by Paragraph
14.02.C.1 and subject to interest as provided in the Agreement.
14.03 Contractor's Warranty of Title
A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by
any Application for Payment, whether incorporated in the Project or not, will pass to Owner no
later than the time of payment free and clear of all Liens.
14.04 Substantial Completion
A. When Contractor considers the entire Work ready for its intended use Contractor shall notify
Owner and Engineer in writing that the entire Work is substantially complete (except for items
specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of
Substantial Completion.
B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an
inspection of the Work to determine the status of completion. If Engineer does not consider the
Work substantially complete, Engineer will notify Contractor in writing giving the reasons
therefor.
C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative
certificate of Substantial Completion 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
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final payment. Owner shall have seven days after receipt of the tentative certificate during which
to make written objection to Engineer as to any provisions of the certificate or attached list. If,
after considering such objections, Engineer concludes that the Work is not substantially
complete, Engineer will, within 14 days after submission of the tentative certificate to Owner,
notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's
objections, Engineer considers the Work substantially complete, Engineer will, within said 14
days, execute and deliver to Owner and Contractor a definitive certificate of Substantial
Completion (with a revised tentative list of items to be completed or corrected) reflecting such
changes from the tentative certificate as Engineer believes justified after consideration of any
objections from Owner.
D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will
deliver to Owner and Contractor a written recommendation as to division of responsibilities
pending final payrnent between Owner and Contractor with respect to security, operation, safety,
and protection of the Work, maintenance, heat, utilities, insurance, and warranties and
guarantees. Unless Owner and Contractor agree otherwise in writing and so inform 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.
E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial
Completion subject to allowing Contractor reasonable access to remove its property and
complete ar correct items on the tentative list.
14.05 Partial Utilization
A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially
completed part of the Work which has specifically been identified in the Contract Documents, or
which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part
of the Work that can be used by Owner for its intended purpose without significant interference
with Contractor's performance of the remainder of the Work, subject to the following conditions:
1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any
such part of the Work which Owner believes to be ready for its intended use and substantially
complete. If and when Contractor agrees that such part of the Work is substantially complete,
Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D
for that part of the Work.
2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers
any such part of the Work ready for its intended use and substantially complete and request
Engineer to issue a certificate of Substantial Completion for that part of the Work.
3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall
make an inspection of that part of the Work to determine its status of completion. If Engineer
does not consider that part of the Work to be substantially complete, Engineer will notify
Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part
of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with
respect to certification of Substantial Completion of that part of the Work and the division of
res onsibili in res ect thereof and access thereto.
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4. No use or occupancy or separate operation of part of the Work may occur prior to compliance
with the requirements of Paragraph 5.10 regarding property insurance.
14.06 Finallnspection
A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is
complete, Engineer will promptly make a final inspection with Owner and Contractor and will
notify Contractor in writing of all particulars in which this inspection reveals that the Work is
incomplete or defective. Contractor shall immediately take such measures as are necessary to
complete such Work or remedy such deficiencies.
14.07 Final Payment
A. Application for Payment:
1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections
identified during the final inspection and has delivered, in accordance with the Contract
Documents, all maintenance and operating instructions, schedules, guarantees, bonds,
certificates or other evidence of insurance, certificates of inspection, marked-up record
documents (as provided in Paragraph 6.12), and other documents, Contractor may make
application for final payment following the procedure for progress payments.
2. The final Application for Payment shall be accompanied (except as previously delivered) by:
a. all documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragaph 5.04.B.6;
b. consent of the surety, if any, to final payment;
c. a list of all Claims against Owner that Contractor believes are unsettled; and
d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien
rights arising out of or Liens filed in connection with the Wark.
3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved
by Owner, Contractar may furnish receipts or releases in full and an affidavit of Contractor
that: (i) the releases and receipts include all labor, services, material, and equipment for
which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other
indebtedness connected with the Work for which Owner might in any way be responsible, or
which might in any way result in liens or other burdens on Owner's property, have been paid
or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or
receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to
indemnify Owner against any Lien.
B. Engineer's Review of Application and Acceptance:
l. If, on the basis of Engineer's observation of the Work during construction and final
inspection, and Engineer's review of the final Application for Payment and accompanying
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documentation as required by the Contract Documents, Engineer is satisfied that the Work
has been completed and Contractor's other obligations under the Contract Documents have
been fulfilled, Engineer will, within ten days after receipt of the final Application for
Payment, indicate in writing Engineer's recommendation of payment and present the
Application for Payment to Owner for payment. At the same time Engineer will also give
written notice to Owner and Contractor that the Work is acceptable subject to the provisions
of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to
Contractor, indicating in writing the reasons for refusing to recommend final payment, in
which case Contractor shall make the necessary corrections and resubmit the Application for
Payment.
C. Payment Becomes Due:
1. Thirty days after the presentation to Owner of the Application for Payment and
accompanying documentation, the amount recommended by Engineer, less any sum Owner is
entitled to set off against Engineer's recommendation, including but not limited to liquidated
damages, will become due and will be paid by Owner to Contractor.
14.08 Final Completion Delayed
A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if
Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment
(for Work fully completed and accepted) and recommendation of Engineer, and without
terminating the Contract, make payment of the balance due for that portion of the Work fully
completed and accepted. If the remaining balance to be held by Owner for Work not fully
completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have
been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of
the balance due for that portion of the Work fully completed and accepted shall be submitted by
Contractor to Engineer with the Application for such payment. Such payment shall be made
under the terms and conditions governing final payment, except that it shall not constitute a
waiver of Claims.
14.09 Waiver of Claims
A. The making and acceptance of final payment will constitute:
1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled
Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06,
from failure to comply with the Contract Documents or the terms of any special guarantees
specified therein, or from Contractor's continuing obligations under the Contract Documents;
and
2. a waiver of all Claims by Contractor against Owner other than those previously made in
accordance with the requirements herein and expressly acknowledged by Owner in writing as
still unsettled.
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ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
15.01 Owner May Suspend Work
A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period
of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will
fix the date on which Work will be resumed. Contractor shall resume the Work on the date so
fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the
Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim
therefor as provided in Paragraph 10.05.
15.02 Owner May Terminate for Cause
A. The occurrence of any one or more of the following events will justify termination for cause:
1. Contractor's persistent failure to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment or failure to adhere to the Progress Schedule established
under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04);
2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor's repeated disregard of the authority of Engineer; or
4. Contractor's violation in any substantial way of any provisions of the Contract Documents.
B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving
Contractor (and surety) seven days written notice of its intent to terminate the services of
Contractor:
1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's
tools, appliances, construction equipment, and machinery at the Site, and use the same to the
full extent they could be used by Contractor (without liabiliry to Contractor for trespass or
conversion);
2. incorporate in the Work all materials and equipment stored at the Site or for which Owner
has paid Contractor but which are stored elsewhere; and
3. complete the Work as Owner may deem expedient.
C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive
any further payment until the Work is completed. If the unpaid balance of the Contract Price
exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) sustained by Owner arising out of or relating to completing the Work,
such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such
unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and
damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when
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so approved by Engineer, incorporated in a Change Order. When exercising any rights or
remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the
Wark performed.
D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if
Contractor begins within seven days of receipt of notice of intent to terminate to correct its failwe
to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of
said notice.
E. Where Contractor's services have been so terminated by Owner, the termination will not affect
any rights or remedies of Owner against Contractor then existing or which may thereafter accrue.
Any retention or payment of moneys due Contractor by Owner will not release Contractor from
liability.
F. If and to the extent that Contractor has provided a performance bond under the provisions of
Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of
Paragraphs 15.02.B and 15.02.C.
15.03 Owner May Terminate For Convenience
A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and
without prejudice to any other right or remedy of Owner, terminate the Contract. In such case,
Contractor shall be paid for (without duplication of any items):
1. completed and acceptable Work executed in accordance with the Contract Documents prior
to the effective date of termination, including fair and reasonable sums for overhead and
profit on such Work;
2. expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials, or equipment as required by the Contract Documents in
connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on
such expenses;
3. all claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors,
Suppliers, and others; and
4. reasonable expenses directly attributable to termination.
B. 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.
15.04 Contractor May Stop Work or Terminate
A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive
days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on
any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days
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to pay Contractor any sum finally determined to be due, then Contractor 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 Contract and recover from Owner payment
on the same terms as provided in Paragraph 15.03.
B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer
has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has
failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven
days after written notice to Owner and Engineer, stop the Work until payment is made of all such
amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are
not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an
adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly
attributable to Contractor's stopping the Work as permitted by this Paragraph.
ARTICLE 16 - DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a
decision under Paragraph 10.05 before such decision becomes final and binding. The mediation
will be governed by the Construction Industry Mediation Rules of the American Arbitration
Association in effect as of the Effective Date of the Agreement. The request for mediation shall
be submitted in writing to the American Arbitration Association and the other party to the
Contract. Timely submission of the request shall stay the effect of Paragaph 10.05.E.
B. Owner and Contractor shall participate in the mediation process in good faith. The process shall
be concluded within 60 days of filing of the request. The date of termination of the mediation
shall be determined by application of the mediation rules referenced above.
C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.C or a denial
pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after
termination of the mediation unless, within that time period, Owner or Contractor:
1. elects in writing to invoke any dispute resolution process provided for in the Supplementary
Conditions; or
2. agrees with the other party to submit the Claim to another dispute resolution process; or
3. gives written notice to the other party of the intent to submit the Claim to a court of
competent jurisdiction.
ARTICLE 17 - MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if:
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1. delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
17.02 Computation of Times
A. When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on
a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day will be omitted from the computation.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way
as a limitation of, any rights and remedies available to any or all of them which are otherwise
imposed or available by Laws or Regulations, by special warranty or guarantee, or by other
provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if
repeated specifically in the Contract Documents in connection with each particular duty,
obligation, right, and remedy to which they apply.
17.04 Survival of Obligations
A. All representations, indemnifications, warranties, and guarantees made in, required by, or given
in accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
17.05 Controlling Law
A. This Contract is to be governed by the law of the state in which the Project is located.
17.06 Headings
A. Article and paragraph headings are inserted for convenience only and do not constitute parts of
these General Conditions.
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SECTION VII
SPECIAL CONDITIONS
1. GENERAL
The provisions of this section of specifications shall govern in the event of any conflict
between them and the "General Conditions of Agreement".
2. ENGINEER
The word "Engineer" in these specifications shall be understood as referring to
Dunham Engineering, Inc. of College Station, Texas, Engineer of the Owner.
3. OWNER
All references to OWNER in these documents refer to City of Paris of Paris, Texas.
4. EXAMINATION OF SITE OF PROJECT
Prospective bidders shall make a careful examination of the site of the project, climatic
conditions to be encountered, improvements to be performed, disposal sites for surplus
materials, and as to method of providing ingress and egress to any private properties,
and methods of handling traffic during construction of the entire project.
5. QUALIFICATION OF LOW BIDDER
Before being awarded a contract, the apparent low, responsive and responsible bidder
shall submit such evidence as the Engineer may require to establish his financial
responsibility, experience and possession of such equipment as may be needed to
prosecute the work in an expeditious, safe, environmentally sound and satisfactory
manner.
Before being awarded the contract, the Contractor must identify the foreman intended
to be assigned to the project. Once approved by the Engineer, the foreman may not be
removed from the job unless approved in writing by the Engineer. This specifically
precludes the foreman supervising more than one jobsite and specifically requires that
the foreman be on the jobsite 100% of the time when work is being performed. If the
foreman leaves the jobsite for any reason, work must cease.
Section VII - 1
6. TIME ALLOWED FOR COMPLETION
Time allotted for the completion of all items of work shall be one hundred fifty (150)
days, which time shall begin on the tenth (10) day after the issuance of the Work Order.
The Work Order shall consist of a written request by the Engineer for the Contractor to
proceed with the construction of the project.
7. LIQUIDATED DAMAGES FOR DELAY
The Contractor agrees that time is the essence of this contract, and that for each
calendar day of delay beyond the number of calendar days herein agreed upon for the
completion of the work herein specified and contracted for (after due allowance for any
extension of time as may be granted pursuant to the General Conditions of Agreement)
the Owner may withhold, permanently, from the Contractor's total compensation, the
sum of Two Hundred Fifty ($250.00) Dollars per calendar day as liquidated damages for
such delay.
Owner and Contractor recognize that time is of the essence and that Owner will suffer
financial loss if the work contemplated in this Project is not completed within the time
specified plus any extensions allowed in change orders granted pursuant to the General
Conditions. Owner and Contractor recognize the delays, expenses and difficulties
involved in proving the actual loss suffered by Owner if the work to be completed in
the Project is not completed on time. Accordingly, instead of requiring any such proof,
Owner and Contractor agree that as liquidated damages for delay (but not as a
penalty), Contractor shall pay Owner Two Hundred Fifty Dollars ($250.00) per calendar
day for each day that expires after the time specified herein for completion of the work.
8. ADDENDA
Bidders desiring further information or interpretation of the plans or specifications
must make request for such information to the Engineer in writing, prior to seven (7)
days before the bid opening. Answers to all such requests will be given in writing to all
bidders, in addendum form, and all addenda will be bound with, and made a part of,
the Contract Documents. No other explanation or interpretation will be considered
official or binding. Should a bidder find discrepancies in, or omission from, the plans,
specifications, or other contract documents, or should he be in doubt as to their
meaning, he should at once notify the Engineer in writing in order that a written
addendum may be sent to all bidders. Any addenda issued prior to five (5) days of the
opening of bids will be mailed or delivered to each Contractor contemplating the
submission of a proposal on this work. Any addenda issued within five (5) days of bid
opening will be faxed or overnight mailed to each prospective bidder. The proposal as
submitted by the Contractor will be so constructed as to include any addenda, if such
are issued by the Engineer prior to five (5) days of the opening of bids.
Section VII - 2
9. REFERENCE SPECIFICATIONS
Where reference is made in these specifications to specifications compiled by other
agencies, organizations or departments, such reference is made for expediency and
standardization from the material supplier's point of view, and such specifications
referred to are hereby made a part of these specifications as if fully written out herein.
Whenever reference is made to the furnishing of materials for testing thereof to conform
to the standards of any technical society, trade organization, or regulatory body, it shall
be construed to mean the latest standard, code, specification or tentative specification
adopted and published at the time of advertisement for bids, even though reference has
been made to an earlier standard, and such current standards are made a part hereof to
the extent which is indicated or intended. Referenced standards shall include all
comments and best practices indicated in the Standard, even if not specifically required
by the Standard. In the event the Referenced Specification conflicts with the Project
Specification, the Project Specification shall govern.
10. PROJECT MAINTENANCE
The Contractor shall maintain and keep in good repair the improvements covered by
these plans and specifications during the life of the contract. Existing improvements at
the project location shall at all times be protected by the Contractor during the
construction specified herein. All such prior existing improvements shall be left in a
condition equal or better to that prior to the start of construction.
11. FENCES, DRAINAGE CHANNELS AND SURPLUS EXCAVATION
Boundary fences or other improvements temporarily removed to permit this
construction shall be replaced in the same location and left in a condition as good or
better than that in which they were originally found.
12. DISPOSAL OF WASTE
The Contractor is responsible for testing and disposal of all waste products associated
with the project.
13. CLEANUP
1. During Construction - The Contractor shall at all times keep the job site as
free from all material, debris and rubbish as is practicable and shall remove
same from any portion of the job site, when it becomes objectionable, in the
opinion of the Engineer or Owner.
Section VII - 3
2. Final - Upon completion of the work the Contractor shall remove from the
site, all plant, materials, tools and equipment belonging to him, and leave the
site with an appearance acceptable to the Engineer.
14. LIGHTS AND POWER
The Contractor shall provide temporary lighting and facilities required for the proper
execution and inspection of the work in accordance with SSPC Guide 12.
Electrical power for lighting and hand tools is available on site at no cost to the
Contractor. All air compressors shall be engine driven.
15. COPIES OF PLANS AND SPECIFICATIONS FURNISHED
Three (3) sets of the Plans and Specifications shall be furnished without charge to the
Contractor for construction purposes.
16. COMPENSATION, PUBLIC LIABILITY AND PROPERTY DAMAGE
INSURANCE
Each and every Contractor performing work at the site will not commence work until
he has secured all the required insurance. This also applies to all sub-contractors who
will be working on the site. Coverage to be carried is shown in Paragraph 10,
Instruction to Bidders, Section II.
17. PORTABLE TOILET FACILITIES
The Contractor shall provide portable toilet facilities when workers are present.
18. PARTIAL PAYMENTS
In accordance with the General Conditions (Application for Progress Payment), the end
of the month is established as the progress payment date and the amount of retainage
will be ten percent (10%).
Contractors that submit requests for progress payments prior to the end of the month
will receive payment less 10% retainage for that month's progress by the end of the
following month. All retainage will be paid on the final payment. Contractor's
affidavit of bills paid must be submitted with request for final payment.
Section VII - 4
19. WORKING HOURS & CITY NOISE ORDINANCE
Owner has no restrictions on working hours other than no earlier than 7 AM and no
later than 7 PM daily. Contractor must comply with City noise ordinance, and all other
ordinances during the project.
Section VII - 5
SECTION VIII
TECHNICAL SPECIFICATIONS
SUMMARY OF WORK
1. SCOPE OF CONTRACT
The City of Paris, Texas has a 1.OMG, multi-column elevated water storage tank that is
to be rehabilitated and repainted under the terms of this contract. General information
on the tank is provided at the end of this document in the Engineer's Report of
Inspection dated January 4, 2012. Generally, the interior and exterior coatings will be
replaced and miscellaneous structural steel repairs will be made. The specific repairs
and repainting required are outlined in this Section.
The tank is located in the 600 block of 25th Street NE, in the City of Paris, Texas (see
maps in Appendix). Containment (i.e. shrouding) and lead abatement is required
during the exterior abrasive blasting operations to protect the environment. The
exterior coating system contains greater than 1% lead by weight. See Technical
Specification No 35 - Lead Abatement (TS 35) in this document for lead abatement
requirements. A laboratory analysis of the coatings is provided at the end of this
document in the Appendix.
It shall be the responsibility of the bidders to carefully inspect the site and all pertinent
parts and devices on the tank to ascertain the quantity of surface preparation, necessary
repairs, and painting required to clean the tank properly, paint, repair, and place it back
into operation in accordance with these contract specifications. The information on the
tank provided in the Engineer's Report of Inspection is general in nature and should not
be relied upon to determine bid quantities or other bidding factors.
The Contractor shall use the materials specified, or materials of another manufacturer
that are deemed equal in the opinion of the Engineer to the materials specified. All
interior paint will conform to Standard 61 of the National Sanitation Foundation (NSF)
and will be on the NSF approved list of inside finish materials. In the event the
Contractor desires to substitute the products of another manufacturer, he shall apply to
the Engineer in writing at least fourteen (14) days prior to the bid date requesting
substitution, and shall furnish with his request complete descriptive materials on the
products along with NSF Certification plus full manufacturers recommendations of
surface preparation and application.
2. PRODUCTS
SW-1
approval.
b. Install interior bowl ladder below top hatch opening and provide
Approx.l2, long x 6„ angle supports to wall spaced at 10' intervals.
Measure in field to obtain exact length. Submit shop drawing to
Engineer for approval. Position new ladder directly below new 30"
diameter top hatch for easy access.
c. Insta118' long aluminum climb prevention gate on bottom of leg
ladder, LADDER GATE or equal. Submit catalog cut to Engineer
for approval.
(6) Install 8, diameter x 42„ tall handrail on roof of tank centered around top
vent. Provide 1.5' wide opening in handrail at roof ladder and weld
handrail support to each side of roof ladder. See Detail in Drawings
Section. Install one 110 volt electrical double outlet on roof handrail and
one on balcony handrail. Run new electrical wires from grade to both
outlets in new pipe conduit required in item (8) below.
(7) Install6 antenna brackets on roof handrail and 8 antenna brackets on
balcony handrail spaced evenly around circumference. See Detail in
Drawings Section.
(8) Remove all conduits from structure prior to sandblasting. Install two 4"
diameter steel pipes with one on each side of leg ladder welded to 6"
square x 1/4" thick A36 steel plates aligned vertically to pipe and spaced
at 10' intervals to support pipes. Pipes run from grade to roof Approx.l'
from ladder handrails. Pipes are to be blasted and painted as permanent
part of structure and will be used as conduit for communications wires.
(9) Replace one (1) bent balcony handrail brace with new 2" x 2" angle.
Measure in field for exact length, brace is Approx. 4' long.
(10) Install new 4" tall x 24" diameter raised curb at balcony floor plate
opening for leg ladder. Curb to be welded to opening with new A36
steel plate rolled to opening diameter.
(11) Remove 15 existing truss rafters on interior of tank and insta1115 new 6"
x 6" x 3/8" angle rafters each Approx. 40' long. Roll rafters to curvature
of tank. Measure radius in field for exact roll. Install rafters with leg
down and seal weld both side of rafter to ceiling. Rafters may be spliced
in no less than 10' lengths for ease of erection. Seal weld all splices.
Rafters to run from rafter support ring to side wall. See Detail in
SW-3
Drawings Section.
(12) Remove existing rafter support ring below roof vent and install new 8'
diameter x 6" x 6" x 3/8" angle rafter support ring. Weld new support
ring to ceiling. Weld ends of each rafter to rafter support ring. Provide
temporary construction bracing as required while installing ring and
rafters. See Detail in Drawings Section.
(13) Remove 3 abandoned 6" channels lying flat on roof and previously used
to support antenna bracket next to center vent.
(14) Remove existing probe holder on roof of tank and weld 6" diameter x
1/4" thick plate over hole.
(15) Replace existing overflow pipe with new 16" diameter schedule 40 steel
pipe from grade to existing high water line. Replace interior weir pipe
with new pipe weir. Install new overflow pipe supports spaced Approx.
10' apart using 6" square x 1/4" thick A36 steel plate positioned vertically
from leg to pipe. Install new CLOW or MUELLER flap vale on end of
pipe. Match existing overflow level. Location of overflow pipe must be
approved by Engineer's Field Representative on site prior to installation.
(16) Provide and install concrete splash pad below overflow pipe. See Detail
in Drawings Section. Ensure splash pad slopes away from tank and
toward drainage area at a 1/12 downward slope. Location of splash pad
must be approved by Engineer's Field Representative on site prior to
installation.
(17) Provide temporary plywood cover to protect roof of existing building
located behind leg ladder. Building is approx. 8' square x 8' tall. Cover
building roof with plywood to protect exterior during sandblasting and
painting. Remove plywood cover after painting is complete.
(18) Remove existing cathodic protection system from structure including all
cover plates on roof and all wiring on interior of tank. Weld 6" diameter
x 1/4' thick A36 steel plates over all (Approx.l5) existing access holes on
roof. Weld top side only and caulk interior side at ceiling.
(19) Provide and insta111' wide x 1/4" thick A36 steel reinforcing pad in bowl
of tank around riser pipe penetration. Re-pad to be welded all around to
tank floor and riser. Re-pad to be Approx. 6' O.D. and 5' I.D.
SW - 4
(20) City will have one SCADA antenna positioned on roof of tank at all
times during project. This antenna controls water level in all City tanks
and is controlled by building located near leg ladder. After shroud
support center tree is installed, contractor will move SCADA antenna to
top of shroud support center tree where it will remain until shroud is
removed. Antenna is omni-directional and may be moved to facilitate
work but must remain operational during project. Once shroud is
removed, contractor will move SCADA antenna to permanent location
on roof handrail. Owner will run coax wire for SCADA antenna in new
pipe conduit installed by contractor as part of project.
(21) Grind welded lugs on structure smooth, including old ladder lugs, old
rigging clips and shroud clips. New shroud clips shall be ground
smooth, blasted and painted per the exterior coating specification after
containment has been removed.
(22) Optional Work Item: At contractor's own expense, holes may be cut in
tank's roof plate to provide rigging ports for interior of tank. If holes are
cut, weld one 2 diameter threaded pipe coupling in each hole. Blast and
paint couplings as part of exterior work. Close holes at end of job with
galvanized coated threaded plugs. Submit number of holes proposed
and methods to cut and close to Engineer for approval.
(23) Provide and install new stainless steel nuts, bolts and neoprene gaskets
in all manways after interior paint has cured. Do not paint stainless steel
nuts and bolts.
4. REPAIR OF PITS & PRIOR CORROSION DAMAGE
After abrasive blast cleaning, Engineer's Field Representative will inspect the steel
surface to determine the repair procedure. The repairs may be made by using epoxy
paste or by welding as directed by the Engineer' Field Representative. Those pits deeper
than 1/8" will be repaired by welding. Pits less than 1/8" deep will be repaired with
epoxy paste. Epoxy paste shall be applied after the zinc rich primer has been applied
per the appropriate coating specification in this document.
Repair all deep pits by welding pit flush with surface of tank. Average size of deep pits
is 1" diameter x 1/8 deep. Repair all shallow pits by filling with 100% solids epoxy
Tnemec pit filler. Average size of shallow pits is 1" diameter x less than 1/8" deep.
Assume 200 deep pits to be repaired by welding, and 2 gallons of epoxy pit filler to
repair shallow pits in base bid. Additive bid item below shall be utilized if additional
repairs are required:
SW-5
Additive Bid Item #1: Repair by welding up to 200 holes or corrosion damaged
areas up to 6" in diameter, after abrasive blast cleaning. Areas shall be repaired by
welding 1/4" steel plates to the tank per AWS D1.1. Blast and paint entire area
affected by repair according to the appropriate coating specification in this
document. Repairs shall be authorized by Engineer's Field Representative as
needed. Work shall be performed on a unit price basis.
5. PROTECTIVE COATING REPLACEMENT
All coating operations shall be performed in accordance with SSPC PA-1, SSPC PA-2,
AWWA D102 and these Specifications, including TS 2, 3, and 20 of the Technical
Specifications.
A. Interior Surface Preparation & Coating:
(1) The work covered by this part of the specification includes painting the
entire inside surface area of the tank, including the wet riser pipe. The
Contractor shall furnish all materials required for the painting and shall
install them in accordance with the manufacturer's written directions
and these specifications.
(2) Abrasive blast clean all areas below HWL in bowl to SSPC SP-6
Commercial Blast Standard. A suitable angular anchor profile of at least
2.0 mils as determined by Test-Tex strips shall be established. All areas
shall be pressure washed with clean water per SSPC SP-1 prior to
blasting to prevent embedment of contaminants from existing coating.
(3) Remove all blast debris from tank and inspect the interior surface area
for pits and soluble salt contamination. Soluble iron salt concentration,
chloride concentration AND conductivity must be measured via test
strips and a conductivity meter in accordance with the manufacturer's
instructions. Submit testing method and equipment to Engineer for
approval.
(4) Repair deep pits by welding. Shallow pits shall be repaired with 100%
solids epoxy paste after zinc-rich primer is applied.
(5a) If soluble iron salt or chloride concentration is above 100 ppm, or
conductivity is above 30 µS/cm2, pressure wash per SSPC SP-1 all blast
cleaned areas to reduce soluble salt content to less than the above limits.
(Additive Bid Item #2).
SW-6
(5b.) When soluble salt concentrations and conductivity are below the limits
set in 5a above, install desiccant dehumidification equipment and
abrasive blast clean all interior surfaces including areas above HWL to
near-white standard per SSPC SP-10. Dehumidification equipment must
remain operational and running from time the near-white blast
commences and run 24 hours per day until five days after the final coat
of paint is applied. The unit must control the environment to keep the
air inside tank and riser at less than 50% relative humidity at all times.
Minimum desiccant dehumidification equipment required is an HC-
9000 GA desiccant with 50 KW generator as supplied by DH
Technologies or equal.
(6) Apply NSF approved three coat system of zinc rich primer top coated
with two coats of polyamide epoxy to all interior surfaces:
Prime coat: Tnemec Series 94 H20 Hydro-Zinc @ 2.5-3.5 mils DFT.
Stripe coat: Tnemec Series 20 thinned as much as allowable and brushed
into all welds and along all edges.
Intermediate and Finish coats: Tnemec Series 20 applied @ 4- 5 mils
DFT each coat.
Minimum thickness required for the total system is 12 mils DFT. Each
succeeding coat of paint will vary from the preceding in color so as to be
able to verify coverage. Color of finish coat of paint shall be Tnemec
Tank White.
(7) Apply Sikaflex or equal NSF approved caulk/ sealer to all interior un-
welded seams including rafters and ceiling plates.
B. General Provisions for Interior Paint Systems:
All sharp edges, weld seams, and other items difficult to coat shall receive a
brush applied coat of the intermediate coating thinned as much as possible in
accordance with the manufacturer's directions liberally worked in after the
prime coat and prior to the finish coat of paint.
During and after final application of each coating, all metal surfaces shall be
checked with appropriate wet and dry mil gauges to ensure that the required
thickness of coating is being obtained. The Contractor shall provide a set of
standards with the gauge so that accuracy can be checked.
After the paint thickness meets these specifications and has cured for at least
five days, the Contractor shall test the entire surface of the paint system for
SW-7
holidays with a low voltage wet sponge detector in accordance with NACE
SP0188. Holidays shall be marked and reworked until no further holidays
appear. After all holiday checking is complete, the point of ground
connection shall be carefully coated.
Each coat shall be s r~ aved on in accordance with the manufacturer's
recommendations. Rolling interior paint is not permitted. The type of spray
nozzle, the fluid pressure at the gun, the distance from the gun to the surface
being painted and the speed of travel of the gun shall be as recommended by
the manufacturer. Thinning shall be done as recommended. All paint in the
fluid pot and lines shall be cleaned out with thinner before application of the
paint is begun. The thinner may be used also for cleaning the painting
equipment at the end of each day's operations.
Each coat shall be dry to touch before the next coat is applied. Follow the
manufacturer's directions explicitly.
The Contractor is cautioned that small amounts of paint are intoxicating and
large amounts tend to be toxic. The Contractor shall make provisions to keep
the tank well ventilated during the spraying and drying operation to protect
the personnel and to facilitate drying of the coating by solvent evaporation.
During the actual spraying operations, all personnel within the tank shall be
furnished with either an appropriate respirator or source of external air such
as a compressed air line to a sandblasting head mask. At least two (2) men
shall be in the tank during spraying operations.
C. Exterior Area Surface Preparation & Coating:
(1) The work covered by this part of the specifications includes painting the
entire exterior surface area of the tank. It also includes painting any
steel outside the tank such as vents, hatches, steel retaining rings,
exposed yard piping and all other items outside the tank. Data Plates
shall NOT be painted over. The Contractor shall furnish all materials
required for the painting and shall install them in accordance with the
manufacturer's written direction and these specifications.
(2) The existing exterior coating system contains rg eater than 1% lead by
weight. A laboratory analysis of the coatings is provided at the end of
this document in the Appendix. Containment and lead abatement is
required during the exterior abrasive blasting operations. See Technical
S12ecification No. 35 - Lead Abatement (TS 35) in this document for
containment and lead abatement requirements. Containment must be
SW-8
capable of withstanding winds up to 25 mph. Containment and lead
abatement plan must be submitted to Engineer for approval.
(3) Abrasive blast clean the entire exterior surface area to SSPC-SP 6
Commercial Blast Standard. A suitable angular anchor profile of at least
2.0 mils as determined by Test-Tex strips shall be established. All areas
shall be pressure washed with clean water per SSPC SP-1 prior to
blasting to prevent embedment of contaminants from existing coating. If
containment is lowered or removed for any reason during blasting or
painting operations, surface must be pressure washed with clean water
per SSPC SP-1 to remove surface contaminants prior to continuing work.
(4) Repair deep pits by welding. Shallow pits shall be repaired with 100%
solids epoxy paste after zinc-rich primer is applied.
(5) Apply four coat Zinc Rich Primer/ Epoxy/ Polyurethane/ Fluoropolymer
system:
Prime coat: Tnemec Series 94 H20 Hydro-Zinc applied Q 2.5-3.5 mils
DFT.
Stripe coat: Tnemec Series 20 or 66 polyamide epoxy thinned as much as
allowable and brushed into all weld seams.
1St Intermediate coat: Tnemec Series 20 or 66 polyamide epoxy applied
@ 4-5 mils DFT.
2na Intermediate coat: Tnemec Series 750 polyurethane applied at 2.5-4
mils DFT.
Finish coat: Tnemec Series 700 Hydroflon fluoropolymer applied @ 2-3
mils DFT.
Total system thickness must be 10.0 mils DFT minimum. Each
succeeding coat of paint will vary from the preceding in color so as to be
able to verify coverage. Color of finish coat of paint will be determined
by Owner after Contractor submits color choices chart.
(6) After all exterior painting is complete; install two (2) logos on sides of
tank similar to existing logos. Use Tnemec Series 700 Hydroflon for
logos. Engineer shall provide logo detail to Contractor upon approval
by Owner. All dimensions to be field verified by Contractor prior to
ordering pounce patterns. Contractor shall use DuPont Tyvek pounce
patterns, or equal, as provided by TankLogos.com of Nashville, TN.
Phone: (615) 473-0272.
D. General Provisions for Exterior Paint Systems
SW - 9
Each coat shall be sprayed or rolled on in accordance with the manufacturer's
recommendations and these specifications. The type of spray nozzle, the
fluid pressure at the gun, the distance from the gun to the surface being
painted and the speed of travel of the gun shall be as recommended by the
manufacture. Thinning shall be done as recommended. All paint in the fluid
pot and lines shall be cleaned out with thinner before application of the paint
is begun. The thinner may be used also for cleaning the painting equipment
at the end of each day's operations.
All sharp edges, weld seams, nuts, bolts and other items difficult to coat shall
receive a brush applied coat of the specified epoxy coating thinned as much
as possible in accordance with the manufactures direction liberally worked in
after prime coating and prior to the second coat of paint.
During and after final application of each coating, all metal surfaces shall be
checked with appropriate wet and dry mil gauges to insure that the required
thickness of coating is being obtained. The Contractor shall provide a set of
standards with the gauge so that accuracy can be checked.
Each coat shall be dry to touch before the next coat is applied. Follow the
manufacturer's directions explicitly.
6. CLEANING INSIDE OF TANK
The tank will be drained and the Contractor will be responsible for cleaning any
accumulated sand and silt prior to start of work. All material used in the blasting
operations, sediment in the tank, rust, paint and scale accumulated from the cleaning
operations and all other material in the tank, shall be removed from the tank by the
Contractor and properly disposed of.
7. DISINFECTING THE TANK
The disinfection of the tank is the responsibility of the Contractor. The Contractor shall
use chlorination methods as specified in AWWA C652 and TS 10 of the Technical
Specifications. The Owner will fill the tank and perform bacteriological testing. If the
sample fails, the Contractor will disinfect the tank again. Job is not complete until tank
passes bacteriological testing as required by Health Dept.
8. GUARANTEE AND CLEANUP
The Contractor shall guarantee to the Owner for a period of one (1) year the tank and
appurtenances from the date of final inspection and acceptance to the extent that he will
SW-10
repair any defects which may appear in the structure due to faulty painting, repairs or
other work.
In addition, it shall be the responsibility of the Contractor to meet with the Engineer
and inspect the tank eleven and one-half (111/2) months from the date of the final
acceptance to determine whether the tank is still in a serviceable condition and then
correct all deficiencies under the warranty.
Upon completion of all work, the Contractor shall remove all surface materials and
rubbish and dispose of in accordance with directions of the Engineer. He shall repair
all damage caused by his workers and shall leave the premise in a clean and orderly
condition.
9. INSPECTION
A. The Engineer's Field Representative will perform quality assurance
inspections of the contractor's work on a hold-point basis. The Contractor is
required to perform his own quality control.
B. No work will progress beyond the designated hold-point until approved by
Engineer's Field Representative.
C. The following hold-points are designated:
(1) All welding repairs completed prior to painting.
(2) Reinforcement properly installed prior to placing concrete.
(3) Containment erection completed (as required).
(4) Surface contaminants removed (as required).
(5) Blast profile obtained and degree of blast completed
(6) Prime coat completed.
(7) Stripe coat completed.
(8) Intermediate coat completed.
(9) Finish coat completed.
(10) Holiday detection test of interior completed.
SW-11
(11) Cure test of interior completed.
D. The Contractor is required to coordinate with the inspector and to provide 24
hours notice to request a hold-point inspection. Hold-point inspections shall
not be scheduled during weekends or Federal Holidays.
E. The Contractor shall submit daily weather and progress reports, including
anticipated work schedule for the next 7 days, to Engineer & Engineer's Field
Representative via email.
F. The Contractor is responsible for providing safe rigging to gain access to all
work areas to be inspected. All rigging must conform to OSHA Standard
1910.
G. The Contractor is responsible for providing recommended lighting per SSPC
Technology Guide 12 (See Guide in Appendix) to illuminate the work and
inspection areas.
H. If the Contractor does not provide adequate lighting or safe rigging to
properly inspect the work, the inspection will be postponed until such time as
the Engineer can schedule an inspection to determine if the work may
progress beyond the hold-point.
10. ALTERNATE COATING SYSTEMS
Contractors mav provide alternate pricing for the following coating systems:
A. Interior coating system:
Interior prime coat: Sherwin-Williams Corothane I Galvapac Zinc or
Induron Indurazinc MC 67 applied @ 2.5 - 3.5 mils DFT.
Interior stripe, intermediate & finish coat: Sherwin-Williams Macropoxy
646 PW or Induron PE 70 applied @ 4.0 to 6.0 mils DFT each coat.
Interior seam sealer & pit filler: Sherwin-Williams Steel Seam FT 910 or
Induron Aquatapoxy A-6.
Total interior system thickness must be 12.0 mils DFT minimurn.
B. Exterior coating system:
Exterior prime coat: Sherwin-Williams Corothane 1 Galvapac Zinc or
Induron DF 67 applied at 2.5-3.5 mils DFT.
Exterior stripe and 1St intermediate coat: Sherwin-Williams Macropoxy 646
PW or Induron Armorguard @ 4.0-5.0 mils DFT.
SW-12
Exterior 2nd intermediate coat: Sherwin-Williams Hi-Solids Polyurethane or
Induron Indurethane 6600 Plus Polyurethane @ 2.0-3.0 mils DFT.
Exterior finish coat & logos: Sherwin-Williams Fluorokem or Induron
Fluorothane @ 2.0-3.0 mils DFT.
Total exterior system thickness must be 10.0 mils DFT minimum.
C. All contractors must provide pricing based on the Tnemec coating systems in
the base bid. Alternate coating system pricing, if provided, will be shown on
the Bid Schedule as an ADD or DEDUCT to overall base bid.
D. The Owner will decide whether to accept the base bid with the Tnemec
coating system or to accept the alternate coating system price if one is
provided.
SW-13
TECHNICAL SPECIFICATION NO. 2
COMMERCIAL BLAST CLEANING
2.01 SCOPE
This specification covers the procedure required for the commercial blast cleaning of
structural steel surfaces prior to painting or coating.
2.02 DEFINITION
Commercial blast cleaning is a method of preparing metal surfaces for painting or
coating by removing mill scale, rust-scale, paint, or foreign matter to the degree
hereafter specified, by the use of abrasives propelled through nozzles or by centrifugal
wheels.
A commercial blast cleaned surface finish is defined as one from which all oil, grease,
dirt, rust-scale and foreign matter are removed completely from the surface and all rust,
mill scale, and old paint have been completely removed except for slight shadows,
streaks, or discoloration's caused by rust stain, mill scale oxides or slight, tight residues
of paint or coating that may remain; if the surface is pitted, slight residues of rust or
paint, may be found in the bottom of pits: at least two-thirds of each square inch of
surface area shall be free of all visible residues and the remainder shall be limited to the
light discoloration, slight staining or tight residues mentioned above. Photographic or
other visual standards of surface preparation may be used to modify or further define
the surface if specified in the contract.
2.03 PROCEDURES
Commercial blast cleaning shall consist of the following sequence of operations:
A. Heavy deposits of oil or grease shall be removed by the methods outlined in
Specification SSPC-SP 1-63, "Solvent Cleaning". Small quantities of oil or
grease may be removed by the blast cleaning operation. If oil and grease are
removed by blast cleaning, the abrasive shall not be reused if such reuse is
detrimental to the surface.
B. Excessive rust-scale may be removed by impact tools, as outlined in
Specification SSPC-SP 2-63, "Hand Tool Cleaning", or SSPC-SP 2-63, "Power
Tool Cleaning", or by special blasting equipment.
C. The surface of the metal shall be blast cleaned to a commercial finish by any
of the following methods:
TS2-1
1. Dry abrasive blasting using compressed air blast nozzles and dry blast
media of a maximum particle size no larger than that passing through a 16
mesh screen, U. S. sieve series.
2. Wet or water vapor abrasive blasting using compressed air blast nozzles,
water and blast media of a maximum particle size no larger than that
passing through a 16 mesh screen, U. S. sieve series.
3. Grit blasting using compressed air blast nozzles and crushed grit made of
cast iron, malleable iron, steel, or synthetic grits other than sand, of a
maximum particle size no larger than that passing through a 16 mesh
screen,
U. S. sieve series. The largest commercial grade of inetal grit permitted by
this specification is SAE No. G-25 abrasive material.
4. Shot blasting using compressed air nozzles and cast iron, steel, or
synthetic grits shot of a maximum size no larger than that passing through
a 16 mesh screen, U. S. sieve series. The largest commercial grade of inetal
grit permitted by this specification is SAE No. S-330.
5. Closed, recirculating nozzle blasting using compressed air, vacuum, and
any of the preceding abrasive.
6. Grit blasting using centrifugal wheels and crushed grit made of cast iron,
malleable iron, steel, or synthetic grits other than sand, of a maximum
particle size no larger than that passing through a 16 mesh screen, U. S.
sieve series. The largest commercial grade of inetal grit permitted by this
specification is SAE No. G-25.
7. Shot blasting using centrifugal wheels and cast iron, steel, or synthetic
grits shot of a maximum size no larger than that passing through a 16
mesh screen, U. S. sieve series. The largest commercial grade of inetal grit
permitted by this specification is SAE No. S-330.
The surface, if wet sandblasted, shall be cleaned by rinsing with fresh water to which
sufficient corrosion inhibitor has been added to prevent rusting, or with fresh water
followed immediately by an inhibitive treatment. This cleaning shall be supplemented
by brushing, if necessary, to remove any residue.
The compressed air used for nozzle blasting shall be free of detrimental amounts of
condensed water or oil. Adequate separators and traps shall be provided.
TS2-2
Blast cleaning operations shall be done in such manner that no damage is done to
partially or entirely completed portions of the work.
Dry blast cleaning operations shall not be conducted on surfaces that will be wet after
blasting and before painting, or when ambient conditions are such that any visible
rusting occurs before painting or coating.
If any rust forms after blast cleaning, the surface shall be re-blasted before painting.
The blast cleaned surface shall be examined for any traces of oil, grease, or smudges. If
present, they shall be removed as outlined in Specification SSPC-SP 1-63, "Solvent
Cleaning°.
The height of profile of the anchor pattern produced on the surface shall be limited to a
maximum height that will not be detrimental to the life of the paint film. The maximum
particle sizes specified in paragraphs 1 to 7 may produce an anchor pattern that is too
high or too rough for the paint system to be used. In such cases the abrasive sizes
should be reduced. If the application of the second coat of paint is deferred, an
adequate reduction in anchor pattern depth shall be made.
The blast cleaned surface should be further treated or primed, as specified in the
agreement covering the work, preferable within 24 hours after blast cleaning when
practicable, but in any event before any visible or detrimental rusting occurs.
Where chemical contamination of the surface may occur, the steel should be painted as
soon as possible after blast cleaning.
2.04 SAFETY PRECAUTIONS
If fire or explosion hazards are present, proper precautions shall be taken before any
work is done. If the structure previously contained flammable materials, it shall be
purged of dangerous concentrations.
Nozzle blast operators exposed to blast dust shall wear a U. S. Bureau of Mines
approved helmet connected to a source of clean, compressed air.
TS2-3
Filter type air respirators should be worn by all others who are exposed to blast dust
environment. Adequate protection for personnel from flying particles shall also be
provided in any blasting operation.
Safety goggles shall be worn by all persons near any blasting operation.
Blast hoses shall be grounded to dissipate static charges.
TS2-4
TECHNICAL SPECIFICATION NO. 3
NEAR-WHITE BLAST CLEANING
3.01 SCOPE
This specification covers the procedure required for the near-white blast cleaning of
structural steel surfaces prior to painting or coating.
3.02 DEFINITION
Near-white blast cleaning is a method of preparing metal surfaces for painting or
coating by removing mill scale, rust-scale, paint, or foreign matter to the degree
hereafter specified, by use of abrasives propelled through nozzles or by centrifugal
wheels.
A near-white blast cleaned surface finish is defined as one from which all oil, grease,
dirt, rust-scale and foreign matter are removed completely from the surface and all rust,
mill scale, and old paint have been completely removed except for very light shadows,
very slight streaks, or slight discoloration caused by rust stain, mill scale oxides or
slight, tight residues of paint or coating that may remain; if the surface is pitted, slight
residues of rust or paint, may be found in the bottom of pits; at least 95 percent of each
square inch or surface area shall be free of all visible residues and the remainder shall
be limited to the light discoloration, slight staining or tight residues mentioned above.
Photographic or other visual standards of surface preparation may be used as provided
in the Appendix to modify or further define the surface if specified in the contract.
The overall blast cleaning effort expended (nozzle time) shall be not less than (2/3) of
that required to produce a White-Metal Surface Finish on the same surface; nor should
it be more than 95 percent of such effort required. This limitation shall not be construed
as a waiver of any of the above requirements.
3.03 PROCEDURES
Near-White blast cleaning shall consist of the following sequence of operations:
A. Heavy deposits of oil or grease shall be removed by the methods outlined in
Specification SSPC-SP 1-82, "Solvent Cleaning". Small quantities of oil or
grease maybe removed by the blast cleaning operation. If oil or grease are
removed by blast cleaning, the abrasive shall not be reused if such reuse is
detrimental to the surface.
TS3-1
B. Excessive rust-scale may be removed by impact tools, as outlined in
Specification SSPC-SP 2-82, „Hand Tool Cleaning", or SSPC-SP 3-82, "Power
Tool Cleaning", or by special blasting equipment.
C. The surface of the metal shall be blast cleaned to a near-white finish by any
of the following methods:
1. Dry sandblasting using compressed air blast nozzles and dry sand of a
maximum particle size no larger than that passing through a 16 mesh
screen, U. S. Sieve series.
2. Wet or water vapor sandblasting using compressed air blast nozzles,
water and sand of a maximum particle size no larger than that passing
through a 16 mesh screen, U. S. sieve series.
3. Grit blasting using compressed air blast nozzles and crushed grit made
of cast iron,, malleable iron, steel, or synthetic grits other than sand, of a
maximum particle size no larger than that passing through a 16 mesh
screen, U. S. sieve series. The largest commercial grade of inetal grit
permitted by this specification is SAE No. G-25 abrasive material.
4. Shot blasting using compressed air nozzles and cast iron, malleable iron,
steel, or synthetic shot of a maximum size no larger than that passing
through a 16 mesh screen, U. S. sieve series. The largest commercial
grade of inetal grit permitted by this specification is SAE No. S-330.
5. Closed, recirculating nozzle blasting using compressed air, vacuum, and
any of the preceding abrasives.
6. Grit blasting using centrifugal wheels and crushed grit made of cast
iron, malleable iron, steel, or synthetic grits other than sand, of a
maximum particle size no larger than that passing through a 16 mesh
screen, U. S. sieve series. The largest commercial grade of inetal grit
permitted by this specification is SAE No. G-25.
7. Shot blasting using centrifugal wheels and cast iron, steel, or synthetic
grits shot of a maximum size no larger than that passing through a 16
mesh screen, U. S. sieve series. The largest commercial grade of inetal
grit permitted by this specification is SAE No. S-330.
The surface, if dry blasted, shall be brushed with clean brushes made of hair, bristle, or
fiber, or blown off with compressed air (From which detrimental oil and water have
been removed), or cleaned by vacuum, for the purpose of removing any traces of blast
TS3-2
products from the surface, and also for the removal of abrasive from pockets and
corners.
The surface, if wet sandblasted, shall be cleaned by rinsing with fresh water to which
sufficient corrosion inhibitor has been added to prevent rusting, or with fresh water
followed immediately by an inhibitive treatment. This cleaning shall be supplemented
by brushing, if necessary, to remove any residue.
The compressed air used for nozzle blasting shall be free of detrimental amounts of
condensed water or oil. Adequate separators and traps shall be provided.
Blast cleaning operations shall be done in such manner that no damage is done to
partially or entirely completed portions of the work.
Dry blast cleaning operations shall not be conducted on surfaces that will be wet after
blasting and before painting, or when ambient conditions are such that any visible
rusting occurs before painting or coating.
If any rust forms after blast cleaning, the surface shall be reblast cleaned before
painting.
The blast cleaned surface shall be examined for any traces of oil, grease, or smudges. If
present, they shall be removed as outlined in Specification SSPC-SP 1-82, "Solvent
Cleaning".
The height of profile of the anchor pattern produces on the surface shall be limited to a
maximum height that will not be detrimental to the life of the paint film. The maximum
particle sizes specified in paragraphs 1 to 7 may produce an anchor pattern that is too
high or too rough for the paint system to be used. In such cases the abrasive sizes
should be reduced. If the application of the second coat of paint is deferred, an
adequate reduction in anchor pattern depth shall be made.
The blast cleaned surface should be further treated or primed, as specified in the
agreement covering the work, preferably within 24 hours after blast cleaning when
practicable, but in any event before any visible or detrimental rusting occurs.
Where chemical contamination of the surface may occur, the steel should be painted as
soon as possible after blast cleaning.
TS3-3
3.04 SAFETY PRECAUTIONS
If fire or explosion hazards are present, proper precautions shall be taken before any
work is done. If the structure previously contained flammable materials, it shall be
purged of dangerous concentrations.
Nozzle blast operators exposed to blast dust shall wear a U. S. Bureau of Mines
approved helmet connected to a source of clean, compressed air.
Filter type air respirators should be worn by all others who are exposed to blast dust
environment. Adequate protection for personnel from flying particles shall also be
provided in any blasting operation.
Safety goggles shall be worn by all persons near any blasting operation.
Blast hoses shall be grounded to dissipate static charges.
TS3-4
TECHNICAL SPECIFICATION NO. 10
DISINFECTION OF TANK
10.01 GENERAL
After construction or repairs have been completed, the tank shall be disinfected before it
is placed or replaced in service. Any of the three alternatives given in this standard
(Sec. 10.03) shall be followed, as approved by the Owner. Prior to sterilization, the
Contractor shall insure that all foreign material is removed from the tank, to include
flushing the fill pipe.
10.02 INFORMATION TO BE SUPPLIED BY OWNER
The Owner approves disinfection using the following details:
A. Disinfection procedure 1, 2 or 3 to be followed
B. The Contractor shall be responsible for performing the disinfection. Owner
will supply water at no cost to the Contractor.
C. The Contractor will be responsible for securing the check test samples which
the Owner will deliver to the County Health Laboratory for testing.
D. The tank does not receive final clearance of completion until the test samples
have been declared satisfactory. Should the samples fail, the tank will be
drained, re-chlorinated, filled and retested until the samples are satisfactory.
All materials including water used for retest will be at Contractor's expense.
10.03 DISINFECTION PROCEDURES
A. Procedure 1- Direct Application of Strong Chlorine Solution to Inner
Surfaces.
1. Chlorine solution - Dissolve one ounce 65% calcium hypochlorite (HTH or
Perchloron) as a paste in each 24 gallons of clean water; or add 4 fluid
ounces of 5% liquid bleach to each 8 gallons of clean water; or add 4 fluid
ounces of 14 % liquid bleach to each 24 gallons of clean water. Each of
these solutions has about a 200 mg/1 concentration of available chlorine.
Dosages may be decreased for an extremely clean tank or where high
residual concentrations, after filling, are undesirable.
TS10-1
2. Application - Spray the chlorine solution over the inner surface of the
cleaned, empty structure using spraying equipment, or whitewash
brushes.
3. Contact period - The chlorine solution should remain on the surface for
AT LEAST 45 minutes. After that, the structure may be filled with potable
water and allowed to set 18 hours.
4. Testing - After the contact and 18 hour setting period, a sample will be
drawn, tested and upon reading of zero coliform will be turned back into
service.
B. Procedure 2- Adding Disinfectant to Water as Structure is Filled
1. Chlorine solution - Dissolve 1/2 lb. 70 % calcium hypochlorite (HTH or
Perchloron) as a paste in each 1,000 gallons of clean water needed to fill
the structure to five percent of the total volume; or add 1 fluid ounce of
5% liquid bleach to each 8 gallons of clean water; or add 1 fluid ounces of
14% liquid bleach to each 24 gallons of clean water. This gives a
concentration of about 50 mg/ 1 available chlorine in the five percent of
volume. For greatest effectiveness, add paste in batches as structure is
being filled.
2. Contact period - Allow the chlorinated water to remain in the structure
not less than 6 hours, add water to completely fill the tank and hold for 24
hours.
3. Test as in item A-4 above.
C. Procedure 3- Adding disinfectant with a Portable Chlorinator as Water
Enters the Structure.
1. Chlorine solution - Use chlorine solution sufficient to produce a
concentration of 50 mg/1(see Procedure 2), available chlorine. If the flow
rate of water is unknown and the dose cannot be computed, add chlorine
solution until a water sample shows a dark red or brown color when a
DPD chlorine residual test is run. Add to five percent as above in item 2.
2. Contact period - Allow chlorinated water to remain in the structure not
less than 6 hours, then fill the tank as above and hold for 24 hours.
3. Test as in item A-4 above.
TS10-2
10.4 RECORD OF COMPLIANCE
A. The record of compliance will be the bacteriological test certifying that the
water held in the tank is free of coliform bacteria contamination.
TS10-3
TECHNICAL SPECIFICATION NO. 20
PAINTS AND PAINTING
INTERIOR AND EXTERIOR COATING SYSTEMS
20.01 GENERAL
1. The objectives of these specifications are:
A. To govern selection of coating materials of established quality and
performance to provide optimum corrosion protection to the surfaces to be
coated.
B. To set standards of workmanship and application necessary to produce a first
class job.
C. To provide the Contractor with appropriate product information or
references thereto necessary to obtain required quality application.
Contractor shall be responsible for preparation of surfaces, application,
protection and drying of paint coatings, and for supplying the appropriate
tools, tackle, scaffolding, labor, and materials necessary to complete the
painting work.
2. All painting shall be done strictly in accordance with the paint manufacturer's
instructions and shall be performed in a manner satisfactory to the Engineer.
Painting shall be done at such times as the Engineer and the Contractor may agree
upon in order that clean, dust-free and neat work may be obtained.
3. Contractor is responsible for obtaining all necessary product data from the paint
manufacturer and/ or its representative prior to start of painting.
4. Quality of paints and coatings:
The paints and paint products of Tnemec Company, Inc., Kansas City, Missouri,
are the standard paints. The usual "or equal" clause shall apply. No request for
approval of an additional manufacturer will be considered which will decrease the
film thickness designated and/or the number of coats to be applied or which offers
a change from generic type of coating specified or its quality. Request for
additional manufacturer shall contain, in writing, the full name of each product,
descriptive literature and data sheets, instructions for use, its generic type and its
nonvolatile content by volume. In no case will a request for substitution be
TS20-1
considered unless received by the ENGINEER in writing at least seven days prior
to the established bid date.
5. Surfaces to receive paint:
A. All machinery, equipment and metal work, EXCEPT aluminum, bronze,
copper, lead and stainless steel. Galvanized surfaces are to be coated only
when so designated and proper instructions are given.
B. All exposed metal piping.
6. Operational testing of equipment, machinery, and/ or piping shall be completed
before application of finish painting.
7. Follow requirements of Section 1910.144 Safety Color Code for marking physical
hazards as set forth in Standards of OSHA, U. S. Department of Labor. Other
colors shall be selected by the Engineer Standard Color Chart.
8. Contractor shall furnish to paint manufacturer or its vendor representative a
takeoff of areas to be painted showing square footage's to be coated with each
designated generic iype paint. Based on this data, vendor shall certify that
Contractor has purchased sufficient quantities of the specified paint materials to
obtain desired film thickness as required in the painting schedule.
9. All materials and workmanship shall be guaranteed for a period of one year from
date of the Owner's Certificate of Acceptance.
20.02 WORKMANSHIP
Contractor shall employ only skilled workmen qualified to apply paints and finish
coatings. Apply paints, with approved equipment, so as to achieve even film of
uniform thickness, avoiding runs, sags, or other blemishes. Allow all coats of paint to
dry thoroughly between succeeding coats, as required by the manufacturer. Allow a
minimum of twelve (12) hours between successive coats.
Do not submerge nor bury any coated structure, nor immerse any coating until all such
coatings shall have (1) been brought to total specified dry film thickness and (2) shall
have been allowed to reach maximum cure as required for the coatings involved as
recommended by the paint manufacturer.
Apply all paints in strict accordance with the manufacturer's recommendation and
instruction.
TS20-2
20.03 PREPARATION OF SURFACES TO BE PAINTED.
Clean all surfaces to be painted. Before starting mechanical cleaning, remove all oil and
grease with mineral spirits or other low toxicity solvents with a flash point over 100
degrees Fahrenheit or use detergent, steam jenny or caustic wash and rinse. Use clean
solvent rags so as not to redistribute oil on the surface. Do not leave oily residue on
surfaces to be painted. Schedule cleaning and painting so that dust and other
contaminants from cleaning operations do not fall on wet, newly painted surfaces.
1. Metal: Remove all oil and grease with approved solvents from the metal surface
prior to blast cleaning. Grind all rough edges, weld seams and sharp corners to a
smooth finish - do not polish surfaces. rof le of he blasted steel shall be between
sandblasting as described below. The p
25%-33°/a in mils of the final dry mil thickness of the paint coating to be applied.
This profile may be checked by any means available.
A. Steel and iron (immersed or buried): Near-white (or better) blast cleaning as
outlined in surface preparation Specification SSPC SP-10. This is a part of this
document as Technical Specification No. 3.
B. Steel and iron (non-immersed or exposed): Commercial (or better) blast
cleaning as outlined in surface preparation Specification SSPC SP-6. This is a
part of this document as Technical Specification No. 2.
2. Blast Cleaning: Provide moisture separators to remove all oil and free moisture
from the air supply; nozzles, hoses, compressor and transformer must be free of oil
and water. Surface to be painted shall be clean, dry and ready to receive primer or
coating.
Dry blasted areas must be free of loose sand, dust and dirt by blowing clean with
clean air or by vacuuming.
Protect machinery and other equipment in vicinity of sandblast work, schedule
"clean/paint" operations to avoid settling of dust and grit on newly painted
surfaces.
Do not blast any more surface than can be coated the same day. Apply paint
immediately after blast cleaning. Do not coat any surfaces which show any signs
of formation of moisture or oxidation (rust).
TS20-3
20.04 INTERIOR PAINT SYSTEMS
The work covered by this section of the specification includes painting the entire inside
area of the tank. It shall also include painting any steel inside the tank such as roof
supports, ladders, safety grates, and all other items inside the tank.
The Contractor shall furnish all materials required for the painting and shall install
them in accordance with these specifications.
Interior coating shall be a three coat system of zinc rich primer/ epoxy/ epoxy with the
thickness as prescribed and approved by the Engineer. All bolted seams and weld
seams will be brush coated with a mixture of 50% epoxy, 50% thinner after prime coat
and prior to second coat.
20.05 EXTERIOR PAINTING
The work covered by this section of the specification includes painting the entire
outside surface area of the tank including all appurtenances such as ladders, handrails,
vents, piping, hatches and manways. Safety climb devices, galvanized and stainless
steel hardware and all data plates shall not be coated unless otherwise specified.
The Contractor shall furnish all materials required for the painting and shall apply
them in accordance with the manufacturer's instructions and approved by the
Engineer.
The exterior coating shall be a four coat system of zinc-rich
primer/ epoxy/ polyurethane/fluoropolymer as set forth in the Summary of Work in
the Technical Specifications. The thickness of application will be as specified and
approved by the Engineer.
The CONTRACTOR shall take all the necessary precautions to minimize "over spray"
or damage to surrounding property. This may include the use of shrouding or not
working when the winds are blowing. An alternate means would be rolling or
brushing in lieu of spraying, with the approval of the ENGINEER. Should the
CONTRACTOR determine that an over spray has occurred, immediate action shall be
undertaken to remove the paint before it has time to set. Normally if epoxy and
polyurethane are not cleaned in less than 48 hours, the paint will develop a set that will
preclude effective removal. Upon starting the work, the CONTRACTOR will provide
data as to his method of over spray removal, should an over spray occur. This may be
accomplished by either in-house forces or by a commercial cleaning company.
TS20-4
20.06 APPLICATION OF PAINT
1. Delivery - Storage: Deliver paint to job site in the original, sealed and labeled
containers of the paint manufacturer. Store paints in one convenient location
under cover to prevent harm from exposure to weather and damage from sparks
and flames. Labels must remain legible during field storage period. Empty cans
must remain on job site until painting application is approved by the Engineer.
Protect floors of this area, and other areas where painting is done, with suitable
drop cloths; remove dirty rags and wastes from the building at the end of each
day. Upon completion of painting operations, clean off all paint spots, oil and
stains from all surfaces and leave project in perfect condition as far as painting
work is concerned.
2. Mixing and Thinning: Use only those thinners and solvents specified in the paint
formulation of plaint being used, and mix only in proportions as recommended by
the paint manufacturer.
3. Atmospheric and Surface Conditions: Apply coatings at temperature above 50
degrees F., and relative humidity below 85%, and with a 15 m.p.h. wind
maximum. The 15 m.p h wind velocity mav have to be lowered if there is a
possibility of over sprav occurring. No coating work shall be done under
unfavorable weather conditions and then only with the specific approval of the
manufacturer and Engineer. All surfaces to be painted shall have their readiness
for painting approved by the Engineer before work is started.
4. Coverage and Film Thickness: Employ spreading rate prescribed by the
manufacturer for each specific paint, to obtain minimum dry film thickness as
recommended by the manufacturer and as described in this specification.
Dry film thickness shall be checked with an appropriate calibrated dry film gauge
provided by the Contractor, such as the Elcometer, Microtest or Posi-Test, or
equal. Where necessary, the Tooke Gauge may be used for film thickness
determination.
The Tooke gauge visually demonstrates the number of coats of paint as well as
total thickness and shall be used in cases of arbitration, should such instances arise.
5. Drying Times: Allow each coat of paint to dry thoroughly, as specified by the
manufacturer before succeeding coat is applied. Do not immerse coating until
appropriate dry film thickness has been obtained and finished coating system has
been allowed to cure at least seven days, or as recommended by the paint
manufacturer if longer.
TS20-5
6. Method of Application: Apply paint materials by brush, roller or spray (air or
airless) as dictated by the manufacturer's instructions and as approved by the
Engineer.
When spraying, each coat shall be sprayed on in strict accordance with the
manufacturer's recommendations. The type of spray nozzle, the fluid pressure at
the gun, the air pressure at the gun, the distance from the gun to the surface being
painted and the speed of travel of the gun shall be exactly as recommended by the
manufacturer. Thinning shall be done as recommended by the manufacturer. All
paint in the fluid pot and lines shall be cleaned out with thinner before application
of the paint is begun. The thinner may be used also for cleaning the painting
equipment at the end of each day's painting operation. Each coat shall be dry to
touch before the next coat is applied. At least itivo hours drying time shall be
allowed between coats, however, it is best to follow the recommendation of the
manufacturer. The Contractor is cautioned that small amounts of the paint fumes
are intoxicating and large amounts tend to be toxic and fatal. The Contractor shall
make provisions to keep the tank well ventilated during the spraying and drying
operations to protect the personnel and to facilitate drying of the coating by
solvent evaporation.
20.07 INSPECTION
During the sandblasting, to whichever degree of cleanliness is specified, checks must be
continually made to insure that the cleanliness called for is being met; and that the
proper profile as required by the coating system to be utilized is being achieved. The
cleanliness is covered by the SSPC Visual Standards and the profile may be checked by
use of a Testex Micrometer Dial Thickness Gauge.
During and after each coating of paint, all ferrous metal surfaces shall be checked with
an Elcometer, Microtest, Posi-Test or other approved dry film thickness gauge to insure
that the specified dry film thickness has been attained.
After the paint thickness on the inside meets the required thickness of these
specifications, the Contractor shall furnish a holiday detector such as a Tinker and
Rasor, or other suitable instrument, and test the entire surface of the paint system for
holidays. This is done by connecting the holiday detector ground connection to the
shell of the tank and connecting the detector lead to a damp sponge mop and wiping it
over the surface of the tank. Areas where holidays are found shall be marked in chalk
and recoated. After recoating, the areas shall be again rechecked with the holiday
detector. If additional holidays are found, the areas shall be recoated and rechecked
until the entire surface is free of holidays. After the holiday checking is completed, the
point of ground connection of the holiday detector shall be thoroughly painted.
Holiday detection shall not be required on the exterior surface of the tank.
TS20-6
TECHNICAL SPECIFICATION NO. 35
LEAD ABATEMENT
35.01 SCOPE
This specification covers the requirements for lead abatement projects where lead levels
exceed 1.0%. The Contractor must not only protect his workers in accordance with
OSHA regulation but also must insure the environment is protected in accordance with
EPA regulation.
35.02 LEAD LEVELS
The coatings on this project have been tested and contain lead levels above 10,000 ppm
or above 1.0%. A copy of the test results are provided in the Drawings Section.
35.03 REFERENCES/DEFINITIONS
a. Texas Commission on Environmental Quality (TCEQ) guidelines including
TCEQ Rule 111.135 for removing coatings on elevated water storage tanks.
b. 29 CFR 1926.62, Lead. (OSHA)
c. Steel Structures Painting Council (SSPC) Lead Removal Guides:
- SSPC - Guide 6(CON) - Guide for containing debris generated during paint
removal operations
- SSPC - Guide 7(DIS) - Guide for disposal of lead-contaminated surface
preparation debris
d. Lead-containing paint on this project is any paint containing more than 10,000
ppm or 1.0% of lead as tested in a laboratory in accordance with ASTM D-3335.
e. Hazardous waste: Paint debris is classified as hazardous waste due to the
characteristic of toxicity, if after testing to Toxicity Characteristic Leaching
Procedure (TCLP), the leachate contains any of the elements in the
concentrations listed below:
Barium 100 mg/ 1
Cadmium 1 mg/ 1
Chromium 5 mg/1
TS35-1
Lead 5 mg/1
f. Generator: The OWNER of the tank is the generator for this project.
The CONTRACTOR for the lead paint removal on the tank is a co-generator.
g. Containment System: Includes the containment structure i.e., walls, floor,
supporting structure and entryways used to surround the tank to control the
dust and debris generated by the Contractor during lead paint removal.
h. Ventilation System: Includes forced air input such as fans or blowers to
circulate air inside containment structure and exhaust air filtration such as dust
collectors to trap and filter air before it leaves the containment structure.
35.04 ABRASIVE BLASTING CONTROL REQUIREMENTS
4.1 The control requirements of TCEQ TACB Reg.1 for coatings containing
more than 10,000 ppm lead are the control requirements for removing the
lead coating by abrasive operations.
4.2 Shrouded wet abrasive or hydroblast are the only methods approved for
removal of the exterior coatings on this project.
4.3 Dry abrasive blasting of the interior coating is approved as long as no
visible emissions to the atmosphere result from such cleaning.
35.05 CRITERIA FOR CONTAINMENT SYSTEM
1. The Contractor will design a containment system for the work area that is an
SSPC Class 2A or better in accordance with above reference SSPC Guide 6
(CON). See Table at the end of this document.
The containment will control environmental emissions according to the criteria
listed in Section 35.06 of this specification and control the working environment
within the containment according to the criteria listed in Section 35.07 of this
specification.
In the event of a conflict between SSPC Guide 6(CON) and this specification,
the requirements of this specification will prevail.
In addition to the containment structure, ground covers will be used beneath
the containment to prevent contamination of the soil.
The Class 2A Containment must have all of the following components:
TS35-2
95% shade factor flexible shrouding material supported by a flexible cable style
structure. The joints must be fully sealed and the entryway must be
overlapped. Forced air through the use of fans or blowers must be used to
move air inside the containment structure at a minimum cross draft velocity of
100 ft./min or minimum down draft velocity of 60 ft./min. If dust collectors
are used, they must be sized using the controlling minimum velocity and
must be positioned to trap and filter air before it leaves the structure.
2. The Contractor must inspect the structure thoroughly to insure the
containment structure can be properly supported. This includes inspection of
the roof support system prior to containment support system design.
3. The Contractor must submit containment system design to include dead load
considerations to the Engineer for review. Sizing criteria for dust collectors, if
used, must also be included. The design must also address removal of the
containment support system from the structure to insure the new coatings are
not damaged.
35.06 CRITERIA FOR CONTROLS OVER ENVIRONMENTAL EMISSIONS
1. Monitoring environmental emissions to include all costs associated with
obtaining and operating the required equipment and testing procedures are the
responsibility of the Contractor. Air and soil conditions will be monitored by
the Contractor for this period.
2. Air quality in the immediate vicinity of the project will be monitored by the
Contractor to insure it is not contaminated with lead due to the Contractor's
work methods in removal of the lead paint.
Note: This is the purpose of the containment system and the air monitoring is a
check on how well the containment system is working.
3. Ambient Air Quality - the criteria for assessing the adequacy of the controls
over lead particulate emissions will be as follows:
3a. Emissions in excess of 6.75 micrograms per cubic meter of TSP (total
suspended particulate) Lead over an 8 hour period will be
cause for shutdown of the project until corrections to the containment are
made to comply with this level.
TS35-3
Note: This level is based on an average work day of S hours for 60 days of
surface preparation to insure the quarterly average of 1.5 microgram per
cubic meter over a 24 hour day is not exceeded.
3b. Monitoring for this level will be accomplished using high volume TSP air
samplers. Three (3) samplers will be used and the exact location of the test
sites will be determined by the Engineer. Generally, one will be placed
upwind, one downwind and one near the entryway of the containment
system. Locations of high risk such as schools will also be considered in
placement of TSP monitors.
3c. Three days of baseline monitoring will be conducted prior to abrasive
blasting in order to determine pre-existing conditions.
3d. Monitoring will be continuous for the first 5 work days of abrasive blasting.
If all readings are below the required emissions, frequency of monitoring
may be reduced by the Engineer. It is anticipated that frequency level will
not fall below one (1) reading per sampler per week.
3e. All monitors will remain in place during the entire project or until the
Engineer releases the Contractor from this requirement. Release from
monitoring must be in writing. Once all abrasive blasting is complete,
monitoring operations will normally cease.
3f. It benefits the Contractor to obtain test results in a timely manner since
monitoring must be done daily until continuous positive results are
evidenced by the Engineer. The Contractor must submit the name of the
testing lab to the Engineer and also the anticipated turn-around time to
receive test results.
4. Soil Quality: The Contractor will not contaminate the soil with lead. Samples
of the soil will be removed and tested by the Contractor for total lead content at
specific locations prior to project start-up and at the same locations upon
completion.
4a. The total number of soil samples will be approximately twenty (20) with
half being taken before and half being taken after the project is completed.
The exact location of the soil test sites will be determined by the Engineer.
4b. Laboratory analysis for total lead content of the soil will be conducted in
accordance with EPA Method 3050.
TS35-4
4c. It will be the Contractor's responsibility to return the soil to background
levels if the analysis upon project completion shows an increase in soil
levels above 100 ppm lead.
35.07 CRITERIA FOR CONTORL OVER WORKER PROTECTON
1. OSHA requirements for the protection of workers will be in accordance with 29
CFR 1926.62. Lead.
2. A written Worker Protection Program addressing compliance with each of the
items below shall be provided by the contractor.
1. Action level
2. Permissible exposure limit
3. Exposure assessment monitoring
4. Compliance plan
5. Respiratory protection
6. Protective work clothing and equipment
7. Housekeeping
8. Hygiene facilities and practices
9. Medical surveillance
10. Medical removal protection
11. Employee information and training
12. Signs
13. Record keeping
14. Observation of monitoring
3. Competent Person - The Contractor must identify in writing the name, job title
and qualifications of the person that will be designated as the competent
person on the project site.
3a. By OSHA definition, the competent person has the knowledge required to
recognize problem areas in lead abatement and the authority to shut the job
down until the problem is corrected.
3b. The competent person must be on site full time during all lead abatement
operations such as abrasive blasting or removal of debris.
3c. The project foreman may be designated as the competent person but he must
have the required training to ensure his competency in lead removal projects.
Twenty years of lead paint application/removal does not necessarily make the
person competent since the OSHA requirements and the many aspects of
complying with it only became effective in late 1993. Accordingly, recent
TS35-5
training & Certification by SSPC, NACE or other acknowledged sources such
as trained Professional Engineers or a Certified Industrial Hygienist is required
to be considered current and competent. Photocopies of Certificates of
Training must be furnished to the Owner to prove that the competent person is
indeed trained for lead abatement according to OSHA requirements.
35.08 CRITERIA FOR HANDLING HAZARDOUS WASTE
1. The Owner is the generator of the waste for this project and the Contractor is
the co-generator.
2. The Contractor is responsible for implementing the following procedures in
dealing with the lead paint removal debris:
a. Representative samples of the debris will be selected and tested by TCLP.
At a minimum, 4 samples will be tested per roll off container. This is a rate
of 1 TCLP/4 tons of abrasive debris.
b. The Contractor is required to submit the name of the laboratory doing the
testing. If possible, the same laboratory doing the air monitoring should be
considered.
3. Waste Stabilization: The Contractor is advised that stabilization of the debris to
reduce its leachablility is permitted.
a. The use of propriety materials added to the abrasive (e.g., Blastox - TM) is
allowed.
4. Hazardous Waste: if the tests of the debris show the waste to be hazardous, the
following requirements will apply:
Site Storage and Handling:
a. The Contractor will use proper containers to store waste on site.
Containers must be sealed to prevent wind from dispersing debris.
b. Paint debris will not be placed directly on the uncovered ground and must
be shielded to prevent dispersion of the debris by wind or rain.
c. Any evidence of improper storage will be reason to shut job down until
corrective action is taken.
d. The Contractor must apply for an EPA identification number.
TS35-6
e. The Contractor may hire a licensed waste disposal contractor to assist in the
handling and disposition of the debris.
5. Transportation and Disposal of Debris;
a. The Contractor must arrange to have the debris transported from the site
and disposed of properly in accordance with TCEQ Waste Disposal
Guidelines.
b. The Contractor may employ only licensed transporters and only licensed
disposable facilities may be used.
c. Signed manifest will be returned to the Engineer to verify that all steps of
handling and disposal process have been completed properly.
d. Final completion of the project will not be given including recommendation
for final payment until all manifests have been submitted to the Engineer.
6. Clearance Testing:
The Contractor will thoroughly vacuum, wash or otherwise decontaminate
reusable items prior to removal from the project site. This includes but is not
limited to equipment, all shrouding materials, ground covers, change and
shower facilities. If adequate cleaning is not possible, the materials will be
treated as waste and disposed of properly.
35.09 SUBMITTALS: The Contractor will provide written programs for each of the
items below a minimum of 30 days prior to beginning work.
1. Abatement Program: The Contractor will provide a written plan for the
methods to be employed for surface preparation to remove the lead
contaminated paint, containment of the structure during abatement, ventilation
and collection of debris.
2. Environmental Monitoring Program: The Contractor will provide a written
plan for the monitoring of soil and air protection procedures. This plan will
include the name and location of the laboratory to be used for testing. It will
also include the type and name of the high volume air monitors to be
employed.
3. Worker Protection Program: The Contractor will provide a written plan for the
protection of his workers in accordance with 29 CFR 1962.62. The plan will
TS35-7
include the name of the laboratory that will do the blood lead testing and the
name and location of the laboratory that will test the personnel air monitors for
exposure assessment. The Plan must also address required training and
Certification of such training for all workers and the competent person.
4. Disposal of Debris Program: The Contractor will submit a written plan
detailing the procedures used to properly handle, store and test debris to
determine if it is hazardous. In addition, the program must identify the license
number of transporters and disposal facilities to be employed. The written
program must also explain how manifesting will be addressed.
5. TCEQ Notification: Contractor shall notify in writing the appropriate
TACB regional office and any local authorities having jurisdiction over
abrasive blasting activities of the blasting in writing in accordance with TCEQ
Rule 111.135. Prior to notification, contractor shall submit a copv to the
Engineer for approval. Per Rule 111.135, the notification must include:
(1) the location of the tank;
(2) the name of the abrasive blasting company;
(3) the weight percent of lead in the coating;
(4) the control methods to be used; and
(5) the expected hours of operation and scheduled start and finish dates.
TS35-8
TECHNICAL SPECIFICATION NO. 40
WELDING CARBON STEEL
40.01 GENERAL
A. All welding performed on the tank or structure will be done in
accordance with American Welding Society (AWS) Structural Welding
Code D1.1.
B. All metal used for the fabrication of manways, hatches, ladders or other such
accessories to be permanently welded to the tank or structure will meet the
specifications of ASTM A36 Group One carbon steel with a minimum yield
point of 36,000 PSI.
C. All material must be purchased from United States and the bill of lading
provided to document same. No purchased of foreign steel will be allowed.
40.02 WELDING PROCESS
All welders will be qualified under the AWS D1.1 code with shielded metal arc
welding (SMAW) procedures. Minimum plate thickness for welding test will be lh"
using E6010 or E7018 electrodes. Welders will only weld in positions for which they
have been tested and qualified.
40.03 WELD SIZE
The minimum filet weld size shall be as follows:
1/4' -1/z" base metal thickness = 3/16" fillet weld
over 1/2 " - 3/4" base metal thickness =1/4' fillet weld
over 3/4' -1" base metal thickness = 5/16" fillet weld
40.04 SYMBOLS AND DEFINITIONS
Standard symbols and definitions will be as stated in the AWS Code D1.1.
TS40-1
40.05 WORKMANSHIP
A. Welding shall not be done when the ambient temperature is lower than zero
degrees F or when surfaces are wet or when wind velocities are greater than 15
MPH.
B. Base metal preparation shall insure the surfaces to be welded are smooth and
free from tears, cracks or other discontinuities. The surfaces shall be free of
dirt, grease, loose mill scale, rust, slag and other foreign substances.
C. The completed weld surface will be ground smooth and flush to produce a
workmanlike finish capable of being coated.
D. All weld spatter will be removed from the weld area.
E. The parts to be joined by fillet welds will be brought together as close as
possible. If the separation is greater than 1/16", the leg of the fillet weld will be
increased by the amount of the root opening. The root opening will not exceed
3/16".
F. Discontinuities such as undercut, unfilled craters and porosity will be repaired.
Repairs will be made using grinders or by gouging in order to remove the
unacceptable portion of the weld.
G. Fillet welds may be slightly convex, flat or slightly concave. The maximum
convexity and concavity shall be 1/16".
40.06 FILLER METAL
A. Filler metal requirements for welding with SMAW procedures will meet the
requirements of AWS 5.1 Mild Steel Covered Arc Welding Electrodes.
B. Electrode type will be either E6010 or E7018. Welders must be qualified for the
specific electrode used.
C. Electrodes will be purchased in hermetically sealed containers and shall be dry
before use.
D. Low-hydrogen electrodes may only be dried once.
E. Electrodes that have been wet will not be used.
TS40-2
40.07 PROCEDURE
A. The classification and size of the electrode, arc length, voltage and amperage
shall be suited to the thickness of the material, type of groove and welding
position. Welding current shall be within the range recommended by the
electrode manufacturer.
B. The maximum diameter of electrodes shall be as follows:
(1) 5/16" for all welds made in flat position except for root passes.
(2) 1/4' for horizontal fillet welds.
(3) 1/4" for root passes of fillet welds in the flat position.
C. The maximum size of single-pass fillet welds and root passes of multiple-pass
fillet welds shall be as follows:
(1) 3/8" in the flat position.
(2) 5/16" in the horizontal or overhead position.
(3) 1/2" in the vertical position.
D. The progression of all passes in the vertical position shall be upwards.
40.08 INSPECTION
A. All welds will be visually inspected by a Certified Welding Inspector using
nondestructive techniques.
B. All discontinuities will be repaired. Most commonly encountered
discontinuities include porosity, slag, incomplete fusion, incomplete
penetration, undercut, overlap and cracks.
C. Repairs will be made at the Contractor's expense. Work will not proceed
further until defective welds are repaired.
TS40-3
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DEE3,
D U N H A M
ENGtNEERtNG
Inspectfon. DesJgn. Results.
DUNHAM ENGINEERING, INC.
www.DunhamEnqineerinq.com
Texas Registration Number: F- 002253
13141 Hill Rd., College Station, TX 77845
Phone: (979) 690-6555 Fax: (979) 690-7034
Report of Inspection
East Elevated Water Storage Tank at 600 Block of 25th Street NE
Paris, Texas
Conducted by: Travis C. Tatum, P.E.; Jimmy D. Dunham, P.E.;
Burnie Burns, CWI, CCI
Date: January 4, 2012
1. CONSTRUCTION
The 1.OMG welded steel tank was built by PDM in 1957 and is supported by
ten welded steel legs. The height to low water level is 107 and the height to
upper capacity level is 150'. The overall height of the structure is approximately
165'. The shape of the bowl is a double ellipse.
The structure is located in a residential area and surrounded by a security fence.
The overall working area within the fence is approximately 125' x 125'.
2. FOUNDATION
The ten welded steel pipe legs are anchored to the concrete footings with two
anchor bolts per leg. The concrete footings are level and in good condition.
The footings project above grade approximately 1'. The nuts are tight on the
anchor bolts and the bolts are snug in the concrete. The base plates and bolts
are rusting. No evidence of uneven settlement was observed.
3. RISER PIPE
The 5' diameter wet riser is plumb with no leaks noted. The 24" diameter
manway in the base was not opened for the inspection. The riser is anchored to a
concrete foundation with bolts that are in good condition as is the concrete. The
riser has no interior ladder. A safety grate is covering the interior riser pipe
operung.
A metal control building is attached to the base of the riser pipe. The door to the
structure is locked.
4. LEVEL DEVICE
A pressure gauge at the base of the riser is located inside the metal building and
is operational. The tank is also equipped with liquid level electrodes.
5. OVERFLOW
The 12" diameter overflow pipe runs on the exterior of the tank and ends at
ground level with a flap valve that does not properly close. The base of the
overflow weir is rusting. The pipe discharges onto a concrete splash pad that is
insufficient for the volume of water that may be discharged. One of the
welded pipe supports is cracked, and isolated corrosion damaged areas were
noted along the pipe.
6. RODS & STRUTS
The 60 wind rods and 20 riser rods are straight with no excessive bending noted.
No problems were noted with their pinned connections.
The tower structure has two strut levels. The 20 struts are level and in good
condition. The struts are structural steel channels stitch welded back to back. No
problems were noted with their connections.
7. LADDERS
The exterior ladders are in fair condition with no loose rungs or bolts noted. The
leg ladder is cut off 10' above grade and has a cable style safety climb device.
The roof rolling ladder runs from the upper side wall at the balcony to the top
vent and is in fair condition and is equipped with a cable style safety climb
device. The ladder at the balcony runs to the bottom of the roof rolling ladder;
has no safety climb device and is in fair condition.
The interior bowl ladder is in poor condition and is not properly positioned
for safe access. The ladder has no safety climb device.
8. BALCONY
The balcony is in generally good condition with approximately 10% of the floor
plate area rusting. The 36" high handrails are in good condition with no
cracked welds noted.
2
The balcony has no manway. The handrails are supporting several antennas,
and coax cables are running across the top of the handrails.
9. TOP HATCH
The 24" diameter top hatch operates properly and is locked. A 30" square hatch
is located on the roof near the vent and is also locked. The 30" hatch has an
aluminum hatch cover that is not hinged.
10. TOP VENT
The 24" diameter vent is in fair condition due to corrosion damage. The vent is
properly screened.
11. ROOF
The roof is properly sloped and in good condition. The roof is supported by 16
truss rafters that run from the wall to the center rafter support ring. The rafters
are in poor condition due to corrosion damage to the 32 lateral support rods.
Half of the rods are hanging down and providing no support. At least two have
fallen in the tank. The remaining rods are severely corroded.
12. OBSTRUCTION LIGHTS & ANTENNAS
The structure has no obstruction lights. Numerous antennas are located on the
handrails and tank roof. Coax cables are attached to the right side of the ladder.
A rigid conduit run is located on the left side of the ladder but is not hooked
up to power. A communications building is located adjacent to the leg ladder.
13. INTERIOR
The tank was partially drained for the inspection. Access was gained
through the top hatch and down the interior ladder. The water level was at the
balcony. No evidence of insects or floating debris was noted. The water quality
was clear. The bowl walls have evidence of prior corrosion damage in the form
of shallow pitting.
14. PROTECTIVE COATINGS
The exterior coating system is not providing adequate corrosion protection.
Approximately 5% rust was noted on the overall exterior of the structure.
Approximately 25% of the paint system is peeling. The coating system
consists of a lead based alkyd prime coat with epoxy and aluminum topcoats.
The average thickness is 25 mils and the coating system is not tightly
adhered to the steel. The lead content is in excess of 13,000 ppm or 1.3 % by
weight (laboratory analysis attached).
The interior coating is an epoxy system of 20 mils and is in fair condition.
Approximately 5% rust was noted on the interior tank shell. All of the rafters
are rusting. The lead content is approximately 60 ppm.
15. CATHODIC PROTECTION
The tank has an abandoned impressed current cathodic protection system that is
not operational. The anode cover plates on the roof are not properly sealed,
and one is completely missing. A total of 16 anode access holes are located on
the roof.
16. CONCLUSIONS & RECOMMENDATIONS
a) The structure was built in 1957 and is in need of rehabilitation. The roof
support structure and the protective coatings are damaged beyond repair
and should be replaced.
b) The protective coatings are no longer providing adequate corrosion
protection and need to be replaced. The high lead content in the exterior
coating requires engineering controls to protect the environment when it is
removed (laboratory analysis attached).
c) The roof support system is in poor condition due to severe corrosion
damage. The lateral support rods for the truss rafters are corroded and some
are broken. Access onto the roof and into the tank should be restricted until
the roof support is repaired.
d) The anode cover plates on the roof are not properly sealed and one is
completely missing, resulting in a 6" diameter hole into the water
compartment.
e) Estimated construction cost to completely rehabilitate the structure,
including containment and lead abatement per TCEQ regulations is
$600,000.
4
Exterior view
Exterior view
Riser manway
Tower support structure
Data plate
Overflow exit
Cracked overflow pipe support
Typical foundation with damaged grout
First strut level
Leg ladder and control buildings
Second strut level
10
Typical wing plate connections
11
Riser-bowl connection
Ladder and balcony
Balcony
12
Overflow pipe above balcony
Roof and vent
13
Roof ladder and 30" hatch
24" hatch
14
Missing anode cover
Roof
15
Interior roof support structure
16
Corroded rafters and ladder
Center support ring
17
Interior water compartment
Severely corroded rafter connections
ThOMAs ANAlyTiCAI
Environmental & AnalyticaJ Testing Services
SQIL • PIANT TISSUE • WATER • WASTEWATER
Comgany: Dunham Engineering
Submitted By: Jim Dunham
Clicnt Code: 006
Report No.: 001027
Location: City of Paris, TX EST 26 NE
Page 1 of 2
Report Date: 09/22103
Date Collected: 09116103
Date Received: 09/18/03
Matrix: Paint Ciiips
Sam le ID: Exterior Paint Lab ID: 001027-1
Parameter Result MDL Units Tech Date Time Method
Lead 13,250 20 ppn: A3A 009/2?J03 8:15 7420*
Sam le ID: Interior Paint Lab ID: 00 1027-2
Parameter Result AZDL Units Tech Date Time Method
Lead 60 20 pprn AJA 09/22/03 8:15 7420*
am le ID: Blank Lab ID: 001027-B1k
'arameter Result MDL Units Tech Date Time A'tethod
Lcad <0.2 0.2 ppm AJA 09/22J03 8:15 7420*
* Test Methods for Evaluating Solid Waste, EPA SW-846
^1
, Jacob Alan' _
Laboratory Ma -er ~
Thomas Analytical Senrices, Inc.
2151 Harvey Miichell Pkwy. S., Suite 303 • College Station, TX 77840-5237
Telephone (979) 680-180 1 • Fax (979) 764-2152
Website: www.thomasanalytical.com • Email: info@thomasanalytical.com
SSPC-Guide 6
October 1, 2004
2.3.3 Ventilation System: Ventilation systems include
both natural ventilation and mechanical ventilation (fans, hoods,
and duct work), to provide air movement across the work area,
and dust collectors to clean the discharged air.
2.3.4 PM-10: Particulate matter (dust) less than 10 mi-
crometers (0.39 mils) in aerodynamic equivalent diameter.
(Aerodynamic equivalent diameter is defined as the diameter
of a unit density sphere having the same settling velocity as
the particle in question, regardless of its shape and density.)
PA Guide 5
Guide to Maintenance Coating of
Steel Structures in Atmospheric
Service
Guide 7
Guide for the Disposal of Lead
Contaminated Surface Preparation
Debris
Guide 16
Guide to Seledion of Dust Collectors
TU 7
Conducting Ambient Air, Soil, and
Water Sampling During Surface
Preparation and Paint Disturbance
Activities
2.3.5 Permfssible Exposure Limit (PEL) for Lead:
Maximum allowable employee average exposure per OSHA
General Industry Standard 29 CFR 1910.1025 and OSHA
Construction Industry Standard 29 CFR 1926.62.
2.3.6 Time Weighted Average (TWA): Concentrations
of airborne toxic materials which have been weighted for a
certain time duration, usually eight hours.
2.3.7 Impenetrable: Impervious to dust and wind.
2.3.8 Impermeabie: Impervious to water.
3. Referenced Documents
3.1 The latest issue, revision, or amendment of the refer-
enced standards in effect on the date of invitation to bid shall
govern, unless otherwise specified. Standards marked with
an asterisk are referenced only in the Notes, which are not
requirements of this specification.
3.2 If there is a conflict between the requirements of any
of the cited referenced standards and this specification, the
requirements of this specification shall prevail.
NOTE: New governmental regulations or amendments
to existing ones become effective as scheduled by the gov-
ernmental agency, independent of the date of bid.
3.3 SSPC: THE SOCIETY FOR PROTECTIVE COAT-
INGS:
AB 2 Specification for Cleanliness of Re-
cycled Ferrous Metallic Abrasives
3.4 U. S. GOVERNMENT CODE OF FEDERAL REGU-
LATIONS:
29 CFR 1926.62
29 CFR 1910.1025
40 CFR, Part 50
Appendix G3
Interim Final Rule on Lead Expo-
sure in Construction'
Occupational Safery and Health
Standards (Lead)2
National Ambient Air Quality
Standard for Lead
3.5 U. S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES, NATIONAL INSTITUTE FOR OCCUPATIONAL
SAFETY AND HEALTH ADMINISTRATION (NIOSH):
Method 7082 Lead°
Method 7300 Elements5
3.6 U. S. DEPARTMENT OF LABOR, OCCUPATIONAL
HEALTH AND SAFETY ADMINISTRATION6
OSHA 3142 Lead in Construction
3.7 U. S. ENVIRONMENTAL PROTECTION AGENCY:'
Method 3050 AcidDigestionofSediments,Siudges
and Soils
3.8 AMERICAN CONFERENCE OF GOVERNMENTAL
INDUSTRIAL HYGIENISTS:B
Industrial Ventilation - Manual of Recommended
Practices
' Text can be found at http://www.osha.gov/pls/oshaweb (10/2002)
2Text can befound at http://www.osha.gov/pls/oshaweb (10/2002)
3 Text can be found at http://a257.g.akamaitech.net/7/257/2422/12feb20041500%docket.access.gpo.gov/cfr_2004fjulqtr/40cfr50.12.htm
" Text can be found at http://www.cdc.gov/search.do?action=search&queryText=Method+7082
5 Available from http:/Nuww.cdc.gov/niosh/nmam/pdfsl7300.pdf
fi http:/hvww.osha.gov/SLTC/constructionlead/index.html has links to downloadable. pdfs of this rule.
' US Environmental Protection Agency (EPA), 1200 Pennsylvania Avenue, NW, Washington, DC 20460; http://www.epa.gov/epaoswer/haz-
waste/tesU3_series.htm
B American Conference of Governmental Industrial Hygienists, 1330 Kemper Meadow Drive, Cincinnati, Ohio 45240, 513-742-2020. www.
acgih.org
9-2
SSPC-Guide 6
October 1, 2004
involves the use of more elaborate containment components
than Class 1 for power tool cleaning (designated 1 P). For this
reason, individual tables have been prepared to identify the
containment components for each of the classes according to
the type of removal method.
When vacuum shrouding is employed around the removal
tool, controls equivalent to Class 1 may be achieved through
the use of ground covers or free hanging tarpaulins.
4.2.2.1 Class 1: This system provides the highest level
of emissions control. For abrasive blast cleaning, Class 1 A
normally requires air impenetrable walls, ceiling, and floors,
as applicable, with rigid or flexible framing, fully sealed joints,
airlock or resealable entryways, and negative air pressure
achieved by forced or natural air flow (verified by instrument
or visual monitoring) and exhaust air filtration. [NOTE: Class
2 from the original 1992 Guide 61(CON) was combined with
Class 1 in 1994 and designated as Class 1 A.]
For wet methods of preparation, Class 1 W normally re-
quires water impermeable walls, ceiling, and floors with rigid
or flexible framing, fully sealed joints, resealable entryways,
and negative air achieved by forced or natural air flow (verified
visually) and exhaust air filtration.
For chemical stripping, Class 1 C normally requires water
impermeable and chemical resistant walls, ceiling, and floors,
as applicable, and floors with rigid or flexible framing, fully
sealed joints and overlapping entryways, and forced or natural
air flow with exhaust air filtration.When pressure washing is
used to remove the dislodged paint, it may be necessary to
specify one of the containments from Table W for the control
of the water and waste.
For hand or power tool cleaning, Class 1 P normally
requires air impenetrable walls with rigid or flexible framing,
fully sealed joints, resealable entryways, and negative air
achieved through forced or natural air flow (verified visually)
and exhaust air filtration.
4.2.2.2 Class 2: This system provides a high level of
emissions control.
For abrasive blast cleaning, Class 2A normally utilizes
air impenetrable walls, ceiling, and floors, as applicable, with
rigid or flexible framing, fully sealed joints, partially sealed
entryways, negative air pressure achieved by forced or natural
air flow (verified visually) and exhaust air filtration. [NOTE:
Class 3 in the original 1992 Guide 61(CON) was redesignated
as Class 2A in 1994.]
For wet methods of preparation, Class 2W normally
requires water impermeable walls, ceiling, and floors, as ap-
plicable, rigid or flexible framing, fully sealed joints, overlapping
entryways, and natural air flow.
For chemical stripping, Class 2C normally requires water
impermeable and chemical resistant walls, ceiling, and floors,
as applicable, and floors with rigid or flexible framing, fully
sealed joints, overlapping entryways, and natural air flow.
When pressure washing is used to remove the dislodged paint,
it may be necessary to specify one of the containments from
Table W for the control of the water and waste.
For hand or power tool cleaning, Class 2P normally requires
air penetrable or impenetrable walls, ceiling, and floors, as ap-
plicable, rigid orflexible framing, fully sealed joints, overlapping
or open seam entryways, and natural air flow.
4.2.2.3 Class 3: This system provides a moderate level
of emissions control.
For abrasive blast cleaning, Class 3A normally utilizes air
penetrable walls, ceiling, and floors, as applicable, with rigid
or flexible framing, partially sealed joints and entryways and
exhaust air filtration. [NOTE: Class 4 in the original 1992 Guide
61(CON) was redesignated as Class 3A in 1994.]
For wet methods of preparation, Class 3W normally
requires water impermeable walls, ceiling and floors, as ap-
plicable, minimal framing, partially sealed joints, open seam
entryways, and natural air flow.
For chemical stripping, Class 3C normally requires water
impermeable and chemical resistant walls, ceiling, and floors,
as applicable minimal framing, partially sealed joints, open
seam entryways and natural air flow. When pressure washing
is used to remove the dislodged paint, it may be necessary to
specify one of the containments from Table W for the control
of the water and waste.
For hand or power tool cleaning, Class 3P normally re-
quires air penetrable walls, ceiling, and floors, as applicable,
minimal framing, partially sealed joints, open seam entryways,
and natural air flow.
4.2.2.4 Class 4: This system provides a minimal level
of emissions control. For abrasive blast cleaning, Class 4A
normally utilizes air penetrable walls ceiling, and floors, as
applicable, with flexible framing, open seams and entryways,
and natural air flow.
For wet methods of preparation, Class 4W utilizes water-
penetrable walls, ceiling, and floors, as applicable, with flexible
framing and natural air flow to collect dislodged debris while
allowing the water to pass though. For chemical stripping, this
class is not applicable.
For hand or power tool cleaning, this class is not ap-
plicable.
4.2.2.5 Containment Class Tables: Tables A, W, C, and P
list various containment and ventilation components which can
be utilized to achieve these different classes. Table A is used
for abrasive blast cleaning, Table W for water blasting/water
jetting, Table C for chemical stripping, and Table P for hand or
powertool cleaning. The components are described in Sections
5.3 and 6.4. Note that other combinations of containment and
ventilation components may provide dust and debris control
similar to those suggested in the tables.
4.2.3 OtherConsiderations in Specifying and Selecting
Containment Systems:
a. Type of structure (simple flat plate or beams versus
complex trusses and joists).
9-4
SSPC-Guide 6
October 1, 2004
5.1.3 Power Tool Cleaning with LocaUzed Exhaust:
Includes power tools which contain integral vacuum-equipped
shrouding. A brush or rubber sieeve on the shrouding conforms
to the surface to enhance the control of dust and debris col-
lection.
5.1.4 Waterjetting Without Abrasive: Includes all types
of pressurized water jetting systems. The action of the water
with or without cleaning solutions or rust inhibitors provides
the cleaning. Pressures are as stated by the manufacturer of
the equipment. Note that when removing hazardous paints,
high pressures and certain cleaning solutions may cause the
hazardous substances to be carried with the water. This water
should be recycled or collected and disposed of properly. Water
jetting at pressures from 10,000 to 30,000 psi is often called
high pressure water jetting, and, at pressures over 30,000 psi,
ultra high pressure water jetting.
5.1.5 Waterjetting With Abrasive: Includes pressurized
water jetting systems with abrasive injection. Variations may
mix abrasive and water in a separate tank or at the nozzle,
or inject abrasive into the water stream. Pressures required
as stated by the manufacturer of the equipment. Note that
when removing hazardous paints, high pressures and certain
cleaning solutions or rust inhibitors may cause the hazardous
substances to be carried with the water. This water should be
recycled or collected and disposed of properly. Water jetting
at pressures from 10,000 to 30,000 psi is often called high
pressure water jetting, and, at pressures over 30,000 psi, ultra
high pressure water jetting.
5.1.6 Wet Abrasive Blast Cleaning: Includescompressed
air blasting systems that incorporate water into the blast stream.
Variations may mix abrasive and water in a separate tank or
at the nozzle, or apply the water to the abrasive as it exits the
nozzle. Pressures are required as stated bythe manufacturerof
the equipment. Note that when removing hazardous paints, high
pressures and certain cleaning solutions or rust inhibitors may
cause the hazardous substances to be carried with the water.
This water should be collected and disposed of properly.
5.1.7 Open Abrasive Blast Cleaning wlth Expendable
Abrasives: Blast cleaning using compressed air to propel
abrasives through noules. The spent abrasives, paint, debris,
trash, etc. are collected for disposal. Expendable abrasives
are those which are not normally reused after the initial blast.
For the purposes of this guide, expendable abrasives include
natural minerals (e.g., quartz sand, flint, garnet, staurolite,
olivine, etc.), and mineral slags formed in electric power gen-
eration (coal slag) or in smelting metals such as copper or
nickel. Manufactured abrasives, such as aluminum oxide, and
vegetable abrasives (e.g., walnut shell, corn cob, etc.) might
also be included. CAUTION: Some expendable abrasives may
contain heavy metals.
5.1.8 Open Abrasive Blast Cleaning with Reusable
Abrasives: Blast cleaning using compressed air to propel
abrasives through noules, except that the abrasives are col-
lected, cleaned of paint and debris, and reused. Cast steei,
malleable iron, chilled cast iron, garnet, and aluminum oxide
abrasives are typically used. An abrasive's ability to be re-used
depends on its type, durability, and hardness. (For more infor-
mation, see SSPC-AB 2.)The abrasive reclaimer (collection
and cleaning equipment) may be an integral part of the blast
machine or it may be housed in a separate machine. Blast-
ing and abrasive reclamation may operate simultaneously or
independently. The use of re-usable abrasives may reduce
the volume of waste by a factor of 50 or more compared to
expendable abrasives.
5.1.9 Closed Abrasive Blast Cleaning with Re-Usable
Abrasives: Blast cleaning using compressed air or centrifugal
wheels within a vacuum assembly to propel abrasives toward
a surface and simultaneously remove the abrasive and debris.
Once the collected abrasives are cleaned of paint and debris,
they are reused. Reusable abrasives may reduce the volume
of waste by a factor of 50 or more compared to expendable
abrasives. Systems can be recirculating or non-recirculating.
5.1.9.1 Vacuum Blasting: Blast cleaning using com-
pressed air to propel abrasives toward a surface. A special
vacuum assembly equipped with a brush or rubber sleeve
surrounds the blast nozzle, sealing it to the surtace. The seal
must be maintained between the assembly and the surface
to create a completely closed blasting cycle. The abrasive is
recirculated automatically, cleaned of paint and debris, and
returned for reuse. Cast steel, malleable iron, chilled cast iron,
and aluminum oxide abrasives are typically used.
5.1.9.2 Wheel Blast Cleaning: Blast cleaning wheel as-
semblies that propel abrasive to the surface using centrifugal
force. A special vacuum assembly with a mask that seals the
centrifugal wheel assembly to the surface is required. The seal
must be maintained between the assembly and the surface
to create a completely closed blasting cycle. The abrasive is
recirculated automatically, cleaned of paint and debris, and
returned for reuse. Cast steel, malleable iron, or chilled cast
iron abrasives are rypically used.
5.1.9.3 Mechanlcal Non-Recirculating Blast System:
Equipmentthat shrouds the blast nozzle to contain and remove
the debris. The abrasive may or may not be reused. If it is
reused, cleaning the debris from the abrasive is accomplished
as a separate operation.
5.1.10 Chemical Strlpping: Use of chemical stripping
solutions or slurries applied to the paint surface. Effectiveness
of the chemicals may be enhanced by applying a cover such
as cloth or paper to the surtace after application to prevent
9-6
SSPC-Guide 6
October 1, 2004
evaporation. The softened paint is removed by peeling the
cover or by hand scraping. Washing, flushing, and neutraliza-
tion of the surface may be required, as well as collection of the
rinsings for proper disposal. NOTE: Chemical stripping solu-
tions themselves can be hazardous and may require special
handling and disposal.
5.2 METHODS OF COLLECTING DEBRIS: Methods of
collection include, but are not limited to, the following:
5.2.1 Localized Collection at Point of Cleaning: This
method involves surrounding the coating removal equipment
with a localized containmentenclosure equipped with avacuum
(i.e. localized exhaust) to permit the collection of the debris as
it is being generated. The localized containment or chamber
should conform to the surtace (e.g., to irregularities such as
welds, angles, and appurtenances as well as flat surfaces)
through the use of masks, brushes, or other suitable means
that will minimize the escape of abrasive, dust, paint, or debris.
This method may be more effective in controlling emissions
when used on large open structures such as tank shelis as
compared with complex structures such as joists or trusses.
The vacuum machine may be an integral part of the coating
removal equipment or abrasive reclaimer, or may be a sepa-
rate machine, but coating removal and vacuuming must be
accomplished simultaneously.
5.2.2 General Area Collection: This method of collection
involves the removal of spent abrasive and paint debris from
a containment structure that encloses the work area, workers,
and tools, rather than only enclosing the removal tool itseif.
Collection methods include, but are not limited to:
5.2.2.1 Bulk Collection: Collection of debris from ground
covers, floor, deck, or structure components, either during or
after surface preparation. Collection may inciude the use of
brooms, magnetic brooms, brushes, shovels, wheelbarrows,
buckets, bucket loaders, vacuums, vacuum trucks, conveyors,
or other suitable means. Note that in the case of hazardous
paint removal, OSHA regulations place restrictions on the use
of some of these methods.
5.2.2.2 Channeling: Controlling the flow of debris in the
direction of a central removal location is accomplished by the
use of tarps, rigid panels, augers, funnels, or other suitable
materials or equipment. The materials should be selected with
consideration of the nature of the debris being channelled (e.g.
water, chemical stripper, dry particulate, etc.). At the removal
location, further collection may be accomplished using me-
chanical conveyors, vacuums, orother means. The channelling
materials and equipment may be a part of, or independent of,
the containment structure.
5.2.3 Work Site Collection: This method of collection
involves the removal of spent abrasive and paint debris from
the work site and surrounding property outside of containment.
Collection should occur on a routine basis (e.g., at the end of
each work day, or as specified) to prevent dispersion by wind
or rain. The bulk collection methods described in 5.2.2.1 are
suitable for this purpose.
5.3 CONTAINMENT ENCLOSURE COMPONENTS: The
components of containment enclosures are identified below.
Consideration should be given to the use of flame retardant
materials when applicable. Tables A, W, C, and P provide
guidance on combining each of the components to design a
containment system Specifiers should research local regula-
tions andjobsite conditions regarding the use offlame retardant
materials. NFPA 701 provides an example of the testing that
can be required.
5.3.1 Containment Materials
5.3.1.1 Type A1 - Rigid: Containment materials consist
of single panels, interlocking panels, or modular fabrications
constructed of plywood, aluminum, rigid metal, plastic, or
similar materials.
5.3.1.2 Type A2 - Flexible: Containment materials are
comprised of screens, tarps, drapes, plastic sheeting, or
similar materials.
5.3.2 Penetrability of Containment Materials
5.3.2.1 Type B1 - Air Impenetrable: Materiafs that are
impervious to dust or wind, including, but not limited to:
• Tarps or Drapes: Formed or coated woven material
free of holes or openings.
Plastic Sheeting: Single or double ply, heavy wall
construction plastic. Reinforced plastic may be neces-
sary for some applications.
Panels: Panels of plywood, aluminum, corrugated
plastic, metal, orsimilar rigid materials. NOTE: Open-
ings in materials reduce recovery efficiencies.
5.3.2.2 Type 132a - Air Penetrable-Tightly Woven:
Material that is tig htly woven, but not coated. Material is capable
of retaining airborne particles but because it is not coated, does
not meet the definition of Air Impenetrable. Tightness of the
weave may be compromised with extended use.
5.3.2.3 Type B2b - Air Penetrable-Open Mesh: Materiai
that is formed or woven to allow air flow but that can retain
some airborne particles. NOTE: The design wind loads of air
penetrable materials such as screens are the same as air
impenetrable materials such as tarps. Openings in materials
reduce recovery efficiencies
5.3.2.4 Type 63a - Water Impermeable: Material that is
impermeable to water.
9-7
SSPC-Guide 6
October 1, 2004
5.3.2.5 Type 63b - Water Permeable: Open mesh mate-
rial that is formed or woven with openings less than 25 mils
(100 micrometers) in greatest dimension. Material is capable
of coilecting debris, while allowing water to pass though.
5.3.2.6 Type 64 - Chemical Resistant: Material that is
resistant to chemical stripping solutions and impermeable to
the water used for rinsing.
5.3.3 Support Structure
5.3.3.1 Type C1 - Rigid Support Structures: These
structures allow no movement and are comprised of scaffolding
and framing to which the containment materials are affixed.
5.3.3.2 Type C2 - Flexible Support Structures: These
structures allow minor movement and are comprised of cables,
chains, or similar systems to which the containment materials
are affixed.
5.3.3.3 Type C3 - Minimal Support Structures: These
structures involve little to no supporting structure beyond cables
or chains required to affix the containment materials to the
structure itself and perhaps to the floor or ground.
5.3.4 Treatment of Joints
5.3.4.1 Type D1 - Fully Sealed Joints: All mating joints
between the containment materials and the structure and floor,
ceiling, or ground are sealed. Sealing includes overlapping of
seams when using flexible materials and the use of stitching,
taping, caulking, or other sealing measures. Consideration
should be given to the chemical or water resistance of the
sealing materiais as appropriate.
5.3.4.2 Type D2 - Partially Sealed Joints: The contain-
ment materials are mated together. The use of overlapping
seams is recommended, but complete sealing of all joints is
not required.
5.3.5 Entryways
5.3.5.1 Type Ei - Entryway Through Airlocks with
Resealable Doors: This entry system includes access doors
that are capable of being repeatedly resealed. Air locks are
used in addition, in order to minimize air exchanges and air
losses through the entryways.
5.3.5.2 Type E2- Entryway Through Resealable Doors:
The use of doorways that are capable of being repeatedly
resealed. Entryways should not be sealed with "C"-clamps
that can only be accessed from one direction.
5.3.5.3 Type E3 - Entryway Through Overlapping
Door Tarps: The use of multiple flap overlapping door tarps
to minimize dust escape through the entryway.
5.3.5.4 Type E4 - Entryway Through Open Seams: Spe-
cial doors are not employed. Entry into the work area is made
through unsealed seams in the containment materials.
5.4 VENTILATION SYSTEM COMPONENTS: Items to
be considered when assessing the requirements of ventilation
systems are addressed below. Tables A, W, P, and C provide
guidance on combining the containment and ventilation re-
quirements. Note that when designing a ventilation system, it
is necessary to balance the static pressure with the input air
flow to avoid collapsing ductwork or the containment due to
high negative pressures. Additional information on ventilation
and exhaust design is found in References 3.8 and 3.9.
NOTE: The selection of the ventilation system from the
information in this guide is to assist in the controi of emissions
released through the atmosphere, but does not assure worker
safety. Representative air sampling in the worker's breath-
ing zone for air contaminants should always be conducted
when employees may be exposed in excess of the specified
OSHA limits, and depending upon the results, changes to the
ventilation system may be necessary. Air sample collection
and analysis methods must conform to OSHA standards and
NIOSH methods.
5.4.1 Air Supply (Intake) Points
5.4.1.1 Type F1 - Controlled Air Supply (intake): The
use of baffles, louvers, flap seals, filters, and ducts on sup-
ply air points to preclude inadvertent escape of abrasive and
debris. They may or may not be used in combination with fans
(see 5.4.2.1).
5.4.1.2 Type F2 - Open Air Supply (Intake): Open air
entry points without the use of ducts, valves, or baffles.
5.4.2 Input Air Flow
5.4.2.1 Type G1 - Forced Input Air Flow: Fans or blow-
ers are used at the supply air points or other locations within
containment to assist air flow through the containment struc-
ture. When used with a negative pressure system, the input
air flow must be properly balanced with the exhaust capacity
throughout the range of operations.
5.4.2.2 Type G2 - Natural Input Air Flow: Fans or blow-
ers are not used at supply air entry points.
5.4.3 Alr Pressure Inside Containment
5.4.3.1 Type Ht - Instrument Verification: An aver-
age negative pressure throughout the enclosure of at least
0.03"(0.08 cm) water column (W.C.) relative to ambient condi-
tions should be maintained during the surface preparation and
clean-up operations. Manometers or magnehelic gages can
be used to verify negative pressure.
9-8
SSPC-Guide 6
October 1, 2004
5.4.3.2 Type H2 - Visual Verification: Negative pressure
must be employed as verified through the concave nature of
the wall, ceiling, or floor materials while taking into account
wind effects. Smoke or other visible means inside or outside
the containment can be used to observe air flow patterns.
5.4.3.3 Type H3 - Not Required: Specified degree of
negative pressure not required.
5.4.5 Exhaust Air Flow/Dust Collection
5.4.5.1 TypeJ1-Air Filtration Required: Forced exhaust
air flow into dust collectors (wet or dry) or baghouses sized
appropriately for the type and size of particulate matter and
for the volume and velocity of air moved througn the contain-
ment. SSPC Guide 16 provides information on the selection
of dust collectors.
5.4.4 Air Movement Inside Containment: Air movement
is utilized inside containment for several reasons:
• to reduce the exposure of workers to airborne dust
(e.g., in 29 CFR 1926.62, OSHA stipulates that en-
gineering controls must be instituted to the extent
feasible to control worker exposure to lead dust)
• to improve visibility
• to remove dust laden air
• to aid in preventing contaminants from escaping
into the environment (e.g., in 40 CFR 260-268 EPA
stipulates that no hazardous debris is permitted to
be deposited on the ground, but no specific criteria
have been established to achieve these goals)
5.4.4.1 Type li - Minimum Air Movement is Specified:
Achieving air movement through the containment requires the
use of inechanicalventilation (see Note 7.1). Air movement may
be specified by several methods, such as the following:
• establishing a minimum velocity of air (fpm) in cross-
draft or down draft (see Note 7.2)
• establishing a minimumvolumeof air(cfm) toventilate
a given volume of containment
The selection of inethods and criteria for specifying or
producing air movement should be based on an analysis of
project-specific conditions, including the blasting pressure,
number and size of blast nozzles, type, size and friability of
abrasive, flow rate of abrasive, the lead or toxic metal content,
thickness and age of the paint being removed, the type and
size of structure being prepared, and the configuration of the
containment system being installed.
While there are generally accepted criteria for specifying
air movement, air velocity past the worker is often a primary
consideration when designing ventilation systems, because
of worker protection issues.
5.4.4.2 Type 12 - Minimum Air Movement is Not Speci-
fied: Under this approach, the specifier does not establish any
criteria for minimum air movement in containment. Note that
when removing lead-containing paints, it may still be necessary
to utilize feasible engineering controls to reduce airborne lead
exposure in accordance with the provisions of 29 CFR 1926.62
and to prevent the escape of airborne lead particulates from
the containment.
5.4.5.2 Type J2 - Air Filtration Not Required: Natural
exhaust air flow is employed without the use of forced air or
dust filtration. Little control overthe debris being emitted into the
environment is possible when using dust-producing methods
of preparation such as abrasive blasting.
5.5 METHODS FOR ASSESSING GIUANTITY OF
EMISSIONS: Surface preparation and paint removal opera-
tions produce dust and debris which may be emitted into the
environment. Methods for quantifying the amount of dust and
debris escaping the work area are described below. MethodsA
and G provide immediate feedback on the emissions created.
Methods B, C, and D require days to receive results. Methods
E and F provide results upon project completion. Users should
contact the appropriate state and local authorities to ascertain
which of the methods are accepted for monitoring emissions,
and to establish the appropriate acceptance criteria. Guidance
on methods of monitoring is found in SSPC-TU 7.
NOTE: Testing for PM-10 or monitoring ofvisible emissions
may be of limited applicability or relevance to a hazardous paint
removal project. Monitoring for the toxic metal (e.g., lead as in
5.5.4) may provide more useful and meaningful data.
5.5.1 Method A-Visible Emissions: Observations of vis-
ible emissions from the work area provide immediate feedback
on the performance of the containment system. Two methods
can be used:
5.5.1.1 General Surveillance: Visible emissions are
permitted at given frequencies or durations provided they do
not extend beyond an established boundary line (e.g., property
line). Possible frequencies include:
• Level 0 Emissions - No visible emissions. NOTE:
This level is typically not achievable during abrasive
blasting.
Leveli Emissions-Randomemissionsofacumulative
duration of no more than 1°/a of the work day (e.g.,
five minutes in an eight hour work day).
Leve12 Emissions- Random emissions of acumulative
duration of no more than 5% of the work day (e.g.,
24 minutes in an eight hour work day).
Level 3 Emissions - Random emissions of a cumula-
tive duration of no more than 10% of the work day
(e.g., 48 minutes in an eight hour work day).
9-9
SSPC-Guide 6
October 1, 2004
• Level 4 Emissions - Emissions are unrestricted and
may occur at any time.
NOTE: The workday activities for timing emissions en-
compass surface preparation and clean-up only.
5.5.1.2 Opacity Scale: Opacity measurements are made
by trained, certified observers. A scale from 0% to 100%, in 5%
increments, is used. Measurements are typically made at 15
second intervals for given periods of time (e.g., 30 minutes).
The acceptance criteria must be established by the specifier.
For example, a criteria might restrict the opacity to no more
than 20°/a for any three minute period in 60 minutes. Local
regulations may provide guidance as to the level of opacity
that should be required.
5.5.2 Method B-AmbientAir Monitoring forPM-10: High
volume air samplers equipped with PM-10 heads are used to
assess the total amount of particulate matter 10 micrometers
(0.39 mils) or less in size that escape the contained work area.
The number of monitors to be used is based on wind direction
and proximity to homes, playgrounds, businesses, bodies
of water, etc. The National Ambient Air (2uality Standard for
PM-10 according to 40 CFR Part 50 is 150 Ng/m3 over a 24
hour period. 450 pg/m3 over an eight hour period may provide
a rational method for applying the EPA criteria, provided no
emissions occur from the worksite during the remaining 16
hours. Monitoring should be conducted for a few days prior to
beginning the work (for8 hoursto 24 hours perday, as appropri-
ate) in order to establish background levels. Depending upon
the variability of the results, full-time background monitoring
throughout the project may be necessary.
5.5.3 Method C-0ccupational Monitoring of Area Emis-
sions for Lead: When lead paint is being removed, air quality
measurements for lead can be determined in accordance with
NIOSH Method 7082 or equivalent, using personal monitors
outside of areas or equipment that may potentially emit lead.
Action Level lead limits are 30 Ng/m3 (0.03 mg/m3) per OSHA
General Industry Standard 29 CFR 1910.1025 and OSHA
Construction Industry Standard 29 CFR 1926.62. The perimeter
of the work area should be isolated using signs, barriers, and
ribbons in all locations where the Action Level is exceeded.
Areas and equipment that should be monitored and isolated
include, but are not limited to, the containment, dust collector,
and abrasive recycling equipment.
5.5.4 Method D-EPAAmbient Air Monitoring forToxic
Metals: When removing paints containing toxic metals, air
quality measurements for the toxic metals can be made by
instrument monitoring in accordance with EPA criteria. The
selection of monitoring locations should be based on fac-
tors including wind direction, surface or terrain irregularities,
and proximity to homes, playgrounds, businesses, bodies
of water, etc. Depending upon the variabiliry of the results,
full-time background monitoring throughout the project may
be necessary.
High volume air samplers equipped for the collection of
total suspended particulate (TSP) are used. When removing
paints containing lead, the filters are analyzed for lead in
accordance with the EPA 40 CFR Part 50, Appendix G. The
National Ambient Air Quality Standard for Lead according to
40 CFR Part 50 is 1.5 Ng/m3 as a 90 day average.
NOTE: Since paint removal operations are not normally
conducted continuously over a 90 day period, it may be nec-
essary to establish a daily criteria for monitoring. Note that
the suggested modification of the procedure shown below
may not be acceptable to state or local environment officials.
The appropriate officials should be contacted prior to its
implementation.
DA =(90 = PD) x 1.5 Ng/m3
DA = Daily Allowance (Ng/m3)
PD = Number of preparation days anticipated
in a 90-day period
The above calculation provides an allowance criteria for a
24-hour period. In order to convert this value to an allowance
corresponding to the hours worked, do the following:
ADA = DA (24 = H)
ADA = Adjusted Daily Allowance ({.rg/m3)
DA = Daily Allowance (Ng/m3)
H= Hours worked in 24 hours
5.5.5 Method E-Soil Analysis forToxic Metals: Apre-job
and post-job soil analysis for toxic metals (e.g. lead) is useful for
determining if adequate ground protection was employed.
Prior to project start-up, select test sites beneath the
structure if applicable and a minimum of one to two from 10 to
100 ft(3 to 30 m) away from the structure in each of four direc-
tions. Long structures such as bridges may require additional
sampling locations. Document the specific location of each site.
At each test site, center and align a 1 ft2 (30.5 cm2) template
parallel or tangential to the structure. Remove a sample of soil
3/4 in (1.9 cm) in diameter and 1/2 in (1.3 cm) in depth at the
center of the square and at each of the four corners. Combine
the five soil plugs in a single bag to represent the sample at
the given location. At project completion, return to the same
locations and remove a similar sample. Analyze the pre-job
and post-job soil samples for the appropriate toxic metals in
accordance with EPA Method 3050 or equivalent. The specifier
must establish the increase allowable, if any.
NOTE: It should be recognized that the preexisting levels
of toxic metals in the soil (e.g., lead) can vary considerably
from one location to the next (even within one or two feet) due
to prior land use, past paint removal projects, previous paint
spills, leaded gasoline, and other factors. This should be taken
into consideration when specifying the use of soils tests and
when interpreting the results.
9-10
SSPC-Guide 6
October 1, 2004
5.5.6 Method F-Water and Sediment Analysis for
Toxic Metals: Pre-job and post-job assessment of toxic met-
als (e.g., lead) in sediment can be useful in determining if
proper protection of a water body has been achieved. Pre-job
sampling should be accomplished in discrete locations around
and beneath the project site to a sediment depth of no more
than 6 in (15.6 cm). Samples should be removed at the same
locations upon project completion.
Sampling of water may or may not provide valuable infor-
mation due to the transient nature of the toxic metai (e.g. lead)
in fast moving water bodies (sediment analysis may be a more
reliable indicator). However, for sedentary bodies of water or if
a drinking water intake is located nearby, pre-job and post-job
water sampling and analysis may be beneficial.
5.5.7 Method G-Visual Assessment of Site Cleanli-
ness: A visual assessment of the cleanliness of the work site
and surrounding property is made each day and upon project
completion. Pre-existing debris is identified and mapped in
advance, or preferably is removed prior to work or as part
of the contract. By removing the debris in advance, disputes
over the responsibility for clean up are eliminated. By having
a visually clean project site before the work begins, it provides
another means forverifying the suitability ofthe projectcontrols.
For example, the presence of spent abrasives on the ground
will indicate that a containment leak or breach has occurred.
Under this method, the site and surrounding property are free
of accumulations of debris each day and are free of all visible
debris upon project completion.
6. Disclaimer
6.1 While every precaution is taken to ensure that all in-
formation furnished in SSPC guides is as accurate, complete,
and useful as possible, SSPC cannot assume responsibility
nor incur any obligation resulting from the use of any materials,
coatings, or methods described herein, or of the guide itself.
6.2 This guide does not attempt to address problems
concerning safety associated with its use. The user of this
specification, as well as the user of all products or practices
described herein, is responsible for instituting appropriate
health and safety practices and for ensuring compliance with
all governmental regulations.
7.2 The OSHA Interim Final Rule on Lead in Construc-
tion (29 CFR 1926.62) does not specify air velocities moving
through containment, but it states that engineering and work
practice controls must be utilized as necessary to reduce
airborne exposures.
7.3 The construction industry ventilation standard (29
CFR 1926.57) refers to ANSI Z9.2-1960 with regard to abra-
sive blast cleaning. ANSI Z9.2-1960 was revised in 1979 and
again in 2001. ANSI Z9.2-1979 in Tabie A2 suggests a down-
draft velocity in abrasive blasting rooms of 60 to 100 feet per
minute. The 2001 version has removed the technical design
data from the standard and instead refers to other resources
for this information (described below).
ANSI Z9.4-1985 (revised in 1997) addresses ventilation
in abrasive blasting rooms. Both the 1985 and 1997 versions
suggest provision of a downdraft ranging from 60 to 90 feet per
minute (the larger the floor area, the lower the air flow recom-
mendation), or across draftof 100 feet per minute when remov-
ing coatings containing toxic metais by dry abrasive blasting.
Both ANSI Z9.2-2001 and ANSI Z9.4-1997 refer to "In-
dustrial Ventilation, A Manual of Recommended Practice"
published by the American Conference of Governmental
Industrial Hygienists (ACGIH) as the definitive resource in
the area of industrial ventilation. Figure VS-80-01, Abrasive
Blasting Room, of"Industrial Ventilation" suggests adown draft
velocity of 50 to 100 feet per minute (with a typical choice of
80 feet per minute) and a cross draft velocity of 100 feet per
minute. These recommendations are for operator visibility
and to control the escape of contaminants into adjacent work
areas.
SSPC recognizes that fixed abrasive blast rooms are
not the same as field containment structures, and is making
no representations regarding the suitability of the velocities
(whethertoo much ortoo little). Forexample, Federal Highway
Administration research involving air movement inside contain-
ment when removing lead paint by abrasive biast cleaning
Research Report Number RD-94-100) found no significant
differences in worker lead exposures at cross-draft veloci-
ties of 70 to 300 feet per minute. (The abrasives involved in
the study were steel grit and mineral sand.) The blast room
information is presented in these Notes due to the link to ANSI
Z9.2 that is provided through 29 CFR 1926.57, and because
it may provide information that could be beneficial to some
users of the guide.
7. Notes
7.1 In the preamble to 29 CFR 1926.62, OSHA states (pg
26614) that it believes an exposure reduction factor of 50%will
be achievable for mechanical ventilation systems. If feasible
engineering controlsdo not reduce the exposure belowthe PEL,
administrative controls, good work practices, and effective use
of respiratory protective equipment are needed in addition to
feasible engineering controls to help control worker exposures
to lead and other toxic metals.
7.4 ANSI Z9.2-1979 and 2001 indicates that large solid
particles usually cannot be captured by conventional air flow
patterns, but that air flow patterns should ensure that hy-
gienically significant particle sizes are captured. Hygienically
significant particle sizes are defined as those which are less
than 10 micrometers in size. It suggests that the larger particle
sizes should be aliowed to fall to the floor to be removed by
housekeeping practices. As a result, when designing ventila-
tion systems for containment, primary consideration should be
given to the movement of the hygienically significant particle
9-11
SSPC-Guide 6
October 1, 2004
sizes through the enclosure to the exhaust hood in combina-
tion with good housekeeping practices to remove the heavier
particles.
7.5 ANSI Z9.2-1979 states in paragraph 4.8.1(1) that if
data on control velocity and volume are not available in reli-
able published information, control velocity and volume can
be determined by measurement of actual air-flow velocities for
projects on which control has been attained. ANSI Z9.2-2001
simply refers to "Industrial Ventilation" and appropriate ANSI,
OSHA, and NIOSH publicationsfor recommended airflow rates.
Little information has been pubiished regarding control velocities
in field containments. As a result, the specifier may consider
allowing the contractor to demonstrate that the proposed air
velocity inside containment will provide the necessary and
desired controls (i.e., reduced worker exposures, controlled
blood lead levels, controlled emissions, etc.) to comply with
the OSHA mandate for engineering controls.
9-12
SSPC-Guide 6
October 1, 2004
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.
SSPC-Guide 12
June 1, 1998
Editorial Revisions November 1, 2004
3.4 UNDERWRITERS' LABORATORIES (UL)
STANDARDS, ANSI APPROVED:
298 Standard for Portable Electric
Hand Lamps
1598 Standard for Luminaries (replaces
all below)
4. Definitions
Confined space: Per 29 CFR 1910.146, a confined space
is a space that: (1) is large enough and so configured that an
employee can bodily enter and perform assigned work; and (2)
has limited or restricted means for entry or exit (for example,
tanks, vessels, silos, storage bins, hoppers, vaults, and pits
are spaces that may have limited means of entry); and (3) is
not designed for continuous occupancy.
Foot candles: A unit of illumination; the illumination at a
point on a surface which is one foot from, and perpendicular
to, a uniform point source of one candle.
General work area Ifghting: The level of illumination
throughout a work area, measured at various locations on the
horizontal work plane, at least six feet from the nearest light
source.
Non-permit required confined space:Aconfined space
that does not contain or, with respect to atmospheric hazards,
have the potential to contain any hazard capable of causing
death or serious physical injury.
Permit required confined space: Aconfined space that
has one or more of the following characteristics: (1) contains
or has the potential to contain a hazardous atmosphere; (2)
contains a material that has the potential for engulfing an
entrant; (3) has an internal configuration such that an entrant
could be trapped or asphyxiated by inwardly converging walls
or by a floor which slopes downward and tapers to a smaller
cross-section; or (4) contains any other recognized safety or
health hazard.
Task-specific lighting: The level of illumination required
for performing specific visual tasks (e.g., inspection).
White Iight: Light containing all wavelengths in the visible
range at similar intensity.
5. General Conditions
5.1 MONITORING STRATEGY
5.1.1 Quantiry of Existing (Natural) Light: Some natural
light will be present in most work areas during daylight hours
and the color of any containment materials (e.g., white tarps)
may improve natural light. The amount of natural light will
depend on factors such as time of year, time of day, orientation
of the work area, and prevailing weather conditions. Although
it is not likely that the quantity and qualiry of natural light will
be sufficient for work in most confined spaces, the amount of
additional lighting necessary to meet the recommendations
of this guide will be affected by the amount of ambient natural
light available. Measurements should be made with a light
meter held at or placed on the surtace. With the sensor aligned
perpendicularto the surface, make a minimum of five measure-
ments which are representative of the work area. Record each
and calculate the average of the measurements.
5.1.2 Effect of Airborne Dust: Airborne dust will reduce
visibility. Consideration must be given to the amount of loose
debris which may be created during paint removal or applica-
tion operations. Depending on the expected concentration
of airborne dust, provisions may be required for its removal
prior to the start of work in order for adequate illumination to
be achieved.
5.2 CLASSIFICATION OF LOCATIONS: Once the evalu-
ation of the work area is complete the work locations should
be classified as one of the following:
5.2.1 Hazardous locations where the potential for explo-
sion and/or fire exists. Hazardous locations are defined as
those locations where quantities of flammable gases or vapors,
explosives, combustible dusts, fibers, or flyings are present or
likely to become present. Lighting fixtures used in hazardous
locations must be explosion proof and Underwriters Laboratory
or Factory Mutual approved for use in the appropriate Class
and Division atmosphere.
See Appendix A for a discussion of hazardous locations.
5.2.2 Non-Hazardous locations where the potential
for explosion and/or fire does not exist. Lighting fixtures used
in nonhazardous locations must be designed to UL Standard
298.
5.2.3 Wet locatfons where installations are underground
or in concrete slabs or masonry in direct contact with the earth,
and locations subject to saturation with water or other liquids,
such as unprotected locations exposed to weather.
Lighting fixtures used in wet locations must be designed to
U L 1598.
6. Illumination Requirements
6.1 A light meter with readings in foot candles should be
used to verify the adequacy of the illumination. For general
work area measurements, the meter should be placed on a
horizontal plane parallel with the work surtace (e.g., walking
across staging). For task specific measurements, the meter
should be held at, or placed on, the surtace, with the sensor
aligned perpendicular to the surtace. Make a minimum of
five measurements representative of the work area or task.
Compare the average to the criteria in Table 1 and Table 2.
7. Recommendations
The recommendations below are applicable for any artificial
lighting required to achieve adequate illumination of a given
work area or specific task.
9-48
SSPC-Guide 12
June 1, 1998
Editorial Revisions November 1, 2004
8.2.2 Do not modify or otherwise alter connectors. Use
an outlet that is compatible with the connector.
8.2.3 Immediately replace or repair any device or cabie
that appears to be worn or broken.
8.3 REPAIRS
8.3.1 Disconnectpowerandremoveanylightsorelectricai
apparatus needing repair outside any hazardous atmosphere
before performing repairs.
8.3.2 All connections, seals and assemblies must
be repaired per the manufacturer's instructions, using the
manufacturer's recommended parts.
8.3.3 Parts for repair other than those specified by the
manufacturer of the lighting system should not be used.
8.3.4 Replacement bulbs other than those specified by
the manufacturer of the Iighting system should not be used.
9. Disclaimer
This material has been developed under the published
procedures of SS PC: The Society for Protective Coatings, which
has been designed to assure the appointment of technically
competentcommittees having balanced representation. While
these procedures assure the highest degree of care, neither
SSPC, its members, nor those participating in its activities accept
any liability resulting from compliance or noncompliance with
the provisions given herein, for any restrictions imposed on
materials or processes, or for the completeness of the text.
SSPC has no power or authority to police or enforce
compliance with the contents of this document, and any certi-
fication of products stating compliance with requirements of
this document is made at the peril of the certifier.
10. Notes
10.1 Air cooled lighting systems, which direct the flow
of compressed air across the lens or around the globe, help
to keep the lens free of contaminants, prolong bulb life, and
generally are of higher intensity required for the lighting of
areas with high concentrations of airborne dust.
10.2 OTHER PERTINENT STANDARDS: Other industry
standards which may be pertinent for illumination in industrial
painting projects are listed below.
10.2.1 National Fire Protection Associatlon (NFPA)
Standards:
70E Standard for Electrical Safety Requirements
for Employee Workplaces
77 Recommended Practice on Static Electricity
497 Recommended Practicenfor the Classifica-
tion of Flammable Liquids, Gases, orVapors,
and of Hazardous (Classified) Locations for
Electrical Installations in Chemical Process
Areas.
654 Standard for Prevention of Fire and Dust
Explosions from the Manufacturing, Pro-
cessing, and Handling of Combustible
Particulate Solids
10.2.2 Underwriters' Laboratories (UL) Standards,
ANSI Approved:
781 Standard for Portable Electric Lighting
Units for Use in Hazardous (Classified)
Locations
Appendix A. Explosion Hazards
A.IBACKGROUND
Achieving acceptable levels of illumination by natural or
artificial means inthe industrial painting industry is complicated
due to the complexity of structures, vision inhibiting dust, and
potentially hazardous concentrations of explosive dust or
solvent vapors. This appendix has been added to provide some
direction, but is not considered a requirement of this guide.
A. 2 DEFINITIONS
Hazardous locations are classified as Class I, Class II,
or Class IIl depending upon the physical properties of the
substances which are present. These classes are further
subdivided as Division 1 or Division 2.
Class I locations: Class I locations are those in which flam-
mable gases or vapors are or may be present in the air in
quantities sufficient to produce explosive or ignitable mixtures.
Class 1 locations include the following:
Class I Division 1: A Class I Division I location is a loca-
tion (a) in which hazardous concentrations of gases or
vapors may exist under normal operating conditions or
(b) in which hazardous concentrations of such gases or
vapors may exist frequently because of repair or mainte-
nance operations or because of leakage or (c) in which
breakdown or faulty operation of equipment or processes
might release hazardous concentrations (e.g., greater than
10% of the Lower Explosive Limit) of flammable gases
or vapors and might also cause simultaneous failure of
electric equipment.
Class I, Divisfon 2: A Class I, Division 2 location is a
location (a) in which volatile flammable liquids or flam-
mable gases are handled, processed or used, but in
which the hazardous liquids, vapors, orgaseswill normally
be confined within closed containers or closed systems
from which they can escape only in case of accidental
rupture or breakdown of such containers or systems, or
9-50
v~~ v v~ v~~.......~
January 1, 2007
SSPC: The Society for Protective Coatings
JOINT SURFACE PREPARATION STANDARD
SSPC-SP 6/NACE NO. 3
Commercial Blast Cleaning
This The Society for Protective Coatings (SSPC)/NACE
International (NACE) standard represents a consensus of
those individual members who have reviewed this document,
its scope, and provisions. It is intended to aid the manufacturer,
the consumer, and the general public. Its acceptance does not
in any respect preclude anyone, whether he has adopted the
standard or not, from manufacturing, marketing, purchasing,
or using products, processes, or procedures not addressed in
this standard. Nothing contained in this SSPC/NACE standard
is to be construed as granting any right, by implication or
otherwise, to manufacture, sell, or use in connection with any
method, apparatus, or product covered by Letters Patent,
or as indemnifying or protecting anyone against liabiliry for
infringement of Letters Patent. This standard represents current
technology and should in no way be interpreted as a restriction
on the use of better procedures or materials. Neither is this
standard intended to apply in all cases relating to the subject.
Unpredictable circumstances may negate the usefulness of
this standard in specific instances. SSPC and NACE assume
no responsibility for the interpretation or use of this standard
by other parties and accept responsibility for only those official
interpretations issued by SSPC or NACE in accordance with
their governing procedures and policies which preclude the
issuance of interpretations by individual volunteers.
Users of this SSPC/NACE standard are responsible
for reviewing appropriate health, safety, environmental, and
regulatory documents and for determining their applicability
in relation to this standard prior to its use. This SSPC/NACE
standard may not necessarily address all potential health and
safety problems or environmental hazards associated with
the use of materials, equipment, and/or operations detailed
or referred to within this standard. Users of this SSPC/NACE
standard are also responsible for establishing appropriate
health, safety, and environmental protection practices, in
consultation with appropriate regulatory authorities if necessary,
to achieve compliance with any existing applicable regulatory
requirements prior to the use of this standard.
CAUTIONARY NOTICE: SSPC/NACE standards are
subject to periodic review, and may be revised or withdrawn at
any time in accordance with technical committee procedures.
SSPC and NACE require that action be taken to reaffirm,
revise, or withdraw this standard no later than five years from
the date of initial publication. The user is cautioned to obtain
the latest edition. Purchasers may receive current informa-
tion on all standards and other publications by contacting the
organizations at the addresses below:
OSSPC: The Society for Protective Coatings
40 24th Street, Sixth Floor
Pittsburgh, PA 15222
(telephone +1 877/281-7772)
ONACE International
1440 South Creek
Houston, TX 77084-4906
(telephone +1 281 /228-6200)
Foreword
This joint standard covers the use of blast cleaning
abrasives to achieve a defined degree of cleaning of steel
surtaces prior to the application of a protective coating or
lining system. This standard is intended for use by coating
or lining specifiers, applicators, inspectors, or others who
may be responsible for defining a standard degree of surface
cleanliness.
The focus of this standard is commercial blast cleaning.
White metal blast cleaning, near-white metal blast cleaning,
industrial blast cleaning, and brush-off blast cleaning are
addressed in separate standards.
Commercial blast cleaning provides a greater degree of
cleaning than industrial blast cleaning (SSPC-SP 14/NACE
No. 8') but less than near-white metal blast cleaning (SSPC-
SP 10/NACE No. 22).
Commercial blast cleaning is used when the objective
is to remove all visible oil, grease, dust, dirt, mill scale, rust,
coating, oxides, corrosion products, and other foreign matter,
leaving staining or shadows on no more than 33 percent of
each unit area of surface.
The difference between a commercial blast cleaning and
a near-white metal blast cleaning is in the amount of staining
permitted to remain on the surface. Commercial blast cleaning
allows stains or shadows on 33 percent of each unit area of
surface. Near-white metal blast cleaning allows staining or
shadows on only 5 percent of each unit area of surface.
The difference between a commercial blast cleaning and
an industrial blast cleaning is that a commercial blast cleaning
removes all visible oil, grease, dust, dirt, mill scale, rust, coating,
SSPC-SP 6/NACE No. 3
January 1, 2007
oxides, corrosion products, and other foreign matter from ali
surtaces and allows stains to remain on 33 percent of each
unit area of surface, while industrial blast cleaning allows
defined mill scale, coating, and rust to remain on less than 10
percent of each unit area of surface and allows defined stains
to remain on all surtaces.
This joint standard was originally prepared in 1994 and
reaffirmed in 2000 bythe SSPC/NACETaskGroupAon Surface
Preparation by Abrasive Blast Cleaning. This joint task group
includes members of both the SSPC Surface Preparation
Committee and the NACE Unit Committee T-6G on Surface
Preparation. It was reaffirmed in 2006 by the SSPC Surtace
Preparation Committee and NACE Specific Technology
Group (STG) 04, Protective Coatings and Linings: Surface
Preparation.
In SSPC/NACE standards, shall and must are used
to state mandatory requirements. Shou/d is used to state
that which is considered good and is recommended but is
not absolutely mandatory. May is used to state that which is
considered optional.
Section 1: General
1.1 This joint standard covers the requirements for
commercial blast cleaning of uncoated or coated steei surfaces
by the use of abrasives. These requirements include the end
condition of the surface and materials and procedures neces-
sary to achieve and verify the end condition.
1.2 The mandatory requirements are described in
Sections 1 to 9. Section 10, "Comments," and Appendix A,
"Explanatory Notes," are not mandatory requirements of this
standard.
1.3 Information about the function of commercial blast
cleaning is in Paragraph A1 of Appendix A.
1.4 Information about use of this standard in maintenance
coating work is in Paragraph A2 of Appendix A.
Section 2: Definitions
2.1 Commercial Blast Cleaned Surtace: Acommercial
blast cteaned surface, when viewed without magnification, shall
be free of all visible oil, grease, dust, dirt, mill scale, rust, coating,
oxides, corrosion products, and other foreign matter. Random
staining shall be limited to no more than 33 percent of each
unit area of surface (approximately 5,800 mmz [9.0 in.2]) (i.e.,
a square 76 mm x 76 mm [3.0 in. x 3.0 in.]) and may consist
of light shadows, slight streaks, or minor discolorations caused
by stains of rust, stains of mill scale, or stains of previously
applied coating.
2.1.1 Acceptable variations in appearance that do not
affect surface cleaniiness as defined in Paragraph 2.1 include
variations caused by type of steel, originai surface condition,
thickness of the steel, weld metal, mill or fabrication marks,
heat treating, heat-affected zones, blasting abrasives, and
differences because of blasting technique.
2.1.2 SSPC-VIS 13 may be specified to supplement the
written definition. In any dispute, the written definition set
forth in this standard shall take precedence over reference
photographs and comparators. Additional information on
reference photographs and comparators is in Paragraph A3
of Appendix A.
Section 3: Associated Documents
3.1 The latest issue, revision, or amendment of the docu-
ments listed in Paragraph 3.3 in effect on the date of invitation
to bid shall govern unless otherwise specified.
3.2 If there is a conflict between the requirements of any
of the documents listed in Paragraph 3.3 and this standard,
the requirements of this standard shall prevail.
3.3 Documents cited in the mandatory sections of this
standard include:
Document
Title
SSPC-AB 1'
Mineral and Slag Abrasives
SSPC-AB 25
Cleanliness of Recycled Ferrous
Metallic Abrasives
SSPC-AB 36
Ferrous Metaliic Abrasives
SSPC-SP 1'
Solvent Cleaning
SSPC-VIS 1
Guide and Reference Photographs
for Steel Surfaces Prepared by Dry
Abrasive Blast Cleaning
Section 4: Procedures Before Cleaning
4.1 Before blast cleaning, visible deposits of oil, grease,
or other contaminants shall be removed in accordance with
SSPC-SP 1 or other agreed-upon methods.
4.2 Before blast cleaning, surface imperfections such as
sharp fins, sharp edges, weld spatter, or burning slag should
be removed from the surface to the extent required by the
procurement documents (project specification). Additional
information on surface imperfections is in Paragraph A4 of
Appendix A.
4.3 If reference photographs or comparators are specified
to supplement the written standard, the condition of the steel
priorto blast cleaning should be determined before the blasting
commences. Additional information on reference photographs
and comparators is in Paragraph A3 of Appendix A.
2
JJrlr-Jt' O/IVHIJC IVU. J
January 1, 2007
Section 5: Blast Cleaning Methods and
Operation
the film thickness of coating applied over the surface profile
is in Paragraphs A7 and AS of Appendix A.
5.1 Clean, dry compressed air shall be used for nozzle
blasting. Moisture separators, oil separators, traps, or other
equipment may be necessary to achieve this requirement.
5.2 Any of the following methods of surface prepara-
tion may be used to achieve a commerciai blast cleaned
surface:
5.2.1 Dry abrasive blasting using compressed air, blast
nozzles, and abrasive.
5.2.2 Dry abrasive blasting using a closed-cycle, recir-
culating abrasive system with compressed air, biast nozzle,
and abrasive, with or without vacuum for dust and abrasive
recovery.
5.2.3 Dry abrasive blasting using a closed-cycle, recircu-
lating abrasive system with centrifugal wheels and abrasive.
5.3 Other methods of surface preparation (such as wet
abrasive blast cleaning) may be used to achieve a commer-
cial blast cleaned surface by mutual agreement between
those responsible for establishing the requirements and those
responsible for performing the work. Information on the use of
inhibitors to prevent the formation of rust immediately after wet
abrasive blast cleaning is in Paragraph A5 of Appendix A.
Section 6: Blast Cleaning Abrasives
6.1 The selection of abrasive size and rype shall be based
on the type, grade, and surface condition of the steel to be
cleaned, the type of blast cleaning system used, the finished
surface to be produced (cleanliness and surface profile [rough-
ness]), and whether the abrasive will be recycled.
6.2 The cleanliness and si2e of recycled abrasives shall
be maintained to ensure compliance with this standard.
6.3 The blast cleaning abrasive shall be dry and free of
oil, grease, and other contaminants as determined by the test
methods found in SSPC-AB 1, SSPC-AB 2, and SSPC-AB 3.
6.4 Any limitations on the use of specific abrasives, the
quantity of contaminants, or the degree of allowable embed-
ment shall be included in the procurement documents (project
specification) covering the work, because abrasive embedment
and abrasives containing contaminants may not be accept-
able for some service requirements. Additional information on
abrasive selection is in Paragraph A6 of Appendix A.
6.5 When a coating is specified, the cleaned surtace
shall be roughened to a degree suitable for the specified
coatina svstem. Additional information on surface profile and
Section 7: Procedures Following Blast Cleaning
and Immediately Prior To Coating
7.1 Visible deposits of oil, grease, or other contaminants
shail be removed according to SSPC-SP 1 or another method
agreed upon by those parties responsible for establishing
the requirements and those responsible for performing the
work.
7.2 Dust and loose residues shall be removed from
prepared surtaces by brushing; blowing off with clean, dry
air; vacuum cleaning; or other methods agreed upon by
those responsible for establishing the requirements and those
responsible for performing the work.
7.2.1 The presence of toxic metals in the abrasives or
coating being removed may place restrictions on the methods
of cleaning permitted. The chosen method shall comply with
all applicable regulations.
7.2.2 Moisture separators, oil separators, traps, or other
equipment may be necessary to achieve clean, dry air.
7.3 After blast cleaning, any remaining surface imperfec-
tions (e.g., sharp fins, sharp edges, weld spatter, burning siag,
scabs, slivers) shall be removed to the extent required by the
procurement documents (project specification). Any damage
to the surface profile resulting from the removal of surface
impertections shall be corrected to meet the requirements of
Paragraph 6.5. Additional information on surface impertections
is in Paragraph A4 of Appendix A.
7.4 Immediately prior to coating application, the entire
surface shall comply with the degree of cleaning specified in this
standard. Any visible rust that forms on the surface of the steel after
blast cleaning shall be removed by recleaning the rusted areas
before coating. Information on chemical contamination, rust-back
(rerusting), and the effect of dew point (surface condensation) is
in Paragraphs A9, A10, and A11 of Appendix A.
Section 8: Inspection
8.1 Work performed and materials supplied under this
standard are subject to inspection by a representative of those
responsible for establishing the requirements. Materials and
work areas shall be accessible to the inspector. The proce-
dures and times of inspection shall be as agreed upon by
those responsible for establishing the requirements and those
responsible for performing the work.
8.2 Conditions not complying with this standard shall be
corrected. In the case of a dispute, an arbitration or settlement
3
SSPC-SP 6/NACE No. 3
January 1, 2007
procedure established in the procurement documents (project
specification) shall be followed. If no arbitration or settlement
procedure is established, a procedure mutually agreeable to
purchaser and supplier shall be used.
8.3 The procurement documents (project specification)
should establish the responsibility for inspection and for any
required affidavit certifying compliance with the specification.
Section 9: Safety and Environmental
Requirements
9.1 Becauseabrasivebiastcleaningisahazardousopera-
tion, all work shall be conducted in compliance with applicable
occupational and environmental health and safety rules and
regulations.
5. SSPC-AB 2(latest revision), "Cleanliness of Recycled
Ferrous Metallic Abrasives" (Pittsburgh, PA: SSPC).
6. SSPC-AB 3(latest revision), "Ferrous Metallic Abrasives"
(Pittsburgh, PA: SSPC).
7. SSPC-SP 1(latest revision), "Solvent Cleaning" (Pitts-
burgh, PA: SSPC).
8. SSPC-SP COM (latest revision), "Surface Preparation
Commentary for Steel and Concrete Substrates" (Pittsburgh,
PA: SSPC).
9. SSPC-PA Guide 4 (latest revision), "Guide to Maintenance
Repainting with Oil BaseorAlkyd Painting Systems" (Pittsburgh,
PA: SSPC).
Section 10: Comments (Nonmandatory)
10.1 Add itional i nformation and data relative to this standard
are in AppendixA. Detailed information and data are presented
in SSPC-SP COM.B The recommendations in Appendix A and
SSPC-SP COM are believed to represent good practice, but
are not to be considered requirements of the standard. The
sections of SSPC-SP COM that discuss subjects related to
commercial blast cleaning are listed below.
Subject Commentary Section
Abrasive Selection
.......................6
Film Thickness
.....................10
Maintenance Repainting
....................4.2
Reference Photographs
.....................11
Rust-Back (Rerusting)
....................4.5
Surface Profile
....................6.2
Weld Spatter
.................4.4.1
Wet Abrasive Blast Cleaning
....................8.2
References
1. SSPC-SP 14/NACE No. 8(latest revision), "Industrial Blast
Cleaning" (Pittsburgh, PA: SSPC, and Houston, TX: NACE).
2. SSPC-SP 10/NACE No. 2(latest revision), "Near-White
Metal Blast Cleaning" (Pittsburgh, PA: SSPC, and Houston,
TX: NACE).
3. SSPC-VIS 1(latest revision), "Guide and Reference
Photographs for Steel Surfaces Prepared by Dry Abrasive
Blast Cleaning" (Pittsburgh, PA: SSPC).
4. SSPC-AB 1(latest revision), "Mineral and SlagAbrasives"
(Pittsburgh, PA: SSPC).
10. NACE Standard SP0178 (formerly RP0178-2003) (latest
revision), "Design, Fabrication, and Surface Finish Practices
for Tanks and Vessels to Be Lined for Immersion Service"
(Houston, TX: NACE).
11. NACE Standard RP0287 (latest revision), "Field Measure-
ment of Surface Profile of Abrasive Blast-Cleaned Steel
Surfaces Using a Replica Tape" (Houston, TX: NACE).
12. ASTMM D 4417 (latest revision), "Standard Test Methods
for Field Measurement of Surface Profile of Blast Cleaned
Steel" (West Conshohocken, PA: ASTM).
13. SSPC-PA2(latesirevision),"MeasurementofDry Coating
Thickness with Magnetic Gages" (Pittsburgh, PA: SSPC).
14. SSPC-SP 12/NACE No.5 (latest revision), "Surface Prepa-
ration and Cleaning of Metals by Waterjetting Priorto Recoating"
(Pittsburgh, PA: SSPC, and Houston, TX: NACE).
15. SSPC-Guide 15 (latest revision), "Field Methods for
Retrieval and Analysis of Soluble Salts on Steel and Other
Nonporous Substrates" (Pittsburgh, PA: SSPC).
Appendix A: Explanatory Notes
(Nonmandatory)
A1 FUNCTION: Commercial blast cleaning (SSPC-
SP 6/NACE No. 3) provides a greater degree of cleaning than
industrial blast cleaning (SSPC-SP 14/NACE No. 8) but less
than near-white metal blast cleaning (SSPC-SP 10/NACE
No. 2). It should be specified only when a compatible coating
will be applied. The primary functions of blast cleaning before
coating are (a) to remove material from the surface that can
cause early failure of the coating and (b) to obtain a suitable
surface profile (roughness) to enhance the adhesion of the
ASTM International (ASTM), 100 Barr Harbor Drive, West Coshohocken, PA 19428-2959.
4
vv, v VJanuary 1, 2007
new coating system. The hierarchy of blasting standards is
as follows: white metal blast cleaning, near-white metal blast
cleaning, commercial blast cleaning, industrial blast cleaning,
and brush-off blast cleaning.
A2 MAINTENANCE COATING WORK: When this stan-
dard is used in maintenance coating work, specific instructions
should be provided on the extent of surface to be blast cleaned
or spot blast cieaned to this degree of cleanliness. in these
cases, this degree of cleaning applies to the entire specified
area. For example, if all weld seams are to be cleaned in a
maintenance operation, this degree of cleaning applies to
100 percent of all weld seams. If the entire structure is to be
prepared, this degree of cleaning applies to 100 percent of the
entire structure. SSPC-PA Guide 49 provides a description of
accepted practices for retaining old sound coating, removing
unsound coating, feathering, and spot cleaning.
A3 REFERENCE PHOTOGRAPHS AND COMPARA-
TORS: SSPC-VIS 1 provides color photographs for the various
grades of surface cleaning as a function of the initial condition
of the steel. The photographs B SP 6, C SP 6, D SP 6, G, SP 6,
G2 SP 6, and G3 SP 6 depict surfaces cleaned to commercial
grade. Other available reference photographs and comparators
are described in Section 11 of SSPC-SP COM.
A4 SURFACE IMPERFECTIONS: Surface imperfections
can cause premature coating failure when the service is severe.
Coatings tend to pull away from sharp edges and projections,
leaving little or no coating to protect the underlying steel. Other
features that are difficult to cover and protect properly include
crevices, weld porosities, laminations, etc. The high cost of
the methods to remedy surtace imperfections (such as edge
rounding and weld spatter removal) should be weighed against
the costs of a potential coating failure.
Poorly adhering contaminants, such as weld slag residues,
loose weld spatter, and some minor surface laminations, may
be removed during the blast cleaning operation. Other surface
defects (steel laminations, weld porosities, or deep corrosion
pits) may not be evident until the surface cleaning has been
completed. Repair of such surface defects should be planned
properly because the timing of the repairs may occur before,
during, or after the blast cleaning operation. Section 4.4 of
SSPC-SP COM and NACE Standard SP017870 contain addi-
tional information on surface imperfections.
A5 WET ABRASIVE BLAST CLEANING: Steel that is
wet abrasive blast cleaned may rust rapidly. Clean water should
be used for rinsing. It may be necessary to add inhibitors to
the water or apply them to the surface immediately after blast
cleaning to temporarily prevent rust formation. The use of
inhibitors or the application of coating over slight discoloration
should be in accordance with the requirements of the coating
manufacturer. CAUTION: Some inhibitive treatments may
interfere with the performance of certain coating systems.
A6 ABRASIVE SELECTION: Types of inetallic and
nonmetallic abrasives are discussed in SSPC-SP COM. Blasting
abrasives may become embedded in, or leave residues on, the
surface of the steel during cleaning. While such embedment or
residues are normally not detrimental, care should be taken to
ensure that the abrasive is free from detrimental amounts of
water-soluble, solvent-soluble, acid-soluble, or other soluble
contaminants (particularly if the cleaned steel is to be used in
an immersion environment). Criteriafor selecting and evaluating
abrasives are in SSPC-AB 1, SSPC-AB 2, and SSPC-AB 3.
A7 SURFACE PROFILE: Surtace profile is the rough-
ness of the surface that results from abrasive blast cleaning.
The profile height is dependent on the size, shape, type, and
hardness of the abrasive, particle velocity and angle of impact,
hardness of the surface, amount of abrasive recycling, and the
proper maintenance of working mixtures of grit and/or shot.
The allowabie minimum/maximum height of profile is
usually dependent on the thickness of the coating to be applied.
Large particle-sized abrasives (particularly metallic) can
produce a surface profile that may be too high to be adequately
covered by a single thin-film coat. Accordingly, the use of
larger abrasives should be avoided in these cases. However,
larger abrasives may be needed for thick-film coatings or to
facilitate removal of thick coatings, heavy mill scale, or rust. If
control of surface profile (minimum/maximum) is deemed to be
significantto coating performance, it should be addressed inthe
procurement documents (project specification). Typical surface
profile heights achieved with commercial abrasive media are
shown in Table 6 of SSPC-SP COM. Surface profile should
be measured in accordance with NACE Standard RP0287"
or ASTM D 4417.12
A8 FILM THICKNESS: It is essential that ample coating
be applied after blast cleaning to adequately cover the peaks
of the surtace profile. The dry-film thickness of the coating
above the peaks of the profile should equal the thickness
known to be needed for the desired protection. If the dry-film
thickness over the peaks is inadequate, prematu re rust-through
or coating failure will occur. To ensure that coating thicknesses
are properly measured, the procedures in SSPC-PA213should
be used.
A9 CHEMICAL CONTAMINATION: Steel contaminated
with soluble salts (e.g., chlorides and sulfates) develops rust-
back rapidly at intermediate and high levels of humidity. These
soluble salts can be present on the steel surface prior to blast
cleaning as a result of atmospheric contamination. In addition,
contaminants can be deposited on the steel surface during
blast cleaning if the abrasive is contaminated. Therefore, rust-
back can be minimized by removing these salts from the steel
surface and eliminating sources of recontamination during and
after blast cleaning. Wet methods of removal are described in
SSPC-SP 12/NACE No. 5.14 Identification of the contaminants
5
SSPC-SP 10/NACE No. 2
January 1, 2007
SSPC: The Society for Protective Coatings
JOINT SURFACE PREPARATION STANDARD
SSPC-SP 10/NACE NO. 2
Near-White Metal Blast Cleaning
This The Society for Protective Coatings (SSPC)/NACE
International (NACE) standard represents a consensus of
those individual members who have reviewed this document,
its scope, and provisions. It is intended to aid the manufacturer,
the consumer, and the general public. Its acceptance does not
in any respect preclude anyone, whether he has adopted the
standard or not, from manufacturing, marketing, purchasing,
or using products, processes, or procedures not addressed in
this standard. Nothing contained in this SSPC/NACE standard
is to be construed as granting any right, by implication or
otherwise, to manufacture, sell, or use in connection with any
method, apparatus, or product covered by Letters Patent,
or as indemnifying or protecting anyone against liability for
infringement of Letters Patent. This standard represents current
technology and should in no way be interpreted as a restriction
on the use of better procedures or materials. Neither is this
standard intended to apply in all cases relating to the subject.
Unpredictable circumstances may negate the usefulness of
this standard in specific instances. SSPC and NACE assume
no responsibility for the interpretation or use of this standard
by other parties and accept responsibility for only those official
interpretations issued by SSPC or NACE in accordance with
their governing procedures and policies which preclude the
issuance of interpretations by individual volunteers.
Users of this SSPC/NACE standard are responsible
for reviewing appropriate health, safety, environmental, and
regulatory documents and for determining their applicability
in relation to this standard prior to its use. This SSPC/NACE
standard may not necessarily address all potential health and
safety problems or environmental hazards associated with
the use of materials, equipment, and/or operations detailed
or referred to within this standard. Users of this SSPC/NACE
standard are also responsible for establishing appropriate
health, safety, and environmental protection practices, in
consultation with appropriate regulatory authorities if necessary,
to achieve compliance with any existing applicable regulatory
requirements prior to the use of this standard.
CAUTIONARY NOTICE: SSPC/NACE standards are
subject to periodic review, and may be revised or withdrawn at
any time in accordance with technical committee procedures.
SSPC and NACE require that action be taken to reaffirm,
revise, or withdraw this standard no later than five years from
the date of initial publication.The user is cautioned to obtain
the latest edition. Purchasers may receive current information
on all standards and other publications by contacting the
organizations at the addresses below:
OSSPC: The Society for Protective Coatings
40 24th Street, Sixth Floor
Pittsburgh, PA 15222
(telephone +1 877/281-7772)
ONACE Internationat
1440 South Creek
Houston, TX 77084-4906
(telephone +1 281 /228-6200)
Foreword
This joint standard covers the use of blast cleaning
abrasives to achieve a defined degree of cleaning of steel
surfaces prior to the application of a protective coating or
lining system. This standard is intended for use by coating
or lining specifiers, applicators, inspectors, or others who
may be responsible for defining a standard degree of surface
cleanliness.
The focus of this standard is near-white metal blast
cleaning. White metal blastcleaning, commercial blastcleaning,
industrial blast cleaning, and brush-off blast cleaning are
addressed in separate standards.
Near-white metal blastcleaning provides a greater degree
of cleaning than commercial blast cleaning (SSPC-SP 6/NACE
No. 31) but less than white metal blast cleaning (SSPC-SP
5/NACE No. 12).
Near-white metal blastcleaning is used when the objective
is to remove all rust, coating, and mill scale, but when the
extra effort required to remove all stains of these materials is
determined to be unwarranted. Staining shall be limited to no
more than 5 percent of each unit area of surface.
Near-white metal blast cleaning allows staining on only 5
percent of each unit area of surface, while commercial blast
cleaning allows staining on 33 percent of each unit area of
surface. White metal blast cleani ng does not permit any staini ng
to remain on the surface.
This joint standard was originally prepared in 1994 and
reaffirmed in 2000 by the SSPC/NACE Task Group A on
Surface Preparation by Abrasive Blast Cleaning, and NACE
Unit Committee T-6G on Surface Preparation. This joint task
SSPC-SP 10/NACE No. 2
January 1, 2007
group includes membersof both the SSPC Surface Preparation
Committee and the NACE Unit Committee T-6G on Surtace
Preparation. It was reaffirmed in 2006 by the SSPC Surface
Preparation Committee and NACE Specific Technology
Group (STG) 04, Protective Coatings and Linings: Surface
Preparation.
In SSPC/NACE standards, shall and must are used to
state mandatory requirements. Should is used to state that
which is considered good and is recommended but is not
absolutely mandatory. May is used to state that which is
considered optional.
Section 1: General
1.1 This joint standard covers the requirements for near-
white metal blast cleaning of uncoated or coated steel surfaces
by the use of abrasives. These requirements include the end
condition of the surface and materials and procedures neces-
sary to achieve and verify the end condition.
1.2 The mandatory requirements are described in
Sections 1 to 9. Section 10, "Comments," and Appendix A,
"Explanatory Notes," are not mandatory requirements of this
standard.
1.3 Information about the function of near-white metal
blast cleaning is in Paragraph A1 of Appendix A.
1.4 Information about use of this standard in maintenance
coating work is in Paragraph A2 of Appendix A.
Section 2: Definitions
2.1 Near-White Metal Blast Cleaned Surtace: A near-
white metal blast cleaned surface, when viewed without
magnification, shall be free of all visible oil, grease, dust, dirt,
mill scale, rust, coating, oxides, corrosion products, and other
foreign matter. Random staining shall be limited to no more
than 5 percent of each unit area of surtace (approximately
5,800 mmz [9.0 in.2] (i.e., a square 76 mm x 76 mm [3.0 in. x
3.0 in.]), and may consist of light shadows, slight streaks, or
minor discolorations caused by stains of rust, stains of mill
scale, or stains of previously applied coating.
2.1.1 Acceptable variations in appearance that do not
affect surface cleanliness as defined in Paragraph 2.1 include
variations caused bythe rype of steel, original surface condition,
thickness of the steel, weld metal, mill or fabrication marks,
heat treating, heat-affected zones, blasting abrasives, and
differences because of blasting technique.
2.1.2 SSPC-VIS 13 may be specified to supplement the
written definition. In any dispute, the written definition set
forth in this standard shall take precedence over reference
photographs and comparators. Additional information on
reference photographs and comparators is in Paragraph A3
of Appendix A.
Section 3: Associated Documents
3.1 The latest issue, revision, or amendment of the docu-
ments listed in Paragraph 3.3 in effect on the date of invitation
to bid shail govern unless otherwise specified.
3.2 If there is a conflict between the requirements of any
of the documents listed in Paragraph 3.3 and this standard,
the requirements of this standard shall prevail.
3.3 Documents cited in the mandatory sections of this
standard include:
Document
Title
SSPC-AB 14
Mineral and Slag Abrasives
SSPC-AB 25
Cleanliness of Recycled Ferrous
Metallic Abrasives
SSPC-AB 36
Ferrous Metallic Abrasives
SSPC-SP 1'
Solvent Cleaning
SSPC-VIS 1
Guide and Reference Photographs
for Steel Surfaces Prepared by Dry
Abrasive Blast Cleaning
Section 4: Procedures Before Cleaning
4.1 Before blast cleaning, visible deposits of oil, grease,
or other contaminants shall be removed in accordance with
SSPC-SP 1 or other agreed-upon methods.
4.2 Before blast cleaning, surface impertections such as
sharp fins, sharp edges, weld spatter, or burning slag should
be removed from the surface to the extent required by the
procurement documents (project specification). Additional
information on surface imperfections is in Paragraph A4 of
Appendix A.
4.3 If reference photographs or comparators are specified
to supplement the written standard, the condition of the steel
prior to blast cleaning should be determined before the blasting
commences. Additional information on reference photographs
and comparators is in Paragraph A3 of Appendix A.
Section 5: Blast Cleaning Methods and
Operation
5.1 Clean, dry compressed air shall be used for nozzle
blasting. Moisture separators, oil separators, traps, or other
equipment may be necessary to achieve this requirement.
5.2 Any of the following methods of surface preparation
may be used to achieve a near-white metal blast cleaned
surtace:
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SSPC-SP 10/NACE No. 2
January 1, 2007
Section 9: Safety and Environmental
Requirements
8. SSPC-SP COM (latest revision), "Surface Preparation
Commentary for Steel and Concrete Substrates" (Pittsburgh,
PA: SSPC).
9.1 Because abrasive blast cleaning is a hazardous opera-
tion, all work shall be conducted in compliance with applicable
occupational and environmentai health and safery rules and
regulations.
Section 10: Comments (Nonmandatory)
10.1 Additional information and data relativeto thisstandard
are inAppendixA. Detailed information and data are presented
in SSPC-SP COM.B The recommendations in AppendixAand
SSPC-SP COM are believed to represent good practice, but
are not to be considered requirements of the standard. The
sections of SSPC-SP COM that discuss subjects related to
near-white metal blast cleaning are listed below.
Subject Commentary Section
Abrasive Selection ...............................................6
Film Thickness
.............................10
Maintenance Repainting
............................4.2
Reference Photographs
.............................11
Rust-Back (Rerusting)
............................4.5
Surface Profile
............................6.2
Weld Spatter
.........................4.4.1
Wet Abrasive Blast Cleaning
8.2
References
1. SSPC-SP 6/NACE No. 3(latest revision), "Commercial
Blast Cleaning" (Houston, TX: NACE, and Pittsburgh, PA:
SSPC).
2. SSPC-SP 5/NACE No. 1(latest revision), "White Metal
Blast Cleaning" (Pittsburgh, PA: SSPC, and Houston, TX:
NACE).
3. SSPC-VIS 1(latest revision), "Guide and Reference
Photographs for Steel Surfaces Prepared by Dry Abrasive
Blast Cleaning" (Pittsburgh, PA: SSPC).
4. SSPC-AB 1(latest revision), "Mineral and SlagAbrasives"
(Pittsburgh, PA: SSPC).
5. SSPC-AB 2(latest revision), "Cleanliness of Recycled
Ferrous Metallic Abrasives" (Pittsburgh, PA: SSPC).
6. SSPC-AB 3(latest revision), "Ferrous MetallicAbrasives"
(Pittsburgh, PA: SSPC).
7. SSPC-SP 1(latest revision), "Solvent Cleaning" (Pitts-
burgh, PA: SSPC).
9. SSPC-PAGuide4 (latest revision),"Guideto Maintenance
Repainting with Oil BaseorAlkyd Painting Systems" (Pittsburgh,
PA: SSPC).
10. NACE Standard SP0178 (formerly RP0178-2003) (latest
revision), "Fabrication Details, Surface Finish Requirements,
and Proper Design Considerations for Tanks and Vessels to
Be Lined for Immersion Service" (Houston, TX: NACE).
11. NACE Standard RP0287 (latest revision), "Field Measure-
ment of Surtace Profile of Abrasive Blast-Cleaned Steel
Surfaces Using a Replica Tape" (Houston, TX: NACE).
12. ASTMO) D 4417 (latest revision), "Standard Test Methods
for Field Measurement of Surtace Profile of Blast Cleaned
Steel" (West Conshohocken, PA: ASTM).
13. SSPC-PA2 (latest revision), "Measurement of Dry Coating
Thickness with Magnetic Gages" (Pittsburgh, PA: SSPC).
14. SSPC-SP 12/NACE No. 5(latest revision), "Surface Prepa-
ration and Cleaning of Metals by Waterjetting Priorto Recoating"
(Pittsburgh, PA: SSPC, and Houston, TX: NACE).
15. SSPC-Guide 15 (latest revision), "Field Methods for
Retrieval and Analysis of Soluble Salts on Steel and Other
Nonporous Substrates" (Pittsburgh, PA: SSPC).
Appendix A: Explanatory Notes
(Nonmandatory)
A1 FUNCTION: Near-white metal blast cleaning (SSPC-
SP 10/NACE No. 2) provides a greater degree of cleaning
than commercial blast cleaning (SSPC-SP 6/NACE No. 3)
but less than white metal blast cleaning (SSPC-SP 5/NACE
No. 1). It should be used when a high degree of blast cleaning
is required. The primary functions of blast cleaning before
coating are (a) to remove material from the surtace that can
cause early failure of the coating and (b) to obtain a suitable
surface profile (roughness) to enhance the adhesion of the
new coating system. The hierarchy of blasting standards is
as follows: white metal blast cleaning, near-white metal blast
cleaning, commercial blast cleaning, industrial blast cleaning,
and brush-off blast cleaning.
A2 MAINTENANCE COATING WORK: When this stan-
dard is used in maintenance coating work, specific instructions
should be provided on the extent of surface to be blast cleaned
or spot blast cleaned to this degree of cleanliness. In these
cases, this degree of cleaning applies to the entire specified
ASTM International (ASTM), 100 Barr Harbor Drive, West Coshohocken, PA 19428-2959.
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SSPC-SP 10/NACE No. 2
January 1, 2007
area. For exampie, if all weld seams are to be cleaned in a
maintenance operation, this degree of cleaning applies to
100 percent of all weld seams. If the entire structure is to be
prepared, this degree of cleaning applies to 100 percent of the
entire structure. SSPC-PA Guide 49 provides a description of
accepted practices for retaining old sound coating, removing
unsound coating, feathering, and spot cleaning.
A3 REFERENCE PHOTOGRAPHS AND COMPARA-
TORS: SSPC-VIS 1 provides color photographs for the various
grades of surface cleaning as a function of the initial condition of
the steel. The photographsASP 10, B SP 10, C SP 10, D SP 10,
G, SP 10, Gz SP 10, and G3 SP 10 depict surfaces cleaned to
near-white metal. Other available reference photographs and
comparators are described in Section 11 of SSPC-SP COM.
A4 SURFACE IMPERFECTIONS: Surface imperfections
can cause premature coating failure whenthe service is severe.
Coatings tend to pull away from sharp edges and projections,
leaving little or no coating to protect the underlying steei. Other
features that are difficult to cover and protect properly include
crevices, weld porosities, laminations, etc. The high cost of
the methods to remedy surface imperfections (such as edge
rounding and weld spatter removal) should be weighed against
the costs of a potential coating failure.
Poorlyadhering contaminants, such asweld slag residues,
loose weld spatter, and some minor surface laminations, may
be removed during the blast cleaning operation. Other surface
defects (steel laminations, weld porosities, or deep corrosion
pits) may not be evident until the surface cleaning has been
completed. Repair of such surface defects should be planned
properly because the timing of the repairs may occur before,
during, or after the blast cleaning operation. Section 4.4 of
SSPC-SP COM and NACE Standard SP017810 contain addi-
tional information on surface imperfections.
A5 WET ABRASIVE BLAST CLEANING: Steel that is
wet abrasive blast cieaned may rust rapid ly. Clean water should
be used for rinsing. It may be necessary to add inhibitors to
the water or apply them to the surface immediately after blast
cleaning to temporarily prevent rust formation. The use of
inhibitors or the application of coating over slight discoloration
should be in accordance with the requirements of the coating
manufacturer. CAUTION: Some inhibitive treatments may
interfere with the performance of certain coating systems.
A7 SURFACE PROFILE: Surface profile is the rough-
ness of the surtace that results from abrasive blast cleaning.
The profile height is dependent on the size, shape, type, and
hardness of the abrasive, particle velocity and angle of impact,
hardness of the surface, amount of abrasive recycling, and the
proper maintenance of working mixtures of grit and/or shot.
The allowable minimum/maximum height of profile is
usually dependent on the thickness of the coating to be applied.
Large particle-sized abrasives (particularly metallic) can
produce a surface profile that may be too high to be adequately
covered by a single thin-film coat. Accordingly, the use of
larger abrasives should be avoided in these cases. However,
larger abrasives may be needed for thick-film coatings or to
facilitate removal of thick coatings, heavy mill scale, or rust. If
controi of surface profile (minimum/maximum) is deemed to be
sig nificant to coating performance, it shouid be add ressed in the
procurement documents (project specification). Typical surface
profile heights achieved with commercial abrasive media are
shown in Table 6 of SSPC-SP COM. Surface profile should
be measured in accordance with NACE Standard RP0287"
or ASTM D 4417.72
A8 FILM THICKNESS: It is essential that ample coating
be applied after blast cleaning to adequately cover the peaks
of the surface profile. The dry-film thickness of the coating
above the peaks of the profile should equal the thickness
known to be needed for the desired protection. If the dry-film
thickness overthe peaks is inadequate, premature rust-through
or coating failure wili occur. To ensure that coating thicknesses
are properly measured, the procedures in SSPC-PA213 should
be used.
A9 CHEMICAL CONTAMINATION: Steel contaminated
with solubie salts (e.g., chlorides and sulfates) develops rust-
back rapidly at intermediate and high levels of humidiry. These
soluble salts can be present on the steel surtace prior to blast
cieaning as a result of atmospheric contamination. In addition,
contaminants can be deposited on the steel surface during
blast cieaning if the abrasive is contaminated. Therefore, rust-
back can be minimized by removing these salts from the steel
surface and eliminating sources of recontamination during and
after blast cleaning. Wet methods of removal are described in
SSPC-SP 12/NACE No. 5.14 Identification of the contaminants
along with theirconcentrations may be obtained from laboratory
and field tests as described in SSPC-Guide 15.15
A6 ABRASIVE SELECTION: Types of inetallic and
nonmetallic abrasives are discussed in SSPC-S P COM. Blasting
abrasives may become embedded in, or leave residues on, the
surface of the steel during cleaning. While such embedment or
residues are normally not detrimental, care should be taken to
ensure that the abrasive is free from detrimental amounts of
water-soluble, solvent-soluble, acid-soluble, or other soluble
contaminants (particularly if the cleaned steel is to be used in
an immersion environment). Criteriafor selecting and evaluating
abrasives are in SSPC-AB 1, SSPC-AB 2, and SSPC-AB 3.
A10 RUST-BACK: Rust-back (rerusting) occurs when
freshly cleaned steel is exposed to moisture, contamination,
or a corrosive atmosphere. The time interval between blast
cleaning and rust-back varies greatly from one environment to
another. Under mild ambient conditions, if chemical contami-
nation (see Paragraph A9) is not present, it is best to blast
clean and coat a surface on the same day. Severe conditions
may require a more expeditious coating application to avoid
contamination from fallout. Chemical contamination should be
removed prior to coating.
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SSPC-SP 10/NACE No. 2
January 1, 2007
Aii DEW POINT: Moisture condenses on any surface
that is colder than the dew point of the surrounding air. It is
therefore recommended that the temperature of the steel
surface be at least 3°C (5 °F) above the dew point during dry
blast cleaning operations. It is advisable to visually inspect for
moisture and periodically check the surface temperature and
dew point during blast cleaning operations and to avoid the
application of coating over a damp surface.
6