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AGENDA BILL N
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Contract Award to Coatings, Study Session Date: April 13, 2016
Unlimited for the Reservoir 16— Exterior COUNCIL MEETING Date: April 20, 2016
Coating Replacement Project Department: PW&U
Presenter: Tom Knuckey
Phone: (360)473-2376
SUMMARY: Reservoir 16 is a 1,000,000 gallon steel water reservoir located in East Breme�ton.
The exterior of Reservoir 16 will be abrasive blast cleaned to remove the existing coating and new
coating will be applied.
There were seven bids. Bids were opened on March 31, 2016. Coatings Unlimited was the lowest
responsible, responsive bidder in the amount of$315,610.45 (which includes sales tax).
ATTACHMENTS: 1. Council Summary; 2. Agreement; and 3. Bid Tabulation
FISCAL IMPACTS (Include Budgeted Amount): The project is included in the 2016 budget.
STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation
STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION: i
Move to award the construction contract for the Reservoir 16— Exterio�Coating Replacement Project
to Coatings Unlimited in the amount of$315,610.45 (which includes sales tax); and authorize the
Mayor to finalize and execute the agreement with substantially the same terms and conditions as
presented.
COUNCIL ACTION: [�Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/07/15
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' CITY OF BREMERTON
ADDENDUM NO. 1
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, Reservoir 16 — Exterior Coating ' ° ; '���� -� ��- : s , ,
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Issued March 23, 2016
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' The following shall modify the Contract Documents and the work shall be accomplished in accordance
with such modifications. It is requested that this addendum be stapled to the Bid Documents.
' IMPORTANT: THIS ADDENDUM SHOULD BE ACKNOWLEDGED IN YOUR BID FORMS WHEN
YOUR BID IS SUBMITTED. FAILURE TO ACKNOWLEDGE THE ADDENDUM MAY CONSTITUTE
� GROUNDS FOR REJECTION OF THE BID.
Contents: This addendum contains revisions to the Specifications and/or the Contract Drawings.
� Revisions to the Specifications are made by reissuing entire sections, reissuing specific pages of
sections, OR by directing a change in writing, herein. When a paragraph or sentence is modified,
' additions are indicated with bold text and deletions are indicated with strikethrough text. Revisions to
the Drawings are made by re-issuing a drawing, issuing a revision to a specific detail from a drawing,
' OR by directing a change in writing, herein. Bidders are cautioned to check the addendum contents
carefully for the presence of all listed revisions.
' Distribution: This addendum is distributed to all planholders of record.
tInteqration: The following changes, additions, deletions and attachment are hereby made a part of
the Contract Documents for Reservoir 16 — Exterior Coatinq Replacement as fully and completely as if
' the same were set forth therein.
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City of Bremerton Page 1 of 2 March 2016
� Reservoir 16—Exterior Coating Replacement Addendum#1 =
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Item #1: Section 09960, paragraph 1.1
Delete paragraph "LEAD BASED PAINT NOT FOUND: Testing for lead...." '
Replace with the following paragraph: "A TCLP for eight metal analytes was performed in March '
2016. Laboratory results are attached. Ensure compliance with local, state, and federal guidelines for
worker personal protection, containment, material disposal, and other related practices based on
laboratory results." ,
Item #2: Section 09960, paragraph 3.1 '
Add new item: '
N. Per SSPC-SP1, solvent clean the entire exterior surface using Chlor*Rid, removing all visible
oil, grease, soil, drawing and cutting compounds, and other soluble contaminants from steel e
surfaces. It is intended that solvent cleaning be used prior to the application of paint and in
conjunction with surface preparation methods specified for the removal of rust, mill scale, or
paint. �
' O. The City will place drain rock around sections of the reservoir perimeter to minimize low spots �
prior to the work.
Item #3: Section 09960, paragraph 3.2 �
For A.1, delete `Class 2B' and replace with 'Class 2A'. '
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City of Bremerton Page 2 of 2 March 2016
Reservoir 16—Exterior Coating Rep/acement Addendum#1 1
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, SECTION 00010
, CER'fIFICATE OF ENGINEER
The technical material and data contained in these Specifications for the project Reservoir 16 -
, Exterior Coating Replacement were prepared under the supervision and direction of the
undersigned professional engineer(s) licensed to practice as such,whose seals,are affixed below.
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� RESERVOIR 16-EXTER/OR COATING REPLACEMENT CERTIFICATE OF ENGINEER
MARCH 2O16 00010-i
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' City of Bremerton
RESERVOIR 16 - EXTERIOR COATING REPLACEMENT
■ Table of Contents
r - IREMENTS CONTRACT FORMS AND CONDITIONS OF THE CONTRACT
DiW[SION 0 B1D REQU , ,
� 00010 Certificate of Engineer
00020 Table of Contents
00030 Notice Inviting Bids
� 00040 Bidder Checklist
00100 Instructions to Bidders
00300 Bid Forms
� 00500 Agreement
00610 Performance Bond
00620 Payment Bond
00700 General Conditions
, 00800 Supplementary Conditions
(Attachment A: Prevailing Wages Rates for Kitsap County)
Ili � DIVISION 1 - GENERAL REQUIREMENTS
01010 Summary of Work
01020 Reference Standards and Definitions
� 01025 Measurement and Payment
01030 Safety, Health and Hazardous Materials Handling
01300 Contractor Submittals
� 01311 Contractor Schedule
01500 Temporary Site Utilities and Controls
01600 Products, Materials,and Equipment
� DIVISION 9 - FINISHES
� 09960 Steel Reservoir Coating System
APPENDICES
� Appendix A- Construction Forms
Appendix B - Reservoir 16 Condition Assessment Report (2014)
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RESERVOIR 16-EXTERIOR COATING REPLACEMENT TABLE OF CONTENTS
� MARCH 2O16 00020-1
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' SECTION 00030
� CITY OF BREMERTON,WASHINGTON
NOTICE 1NVITING BIDS
RECEIPT OF BIDS: Sealed Bids will be received at the office of the City Clerk of the City of
� Bremerton, located at 345 6"' Street, Bremerton, Washington 98337 until 2:00 p.m. Pacific Time as
shown on the wall clock inside the City Clerk's office on March 31, 2016 for the project RESERVOIR
16 - EXTERIOR COATING REPLACEMENT. Bids received after the specified time and date will not
tbe considered.
OPENING OF B1DS: The bids will be publicly opened and read after 2:00 p.m. on March 31, 2016 in
1 the office of the City Clerk at 345 6th Street,Bremerton,Washington 98337.
DESCRIPTION OF WORK: The Work includes all labor, equipment and materials necessary to
� recoat the entire exterior of a 1,000,000 gallon welded steel potable water reservoir. The reservoir
is 95 feet in diameter and approximately 20 feet high and is constructed on the ground. The work
includes setting and maintaining scaffold and a containment system, abrasive blasting to near
� white metal (SSPC-SP 10), recoating all exterior surfaces,site cleanup,and disposal of all spent
materials and coatings. The site address is 260 Sugar Pine Drive, Bremerton,WA 98310. The
engineer's estimated probable cost of construction is $300,000.
� COMPLETION OF WORK: The Substantial Completion date is ninetv (90) calendar davs following
the Notice to Proceed.
, PREVIEWING CONTRACT DOCUMENTS: Contract Documents may be previewed at the ARC
Document Solutions website (www.e-arc.com). Go to htt�//www.e-arc.com/wa/seattle,then click
on the link'Enter Public Planroom'. Scroll down the page or search to find the project.
� PURCHASING CONTRACT DOCUMENTS: The Contract Documents may be purchased from ARC
Document Solutions. Payment is typically cost of reproduction (non-refundable). Contact Bid
� Services at ARC in Seattle,WA: 1(800) 337-8103; FAX (253) 272-4064; E-mail:
Seattle.bid.services@e-arc.com. To receive bid addendum, ensure your company name is on the
Planholders list. To ensure this, purchase bid docu►nents from ARC, or contact them directly and
� request to have your company name placed on the Planholders list.
PROPOSALS: All bid proposals must be made on the blank forms furnished in the Contract
� Documents. Sealed envelopes containing bids shall be entitled: Bid for RESERVOIR 16 -
EXTERIOR COATING REPLACEMENT.
� BID SECURITY: Each bid shall be accompanied by a certified or cashier's check or Bid Bond
payable to the City of Bremerton, in the amount of 5 percent of the Total Bid, including Washington
State sales tax, identified at the time of submittal of the bid as a guarantee that the Bidder, if its Bid
, is accepted, will promptly execute the Contract. A bid shall not be considered unless one of the
forms of Bidder's security is enclosed with it.
PERFORMANCE BOND: The successful bidder will also be required to provide a Performance Bond
tfor 100 percent oEthe Contract Price.
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RESERVOIR 16-EXTERIOR COATING REPLACEMENT NOTICE INVITING BIDS
' MARCH 2O16 00030-1
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BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 60 calendar '
days from the date of bid opening.
WAGE RATES: The attention of Bidders is directed to the requirements and conditions of '
employment to be observed and the minimum wage rates to be paid under the Contract. Wages
shall be based on the Washington State Prevailing Wage Rates for Public Works Contracts in Kitsap �
County current at the time of the bid opening date.
PRE-BID CONFERENCE: Prospective bidders are encouraged to attend the pre-bid conference
conducted by the City, which will include a walk-through of the project site. The reservoirs will be ,
online and interior access through side hatches will not be possible. The objective of the pre-bid
conference is to acquaint bidders with the work and conditions of the site.
The pre-bid conference will begin at 10:00 a.m. on Thursday, March 17, 2016. Meet at the parking �
lot of the City of Bremerton offices at 3027 Olympus Drive, Bremerton, WA 98310. Attendees will
then drive to the Reservoir 16. �
CONDITION ASSESSMENT REPORT AND PHOTOGRAPHS: A condition assessment report
prepared in December 2014 is included in Appendix B of the bid documents. The color electronic �
copy of the report, along with several photographs of the site, are available for download on the
City of Bremerton website atL http://www.ci.bremerton.wa.us/977/Reservoir-l6-Exterior-
Coatings-Replaceme. �
PROJECT COIVIMUNICATION: All communications related to the project shall be directed to the
City prior to opening of Bids: �
Communication by phone/fax/e-mail:
Bill Davis, P.E. �
Telephone: (360) 473-2312; Fax: (360) 473-5398
E-mail: William.davis@ci.bremerton.wa.us
Department of Public Works and Utilities, Engineering Division �
3027 Olympus Drive
Bremerton,WA 98310
ATTN: Bill Davis a
CITY'S RIGHTS RESERVED: The City of Bremerton reserves the right to reject any and all bids on
any or all schedules or alternates or to waive any informalities in the bidding and shall determine �
which bid or bidders is the most satisfactory and responsible bidder and shall be the sole judge.
No plea of mistake in the bid shall be available to the bidder for the recovery of his/her deposit or �
as a defense to any action based upon the neglect or refusal to execute a contract.
The City of Bremerton hereby notifies all bidders that it will affirmatively ensure that in any '
contract entered into pursuant to this advertisement, disadvantaged business enterprises will be
afforded full opportunity to submit bids in response to this invitation. No bidder will be
discriminated against on the grounds of race, color, religion,sex, national origin,sexual orientation, �
age,genetic information, marital or veteran status, or the presence of any disability.
END OF SECTION �
RESERVOIR 16-EXTERIOR COATING REPLACEMENT NOTICE INVITING BIDS
MARCH 2O16 00030-2 ,
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, SECTION 00040 �
LBIDDER'S CHECKLIST
' BIDDER'S CHECKLIST
This section lists the contract for►ns required for this project. The bidder's attention is especially
directed to the forms that must be executed in full as required and submitted with the bidder's bid.
� These are indicated as follows in the secrion titled"Bid Documents."
BID DOCUMENTS
� These documents must be executed and submitted to the City with your bid, not later than the
designated bid closing date and time. Bids that do not include all of the required forms, properly
completed,may be declared unresponsive.The bid forms are in Section 00300.
� A. Acknowledgement of Bid and Addenda
B. Bid Certificate
� C. Bid Schedule
D. Bid Bond (This form to be executed by the bidder and the surety company unless bid is
� accompanied by a certified check The amount of this check or bond shall be not less than 5%
�ve percent)of the total amount bid and may be shown in dollars or on a percentage basis.)
E. List of Subcontractors (this form may be submitted up to 24 hours after the bid opening).
, F. Information Required of Bidder
G. Project References
` H. Non-Collusion Affidavit (The form is to be completed and signed by the contractor and
notarized.)
� I. Certification by Proposed Contractor Regarding Equal Employment
J. Certification of Non-segregated Facilities
� K. Certification of Federal Non-Debarment and Suspension.
DOCUMENTS TO BE EXECUTED BY THE SUCCESSFUL BIDDER
� The following forms are to be executed after the contract is awarded. These forms must be filled out
and submitted within fourteen(14) calendar days after the date of Notice of Award of contract.
� = Agreement
Agreement Certificate
' = Performance Bond
Payment Bond
— Insurance Certificates (submit with Agreement)
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RESERVOIR 16-EXTERIOR COATING REPLACEMENT BIDDER CHECKLIST
� FEBRUARY 2016 00040-1
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DOCUMENTS TO BE EXECUTED AFTER AWARD '
The following forms are to be executed after Notice of Award but prior to first payment request:
- Statement of Intent to Pay Prevailing Wages. This is a form from Dept. of Labor and '
Industries. Submit prior to first payment request.
DOCUMENTS TO BE EXECUTED PRIOR TO EINAL PAYMENT OR RELEASE OF RETAINAGE ,
- Acceptance of Compensation and Release of All Claims. This form is located in the Appendix. ,
Submit prior to�nal payment.
- Affidavit of Wages Paid. This form is from the Dept. of Labor and Industries. This form must �
be submitted prior to release of retainage.
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RESERVOIR 16-EXTERIOR COATING REPLACEMENT BIDDER CHECKLIST
FEBRUARY 2016 00040-2
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, SECTION 00100
' INSTRUCTIONS TO BIDDERS
1. DEFINED TERMS
� Terms used in these Instructions to Bidders and the Notice Inviting Bids which are defined
in the General Conditions have the meanings assigned to them in the General Conditions.
' The term "Bidder" means one who submits a Bid directly to OWNER, as distinct from a sub-
bidder, who submits a Bid to a Bidder. The term OWNER is defined as the City of
Bremerton, located at 345 6�h St.,98337.
� 2. LOCAL BUS[NESS L[CENSE
� The successful Bidder shall acquire and/or possess a current City of Bremerton Business
License and any other licenses and permits which may be required to fulfill the obligations
of the Contract as specified. Business and occupancy (B&0) taxes shall be paid.when due
and the CONTRACTOR will agree to assign any payments due to the City Clerk for payment
, of such taxes which have been declared delinquent. License shall be obtained prior to first
payment request.
� 3. INTERPRETATIONS AND ADDENDA
3.1 All questions about the meaning or intent of the Contract Documents are to be directed to
L the ENGINEER, defined in GC-1.01 A, Section 00700. Additions, deletions, or revisions to
the Contract Documents considered necessary by the ENGINEER in response to such
questions will be issued by Addenda mailed or delivered to all parties recorded by the
� ENGINEER or OWNER as having received the Contract Documents. Only answers to such
questions issued by formal written Addenda will be binding. Oral and other interpretations
or clarifications will be without legal effect.
j3.2 Addenda may also be issued to make other additions, deletions, or revisions to the Contract
Documents.
, 3.3 Bidders shall make no special interpretation or inference of intent from differing formats in
the Technical Specifications.
� 4. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1 [t is the responsibility of each Bidder before submitting the Bid:
' A. To examine thoroughly the Contract Documents and other related data identified in
the Bidding Documents (including"technical" data referred to below);
, B. To visit the site to become familiar with local conditions that may affect cost,
progress,or performance of the WORK;
� C. To consider federal, state, and local Laws and Regulations that may affect cost,
progress,or performance of the WORK;
� RESERVOIR 16-EXTERIOR COATING REPLACEMENT INSTRUCTIONS TO BIDDER
MARCH 2O16 00100-1
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D. To study and carefully correlate the Bidder's observations with the Contract �
Documents; and
E. To notify the ENGINEER of all conflicts, errors, ambiguities, or discrepancies in or '
between the Contract Documents and such other related data.
F. When conflicts, errors, ambiguities, or discrepancies are discovered in or between �
Contract Documents and/or other related documents, and when said conflicts, etc.
have not been resolved through the interpretations by ENGINEER as described in
Paragraph 3 above, BIDDER shall include in the Bid the greater quantity of WORK or �
compliance with the more stringent requirement resulting in a greater cost. Such
greater cost shall be included in the BID.
4.2 Reference is made to the Supplementary Conditions for identification of: �
Those drawings of physical conditions in or relating to existing surface and subsurface �
conditions (except Underground Utilities) which are at or contiguous to the site have been
utilized by the ENGINEER in the preparation of the Contract Documents. The Bidder may
rely upon the accuracy of the technical data contained in such drawings, however, the �
interpretation of such technical data, including any interpolation or extrapolation thereof,
together with nontechnical data, interpretations, and opinions contained in such drawings
or the completeness thereof is the responsibility of the Bidder. �
4.3 Copies of reports and drawings referred to in Paragraph 4.2 will be made available by the
OWNER for review at the offce of the OWNER by any Bidder on request, if said reports and
drawings are not bound herein. Those reports and drawings are not part of the Contract �
Documents, but the technical data contained therein upon which the Bidder is entitled to
rely, as provided in SC-4.02.0 of the Supplementary Conditions, are incorporated herein by
reference. �
4.4 lnformation and data reflected in the Contract Documents with respect to Underground
Utilities at or contiguous to the site is based upon information and data furnished to the �
OWNER and the ENGINEER by the owners of such Underground Utilities or others, and the
OWNER does not assume responsibility for the accuracy or completeness thereof unless it
is expressly provided otherwise in the Supplementary Conditions or Section 01530 - ,
Protection of Existing Facilities.
4.5 Provisions concerning responsibilities for the adequacy of data furnished to prospective �
Bidders on subsurface conditions, Underground Utilities, and other physical conditions, and
possible changes in the Contract Documents due to differing conditions appear in Paragraphs
4.02,4.03,and 4.04 of the General Conditions,and Supplementary General Conditions. ,
4.6 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any
additional examinations, investigations, explorations, tests, and studies and obtain any
additional information and data which pertain to the physical conditions (surface, �
subsurface, and Underground Utilities) at or contiguous to the site or otherwise which may
affect cost, progress, or performance of the WORK and which the Bidder deems necessary
to determine its Bid for performing the WORK in accordance with the time,price,and other �
terms and conditions of the Contract Documents.
RESERVOIR 16-EXTERIOR COATING REPLACEMENT INSTRUCTIONS TO BIDDER �
MARCH 2O16 00100-2
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i4.7 On request a minimum of 2 days in advance, the OWNER will provide each Bidder access to
the site to conduct such examinations, investigations, explorations, tests, and studies as
each Bidder deems necessary for submission of a Bid. WORK conducted on weekends shall
` be coordinated during regular business hours of the previous week. Location of any
excavation or boring shall be subject to prior approval of OWNER and applicable agencies.
Bidder shall fill all holes, restore all pavement to match existing structural section, and shall
� clean up and restore the site to its former condition upon completion of such explorations.
4.8 The lands upon which the WORK is to be perforined, rights-of-way, and easements for
L access thereto and other lands designated for use by the CONTRACTOR in performing the
WORK are identified in the Contract Documents. All additional lands and access thereto
required for temporary construction facilities or storage of materials and equipment are to
� be provided by the CONTRACTOR. Easements for permanent structures or permanent
changes in existing structures are to be obtained and paid for by the OWNER unless
otherwise provided in the Contract Documents.
� 4.9 The submission of a Bid will constitute an incontrovertible representation by the Bidder
that the Bidder has complied with every requirement of this Paragraph 4 and the following:
� A. That the Bid is premised upon performing the WORK required by the Contract
Documents without exception and such means, methods, techniques, sequences, or
procedures of construction (if any) as may be required by the Contract Documents;
� B. That Bidder has given the ENG[NEER written notice of all conFlicts, errors,
ambiguities, and discrepancies in the Contract Documents and the written resolution
� thereof by the ENGINEER is acceptable to the Bidder; and
C. That the Contract Documents are sufficient in scope and detail to indicate and convey
� understanding of all terms and conditions for performance of the WORK.
5. BID FORMS
= The Bid shall be submitted on the Bid Forms in Section 00300 bound herein. All blanks on
the Bid Forms shall be completed in ink. All names must be printed below the signatures.
The Bid shall be submitted in a sealed envelope which shall be plainly marked in the upper
� left hand corner with the name and address of the Bidder and shall bear the words "BID for"
followed by the Project Name, the OWNER name, the address here bids are to be delivered
� or mailed to,and the date and hour of opening of Bids.
6. CERTIFICATES
� 6.1 Bids by corporations must be executed in the corporate name by the president, a vice-
president, or other corporate officer. Such Bid shall be accompanied by the enclosed
Certificate of Authority to sign, attested by the secretary or assistant secretary,and with the
� corporate seal affixed. The corporate address and state of incorporation must appear
below the signature.
6.2 Bids by partnerships must be executed in the partnership name and be signed by a
t. managing partner, accompanied by the enclosed Certificate of Authority to sign, and
1 RESERVOIR 16-EXTERIOR COATING REPLACEMENT INSTRUCTIONS TO BIDDER
MARCH 2O16 00100-3
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his/her title must appear under the signature and the official address of the partnership �
must appear below the signature.
6.3 Bids by joint ventures must be executed in the joint venture name and be signed by a joint '
venture managing partner, accompanied by the enclosed Certificate of Authority to sign,
and his/her title must appear under the signature and the official address of the joint
venture must appear below the signature. ,
6.4 Bids by limited liability companies must be executed in the limited liability company name
and be signed by a member, accompanied by the enclosed Certificate of Authority to sign, �
and his/her title must appear under the signature and the official address of the joint
venture must appear below the signature.
7. DISQUALIF[CATION OF BIDDERS �
More than one Bid from an individual, firm, partnership, corporation, or association under �
the same or different names will not be considered. If the OWNER believes that any Bidder
is interested in more than one Bid for the WORK contemplated, all Bids in which such
Bidder is interested will be rejected. If the OWNER believes that collusion exists among the
Bidders, all Bids will be rejected. A party who has quoted prices to a Bidder is not hereby �
disqualified from quoting prices to other Bidders, or from submitting a Bid directly for the
WORK.
8. QUANTITIES OF WORK �
Paragraph not used. �
9. SUBSTITUTE OR"OR EQUAL" ITEMS
Not used. ,
10. COMPETENCY OF BIDDERS �
In selecting the lowest responsive, responsible Bidder, consideration will also be given to
the general competency of the Bidder for the performance of the WORK covered by the Bid.
To this end, each Bid shall be supported by a statement of the Bidder's experience as of �
recent date on the form entitled "PROJECT REFERENCES" in the bid Forms.
11. SUBMISSION OF BIDS �
The Bid shall be delivered by the time and to the place stipulated in the Notice Inviting
Bids. It is the Bidder's sole responsibility to see that its Bid is received in proper time and �
at the proper place.
12. BID SECURITY, BONDS,AND INSURANCE '
Each Bid shall be accompanied by a certified or cashier's check or approved Bid Bond in the �
amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the
OWNER and shall be given as a guarantee that the Bidder, if awarded the WORK, will enter
into an Agreement with the OWNER, and will furnish the necessary insurance certificates, �
RESERVOIR 16-EXTERIOR COATING REPLACEMENT INSTRUCTIONS TO BIDDER
MARCH 2O16 00100�
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� Payment Bond, and Performance Bond; each of said bonds to be in the amount stated in the
Supplementary Conditions. In case of refusal or failure to enter into said Agreement, the
� check or Bid Bond,as the case may be,shall be forfeited to the OWNER as liquidated damages.
The parties recognize that actual damages will be very difficult to determine and that the
amount of the bid bond, is a fair and reasonable estimate of damages if the Agreement is not
' executed. If the Bidder elects to furnish a Bid Bond as its Bid security,the Bidder shall use the
Bid Bond forin bound herein.
i13. DISCREPANCIES IN BIDS
In the event there is more than one Bid item in a Bid Schedule, the Bidder shall furnish a
� price for all Bid items in the Schedule, and failure� to do so will render the Bid non-
responsive and will cause its rejection. [n the event there are unit price Bid items in a
Bidding schedule and the amount indicated for a unit price Bid item does not equal the
, product of the unit price and quantity, the unit price shall govern and the amount will be
corrected accordingly, and the BIDDER shall be bound by said correction. In the event
there is more than one Bid item in a Bid Schedule and the total indicated for the Schedule
I does not agree with the sum of the prices Bid on the individual items, the prices Bid on the
individual items shall govern and the total for the Schedule will be corrected accordingly,
and the B[DDER shall be bound by said correction.
� 14. MOD[F[CATIONS AND UNAUTHOR[ZED ALTERNATIVE BIDS
� � Unauthorized conditions, limitations, or provisos attached to the Bid shall render it
informal and may cause its rejection as being non-responsive. The completed Bid forms
' shall be without �nterlineations, alterations, or erasures in the printed text. Alternative
Bids will not be considered unless called for. Oral, telegraphic, or telephonic Bids or
� modifications will not be considered.
15. WITHDRAWAL OF BID
� The Bid may be withdrawn by the Bidder by means of a written reyuest, signed by the
Bidder or its properly authorized representative. Such written request must be delivered
� to the place stipulated in the Notice Inviting Bids for receipt of Bids prior to the scheduled
closing time for receipt of Bids.
� 16. AWARD OF CONTRACT
Award of the Contract, iF awarded, will be made to the lowest responsive, responsible
Bidder based on the TOTAL BID PR[CE whose Bid complies with the requirements of the
, Contract Documents. Unless otherwise specified, any such award will be made within the
period stated in the Notice Inviting Bids that the Bids are to remain open. Unless otherwise
indicated,a single award will be made for all the Bid Items in an individual Bid Schedule.
� 17. RETURN OF BID SECURITY
� Within 14 days after award of the contract, the OWNER will, if requested, return the Bid
securities accompanying such Sids that are not being considered in making the award. All
other Bid securities will be held until the Agreement has been finally executed. They will
� then be returned, if requested,to the respective Bidders who's Bids they accompany.
RESERVOIR 16-EXTERIOR COATING REPLACEMENT INSTRUCTIONS TO BIDDER
MARCH 2O16 00100-5
�
,
• �
18. EXECUTION OF AGREEMENT
The Bidder to who►n award is made shall execute a written Agreement with the OWNER on �
the form of agreement provided reflecting by incorporation the additions, deletions, or
revisions agreed upon, shall secure all insurance,and shall furnish all certificates and bonds ,
required by the Contract Documents within 14 calendar days after receipt of the agreement
forms from the OWNER. Failure or refusal to enter into an Agreement as herein provided
or to conform to any of the stipulated requirements in connection therewith shall be just
cause for annulment of the award and forfeiture of the Bid Security. [f the lowest j
responsive, responsible Bidder refuses or fails to execute the Agreement, the OWNER may
award the Contract to the second lowest responsive, responsible Bidder. [f the second
lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the �
OWNER may award the contract to the third lowest responsive, responsible Bidder. On the
failure or refusal of such second or third lowest Bidder to execute the Agreement, each such
Bidder's Bid securities shall be likewise forfeited to the OWNER. �
19. LIQUIDATED DAMAGES
The Agreement contains a provision for Liquidated Damages. Please carefully read the �
Agreement and all other Contract Documents before submitting a bid.
20. SALES TAX �
Washington State Department of Revenue Rule 170 applies to this contract. Contact DOR
for additional information regarding application of Rule 170. �
All other federal, state, and tocal sales, use or other taxes as required by federal, state, or
local laws shall be included in the various unit bid item prices or other contract amounts. �
END OF INSTRUCTIONS TO BIDDERS i
�
�
,
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�
RESERVOIR 16-EXTERIOR COATING REPLACEMENT INSTRUCTIONS TO BIDDER e
MARCH 2O16 00100-6
'
�
� SECT[ON 00300
� BID FORMS
AGKNOWLEDGEMENT OF BID AND ADDENDA
, BID T0: CITY OF BREMERTON,PUBLIC WORKS AND UTILlT1ES ENGINEERI[VG DIVISION
1. The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an
Agreement with the OWNER in the form included in the Contract Documents to perform the
WORK as specified or indicated in said Contract Documents entitled "RESERVOIR 16—
EXTERIOR COATING REPLACEME[VT."
2. Bidder accepts all of the terms and conditions of the Contract Documents,including without
limitation those in the Notice Inviting Bids and Instruction to Bidders,dealing with the
disposition of Bid Security.
3. This Bid will remain open for the period stated in the "Notice Inviting Bids"unless
otherwise required by law. Bidder will enter into an Agreement within the time and in the
manner required in the"Notice Inviting Bids"and the "instructions to Bidders,"and will
furnish the insurance certificates, Payment Bond,and Performance Bond required by the
Contract Documents.
4. Bidder has examined copies of all the Contract Documents including the following addenda
(receipt of all oEwhich is hereby acknowledged). Failure to acknowledge addenda shall
render the bid non-responsive and shall be cause for its rejection.
Addenda Number: � Date: 3-23-16
�
� 5. Bidder has familiarized itself with the nature and extent of the Contract Documents,WORK,
site,locality where the WORK is to be performed,the legal recjuirements(Federal,state and
� local laws,ordinances,rules,and regulations),and ihe conditions affecting cost,progress or
performance of the WORK and has made such indepencient investigations as Bidder deems
necessary.
, To all the foregoing,and including all Bid For►ns contained in this Bid,said Bidder further
agrees to complete the WORK required under the Contract Qocuments within the Contract
Time stipulated in said Contract Documents,and to acrept in full payment therefore lhe
, Coiitract Price based on ti�e Total Bid Price(s) named in the aforementioned Bid Forms.
� Dated: 3-3'1-16 Bidder: Coatings Unlimited (nc
�' j w (Company Name)
� l
`�.�� /
gy; : -� �,�� .. Title: Pres
� GrEq ..+�id�r .. [•S��nacUre) —
RESERVOIR 16--EXTERIOR COATING REPLACEMENT BID FORMS
� MARCH 2O16 ' 00300-1
�
1
TIFf T
1
I ,(if Corporatian)
i
�
� STATE OF Wash )
) SS; I
COUNTY OF King )
I HEREBY CERTIFY that a meeting of the Board of Directors oFthe 1
Coatings Unlimited inc '
a corporation existing under the laws of the State of Wa held on �
�'� 2016,the fotbwing resolution�vas duly passed and adopted:
"RESOLVED, that � Greg Snider �
as
President of the Corpor-ation, 6e and is hereby autho►•ized to
execute the Bid dated 3-31 , 2016, to the Ciry oF Bremerton by this corporation �
and that his execution tllereof,attested by the Secretary of tlle Carporation,and with
the Corporate Seal affixed,sl�all be the afficial act and deed of this Cnrporation:'
�
I I further certify that said resolution is now in full force and effect.
1N WITNESS WHEREOF,I have hereunto set my hand and affixed tl�e official seal of the �
corporation this 31 st �Y o f March z016.
O
Greg Snider �
Secretary
(SEAL) �
�
�
1
RESERVOIR 16-EXTERIOR COATING REPLACEMENT BID FORMS
MARCH 2Oi6 00300-2 �
�
[
�
BI[)C�RTIIFICA'�E
� ,(if Partnershinl
1 STATE OF )
, SS:
COUNTY OF )
�
I HEREBY CERTIFY that a meeting of the Partners of the
�� � .
� .__ _..
1 �
a partr�ership existing under the+�la�vs oP the State of ,held on
Z�16,the folbwing resolution was duly passed and adopted:
�'. ,,�
"RESOLVED,that as
� of the P tnership, be and is hereby authorized to execute
the Bid dated , 2016, to e City of Bremerton by this partr�ership and that
hisJher executlon thereof,attested the
� shall be the official act and deed of this artnership:'
� I further certify that said resolution is now iP�full foi•ce and effect.
�
�
IN WITNESS WHEREOF, I have hereunto set my h�id this _..,day of .._,
� 2016. �
�
�
� _�_._...._� .._�_.._._ _...
Partrier�
,� (SEAI,)
�
�
�
� RESERVOIR 16-EXTERIQR COATING REPLACEMENT BID FORMS
MARCN 2Q16 003C0-3
��
1
I
$ID CERTIFICAT�
[if joint Venturg�,
. �
STATE OF ) '
� SS:
COUNTY OF )
�
I HEREBY CERTIFY that a meebng of the Principals of the
. �
— � ..._............_.�.,.._..._...._._.._.�._____. .
a jaint venture existing under the laws 2�f the State of he�d on
�
.\
—. _____ . 2016, the�lowing resolution was duly passed and adopted:
�� �
•�
"RESOLVED,that ._ __.,,._ as
of the Joint Venture, �
be and is hereby authorized to execute the Bi ated
2016,to the City of Bremerton by this joint vent�e and that his/her execution
thereof,attested by the .shall be the �
official act and deed oPthis Joint Venture:' � �
I further certify that said resolution is no�v in full force an ffect. , �
�
�.
iN WITNESS WHEREOF, 1 have hereunto set my hand this � .day of �
2016. `
��
O
Managing Par��er �
(SEAL)
�
�
�
RESERVOIR f 6-EXTERIOR COATING REPLACEMENT BID FORMS �
MARCH 2O16 00300-4
�
�
�
B1�('d�RTIFiCATE
� (if Limited Liabilitv Comnanvl
� STATE OF )
) SS:
COUNTY OF )
� �
1 HEREBY CERTIFY that a meeting of the Members of the
'� .
_- ---_._..._..�..._..._.__—�. � ._.._�. _�_�. �._w........................._.�....�_....._.�..�._...._....._.�_____
� ��
a limited liability company existing unc�r the laws of the State of .held an
� ._.._ � . 2016,the fo�wing resolution was duly passed anci adopted:
`.
�,
"RESOLVED,that and
� as members of the Limited Liability Compa , be and are hereby authorized to
execute the Agreement dated �._..._�..._.___..._______._ _..._._____. .___.
� 2016, to the City of Bremerton by this limite iabiliry company and that their
execution thereof shall be the official act and deed o his Limited Liability Company."
� I further certify that said resalution is now in full force an effect.
,
� IN WITNESS WHEREOF, I have hereunto set my hand this day of
2016.
��
� A Limited Liability Com�any
� �y,
Member
By:
� Member
(SEAL)
�
� RESERVOIR 16-EXTERIOR COATING REPLACEP,AENT BID FQRMS
MARCH 2O16 00300-5
1
�
i
$ID SCHEDULE
Folbwin is the Bid Schedule for construction of the RESERVOIR 16-EXTERIOR COATING �
g
REPLACEMENT in accordance with the Contract Documents. The Bid Schedule must be
completed by the Bicider by filling in each blank. The cost item shall be in dollars and cents, '
using numerals only. Failure to do so will render the bid non-responsive and will cause its
rejection. NOTE ON SALES TAX: Washington State Department of Revenue Ruie 170 applies
to this project, Bids wilt be evaluated on the basis of the TOTAL BiD PRICE. �
BID �
1TEM ITEM DESCR[PTION � COST IN DOLLARS&CENTS
NO.
_................_.......... �_--- ...___....._.__._�..........---......_..._._... ___... __ _ __. _�.....----_.�.—.—_._..___ �
1 EXTERIOR COATING REPLACEMENT $ 265,350.00
.. .. ...._.�............_...._......_....._.__�..__..._....._ ..�_._._............__�.__.�_.�....................................._...... �
2 FORCE ACCOUNT $25,000.00
�......................._......_._..�.....__..._.__...._�.__...._._....._............._..._................._...._�..__._..�....._._._..__ ........._...._�.......__..._.....__......_......._.......__..._..............._......_._....._.�............_._�__.._......�....... �
3 TOTAL BASE BID (SUBTOTAL OF BlD $ 29Q�350.00
ITEMS NO.1 AND 2) �
4 SALES TAX Ca�8.7%ON BID ITEM N0.#3 $ 25,260.45 1
_ _ — ' �
5 TOTAL BiD PRICE (SUM OF BiD ITEMS � 315,,61;0.4`5_
' NQ.3 AND 4) �
; '
, �
� _. .
�
�
1
�
RESERVOIR 16-EXTERIOR COATING REPLACEMENT BID FORMS �
MARCH 2Q16 003QC-6
�
�
�
� BiD BOND
� KNOW ALL MEN BY THBSE PRESENTS,
That Coatings Unlimited,Inc. as Principal,and
Western Surety Company as Surety,are
� held and firmly bound ui�to City oFBremertou IiereinaFtercalleci"�WNER,"in the sum of------
' five percent(9�)of the totai bid amount-------------------------------------------------------------------------------dollars,
(not less tl�an 5 percent of tlie total amou�it of the Bidj
' for the paytnent of wliich sum, well and truly to be made, we bit►d ourse{ves, oue• t�eirs, executors, �
� ad►ninistrators,successors,and assigns,jointly and severally,(lrnily by these presents.
WHERF.AS, said Prtncipal has submitted a Bid to said OWNER to perform the WORK required under d�e
bidding scl►edule(s] af tl�e OWNER's Contraet Docan�enls entitleci [tfiS6RV01R 16 - BXTIiRIOR COATING
� REPLACEMIiN7'.
if the Principal is awarded the Bid and,�viti�in 14 calenda�•days after rece3pt of the Conh•act Docwnent for►ns
fram the OWiVER, ('ails to provide the dWNER �vitli tlie dtily execi►ted Agreement; the duly executed
Certificates of[nsurance, tlie duly executed Performance Bond and ti�e cluly executed Payment Bond, all as
specified in the Contract nocuments,then the S►u•ety sliall,wltliout co�idition and witiiin 5 cale�►dar days fi•om
�vrltten de:uand fi•om tlie OWNER, pay to tlie OWNCk iii U.S. funds, by certified or casl�iers check, the ful)
� arnount of this Bid Hond. This Bond shall be irrevoca�le for 90 days after tlie bic!opening,as defined in tl�e
Contract Docunients.
Tl�e Surety stipulates and agr•ees that tlie obligation of said Surely sha11 iii no way be impaired or affected by
an extension of the time wilhin wl�ich the OWNER may accept such bid and Suc•ety fu��ther�vaives notice of
� any sucl►extension. In the event suit is brought upon this bo�id hy said OWNCR and OWNER prevatls,said
Princlpal and Surety sl�aU pay all costs (ncurred by sald OWNER in sucl�suit,including reasonable attorney's
fees and costs ta be fixed by tlie cnurt
� SIGIVED AND SEALED,tl�is 14th day of March 2016
Coatings Unlimited, Inc. �. (SGAL) Western 5urety Company (SEAL)
� � �(Principal)l�' .. [Surety)
��r r�� ` ,�/ .
�.d-�---�,'._ J,�."
� B ..w,�-,- ... ,•�' By: r,,
_......._
y.�y �...�.... ,�',� g ure�� �hristian Rider,Attorney-in-Fact($ignah�re)
(SEA1.AND iVUTARIALACKNOWLEDGMENT OF SURETYj
�
Address of Surety ta which al!notices sl�all be sent
Western Surety Company
� 999 Third Avenue,Suite 2500
Seattle,WA 98104
Address far Service of Process(must Ue a pl�ysical address)
(Same)
l
RESERVOIR 16-EXTERIOR COATING REPLACEMENT BIO FORMS
1 MARCN 2018 00300•7
1
�st�r S re C� a 1
�v v
POWFR OF ATTORIVEY APPUIN'TING INUIt�'IDL'AL ATTORNEY-IN-Fc1C'1' �
hnna•All hien By"Phese Presen�ti,That�VF:S'(FRh SURETY CC)hiPANI'.a South Dukut�curpurauon,is a duly or�anved�nd exisUng corporation
having itti principal o(fice �n the City of 5ioue f.ills. and S�aie ut�5uuth Dakota, and thut it eloes by rirtue�,t the cienaturc and seal Ireren�affix�d hereby �
makc,constimte and appoint
Don Bacic, Maria l�Ioss, l��Iarilyn Larson, Regan Hupf, Christian Rider, Individualty �
. �
of Seatt3e.VVA,its true and ia+v;;�!Atterney(s}-;n-F;zc:�ti-i;h Full Co�t'er ard au;t:ority!ierw�v coafcrred to sien,sea!and execute far and�n its Fehalf bond�.
undertakings:znc3 utt:er ubl�ga,ecy i��strc�i�iei�ts o€ sim�!ar n�;ure '
- In Unlirnited Amounts -
and!o b�nd it thercby as tiilly and to the>.�me eYter,�3s if such,n�tn:;n::n(s were si�ned�y.i i;u!}`��thurire�o!�ficer of thc coR�or.:3iun�nd al!tlte act,ol�aid �
AllOf3lly':PUTStl.ltll lO(I1C 9UiIlOrEiV I78f21JY'�i�l�`Cn,are herehy r�tiiied��nd cen'i-�ned
"fhi,1'nwcr s.�i Attorrer is macEc anu L`XLl'Ull`G�WtiU:lltl IC'dllil E:V d:llhQl'1[1'VI l;ic Dy-i.a�� ��nntcd o�i ti�e re��er,e hercoi.eluty adn��ted.;��i�idicated,by �
thi�sharelEoldcrs of the co�purarion.
In ti'itness 41'hereuf. �y'C:SI'l:l2N SUttli.TY C0�IPANY has cau��� tl�c;e pretii�nts l<� he sitncJ hy iis Vice 1'resiJcnt end ita curpoi.tt� 54a1 lo b� D
heretn:ii'fi�ed on ih�+ 12th:la}�t�f AU�I)�i,�015.
•URET}*„ w � STER '�F SURE 'I' Y COMI' ANY �
3Q�'s
+......,,Cp•x
;�"'�f pP OAq ,i:
sw:4� ra^jpi
i}
3;0,`.s�,p1r:qY.'
��Tti ppMO,� .. V ��
'+w,,,^,•�•y,•°' aul 7.[irullai.Vice Presid�nt
Stnte uf$��ith U:xk�ta �
Counlr of[�4i:�iFel�al�.. ti�
�� I
(��E Ih�s i=ll�Jfl}'U� t�lE};;lti[.�U�),E�e;i:�re i�ie{�e,,;.m..iily�ame 1'aul T Brullat,tu;t;r kn;,u•n.�cho,bein�t bj•me duis'l�vern.�lid dcpu�c:�riJ�,ay: Qtai h�
re4€�es in ihe E:uy ui Siv.ix Fall,.�t;ite o;SoUEII I.)Slil}l:l.,h�t L-e�s li:r�'rr k're.iJ��st o����1=STt:R�SE.!RETY L't}'�1t':I�JY i;c�crit;�cl�n:���d tivh�rit exccuE�d
the a►x�ic in�tn�rrn:ni: lhat tu:krtr,+s tiic ,.:�: nI .a€d :urporatii�n. that th��e:l :;f;ixed u, 1;x:s:iiet is;�trumcr:€ is�u�lr rc�iptaatc�c:;i{, i1�at i1 t��as w al�ixed �.
pursu:n� to au�ttc�n,y gicen hy thc Bre�:c's e�i D,rce;or,,�`�aid c�;-�;uration;:r:d that h�,��ned!ii;n:et�e ther�ic>FtUiSUBtlI[O IIkC:tt131;��rity. and ackno�e�ed�;es
same Eo be the act and clee:!c�f,a;d�.;rpe�ratoun.
�
hly co��im�ss;on expires a.e.a..v..�tias�.w.a..`.e
� .S. G�Ci� �
februury I 2.2p''l � NOTARY PUBLlC � . �
-- e�SOUTN DAItATA � ��
4�i�r���a��wtia..�..�..w�rwti i
S Eich.Not�ry Public
CERTIF1C.a'Tf: �
t. L. Ncitiun. A�tiist:�ru )e�;etary <�I 1VI:57�GRti SURF.i 1' C01,1Pr\til'do herehy ceruly tf�at thr Pot�cr o(:\uorncy hcrcinalw�e se! frnlh is�uH u�
Eorce.and turtlir.r ccriil:v th,�!;7c [3ti•-L.i:i o�:he curpor;uiun p�rntcu o�� the reFrrse hcreo�i..tilt ir� ioie:c fn les��:non�•whereof I h:iv:hereun�r�aul:�ticn'txd
fll�'i1:fillC:lll(I:J�IIr�J thc�cal vt€1��°::+id�c;rp:�r:uiu�3 tl�:>�6'�^ �iay o!�s�G�__ .._.2,Q..�b--' �
�,,•�'�iae�>"�, ��'' E:: S "C E R iV` S LI R E T l' C U M P A N l�'
.:'�;��pfr OA'9 i�+yo:
�i:e. e^;rz� �
'.�t:SF.At.i e��
t S`. :�P.
��IM�BM�
v�✓n
L.Net�c.in..As�i;,tant 5ecretary � I
Furm Fa'_'8U•i-?Oi:
'
�
� The Bidder shall provide the follo�ving information for each Subcontractor�.vho avill perform�vork or labor or render
service to the CONTRACTOR in or about the construcrion of the work or improvement,or a Subcontractor who,
under suUcontract to the CONTRACTOR,specially Fabricates and installs a portion of the work or improvemen[
' according to detailed drawings contained in the plans and specifications,in an amount in excess of 10 percent of the
CONTRACTOR's total bid. The CONTRACTOR shali list only one 5ubcontractor for each portion of the 41lORK as is
defined by the CONTRACTOR in its bid. If no Subcantractor is listed the bidder acknowledges that it does not intend
to use any subcontractor whose work on the CONTRACT wifl exceed 14 percent of the bid price. The Bidder's
� attention is directed to the provisions of Article 6.06 of the Standard General Conditions which stipulates the percent
of the WORK to be performed with the Bidder's own forces. Attach additional sheets if required. THIS FORM MAY
BE SUBMITTED WITHIN 24 HOURS AFTER THE BID OPENING T[ME.
� S1�BGONTRAGTOR#1
Company Name: N/A
� Subcontractor License#:
Work to he performed
AddressJPhone#:
� Bid Amount and%of Total Bid:
SUBCONTRACTOR#2
� Company(Vame:
Subcontractor License#:
Wark to be performed:
� Address/Phone#:
Bid Amount and%of Total Bid:
SUBCONTRACTOR#3
�. Company Name:
Subcantractor License#:
, Work to be performed:
Address/Phone#:
1 Bid Amount and%of Total Bid:
SUBCONTRACTOR#4
Company[Vame:
� Subcontractor License#:
Work to be performed:
� AddressJPhone#:
Bid Amount and%of Total Bid:
�
I,
RESERVOIR 16-EXTERIOR COATING REPIACEMENT B!D FORMS
� MARCN 2016 C0300-8
�
1
1
�NFORMA ION REQUIRED OF BIDDER
�
The Bidder shall furnish the following information. Additional sheets shall be attached as required.
Failure to complete these items will cause the Bid to be non-responsive and will cause its rejection. �
In any event,no award will be made until all of the Bidder's General Information is delivered to the
OWNER.
Na Coatin s Uniimited Inc �
me of Contractor: 9
Primary Classiftcation: _ Painting. '
Address 18420 68th Ave S#110
Kent Wa 98032 D
Telephone: 425-251-3268 �
Fax number: 425-251-3269
E-mail address: gsnider@coatingsunlimited.com
�
Name and contact information for proposed Project Manager: See Attached
�
Employment Security Department Number 718558-001
Washington State lndustrial Insurance Number 594 672 01 •�
Washington State Unified Business Identification(UBl) Number 601 298 793 �I
Washington State Contractor's Registration Number and Exp. Date COATIU1097KA 4-1-17
CityoFBremerton Business License number 17330 �
* ifnot availa6le must he obtnined prror ta mobilization
Name,address,and telephone number of surety company and agent who will provide the required �
bonds this contract: See Attached
..... .� �
�
�
RESERVOIR 16-EXTERIOR COATING REPLACEMENT BID FORMS
MARCH 2Q16 �
C0300-9
�
'
�
� PROjEGT REFERENCES
' To be considered for award, the CONTRACTOR shalE have completed at least three projects of
similar type,complexity,and comparable value to that WORK described in Notice Inviting Bids.
ATTACH TO THIS B(D a list of 3 projects minimum,completed hy lhe CONTRACTOR,that are
' similar to this project in nature,value,and complexity of work. Tlie 3 pro;ects must have been
completed under the bidder's name as the prime (general) contractor within the last S years. The
� list shall include the following infarmation as a minimum:
� • Names,address,and telephone number of owner.
e Name of project.
� • Location of project.
• Brief description of the wark involved.
• Contract amount.
�� • Date of completion of contract.
i � • Name,address,and telephone number of architect or engineer.
• I�ame of owner's project engineer.
• List of major equipment used.
,� • Years in business under current name.
• Contracts now in hand,gross amaunt,and percent complete.
�
�� ,
��
�
� .
�,
RESERVOIR 16-EXTERIOR COATING REPLACEMENT BID FORMS
� MARCN 2016 00300-10
'
1
1
1110N-COLLUSION AFFIDAVIT
,�
STATE OF Wash )
) ss. �
COUNTY OF King )
Greq Snider being first duly sworn,deposes and says that he or she is
of the party making the foregoing Uid that the bid is not made in the interest of,or on behalf of,any �
undisclosed person,partnership,company,association,organization,or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or
solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, �
conspired, connived, or agreed with any bidder or anyone else to put in a sham bid,or that anyone
shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, soughl by
agreement, communication, or conference tivith anyone to fix the bid price of the bidder or any �
other bidder, or to fix any ovei•head, profit, or cost element of the bid price, or of that of any other
bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; tl�at all statements contained in the bid are true; and further,
that the bidder has not, directly or indirectly, suhmitted his or her bid price ar any breakdown �
thereof, or the contents thereof, or diwlged information or data relative thereto, or paid, and will
not pay,any fee to any corporation,partnership,company association,organization,bid,cYepository,
or to any member or agent thereof to effectuate a collusive or sham bid. � , �
�N ��.
Signed: .��., .. .��� ,� �:
, s �� . . ��,� �
,,n,,'� . �°
... ... �� t ' �
... �q € !:
Suhscribed and sworn to beEore me �
� �����_���
this �� day of�;�, 2016
>.. t Lz.t.e..'L. � •�' CL,.,�.��`ry�.r�,_.. �:
Notary Public in and for the
County of King �
State of Wa
�
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�
RESERVOIR 16—EXTERIOR COATING REPIACEMENT BID FORMS �
MARCH 2O16 00300-1 f
1
�
�
r�RTIEICATION BY PR()�OSED�QN'C CTOR B,EGARD[tYG EQ�,JAL EMPLOy(N1ENT
�
[n accordance with Chapter 56, Laws of 1975 1st Extraordinary Session, Certi�cation
regarding Equal Opportunity is required of bidders or• prospective contractors and their
� proposed subcontractors prior to the award of contracts or subcontracts.
� Name of Prime Contractor Coatings Unlimited Inc
Address 18420 68th Ave S #110 kent Wa 98032
� Internal Revenue Service Employer ldentificatioit No. 601 298 793
� � a. Contracta-has participated in a previous contract Yes•No___,
or subcontract subject to the Equal Oppartunity Ciause.
I b. Compliance reports were required to be filed in Yes�No__._
connection with such contract/subcontract.
c. Contractor has filed all compiiance reports required by Yes��fo,�
� Executive Orders 10925, 11114, 11246 or by regulations
of the Equal Opportunity Commission issued pursuant to
Title VII of the Civi] Rights Act of 1964.
� d. If answer to item 'c' is "no", please explain in detail in the space helow.
�.....�._._..w. _..�.__....�......_..................�._...� ._
� � _�. ___�_._._....
� ...__ ...,_..._..�.
� ClERT1FICATION: l, the undersigned,certify that the information above is true and complete
to the best of my knowledge and belief.
� " Coatings Unlimited Inc
Company Name
� Greg Snider Pres
Name anr�:Title of Signer(please ty}�e or print clearly)
� �� s
�,..r�`. �":�._ �.,.,� ,�� _ 3-31-16
'��,. �-
� 5ignature. . -.� Date
RESERVOIR 16-EXTERIdR COATING REPLACEMENT BID FORMS
MARCFI 2016 00300-12
'
�
�
CERT[FICATION UF NON-SE ■RF.G�TF.n FACI1.[TIFS
�
(Applicable to federally assisted construction contracts and related subcontracts exceeding
$10,000 which are not exempt from the Equal Opportunity clause.) �
The federally assisted construction contractor certifies that he does not maintain or provide for his
employees any segregated facilities at any of his establishments,and that he does not permit his �
employees to perform their services at any location,under his cantrol,where segregated facilities
are maintained. The federally assisted constructian contractar certified, further that he will not
maintain or provide for his employees any segregated facilities at any of his establishments,and '
that he will nat permit his employees to perform their services at any location,under his control,
where segregated facilities are maintained. The federally assisted construction contractor agrees
that a breach of this certification is a violation of the Equal Opportunity clause in this contract.
As used in this certification,the term "segregated facilities" means any waiting rooms,work area, �
rest rooms and wash rooms, restaurants and other eating areas,time clocks,locker rooms and
other storage or dressing areas,parking lots,drinking fountains, recreation or entertainment areas, �
transportation,and housing facilities provided for employees which are segregated by explicit
directive or area,in fact,segregated on the basis of race,creed,color,or nationai origin,because of
habit,local custom,or otherwise. The federally assisted construction contractor agrees that �
(except where he has obtained identical certifications from proposed contractors for specific time
periods)he will obtain identical certifications from proposed subcontractors prior to the award of
subcontracts exceeding$iQ,000 which are not exempt from the provisions of the Equal
Opportunity clause,and that he will retain such,certification in this file. �
E TIFICAT[ON: I, the undersigned, certify that the information above is true and complete
to the best of my knowtedge and belief. �
_Coatinc�s Unlimited Inc_._ _ ____ _^� �
_ . ... ...... . ...... �_ _.._.....___..._..�.._...
Company Name
Greg Snider Pres �
Name and Title of Signer(ple�se type or print clearly)
j
�
`.X.:.. �� �
.�...,�a ;.`-� 1�#Fs,'.,, ;` 3-31-16
Signatu?x��. ' �` � Date �
ii
�
;�,
�
RESERVOIR 16-EXTERIOR COATING REPLACEhfiENT BID FORMS ,�
MARCH 2O16 OC300-i3
1
�
�
�FRT[FiCATION 4F F�I.IERAL NON-DE�ARI►��,�fT qND S�jSPENSIQN
� INSTRUCTIONS TO BIDDERS: THIS FORM SHALL BE EXECUTED BY THE COIVTRACTOR AND
SUBMITTED WITH THE BID.
� THE CONTRACTOR SHALL MAKE COPIES AND DISTRIBUTE THIS FORM TO ALL SUBCONTRACTORS.
SUBCONTRACTORS MUST SUBMIT TH1S FORM TO THE CtTY PR[OR TO PERFORMING ANY WORK
� ON THIS PROJECT.
As a prospective contractor for working with the City of Bremerton and as a reyuirement of your
submittal,you are required to provide debarment/suspension certification indicating that you are
� in compliance with the below Federal Executive Order.
Debarment•
Federal Executive Order{E.O.) 12549"Debarment and Suspension" requires that all
�' contractors receiving individual awards,using federal funds,and all sub-recipients certify
that the organization and its principals are not debarred,suspended,proposed far
� debarment,declared ineligible,or voluntarily excluded by any Federal department or
agency from doing business with the Federal Government.
Your signature certifies that neither you nor your principal is presently debarred,suspended,
� proposed for debarment,declared ineligible, or voluntarily excluded fram participation in this
transaction by any federal department or agency. If,at any time during the term of the contract,
such condition occurs the Contractor will notify the City without delay.
�
� CERTIEICATION: I, the undersigned, certify that the information above is true and complete
to the best of my knawledge and belief.
�' Coatinqs Unlimited Inc
Company Name
�
Greq Snider Pres
Name and Tttle of Signer(ple.ase type or print clearly)
1 ; ,,,
lj
_,�'� � ;,, � '� 3-31-16
�,..--�•---��'
� Signatus �,�„ j Date
�� END OF BID FORMS
�
RESERVOIR 16-EXTERIOR COATING REPLACEMENT BID FORMS
MARCH 2Qi6 C0300-94
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�
Coatings lJnlimited, Inc.
18420 68t" Ave S., Ste 11O �
Kent, WA 98032
(425) 251-3268 �
�
RE: Statement of Qualifications (2016)
�
Coatings Unlimited, inc. is located in Kent, Washington and has over a 50,000 square
foot facility equipped with averhead cranes for easy loading and ofF loading of lazge �
tanks, pipe and steel. Additionally, we are licensed in Qregon, Idaho, Montana and
Alaska, �vhcre we perform industrial painting of tanks, water towers and siandpipes. We
also have vast experience in wastewater treatment facilities and shipyards where we can �
provide services for shaft covered fiberglass, shot peening, rubber and PVC coatings.
Our company has 25 years oi�eaperience in applying all types of industrial coatings and
has worked with every major company in the commercial and inarine markets. We are �
happy lo provide an extensive customer reference list upon request.
All of Coatings Unlimited's journey level foreman have minimum of 18 years of �
experience in the industrial field. We have both shop and field operations and offer a
wide variety of services to fit all of your coating needs.
Below is a brief background on each of our senior ro'ect mana ers and estimators and �
P J g
the expertise they bring to our company.
�
GREG SNIDER: Greg is the President of Coatings Unlimited, Inc. and has been
workinb in the industrial coating field for over 36 years. Greg is 100% owner of Coatings �,
Unlimited, Inc. which started in 1990. He has steered the company from a small painting
shop into a multimillion dollar enterprise and takes great pride in the professional
workmansllip and highly trained professionals working for him. His experience includes �
steel structures such as bridges, ship shafts and tank linings and he is also the primary
estimator for all field projects.
�
DALE PACK: DaIe is the General Manager of Coatings Unlimited, Inc. and has been in
the Commercial and Industrial Industries for over 40 years. He is responsible for the day �.
to day operations of the Company on all levels and develops and implemeilts Policies and
Procedures. �
�
�
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�
�
Qualification Letter Page 2
[ Coatings Ualimited, Inc.
�
ROGER MOSHIER: Roger is the chief estimator/project manager for our shop facility
� in Kent. His main job is to work with our shop customers, the shop superintendent, the
shop production manager and the shop foreman to assure a high level of customer
service, on time delivery schedules, quality control and safe work practices. He is
� involved in the day to day operations for the company and has over 36 years of
experience in tlle industrial painting industry. Roger brings a vast amount of knowledge
and experience and has been trained in every aspect of corrosion controlled coatings.
�
MIKE STUDLEY: Mike is our Senior Project Superintendent for field operations and
assists in estimating projects in the field as well. He has worked in the industry for 36
� years specializing in industrial field work concerning the preparation for and application
of corrosion resistant coatings and fluid applied lining systems. Mike oversees the tank,
� reservoir and standpipe field painting operations for the company. His projects include
work in wastewater treatment plants, dams, fisheries, military, marine, pulp and paper
mills and chemical plants. He has successfully supervised and completed projects up to
� $3,000,000.00.
DAN THOMPSON: Dan is an estimator and project manager for field coatings and
lining projects. Dan has worked in the protective coatings and lining industry for 28
years. He has overseen most aspects of the preparation, application and lining for the
� corrosion control of industrial structures in treatment plants, dams, fisheries, military
bases, marine, pulp and paper mills and chemical plants. One of his areas of expertise is
in the application of Linabond Co-Lining Systems.
�
MIKE HASBROOK: Mike is an estimator and projecl manager for field coatings and
� lining projects. Mike has worked in the protective coatings and lining industry for 28
years. He has overseen most aspects of the preparation, application and lining for the
corrosion control of industrial structures in plants, dams, fisheries, military bases, marine,
� pulp and paper mills and chemical plants.
,
� IZOGER F,LTON: Roger is our primary field project mana�erlforeman who has worked
in the industry for 32 years specializing in industrial field �vork concerning the
� preparation for and application of corrosion resistant coatings and fluid applied lining
systems. His projects includc ���ork in vvastewater treatment plants, dams, fisheries,
military, marine, pulp and paper mills and chemical plants. He has successfully
� supervised and completed projects up to $3,OOQ,000.00.
�
�
DAN HOYT: Dan is field project foreman �vho has worked in the industry for 20 years �
specializing in industrial field work concerning the preparation for and application of
corrosion resistant coat►ngs and fluid applied lining systems. His projects include work in
wastewater treatment plants, dams, fisheries, military, marine, pulp and paper mills and �
chemical plants. He has successfully supervised and completed projects up to
$3,000,000.00.
B1tANDON HURER: Brandon is f eld project foreman who has worked in the i.ndustry �
for 10 years specializing in industrial field work concerning the preparation for and
application of corrosion resislant coatings and fluid applied lining systems. His projects �
include �vork in wastewater treatment plants, dams, fisheries, military, marine, pulp and
paper mills and chemical plants. He has successfiilly supervised and coinpleted projects
up to $2,000,000.00. �
UBALDO TONELLA: "Baldy" is the manager in our flooring division. He has worked �
in the industrial and commercial markets for over 41 yeazs and is familiar with many
types of specialized floor applications including, but not limited to, trowet-down epoxy
overlays used in production facilities. CUI has successfully completed numerous projects �
under Baldy's supervision for major market customers and small local companies alike.
TODD KULESZA: Todd is responsible for quality control and safety procedures and �
implementation at Coatings Unlimited. He has had 28 yeazs of experience in the painting
industry and is trained in both marine and industrial applications. He has vast experience
in steel prepazation and various types of coating applications. Todd has also been a �
superintendent, project manager and estimator and is also a NACE Level III certified
inspector.
However large or small the project, Coatings Unlimited, Inc. is ready and fully e ui ed �
9 PP
to handle the job when relating to industrial coatings, corrosion controlled applications,
new construction and existing repairs. We appreciate your interest in our company, and �
would be happy to answer any questians you may have regarding our work.
Thank you for your time in reviewing our qualifications. You can reach us by calling �
425-251-3268, faxing to 425-251-3269, or emailing gsnider@coatingsunlimited.com.
�
Sincerely;
Coatings Unlimited, Inc. �
�
Greg Snider �
President
�
�
�
�
� COMPANY INFORMATION:
Tax ID # 91-1514799 BANKING INFORNIATION:
Columbia State Bank
` UBI # 601 298 793 400 Industry Drive, Ste. 110
Tukwila, WA 98188
� Contractor License # Main Account Number
COATIUI097KA 0950003871
Contact: Robert Salvador
� Labor and Industries # Telephone: 425-251-6522
594,b72-01
� BONDING/INSURANCE:
Employment Security # MCM Insurance Services
718558-001 1325 Fourth Ave., Suite 2100
� Seattle, WA 98101
State Contractor License: Contact: Regan Hupf
� Telephone: 206-343-2323
Alaska Contractor License #
24090 City Business License:
� Idaho Contractor License # Auburn BUS03709
P WC-C-10204-C-4 Bellevue 39170
�� Montana Contractor License # Bremerton 17330
29856 Kent 9113272
Oregon Contractor License # Seattle 132477
` 74250 Renton BL.024062
Kirkland OBL-0003042
� Dun and Bradstreet # Mukilteo 17650
615246709 Redmond RED00019800
Tacoma 500016675
� EPA ID # WA.D009247107
TRI (Toxic Release Inventory)
tWSDOT # 957706 Reporting# 98032COATG18250
SIC Code 1799, 1721
Greg Snider, President Special Fuel User License# 28178
, gsnider@coatingsunlimited.com
Karen Parsons, Office Manager NAICS # 23238
� kparsons@coatingsunlimited.COlI1 23=Const Category 238=Specialty Contractor
�
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�
COATIlVGS UNLTMITED,INC.
CONTRACTS COMPL�TC �
Name of Custo�uer: T.Bailcy,Iuc.
�
Snbco�itrncf/No Dond Required �
CUI Job Number: 7-5945-1 �
Contract Refei•ei�ce Nu�t�ber: 984 ��
Contr�ct Amount: $107,540.00 �
Owner: City of Pi•ineville �
Prineville,UIt ,�
Description of Work: 2013 W�ter Storage Tank#�2 i
Start Date: J�nuar��2014
Completion Date: August 20]4 �
Primary Cantact. Gene T�naka, Presideiit
T.IIailey, Inc.
Address: 12441 l3art�olonze�v Rd �
City, State, Zip: Anacoi•tes, ��A 98221
Telepl�o�ie/Fax; (360)293-0682/(360)293-3893
Name of Ciistomer: T.B:►iley,Inc. �
Subcoutract/No Bond Required �
CU13ob Numbey�; 7-5940-1 �
Contract Reference Number: 987
Contract Amount: $528,700.00
O�vner: No�tlisho�•e Utility Uistrict �
Kenmore, WA
Description of Work: Inglemoor—Reservoir 1 ImE�rovements �
&Reservoir 2 Repai�s
St�it Date; February 2014 ��
Completion Date: October 2014
Primary Contact: Gene Taiiaka, Presidei�t i ,
T. B�i(ey,Inc. I�
Address: 12441 Ba►�tholome�v Rd �
C�ty,State, Zip: Ati�coetes, WA 98221 j
Tele��hone/FaY: (360)293-0682/(360)293-3893 ��
�
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Please Visit:rw,rw.coalingsuniirnited.com �
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Name of Customer: T.Baitey�,Iuc.
� Subcontract/No Eond Reqnired
CU!Job Ni�mber: 7-5985-1 �
Contract Reference Nwnber; 983 '
Co�itract Ainouist: $1�0,500.00 '
� O�vner: Angel of tlte V✓inds Casuio �
Arlington,WA '
Description of Work: 0.26MG Angel of the�'�linds Casino
� Reservoi�•
Sta�t Date: February 20I4
Coinpletion Date: September 201�
� Priulary Contnct: Geiie T�uaka, President
T.Bailey,l�ic.
Address: 12441 Bai•tliolon�c�v Rd
City,State, Zip: A2�acortes, WA 98221 �
� Teleplioi�elFax: (360)293-0682/(364)293-3893 �
NAme of Custonier: Mich��ay Sc���cr District �
, Prime Conh•actorlIiondcd i
CUI Job Ntunber: 7-7360-2 `
Cont�•act Reference Number: I4507 E
Contract Amount: $123,230.00 �
� Ownec: Mid�vay Se�ver District E
Kent, �VA
� Descciption of Work: Des Moi�ies Creek WWTP 2014
Digester Cover/Grit Auger/Flat Roof
Recoating
Statt Date: October 2014 �
� Completioii Date: May 2415
Pcimary Contact: Tim CaEnpbetl,Opera[ions Supervisor �
Add��ess: 1200 5.216�' ;
' City, State,Zip: Kent, Wtl 98089 �
Telephone/FaY: (206) 824-27G0/{20G) 878-0525 j
�
i
Name of Custouier: PUD of Asotin Cowity�
� Prime Coiiti•actoi•/Boucled
CUI Job Number: 7-5990-1
Contract Reference Nu�nbei: ;
� Contcact Amot�i�t: $512,855.63 �
O«�ner: Asotiu County Public Works �
Asotin, WA E
Description of Woi•k: Clarlston Heights Resecvairs Intecior
� Recoating Project ;
Start Date: Octo6er 20i4 '
Completion Date: 1i� Progress
� Prim�ry Contact: Tim Simpson,P�•oject Mauager
Address: PO So�605
City, State,Zip: Clarkston,WA 99403
� Telephone/Pax: (509)758-1958/(509)758-1958
� Please Visit:wtivw.coatingsunlimited.cam
� - I
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r
Name of Customer: City of Tacon�a r
Prime ContraetorBonded
CU1 Job Nuinber: 7-647G-1 �
Contract Reference Nuuiber: 4GOQ009659
Contcact Amount; $290,000.00
Owuer: Tacoma P�►blic Utilities District
Tacotna, WA
Description of Work: T�•eatu►eut Plant 3 Clflrifier Caating �
Start U�te: Apri12014
;
Compfetioii Date: Iii Progress �
Pj�i�ttar)�Contacl: Josepli Parris,Project Manager
Address: 3G28 S 35`�'St
City,Stace,Zip: Taco+na, WA 98409 i�
Telcphonc/Fax: (253)SQ2-84$3/(2S3) SU2-8483 �
3
N�me of Customer: Shi�u� Mecl�auical,Lic.
Subcontract/No Boncl Required �
CUI Job N��mber: 7-6975-2
Co�ttract Refeeence Numi�er: CU0884C 14 �
Contract Au�ouut: $866,320.00 ,�
O�vne�•: King County Coi�struction & ;
. Facilities Mauagement
Seattic, �VA ,�
Descrintion of Work: Digesteis 2,3&�t Roof Equipment
Replacement i
Stait Date: Octobei•201�}
Completion Date: In Prog►�ess �
Primary Contact: J�ke Sntith, Project M��nlger
Address: 18802 80`"Ave. S. �
City,State, Zip: Kent, Wf198032 ��
Tcicphane/Fa:c: (425)203-9800/(425)203-9801
Name of Customer: City of d'uy:+lhip �
Prime Contrlctor/I3oncled
Cl1I Job Nuniber: 7-7470-I
Contract Refereuce Number,
Contract Amowit: $333,200.00 '
�wner: City of Puyal lup
Piryallup, �VA
� Descriptio�i of Work: VJild�vood Pack Resei•voir No. 1 ��
Recoating Pi•oject
Start Date: Octobej•2014 '
Completiai Date: In Progress �
Primary Contact: Mark Pain�er,Cih�Engi�ieer
Address: 333 S.Meridian
City, State,Zip: Puyallup, WA 98371
Telepl�one/I'a�: (253)435-3G06/(253)770-3352 �
Please Visit:vrww.coatingsunlimited.com
:�
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�
� Name of Customer: T. lBailey ;
Sabcontract/Na Bond Required
' CUl Job Number: 7-3660-1
Contract Reference Numbe�•: 961
Contract Amount: $66,300.00 �
O�vnei•: City of Richtatfd ±
� Richland, WA �
Descriptio�i of\Work: Meado���Hitls Water Tank j
St�it Date: Marcf�2Q I 3
� Completion Date: Jul}�2013
Primar��Coutact: Gene Tanaka, Pcesident
T. Bailey, ina
' Addi•ess: 124�1 Bill'�IlOI0l11e1\'Rd
City, State,Zip: Anacoi•tes,WA 98221
Telephone/Fax: (360)293-0G82/(360)293-3893
' Name of Customer: T. Bailey�
Subcontract/l�io Bonct Required
, CUI Job N�nnber 7-4020-1
Contract Reference Number: 955
Contcact Amotu�t: $382,400.00
� O�vner: Joint Base Le�vis McChflrd
Description of Woek: 1�'V912DW-12-R-0(}26
Joint Base Le���is McCord Water
Tanks-FY 12
' Stait Date: Marcli 20 f 3
Cottzpletion D�te: Octo�er 2013
Primary Contact: Gcne Tanaka,President
� T.Bailey,Inc.
Address: 12441 Barttiolome�v Rd
City,State, Zip: Anacortes,WA 98221
� Telephone/Fax: (3G0)293-0682/(360)293-3893
Name of Customer: Cit�� of Pullma»
� Prime Coutract
CUI Job Ntimbei: �-4z42-� �
Contract Refeience Number: 13 02
Couh•act Ainount: $251,713.00
, O�vner: City of Pullman
Puilman, VJA
Descciption of Work: Tanl: 8 Paiuting
, Sta�t Date: Septembec 2013
Completion Date: October 2013 ;
Primary Contact; Kevin Gardes,Project Engineer !
Address: PO Box 2�9 i
, City, State, Zip: Pullman, WA 99163 ;
Telephaie/Fax: (509) 338-3215 /{509}338-3213 ,
Please Visit:www.coatingsunlimifed.com �
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Namc of Customer: City oi'Tacocna �
Prime Covh•act
CUI Job Niimber: 7-46I9-1 t
Contract Reference Number: 46000090G2
Conti�act Amount: $237,851.52
O��mer: TacomA Public Utilities District
Tacoma, �VA �
Description of Work: North End Standpipe Le�d Abatement
Start D�te: Septeinber 2013
Completion Datc: Deccmber 2013 �
Primary Contact: Ralph F.aton, Project F,ngineer
Address: 3628 S 35'h St,
City, State, Zip: Tacoui�, WA 98409 �
Telephone/Fax: (253) 502-847d /(253) 502-8372
Name oi'Customee•: Hoffman Constructio�i �
Subcontract/No Bond Requit•ed
CUi Job Nuuiber: 7-4892-i a
Contract Reference Numbe�•: 42G001 I
O�vner: Taconta Public Utilities
"I'aconta, WA �
Descriptiou of Woi•k: Urcen River Fittiatioii Facility
Total Valuc of Contract: $902,500.00
Start Date: A�ri I 20 t�4 �,
Completion Date: lii progress
Primary Contact: Tom Petersai
Adciress: 1 SOS V4�estlake Ave N., Ste 500
City,State,Zip: Seattle, V►�A 98109 ;�
Telephone/F�:c: (20G)28G-G697/(20G)286-7523 =
Name of Customer: Veterans Nortl�n�est Coush•uction ��
SuUcontract/No�3onct Kequired
CUi Job Number: 7-4876-1
Coiitr��ct Refe!•ence Number: 13-U2 ''
O���nei�: City of Oak Hac•bor
Oak Harbor, WA
Description of Vdock: North Rcseivoir ;'
Total Value of Caitr�ct: $398,900.Q0
Sta�t Date: December 2013
Com��letion Date: ln progress '
P��imary CO11tACf: Albert Na, Project Manager
Vetei•ans North���est Consli•uctioii
Address: ]200 Souti�Dearborn Stceet '
City, State, Zip: Seattle,WA 981�4
Telephone/Fax: 246-324-977/206-32�-9780
Please Vsll:www.coatingsunlimited.com �
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, Name of Customer: Cit,y af BeAvcrto�i
Pe•inie Contractor
CUI Job Number: 7-489G-1
' Contcact Refei•ence Nuc�lber: (CIP�4095)#2822-14
O�vner: City of Bea��erton
Beave��ton,OR
Description of�'Vo��k: Sexto»Mountain I.75MG StandNipe
� Maintenance/Recoatiug Project
Tota1 Value of Conti•act: $385,50�.00
Start Date: August 2013
, Completion Datc: in Pcogress
Prinia�•y Contact: Brion Barneti
City of Beavei�tai
� Address: 1'.b.Ho�:4755
City, State, 'Lip: Beavertocti, OR 97076
Teleplione/Fax: (503)526-2229/(503)526-2490
1
Nxnie of Customcr: King Coann� Water District#90 ' �
' Pe•ime CoutrHctor �
CUI Job Number: 7-5709-1 �
1 Conh•act Reference Ntnnber: 2013-3 �
O���ner: King County Water Distcict �90
Renton, WA �
, Description of Work: Tanl:2 Kccoatiug&Misc.Metal Work
1'ot�l Value of Contr�ct: $656,900.00 �
�
Start Date: December 20 t 3
Coniplction D�te: Li Progress
, Primary Contact: Tom I-ioffinan
Address: 15606 SE 128`�'Street �
City, St:�te,Zip: Renton, �'VA 98059 �
1 Telephone/Fax: (�125)255-9600!(425) 869-1190
' N�me of Customer: Cit,y of Gig Harbor !
Prime Conh•act/Bond Itequircd �
CUl Job NumUer: 7-342G-1
Conh�act Refecence Number: CWP 1208 �
' O���ner: City of Gig Harbor ;
Gig Harbor, R'A '
Description of Work: Grandview Reservoir Repainting �
, Total ValueofConteaet: $19'1,t44.50 �
Start Date: Deceuiber 2012
Completio�i DAte: Apri12013
Primary Contact: Kyle Neiman,Pcoject Manager �
, Address: 3510 Gcandvie�v St
City, State,Zip: . Gig Harbor, �'VA 98335 �
Tele��lione/Faa: {253) 85 I-G 170 �
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Please Visit.a�rww.coatingsu�Iimited.com `
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Name of Custome�: CedAr Ri�•es•WAter& Scrvei•District
P�•ime CaitractBonded Job '
CU17ob Ni�mber: 5-5043-1
Contract Reference Number: 1O163.00
O�vner: Cedar Rivec Water&Se�vec District ,
Renton, l�'A
Description of R'ork: 2.OMG Central Area Reservoir
hlterior Recoating ,
Total Value of Contract: $214,630.00 ;'
Stait Date: Febrt�ar��2011
Completioii Date: Apri12011 �
Primary Coniact: Mike Morris i
Addcess: � 18421 S�Petrovitsky Rd. �,
City,,State, Zip: Renton, WA 98058 - ;
Telephoiie/Fax: (925)255-6370/(42S}288-�880 ��
Name of Customer: T.Bailey,Lu, '
. Siebcontc�ct/No Bond Reqnired
CUl Job Ntuitber: 5-5074-1
Conh•act Reference Nwnber: 927 '
O�vne�•: T.Bailey, Inc. �
Descciption of Work: Stebbins Bulk Fuel Tank Upgrades, �a
Anacortes, WA ,
Total Value ofContract: $131,841.00 �
Starr D�te: May 201 I ,�
Completion Date: May 2011
Primacy Contact: Gene Tan�ka, President
T.Bailey,Ina '
Address: 12441 Bartliolome�v Rd
City, State, Zip: Anacortes, WA 98221 j
Telephone/Fa�: (3G0)293-0682/(360)293-3893 !
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Name af Customci•: Cit,y-of Pullman �
Prime Contract/I3onded Jab
CUI Job Number: 5-5875-1
Coi�tract Reference Ntimber: 1 I-OS ,
Owner: City of Putl�n�n
Pullman, WA
Descriptioii of Work: Tank 9 Paititing ,
Totat Value of Contcact: $191,500.00
Sta�t Date: Septeinber 201 I �
Completioit Date: October 20]1 i
Primary Contact: Bi110���ens, Engineer
City of Pullman �� ,
Addcess: 325 S�Paradise St � '
City, Stafe,Zip: Pullman, WA 99163 f,
Telepho�ie/Fax: (509)338-3281 /(SQ9) 338-3282
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' Namc of Customer: City, of Seattle
Prime ContractBonded Job
, CUI Job Ntimber: 5-6286-1
Contract Reference Number: 2011-004
���iie1•: City of Seattle �
Seattle, WA �
1 Description of V��ork: Ricl�mond Highlands Tank Painting,#2 j
Total Value of Contract: $1,508,525.00 I
Stact Date: W inter 2Q 11 �
, Completion Date: October 2012
Primary Contact: Briai�Eslg,Pcoject Managec
City of Seattle
' Address: PO Box 94687 �
City, St�te,Zip: Seattle, WA 98124
TelephoiielFax: (206)28G-9744/
� Name af Custotner: T, Bailey,Iuc.
Subconti'�Cf/N0 BOII(I RC(�lllrecl
CUl JobNuinUer: 5-6625-t
� Contcact Reference Number: 925
O�vner: Anacortes Public Works Dept. �
PO Bo�:547 �
I Anaco►•tes, WA 98221
Description of Work: City of Anacortes Vt�ater Treatmeut
Plant Improvements
� Total Vafue ofCo�itcact: $223,580.Q0
Start D�►te: March 2011
Completion Date: October 2012
Primaiy Coiitact: Gene Ta«ak�,President
1 T.Bailey, I�ic.
Address: 12441 I3artliolome�v Rd
City, State,Zip: Auaco�tes, 1�VA 98221 i
' Telepl�one/Fa.c: (360)293-0682!(360)293-3893 i
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N�me of Customer: T. Bailey,Inc.
Si�bcontract/No Bouc[Required
' CUi Job Number: 5-b745-1
Cotttract Reference Nuuibei': 941
Owner: Tliurston Caunty Pub(ic Utility Dist. ;
, 921 Lakeridge W�y, Suite 201 ;
Olympia, WA 98502
Description of Work: Tangle�vilde V►�ater System
1 Resei��oir Replacen�cnt and Booster Pump
Total Value of Conteact: $203,9�t0.00
Stai�t Date: Jan 2011 '
Completion Date: Septeinber 20]2 �
, Pj•imary Contact: Gene Tanika,President
T,Bailey, Inc. ;
Address: 12441 Bartholome�v Rd �
' City, State, Zip: Aiiacortes, WA 9S22I ;
Telephone/FaY: (3G0)293-OG82 i(360)293-3893
Please Visit:www.coatingsuniimited.com
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N�me of Castomei•: Cit,y of Milto�y �
Pei�ue Confj•flctBoucled Jab �'
CUI Job Number: 5-6fi41-1
Contract Refereuce Nutnber: G&O#114b3.00 �
O�vuer: To�vii of Milton �
1000 Laural St. �
Milton, \�JA 98354 ,
Descriptian of Work; 15�h Aventie Reservoir Painting
Total Value ofConti•act; $112,850.00 '
Sta��t Date: September 2011
Completio�l Date; FebruaiS�20I2
Prin��r��Contact: Stephen Clarke, Proj. E��gineer �'
Gray&Osborne, Inc. �
Adclress: 701 Dexter Avenue N., Suite 200 '
City, State,Zip: Seattie, �'l�A 98[09
Telepl�onc/Fax: (206}284-O8G0/(20G)283-3206 �
Namc of Customcr: T.I3�ile}�,Iua �
Subcoutr:►ct/No Soncl Required
CU1 Job Nlimbec: 5-5717-1
Contract Reference Numbei•: 931
O��mer: City of Aubucn 'a
Atiburn, WA �
I7escription of��Vork; Lakeland Hi(ls Rcservoic G ;
TotAl Vaiue of Coniract: $110,000.00 ;�
Sta�t Date: July 201 l �
Completion Date: February 2012
Primar��Co�itact: Jiistin R1���Is, Project M��iager �
T.Bailey, Inc.
Address: 124�i 1 B�rtholome�v Rd
City, State, Zip: Anacoi•tes, WA 98221 (
'.1'eleplione/Fax: {360}293-0682/(3b0)293-3893 '�
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Nstme of Customer: City of Bea��erton ±�
Conte•act Reference N�unbei•: Contract
Description of Work: St�ndpipe Painting,
1.75 Mil(ion Gallo�i
Total Value of Contract: $145,750.00 �,
Contpletion Date: Septembei• 1999
P►•imar��Co�itact: S}�a�•on Woodhouse, Purcliasing Manager
Cih�of Beu��erton ,
P.O. Boa 4755
Beaverton,Orego�i 97076
Telepl�one: 503-526-2342 Fax: 503-526-2490 ' '
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Name of Customer: City of Cres�ti�ell
Contcact Refe�•ence Number: Conh•act
' Descriptio�t of Work: Potable Water Storage Tank Painting
Total Value ofContr�ct: $93,SOQ.00
Completion Date: 1u(y 1999
' Primary Coniact: Rou Hausou, Managec
City af C:•eswell
l3 South IS' Street
' C�•es�vell,Oregon 97�26 ;
Tetep(zo�ic: 5��1-895-2531 Ft�x: 541-895-3d47 E
Naii�e af Customcr: CUIISOII(IfitC(I ICl'IgAtl011 DISff•ict !
� Contract Rcferei�ce Nuniber: Conh•Act ;
Descriptio�i of Work; Painting of 3 e�cli 50,000 Gallo�ti . �
Reservoirs �
, Total Value of Co�it►•act: $l 15,000.00
Completioi�Date: Mfly 1999 �
Primary Contact: Robert Asl�craf�, District Manager �
� Cousolidated Irrigs�tion Disfrict .
North 120 Greenacres Road �
Greenacres, Wasi�ington 9901G j
Telepl�o�ie: 509-92�#-3655 Fnx: 509-924-3927
� Name of Customer: T Baile,y
Coiih•�ct Refereiice N�imbei•: Cont�•act
, Descriptio�� of Work: Y2K Taiik Colting i
Tota) V�lue of Conh•act: $844,750.00
Completion D�tc: Maccl�2000
� Pi•imary Co�itact: Patrick Ynmashita, City Engineer
Cih' of Mercer Island
9Gl t Sot►theast 36°i Street
� Mercer Island, Washi��gton 98040
Telepho�ie: 206-23G-5300 Fa�.:206-236-3599 I
' � Namc of Customec: T.I3ailey,Inc.
Contract Reference Nu�iibe�•: 729 j
Description of Wock: Deicing Storim<<ater System Storage Tank �
, P�intiug,Porfla�►d Internafiounl Airport,-
Partl�nd, Oregon
Total Value of Cot�tract: $?9,SSO.OQ
Completion Date: Septeii�ber 2001 �
1 Primary Contact: Justin lta�vls, Project Manager �
12441 $artholome�v
Anacoi�tes, W�sliingtai 98221 I
' Telephone: 3G0-293-Ob82 Far:360-293-3893 -
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Namc of Cnstouier: Reliable Steel F�bricators,Tnc.
Contract Reference Nwnber: 20418 '
llescription of V�'ork: Clarl{Public Utility�District
R��vsou Road Reservoir Painting
7'otal Value of Coiltract: $43,500.00 -
Completion Date: Jt�ly 2001 t
Primary Coiitract: Russell Gibbs, Project Manager
P.O.Box 9
Olympia, Washington 98507 I
Teleplio�►e: 360-352-7575 F�x 360-357-9937
N�rne of Customei: V4'esteru Tnulc and Pipc,It►c. �
Contract Reference Nw�iber: Subcontract ��
llescription of Work Yamhill Reservoir Painting ;
City, of Ynmhill,Uregon ;
Total Value of Coiitract: $31,500.00 � f
Cot»pletio��Date: At�gtist 2d01 �
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Primary Contact: Bill Kalbi•eiter �
Wcstern Tank�nd Pipe, lnc. '�
10717 Southe��st I-I�rold 5treet
Portland,Oregon 97266
Telepl�oi�e: 503-760-9286 Fax; 503-762-1232 �
Name of Customcr: Uuifed Steel Erectors,Iuc.
Contract Reference Nwnber: SubcontrAct �
Descriptioi�of��Jock: FIeiglits Watec Dist�•ict •
Resei voi� Paintiug&Disii�feciton
VASI1011 IS�211CI, Wasl�ington Total Value ofContract:
$�o,3G0.oa �
Completion Date: Marcl�2001
Primary Contaet: Chuck Cousius,Project Manager
United Stee!Ecectors �
7525 Soiitlieast Lake Road
Mil�vaukie,Oregon 972G7 ;
Teleplione: 503-654-7511 Fa�: 5a3-GSa-594 E
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Name of Customer: Roclty�Moiuitlin I+abricata•s ,�
Contract Reference Number: C-1050
Desa•iption of Work: Painting of 3 Field Erected Tanks&Pipiiig,
Peiid Oi•cille Miue,Metaline, WA
Total Value oFContract: $33,900.00 €'
Completioi� I)ate: August20Ql �
Primary Contact: Jatnes T.Anderson, Project Manager �
Kocky Mountain Nabricators '�
1125 West 2300 Nortl�
Salt Lake City, Utah 84 I]G ,
Telephone: 801-596-2400 Fa�: 801-322-2702 ;, �
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Please Visit:�vww.coatingsunlfmited.com
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, Name of Customer; Western TRnk Aud Pipe •
Contcact Reference Number: Subcontract—Pinevitle, Oregon
, Descriptioc�of Vuork: 1.0 Milliou Gallo�t Reservou•Pai�iting �
Total Vati�e of Coi�tract: $41,240.00
Completifln Date: Apcil 2002 �
Primar}�Contact: William Kalbre�ze�•
' Western Tauk a�id Pipe
10712 Southeast Hacold Street
Portland, �rego�i 97266
� Telephone: 503-760-9286 Fax: 503-762-1232
� Name of Custo�ncr: Cit,y of Puyallup
Contract Reference Ntunbec: 159
Description of Work: I S`h & 9'�'St Reservoi�•
Total Vstue ofContract: $168,92i.90 '
� Completion Date: Juty 2002
Primary Contect: Doug M�clean, Water Divisian Supervisor
City OfPuyaltup
, f 100 39�'Ave SE
Puyalliip, V►�A 98374
Telephone: 253-841-5508 Pax; 253-841-5437
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N�me of Customer: Totii�n Of Frid�y
' Contract Reference Number: ContrAct G&O t�01449
Descriptiou of\�/ork: 500 Nfg Riveted Reservoir,San Juen County
Total Value of Contract: $260,369.00
, Completiou Date: July 2003
Prim�cy Contact: Ken En.nes,Project Enginee�• �
Grny�Osbourne
701 Dexter Ave N.Sle 200
' Seattle, WA 98109
'I'cle��hone:20G-284-08G0 Fax:206-283-320
Coltings Uulimited Inc Itns o��cr h��cuty��e:�rs experiencc iu the indush•i�l colting �
� m;�rket place.
We l�ave�uany more refereuces if needecl.
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1� SECTION 00500
AGREEMENT
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' THIS AGREEMENT is dated the 2nd day of �y in the year 2016 by
�I and between City of Bremerton(hereinafter called OWNER) and
�� Coatings IInlimited, Inc.
(hereinafter called CONTRACTOR).
� OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
I
� ARTICLE 1. WORK.
COIVTRACTOR shall complete the WORK as specified or indicated in the OWNER's Contract
'� Documents entitled RESERVOIR 16-EXTERIOR COATING REPLACEMENT
�
�
ARTICLE 2. CONTRACT TIMES.
� Substantial Completion for the WORK must be achieved not later than 90 calendar davs from the
date of Notice to Proceed. Final Completion and Acceptance of the Work must be achieved not later
' � than 30 calendar days after Substantial Completion.
ART[CLE 3. LIQUIDATED DAMAGES.
' I OWNER and the CONTRACTOR recognize that time is of the essence of this Agreement and that the
OWNER will suffer financial loss if the WORK is not completed within the time specified in Article 2
' herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions
and Suppleinentary Conditions. They also recognize the delays, expense, and difficulties involved in
' , proving in a legal proceeding the actual loss suffered by the OWNER if the WORK is not completed on
time. Accordingly, instead of requiring any such proof,the OWNER and the CONTRACTOR agree that
� as liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay the OWNER 500
' i for each day that expires after the time specified in Article 2.
' ARTICLE 4. CONTRACT PRICE.
, OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract
Documents in current funds the amount set forth in the Bid Schedule(s).
' I ,
' . ARTICLE 5. PAYMENT PROCEDURES.
`' I CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
' !
` _ � (Contractor Initials)
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RESERVOIR 16-EXTERIOR COATING REPLACEMENT AGREEMENT
MARCH 2O16 00500-1
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ARTICLE 6. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR '
concerning the WORK consist of this Agreement (Section 00500) and the following attachments to
this Agreement:
• Notice Inviting Bids (Section 00030). ,
• Instructions to Bidders (Section 00100). '
• Bid Forms including the Bid, Bid Schedule(s),Information Required of Bidder, Bid Bond,and all
required certificates and affidavits (Section 00300). '
• Performance Bond (Section 00610).
• Payment Bond (Section 00620). �
• General Conditions (Section 00700).
• Supplementary General Conditions (Section 00800). �
• Technical Specifications as listed in the Table of Contents,including appendices. �
• Drawings as listed in the List of Drawings.
• Addenda numbers 1 to 1 .inclusive. �
• Change Orders which may be delivered or issued after Effective Date of the Agreement and are
not attached hereto, 1
There are no Contract Documents other than those listed in this Article 6. The Contract Documents
may only be amended by Change Order as provided in Paragraph 3.04 of the General Conditions. 1
ARTICLE 7. WAIVER OF IMMUNITY.
The CONTRACTOR and OWNER acknowledge and agree that they have negotiated the following in �
accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his
immunity under industrial insurance under Title 51 RCW. The CONTRACTOR and OWNER
acknowledge and agree to the requirements for indemnification in paragraphs 00700 6.20 and '
00800 SC-6.20. The provisions of this article shall survive the termination or expiration of this
agreement. �
ARTICLE 8. SUSPENSION OF WORK AIVD TERMINATION �
The Contractor agrees to the right of the OWNER to suspend work or terminate this agreement as '
indicated in Article 15 of Section 00700 (Standard General Conditions) and Section 00800
(Supplementary Conditions). �
'
(Contractor Initials)
�
RESERVOIR 16-EXTERIOR COATING REPLACEMENT AGREEMENT
MARCH 2O16 00500-2 '
'
' ', ARTICLE 9. ASSIGNMENT
No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without the written consent of the parly sought to be bound; and
specifically but without limitation monies that may become due and monies that are due may not be
assigned without such consent (e�cept to the extent that t;�� effe:,t of th►s restricti�n may be liinite�
� by law), and unless specifically stated to the contrary in any written consent to an assignment, no
� assignment will release or discharge the assignor from any duty or responsibility under the Contract
Documents. The OWNER, in its sole discretion, may refuse to allow the CONTRACTOR to assign any
, ' or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an
i assignment of funds for security purposes. In the case of an assignment for security purposes the
OWNER may condition its approval to the extent it deems necessary to assure that there will be
� adequate funds to complete the WORK and to pay a subcontractors and suppliers.
1 '�
OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto,its partners,successors,assigns and legal representatives in
,' I respect of all covenants,agreements and obligations contained in the Contract Documents.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed the
1 � day and year first above written.
' i OWNER: Ci of Bremerton CONT Coatings imited, Inc.
� O� 03 /L
' � (signature) (signatur
� � � �. � B Greg Snider
By C,�� l �.,{�In , �' y
(printed name) � (printed namc) � [CORPORATE SEAL]
' I . '
Attest
Attes�--' ��'�-- �` Gw�c�tJl�
' � Ra en L. Parsons, Office Manager
Address for giving notices Address for giving notices
' i �-L--1 ������� �,� ���h �A 28420 68th Ave S., Ste 110
C.i�3(0 Rent, WA 98032
' I License No. COATIIII097KA
' I Approved as to Form• �
�,
Agent for service of process: Gre� Snider
' I ' nature) ,; �__ ' �
� 18420 68th Afii;e S,., Ste 110 •
(Title) Rent, WA 98032��;, - - . `:''. �
' I . •, ''�,� '.n3'�.
t I
RESERVOIR 16—EXTERIOR COATING REPLACEMENT AGREEMENT
' I MARCH 2O16 00500-3
. '
AGREEMENT CERTIFICATE I
(if Corporation)
'
STATE OF WASHINGTON ) '
) SS:
COUNTY OF KING )
�
I HEREBY CERTIFY that a meeting of the Board of Directors of the Corporation
Coatings IInlimited, Inc. 18420 68th Ave S., Ste 110, Kent, WA 98032 '
O
a corporation existing under the laws of the State of Washin�ton ,held on �
�y 2� .2016,the following resolution was duly passed and adopted:
"RESOLVED,that Greg Snider as �
�' . President
of the Corporation,be and is hereby authorized to�execute the Agreement dated 5�2�. 2016,
by and between this Corporation and City of Bremerton and that his/her execution thereof, �
attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the
official act and deed of this Corporation." '
� I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the '
corporation this 2nd ,day of_ �Y .2016.
�
Secreta / P ide '
A/0������/r :_:G�e g Snider
����? '�POR,q' FO '
Q��G� T�~�''� �
o: '�'
�, ��-�
� "
'
AH j N'G��y►
. 1
(SEAL)
�
RESERVOIR 16-EXTERIOR COATING REPLACEMENT AGREEMENT
MARCH 2O16 00500-4
1
'
� AGREEMENT CERTIFICATE
(if Partnership)
�
, STATE OF )
) SS:
, COUNTY OF )
� I HEREBY CERTIFY that a meeting of the Partners of the
�
a partnership existing under the laws of the State of .held on
' , 2016,the following resolution was duly passed and adopted:
� "RESOLVED,that ,as
of the Partnership,
be and is hereby authorized to execute the Agreement dated
, 2016, by and between this Partnership and City of Bremerton and that his/her execution
thereof,attested by the shall be the
official,act and deed of this Partnership."
� I further certi that said resolution is now in full force and effect.
fY
/ IN WITNESS WHEREOF,1 have hereunto set my hand this ,day of
2016.
1
, Partner
�
�
' 1
(SEAL)
,
RESERVOIR 16-EXTERIOR COATING REPLACEMENT AGREEMENT
1 MARCH 2O16 00500-5
e
'
AGREEMENT CERTIFICATE �
(if joint Venture)
. �
STATE OF ) '
) SS:
COUNTY OF )
'
I HEREBY CERTIFY that a meeting of the Principals of the �
�
a joint venture existing under the laws of the State of ,held on �
, 2016,the following resolution was duly passed and adopted:
"RESOLVED,that .as �
of the Joint Venture,
be and is hereby authorized to execute the Agreement dated , �
2016, by and between this Joint Venture and City of Bremerton and that his/her execution
thereof,attested by the shall be the
official act and deed of this Joint Venture." �
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF I have her n �
, eu to set my hand this ,day of ,
2016. �
'
Managing Partner
�
�
�
(SEAL)
e
RESERVOIR 16-EXTERIOR COATING REPLACEMENT AGREEMENT
MARCH 2O16 00500-6 '
'
' AGREEMENT CERTIFICATE
(if Limited Liability Company)
,
� STATE OF )
) SS:
� COUNTY OF )
� I HEREBY CERTIFY that a meeting of the Members of the
�
' a Limited Liability Company existing under the laws of the State of ,held on
,2016,the following resolution was duly passed and adopted:
,� "RESOLVED,that ,and
as members of the Limited Liability Company,
' be and are hereby authorized to execute the Agreement dated ,
2016, to the City of Bremerton by this Limited Liability Company and that their execution
thereof shall be the official act and deed of this Limited Liability Company."
� I further certify that said resolution is now in full force and effect.
, IN WITNESS WHEREOF, I have hereunto set my hand this ,day of ,
2016.
�
A Limited Liability Company
�
By:
' Member
I By�
Member
, (SEAL)
END OF AGREEMENT FORMS
�
RESERVOIR 16-EXTERIOR COATING REPLACEMENT AGREEMENT
' MARCH 2O16 00500-7
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� Bond#58720017
' SECTIOIH 00610
I
PERFORMANGE BOND '
� KNOW ALL MEN BY THESE PRESENTS,
� That Coatings Unlimited, Inc. as CONTRACTOR,
and western Surety Company as Surety,
� are held ai�d f rmly bound unto City of B�•emerton liereinafter called"OWNER,"in the sam of
three hundred fifteen thousand six hundred ten and 45/100
dollars,
rfor the payment of whicli sum, well and truly to be made, we bind ourseives, o�tir heirs,executors,
administrators,successors,and assigns,jointly and severally,firmly by these presents.
� THE CONDITIONS OF THIS OBLIGATION ARE SUCH,that said CONTRACTOR has been awarded and is
about ta enter into the annexed Agreement with sa[d OWNER to perform the WORK as specified or
indicated in tlie Coiitract Dacuments entitled"CITY OF BREMERTON,RES�RVOIR i6-EXTERIOR
� CQATING REPLACEMENT";tiow,therefore,
in the event CONTRACTOR fails to timely or properly perfonn any of the requirements of the Contract
� Documents at tlie times and in tlie manner contalned tlie�•ein, ti�e Surety shall be liable under this
bond up to the amaunt of the bond for the full antoui�t of the OWNERS's expenses to consh•uct or
repair all work as well as all loss,cost, expense or dantage suffered by the OWNEIt in excess of the
Contract amount due to the CONTRACTOR'S failure to comply with any contract or permit conditions
� oi-other applicable 9aws and regulations.
Ttte Surety agrees that within 30 calendar days of receiving notice that the OWNER has declared a
� CONTRACTOR default and formally terniinated d�e CONTRACTOR'S right to complete tlie Contract
pu�•stt2nt to its terms and conditions and that tlie CONTRACTOR has defaulted on all or pa�t of the
terms guaranteed by this bond,the Surety shalt eithe��
� 1. Notify the OWNER in writing of its intent to cure the default itself within a reasonable
period of time acceptable to the OWNER. The OWlVER agrees to pay tl�e balance of the
Coiitract price to the Surery in accordance with the te�mis af the Cot�tract,or
I � 2, Tender to the OWNER the demanded sum,up to the amount of ti�e bond. However,if the
amount necessary for the QWNER to cure the default is less than#he amount tendered,
the OWN�R will return,without irtterest,any ove��ayment to the Surety.
' PROVIDED,that any alterations in the WOItK to be done or the materials to be fui�nished,or changes
in the time of completion, which u�ay�e made pursuant to the terms of said Contract Documents,
shall not in any way release satd CONTRACTOR or said Surety hei•eunde►;na•shall anq extensions of
: ' time granted uuder the provisions of said Contract Documents, release either said CONTRACTOR or
said Surety,a�td notice of such altei�tions or extensions of the Agreement is hereby waived by said I
Surety. , ' .
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R�SERVOIR 16—EXTERIOR CflA71NG REPLACEMENT PERFORMANCE BOND " �
MARCN 20i8 00610-1 . ' j
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' PERFORMANCE BOND
(page 2 of 2)
' i i n f 1� r shall include�•eimbursin tl�e Ci for all costs and ex enses includin
The obl gat o o t e Su ety g ty p , ( g,
but not limited to fees and charges�f engineers,arcliitects,attorneys,and other
' professionals, and court costs if litigation is comanenced) incurred by the OWIVER in enforcing the
provisions of this Bond.
1 The CONTRACTOR liereby agrees that the CONTRACT4R'S obligation to perform the requtred work is
not limited to tlie amount of fands held by the 5urety.This bond is irrevocable and camiot Ue canceled
by the Surety or the CONTRACTOR.
' This bonci s3�a11 remain in fult force and effect far a pertod of one(1}year following final acceptance of
the pt•oject by the City,ai�d until the Uond is released in writing by die OWNER at the written i-equest
of the Surety or CONTRACTOR.
, IN WITNESS WHEREOF,we have hereunder set out•hands and seals this 26th day of April
201 G.
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' UNLp IM��� (SEAL) (SEAL) " ,
�S f 'ngs Unlimited, Inc. , Western Surety Company ,.
PORq'' ,
��•''��4 F•;i
�� C� � (C T ACTOR) [Surety)
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By: By: �
, (Signa u �d SEA (Signature nd SEAL)
�q$NON6��� Regan Hupf,attorn -n-fact
, (SEALANb NOTARIAL ACKNOWLCbG�MENT OF SURETI�
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Address of Surety to wliich all notices sl�all be sent: Western Surety Company
' 333 S Wabash Ave,41st Floor
Chicago. IL 60604
Add��ess ofSurety for service ofprocess: (same)
' (ntust be a physical address) �
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RESERVOIR 16-EXTERIOR COATING REPUICEMENT PERFORMANCE BOND �
t MARCH 2O16 OD690-2 �
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tY Y
' POWER OF ATTORNEY APPOINTING INDIVIDUAI.ATTORNEY-IN-FACT
Know All Men By These Presents,That WI:STERN SURGTY COMPnNY,a South Dakota corporauon,is a duly organized and cxisting corporation
' havmg its princ�pal ofticc m thc Ciry of Sioux Palls,anJ Statc oF South Dakota, and that it docs by virtue of the signaturc and scal hcrom al�tixed hcreby
make,consututc and appoint
� Don Bacic, Maria 1Vloss, Marilyn Larson, Regan Hupf, Christian Ytider, Individually
�
of Scatde,WA,its truc and lawful Attorney(s)-in-Fact wrth full power and authority hcrcby confcrrcd to sign,scal and exccu�e For and on rts behalf bonds,
' undertakings and o�her obligatory instruments of similar nawre
- In Unlimited Amounts -
' and to bind it thcrcby as fully and to lhe samc extent�s�f such instruments wcre signcd hy a duly authurizcd officer of thc corporation and all the acts ol'said
Attorncy,pursuant to thc aulhority hereby given,are hercby ratificd and confirmed.
, This Power of Auomcy is madc and exccuted pursuant to and by uuthority of thc By-Law printed on thc reverse hcrcol;ctuly aJopted,as indicatcd,by
thc sharcholders uf[he corporahon.
' In Witness Whereof, WESTGRN SURETY COMPANY has caused lhese presents [o be s�gned by its Vice President and its corporate scal to be
. hcreto affixed on�his 12th duy of August,2015. .
' �NSSaEr"�:•., WESTERN SURETY COMPANY
r ..........c�
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'ww.,,,�„�,,,w" aul T.E3rullat,V�ce Presidcnt
St.ue of South Dakota 1
7 SS
' County of Minnehaha J
On this 12th day of August,201 S,before mc personally camc Paul T. HruFlat,to me known,who,bcing by mc duly sworn,did dcpose and say: that he
resides in thc City of Sioux Falls,State of South Dakota:that hc is the Vice President of WESTERN SURETY COMPANY dcscribed in and whi�h executed
' the above instrurnent; that he knows the sea! of said corporauon; that the scal uftixed to the said ms[rument is such corpor:�te seal: thut it was so affixed
pursuant to authority givcn by thc Honrd of Direclors of said corporation and that hc sioned his namc therero pursuant io hkc authorily,and acknowlcdgcs
' samc to be the act and dced of said corporauon.
My commission expires �,�~~�������rM~~�~~j
• S. EICH s
, Fcbruary 12.20�I i M�R'ARY PUBLIC i �,/`/�' !
��SOUTM DAKOTA�i
��Ar��4��ti�r�MtirAti�ititti� •
S.Eich,N��tary Public
' CERTIFICA7'E
I. 1. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certiFy thcu the Power of Attorney heremabove set furth �s still m
force,and further cerhfy that lhe By-Law oF thc corporation printed on thc reversc hercof ti still in force. In tesumony whercof[havc hcreunto subscribed
' my name and uflixed[he scal oF thc said corporat�on this ���'�^ day uf .�l�s
a�'°���RET}"'a VVESTERN SURETY COMPAI�IY
�?s�►........,.:003
' =��,e oQ`?ONql:'iQ_
?W:4 �:D•
�'r.��f\Sf O'V.p:
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NNlu�h
' L.Nelson,Assistant Secretary
Furm F�_'80-7-2013
. �
Authorizing Iiy-Law '
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorncy is madc and executcd pursu�nt to und by authority of the following By-Law duly adopted by thc sharcholders '
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attomey, or other obligations of lhe corporation shall be executed in the '
corporate name of the Company by the President, Secretary, and Assistant Secretary, Trcasurer, or any Vice President, or by such other
oflicers as thc Board of Dircctors may authorire. The. President, any Vice Presidcnt, Se�rctary, any Assistant Secretary, or thc Treasurer '
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policics,or undertakings in the name of the Company.
The corporate seal is not necessary for thc validity oP any bonds, policics, undertakings, Powers of Attorney or othcr obligations of the
corporation. The signature oF any�uch oflicer and lhe corporate scal may be printed by facsimile. '
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Bond#58720017 i
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' SECTION 00610
PAYMENT BOND
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' KNOW ALL MEN BY THESE PRESENTS,
That Coatings Unlimited, Inc. as CONTRACTOR,
' and Western Suretv Companv as Surety,
are hetd and firmly Uound unto City of Bremerton hereinafter called "OWNER," in tlie sum oF
three hundred fifteen thousand six hundred ten and 45/100
, dollars,
' for the payment of whicli sum, well and t�vly to be made, we bind ourselves, our heirs, executors,
administrators,successors,and ass[gns,jolntly and severally,fic•mly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH,that said CONTRACTOR has been awa►•ded and is
' about to enter into the annexed Agreement with said OWNER to perform the WORK as specified ar
indicated in tlie Cont��ct Documents entitled "CITX OF BRTM6RTON,RESERVO[R 16-EXTERIOR
COATING REPLACEMENT";now,therefore,
1 lf said COiVTRACTOR,or subcont��actor,fails to pay foi•any matei•ials,equipment,or othec•supplies,or
for rental of satne, used in connection witli tlie performance of wark contracted to be done, or for
amounts due under applicaUle State law for any work or labor thereon,said Surety w111 pay for the
' same in an amount not exceeding tlie sum specified above,and,in the event suit is brouglit upon this
Uond,reasonable attorney's fees to be Hxed by the court. This bond shall inure to the benefit of any
persons,companies,or corporations entitled to file claims under applicable State law so as to give a
, right of action to them or tl�ei►•assigns iii any suit brought upon this bo�id.
PROVIDED,that aiiy alterations in the WORK to Ue done or the materials to be fttrnished,or clianges
in the time of completion, which may be made pursuant to ti�e ter�tts of said Contract Documents,
' shatl not in any way release said CONTRACTOR ot•said Surety thereunder,nor shall any extensions of
time granted under the pravisions oF said Contract Documents release either said CONTRACTOR or
said Surety,and notice of such alte��ations or extensions of the Agreement is hereby waived by said
, 5urety.
The obligation of the Sut•ety shall include reimbursing the City of all costs and expenses,(includ(ng,
' Uut not limited to fee and cha►•ges of engineers, architects, attorneys, and other professionals, and
court costs if titigation is commenced) lncurred by the OWNER in enforcing the provisions of this
Bond.
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RESERV0IR 16-EXTERIOR COATING REPlACEMENT PAYINENT Ba1JD �
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, MARCH 2O16 OQ620-1 ;
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(page 2 of 2)
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' !N WITNESS WHEREOF, we have liei•eunder set our hands and seals thfs 26th aay
of April ,2016.
'
' Coatings Unlimited, Inc. Western Surety Company
(CONTRACTOR) [Surety)
'
1I/Oc, U NvrL�r�'
� ,O��•..¢PO�•••� (
��•'C� Tt�`i BY: '
o;� � (Signature a E (Signature a L) ; ,
v= �� � Regan Hupf, attorney-in-fact ,.
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�'�SHINBZ��►
' (SEAL AND NOTARiAL ACKNOWLEDGEMENT OF SURETYj
' Address oFSurery ta which all notices shall be sent: western suretv Company
3:�3 5 Wabash Ave.41ct Floor
Chicago, IL 60604
' Addi•ess of Su�•ety for se�vice of process: (same)
(must be a physical ac�dress)
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RESERVOIR i6—EXTERIOR COATING REPLACEM�NT PAYMENT BOND �
' MARCH 2O46 Q0620-2 �
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� POWER OF ATTORNEY APPOINTING INDIVIDUAI,ATTORNEY-IN-FACT
Know All Men Ky'1'hese Presents,That WESTERN SURETY COMPANY,a South Dakota corporanon,is a duly organircd and cxistin�corporation
, having its principal office in the City uf Sioux Falls, and Statc ol'South Dako[a,and tha[ rt docs by virtuc of thc signature and scal hcrcin aftixed hereby
makc,consUwte and�+ppo�nt
' Dorn B�cic, Maria Moss, Marilyn Larson, I2egan Hupf, Christian Rider, Individually
'
of Scattic,WA.its truc and lawful a�ltorncyls)-in-Fact wrth ftdl puwcr and authorily hereby conferred to sign,s�al and exccutc for and un its bchalf bonds,
' undertakings and o�her obligatory instruments of similar nawre '
- In Unlimited Amounts -
' and w bind it thcreby as fully and to�hc same extent as if such mstruments were signed by a duly authun•r_ed officer of�he corporation anJ all the acts of said
Attorney,pursuant to�he authonty hereby given.arc hcrcby ruUfied and contirmed.
' This Powcr of Attorncy is m�ide and executed pursuant to and by uuthority of the By-Law printed on the reversc hcreof�,duly�idurtcd,as indicatcd,by
the sharchalders oF the corporation.
' In Witness Whereuf, WESTF.RN SURETY COMPr\NY has caused these presents to be signed by rts V�ce President and �ts curporate tical to be
hereto affixed on th�s 12�h day of August,3015.
p�°VRET� wESTERN SURETY COMPANY
. ' af??��..0..,lp�s' .
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tiR�,`SEp'V1p. .
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��,,,,,,,,,w+`° aul T.Brullat.Vicc Presidcnt
State al Suuth Dukola l
' T ss
County of Vlmnehaha J
On�his 12th day of Augusl,"_'015,heti�re me personally c�une Paul T.Bruilat,to mc known,whu,being by m�duly swom,did deposc and sny: that he
residcs m the Citv of Sioux Falls,State of South D�kota,that hc is thc Vicc Presidcnt ul�WES'f EKN SUR[:TY COMPANY descnbecl m and which cxccutcd
, thc ubovc instrumcnt; that he knows thc scal ol said corporation: lhat the scal uftixed to the said insu�ument is such corporatc seal; ihat it was su uffixrd
pursuant�o authoruy given by lhe I3oard of Directors uf said corpurauon and that he s��ned his name thereto pursuant to like�wthority,and acknowle�ges
' same to be the act and deed oF said corporation. •
�''�y�COI17I171Sti1Of1 fXF11�E\ �\r\►MMtiM�ti�M1tiM��ti�*r�
• S. EICH •
, , �JLC�.� ,
f�Nt7TARY PU�IC�+
Februarv 12,2021 r a
r 54UTH DAKpTA +
fti���wMtiti��titii�w�ti����r♦ . .
S Eich,Notary Public
, CERTIFICATE
l, l.. Vclson, i\tis+stanc Secretary of WESTf:RV SURETY COAIPANY do henby ccrufy that the Power of.atwmey herein�boce set forth is still in
force.:ind funher certify that the 13y-Law of the cor��orauun printcd on thc reve�:tie hereof is still in force. In testimony w•hercof[havc hcreunto;ubscribcd
' my namc and ali ixed thc scal of thc s�iid curporauun this�_day of /"1(ar.� ,�1�.
:,�NS"!•`•Ei}"o"ry, WESTERN SURETY COMPANY
=N?4PP Oqq j�;=�
, ';�i`SFA�'r�'�''
=c,,' Qr
°*��TR DPµ� .
N�IIWN . .
' L.Nelsun,Ass�stant Secretary
form Fd?80-7-�013
, • , , �
Authorizing By-Law �
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power oF Attorncy is madc and executcd pursuant to and by authoriry of thc following By-Law duly adopted by the sharcholdcrs '
of thc Company.
Section 7. All bonds, pol�cies, undertakings, Powers of Attomcy, or other obligations of the corporation shall be executed in the '
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
ofticers as the Board of Directors may authorize. The President, any Vice President, Secre[ary, any Assi�tant Secretary, or the Treasurer '
may appoint Attorncys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity oF any bonds, policics, undertakings, Powers of Attorney or other obligations of thc
corporation. Thc signature of any such ofticer and thc corporate scal may be printed by facsimile. '
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' ALL-PURPOSE ACKNOWLEDGMENT
� State of Washington
County of Kin�
' �Il April 26,2016 before me, Kathleen Maria Moss
DATE NAME OF NOTARY PUBLIC
' personally appeared Regan Hupf ,
NAME(S)OF SIGNER(S)
' Q personally known to me OR ❑proved to me on the basis of satisfactory' evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they
' executed the same in his/her/their authorized
���"'�����, capacity(ies), an that by his/her/their signature(s) on the
.�`��� .�'���q�''•, instrument the person(s), or the entity upon behalf of
' :,`Z`v,��g�ioNF+',o,?�p: which the person(s) acted, executed the instrument.
s �
_ v�e1�TARy�9N'•.N=
_ �:
�..�
�':yG j°UBL��' �,r'oz; WITNESS my hand and official seal.
, '•���'C�Sr.?5�2o.C����
�����F'wAs;`����� .
, Place Notary Seal or Stamp Here ��
SIGNATURE OF NOTARY
' ATTENTION NOTARY: Although the information requested below is OPTIONAL, it may prove valuable to persons
relying on this Acknowledgment and could prevent fraudulent reattachment of this certificate to another document.
�
DESCRIPTION OF ATTACHED DOCUMENT
�
Performance and Payment Bond-City of Bremerton
' THIS CERTIFICATE TITLE OR TYPE OF DOCUMENT
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT 7(including this)
' NUMBER OF PAGES
' 04/26/2016
DATE OF DOCUMENT
1 N/A
SIGNER(S)OTHER THAN NAMED ABOVE
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' Version: 2-04-15
� CITY OF BREMERTON
STANDARD GENERAL CONDITIONS
� OF THE CONSTRUCTION CONTRACT
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
]Ol 5 15th Street N.W., Washington, DC 20005
� (202) 347-7474
www.acec.or
� American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
, (800) 548-2723
www.asce.or�
� Associated General Contractors of America
2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308
(703) 548-3118
www.agc•or�
The copyright for this EJCDC document is owned jointly by the four
� EJCDC sponsoring organizations and held in trust for their benefit by NSPE.
�
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� CITY OF BREMERTON
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
�
TABLE OF CONTENTS
� Page
Article 1 — Definitions and Terminology.......................................................................................................... 1
' ................................................................................................... 1
1.O 1 Defined Tern�s..........................
1.02 Terminology................................................................................................................................ 5
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Art�cle 2 — Preliminary Matters......................................................................................................................... 7
� 2.01 Delivery of Bonds and Evidence of Insurance ........................................................................... 7
2.02 Copies of Docu�nents ................................................................................................................... 7
2.03 Commencement of Contract Times; Notice to Proceed.............................................................. 7
< 2.04 Starting the Work.......................................................................................................................... 7
2.05 Before Starting Construction........................................................................................................ 7
� 2.06 Preconstruction Conference; Designation of Authorized Representatives ................................. 8
2.07 initial Acceptance of Schedules................................................................................................... 8
IArticle 3 —Contract Documents: Intent, Amending, Reuse............................................................................ 8
3.0] Intent............................................................................................................................................. 8
� 3.02 Reference Standards..................................................................................................................... 9
3.03 Reporting and Resolving Discrepancies ...................................................................................... 9
� 3.04 Amending and Supplementing Contract Documents ................................................................ 10
3.05 Reuse of Documents................................................................................................................... 10
� 3.06 Electronic Data ........................................................................................................................... 11
Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
1 Conditions; Reference Points...........................................................:.............................................. 11
4.O l Availability of Lands.................................................................................................................. 11
� 4.02 Subsurface and Physical Conditions.......................................................................................... 11
4.03 Differing Subsurface or Physical Conditions............................................................................. 12
� � 4.04 Underground Facilities................................................................................................................ 13
4.05 Reference Points. 14
4.06 Hazardous Environmental Condition at Site ............................................................................. 15
� ............................................................................................... 16
Art�cle 5 — Bonds and Insurance......................
� 5.01 Performance, Payment, and Other Bonds.................................................................................. 16
� CITY OF BRCM�RTON STANDARD GLNERAL COI�DITIONS
'
5.02 Licensed Sureties and Insurers................................................................................................... 17 �
5.03 Certificates of Insurance............................................................................................................. 17
5.04 Contractor's Insurance................................................................................................................ 17 �
ARTICLE 6-contractor's Responsibilities................................................................................................... 21
6.01 Supervision and Superintendence.............................................................................................. 21 '
6.02 Labor; Working Hours ............................................................................................................... 21
6.03 Services, Materials, and Equipment..........................................
................................................. 22 ,
6.04 Progress Schedule.....................................................................................:................................. 22
6.05 Proposed Substitutions or "Or-Equal" Item............................:.................................................. 22
6.06 Concerning Subcontractors, Suppliers, and Others................................................................... 25 �
6.07 Patent Fees and Royalties........................................................................................................... 26
6.08 Permits........................................................................................................................................ 27 �
6.09 Laws and Reg►alations................................................................................................................. 27
6.10 Taxes........................................................................................................................................... 28 �
6.l 1 Use of Site and Other Areas....................................................................................................... 28
6.12 Record Documents ..................................................................................................................... 29 �
6.13 Safety and Protection.................................................................................................................. 29
6.14 Safety Representative ................................................................................................................. 30
6.l 5 Hazard Communication Programs............................................................................................. 30 �
6.16 Emergencies................................................................................................................................ 30
6.17 Submittals................................................................................................................................... 31 �
6.18 Continuing the Work.................................................................................................................. 32
6.19 Contractor's General Warranty and Guarantee.......................................................................... 33 �
6.20 Indemnification........................................................................................................................... 34
6.21 Delegation of Professional Design Services.............................................................................. 35 �
Article7 -Other Work at the Site .................................................................................................................. 36
7.01 Related Work at Site................................................................................................................... 36 1
7.02 Coordination............................................................................................................................... 36
7.03 Legal Relationships .................................................................................................................... 37 '
Article 8 -Owner's Responsibilities.............................................................................................................. 37
8.01 Communications to Contractor.................................................................................................. 37 ,
8.02 Replacement of Engineer........................................................................................................... 37
8.03 Furnish Data................................................................................................................................ 37 �
8.04 Pay When Due............................................................................................................................ 37
8.05 Lands and Easements; Reports and Tests.................................................................................. 37 �
C'fi'Y OF BRF.MERTON STANDARD G[:1�I:RAL CONDITIONS �
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� 8.06 Insurance..................................................................................................................................... 3 8
8.07 Change Orders............................................................................................................................ 38
� 8.08 Inspections, Tests, and Approvals.............................................................................................. 38
8.09 Limitations on Owner's Responsibilities. . 38
8.10 Undisclosed Hazardous Environmental Condition.................................................................... 38
� 8.11 Compliance with Safety Program .............................................................................................. 38
� Article 9 — Engineer's Status During Construction........................................................................................ 38
9.01 Owner's Representative.............................................................................................................. 38
� 9.02 Visits to Site................................................................................................................................ 38
9.03 Resident Project Representative................................................................................................. 39
9.04 Authorized Variations in Work.................................................................................................. 39
� 9.05 Rejecting Defective Work.......................................................................................................... 39
9.06 Submittals, Change Orders and Payments................................................................................. 39
� 9.07 Determinations for Unit Price Work.......................................................................................... 40 �
9.08 Decisions on Requirements of Contract Documents and Acceptability of Work..................... 40
' 9.09 Limitations on Engineer's Authority and Responsibilities........................................................ 40
Article 10—Changes in the Work; Claims..................................................................................................... 41
� ]0.01 Authorized Changes in the Work............................................................................................... 41
10.02 Unauthorized Changes in the Work........................................................................................... 41
� ]0.03 Execution of Change Orders ...................................................................................................... 41
10.04 Notification to Surety................................................................................................................. 42
� ]0.05 Claims......................................................................................................................................... 42
Article 11 —Cost of the Work; Allowances; Unit Price Work....................................................................... 43
11.01 Cost of the Work......................................................................................................................... 43
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1 l.02 Allowances ................................................................................................................................. 45
' 1].03 Unit Price Work.......................................................................................................................... 46
Article 12 —Change of Contract Price; Change of Contract Times............................................................... 47
, 12.01 Change of Contract Price............................................................................................................ 47
12.02 Cllange of Contract Times.......................................................................................................... 50
� 12.03 Delays.......................................................................................................................................... 50
Article 13 —Tests and Inspections; Correction, Removal or Acceptance of Defective Work...................... 51
� 13.01 Notice of Defects........................................................................................................................ 51
13.02 Access to Work........................................................................................................................... 52
� 13.03 Tests and Inspections.................................................................................................................. 52
CITY OF BREMERTON STANDARD GETv`ERA[,COhDIT10NS
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13.04 Uncovering Work....................................................................................................................... 53 �
13.05 Owner May Stop the Work ........................................................................................................ 53
13.06 Correction or Removal of Defective Work................................................................................ 54 �
13.07 Correction Period........................................................................................................................ 54
13.08 Acceptance of Defective Work.................................................................................................. 55
13.09 Owner May Correct Defective Work......................................................................................... 55 �
Article 14—Payments to Contractor and Completion.................................................................................... 56 �
14.01 Schedule of Values..................................................................................................................... 56
14.02 Progress Payments...................................................................................................................... 56 '
14.03 Contractor's Warranty of Title................................................................................................... 60
14.04 Substantial Completion .............................................................................................................. 60
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14.05 Partial Utilization........................................................................................................................ 61
14.06 Final Inspection........................................................................................................................... 61
14.07 Final Payment............................................................................................................................. 61 �
14.08 Final Completion Delayed....................................................
...................................................... 64
14.09 Waiver of Claims........................................................................................................................ 64 a
Article 15 —Suspension of Work and Termination........................................................................................ 65
l5.01 Owner May Suspend Work........................................................................................................ 65 �
15.02 Owner May Terminate for Cause............................................................................................... 65
15.03 Owner May Tenninate For Convenience................................................................................... 66 �
15.04 Contractor May Stop Work or Tern�inate.................................................................................. 66
Article16—Dispute Resolution...................................................................................................................... 67 ,
16.01 Methods and Procedures ............................................................................................................ 67
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Art�cle 17—M�scellaneous.............................................................................................................................. 67
17.01 Giving Notice.............................................................................................................................: 67
l7.02 Computation of Times............................................................................................................... 67 �
17.03 Cumulative Remedies................................................................................................................. 67
17.04 Survival of Obligations............................................................................................................... 68 '
17.05 Controlling Law.......................................................................................................................... 68
17.06 Headings ..................................................................................................................................... 68 /
17.07 Administrative Procedures and Forms....................................................................................... 68
17.08 Right to Audit............................................................................................................................. 68 �
17.09 Severability................................................................................................................................. 69
17.10 Waiver......................................................................................................................................... 69
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� Article 18 —WASHTNGTON STATE REQUIREMENTS........................................................................... 69
18.O1 Trench Excavation Safety Systems............................................................................................ 69
18.02 Payrnent of Prevailing Wages .................................................................................................... 69
' 18.03 Water Pollution Control Requirements...................................................................................... 71
18.04 Prevention of Environmental Pollution & Preservation of Public Natural Resources ............. 71
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' CiTY OF BRGMERTON STANDARD CiENERA[.CONDIT[ONS
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� AR'I'ICLE ] —DEFINITIONS AND TEIL'VIiNOLOGY
1.01 Defined Ternis
� 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.
r1. Act of God — An earthquake, flood, cyclone, or other cataclysmic phenomenon of nature.
Rain, wind, flood or other natural phenomenon of intensity less than that recorded for the
� locality of the Work shall not be construed as an Act of God and no reparation shall be
made to Contractor for damage to the Work resulting there from.
, 2. Ad�ejtcla—Written or graphic instruments issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the proposed Contract Documents.
� 3. Agreement—The written instrument which is evidence of the agreement between Owner
and Contractor covering the Work.
4. Applicatiori for Paymerit—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.
5. Asbestos—Any material that contains more than one percent asbestos and is friable or is
� releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
� 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the
prices for the Work to be performed.
� 7. Bid Bond— The security to be furnished by the Bidder on the form furnished as a guaranty
of good faith to enter into a contract for the Work contemplated if it be awarded to Bidder.
� 8. Bidder—The individual or entity who submits a Bid directly to Owner.
9. Bidding Docimzerits—The Bidding Requirements and the proposed Contract Documents
t (including all Addenda).
10. Bidding Reqiriremer►ts—The advertisement or invitation to bid, Instructions to Bidders, Bid
� security of acceptable form, if any, and the Bid Form with any supplements.
11. Chaf2ge 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.
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CITY OF BRF.MI:RTON STANDARD Gf:NLRAL CnNDITIONS
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12. Clai�n—A demand or assertion by Owner or Contractor seeking an adjustment of Contract �
Price or Contract Times, or both, or other relief wit11 respect to the terms of the Contract. A
demand for money or services by a third party is not a Claim.
13. Clarification — A written document issued by the Engineer to the Contractor that interprets �
the requirements and/or design intent of the Contract Documents, which may not represent
an addition, deletion, or revision in the Work or an adjustment of the Contract Price or the �
Contract Times. Request For Clarification forms will be provided by the Owner for the
Contractor's use when seeking Clarification.
l4. Co�iformed Contract Doctcments— Contract Documents issued for construction that include �
the Agreement, Bonds, Insurance and Addenda.
15. Coy:tract—The entire and integrated written agreement between tlte Owner and Contractor �
concerning the Work. The Contract supersedes prior negotiations, representations, or
agreements, whether written or oral. �
16. Contract Docz�rnents—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.
17. Cof:tract Price—The moneys payable by Owner to Contractor for completion of the Work �
in accordance with the Contract Documents as stated in the Agreement (subject to the
provisions of Paragraph 1 1.03 in the case of Unit Price Work). �
18. Cor:tract 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.
19. Coritractor—The individual or entity with whom Owner has entered into the Agreement. �
20. Cost of the Work—See Paragraph 1 1.O 1 for definition. �
21. Desigr: Engineer — The City's Consulting Engineer, or staff Engineer who prepared the
drawings and specifications. �
22. Drawings—That part of the Contract Docu�nents 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.
23. Effective Date of�the Agreefrter:t—The date indicated in the Agreement on which it beco�nes �
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.
24. Engineer—T11e Engineer is defined as the City Engineer of the City of Bremerton, �
Washington. ,
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CITY OF BRF.MERTON STANDARD GGNERAL C01�DIT101�S
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� 25. Engineer's P�-oject Manager – The authorized agent or employee of the Engineer,
designated by the Engineer to represent the Engineer in performing the Engineer's duties
related to the Work.
, 26. Fi�tal Co�ripletio�� cztid Acceptance – The time when all incomplete WORK has been
completed, all Defective Work has been corrected or accepted by the Engineer and Owner,
� and all of the Contractor's duties and requirements have been satisfactorily discharged, as
evidenced by the Engineer's Notice of Final Completion and Acceptance.
� 27. Ger:eral Reguireme�:ts—Sections of Division 1 of the Specifications.
28. Hazardozrs Er:viror:rriental Coftdition—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.
, 29. Hazardo:is 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.
� 30. Holiday—A non-working day corresponding to a legal holiday adopted by the City of
Bremerton City Council, during which City offices are closed.
' 31. Laws a��d Regatlations; Laws or Regzrlations—Any and all applicable laws, rules,
regulations, ordinances, codes, and orders of any and all governmental bodies, agencies,
authorities, and courts having jurisdiction.
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32. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or
� personal property.
33. 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.
34. Notice of Award—T11e 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.
, 35. 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 perfornl the
Work under the Contract Documents.
� 36. Otivner—The Owner is defined as the City of Bremerton, located at 345 6`h Street, WA
98337.
� 37. Payment Borrd – The form of security approved by the Owner and furnished by the
Contractor and Contractor's Surety guaranteeing payment for all labor, materials, services
, and equipment furnished for use by the Contractor in performance of the Contract.
38. PCBs—Polychlorinated biphenyls.
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CITY OF BRF.MERTON STANDARD GENI:RAL C01�DIT101�S
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39. Performa�zce Bond – The form of security approved by the Owner and furnished by tlte
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Contractor and Contractor s Surety guaranteeing the complete and faithful performance of �
all the obligations and conditions placed upon the Contractor by the Contract.
40. Petrolezrm—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.
41. Progress Schedicle—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.
42. Project—The total construction of which the Work to be performed under the Contract r
Documents may be the whole, or a part.
43. Radioactive Mate�-ial—Source, special nuclear, or byproduct material as defined by the a
Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
44. Reside�:t Project Represefitative—The authorized agent or employee of tile Engineer O
designated by the Engineer to represent the Engineer in on-site Work. The Resident Project
Representative will act as directed by and under the supervision of the Engineer's Project a
Manager.
45. Sa�rrples—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.
46. Schedt�le of Sztbntittals—A schedule, prepared and maintained by Contractor, of required �
submittals and the time requirements to support scheduled performance of related
construction activities. '
47. Schedule of Valcres—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.
48. Sliop Drawings—All drawings, diagrams, illustrations, schedules, and other data or '
information which are specifically prepared or asse�nbled by or for Contractor and
submitted by Contractor to illustrate some portion of the Work.
49. 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.
50. Speci�cations—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.
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CiTY OF BREMERTON STANDARD GEN�RAL CONDITIOI�S
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� 51. Sicbcontractor—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.
' S2. Sz�bstantial Corrtpletion—The time at which the Work (or a specified part thereofl has
reached a level of completion where, in the opinion of Engineer, the Work (or a specified
. part thereo fl is sufficiently complete, in accordance w�th the Contract Documents, to be
, utilized for the purposes for which it is intended, as evidenced by Engineer's Notice of
' Substantial Completion. The terms "substantially complete" and "substantially completed"
as applied to all or part of the Work refer to Substantial Completion thereof.
, 53. Steccessfiil Bidder—The Bidder submitting a responsive Bid to whom Owner makes an
award.
, 54. Szepplente�►tarv Conditioris—That part of the Contract Documents which amends or
supplements these General Coiiditions.
, 55. Sarpplier—A manufacturer, fabricator, supplier, distributor, material man, or vendor having
a direct contract with Contractor or with at�y Subcontractor to furnish materials or
' equipment to be incorporated in the Work by Contractor or Subcontractor.
56. Undergroirnd 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.
57. Unit Price Work—Work to be paid for on the basis of unit prices.
, 58. 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 funlishing, installing, and incorporating all materials and equipment into
such construction, all as required by the Contract Documents.
� 59. 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
� , 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 Ter�riinologv
' A. The words and ternts discussed in Paragraph 1.02.B through F are not defined but,when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
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CITY OF BRGMERTON STANDARD GFNGRAI,COKDITIONS
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B. Intent of Certain Ternts or Adjectit�es: �
l. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as
directed" or terrr►s of like effect or import to authorize an exercise of professional judgment �
by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper,"
"sat�sfactory," or ad�ect�ves of like effect or 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 performance 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 � 'i
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). �
E. Fttrnish, Install, Pe�fornt, 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.
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CITY OF BREMF.RTON STANDARD Gf:NERAI.CONDITIOhS
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4. When "furnish," "install," or"perform," are 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—PRELIMINAItY MATTERS
' 2.01 Deliverv of Bonds and Evidence of Inszcrance
A. When the Contractor delivers the signed Agreement to the Owner, the Contractor shall also
' deliver such Bonds, insurance policies and insurance certificates in tlie number of copies as the
Contractor may be required to furnish in accordance with the Contract Documents.
' 2.02 Copies of Docti�fnents
A. The Owner s11a11 furnish to the Contractor five copies of Conformed Contract documents
' including Specifications, and reduced size Drawings. Additional copies and up to two full sized
sets of Drawings will be furnished upon Contractor's written request at the cost to the Owner of
� reproduction, handling and shipping.
2.03 CornnTence�rient of Cofitract Tirnes; Notice to Proceed
' A. The Contract Times will commence to run 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.
B. Within sixty (60) calendar days following opening of Bids, the lowest responsive, responsible
Bidder will be furnished with Notice of Award accomplished by three copies each of tlte
rContract Documents in form for Signatures.
C. Within fifteen (15) business days after receiving from the Owner Notice of Award and the
rContract Documents in form for signing, Contractor shall sign and return the Contractor
Documents and furnish to the Owner such Bonds and certificates of insurance as are required
, herein.
2.04 Startirtg the Work
tA. Contractor shall start to perform the Work within 10 days of the Notice to Proceed. No Work
shall be done at the Site prior to the Notice to Proceed.
' 2.05 Before Startir:g Constrtrction
A. Prelimir:ary Schedcrles: 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:
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CITY OF BREMERTON STANDARD GENERAL CONDITIONS
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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 '
3. 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 '
component parts in sufficient detail to serve as the basis for progress payments during
performance of the Work. Such prices will include an appropriate amount of overhead and '
profit applicable to each item of Work. �
4. A schedule of proposed substitute (or-equal) Submittals. '
2.06 Preconstri�ction Cof:ference; Desigfiation ofAz�thor�zed Represefrtatives
� A. Prior to issuance of the Notice to Proceed, a conference attended by Owner, Contractor, �
En ineer and others as a ro riate will be held to esta li
g , pp p b sh a work�ng understanding among the
parties as to the Work and to discuss the schedules referred to in Paragraph 2.OS.A, procedures �
for handling Shop Drawings and other submittals, processing Applications for Payment, and
mainta�n�ng requ�red records.
2.07 Initial Acceptarice of�Schedtcles a
A. At least ]0 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.OS.A.
Contractor shall have an additional ]0 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 and approved by the Engineer.
1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression r
of the Work to completion within the Contract Times. Such acceptance will not impose on
Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress a
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. �
CITY OF BREMERTON STANDARD GENERAL CONDITI(.)T�S
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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.
t3.02 Ref'erence Standards
� A. Standards, Specifications, Codes, Laws, and Regulations
1. 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 t�me of open�ng 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. .
1 3.03 Reporting artd Resolvi�tg Discrepancies
A. Reporting Discrepancies:
' 1. Corrtractor's Review of Contract Docarments 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 Co�ttract Doctrrrients Dt�ring Perforntance 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
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CITY OF BRGMERTON STANDARD GENC•RAL COhDIT10NS
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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 knowledge or '
should have known 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 1
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 8
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 Anrer:ding and S:ipplementing Co�:tract Docziments �
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. However, the requirements of the Contract Documents may be supplemented
and minor yanations and dev�at�ons �n the Work may be authorized, by one or more of the
following ways: �
l. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph
6.17.D.3); or '
2. Engineer's written interpretation or clarification.
3.05 Rezrse 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 r
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. a
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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 format 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.
tB. Because data stored in electronic media format can deteriorate or be modified inadvertently or
othenvise 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 errors detected within the
60-day acceptance period will be corrected by the transferring party.
' 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.
� ARTICLE 4—AVAILABiLITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITiONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
� 4.01 Availabilitv of Lafids
A. Owner shall furnish, as indicated in the Contract Documents, the Site upon which the Work is
, to be performed, rights-of-way or easements for access thereto, and such other lands which are
designated for the use of the Contractor. Nothing contained in the Contract Documents shall be
interpreted as giving the Contractor exclusive occupancy of the lands or right-of—way provided.
1 Owner shall notify Contractor of any encumbrances or restrictions not of general application but
specifically related to use of the Site with wllich Contractor must comply in performing the
Work.
' B. 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 Sttbsttrface arrd Physical Conditions
� A. The Strpplenzefrtary Conditions ldeittifv:
1. Those reports known to Owner of explorations and tests of subsurface conditions at or
, contiguous to the Site.
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 Aisthorized: Contractor may rely upon the
1 accuracy of the "technical data" contained in such reports and drawings, but such reports and
CITY OF BREMERTON STANDARD GENERAL C01�'DITIONS
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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 draw�ngs 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 i
other data, interpretations, opinions, or information.
4.03 Differing Sacbsa�rface or Physical Cortditions �
A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or
revealed either: . �
1. 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 materiall from that shown or indicated in the Contra t �
Y c Documents; ,
the 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 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. Engir:eer'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 obtaining additional
explorat�on or tests with respect thereto, and provide a determination in writing to the
Contractor. �
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l. Possible Price and Times Adjustment — if the Owner concludes that a change in the
' Contract Documents is required by the newly discovered condition, the Owner will respond
to the Contractor's notification by issuing a Work Change Directive, Change Order or
Amendment, as required by paragraph 3.04A. If the Owner concludes that a change in the
� Contract Documents is NOT required, the Owner will respond to the Contractor's written
notification by issuing written Clarification as required by paragraph 3.04B.
t2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if:
a. Contractor knew of the existence of such conditions at the time Contractor made a final
tcommitment 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
� 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
1 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 U�rdergrotrrtd Facilities
, A. Show�i or Ifidicated.• 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
1 Owner, during construction; and
CITY OF BREII4ERTON STANDARD GGNERAL CONDITIONS
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d. The safety and protection of all such Underground Facilities and repairing any damage
thereto resulting from the Work. '
3. The Contractor shall notify the Washington State One Number Locator Service, Phone No. 1-
800-424-5555, at least 2 business days in advance of the commencement of Excavation at �
any site, and shali strictly comply with the requirements of RCW 19.122, et seq. at all times
during the WORK. The Contractor shall be responsible for making itself aware of utility
company facilities not reported by the Washington State One Number Locator Service, and ,
shall be liable for any and all damages stemming from repair or delay costs or any other
expenses resulting from the unanticipated discovery of underground utilities. ,
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 tllereby 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
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 t
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 ]0.05. However, Owner, Engineer, and Design Engineer, shall not be �
liable to Contractor for any claims, costs, losses or damages incurred or sustained by
Contractor on or in connection with any other project or anticipated project. �
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
property 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.
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4.06 Hazardozrs Environ�nental Condition at Site
, A. Reports af:d Drawir:gs: The Supplementary Conditions identify those reports and drawings
known to Owner relating to Hazardous Environmental Conditions that have been identified at
1 the Site.
B. Liirtited Reliarice by Contractor on Technical Data Azrthorized: 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 inforn�ation 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.
1 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.
tD. 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 Contractor 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
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CITY OF BREMERTON STANDARD Gf:NERAL CONDITIONS
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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 t
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 perrnitted 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 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. �
H. 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—BONI)S AND INSLTRANCE
5.01 Performance, Paynient, arad 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. �
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 S.O1.B, 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 '
S.O1.B and 5.02.
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5.02 Licertsed Sa�reties and Inszrrers
1 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 meet such additional requirements and qualifications as may be provided
tin the Supplementary Conditions.
� 5.03 Certificates of Insirrance
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
iinsurance requested by Owner or any other additional insured) which Contractor is required to
purchase and maintain.
, B. 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
fmaintain such insurance.
C. Owner does not represent that insurance coverage and limits established in this Contract
� necessarily will be adequate to protect Contractor.
D. The insurance and insurance limits required herein shall not be deemed as a limitation on
' Contractor's liability under the indemnities granted to Owner in the Contract Documents.
� 5.04 Cotitractor's Insarr-ance
A. The Contractor shall purchase and maintain the insurance required under this paragraph. Such
insurance shall include the specific coverage's set out herein and be written for not less than the
ilimits of liability and coverage's provided in paragraph 5.04C, or required by Laws or
Regulations, whichever are greater. All insurance shall be maintained continuously during the
' life of the Agreement up to the date of Final Completion and Acceptance, and at all times
thereafter when the Contractor may be correcting, removing, or replacing Defective Work in
accordance with Paragraph 13.06. The Contractor's liabilities under this Agreement shall not be
i , deemed limited in any way to the insurance coverage required.
B. All insurance required by the Contract Documents to be purchased and maintained by the
� Contractor shall be obtained from insurance companies that are duly licensed or authorized to
issue insurance policies for the limits and coverages so required by the City of Bremerton
Insurance companies shall have a current Best's Rating of at least "A" (Excellent) general
' policy holder's rating and a Class VII financial size category and shall also meet such additional
requirements and qualifications as may be provided in these General Conditions.
� C. The Contractor shall furnish the Owner, with copies to each additional insured who is indicated
in these General Conditions, with certificates and original endorsements showing the type,
amount, class of operations covered, effective dates and dates of expiration of policies. All of
� the policies of insurance so required to be purchased and maintained (or the certificates or other
CITY OF BREMERTON STANDARD GF,NERAL CONDIT101�S
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evidence thereofl shall contain a provision or endorsement that the coverage afforded will not
be canceled, reduced in coverage, or renewal refused until at least 30 days' prior written notice t
has been given to the Owner and additional insures by certified mail. All such insurance
required herein (except for worker's compensation and employer's liability) shall name the
Owner, the Engineer, and their consultants and subconsultants and their officer's, director's �
agents, and employees as "additional insured" under the policies. The Contractor shall purchase
and maintain the following insurance: . �
1. Workers' Compensation and Employer's Liability: This insurance shall protect the
Contractor against all claims under applicable workers' compensation laws or federal acts, �
including claims for injury, disease, or death of employees which, for any reason, may not
fall within the provisions of a workers' compensation law. This insurance shall include an
"all states" endorsement. in the event of a "monopolistic" state, Contractor shall certify all �
employees are covered by the state fund or shall provide a separate policy providing "all
states" benefits. Employer's liability "stop gap" coverage for rrionopolistic states shall be
provided under either a worker's compensation policy or general liability policy. The �
Contractor shall require each subcontractor similarly to provide workers' compensation
insurance for all of the latter's employees to be engaged in such work unless such employees
are covered by the protection afforded by the Contractor's workers' compensation insurance. �
In case any class of employees is not protected under the workers' compensation laws, the
Contractor shall provide and shall cause each Subcontractor to provide adequate employer's
liability insurance for the protection of such of its employees as are not otherwise protected. �
The Contractor and each Subcontractor shall provide a waiver of subrogation in favor of
the Owner and Engineer.
2. Comprehensive or Commercial General Liability: This insurance shall be written in �
comprehensive form and shall protect the Contractor against all claims arising from injuries
to persons other than its employees or damage to property of the Owner or others arising out �
of any act or omission of the Contractor or its agents, employees, or subcontractors. The
policy shall also include protection against claims insured by personal injury liability
coverage, an "owner's and contractor's protective liability" endorsement and contractual ,
coverage to insure the contractual liability assumed by the Contractor under the
indemnification provisions in the General Conditions. To the extent that the Contractor's ,
work, or work under its direction, may require blasting, explosive conditions, or
underground operations, the comprehensive or commercial general liability coverage shall '
specifically include coverage relative to blasting, explosion, collapse, and/or underground '
hazards.
3. Commercial Automobile Liability: This insurance shall be written in comprehensive form �
and shall protect the Contractor against all claims for injuries to members of the public and
damage to property of others arising from the use of motor vehicles, and shall cover
operation on or off the Site of all motor vehicles licensed for highway use, whether they are '
owned, non-owned, or hired.
4. Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability �
Insurance: The Contractor shall either require each of the Subcontractors to procure and to
maintain subcontractor's public liability and property damage insurance and vehicle liability
insurance of the type and in the same amounts specified in these Supplementary Conditions a
CITY OF BREMERTON STANDARD GENERAL CONDITIONS
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for the Contractor or insure the activities of the Subcontractors under the Contractor's own
� policies.
5. Builder's Risk:
' a. This insurance shall be written in completed value form, and shall protect the Contractor,
Subcontractors, the Owner, and the Engineer, against risks of damage to buildings,
� structures, and materials and equipment (including any stored off-site and while in
transit), Contractors' equipment, debris removal and including demolition and
contingent loss occasioned by enforcement of any applicable legal requirements, and
� shall cover reasonable compensation for Engineer's services and expenses required as a
result of such insured loss. The amount of such insurance shall be not less than the
insurable value of the Work at Final Completion plus equipment. Builder's risk
, insurance shall provide for losses to be payable to the Contractor and the Owner, as their
interests may appear. This insurance shall contain a provision that in the event of
� payment for any loss under the coverage provided, the insurance company shall have no
rights of recovery against the Contractor, the Owner, and the Engineer. This insurance
shall insure against all risks of loss (including earthquake, flood and collapse) and, at the
option of the Owner, shall include comprehensive boiler and machinery coverage
, including coverage for installation and testing.
' b. If the Owner finds it necessary to occupy or use a portion or portions of the Project prior
to Substantial Completion thereof, such occupancy shall not commence prior to the time
mutually agreed to by the Owner and Contractor and to which the insurance company of
' companies providing the Builder's Risk Insurance have consented by endorsement to the
policy or policies.
� 6. The limits of liability for the insurance required by Article 5 shall provide coverage for not
less than the following amounts or greater, where required by Laws and Regulations. Limits
may be provided by a combination of primary and excess liability policies, and then the
� excess or umbrella liability coverage's shall include commercial general, comprehensive
automobile, and employer's liability and shall provide coverage at least as broad as the
underlying policies.
� a. Worker's Compensation:
l. State: Statutory
1 2. Applicable Federal (e.g., USL&H): Statutory
Note: If the Work called for in for the Contract Documents involves work in or
� on any navigable waters, the Contractor shall provide Worker's
Compensation coverage which shall include coverage under the
Longshore and Harbor Workers' Compensation Act, the Jones Act,
/ Maritime Law, and any other coverage required under Federal or State
laws pertaining to workers in or on navigable waters.
1 3. Employer's Liability: $2,000,000
b. Comprehensive General Liability:
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CITY OF BREM�RTON STANDARD GfNERAL COT�DITIONS
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1. Combined Single Limit $5,000,000 Each Occurrence ,
(a) Products/Completed $2,000,000 Each Occurrence
�
(b) Personal Injury $2,000,000 Each Person
2. POLICiES written on a ��claims made basis" are not acceptable. ,
3. Policies shall include premises/operations, products, completed operations, �
independent contractor's, owners and contractors protective, explosion,
collapse, underground hazard, broad form contractual, personal injury with
employment exclusion deleted, and broad form property damage. ,
c. Comprehensive Automobile Liability (including owned, hired, and non-owned
Vehicles): �
1. Bodily Injury: $2,000,000 Each Claimant
2. Property Damage: $2,000,000 Each Occurrence �
D. Contractor agrees to waive all ri hts of subro ation a ainst �the w �
g S g O ner, the Eng�neer, and
Consultants, employees, officers and directors, for WORK performed under Contract.
Endorsements shall be provided with certificates of insurance. �
E. All policies shall also specify that the insurance provided by the Contractor will be considered
primary and not contributory to any other insurance available to the Owner or the Engineer. �
F. All policies except Workers' Compensation and Builders Risk shall name the Owner, Engineer,
their consultants, subconsultants, and their officers, directors, agents and employees as �
additional insured's. The Builders Risk insurance shall name the Contractor, Owner, and
Engineer as named insured's.
�
G. The Contractor shall provide the Owner and all additional insureds with written notice of any
policy cancellation within five days of receipt of such notice. Failure to maintain the insurance
required shall constitute a material breach of contract, upon wllich Owner may, after giving five �
business days' notice to the Contractor to correct the breach, immediately terminate the contract
or, at its discretion, procure or renew such insurance and pay any and all premiums in �
connection therewith, with any sums so expended to be repaid to the Owner on demand, or at
the sole discretion of the Owner, offset against funds due the Contractor from the owner.
H. All costs for insurance, including but not limited to premiums, deductible payments or self- ,
insured retention shall be incidental to and included in the unit or lump sum prices of the
contract and no additional pa}nnent will be made. �
�
CITY OF BRf:MERTON STANDARD G�NERAL CONDITIONS
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, ARTTCLE 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 wh�ch �s shown or �ndicated
� 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.
� C. The Contractor's superintendent shall be present at the Site at all times while the Work is in
progress and shall be available by telephone for emergencies 24 hours per day, 7 days a week.
Failure to observe this requirement may result in a suspension of the Work by the Owner until
� such time as the designated superintendent is again present, full-time, at the Site.
6.02 Labor; Workiiig Hoi�rs
, 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 perniit
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.
The Contractor shall apply for this consent through the Engineer in writing a minimum of three
(3) working days before the holiday or overtime work is to be scheduled.
1 � C. Except as otherwise provided in this Paragraph, the Contractor shall receive no additional
compensation for overtime work, i.e., work in excess of 8 hours in any one calendar day or 40
i � hours in any one calendar week. Additional compensation will be paid to the Contractor for
overtime work only in the event extra work is ordered by the Engineer and the Change Order
specifically authorizes the use of overtime work.
' D. All increased costs of inspection and testing performed during overtime work by the
Contractor which is allowed solely for the convenience of the Contractor shall be borne by the
� Contractor. The Owner has the authority to deduct the cost of all such inspection and testing
from any partial payments otherwise due to the Contractor.
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CITY OF BRFM�RTON STANDARD GBNC•RAL CONDITIONS
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6.03 Services, Materials, and Equiprrieftt �
A. Unless otherwise specified in the Contract Documents, Contractor shall rovide and assume �
P
• full responsibility for all services, materials, equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel, power, light, heat, te(ephone, water, sanitary '
facilities, temporary facilities, and all other facilities and incidentals necessary for the
� performance, testing, startup, and completion of the Work.
B. All materials and e ui ment inco orated into the Work shall '
9 P �P be as specified or, �f 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. No provisions of any such documentation will be effective to assign
to the Owner, Engineer or any of their Consultants, agents or employees, any duty or authority
to supervise or direct the furnishing or performance of the Work. �
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, Q
except as otherwise may be provided in the Contract Documents.
6.04 Progress Schedz�le �
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. �
l. 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 Proposed Szrbstittitions or "Or-Eqttal"Itent
A. Whenever materials or equipment are identified on the "List of Proposed Substitutes" form I
located in the Bid Forms by using the name of a proprietary item or the name of a particular
manufacturer, the naming of the item is intended to establish the type, function, and quality �
required. The materials or equipment of other manufacturers may be accepted if sufficient
information is submitted by the Contractor to allow the Owner/Engineer to determine that the
material or equipment proposed is equivalent or equal to that named, subject to the following '
requirements:
l. The Contractor shall fill out the bid form in Section 00300 titled "List of Proposed �
Substitutes", indicating the manufacturer/model of the proposed substitute. Wherever a
proposed substitution item has not been indicated on this form by the Contractor, the
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CITY OF BRF.MERTON STANDARD GENERAL CONDITIONS
00700-22 �
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Contractor shall provide one of the material or equipment products named in the Contract
� Documents and identified on the "List of Proposed Substitutes" form.
2. The burden of proof as to the type, function, and quality of any such substitution product,
� material or equipment shall be upon the Contractor.
3. The Engineer will be the sole judge as to the type, function, and quality of any such
� substitution and the Engineer's decision shall be final.
� 4. The Engineer may require the Contractor to furnish additional data about the proposed
substitution.
5. The Owner may require the Contractor to furnish a special performance guarantee or other
�, surety with respect to any substitution.
� 6. Acceptance by the Engineer of a substitution item proposed by the Contractor shall not
relieve the Contractor of the responsibility for full compliance with the Contract Documents
and for adequacy of the substitution.
� 7. The Contractor shall pay all costs of implementing accepted substitutions, including
redesign and changes to WORK necessary to accommodate the substitution.
, B. The procedure for review by the Engineer will include the following:
' 1. Submit materials in accordance with this section and the General Requirements.
2. The Engineer will evaluate each proposed substitution within a reasonable period of time.
� 3. The En ineer will record the time re uired b the Engineer in evaluating submittals for
g Q Y
substitutions proposed by the Contractor and in making changes by the Contractor in the
� Contract Documents occasioned thereby.
� C. The Contractor's submittal shall address the following factors which will be considered by the
Owner/Engineer in evaluating the proposed substitution:
� 1. Whether the evaluation and acceptance of the proposed substitution will prejudice the
Contractor's achievement of Substantial Completion on time.
� 2. Whether acceptance of the substitution for use in the WORK will require a change in any of
the Contract Documents to adapt the design to the proposed substitution.
� 3. Whether incorporation or use of the substitution in connection with the WORK is subject to
payment of any license fee or royalty.
1 4. Whether all variations of the proposed substitution from the items originally specified are
identified.
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CITY OF BREMERTON STANDARD GENC'RAL CONDITIOT�S
00700-23
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5. Whether available maintenance, repair, and replacement service are indicated. The
manufacturer shall have a local service agency(within 50 miles of the site) which maintains �
properly trained personnel and adequate spare parts and is able to respond and complete
repairs within 24 hours.
�
6. Whether an itemized estimate is included of all costs that will result directly or indirectly
from acceptance of such substitution, including cost of redesign and claims of other
contractors affected by the resulting change. '
7. Whether the proposed substitute item meets or exceeds the experience and/or equivalency �
requirements listed in the appropriate technical specifications.
D. Without any increase in cost to the Owner, the Contractor shall be responsible for and pay all �
costs in connection with proposed substitutions and of inspections and testing of equipment or
materials submitted for review prior to the Contractor's purchase thereof for incorporation in the
WORK, whether or not the Engineer accepts the proposed substitution or proposed equipment �
or material.
E. Submittal requirements for roposed substitutions: In addition to the general submittal �
requirements indicated in the General Requirements, submittal requirements for the proposed
substitution include:
1. All deviations from the specified re uirements necessitated b the r �
q y p oposed subst�tution.
2. Materials of construction, including material specifications and references. '
3. Performance data, including performance curves and guaranteed power consumption, �
over the range of specified operating conditions.
4. Dimensional drawings, showing required access and clearances, including any changes to �
the work require to accommodate the proposed substitution.
5. Where controls are a part of the proposed substitution, piping, process and �
instrumentation drawings (PIDs), produced in the project format and with project specific
symbols, along with control descriptions.
6. Where controls specified in the project manual require modification to accommodate the �
proposed substitution, piping, process and instrumentation drawings (PIDs), produced in
project format and with project-specific syrnbols, with all required modifications clearly �
highlighted.
7. Information and performance characteristics for all system components and ancillary ,
devices to be furnished as a part of the proposed substitution.
8. Reproducible contract drawings, marked up to illustrate the alterations to all structural, �
architectural, mechanical, electrical and HVAC systems required to accommodate the
proposed substitution.
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C1TY OF BREMERTON STANDARD GENERA[.CONDITIONS
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, 9. A list of installations of the proposed substitution indicating application, location, owner
and date of first use.
� F. Cost of Substitution Submittal Review: Upon receipt of submittal data for the proposed
substitution, the Engineer will estimate the cost of evaluating the request and present the
estimate to the Contractor. The Contractor is advised that the estimate is based upon the best
l information available to the Engineer at the time; however, the actual cost, based on time and
expense, will be documented and applied in the final analysis of the substitution request. If the
, Contractor wishes to proceed with the request he shall advise the Engineer in writing and
submit sufficient additional information as may be requested by the Engineer. No evaluation
will take place until such time as the Contractor has agreed to the estimate in writing and has
� authorized the Engineer to deduct the cost of the evaluation from monthly progress payments
due the Contractor.
� G. Whenever materials or equipment are identified in the Contract Documents but are not listed on
the "List of Proposed Substitutes" form by using the name of a proprietary item or the name of
a particular manufacturer, the naming of the item is intended to establish the type, function, and
� quality required. If the name is followed by the words "or equal" indicating that a substitution
is permitted, materials or equipment of other manufacturers may be accepted if sufficient
information is submitted by the Contractor to allow the Engineer to determine that the material
� or equipment proposed is equivalent or equal to that named as part of the standard submittal
process.
� 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
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. The Contractor
shall perform not less than 30 percent of the WORK with its own forces (i.e., without
subcontracting). The 30 percent requirements shall apply to the Contract Price less the values of
iOwner-assigned contracts and allowance in the Bid for pre-negotiated Work.
� 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
L 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
�
CITY OF BREMERTON STANDARD GENERAL CONDITIONS
00700-25
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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
Work 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 property 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, �
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 Pate�:t 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
�
CITY OF BREM[RTON STANDARD GENERAL CONDITIONS
00700-26 �
,
for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer,
� its use is subject to patent rights or copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights shall be disclosed by Owner in the Contract
Documents.
� B. 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 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 Perntits .
, A. The Contractor shall obtain and pay for all construction permits and licenses from the agencies
having jurisdiction, including the furnishing of insurance and bonds if required by such
agencies, EXCEPT those listed in Paragraph 6.08B, below to be paid for by the Owner. The
i � enforcement of such requirements shall not be the basis for claims for additional compensation
by Contractor. When necessary, the Owner will assist the Contractor in obtaining such permits
� and licenses. The 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.
' B. The Owner will make application for and pay all fees for the City of Bremerton building permit
including structural, mechanical, plumbing, and fire protection. The Contractor shall be
required to obtain the permit at City offices.
� C. The Contractor shall be responsible for obtaining and paying for any and all remaining permits,
licenses and approvals which are necessary and incidental to his operation in performance of the
, WORK, and for giving notices required by such permits and licenses. A copy of each permit
and license shall be furnished to the Engineer upon request. The Contractor shall comply with
any and all requirements contained in all permits, licenses, and approvals which pertain to the
WORK or any portion thereof as if the same were stated herein.
i
D. The Contractor shall be responsible for complying with the requirements of all permits related
� to the WORK, including such permits, licenses and regulatory approvals obtained by the Owner
for the work. Owner-obtained permits and regulatory approvals, if any, are appended to the
Contract Documents.
� 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.
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CITY OF BREMERTON STANDARD GENI;RAL CONDITIONS
00700-27
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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 knowable 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. The Contractor shall collect from tlie Owner and remit to the state, retail sales tax as required by
the laws, statutes, and regulations of the State of Washington and its political subdivisions. The �
Owner will claim any exemption from retail sales tax authorized by law. The Contractor shall
pay all other federal, state, and local sales, use, and other taxes applicable to the WORK and the
Contractor's activities under the Agreement. �
B. The Contractor shall have an active City of Bremerton Business License and shall pay to the
City under said license all applicable City business and occupation (B&O) taxes. B&O taxes �
shall be paid when due and Contractor shall agree to assign any payments due to the City Clerk
for payment of such taxes which have been declared delinquent.
C. The Contractor shall withhold and pay any and all sales and use taxes and all withholdin taxes �
g ,
whether state or federal, and pay all Social Security charges and also all State Unemployment
Compensation charges, and pay or cause to be withheld, as the case may be, any and all taxes, �
charges, or fees or sums whatsoever, which are now or may hereafter be required to be paid or
withheld under any laws. �
�
6.11 Use of Site arid Other Areas
A. Limitation on Use of Site and Other Areas: �
1. The Contractor shall confine construction equipment, the storage of materials and �
equipment, and the operations of workers to the Site, the land and areas identified in and
permitted by the Contract Documents, and the other land and areas permitted by Laws and
Regulations, rights-of-way, permits, and easements. The Contractor shall assume full i
liability and responsibility for any damage to any�such land or area, or to the owner or
occupant thereof or of any land or areas contiguous thereto, resulting from the performance
of the Work. '
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CITY OF BRF,MERTON STANDARD GF,NERAL CONDITIOhS
00700-28 ,
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2. Should any claim be made against the Owner or the Engineer by any such owner or
� occupant because of the performance of the Work, the Contractor shall promptly settle with
such other party by negotiation, agreement or otherwise resolve the claim by arbitration or
at law, at the Contractor's sole liability and expense.
� ntract r's indemnification obli ations for all claims and liabilit arisin directl
3. The Co o g y, g y,
indirectly, or consequentially out of any action, legal or equitable, brought by any such
� owner or occupant against the Owner, the Engineer, their consultants, subconsultants, and
the officers, directors, employees and agents of each and any of them to the extent caused by
or based upon�the Contractor's performance of the WORK shall be in accordance with
, Paragraph 6.20 of the Supplementary Conditions.
B. Rentoval of Debr-is Di�ring Perforrrtayrce of the Work.• During the progress of the Work
Contractor shall keep the Site and other areas free frotn 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. Clearring: 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. Loadi�ig Stnrctirres: 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 Docic�nents
� 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. The Contractor's pay requests shall not be considered payable unless the field record
drawings are current as required by the contract documents.
, 6.13 Safery and Protectio�i
� 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,
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C'ITY OF BRF.MGRTON STANDARD GI:NERAI,COIVDITIOIVS
00700-29
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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
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 inform Owner and Engmeer of the spec�fic requ�rements of Contractor's safety
program with which Owner's and Engineer's employees and representatives must comply while �
at the Site.
D. 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 directiy 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.
The City Reserves the right to replace damaged items at the Contractor's expense if the City �
determines that time is of the essence.
E. 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 Represe�ttative �
A. Contractor shall designate a qualified and experienced competent person at the site whose
duties and responsibilities shall include, enforcing State of Washington — WISHA regulations �
regarding excavations, preventing accidents, and maintaining and supervising construction site
health and safety precautions and programs.
6.15 Hazard Comrnacnication 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 E�nergencies ,
A. In emergencies affecting the safety or protection of persons or the Work or property at tlle 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 �
CITY OF BREMERTON STANDARD GCNERAL C'01�'DITIONS
00700-30 �
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are required as a result thereof. If Engineer determines that a change in the Contract Documents
� is required because of the action taken by Contractor in response to such an emergency, a Work
Change Directive or Change Order will be issued.
� 6.17 StibmittaLs
A. Contractor shall submit Shop Drawings and Samples to Engineer for review in accordance with
� the accepted Schedule of Submittals (as required by Paragraph 2.07j. Each sub�nittal will be
identified as Engineer may require.
� 1. Shop Drawings:
a. Submit number of copies specified in the General Conditions.
� 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. Sarraples:
� 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 submittal 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 performed prior to Engineer's review of the pertinent submittal
will be at the sole expense and responsibility of Contractor.
� C. Sirbntittal Procedz�res:
� 1. Before submitting each Shop Drawing or Sample, Contractor shall have:
a. Reviewed and coordinated each Shop Drawing or Sample witli other Shop Drawings
� and Samples and with the requirements of the Work and the Contract Documents;
b. Determined 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
�
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C;ITY nF BRGMERTON STANDARD GF.NERAL CONDITIOT�S
00700-3 I
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d. Determined and verified all information relative to Contractor's responsibilities for
means, methods, techniques, sequences, and procedures of construction, and safety �
precautions and programs incident thereto.
2. Each submittal shall bear a stamp or specific written certification that Contractor has i
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 ive En ineer s ecific writ en �
8 g p t notice of any var�attons
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 tlle completed Project as a functioning whole as indicated by tlle
Contract Documents. �
2. Engineer's review will not extend to means, methods, techniques, sequences, or procedures
of construction (except where a particular means, method, tecllnique, 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 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. Rest�bmittal Procedtrres: �
1. 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 Continzsi�tg 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
�
C:ITY OF BREMERTON STANDARD GENGRAL CONDITIONS
OOi00-.i2 �
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disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor
' may otherwise agree in writing.
6.19 Contractor's General War•ranry and Gt�at-antee
' 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, members,
� partners, employees, agents, consultants, and subcontractors shall be entitled to rely on
representation of Contractor's warranty and guarantee.
' � B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by:
1. 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. Norn�al wear and tear under normal usage.
G. Contractor's obligation to perform and complete the Work in accordance with the Contract
' Documents shall be absolute. None of the following will constitute an acceptance of Work that
is not in accordance with the Contract Documents or a release of Contractor's obligation to
perform the Work in accordance with the Contract Documents:
' 1. Observations by Engineer, or Resident Project Representative
' 2. Recommendation by Engineer or pa}nnent 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
1 of acceptability by Engineer;
6. Any inspection, test, or approval by others; or
� 7. Any correction of defective Work by Owner.
� 8. Owner's routitie operation and maintenance after Substantial Completion is attained.
�
�
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C:fl'Y OF BREMF.RTON STANDARD GI:NERAL COi�'DITIONS
00700-33
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6.20 Indemniftcatio�i
A. The Contractor shall indemnify, defend, and hold harn�less the Owner the En ineer t ' '
, g , heir
consultants, subconsultants, and the officers, directors, employees, and agents of each and any
of them, against and from all claims and liability arising under, by reason of, related, or ,
incidental to the Contract Documents or any performance of the Work, but not from the sole
negligence or willful misconduct of the Owner and/or the Engineer. Such indemnification by
the Contractor shall include, but not be limited to, the following: �
1. Liability or claims resulting directly or indirectly from the negligence or carelessness of the ,
Contractor, its employees, or agents in the performance of the Work, or in guarding or
maintaining the same, or from any improper materials, implements, or appliances used in its
construction, or by or on account of any act or omission of the Contractor, its employees, or �
agents;
2. Liability or claims arising directly or indirectly from bodily injury, occupational sickness or '
disease, or death of the Contractor's, Subcontractor's, or Supplier's own employees, or
agents engaged in the Work resulting in actions brought by or on behalf of such employees
against the Owner and/or the Engineer; �
3. Liability or claims arising directly or indirectly from or based on the violation of any Laws
or Regulations, whether by the Contractor, its employees, or agents; �
4. Liability or claims arising directly or indirectly from the use or manufacture by the
Contractor, its employees, or agents in the performance of this Agreement of any �
copyrighted or uncopyrighted composition, secret process, patented or unpatented
invention, article, or appliance, unless othenvise specifically stiputated in this Agreement;
a
5. Liability or claims arising directly or indirectly from the breach of any warranties, whether
express or implied, made to the Owner andlor Engineer or any other parties by the �
Contractor, its employees, or agents;
6. Liability or claims arising directly or indirectly from the willful misconduct of the '
Contractor, its employees, or agents;
7. Liability or claims arising directly or indirectly from any breach of the obligations assumed �
in this Agreement by the Contractor;
8. Liability or claims arising directly or indirectly from, relating to, or resulting from a '
hazardous condition created by the Contractor, Subcontractors, Suppliers, or any of their
employees or agents, and; '
9. Liability or claims arising directly, or indirectly, or consequentially out of any action, legal
or equitable, brought against the Owner, the Engineer, their consultants, subconsultants, and '
the officers, directors, employees and agents of each or any of them, to the extent caused by
the Contractor's use of any premises acquired by permits, rights of way, or easements, the
Site, or any land or areas contiguous thereto or its performance of the Work thereon. �
CffY OF BREMGRTON STANDARD GENERAL CO��DITIONS
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� B. The Contractor shall reimburse the Owner and the Engineer for all costs and expenses,
(including but not limited to fees and charges of engineers, architects, attorneys, and other
professionals and court costs including all costs of appeals) incurred by said Owner and
' Engineer in enforcing the provisions of this Paragraph 6.20.
C. The indemnification obligation under this Parab aph 6.20 shall not be limited in any way by any
� limitation on the amount or type of insurance carried by Contractor or by the amount or type of
damages, compensation, or benefits payable by or for the Contractor or any Subcontractor or
� other person or organization under workers' compensation acts, disability benefit acts, or other
employee benefit acts.
� D. The Contractor and Owner acknowledge and agree that the Contractor's immunity under
industrial insurance, Title S l RCW, is expressly waived by this Contract, and that all of the
provisions of this Paragraph 6.20, including said waiver of immunity were mutually negotiated
� by them in accordance with the requirements of RCW 4.24.115.
6.21 Delegatior: of Professional Desigf: 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 desi�� 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 shali 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 otller 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 perforn�ance 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 of Shop Drawings and other submittals (except desigr►
calculations and design drawings)will be only for the purpose stated in Paragraph 6.17.D.1.
�
, E. Contractor shall not be responsible for the adequacy of the performance or design criteria
� required by the Contract Documents.
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ARTICLE 7—OTHER WORK AT THE SiTE
7.01 Related Wor-k at Site �
A. Owner may perform otller work related to the Project at the Site with Owner's employees, or '
through other direct contracts therefor, or 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 Claitn may be made therefor as provided in Paragraph ]0.05.
B. Contractor shall afford each other contractor who is a party to such a direct contract, each utili �
tY
owner, and Owner, if Owner is performing other work with Owner's employees, proper and
safe access to the Site, provide a reasonable opportunity for the introduction and storage of �
materia(s 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 tlle 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 I
proper for integration with Contractor's Work except for latent defects and deficiencies in such �
other work.
D. Additional requirements for coordination between the Contractor, other contractors and the t
Owner's forces are set forth in Division 1 —General Requirements.
7.02 Coordi��ation �
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: �
l. 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
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3. The extent of such authority and responsibilities will be provided.
� B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority
and responsibility for such coordination.
� C. The Contractor shall coordinate its Work with that of the Owner's forces and others as required
in Division 1 —General Requirements.
r7.03 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.O1.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 action or inactions.
� ARTICLE 8—OWNER'S RESPONSIBILITIES
� 8.01 Comntarriications to Corttractor
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 Replacement of Engineer, Owner shall appoint an engineer whose status under the
Contract Documents shall be that of the former Engineer.
' 8.03 Ft�r�lish Data
� A. Owner shall promptly furnish the data required of Owner under the Contract Documents.
8.04 Pay When Dtre
' A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0
and 14.07.C.
� 8.05 Lafids and Easeme�its; Reports afid 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 subsurface structures at the Site.
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8.06 Instcra�tce
A. Owner's responsibilities, if any, with respect to purchasin and maintainin insurance are set �
g g
forth in Article 5.
8.07 Change Orders �
A. Owner is obligated to execute Change Orders as indicated in Paragraph ]0.03. �
8.08 Iiispections, 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 Lirnitations ori Owne�-'s Responsibilities �
A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, �
Contractor's means, methods, techniques, 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 perfonnance of the Work. Owner w�ill not be responsible for �
Contractor's failure to perform the Work in accordance with the Contract Documents.
8.10 Undisclosed Hazardoc�s Environnierttal Co�idition �
A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set
forth in Paragraph 4.06. �
8.1 1 Compliance with Safery Prograrr�
A. While at the Site, Owner's employees and representatives shall comply with the specific O
applicable requirements of Contractor's safety programs of which Owner has been informed
pursuant to Paragraph 6.13.C. �
ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION
9.01 Owner's Representative ' I
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, wi11 determine, in general, if the Work is
proceeding in accordance with the Contract Documents. Engineer will not be required to make
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exhaustive or 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 Reside�it Project Represe�itative
� A. General: The Resident Project Representative (RPR) will act as directed by and under the
supervision of the Engineer's Project Manager and will confer with the Engineer and Engineer's
1 Project Manager regarding his actions. The Resident Project Representative's dealings in
matters pertaining to the on-site Work shall, in general, be only with the Engineer and the
Contractor, and dealings with Subcontractors shall be exclusively through the Contractor.
' Written communication with the Owner will be only through or as directed by the Engineer.
9.04 At�thorized Variatiofts in Work
' A. The Engineer may authorize variations in the Work from the requirements of the Contract
Documents. These may be accomplished by a Work Change Directive and will require the
' Contractor to perform the Work involved in a manner that minimizes the impact to the Work
and the Contract Times. If the Contractor believes that a Work Change Directive justifies an
increase in the Contract Price or an extension of the Contract Times, the Contractor shall
' promptly notify the Engineer as required in tlle relevant Sections of Division 1 — General
Requirements.
' 9.05 Rejecting Defectii�e 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.
' 9.06 Siibrrtittals, Change Orders and Payrnents
A. ln connection with Engineer's authority, and limitations thereof, as to Submittals, see Paragraph
' 6.17.
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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 l0, 1 l, and 12. t
D. In connection with Engineer's authority as to Applications for Payment, see Article 14.
9.07 Deterir:inatiorrs for Urtit 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 ort Reqzcirenrents of Corttract Doctrnterrts and Acceptabilitv of Work
'
A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge a
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 requirements of the Contract Documents pertaining to S
the performance of the Work, will be referred initially to Engineer in writing within 14 days of
the event giving rise to the question. �
B. Engineer will, within 14 days, render a written dec�s�on on the issue referred. If Owner or
Contractor believes that any such decision entitles them to an adjustment in the Contract Price �
or Contract Times or both, a Claim may be made under Paragraph ]0.05. The date of
Eng�neer's dec�sion shall be the date of the event giving rise to the issues referenced for the
purposes of Paragraph 10.O5.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. '
9.09 Lirnitatior:s ort Engir:eer's Ai�thoritv a�id 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
or not exercise such authority or responsibility or the undertaking, exercise, or performance of ' I
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 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. '
C. Engineer's review of the final Application for Payment and accompanying documentation and
all maintenance and operating instructions, schedules, guarantees, bonds, certificates of �
CITY OF BREMfRTON STANDARD GI:Nf;RAL COhDIT10NS
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inspection, tests and approvals, and other documentation required to be delivered by Paragraph
/ 14.07.A will only be to detern�ine 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 co�npliance with, the Contract Documents.
' D. The limitations u on authori and responsibility set forth in this Paragraph 9.09 shall also
P tY
apply to the Resident Project Representative, if any, and assistants, if any.
IARTICLE 10—CHANGES IN THE WORK; CLAIMS
I10.01 Atrthorizecf Cltanges iri the Work
A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or
1 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 pro�nptly
proceed with the Work involved which will be perfonned 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
' ]0.05.
C. If the Owner and Contractor agree as to the extent, if any, of an increase or decrease in the
Contract Price, or an extension or shortening of the Contract Times that should be allowed as a
, result of a Work Change Directive, the Contractor shall proceed so as to minimize the impact
�-- on and delays to the Work pending the issuance of a Change Order.
rD. In the event a part of the Work is to be entirely eliminated and no lump sum or unit price is
named in the Contract Documents to cover such eliminated work, the price of the eliminated
' work shall be agreed upon by the Owner and the Contractor by Change Order.
1 Q.02 Unatrthori�ed Changes i�r 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.
� ]0.03 Exectition of Change O�•ders
, A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer
covering:
' 1. Changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.O1.A, (ii)
required because of acceptance of defective Work under Paragraplt 13.08.A or Owner's
conection of defective Work under Paragraph 13.09, or(iii) agreed to by the parties;
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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 r
accordance with a Work Change Directive; and
3. Changes in the Contract Price or Contract Times which embody the substance of any '
written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of
executing any such Cllange Order, an appeal may be taken from any such decision in
accordance with tlle 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 Parab aph 6.18.A. �
10.04 Notification to Sztrety
A. If the provisions of any bond require notice to be given to a surety of any change affecting the r
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 Claints a
A. Engiszeer's Decisiorr Reqarired: 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, dispute, or other matter shall be �
delivered by the Contractor or Owner to the other promptly (but no later than 14 days) after the
start of the event giving rise thereto. Notice of the specific amount or extent of the Claim,
dispute, or other matter with supporting data shall be delivered to the Engineer within 21 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, dispute, or other matter). A claim
for an adjustment in Contract Price shall be prepared in accordance with the provisions of ,
paragraph 12.01. A claim for an adjustment in Contract Time shall be prepared in accordance
with the provisions of paragrapll 12.02. Each Claim shall be accompanied by Contractor's or
Owner's written statement that the adjustment claimed is the entire adjirstrne�at to which the �
Contractor believes it is entitled as a result of said event and covers all arnoc�nts(whether direct,
indirect or consequential). The recipient of the claim shall submit its response to the claimant
within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional t
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;
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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.O5.0 or denial pursuant to Paragraphs 10.O5.C.3
' or 10.O5.D will be final and binding upon Owner and Contractor, unless Owner or Contractor
files suit pursuant to Article 16.
1 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.
1 ARTICLE 11 —COST OF THE WORK; ALLOWANCES; UNiT PRICE WORK
11.01 Cost of the Work
� A. Costs Inch�ded.• The term Cost of the Work means the sum of all costs, except those excluded
in Paragraph 11.O1.B, 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
reimbursed 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.O1.B, and shall include only the following items:
1. Payroll costs for employees in the direct employ of Contractor in the performance of the
tWork 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 fnnge benefits, wh�ch 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
1 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
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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 Work 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 mamtenance, of all matenals, 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. 1
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 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 Laws and Regulations.
e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or 1
anyone directly or indirectly employed by any of them or for whose acts any of them
may be liable, and royalty payments and fees for permits and licenses.
f. 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
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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 Exchcded: 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,
I 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 11.01.A.1 or specifically covered by Paragraph 11.01.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 limited to, the correction of defective Work, disposal of materials or equip�nent
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 1 1.0].A.
' C. Co�atractor's Fee: When all the Work is perforn�ed 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 t11e basis
� of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C.
, D. Docitirieratation: Whenever the Cost of the Work for any purpose is to be determined pursuant
to Paragraphs 11.O1.A and 11.O1.B, Contractor will establish and maintain records thereof in
accordance with generally accepted accounting practices and subm�t m a form acceptable to
� Engineer an itemized cost breakdown together with supporting data.
11.02 Allowances
'
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A. Tt 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 or entities as may be acceptable to Owner and Engineer.
B. Cash Alloway:ces: �
1. Contractor agrees that:
a. The cash allowances include the cost to Contractor (less an a licable trade discounts �
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of materials and equipment 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 payrnent on
account of any of the foregoing will be valid.
C. Contirigency AlloK�ance: �
1. Contractor ab ees that a contingency or force account 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 the sum of the unit price for each separately identified item of Unit Price Work ti�nes 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 rice will be deemed to include an amount consi re �
P de d 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 Pnce �n accordance
with Paragraph ]0.05 if: �
l. The total cost of a particular item of Unit Pnce Work amounts to 5% or more of the
Contract Price and the variation in the quantity of that particular item of Unit Price Work �
performed by Contractor differs by more than 25% from the estimated quantity of such item
�ndicated in the Agreement; and
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2. There is no corresponding adjustment with respect to any other item of Work; and
, 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of
having incurred additional expense or Owner believes tliat 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.
' E. In the event a part of the Work is to be entirely eliminated and no lump sum or unit price is
named in tlie Contract Documents to cover such eliminated work, the price of the eliminated
work shall be agreed upon by the Owner and the Contractor by Change Order.
� ARTICLE 12 —CHANGE OF CONTRACT PRICE• CHANGE OF CONTRACT TIMES
�
1 12.01 Change of�Cont�-act Price
A. The Contract Price constitutes the total compensation payable to the Contractor for performing
, the Work. All duties, responsibilities, and obligations assigr►ed to or undertaken by the
Contractor to complete the Work shall be at its expense without change in the Contract Price.
All claims for an increase in the Contract Price shall be based only upon written notice
� delivered as required by Paragraph 10.05 herein. The Contractor's notice of claim shall include
the nature,justification for and amount of the claim, and such supporting data as the Engineer
may require to evaluate the claim. The Contractor and Owner hereby agree that any claim for
, adjustment of the Contract Price shall be evaluated by the Engineer, and that the Engineer's
determination shall be final and conclusive. No claim for and adjustment in the Contract Price
' will be valid if not submitted in accordance with this Paragraph.
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 1 1.03); or
, 2. Where the Work involved is not covered by unit prices contained in the Contract
Documents, by a mutually ab eed 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 Work involved is not covered by unit prices contained in the Contract
Documents and agreement to a lump sum is not reached under Paragraph 12.O1.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.O1.C).
, C. Cor:tractor's Fee: The Contractor's fee for overhead and profit for the cost of extra work as
defined in Paragraph 12.01.D shall be determined as foliows:
� 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 extra Work:
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a. Extra work ordered on the basis of time and materials (force account) will be paid for at
the actual necessary cost as determined by the Engineer, plus a 20% markup for labor, �
materials and equipment.
b. For extra work negotiated at a lump sum price the Contractor's fee shall be 20%. �
c. No fee shall be payable on the basis of costs itemized under Paragraph 1 l.O1.B;
d. Tlte amount of credit to be allowed by Contractor to Owner for an chan e which �
Y �
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
e. 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.O1.C.2.a through 12.01.C.2.d, inclusive.
D. Cost of'Extra Wor•k: The term "cost of extra work" shall mean the sum of all co ts n �
s ecessanly
incurred and paid by the Contractor for labor, materials, equipment and special services in the
proper performance of extra work as approved by tlle Engineer. Except as otherwise may be a
agreed to in writing by the Owner, such costs shall be in amounts no higher than those
prevailing in the locality of the Project, shall include only the following items, and shall not �
include any of the costs itemized in Paragraph 1 1.01.B.
1. Labor: The costs of labor will be the actual cost for wages prevailing for each craft or type '
of workers performing the extra work at the time the extra work is done, plus employer
payments of payroll taxes, workers compensation insurance, liability insurance, health and
welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from �
federal, state or local laws, as well as assessments or benefits required by lawful collective
bargaining agreements. Labor costs for equipment operators and helpers will be paid only
when such costs are not included in the invoice for equipment rental. The labor costs for ,
foreman shall be proportioned to all of their assigned work and only that applicable to extra
work shall be paid. indirect labor costs including superintendence shall be considered part
of the markup set out herein. ,
2. Materials: The cost of materials reported sllall be at invoice or lowest current price at which
materials are locally available and delivered to the Work in the quantities involved, plus the ,
cost of freight, delivery and storage, subject to the following:
a. All trade discounts and rebates shall accrue to the Owner, and the Contractor shall make �
provisions so that they may be obtained; and
b. For materials secured by other than a direct purchase and direct billing to the purchaser, ,
the cost shall be deemed to be the price paid to the actual supplier as determined by the
Engineer. Except for actual costs incurred in handling of such materials, markup will
not be allowed; and �
c. Payment for materials from sources owned wholly or in part by the purchaser shall not
exceed the price paid by the purchaser for similar materials from said sources on extra �
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work ite�ns or the current wholesale price for such materials delivered to the Site,
� whichever price is lower; and
d. If in the opinion of the Engineer the cost of material is excessive, or the Contractor does
' not furnish satisfactory evidence of the cost of such material, then the cost shall be
deemed to be the lowest current wholesale price for the quantity concerned delivered to
the Work, less trade discount. The Owner reserves the right to furnish materials for the
, extra work and no clai�n will be allowed by the Contractor for costs and profit on such
materials.
' 3. Egzripment.• Tlte amount of payment for any Contractor-owned equipment that is utilized
shall be determicied according to the version of the AGC/WSDOT Equipment Rental
Agreement whicll is in effect at the time the force account is authorized. The rates listed in
, the Rental Rate Blue Book (as modified by the current AGC/WSDOT Equipment Rental
Agreement) shall be full compensation for al1 fuel, oil, lubrication, ordii�ary repairs,
' maintenance, and all other costs incidental to furnishing and operating the equipment except
' labor operation. If it is deemed necessary by the Contractor to use equipment not listed in
the specified Reference Publication, an equitable rental rate for the equipment will be
� established by the Engineer. The Contractor may furnish cost data, which might assist the
Engineer in the establishment of the rental rate. Payment for equipment shall be subject to
all of the following:
, a. All equip�nent shall, in the opinion of the Engineer, be in good working condition and
suitable for the purpose for wllich the equipment is to be used;
, b. Before construction equipment is used on the extra work, the Contractor shall plainly
stencil or stamp an identifying number thereon at a conspicuous location, and shall
� furnish to the Engineer, in duplicate, a description of the equipment and its identifying
number;
� c. Unless otherwise specified, manufacturer's ratings and manufacturer-approved
modifications shall be used to classify equipment for the determination of applicable
rental rates. Equipment which has no direct power unit shall be powered by a unit of at
, least the minimum rating recommended by the manufacturer;
d. Individual pieces of equipment or tools having a replacement value of $500 or less,
� whether or not consumed by use, will be considered to be small tools and no payment
will be made therefor;
� 4. Rental Equipment: The rental time to be paid for rental equipment used in the extra Work
will be calculated based on the time the equipment is actually in productive operation on the
extra work being performed and, additionally, shall include the time required to move the
� equipment to the location of the extra work and return it to the original location or to
another location requiring no more time than that required to return it to its original
location; except, that moving time will not be paid if the equipment is used on work other
lthan the extra work, even though it is located at the site of the extra work. Loading and
transporting costs will be allowed in lieu of moving time only when the equipment is
moved by means other than its own power, except that no payment will be made for loading
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and transporting costs when the equipment is used at the site of the extra work on work
other than the extra work. Rental time will not be allowed while equipment is inoperative �
due to breakdowns or is otherwise not available for immediate use. The rental time of
equipment on the site will be computed subject to the following:
a. When ltourl rates are aid, o eration for 30 minutes or less will be considered to ,
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one half-hour of operation, and any part of an hour in excess of 30 minutes will be
considered one hour of operation; �
b. When daily rates are paid, 4 hours or less of operation will be considered to be one half-
day of operation. When owner-operated equipment is used to perform extra work to be '
paid for on time and materials basis, the Contractor will be paid for the equipment and
operator as set forth herein below. '
E. Excluded costs: The term Cost of the Extra Work shall not �nclude any of the items defined in
Paragraph 11.O1.B. �
12.02 Change of Contr-act Tiir�es .
A. All Contract Times (or Milestones) stated in the Contract Documents are of the essence of the �
Agreement. The Contract Times (or Milestones) may only be changed by Change Order. Any
claim for an extension of the Contract Times shall be based only upon written notice delivered
as required in Paragraph 10.05 herein. The Contractor's written notice of such claim shall �
include the extent, justification for and nature of the claim, and such supporting data as the
Engineer may require to evaluate the claim. '
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. With respect to claims for adjustment in the Contract Times, the Contractor and
Owner hereby acknowledge and agree that:
c. Any claim for adjustment of the Contract Times (or Milestones) shall be evaluated by `
the Engineer, whose evaluation shall be final and conclusive, and;
d. An approved increase in Contract Times shall not cause an increase in Contract Price �
unless the reason for increasing the Contract Times is extra work otherwise evaluated by
the Engineer as compensable work. Only compensable work, whether in connection �
with an approved increase in the Contract Times or not, shall result in an increase in the
Contract Pnce.
12.03 Delays t
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 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. �
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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 abil�ty to complete the Work withm the Contract T�mes.
, 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.
' F. Adjustments of Contract Times Relating to Weather: Contract Times may be extended by the
Engineer because of delays in the completion of the Work due to unusually severe weather,
' provided that the Contractor shall, within 2 business days of the beginning of any such delay,
notify the Engineer in writing of the cause of delay and request an extension of Contract Times.
The Engineer will ascertain the facts and the extent of the delay and extend the Contract Times
� when, in its judgment, the findings of the fact justify such an extension. The Contractor shall
include 10 days of inclement weather delays in the progress schedule submitted to the Engineer
for approval, for purposes of planning and scheduling Only.
' G. Adjustments of Contract Price Relating to weather: The Contractor shall have no claims against
the Owner for damages for any injury to work, materials, or equipment, or for project or
' overhead costs of any kind, resulting from the action of the elements. if however, in the opinion
of the Engineer, the Contractor has made all reasonable efforts to protect the materials,
equipment, and work, the Contractor may be granted a reasonable extension of Contract Times
� to make proper repairs, renewals, and replacements of the work, materials, or equipment.
ARTiCLE 13—TESTS AND INSPECTIONS; CORRECTiON,REMOVAL OR ACCEPTANCE
' OF DEFECTiVE WORK
13.0 l Notice of Defects
1 A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be
given to Contractor.
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13.02 Access to Work
A. Owner, Engineer, their consultants and other re resentatives and ersonnel of Owner �
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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. �
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. Owner and Contractor hereby agree that "timely notice", I
with respect to notification of readiness for tests and inspections shall mean not less than 2
business days before the time that the test or inspection is desired. �
B. Owner shall employ and pay for the serv�ces of an mdependent testing laboratory to perform all
inspections, tests, or approvals required by the Contract Documents except: �
1. For inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D 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. 1f 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 O
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 e
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
matenals or equipment to be incorporated in the Work; or acceptance of materials, mix designs,
or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in '
tlle 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
Contractor 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.
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G. The Engitieer will make, or have made, such inspections and tests as the Engineer deems
� necessary to see that the Work is being accomplished in accordance with the requirements of
the Contract Documents. Unless otherwise specified in Paragraph 13.03.B of the General
Conditions, the cost of such inspection a�id testing will be borne by the Owner. In the event
tsuch inspections or tests reveal non-compliance with the requirements of the Contract
Documents, the Contractor shall bear the cost of corrective measures deemed necessary by the
' Engineer, shall bear the cost of all subsequent reinspection and retesting of the non-compliant
Work. Neither observations by the Engineer nor inspections, tests, or approvals by others shall
relieve the Contractor from the Contractor's obligat�on to perform the Work �n accordance with
� the Contract Documents.
13.04 Uncoveri�rg 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.
' 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 otl�er 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 ]0.05.
, 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 agree as to the amount or extent thereof, Contractor may make a Claim
therefor as provided in Paragraph 10.05.
, 13.05 Owsier 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
1 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 ent�ty, or any
� surety for, or employee or agent of any of them.
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13.06 Correction or Rentoval of Defectii�e Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work whether or t
,
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 Correctiori Period
A. if within one year after the date of Final Completion and Acceptance (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:
]. 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 tercns of Owner's written instructions, or in an '
emergency where delay would cause serious risk of loss or damage, Owner may have tlle
defective Work corrected or repaired or may have the rejected Work removed and replaced. All , I
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 �
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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
1 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. In no case shall the acceptance of
defective work waive any rights the Owner may have.
, 13.09 Owrrer 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 accordance
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
1 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
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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. Tf 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 Schedcrle of Vah�es '
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. Applicatio�ts for Paynrertts: �
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 '
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. Payment for Equipment not installed but stored on site with a value greater tllan
$10,000, will be paid at 50% of the invoice value. �
2. Beginning with the second Application for Payment, each Application shall include an
affidavit of Contractor stating that all previous progress payments 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 net payment due the Contractor shall be the above-mentioned subtotal from which shall '
be deducted the amount of retainage specified herein and the total amount of all previous
payments made to the Contractor. �
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a. Pursuant to RCW 60.28.010, the Owner will retain tive percent of all progress payments
.' as a trust fund for the protection and payment of any person or persons, mechanic,
subcontractor, or supplier who performs any labor upon the contract or work hereunder,
and all persons who shall supply such person ,or persons or subcontractors with
� provisions and supplies for carrying on such work, and the State of Washington with
respect to taxes imposed pursuant to Title 82 RCW which may be due from such
' Contractor. In the event that during the performance of the Contract and prior to the
expiration of the claim period as provided in Chapter 60.28 RCW, the amount retained
is reduced to any amount below five percent, then the Owner shall retain additional
1 sums from monies earned by the Contractor so as to maintain at all times a five percent
retained trust fund, unless otherwise reduced or excused by provisions of Chapter 60.28
RCW.
� b. Monies reserved under provisions of Chapter 60.28 RCW shall, at the option of the
Contractor, be:
� (1) Retained in a fund by the Owner with no interest paid thereon to the Contractor
and not subject to withdrawal until after final acceptance of all Work, or a portion
� thereof as maybe approved by the Owner: or
(2) Deposited by the Owner in an interest-bearing account in a bank, mutual savings
� bank, or savings and loan associations, not subject to withdrawal until after final
acceptance of all Work, or a portion thereof, as may be approved by the Owner; or
, (3) Placed in escrow in a bank or trust company by the Owner until thirty days
following final acceptance of the work as completed, or a portion thereof. When
the monies reserved are to be placed in escrow, the Owner will issue a check
� representing the sum of the monies reserved payable to the bank or trust company
and the Contractor jointly. Such check shall be converted into bonds and
securities chosen by the Contractor and approved by the Owner, and the bonds
� and securities held in escrow.
� (4) A bond submitted by the Contractor for all or any portion of the retainage in a
form acceptable to the Owner and from a surety meeting standards set by the
Owner. The Owner will accept the bond unless the Owner determines that there
1 is good cause for rejecting it. The Owner will release the bonded retainage
amount within 30 days of accepting the bond. The bond and any proceeds from it
are subject to claims in the same manner and priority as retainage set forth in
� � RCW 60.28.01 1. If the Owner accepts a retainage bond from the Contractor, the
Contractor shall accept retainage bonds from any subcontractor or supplier from
whom the Contractor retains funds. The Contractor shall release retained funds
� within 30 days of accepting the bond from a subcontractor or supplier.
(5) Under option 2 and 3 above, interest will be paid to the Contractor as the interest
� accrues.
�
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(6) The Contractor shall designate the option desired in writing to the Owner not later
than with the Contractor's first Application for Payment. The Contractor, in '
clloosing option 2 or 3, agrees to assume full responsibility to pay all costs which
may accrue from escrow services, brokerage charges, or both, and further agrees
to assume all risks in connection with the investment of the retained monies. `
B. Review of Applications: �
l. The Engineer will, within 8 working days after receipt of each Application for Payment,
either indicate in writing a recommendation of payment and present the application to the i
Owner, or return the application to the Contractor indicating in writing the Engineer's
reasons for refusing to recommend payment. In the latter case, the Contractor may make the '
necessary corrections and resubmit the application. If the Engineer still disagrees with a
portion of the application, it will submit the application recommending the undisputed
portion of the application to the Owner for payrnent and provide reasons for recommending �
non-payment of the disputed amount. Thirty days after presentation of the Application for
Payment with the Engineer's recommendation, the amount recommended will (subject to
the provisions of Paragraph 14.02B.2) become due and when due will be paid by the Owner �
to the Contractor.
2. Engineer's recommendation of any payment requested in an Appiication for Payment will �
constitute a representation by Engineer to Owner, based on Engineer's observations of the
executed Work as an experienced and qualified design professional, and on Engineer's
review of the Application for Payment and the accompanying data and schedules, that to the 1
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, tlle results of any subsequent tests called for in the Contract
Documents, a fina( 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 i
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 �
involved detailed inspections of the Work beyond the responsibilities specifically
assigned to Engineer in the Contract Documents; or
�
�
CITY OF BREMERTON STANDARD GF.NERAL COnDITIONS
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b. There may not be other matters or issues between the parties that might entitle
IContractor 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 responsibiliry on Engineer:
� a. To supervise, direct, or control the Work, or
1 b. For the means, methods, tecllniques, 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, inaterials, 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,
1 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
� replacement;
b. The Contract Price has been reduced by Change Orders;
1 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. Paynient Becomes Dire: �
1. Thirty 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.D) become due, and when due will be paid by Owner to Contractor.
' D. Redttction in Payment.•
1. Owner may refuse to make payment of the full amount recommended by Engineer because:
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a. Claims have been made against Owner on account of Contractor's performance or
furnisliing of the Work; 1
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.S.a through 14.02.B.S.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 agreed to by Owner and Contractor, when Contractor remedies the �
reasons for such action.
3. Upon a subsequent detern�ination 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. m
14.04 Szrbstantial Co�rtpletio�r
A. When the Contractor considers the Work ready for its intended use, the Contractor shall notify �
the Owner and the Engineer in writing that the Work is substantially complete. The Contractor
shall attach to this request a list of all work items that the Contractor knows are not complete
and a request that the Engineer prepare a Notice of Substantial Completion and a Correction '
List of items to be completed before final payment. At a mutually-agreed time thereafter, the
Owner, the Contractor, and the Engineer shall inspect the Work to determine the status of �
completion. If the Engineer does not consider the Work substantially complete, or does not
consider the list of remaining work items to be comprehensive, the Engineer will notify the
Contractor in writing giving the reasons therefor. If the Engineer considers the Work �
substantially complete, the Engineer will prepare and deliver to the Owner for its execution and
recordation the Notice of Substantial Completion signed by the Engineer and Contractor, which
shall fix the date of Substantial Completion. The Contractor shall complete all incomplete �
work and shall complete all items on the Correction List not later than 30 calendar days after the
date of Substantial Completion
B. 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 or correct items on the tentative list. �
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14.05 Partial Utilization
� A. The Owner shall have the right to utilize or place into service any item of equipment or other
usable portion of the Work prior to completion of the Work. Whenever the Owner plans to
1 exercise said right, the Contractor will be notified in writing by the Owner, identifying the
specific portion or portions of the Work to be so utilized or otherwise placed into service.
tB. The Contractor understands and agrees that until and unless such written notification is issued,
all responsibility for care and maintenance of all of the Work shall be borne by the Contractor,
1 and that Paragraph 14.04 shall apply with respect to certification of Substantial Completion of
the Work. Upon issuance of said written notice of Partial Utilization, the Owner will accept
responsibility for the protection and ma�ntenance of all such �tems or portions of the Work
' described in the written notice.
C. The Contractor shall retain full responsibility for satisfactory completion of the Work,
� regardless of whether a portion thereof has been partially utilized by the owner, and the
Contractor's one year correction period shall commence only after the date of Substantial
Completion for the Work.
� D. The Owner shall have the right to control, operate, repair, or modify the Work, or take any other
suitable action with regard to the Work, during emergencies of any nature whatsoever.
� E. No 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 Final hrspection
� 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.
� B. When all incomplete Work has been completed, all Defective Work has been corrected or
accepted by the Engineer and Owner, and all of the Contractor's duties and requirements have
been satisfactory discharged, the Engineer will prepare and deliver to the Owner for its
texecution and recordation the Notice of Final Completion and Acceptance of the Work, signed
by the Engineer and Contractor,which shall fix the date of Final Completion and Acceptance.
' 14.07 Final Payment
A. Application for Payment.•
� 1. After the Contractor has, in the opinion of the Engineer, satisfactorily completed all Work
and corrected all Defective Work, and has delivered, in accordance with the Contract
1 Documents, all maintenance and operating instructions, schedules, guarantees, Bonds,
certificates and Record Documents (as provided in Paragraph 6.12), And the Engineer has
delivered the Notice of Final Completion and Acceptance of the Work, the Contractor may
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CITY OF BREMERTON STANDARD GENERAL CONDITIONS
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make application for final payment following the procedure established 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, includin but not limited to t
g
the evidence of insurance required by Paragraph 5.04.
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 Work. ,
3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved
by Owner, Contractor 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 a�id 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 �
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, ind�cate 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.
2. After execution of the Notice of Final Completion and Acceptance of the Work by the ,
Owner, and execution of the "Acceptance of Compensation and Release of All Claims" by
the Contractor (as provided in Paragraph 14.09.B of the General Conditions), the Owner � I
will make final payment to the Contractor of the amount remaining after deducting all prior
payments and all amounts to be kept or retained under the provisions of the Contract -
Documents, including the following items: '
a. Liquidated damages, as applicable; and,
�
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� b. Amounts withheld by Owner under Paragraph 14.02.B.1 which have not been released;
and, Two times the value of outstanding items of correction work or Correction List
� items yet uncompleted or uncorrected, as applicable. All such work shall be completed
or corrected to the satisfaction of the Owner within the time stated herein and on the
Notice of Substantial Completion, otherwise the Contractor does hereby waive any and
' all claims to all monies withheld by the Owner to cover the value of all such
uncompleted or uncorrected items.
C. Payment Becontes Dt�e:
�
1. Thirty days after the presentation to Owner of the Application for Payment and
� accompanying documentation, the amount recom�nended 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.
, D. Release of Retainage and Other Deductions
� 1. After executing the Notice of Final Completion and Acceptance (Paragraph 14.06), and not
more than 60 days thereafter(based on a 45-day clai�ns period and 15-day processing time),
the Owner will release to the Contractor the retained funds withheld pursuant to the
� Agreement, less any deductions to cover pending claims against the Owner pursuant to
, Paragraph 14.02.B, provided tlle following conditions are met:
' a. Certificates approved by the Washington State Department of Labor and Industries,
Washington State Employment Security Department, and all other departments and
agencies having jurisdiction over the activities of the Contractor have been provided to
� the Owner.
b. If the Contract Price hereunder exceeds $20,000, a release obtained from the Washington
' State Department of Revenue has been provided to the Owner.
� c. Affidavits of Wages Paid for the Contractor and eac11 subcontractor approved by ,
Washington State Department of Labor and Industries have been provided to the
Owner.
` d. No claims, as provided by law, have been filed against the retainage.
� e. The Owner has no claims under this Contract.
f. Affidavit of total monies paid (if any) to each Minority Women Business Enterprise
� subcontractor utilized on the project.
g. Acceptance of Compensation and Release of All Claims form submitted to the Engineer.
�
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2. In the event that claims filed are not resolved at the end of the 45 day claim period, the
Contractor shall be paid such retainage less amount sufficient to pay all claims or notices, �
together with a sum determined by the Owner to be sufficient to pay the cost of such action
and to cover attorney's fees, and any sums determined by the Owner sufficient to pay its �
claims against the Contractor.
3. Upon expiration of the 60 day period referred to in Paragraph 14.07.D.1, the amounts �
withheld pursuant to the provisions of Paragraph 14.02.B and D, for all remaining work
items will be paid to the Contractor; provided that said work has been completed or
corrected to the satisfaction of the Owner within the 30 day period. Otherwise, the �
Contractor does hereby waive any and all claims for all monies withheld by the Owner
under this Agreement in an amount two times the value of such remaining uncompleted or
uncorrected items. �
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 a
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 Claints
A. The making and acceptance of final pa}nnent 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 I
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.
B. Acceptance of Compensation and Release of All Claims. ,
Before final payment will be made by the Owner, the Contractor will be required to sign the �
"Acceptance of Compensation and Release of All Claims" fornt stating the Contractor's
acceptance of the final payment as the full and final amount due from the Owner. An example
form is located in Appendix A. e
CITY OF BRF.MERTON STANDARD GENERA[.COnDIT10nS
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ARTICLE ]5—SUSPENSION OF WORK AND TERMINATiON
� 15.01 Owner May Sacspend 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 Ma Terminate or Cairse
Y .f
� A. The occurrence of any one or more of the following events will justify termination for cause:
l. 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 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 15.02A occur, Owner may, after giving
Contractor (and the surety, if any) seven days written notice, terminate the services of the
� Contractor, exclude the Contractor from the Site, and take possession of the Work and of all of
the Contractor's tools, appliances, construction equipment, and machinery at the Site, and use
the same to the full extent they could be used by Contractor (without liability to Contractor for
' trespass or conversion), incorporate in the Work all materials and equipment stored at the Site
or for which tl�e Owner has paid Contractor but which are stored elsewhere, and finish the
Work as the Owner may deem expedient.
' C. if Owner roceeds as rovided in Para a h 15.02.B, Contractor shall not be entitled to receive
p p �►' P
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 sucli
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
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
� Work performed.
D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be tern�inated if
� Contractor begins within seven days of receipt of notice of intent to terminate to conect its
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failure to perform and proceeds diligently to cure such failure within no more than 30 days of
receipt of said notice. 1
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 money due Contractor by Owner will not release
Contractor from liability.
F. If and to the extent that Contractor has rovided a erformance bond un �
p p der the provis�ons of
Paragraph S.O1.A, the termination procedures of that bond shali supersede the provisions of
Paragraphs 15.02.B and 15.02.C. f
15.03 Owrier May Tern:inate For Cofrvenience
�
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 tern�ination, 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 1
on such expenses; .
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 Mav Stop Work or Terntinate 1
A. if, through no act or fault of Contractor, (i) the Work �s 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 60
days to pay Contractor any sum finally determined to be due, then Contractor may, upon
Fourteen 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 I
Owner has failed for 60 days to pay Contractor any sum finally determined to be due, ,
Contractor may, Fourteen 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. �
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ARTICLE 16—DiSPUTE RESOLUTION
� 16.01 Met{zods and Procedzrres
� A. Time Limitation and Jurisdiction. The Owner and Contractor hereby mutually agree that, for the
convenience of both parties, any claims or causes of action which the Contractor has against the
Owner shall be brought within 180 calendar days after the date of final payment by the Owner.
� It is further agreed by Owner and Contractor t11at all such claims or causes of action, if
resolution is sought through litigation, shall be brought only in the Superior Court of Kitsap
County, Washington.
' B. Conditions Precedent. Before seeking claim resolution through litigation, the Contractor shall
proceed under the ad�ninistrative procedures required by Paragrapl�s 9.08 and 10.05. The
1 provisions of these Paragraphs must be complied with in full as conditions precedent to the
Contractor's right to seek claim resolution through litigation.
� 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:
� 1. Delivered in person to the individual or to a member of the firn� or to an officer of the
corporation for whom it is intended; or
� Delivered at or sent by registered or certified mail, postage prepaid, to the last business
2.
address known to the giver of the notice.
� 17.02 Computation of Tirnes
� 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 Ciimcrlative Refnedies .
� 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.
�
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17.04 Scrn�ival of Obligatiorts
A. All representations, indemnifications, warranties, and arantees made in re uired b or Qiven f
� , 9 Y, b
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 Corttrollittg Law �
A. This Contract is to be governed by the laws of the State of Washington.
17.06 Headings �
A. Article and paragraph headings are inserted for convenience only and do not constitute parts of '
these General Conditions.
17.07 Adrnististrative Proceditres artd Forrns �
A. Various administrative forms are required to be used by the Contractor or will be otherwise
presented to the Contractor during the performance of the Work including: a
1. Request for Clarification (RFC)
2. Shop Drawing Submittal/Transmittal �
3. Work Change Directive �
4. Change Order
5. Daily Force Account Report �
6. Application and Certificate for Payment (Progress Payment Form) �
These forms will be distributed to the Contractor at the Preconstruction Conference referenced
in Paragraph 2.06 or will be otherwise presented to the Contractor for signature as provided
herein. t
l 7.08 Rrght to A:rdit �
A. If the Contractor submits a claim to the Owner for additional compensation, the Owner sllall
have the right, as a condition to considering the claim, and as a basis for evaluation of the claim, �
and until the claim has been settled, to audit the Contractor's books to the extent they are
relevant. This right shall include the right to examine books, records, documents, and other
evidence and accounting procedures and practices, sufficient to discover and verify all direct �
and indirect costs of whatever nature claimed to have been incurred or anticipated to be
incurred and for which the claim has been submitted. The right to audit shall include the right
to inspect the Contractor's plant, or such parts thereof, as may be or have been engaged in the �
performance of the Work. The Contractor further agrees that the right to audit encompasses all
subcontracts and is binding upon Subcontractors. The rights to examine and inspect herein
�
C:ITY OF BREMI=RTON STANDARD GI?NERAL COnDITIOhS
00700-68 �
�
provided for shall be exercisable through such representatives as the Owner deems desirable
rduring the Contractor's normal business hours at the office of the Contractor. The Contractor
shall make available to the Owner for auditing, all relevant accounting records and documents,
' and other financial data, and upon request, shall submit true copies of requested records to the
Owner.
� 17.09 Severability
A. If any term or provision of this Agreement is declared invalid or unenforceable by any court of
lawful jurisdiction, the remaining tenns and provisions of the Agreement shall not be affected
, thereby and shall remain in full force and effect.
, l 7.]0 Waiver
A. The waiver by the Owner of any breach or violation of any term, covenant or condition of this
, Agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of
the same or of any other tenn, covenant, condition, ordinance, or law. The subsequent payment
' of any monies or fee by the Owner which may become due hereunder shall not be deemed to be
a waiver of any preceding breach or violation by Contractor or any term, covenant, condition of
this Agreement or of any applicable law or ordinance.
� ARTICLE 18—WASHINGTON STATE REQUIREMENTS
� 18.01 Ti-ench Excavation Safery Systerns
A. As required by RCW 39.04.180, on public works projects in which trench excavation will
, exceed a depth of four feet, any contract therefor shall require adequate safety systems for the
trench excavation that meet the requirements of the Washington Division of Industrial Safety
and Health Act, Chapter 49.17 RCW. This requirement shall be included in the cost
, estimates and bidding forms as a separate item. The costs of trench safety systems shall not
be considered as incidental to any other contract item and any attempt to include the trench
safety systems as an incidental cost is prohibited.
' 18.02 Payment of Prevailirtg Wages
, B. In accordance with Revised Code of Washington Chapters 39.12 and 49.28 as amended or
supplemented, and any regulations adopted pursuant to these statutes, there shall be paid to
all laborers, workmen or mechanics employed on this contract at least the prevailing rate of
� wage for an hour's work in the same trade or occupation in the area of work regardless of any
contractual relationship which may exist, or be alleged to exist, between the Contractor and
any laborers, workmen, mechanics or subcontractors.
, C. The revailin wa e rates to be in force during the duration of this contract are included in
P � �
Attachment A located at the end of the Supplementary Conditions. However, the Contractor
� shall be obligated to confirm that the rates are current and conform to the controlling statutes
and regulations. Any wage deficiencies shall be at the Contractor's sole risk and expense.
�
CITY OF BRGMERTON STANDARD GENf:RAL C:ONDITIONS
00700-69
,
�
The wage rates shall be included as part of any subcontractors the Contractor may enter into
for work on this project. r
D. The "prevailing rate of wage" shall be the rate of hourly wage, usual benefits, and overtime
paid in the locality, as hereinafter defined, to the majority of workmen, laborers, or ,
- mechanics, in the same trade or occupation. In the event that there is not a majority in the
same trade or occupation paid at the same rate, then the average rate of hourly wage and �
overtime paid to such laborers, workmen or mechanics in the same trade or occupation shall
be the prevailing rate. If the wage paid by any Contractor to laborers, workmen or mechanics
on any public work is based on some period of time otller than an hour, the hourly wage for '
the purposes of this shall be mathematically deternlined by the number of hours worked in
such period of time.
E. The "locality" shall be the largest city in the county wherein the physical work is being �
performed.
F. The "usual benefits" shall include the amount of: '
1. The rate of contribution irrevocably made by the Contractor to a trustee, or to a trustee or to a
a third person pursuant to a fund, plan, or program; and
2. The rate of costs to the Contractor which may be reasonably anticipated in providing �
benefits to workmen, laborers, and mechanics pursuant to an enforceable commitment to
carry out a financially responsible plan or program which was communicated in writing to �
the workmen, laborers, and mechanics affected, for medical or hospital care, pensions on
retirement or deatll, compensation for injuries or illness resulting ftom occupational activity,
or insurance to provide any of the foregoing, for unemployment benefits, life insurance, a
disability and sickness insurance, or accident insurance, for vacation and holiday pay, for
defraying costs of apprenticeship or other similar programs, or for other bona fide fringe
benefits, but only where the Contractor is not required by other Federal, state or local law to ,
provide any of such benefits.
G. The rules and regulations of the Department of Labor and Industries and the schedule of '
prevailing wage rates for the locality or localities where this contract will be performed as
determined by the industrial Statistician of the Department of Labor and Industries, are by
reference made a part of this contract as though fully set forth herein. Inasmuch as the '
Contractor will be held responsible for paying the prevailing wages, it is imperative that all
Contractors familiarize themselves with the current wage rates before submitting their bids
based on these specifications on projects governed by wage rates determined by the State of ,
Washington Department of Labor and Industries and the U.S. Secretary of Labor. If there is a
difference between the two in the prevailing rate of wage for a similar classification of labor,
the Contractor shall pay not less than the wage which is the higher of the two. t
H. The Contractor, on or before the date of commencement of work, shall file a statement under
oath with the Owner and with the director of Labor and Industries certifying the rate of hourly !
wage paid and to be paid each classification of laborers, workmen, or mechanics employed
upon the work by the Contractor or Subcontractor which shall be not less than the prevailing �
CITY OF BREMERTON STANDARD GC•.NERAI.CONDIT101�S
00700-?0 �
�
rate of wage. Such statement and any supplemental statements which may be necessary shall
, be filed in accordance with the practices and procedures required by the Department of Labor
and industries.
' I. In case any dispute arises as to what are the prevailing rates of wages for work of a similar
nature and such dispute cannot be adjusted by the parties in interest, including labor and
management representatives, the matter shall be referred for arbitration to the Director of the
� Department of Labor and Industries of the State of Washington and his decision therein shall
be final and conclusive and binding on all parties involved in the dispute.
� J. Prior to commencing work, each contractor and each and every subcontractor shall file a
sworn statement of intent with the Owner and with the Department of Labor and Industries as
, to the prevailing wage rate, including fringe benefits, for each job classification to be utilized.
K. Each application for payment submitted by a Contractor for pay�nent on a project estimate
I shall state that prevailing �vages have been paid in accordance with the pre-filed statement or
statements of intent on file with the Department of Labor and Industries as approved by the
Industrial Statistician.
' L. At the conclusion of the project, the Contractor and its subcontractors siiall submit affidavits
of wages paid and request for release to the Department of Labor and Industries for
� certification by the Director. Release of retainage on the contract shall be withheld until
certification by the Director has been received by the Owner that the prevailing wage
� requirements of the law have been satisfied.
18.03 Water Poll:rtion Control Regi�irenrerlts
� A. The Contractor shall conduct the Work in accordance with all applicable pollution control
laws. The Contractor shall comply with and be liable for all penalties, damages, and
violations under Chapter 90.48 RCW, in performance of the Work.
, � ' ic N tziral Resoitrces
18.04 Prevetttiort of Envirofunenta!Pollution &Presen atcofi of Pitbl a
' A. The following list represents those federal, state and local statutes, ordinances and regulations
pertinent to the preservation of public natural resources currently known to the Owner that
, �nay affect or are affected by the work. Bidders shall review such materials and related
regulations prior to submitting bids.
' l. Federal. National Environmental Policy Act of 1969, 42 USGC 4321 et. seq; Executive
Order 11514; Clean Water Act, 33 USGC 1251 et seq.
' 2. STATE. Water Pollution Control Act, Chapter 90.48 RCW; State Environmental Policy
Act of 1971, Chapter 43.21 C RCW and WAC Chapter 197-11; Noise Control Act of 1974,
Chapter 70.107 RCW; Washington Clean Air Act, Chapter 70.94 RCW and WAC Chapter
� 173-400; Shoreline Management Act of 1971; Chapter 90.58 RCW.
END OF SECTION
1
C'ITY OF BREMERTON STANDARD G�NERAL CONDITIONS
00700-7]
'
'
� SECTION 00800
, SUPPLEMENTARY CONDITIONS
GENERAL
, These Supplementary Conditions (SC's) amend or supplement the Standard General Conditions
(General Conditions) of the Construction Contract and other provisions of the Contract Documents
, as indicated below. All provisions which are not so amended or supplemented remain in full force
and effect.
, ARTICLE 2 -PRELIMINARY MATTERS
� SC- 2.05.A.3 Delete Paragraph 2.05.A.3 of the General Conditions and replace with the following
text.
, 3. The Contractor shall submit a detailed Schedule of Values (SOV) at the pre-
construction meeting for review by the Owner.At a minimum,the SOV shall include
the following items: mobilization (not to exceed 10% of the base bid cost),
subcontractor costs,preliminary cleaning,abrasive blasting,prime coat,stripe coat,
� intermediate coat,top coat, site restoration and force account. Payment requests
will not be approved until the Schedule of Values has been reviewed and accepted
by the Owner.
�
SC- 2.06.B. Add the following paragraph:
� B. The Pre-construction conference/meeting shall at a minimum cover the following
topics:
, • Name,authority, responsibilities,and contact information for parties involved
, • Review of pre-construction submittals.
• Project Procedures: �
, - Progress Meetings
, - Correspondence
- Notification
' - Submittals
- Requests for Clarifications
� - Change Orders and Work Change Directives
�
RESERVOIR 16-EXTERIOR COATING REPLACEMENT SUPPLEMENTARY CONDITIONS
MARCH 2O16 00800-1
'
,
'
• Confirmation of hours and days of work
• Overall Schedule '
• Site Security
• Site Concerns
�
• Temporary Utilities and Controls �
• Hold/Inspection Points
• Quality Control �
• Testing During Construction �
. • Contractor's Coordination
• Data Collection O
• Punch Lists and Project Closeout Procedures �
• Final Deliverables including Record Drawings, Approved Submittals, Quality
Control Reports,and Special Guarantees. �
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; a
REFERENCE POINTS
SC—4.02.0 Add the following paragraph after 4.02B of the General Conditions. '
C. CONTRACTOR may rely upon the general accuracy of the technical data contained in '
reports and drawings listed below, except for such physical dimensions that can be field
verified. The reports are available from the Engineer upon request. Reports and
drawings shall not be understood to be, and are NOT Contract Documents. The �
Contractor shall indemnify, defend, and hold harmless the Owner, the Engineer, their
consultants, subconsultants, and the officers, directors, employees, and agents of each
and any of them, against and from all claims and liability arising under, by reason of, '
related, or incidental to the Contract Documents or any performance of the Work, but not
from the sole negligence or willful misconduct of the Owner and/or the Engineer. Such '
indemnification by the Contractor shall include, but not be limited to, the following '
documents: '
•A reservoir condition assessment report is included in Appendix B.
�
�
RESERVOIR 16-EXTERIOR COATING REPLACEMENT SUPPLEMENTARY CONDITIONS
MARCH 2O16 00800-2
'
�
, SC-4.06.A. Add the following at the end of Paragraph 4.06.A of the General Conditions:
' In preparation of the Contract Documents, the ENGINEER has used the following reports
and/or drawings, explorations or tests of any hazardous environmental condition at the
Site:
, A reservoir condition assessment report is included in Appendix B.
, ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
SC-6.02 B. Add the following at the end of paragraph 6.02.B
� Regular working hours shall be 8 hours per day, plus lunch break, 5 days per week, Monday
thru Friday. Alternatively, the Contractor may work 10-hour days, 4 days per week. The
, Contractor shall work no more than 40 work hours per week. Work on weekends and
holidays is not permitted. The hours of work shall be between 7 a.m. and 5:30 p.m. Work
hours greater than 8 hours per day (or 10 hours per day for 4-day week schedule) or more
� than 40 hours per week shall be considered overtime.
The Contractor shall not work outside these parameters, nor work overtime, unless
� requested in writing (via e-mail) and approved in writing by the Owner. Any such requests
shall be made at least 48 hours before the actual work. The Owner shall generally not refuse
reasonable schedule modifications. ,
, The Contractor shall notify the Owner at the pre-construction meeting of their intention to
work a 4-day or 5-day week. By default,the Owner will assume the Contractor is working 8-
, hour days, 5-days per week.
If the Owner agrees to allow the Contractor to work overtime for the Contractor's
convenience, this does not imply that the Owner agrees to pay for any wages or costs
, associated with the overtime work. Costs associated with overtime work shall always be
borne by the Contractor, unless the Owner specifically directs in writing that overtime work
must be used to accomplish a task.
� The Contractor is not be permitted to work on Memorial Day(May 30) or Independence Day
(July 4). These are official City holidays.
-'
SC-6.05 Delete this paragraph in entirety.
� ,
SC-6.20.E.Add the following at the end of Paragraph 6.20 of the General Conditions:
' E. The provisions of this section shall survive the expiration or termination of this contract.
' SC-6.22 Add the following new paragraph 6.22:
,
RESERVOIR 16-EXTERIOR COATING REPLACEMENT SUPPLEMENTARY CONDITIONS
' MARCH 2O16 00800-3
�
6.22 Weekly Progress Meetings t
A. The Contractor must attend mandatory weekly progress meetings to be conducted by the ,
City. Meetings shall be at City offices,or at another location to be designated by the City.
Attendance is required by the superintendent or other representative acceptable to and
approved by the Owner. The Contractor shall submit and discuss the 3-week look ahead
schedule at the meeting. The agenda shall include discussion and review of the �
following items at a minimum:
• Critical items/action list. '
• Work progress. Compare actual progress with planned progress shown on
Contractors rolling three-week Schedule. Discuss corrective action reyuired. '
Compare actual and projected progress with Contractor's Construction Schedule;
propose methods to correct deficiencies.
• Submittals; review delivery dates and date of need for critical items. '
• Coordination problems.
• Schedule needed testing and critical inspections. �
• Critical requirements for each trade or major piece of equipment prior to beginning
work or installation. �
• Contractor Quality Control.
• Open items on Engineers "Items of Concern List." 1
e Impact of proposed changes on Progress Schedule.
• Other business. �
ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION �
SC- 14.07 A.4 Add the following at the end of paragraph 14.07 A.
The Contractor shall, prior to requesting final payment, obtain and submit the following r
items to the Owner:
e Written guarantees and warranties,where required ,
• Technical manuals,data sheets,samples
• City-owned keys or locks used for the project '
• Project reports,data,and record drawings where required
• Releases from all parties who are entitled to claims �
• Executed form: Acceptance of Compensation and Release of All Claims
�
END OF SECTION
�
RESERVOIR 16-EXTERIOR COATING REPLACEMENT SUPPLEMENTARY CONDITIONS
MARCH 2O16 00800-4
�
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�
State of Washington
rDepartment of Labor & Industries
Prevailing Wage Section - Telephone 360-902-5335
/ PO Box 44540, Olympia, WA 98504-4540
■
Washington State Prevailing Wage
' The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of
fringe benefits. On public works projects, worker's wage and benefit rates must add to not
� less than this total. A brief description of overtime calculation requirements are provided on
the Benefit Code Key.
' Journey Level Prevailing Wage Rates for the Effective Date: 3/10/2016
rCount Trade Job Classification Wa e Holiday Overtime Note
Kitsap Carpenters Acoustical Worker $54.02 5D 4C
' Kitsap Carpenters Bridge, Dock And Wharf $54.02 5D 4C
Carpenters
Kitsap Carpenters Carpenter $54.02 5D 4C
' Kitsap Careenters Carpenters on Stationary Tools $54.15 5D 4C
Kitsap Carpenters Creosoted Material $54.12 5D 4C
� Kitsap Carpenters Floor Finisher $54.02 5D 4C
Kitsap Carpenters Floor Layer $54.02 5D 4C
Kitsap Carpenters Scaffold Erector $54.02 5D 4C
' Kitsap Flag� Journey Level $37.26 7A 31
Kitsap Laborers Air, Gas Or Electric Vibrating $43.95 7A 31
, Screed
Kitsap Laborers Airtrac Drill Operator $45.32 7A 31
Kitsap Laborers Ballast Regular Machine $43.95 7A 31
' Kitsap Laborers Batch Wei�hman $37.26 7A 31
Kitsap Laborers Brick Pavers $43.95 7A 31
' Kitsap Laborers Brush Cutter $43.95 7A 31
Kitsap Laborers Brush Hog Feeder $43.95 7A 31
� Kitsap Laborers Burner $43.95 7A 31
Kitsap Laborers Caisson Worker $45.32 7A 31
Kitsap Laborers Carpenter Tender $43.95 7A 31
� Kitsap Laborers Caulker $43.95 7A 31
Kitsap Laborers Cement Dumper-paving $44.76 7A 31
' Kitsap Laborers Cement Finisher Tender $43.95 7A 31
Kitsap Laborers Change House Or Dry Shack $43.95 7A 31
Kitsap Laborers Chipping Gun (under 30 Lbs.) $43.95 7A 31
iKitsap Laborers Chipping Gun(30 Lbs. And Over) $44.76 7A 31
Kitsap Laborers Choker Setter $43.95 7A 31
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Kitsap Laborers Chuck Tender $43.95 7A 31 ,
Kitsap Laborers Clary Power Spreader $44.76 7A 31
Kitsap Laborers Clean-up Laborer $43.95 7A 31 �
Kitsap Laborers Concrete Dumper/chute $44.76 7A 31
Operator
Kitsap Laborers Concrete Form Stripper $43.95 7A 31 '
Kitsap Laborers Concrete Placement Crew $44.76 7A 31
Kitsap Laborers Concrete Saw Operator/core $44.76 7A 31
Dri ller ,
Kitsap Laborers Crusher Feeder $37.26 7A 31
Kitsap Laborers Curing Laborer $43.95 7A 31 ,
Kitsap Laborers Demolition: Wrecking �t Moving $43.95 7A 31
(incl. Charred Material)
Kitsap Laborers Ditch Digger $43.95 7A 31 r
Kitsap Laborers Diver $45.32 7A 31
Kitsap Laborers DrillOperator $44.76 7A 31 �
(hydraulic,diamond)
Kitsap Laborers Dry Stack Walls $43.95 7A 31
Kitsap Laborers Dump Person $43.95 7A 31 '
Kitsap Laborers Epoxy Technician $43.95 7A 31
Kitsap Laborers Erosion Control Worker $43.95 7A 31 ,
Kitsap Laborers Faller �t Bucker Chain Saw $44.76 7A 31
Kitsap Laborers Fine Graders $43.95 7A 31
Kitsap Laborers Firewatch $37.26 7A 31 '
Kitsap Laborers Form Setter $43.95 7A 31
Kitsap Laborers Gabian Basket Builders $43.95 7A 31 '
Kitsap Laborers General Laborer $43.95 7A 31
Kitsap Laborers Grade Checker ft Transit Person $45.32 7A 31 ,
Kitsap Laborers Grinders $43.95 7A 31
Kitsap Laborers Grout Machine Tender $43.95 7A 31
Kitsap Laborers Groutmen (pressure)including $44.76 7A 31 '
Post Tension Beams
Kitsap Laborers Guardrail Erector $43.95 7A 31 ,
Kitsap Laborers Hazardous Waste Worker (level $45.32 7A 31
A)
Kitsap Laborers Hazardous Waste Worker (level $44.76 7A 31 '
B)
Kitsap Laborers Hazardous Waste Worker (level $43.95 7A 31 ,
C)
Kitsap Laborers High Scaler $45.32 7A 31
Kitsap Laborers Jackhammer $44.76 7A 31 ,
Kitsap Laborers Laserbeam Operator $44.76 7A 31
Kitsap Laborers Maintenance Person $43.95 7A 31 �
Kitsap Laborers Manhole Builder-mudman $44.76 7A 31
Kitsap Laborers Material Yard Person $43.95 7A 31
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3/2/2016 about:blank
� Kitsap Laborers Motorman-dinky Locomotive $44.76 7A 31
Kitsap Laborers Noaleman (concrete Pump, $44.76 7A 31
, Green Cutter When Using
Combination Of Hi�h Pressure
Air Et Water On Concrete �t
� Rock, Sandblast, Gunite,
Shotcrete, Water Bla
Kitsap Laborers Pavement Breaker $44.76 7A 31
1 Kitsap Laborers Pilot Car $37.26 7A 31
Kitsap Laborers Pipe Layer Lead $45.32 7A 31
Kitsap Laborers Pipe Layer/tailor $44.76 7A 31
, Kitsap Laborers Pipe Pot Tender $44.76 7A 31
Kitsap Laborers Pipe Reliner $44.76 7A 31
' Kitsap Laborers Pipe Wrapper $44.76 7A 31
Kitsap Laborers Pot Tender $43.95 7A 31
� Kitsap Laborers Powderman $45.32 7A 31
Kitsap Laborers Powderman's Helper $43.95 7A 31
Kitsap Laborers Power Jacks $44.76 7A 31
� Kitsap Laborers Railroad Spike Puller - Power $44.76 7A 31
Kitsap Laborers Raker - Asphalt $45.32 7A 31
� Kitsap Laborers Re-timberman $45.32 7A 31
Kitsap Laborers Remote Equipment Operator $44.76 7A 31
Kitsap Laborers Rigger/signal Person $44.76 7A 31
tKitsap Laborers Rip Rap Person $43.95 7A 31
Kitsap Laborers Rivet Buster $44.76 7A 31
� Kitsap Laborers Rodder $44.76 7A 31
Kitsap Laborers Scaffold Erector $43.95 7A 31
, Kitsap Laborers Scale Person $43.95 7A 31
Kitsap Laborers Sloper (over 20") $44.76 7A 31
Kitsap Laborers Sloper Sprayer $43.95 7A 31
� Kitsap Laborers Spreader (concrete) $44.76 7A 31
Kitsap Laborers Stake Hopper $43.95 7A 31
' Kitsap Laborers Stock Piler $43.95 7A 31
Kitsap Laborers Tamper �t Similar Electric, Air $44.76 7A 31
�t Gas Operated Tools
' Kitsap Laborers Tamper (multiple �t Self- $44.76 7A 31
propelled)
� Kitsap Laborers Timber Person - Sewer (lagger, $44.76 7A 31
Shorer�t Cribber)
Kitsap Laborers Toolroom Person (at Jobsite) $43.95 7A 31
, Kitsap Laborers Topper $43.95 7A 31
Kitsap Laborers Track Laborer $43.95 7A 31
1 Kitsap Laborers Track Liner (power) $44.76 7A 31
Kitsap Laborers Traffic Control Laborer $39.84 7A 31 8R
Kitsap Laborers Traffic Control Supervisor $39.84 7A 31 8R
' about:blank 3/4
3/2/2016 about:blank
Kitsap Laborers Truck Spotter $43.95 7A 31 '
Kitsap Laborers Tugger Operator $44.76 7A 31
Kitsap Laborers Tunnel Work-Compressed Air $74.29 7A 31 8� �
Worker 0-30 psi
Kitsap Laborers Tunnel Work-Compressed Air $79.32 7A 31 8�
Worker 30.01-44.00 psi ,
Kitsap Laborers Tunnel Work-Compressed Air $83.00 7A 31 8�C
Worker 44.01-54.00 psi
Kitsap Laborers Tunnel Work-Compressed Air $88.70 7A 31 ,8� '
Worker 54.01-60.00 psi
Kitsap Laborers Tunnel Work-Compressed Air $90.82 7A 31 84 '
Worker 60.01-64.00 psi
Kitsap Laborers Tunnel Work-Compressed Air $95.92 7A 31 �
Worker 64.01-68.00 psi '
Kitsap Laborers Tunnel Work-Compressed Air $97.82 7A 31 �
Worker 68.01-70.00 psi
Kitsap Laborers Tunnel Work-Compressed Air $99.82 7A 31 8Q �
Worker 70.01-72.00 psi
Kitsap Laborers Tunnel Work-Compressed Air $101.82 7A 31 8�( �
Worker 72.01-74.00 psi
Kitsap Laborers Tunnel Work-Guage and Lock $45.42 7A 31 84
Tender �
Kitsap Laborers Tunnel Work-Miner $45.42 7A 31 8�C
Kitsap Laborers Vibrator $44.76 7A 31 '
Kitsap Laborers Vinyl Seamer $43.95 7A 31
Kitsap Laborers Watchman $33.86 7A 31
Kitsap Laborers Welder $44.76 7A 31 �
Kitsap Laborers Wett Point Laborer $44.76 7A 31
Kitsap Laborers Window Washer/cleaner $33.86 7A 31 '
Kitsap Painters Journey Level $39.35 6Z 2B
Kitsap Truck Drivers Asphalt Mix Over 16 Yards (W. $51.25 5D 3A 8L �
WA-Joint Council 28)
Kitsap Truck Drivers Asphalt Mix To 16 Yards (W. $50.41 5D 3A 8L
WA-Joint Council 28) '
Kitsap Truck Drivers Dump Truck $19.60 1
Kitsap Truck Drivers Dump Truck And Trailer $19.60 1
Kitsap Truck Drivers Other Trucks $18.37 1 '
Kitsap Truck Drivers Transit Mixer $20.79 1
�
,
�
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� Benefit Code Key—Effective 3/2/2016 thru 8/30/2016
� ******************************�***************************************************************************�*
Overtime Codes
' Overtime calculations are bascd on the hourly rate actually paid to the worker. On public works projects,the hourly rate
must be not less than the prevailing rate of wage minus the hourly rate of the cost of fringe benefits actually provided for
thc�vorker.
� 1. ALL HOURS WORKED 1N EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL
BE PAID AT ONE AND ONE-HALF T[MES THE HOURLY RATE OF WAGE.
� B. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked
on Sundays and holidays shall be paid at double the hourly rate of wage.
' C. The first two (2) hours after e�ght (8) regular hours Monday through Friday and the first ten (10) hours on Saturday
shall be paid at one and one-half times thc hourly ratc of wage. All other ovcrtime hours and all hours worked on
Sundays and holidays shall bc paid at double the hourly rate of wage.
' D. The first two(2)hours before or afrer a five-eight(8)hour workweek day or a four-ten(10)hour workweek day and
the first eight(8)hours worked the next day after either workweek shall be paid at one and one-half times the hourly
rate of wage. All additional hours worked and all �vorked on Sundays and holidays shall be paid at double the hourly
Irate of wage.
E. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight(8)hours on Saturday
� shall be paid at one and one-half times the hourly rate of�vage. All other hours worked Monday through Saturday,
and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage.
F. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10)hours on Saturday
� shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked, except Labor Day,
shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the
hourly rate of wage.
� G. The first tcn (10) hours �vorked on Saturdays and the first ten (10) hours worked on a fit�h calendar weekday in a
four-ten hour schedule, shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess
of tcn (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at
� doublc the hourly rate of wage.
H. All hours worked on Saturdays (except makeup days if work is lost duc to inclement weather conditions or
� equipment breakdown) shall bc paid at one and one-half times the hourly rate of wagc. All hours worked Monday
through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the
hourly rate of wage.
� I. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage.
J. The first two (2)hours after eight(8) regular hours Monday through Friday and the first ten (10) hours on Saturday
� shall be paid at onc and onc-half titnes the hourly rate of wage. All hours worked over ten (10) hours Monday
through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage.
K. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All
Ihours worked on holidays shall be paid at double the hourly rate of wagc.
M. All hours w�orked on Saturdays (except makeup days if�vork is lost due to inclement weather conditions) shall be
'' � paid at one and one-half times thc hourly rate of wage. All hours worked on Sundays and holidays shall bc paid at
double the hourly rate of wage.
� N. All hours worked on Saturdays (except makcup days) shall be paid at one and one-half times the hourly rate of
wagc. All hours workcd on Sundays and holidays shall be paid at double thc hourly rate of wage.
1
,
Benefit Code Key—Effective 3/2/2016 thru 8/30/2016 �
Overtime Codes Continued ,
l. O. The first ten (10) hours workcd on Saturday shall be paid at one and one-half times the hourly ratc of wage. All ,
hours worked on Sundays, holidays and after t�vclve (12) hours, Monday through Friday and after ten(10) hours on
Saturday shall bc paid at double the hourly rate of wage.
P. All hours worked on Saturdays (except makeup days if circumstances warrant)and Sundays shall be paid at one and �
one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage.
Q. The first two (2) hours after eight (8) regular hours Monday through Friday and up to ten (10) hours worked on �
Saturdays shall be paid at one and one-half timcs the hourly rate of wage. ,All hours worked in excess of ten (10)
hours per day Monday through Saturday and all hours worked on Sundays and holidays(except Christmas day) shall
be paid at double the hourly rate of wage. All hours workcd on Christmas day shall be paid at two and one-half
times the hourly rate of wage. �
R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage.
S. The first two (2) hours after eight(8) regular hours Monday through Friday and the first eight(8)hours on Saturday ,
shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays and all other
overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on
Labor Day shall be paid at three times the hourly rate of wage. �
U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on
Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of�vage. All hours worked on �
Labor Day shall be paid at three times the hourly rate of wage.
V. All hours worked on Sundays and holidays (except Thanksgiving Day and Christmas day) shall be paid at one and
one-half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at �
double the hourly rate of wage.
W. All hours worked on Saturdays and Sundays (except make-up days due to conditions beyond the control of the �
employer)) shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be
paid at double the hourly rate of wage. �
X. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelvc (12) hours on �
Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked ovcr twelve (12) hours
Monday through Saturday, Sundays and holidays shall be paid at doublc the hourly rate of wagc. Whcn holiday falls
on Saturday or Sunday, thc day before Saturday, Friday, and the day after Sunday, Monday, shall be considered thc �
lioliday and all work performed shall be paid at double the hourly rate of wage.
Y. All hours worked outside the hours of 5:00 am and 5:00 pm (or such other hours as may be agreed upon by any
employer and the employee)and all hours worked in excess of eight(8) hours per day(10 hours per day for a 4 x 10 �
workweek)and on Saturdays and holidays (except labor day) shall be paid at one and one-half times the hourly rate
of wage. (except for employees who are absent from work without prior approval on a scheduled workday during
the workweek shall be paid at the straight-time rate until they have worked 8 hours in a day (]0 in a 4 x 10 �
workweek) or 40 hours during that workwcek.) All hours worked Monday through Saturday over twelve (12) hours
and all hours worked on Sundays and Labor Day shall be paid at double the hourly ratc of wage.
Z. All hours worked on Saturdays and Sundays shall be paid at one and one-half times thc hourly rate of wage. All ,
hours worked on holidays shall be paid the straight time rate of pay in addition to holiday pay.
. '
. �
2
�
� Benefit Code Key—Effective 3/2/2016 thru 8/30/2016
' Overtime Codes Continued
2. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL
BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE.
, B. All hours worked on holidays shall be paid at onc and one-half times the hourly rate of wage.
� C. All hours workcd on Sundays shall be paid at one and one-half times the hourly ratc of wage. All hours workcd on
holidays shall be paid at two times the hourly rate of wage.
F. The first eight (8) hours worked on holidays shall bc paid at thc straight hourly rate of wage in addition to thc
� holiday pay. All hours workcd in ezcess of eight (8) hours on holidays shall be paid at double the hourly rate of
wage.
� G. All hours worked on Sunday shall be paid at two timcs the hourly rate of wage. All hours worked on paid holidays
shall be paid at two and one-half times the hourly rate of wage including holiday pay.
' H. All hours worked on Sunday shall be paid at two titnes the hourly rate of wage. All hours worked on holidays shall
be paid at one and one-half times the hourly rate of wage.
O. All hours worked on Sundays and holidays shall be paid at one and one-half times the hourly rate of wage.
� R. All hours worked on Sundays and holidays and all hours worked over sixty(60) in one week shall be paid at double
the hourly rate of wage.
� U. All hours�vorked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours�vorked
over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage.
' W. The first two (2) hours after eight(8) regular hours Monday through Friday and the first eight(8)hours on Saturday
shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday,
and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day,
� ten-hour�veekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten
shall be pa�d at double thc hourly rate of wage. The first eight (8) hours�vorked on the fifth day shall be paid at one
and one-half ti�nes the hourly rate of wage. All other hours worked on the tifth, sixth, and sevcnth days and on
holidays shall be paid at double the hourly rate of wagc.
�
3. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL
� BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE.
A. Work performed in cxcess of eight(8)hours of straight time per day,or tcn(10) hours of straight time per day when
four ten (10) hour shifts are establishcd, or forty (40) hours of straight time per weck, Monday through Fnday, or
� outside the normal shit�, and all work on Saturdays shall be paid at timc and one-half the straight time rate. Hours
worked over twelve hours (12) in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Monday
and holidays shall be paid at double thc straight time rate of pay. Any shift starting between the hours of 6:00 pm
, and midnight shall rcceive an additional one dollar ($1.00) per hour for all hours worked that shift. Thc employer
shall have the sole discretion to assign overtime work to employees. Primary consideration for overtime work shall
be givcn to employecs regularly assigned to the work to be performed on overtime situations. Aftcr an employce has
�vorked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate
� until such time as the employee has had a break of cight(8)hours or more.
C. Work performed in excess of eight(8)hours of straight time per day, or ten(10)hours of straight time per day when
� four ten (10) hour shifts arc established, or forty (40) hours of straight time per week, Monday through Friday, or
outside the normal shift, and all work on Saturdays shall be paid at onc and onc-half times the hourly rate of wage.
All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays shall be paid at double the hourly rate
of wage. After an employee has worked eight(8)hours at an applicable overtime rate, all additional hours shall be at
� the applicable overtimc rate until such time as the employec has had a break of eight(8)hours or more.
3
,
Benefit Code Key—Effective 3/2/2016 thru 8/30/2016 �
Overtime Codes Continued '
3. D. All hours worked between the hours of 6:00 pm and 6:00 am, Monday through Saturday, shall be paid at a premium
rate of 15% over the hourly rate of wage. All other hours worked after 6:00 am on Saturdays, shall be paid at one ,
and one-half times the hourly rate of wage. All hours workcd on Sundays and holidays shall be paid at double the
hourly rate of wage.
E. All hours worked Sundays and holidays shall be paid at double the hourly rate of wage. Each week, once 40 hours of �
straight time work is achieved, then any hours worked over 10 hours per day Monday through Saturday shall be paid
at double the hourly wage rate.
F. All hours worked on Saturday shall be paid at one and one-half times the hourl ratc of wa e. All hours worked �
Y � on
Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall bc paid at two
and one-half times the hourly rate of�vage including holiday pay. �
H. All �vork performed on Sundays between March 16th and October 14th and all Holidays shall be compensated for at
two (2) times the regular rate of pay. Work performed on Sundays between October 15th and March ISth shall be �
compensated at one and one half(1-1/?)times the regular rate ofpay.
I. All hours�vorked on Saturdays shall be paid at one and one-half times the hourly rate of wage. In the event the job is
down due to weather conditions during a five day work week(Monday through Friday,)or a four day-ten hour work �
week(Tuesday through Friday,) then Saturday may be worked as a voluntary make-up day at the straight time rate.
However, Saturday shall not be utilized as a make-up day when a holiday falls on Friday. All hours worked Monday
through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the �
hourly rate of wage.
4. ALL HOURS WORKED IN EXCESS OF E1GHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL 1
BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE.
A. All hours worked in excess of eight (8) hours per day or forty(40)hours per�veek shal I be paid at double the hourly �
rate of wage. All hours workcd on Saturdays, Sundays and holidays shall be paid at double the hourly rate of wage.
B. All hours worked over t�velvc(12)hours per day and all hours worked on holidays shall be paid at double the hourly �
rate of wage.
C. On Monday through Friday, the first four(4) hours of overtime after eight (8) hours of straight time work shall be
paid at one and one half(1-1/2)times the straight time rate of pay, unless a four(4) day ten(10)hour workweek has �
been established. On a four (4) day ten (10) hour workwcek scheduled Monday through Thursday, or Tuesday
through Friday, the first two (2) hours of overtime aftcr ten (10)hours of straight time work shall be paid at one and
one half(1-1/2) times the straight time rate of pay. On Saturday, the first twelve (12) hours of work shall be paid at
one and one half(1-1/2)ti�nes the straight time rate ofpay, except that if the job is down on Monday through Friday �
due to weather conditions or other conditions outside the control of the employer, the first ten (10) hours on
Saturday may be worked at the straight time rate of pay. All hours worked over twelve (12) hours in a day and all
hours worked on Sunday and Holidays shall be paid at two(2)times thc straight time ratc of pay. �
�
�
�
4
,
' Benefit Code Key—Effective 3/2/2016 thru 8/30/2016
� Overtime Codes Continued
4. D. All hours worked in exccss of eight(8)hours per day or forty(40)hours per week shall be paid at double the hourly
1 rate of wage. All hours worked on Saturday, Sundays and holidays shall be paid at double the hourly rate of pay.
Ratcs include all members of the assigned crcw.
EXCEPTION:
� On all multipole structures and steel transmission lines, switching stations, regulating, capacitor stations, generating
plants, industrial plants, associated installations and substations, except those substations whose primary function is
to fecd a distribution system, will be paid overtimc under the following rates:
� The first two (2) hours after eight(8)regular hours Monday through Friday of ovcrtime on a regular workday, shall
be paid at onc and one-half times the hourly ratc of wage. All hours in cxccss of ten (10) hours will bc at two (2)
times the hourly rate of wagc. Thc first eight (8) hours worked on Saturday will be paid at one and one-half(1-1/2)
� times the hourly ratc of�vage. All hours worked in cxcess of eight (8) hours on Saturday, and all hours worked on
Sundays and holidays will be at the double the hourly ratc of w�age.
� All overtime eligible hours perfonned on the above described work that is energized, shall be paid at the double the
hourly rate of wage.
E. The first two(2)hours after eight(8) regular hours Monday through Friday and the first eight (8)hours on Saturday
� shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday,
and all hours worked on Sundays and holidays shall be paid at double the hourly rate of.wage.
� On a four-day, ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours
�vorked after ten shall be paid at double the hourly rate of wage. The Monday or Friday not utilized in the normal
four-day, ten hour work week, and Saturday shall be paid at one and one half(1'/z) times the regular shift rate for the
first eight (8) hours. All other hours worked Monday through Saturday, and all hours worked on Sundays and
� holidays shall be paid at double the hourly rate of wage.
F. All hours worked between the hours of 6:00 pm and 6:00 am, Monday through Saturday, shall be paid at a premium
� rate of 20% over the hourly rate of wage. All hours worked on Sundays shall be paid at one and one-half times the
hourly ratc of wage. All hours workcd on holidays shall be paid at doublc the hourly rate of wage.
G. All hours �vorked on Saturdays shall be paid at onc and one-half timcs the hourly rate of wagc. All hours worked
' Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at
doublc the hourly ratc of wage.
,i Holidav Codes
� 5. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday aftcr
Thanksgiving Day,and Christmas Day(7).
B. Holidays: New Year's Day, Memorial Day, Indepcndence Day, Labor Day, Thanksgiving Day, Friday after
� Thanksgiving Day,thc day beforc Christmas,and Christmas Day(8).
C. Holidays: New Year's Day, Presidents' Day, Memorial Day, Indepcndence Day, Labor Day, Thanksgiving Day,
� thc Friday after Thanksgiving Day, And Christmas Day(8).
D. Holidays: New Year's Day, Memorial Day, Indcpendence Day, Labor Day, Thanksgiving Day, the Fr�day and
1 Saturday after Thanksgiving Day, And Christmas Day(S).
H. Holidays: New Year's Day, Mcmorial Day, Independence Day, Thanksgiving Day, the Day after Thanksgiving Day,
� And Christmas(6).
5
�
Benefit Code Key—Effective 3/2/2016 thru 8/30/2016 �
Holidav Codes Continued '
5. 1. Holidays: New Year's Day, Memorial Day, Independencc Day, Labor Day, Thanksgiving Day, and Chrisimas Day
�6) �
J. Holidays: Ncw Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Friday after Thanksgiving Day,
Christmas Eve Day,And Christmas Day(7).
K. Holidays: New Year's Day, Presidents' Day, Memorial Da , Inde endence Da , Labor Da Thanks ivin> Da �
Y P Y Y, � b Y�
Friday After Thanksgiving Day,The Day Before Christmas,And Christmas Day(9).
L. Holidays: Ncw Year's Day, Martin Luther King Jr. Day, Mcmorial Day, Independence Day, Labor Day, '
Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day(8).
N. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, �
Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day(9).
P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day,Thanksgiving Day, Friday And Saturday I
After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). lf A Holiday Falls On Sunday, The
Following Monday Shall Be Considered As A Holiday. '
Q. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas �
Day(6).
R. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After �
Thanksgiving Day,One-Half Day Before Christmas Day, And Christmas Day. (7 1/2).
S. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, lndependence Day, Labor Day, Thanksgiving �
Day, And Christmas Day(7).
T. Paid Holidays: New Year's Day, Washington's Birthday, Memorial Day, Independcnce Day, Labor Day, �
Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, And The Day Before Or After Christmas
(9).
Z. Holidays: New Year's Day, Memorial Day, Tndependence Day, Labor Day, Veterans Day, Thanksgiving Day, the �
Friday after Thanksgiving Day, And Christmas Day(8).
6. A. Paid Holidays: Ncw Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving �
Day,the Friday after Thanksgiving Day,And Christmas Day(8).
E. Paid Holidays: New Year's Day, Day Beforc Or After New Year's Day, Presidents Day, Memorial Day, �
Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and a
Half-Day On Christmas Eve Day. (9 1/2).
G. Paid Holidays: New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Independence Day, '
Labor Day, Veterans' Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and Christmas
Eve Day(11). I
H. Paid Holidays: New Year's Day, New Year's Eve Day, Memorial Day, indepcndence Day, Labor Day, �
Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating
Holiday(10). �
I. Paid Holidays: New Year's Day, Memorial Day,Independence Day, Labor Day, Thanksgiving Day, Friday
After Thanksgiving Day, And Christmas Day(7).
�
6
r
, Benefit Code Key-Effective 3/2/2016 thru 8/30/2016
� Holidav Codes Continued
6. T. Paid Holidays: New Year's Day, Presidents' Day, Mcmorial Day, Independence Day, Labor Day,
1 Thanksgiving Day, The Friday Aftcr Thanksgiving Day, The Last Working Day Before Christmas Day,
And Christmas Day(9).
Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after
� Thanksgiving Day, And Christmas Day (7). If a holiday falls on Saturday, thc preceding Friday shall be
considered as the holiday. If a holiday falls on Sunday, the following Monday shall be considered as the
holiday.
L7. A. Holidays: Ncw Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and
Saturday after Thanksgiving Day, And Christmas Day (8). Any Holiday Which Falls On A Sunday Shall Bc
, Observcd As A Holiday On Thc Following Monday. If any of the listed holidays falls on a Saturday, the preceding
Friday shall bc a regular work day.
B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and
1 Saturday after Thanksgiving Day, And Christmas Day(8). Any holiday which falls on a Sunday shall be observed as
a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the
preceding Friday.
� C. Holidays: New Year's Day, Martm Luther Kmg Jr. Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a
Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be
� observed as a holiday on the preceding Friday.
D. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving
Day, the Friday after Thanksgiving Day, And Christmas Day (A). Unpaid Holidays: President's Day. Any paid
, holiday which falls on a Sunday shall be observed as a holiday on the follo�ving Monday. Any paid holiday which
falls on a Saturday shall be observed as a holiday on the preceding Friday.
� E. Holidays: New Year's Day, Memorial Day, Independencc Day, Labor Day, Thanksgiving Day, thc Friday after
Thanksgiving Day, And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on
the followmg Monday. Any holiday which falls on a Saturday shall be obscrved as a holiday on the preceding
� Friday.
F. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after
Thanksgiving Day, the last working day before Christmas day and Christmas day(8). Any holiday which falls on a
� Sunday shall be obscrved as a holiday on the following Monday. Any holiday which falls on a Saturday shall be
observed as a holiday on thc preceding Friday.
� G. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day
(6). Any holiday which falls on a Sunday shall be observcd as a holiday on the following Monday.
H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day.
I Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day bcfore Chr�stmas Day and Christmas
Day(9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday
�vhich falls on a Saturday shall be observed as a holiday on the preceding Friday.
rI. Holidays: New Year's Day, President's Day, indepcndence Day, Mcmorial Day, Labor Day,Thanksgiving Day,The
Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day (9). Any holiday which falls
on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall
� be observed as a holiday on the preceding Friday.
J. Holidays: New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day
� (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday
which falls on a Saturday shall be obscrved as a holiday on the preceding Friday.
7
�
Benefit Code K —
e Effective 3 2 2016 thru 8 30 2016 �
Y / / / /
Holidav Codes Continued �
7. K. Holidays: New Year's Day, Memorial Day, Independcnce Day, Thanksgiving Day, the Friday and Saturday after '
Thanksgiving Day, And Christmas Day(8). Any holiday which falls on a Sunday shall be observed as a holiday on
the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on tlie preceding
Friday.
L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day �
before Christmas Day, And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday
on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding '
Friday.
M. Paid Holidays: New Year's Day, The Day after or before New Year's Day, President's Day, Memorial Day,
Independcnce Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, And the Day '
aRer or beforc Christmas Day (10). Any holiday which falls on a Sunday shall be observcd as a holiday on the
following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday.
N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after I
Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on
the following Monday. When Christmas falls on a Saturday,the preceding Friday shall be observed as a holiday.
�
P. Holidays: New Year's Day, Meinorial Day, Independence Day, Labor Day, Thanl:sgiving Day, Friday after
Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on �
the following Monday.
Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after
Thanksgiving Day, the Last Working Day before Christtnas Day and Christmas Day(8). Any holiday�vhich falls on �
a Sunday shall be observed as a holiday on the follo�ving Monday. If any of the listed holidays falls on a Saturday,
the preceding Friday shall be a regular work day.
R. Paid Holidays: New Year's Day, the day aftcr or before New Year's Day, Presidcnt's Day, Memorial Day, �
Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and the day
after or before Christmas Day (10). If any of thc listed holidays fall on Saturday, thc preceding Friday shall be
observcd as thc holiday. If any of the listed holidays falls on a Sunday, the day obscrved by the Nation shall be �
considered a holiday and compensated accord�ngly.
S. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after �
Thanksgiving Day, Christmas Day, the Day after Christ�nas,and A Floating Holiday(9). If any of the listed holidays
falls on a Sunday,the day observed by the Nation shall be considercd a holiday and compensated accordingly.
T. Paid Holidays: New Year's Day, the Day after or before New Year's Day, President's Day, Memorial Day, �
Independcnce Day, Labor Day,Thanksgiving Day, thc Friday after Thanksgiving Day, Christmas Day, and The Day
after or before Christmas Day. (10). If any of the listed holidays falls on a Sunday, the day observed by the Nation
shall bc considered a holiday and compensated accordingly. Any holiday which falls on a Saturday shall bc �
observed as a holiday on the preceding Friday.
Note Codes ,
8. A. In addition to the hourly wage and fringe bencfits, the following depth premiums apply to dcpths of fifty feet or
more: �
Over 50' To 100'-$2.00 per Foot for Each Foot Ovcr 50 Fect
Over 100'To 150'-$3.00 per Foot for Each Foot Over 100 Feet
Over 150'To 220'-$4.00 per Foot for Each Foot Over 150 Feet
Over 220'-$5.00 per Foot for Each Foot Over 220 Feet �
8
�
, Benefit Code Key—Effective 3/2/2016 thru 8/30/2016
� Note Codes Continued
, 8. C. ln addition to the hourly wage and fringc benefits, the following depth premiums apply to dcpths of fifty feet or
morc:
Over 50' To 100'-$L.00 per Foot for Each Foot Over 50 Feet
Over 100'To 150'-$1.50 per Foot for Each Foot Ovcr 100 Feet
� Over 150'To 200'-$2.U0 per Foot for Each Foot Over 150 Fcet
Over 200'-Divers May Namc Their Own Price
� D. Workers working with supplied air on hazmat projects receive an additional $1.00 per hour.
L. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $0.75, Level B: $0.50, And
� Levcl C: $0.25.
M. Workers on hazmat projects receive additional hourly premiums as follows: Levels A & B: �1.00, Levels C & D:
$0.50. '
� N. Workers on hazmat projects receive additional hourly premiums as follows-Level A: $1.00, Level B: 50.75, Level I
C: $0.50,And Level D: $0.25.
� P. Workers on hazmat projects receive additional hourly premiums as follows -Class A Suit: S2.00, Class B Suit:
$1.50,Class C Suit: $1.00, And Class D Suit$0.50.
� Q. The highest pressure registered on the gauge for an accumulated time of more than fifteen (15) minutes during the
shift shall be used in determining the scale paid.
� R. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever tlagging or
spotting or other traffic control labor is being utilized. A Traffic Control Laborer perfonns the setup, maintenance
and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle,
� and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on
approved Traftic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current
flagging card issucd by the State of Washington,Oregon, Montana, or ldaho.These classifications are only effective
� on or after August 31,2012.
S. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or
spotting or other traffic control labor is being utilized. Flaggers and Spotters shall be posted where shown on
� approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current
flagging card issued by the State of Washington, Oregon, Montana, or ldaho. This classification is only effective on
or after August 31, 2012.
' T. Eftective August 31, 2012 — A Traffic Control Laborer perforn�s the setup, maintenance and removal of all
temporary traftic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian
traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic
' Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current tlagging card
issued by the State of Washington, Oregon, Montana, or idaho. This classification is only effective on or after
August 31,2012.
' U. Workers on hazmat projects receive additional hourly premiums as follows — Class A Suit: $2.00, Class B Suit:
$1.50, And Class C Suit: $1.00. Workers performing underground work receive an additional $0.40 per hour for any
and all work performed underground, including operating, servicing and repairing of equipment. The premium for
I underground work shall be paid for the entire shift worked. Workers who work suspended by a ropc or cable rcceivc
an additional $0.50 per hour. Thc premium for work suspended shall be paid for the entire shift worked. Workers
who do "pioneer" work (brcak open a cut, build road, etc.) morc than one hundred fifty (150) feet above gradc
' elevation receive an additional $0.50 per hour.
9
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� SUMMARY OF WORK
� SECTION 01010
, PART1 -GENERAL
1.1 THE REQUIREMENT
� A. The WORK to be performed under this Contract shall consist of furnishing tools,
equipment, materials, supplies, and manufactured articles, and furnishing all labor,
� transportation, and services, including fuel, power, essential communications, and
performing all work or other operations required for the fulfillment of the Contract in
strict accordance with the Contract Documents. The WORK shall be complete,and all
work, materials, and services not expressly indicated or called for in the Contract
� Documents which may be necessary for the complete and proper construction of the
WORK in good faith shall be provided by the CONTRACTOR as though originally so
indicated,at no increase in cost to the OWNER.
� 1.2 WORK COVERED BY CONTRACT DOCUMENTS
� A. The WORK is located at the City of Bremerton's Reservoir 16 at 260 Sugar Pine Drive,
Bremerton,WA 98310.
I B. DESCRIPTION OF WORK: The Work consists of recoating of Reservoir 16 exterior, a
1,000,000 gallon welded steel potable water reservoir. The tank is 95 feet in
diameter and approximately 20 feet high. The work includes site mobilization,
, setting up an exterior environmental control and containment system,
blasting/cleaning the metal substrate to SSPC-SP10, coating the entire steel
exterior of the reservoir including the lid, sides, ladder, pipe, vents, hatches,
� hardware, and all other exposed steel surface on the reservoir exterior. Work also
includes demobilization and site cleanup.
� 1.3 CONTRACT METHOD
� A. The WORK hereunder will be constructed as a lump sum bid item (Bid Item No. 1) in
the Bid Schedule in Section 00300.
� 1.4 CONTRACTOR USE OF SITE
A. The CONTRACTOR's use of the Site shall be limited to its construction operations,
� including on-site storage of materials and field offices. Construction activities shall
be contained within the fenced limits.
' 1.5 OWNER USE OF THE SITE
A. The Reservoir will be off-line during the project and the Owner will not utilize the
� Reservoir during the Work except to turn valves. The CONTRACTOR shall cooperate
and coordinate with the OWNER as necessary to allow the OWNER to have access to
the site during construction.
� RESERVOIR 16-EXTERIOR COATING REPLACEMENT SUMMARY OF WORK
MARCH 2O16 01010-1
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PART 2-PRODUCTS (Not Used) �
PART 3 -EXECUTION (Not Used) ,
END OF SECTION �
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RESERVOIR 16-EXTERIOR COATING REPLACEMENT SUMMARY OF WORK
MARCH 2O16 01010-2
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SECTION 01020
' REFERENCE STANDARDS AND DEFINITIONS
1 PART 1 - GENERAL
� 1.1 REGULATORY REQU[REMENTS
A. This project shall comply with the most recent publications of the following:
� 1. Uniform Building Code (UBC)
� 2. Uniform Building Code Standards (UBCS)
3. American Institute of Steel Construction (AISC)
! 4. American Welding Society(AWS)
1 5. American Water Works Association (AWWA)
6. Washington State Department of Transportation (WSDOT)/ American Public
� Works Association (APWA) Standard Specifications for Road Bridge and
Municipal Construction
7. Puget Sound Clean Air Agency (PSCAA) for Lead-Based Paint covered surfaces
, 8. Washington State Department of Labor and Industries (L&I).
, B. The latest edition of the requirements in effect at the date of submission of bids shall
apply.
� C. The Contractor is responsible to comply with laws and codes applicable in performing
the Work.
, D. The Contractor is responsible to report code deficiencies in the design to the Engineer
prior to proceeding with the Work.
E. In cases where the Contract Documents are more restrictive than applicable codes, the
i. Contractor shall comply with the Contract Documents.
' 1.2 REFERENCE STANDARDS
A. When these Specifications state that Work or tests shall conform to specific provisions
� in a referenced standard,specification,code, recommendation, or manual published by
an association, organization, society, or agency the referenced provision shall be
considered a part of these specifications as Eully as if included in total. When these
' Specifications or applicable codes contain higher or more restrictive requirements
RESERVOIR 16-EXTERIOR COATING REPLACEMENT REFERENCE STANDARDS AND DEFINITIONS
MARCH 2O16 01020-1
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than those contained in reference standards these Specifications or applicable codes '
shall govern.
B. The latest edition of a referenced standard published at the time of submission of bids ,
shall app(y unless a specific date for the referenced standard is cited in these
Specifications.
1.3 SPECIFICAT[ON LANGUAGE AND STYLE �
A. Many parts of the Specification as well as notes on the Drawings are written in the '
active voice and are addressed to the Contractor.
1. When words or phrases requiring an action or performance of a task are used, it '
means that the Contractor shall provide the action or perform the task. For
example: provide,perform, install, furnish, erect, connect,test,operate,adjust, or
similar words mean that the Contractor shall perform the action or task referred �
to.
2. When words or phrases requiring selection, acceptance, approval, review, �
direction, designation, or similar actions are referred to, it means that such
actions are the City's or the Engineer's prerogative and that the contractor must
obtain such action before proceeding. e
B. Requirements in the Specifications shall apply to all work of similar type, kind or class
even though the word "all" or"typical"may not be stated. �
1.4 DEFINITIONS
The following terms, when used in the Contract Documents, shall have the following 0
meanings: �
ACCEPTABLE "acceptable to the Engineer" '
PERFORM "perform all operations required to complete the work
referred to in the accordance with the intent of the �
Contact Documents"
REQUIRED "required by the Contract Documents or required to ,
complete the Work and produce the intended results"
SATISFACTORY � "acceptable to the Engineer" �
SHOWN "as indicated on the Drawings"
SITE "geographical location of the Project and land within the t
work area shown on the contract drawings and within
which the Work will be installed or built" �
SPECIFIED "as written in the Contract Documents including the
Specifications and the Drawings" �
RESERVOIR 16-EXTERIOR COATING REPLACEMENT REFERENCE STANDARDS AND DEFINITIONS
MARCH 2O16 01020-2 �
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� PECIFICATIONS Refers to the most current edition of the Washin ton State
STANDARD S g
IDepartment of Transportation Standard Specifications
SUBM[T "submit to the Engineer"
�
1.5 ABBREVIATIONS .
, The following acronyms or abbreviations are used in these Specifications for the
organizations listed:
� Abbreviations Stand For
� AASHITO American Association of State Highway and Transportation Officials
AAMA Architectural Aluminum Manufacturers Association
ABMA American Boiler Manufacturers Association
� ACI American Concrete Institute
ADC Air Diffusion Council
AGA American Gas Association .
AGMA American Gear Manufacturers Association
j AI Asphalt Institute
AISC American Institute of Steel Construction
� AIS[ American Iron and Steel Institute
AITC American Institute of Timber Construction
AMCA Air Moving and Conditioning Association
ANSI American National Standard Institute
, APA American Plywood Association
API American Petroleum Institute
APWA American Public Works Association
� AREA American Railway Engineering Association
ASCE American Society of Civil Engineers
ASHRAE American Society of Heating, Refrigeration and Air Conditioning
� Engineers
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWPA American Wood Preservers'Association
, AWS American Welding Society
AWWA American Water Works Association
� CAGI Compressed Air and Gas lnstitute
CBM Certified Ballast ManuEacturers
CBR California Bearing Ratio
� CI Chlorine Institute
CISPI Cast Iron Soil Pipe Institute
CMAA Crane Manufacturers Association of America
I CPSC Consumer Products Safety Commission
CRA California Redwood Association
CRSI Concrete Reinforcing Steel Institute
CS Commercial Standards for the U,S. Department of Commerce
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RESERVOIR 16-EXTERIOR COATING REPLACEMENT REFERENCE STANDARDS AND DEFINITIONS
MARCH 2O16 01020-3
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CTI Cooling Tower Institute �,
DFPA Douglas Fire Plywood Association
DOE Washington State Department of Ecology �
DOH Washington State Department of Health
E[A Electronic Industries Association
EPA U.S. Environmental Protection Agency
ETL Electronic Testing Laboratory �
FM Factory Mutual Insurance Company
FPS Fluid Power Society
FS Federal Specifications '
HI Hydraulic Institute
HMI Hoist Manufacturers Institute
IAPMO International Association of Plumbing and Mechanical Officials ,
ICPO International Conference of Building Officials
IEEE Institute of Electrical and Electronic Engineers
IES Illuminating Engineering Society � �
IGCC Insulating Glass Certification Council .
IPCE International Power Cable Engineers Association
ISA Instrument Society of America �
L&I Washington State Department of Labor and Industries
NAAMM National Association of Architectural Metal Manufacturers
NBS National Bureau of Standards �
NCPI National Clay Pipe Institute
NEC National Electrical Code
NEMA National Electrical Manufacturers Association
NEPA National Environmental Policy Act g
NETA International Electrical Testing Association
NFPA National Fire Protection Association
NGVD National Geodetic Vertical Datum �
NSF National Sanitation Foundation
NWMA National Woodwork ManuEacturers Association
OSHA Occupational Safety and Health Act '
PCA Portland Cement Association
RCW Revised Code of Washington
REA Rural Electrification Administration �
SAMA Scientific Apparatus Makers Association
SMACNA Sheet Metal and Air Conditioning Contractors National Association
SSPC Structural Steel Painting Council � '
TCA Tile Council of America
UBC Uniform Building Code
UPC Uniform Plumbing Code �
UFC Uniform Fire Code
UMC Uniform Mechanical Code
USDC U.S. Department of Commerce 1
UL Underwriters Laboratories
WAC Washington Administration Code
WCLIB West Coast Lumber[nspection Bureau �
WIC Woodwork Institute of California
WISHA Washington Industrial Safety and Health Act
WSEC Washington State Energy Code �
RESERVOIR 16-EXTERIOR COATING REPLACEMENT REFERENCE STANDARDS AND DEFINITIONS
MARCH 2O16 01020-4
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� WSS Washington State Department of Transportation (WSDOT)/American
Public Works Association (APWA) Standard Specifications for Road
Bridge and Municipal Constructions
j PART 2 - PRODUCTS Not Used
� )
IPART 3 - EXECUTION (Not Used)
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END OF SECTION
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RESERVOIR 16-EXTERIOR COATING REPLACEMENT REFERENCE STANDARDS AND DEFINITIONS
MARCH 2O16 01020-5
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� SECTION 01025
1 MEASUREMENT AND PAYMENT
PART 1-GENERAL
� 1.1 SCOPE
iA. This is a lump sum project.
i
B. Payment for the various items of the Bid Schedule, as further specified herein, shall
� include all compensation to be received by the Contractor for furnishing all tools,
equipment, supplies, and manufactured articles, and for all labor, operations, and
incidentals appurtenant to the items of work being described, as necessary to complete
� the WORK all in accordance with the requirements of the Contract Documents,including
all appurtenances thereto,and including all costs of permits and cost of compliance with
the regulations of public agencies having jurisdiction, including Safety and Health
Requirements of the Washington Division of Industrial Safety and Health Act (WISHA),
,� and the Occupational Safety and Health Administration of the U.S. Department of Labor
(OSHA). No separate payment will be made for any item that is not specifically set forth
in the Bid Schedule, and all costs therefor shall be included in the prices named in the
j Bid Schedule for the various appurtenant items of work.
� 1.2 BID ITEM N0. 1 -EXTERIOR COATING REPLACEMENT
� A. Measurement for Bid Item No. 1 to coat the exterior of Reservoir 16 is lump sum and
shall be based on percent completion of the work associated with this bid item in the
approved Schedule of Values.
� B. Total payment for the coating of the entire steel exterior of Reservoir 16 will be made at
the price in the Bid Schedule under Bid Item No. 1. Such price shall constitute full
compensation for the Work included in this bid item to prepare and recoat the entire
steel exterior of a 1,000,000 gallon welded steel potable water reservoir. The tank is
� 95 feet in diameter and approximately 20 feet high. The work includes site
mobilization, setting up and operating a waste containment and environmental
� control system, blasting/cleaning the metal substrate to white metal (SSPC-SP 10),
proper disposal of existing coating and spent abrasive blast material, coating the
entire exterior of the reservoir including the lid, sides, ladders, vents, hardware,
hatches and all other exposed exterior steel surfaces,demobilization,site cleanup,and
all other work described in the Contract Documents to provide a completed product.
, 1.3 BID ITEM 2-FORCE ACCOUNT
� A. Measurement of the total cost of all items paid under Bid Item No. 2 for Force Account
shall not exceed the amount given in the Bid Schedule. Measurement will be made for
individual items paid under force account.
� - MEASUREMENT AND PAYMENT
RESERVOIR 16 EXTERIOR COATING REPLACEMENT
MARCH 2O16 01025-1
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B. Bid Item No. 2 - Force Account is a contingency amount that has been established to pay �:
for Owner-directed changes (Article 10 of the Standard General Conditions). All changes
paid under this bid item must be authorized by the Owner in writing prior to the actual �
work. The cost of the extra work may be paid as lump sum or time and materials and
must be determined by the Owner and Contractor beEore the actual work.
PART 2 -PRODUCTS (Not Used) �
PART 3 -EXECUTION (Not Used) �
END OF SECTION �
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RESERVOIR 16-EXTERIOR COATING REPLACEMENT MEASUREMENT AND PAYMENT
MARCH 2O16 01025-2
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� SECTION 01030
SAFETY,HEALTH,AND HAZMAT HANDLING
1�
PART1 -GENERAL
'� 1.1 DESCRIPT[ON
This section specifies safety, health and hazardous materials handling requirements. The
� Contractor shall comply with this Specification and provide all necessary tools, equipment
and personnel to ensure compliance with applicable laws, regulations and ordinances.
� Safety and health responsibilities for all work at the project site are to be borne by the
Contractor.
1.2 GENERAL
�
A. In accordance with the generally accepted construction, applicable law and
regulations,the Contractor shall be solely and exclusively responsible for:
� 1. Construction means and methods.
2. Safety of employees engaged in the work while on and off the site.
�� 3. Safety of the City,the paint manufacturer representative,and others who
may visit or be affected by the work.
L4. Safety of the work itself including material and equipment to be incorporated
therein.
� 5. Safety of other property at the site or adjacent thereto.
6. Safety programs,equipment, and protective devices required to assure the
safety of persons and property for whom/which the Contractor is
� responsible.
� B. The duties of the City in conducting review of the Contractor's performance is not
intended to include review of the adequacy of the Contractor's work methods,
equipment,bracing, scaffolding, rigging,or safety measures in, or near the
construction site.
� C. The Contractor is hereby informed that work on this project could be hazardous.
The Contractor shall carefully instruct all personnel working in potentially
hazardous work areas as to potential dangers and shall provide such necessary
� safety equipment and instructions as required to prevent injury to personnel and
damage to property,and to comply with all applicable laws and regulations including
� WISHA, Federal OSHA,and other regulations referenced in these Contract
Documents.
D. The Contractor shall,at all times, maintain the job in a condition that is safe for the
il. City,and paint manufacturer representative,to make site visits and to conduct
progress review.The Contractor shall provide the City,the paint manufacturer
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RESERVOIR 16-EXTERIOR COATING REPLACEMENT SAFETY, HEALTH,AND HAZMAT HANDLING
.� MARCH 2O16 01030-1
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representative safe access to every part of the Work at all times work is in progress �
for observation, inspecting and testing.The Contractor shall give two (2) days notice
of work being ready for required inspection, test or approval or intent to cover work �
up to the paint manufacturer representative.
E. The Contractor shall prepare a Health and Safety Plan (HASP) meeting the
requirements of applicable regulations. As a minimum,the Contractor's HASP shall �
set forth definite procedures for informing workers about safety, for instructing
workers in safe practices, for assuring that workers are using appropriate safety
equipment and safe work practices,and for reporting accidents. �
1.3 QUALITY ASSURANCE �
A. Reference Standards:
�
Reference Title
29 USC 651 et seq. Federal Occupational Safety and Health Act �
29 CFR 107 Federal Contract Works Hours and Standards �
29 CFR 1910 OSHA General Health and Safety Standards
29 CFR 1926 OSHA Construction Safety and Health Standards �
RCW 49.17 Industrial Safety and Health Act
RCW 70.105 Hazardous Waste Disposal Act �
RCW 70.105D Hazardous Waste Clean-Up: Model Toxic Control Act �
Chapter 296-24 WAC General Safety and Health Standards
Chapter 296-36 WAC Safety Standards - Compressed Air Work �
Chapter 296-62 WAC General Occupational Health Standards �
Chapter 296-155 WAC Safety Standards for Construction Work
Chapter 173-303 WAC Dangerous Waste Regulations �
Chapter 173-340 WAC Model Toxic Control Act
1.4 DEFINITIONS �
A. Hazardous materials: �
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RESERVOIR 16-EXTERIOR COATING REPLACEMENT SAFETY, HEALTH,AND HAZMAT HANDLING
MARCH 2O16 01030-2
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� 1. Any material classified as dangerous waste in accordance with WAC 173-303 or
that in sufficient quantities is classified as dangerous waste.
� 2. Asbestos material,as defined in Puget Sound Clean Air Agency (PSCAA),
Removal and Encapsulation of Asbestos Materials.
3. Polychlorinated biphenyls (PCBs),polycyclic aromatic hydrocarbons (PAHs),
�� explosives,radioactive materials,and others deemed as such by regulatory
agencies having jurisdiction over such matters.
� B. Contaminated materials: Materials containing contaminants—such as hydrocarbons,
PCBs,diesel fuels,gasoline, lead paint,heavy metals, solvents,and other types of fuel
oils—in sufftcient quantities to necessitate special handling and disposal under
�� applicable regulations.
1.5 SPECIAL CONSIDERATIONS
'" A. The Contractor shall be res onsible for im lementing comprehensive safety, health
P P
and hazardous materials handling programs. [n addition to the Contractor's
� regulatory responsibilities for its employees,it shall assume full responsibility for all
matters related to health,safety and hazardous materials (including worker and
community Right-to-Know) of all people on or near the site.
� B. Confined Space. The nature of work will expose workers to confined spacing having
possible conditions which are explosive,toxic and oxygen fluctuating. A Confined
� Space Program that meets the requirements 29 CFR 1910.146 and Part M of Chapter
296-62-141 through 296-62-14529 WAC regulations must be in place
� C. Gases. Contaminant gases that may be encountered at this site include but are not
limited to hydrogen sulfide,methane, carbon monoxide, carbon dioxide,nitrogen,and
gases Erom hydrocarbon products. Provide a written Hazard Communication Program
and Emergency Management Plan addressing these and other potential hazardous
jsubstances on site.
D. Infectious Diseases.Sewers have been determined to carry a wide spectrum of
� disease-producing organisms. At a minimum, provide a written Hazard
Communication Program and Biological/Bloodborne Pathogen Program detailing the
preventive measures to be taken to provide an appropriate work environmental for all
workers.
E. Fall Protection. The work will require working at heights within a reservoir and on
top of the reservoir lid. The safety plan should address concerns associated with
usage of ladders,scaffolds, elevated platforms,trip hazards,and any other issues
associated with working at heights. Fall protection safety shall be in accordance with
WAC 296-874 Eor scaffolds,WAC 296-869 for elevated work platforms,and WAC 296-
�. 800 for open-sided walkways and platforms.
F. Other Construction Site Considerations. Provide a comprehensive written Accident
�, Prevention Program covering the Contractor's activities on site. Address issues
dealing with precautionary measures to be taken when working near or with
dangerous facilities and installations including but not limited to:
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RESERVOIR 16-EXTERIOR COATING REPLACEMENT SAFETY, HEALTH,AND HAZMAT HANDLING
MARCH 2O16 01030-3
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1.6 SAFETY PROGRAM
A. General �,
1. Develop, implement and maintain until Contract Acceptance a Safety Program �
that includes as a minimum the following:
■ Safety and health risk and/or hazard analysis for each site task and �
operation.
■ Safety organizational structure and responsibilities.
• Hazard Communication Program. ,
■ Accident Prevention Program.
■ Confined Space Program. ,,
■ Emergency Management Plan.
■ Respiratory Program. �
■ Medical Surveillance Program.
■ Biological Bloodborne Pathogen Program. �
■ Safety watch (Ground support besides the Safety Officer).
� Lighting/Illumination Plan. �
■ Ventilation Plan.
■ Access and Egress Plan. �
■ Air contaminants including fugitive dusts handling measures.
■ Accident reporting and recordkeeping.
■ Carcinogens and other hazardous materials. ,
■ Site control measures.
■ Hearing Conservation Program. � �
■ Personal protective equipment.
� Employee Informational and Communication Program. �
■ Required trainings and certifications.
■ Integration of subcontractor's activities. �
■ Excavation support. -
■ Equipment and machinery. �
2. Locate copies of the Safety Program on the Contractor's worksite and at each of
the subcontractor's worksites. �
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RESERVOIR 16-EXTERIOR COATING REPLACEMENT SAFETY, HEALTH,AND HAZMAT HANDLING I
MARCH 2O16 01030-4 '
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� 3. Update each copy of the Safety Program within seven (7) days if any changes are
made at the worksite or to the Safety Program.
lI1.7 SUBMITTALS
A. Procedures: See Section 01300.
� B. Contaminant gases that may be encountered at this site include but are not limited to
hydrogen sulfide, methane, carbon monoxide,carbon dioxide, nitrogen,and gases from
hydrocarbon products. Provide a written Hazard Communication Program and
� Emergency Management Plan addressing these and other potential hazardous
substances on site.
� C. Test reports of all waste characterizations, if applicable.
D. Material safety data sheets (MSDS) per WAC 296-62-05413 for all hazardous chemicals
used or stored on-site.
�.
PART 2 - PRODUCTS (Not Used)
:�.
PART 3 - EXECUTION
i3.1 RESPONSIBILITY FOR EXECUTION
A. The Contractor shall have full responsibility for execution of safety, health and
� hazardous materials handling programs.
''� END OF SECTION
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RESERVOIR 16-EXTERIOR COATING REPLACEMENT SAFETY, HEALTH,AND HAZMAT HANDLING
MARCH 2O16 01030-5
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� SECTION 01300
CONTRACTOR SUBMITTALS
� .
PART 1 - GENERAL
� 1.1 GENERAL
� A. Subtnittals covered by these requirements include:
1. Shop Drawings/Plans
2. Product Data
, 3. Samples �
4. Reports
S. Materials Submittals
�, 6. Administrative Submittals
7. Schedules
�j B. Unless noted otherwise, submittals shall be submitted at the pre-construction
conference/meeting and then electronically via e-mail after the Notice to Proceed is
issued.
�
1.2 SUBMITTAL TRANSMITTAL PROCEDURE
� A. Unless noted otherwise, the Contractor shall submit the specified information to the
designated City representative via e-mail in Adobe PDF format.
�� B. A transmittal cover sheet shall accompany each submittal. This cover sheet is
included in the Appendix titled 'Construction Forms.' The City can provide an
electronic version of this cover sheet upon request.
'� C. A separate form shall be used for each specific item, class of material, equipment, and
items specified in separate,discrete sections, for which the submittal is required. The
� form shall be signed by the Contractor's review or authorized representative.
Submittal documents common to more than one piece of equipment shall be identified
with all the appropriate equipment numbers. Submittals for various items shall be
made with a single form when the items taken together constitute a manufacturer's
package or are so functionally related that expediency indicates checking or review of
the group or package as a whole.
�, D. A uniyue number, sequentially assigned, shall be noted on the transmittal form
accompanying each item submitted. Original submittal numbers shall have the
following format: "XXX"; where "XXX" is the seyuential number assigned by the
.� Contractor. Resubmittals shall have the following format: "XXX-Y"; where "XXX" is the
originally assigned submittal number and "Y" is a sequential letter assigned for
resubmittals, i.e., A, B, or C being the 1st, 2nd, and 3rd resubmittals, respectively.
�, Submittal 025-B,for example,is the second resubmittal of submittal 025.
� RESERVOIR 16-EXTERIOR COATING REPLACEMENT CONTRACTOR SUBMITTALS
MARCH 2O16 01300-1
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E. Submittals which are incomplete and/or do not have all the information required to
be submitted, including but not limited to a signed and dated submittal transmittal
form, and copy of marked-up specifications and/or drawings when specified , are not j
acceptable and will be returned without review. All submittal information provided
by subcontractors shall be transmitted through the Contractor and shall bear the
Contractor's signature. �
1.3 SUBMITTAL REVIEW PROCESS
A. For most submittals, the OWNER will return prints of each submittal to the �
CONTRACTOR with its comments noted thereon, within 14 calendar days following
receipt by the OWNER. It is considered reasonable that the CONTRACTOR shall make a �
complete and acceptable submittal to the OWNER by the second submission of a
submittal item. The OWNER reserves the right to withhold monies due to the
CONTRACTOR to cover additional costs of the OWNER's review beyond the second �
submittal.
B. If a submittal is returned to the CONTRACTOR marked "NO EXCEPTIONS TAKEN,"
formal revision and resubmission of said submittal will not be required. �
C. If a submittal is returned marked "MAKE CORRECT[ONS NOTED," COIVTRACTOR shall �
make the corrections on the submittal, but formal revision and resubmission of said
submittal will not be required.
D. If a submittal is returned marked "AMEND-RESUBMIT," the CONTRACTOR shall revise �
said submittal and shall resubmit the required number of copies of said revised
submittal to the OWNER for review. �
E. If a submittal is returned marked "REJECTED-RESUBMIT," it shall mean that the
submitted materia( or product does not satisfy the specification. The CONTRACTOR
shall prepare a new submittal and shall resubmit the required number of copies of said � '
revised submittal to the OWNER for review.
F. Fabrication of an item shall be commenced only after the OWNER has reviewed the �
pertinent submittals and returned copies to the CONTRACTOR marked either "NO
EXCEPTIONS TAKEN" or MAKE CORRECTIONS NOTED." Corrections indicated on
submittals shall be considered as changes necessary to meet the requirements of the �
Contract Documents and shall not be taken as changes to the contract requirements.
G. All submittals shall be carefully reviewed by an authorized representative of the �
CONTRACTOR, prior to submission to the OWNER. Each submittal shall be dated,
signed, and certified by the CONTRACTOR, as being correct and in strict conformance
with the Contract Documents. In the case of Shop Drawings, each sheet shall be so �
dated,signed,and certified. The OWNER will only review submittals which have been so
certified by the CONTRACTOR. All non-certified submittals will be returned to the
CONTRACTOR without action taken by the OWNER,and any delays caused thereby shall �
be the total responsibility of the CONTRACTOR.
RESERVOIR 16-EXTERIOR COATING REPLACEMENT CONTRACTOR SUBMITTALS �
MARCH 2O16 01300-2
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H. The OWNER s review of submittals shall not relieve the CONTRACTOR of the entire
responsibility for the correctness of details and dimensions. The CONTRACTOR shall
assume all responsibility and risk for any misfits due to any errors in submittals. The
CONTRACTOR shall be responsible for the dimensions and the design of adequate
connections and details.
�
1.4 PRE-CONSTRUCTION CONFERENCE SUBM[TTALS
� A. At the Pre-construction Conference, the CONTRACTOR shall submit the following
items to the OWNER for review in addition to the items to be submitted as noted in
� Paragraph 1.1 above. After the Pre-construction Conference,the OWNER shall review
the items submitted at the conference and may request further information for any of
those items which are determined to be incomplete or insufficient. [f such a request is
� made, the CONTRACTOR shall be required to submit additional information as
requested within three (3)calendar days after receipt of such request.
B. Submit three (3) printed copies of each item in this section. Submit one (1) electronic
�� copy on a CD-ROM disk in MS Word, MS Excel, or MS Project format where
appropriate for items 1 - 5.
� 1. Contractor's and Subcontractor's Contact Information: Names and 24-hour
contact telephone numbers of contractor's and each subcontractor's key ,
:� personnel.
2. Contractor's Labor Classifications and Rates: Classification of all workers to
be employed by the Contractor and its subcontractors in the work, excluding
� the Contractor's Superintendent and General Foremen (if any), and; straight-
time and overtime Weighted Wage Rates for each submitted labor
classiFication. Update and resubmit the entire labor classification file
whenever worker classifications are changed,added or deleted:
� 3. Contractor's Equipment Classifications and Rates: Make and model of each
item oF equipment and small tools to be employed by the Contractor and its
� subcontractors in the work, and; working and standby (idle) hourly rates for
each submitted item of equipment. Equipment Rental Rate Agreement
referenced therein. Update and resubmit this entire equipment classification
file whenever equipment or small tools classifications are changed, added or
deleted.
4. Contractor's Overall CPM Progress Schedule
�j 5. Detailed Schedule of Values
6. List of all Subcontractors,including:
,� ■ Percentage value of work assigned.
■ Principal contact(s).
� ■ Address.
� RESERVOIR 16-EXTERIOR COATING REPLACEMENT CONTRACTOR SUBMITTALS
MARCH 2O16 01300-3
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■ Telephone and fax numbers. '�
7. List of all requested exceptions to the Contract Documents.
8. Retainage account information (if applicable) �
9. Intent to Pay Prevailing Wage Rates for prime contractor and subcontractors.
10. All reyuired permits,as applicable. �
11. Spill Prevention Control Plan
1.5 SHOP DRAWINGS (TECHNICAL SUBMITTALS) �
A. Wherever called for in the Contract Documents, or when requested by the OWNER, the �
CONTRACTOR shall furnish Shop Drawing submittals to the Owner. The term "Shop
Drawings" as used herein shall be understood to include detail design calculations,
shop-prepared drawings, fabrication, and installation drawings, process drawings, �
descriptions of work, erection drawings, lists, graphs, catalog sheets, data sheets, and
similar items. Whenever the CONTRACTOR is required to submit design calculations as
part of a submittal, such calculations shall bear the signature and seal of an engineer �
registered in the appropriate branch and in the state wherein the project is to be built,
unless otherwise indicated.
B. Shop Drawing submittals shall be accompanied by the OWNER's standard submittal �
transmittal form, a reproducible copy of which is available from the OWNER. Any
submittal not accompanied by such a form,or where all applicable items on the form are �
not completed,will be returned for resubmittal.
C. A single submittal transmittal form shall be used for each technical specification section
or item or class of material or equipment for which a submittal is required. A single �
submittal covering multiple sections will not be acceptable, unless the primary
specification references other sections for components. Transmittal of a submittal of
various items using a single transmittal form will be permitted only when the items �
taken together constitute a manufacturer's "package" or are so functionally related that
expediency indicates review of the group or package as a whole. A multiple-page
submittal shall be collated into sets, and each set shall be stapled or bound, as �
appropriate,prior to transmiltal to the OWNER.
D. The following items are also considered Shop Drawings and may be requested to be �
submitted to the Owner:
■ Construction photographs. �
■ Daily records and inspection logs,including list of active equipment and employees on
the site,including hourly utilization.
■ Equipment data logs �
■ Equipment maintenance records and invoices �
RESERVOIR 16-EXTERIOR COATING REPLACEMENT CONTRACTOR SUBMITTALS � ,
MARCH 2O16 01300�
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E ■ Work plans for different activities on the project (narrative description of proposed
method for performing work, including eyuipment, materials and labor to be used,
� along with activity dates and milestones)
■ Survey notes and data
�
1.6 ADMINISTRATIVE SUBMITTALS
� A. Submittals that are not Shop Drawings or Samples, or that do not reflect quality of
product or method of construction may include,but not be limited to:
� ■ Applications for payment.
� ■ Progress reports.
■ Progress schedules.
� ■ Schedule of values.
■ Schedule of estimated progress payments.
■ Training materials
� ■ Training schedules
■ Certified payroll (submitted throughout project). All certified payrolls must be
� submitted prior to release of retainage or retainage bond.
■ Submittals required by laws, regulations,and governing agencies. .
� . .
1.7 QUALITY CONTROL SUBMITTALS
� A. Quality Control submittals may include,but not be limited to the following.
■ Manufacturer's instructions.
� ■ Certificates/Certifications:
� o Manufacturers.
o Inspection.
o Governing Agency's.
` ■ Manufacturer's field service reports.
■ Manufacturer's test reports.
� ■ Operation and maintenance data. .
■ Operation and maintenance manuals.
� ■ Quality control plan.
� RESERVOIR 16-EXTERIOR COATING REPLACEMENT CONTRACTOR SUBMITTALS
MARCH 2O16 01300-5
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■ Reports (inspection and test). � �
■ Statements of qualifications.
■ Test specimens. �
■ Equipment and material invoices,including invoices for repair.
■ Employee time sheets �
■ Contractor field notes and photographs
■ Data logs and reports �
1.8 SAMPLES � �
A. Whenever in the Specifications samples are required, the CONTRACTOR shall submit
not less than 3 samples of each item or material to the OWNER for acceptance.
B. Unless otherwise indicated, samples, shall be submitted a minimum of 21 da s rior to �
Y P
ordering such material. .
C. Samples shall be individually and indelibly labeled or tagged, indicating thereon all �
specified physical characteristics and Manufacturer's name. Upon receiving acceptance
of the OWNER, one set of the samples will be stamped and dated by the OWNER and �
returned to the CONTRACTOR, and one set of samples will be retained by the OWNER,
and one set of samples shall remain at the Site until completion of the WORK.
D. Unless indicated otherwise, all colors and textures of items presented in sample �
submittals shall be from the manufacturer's standard colors and standard materials,
products, or equipment lines. If the samples represent non-standard colors, materials, �
products, or equipment lines and their selection will require an increase in Contract
Times or Price, the CONTRACTOR shall clearly indicate same on the transmittal page of
the submittal.
� �.
1.9 REQUESTS FOR SUBSTITUTION �
A. Requests for substitution shall be submitted with a transmittal cover sheet. Requests
for substitution shall be prepared and reviewed in accordance with Section 01600 1.7. �
PART 2 -PRODUCTS [Not Used)
. �
PART 3 -EXECUTION (Not Used)
�
EIVD OF SECTION
�
RESERVOIR 16-EXTERIOR COATING REPLACEMENT CONTRACTOR SUBMITTALS �
MARCH 2O16
01300-6
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tSECTION 01311
� CONTRACTOR SCHEDULE
, PART1 - GENERAL
1.1 GENERAL
� A. Scheduling of the WORK shall be performed by the CONTRACTOR in accordance with
the requirements of this Section.
� B. Development of the schedule, the cost loading of the schedule, monthly payment
requisitions and project status reporting requirements of the Contract shall employ
computerized Critical Path Method (CPM] scheduling. The CPM schedule and all reports
� should be prepared with Microsoft Project or similar software. Hand-written schedules
will not be accepted. Where submittals are required hereunder, the CONTRACTOR shall
submit three copies of each submittal item.
� C. The schedule shall include 5 days of delay in the schedule for severe weather conditions
� 1.2 DETAILED CPM AND PROGRESS SCHEDULE
A. The Contractor shall submit a detailed overall project schedule at the Pre-Construction
� Meeting. The schedule shall show the completion of the entire project from Notice to
Proceed through Substantial Completion. The schedule shall be based upon the Critical
Path Method (CPM) and show activities, start dates, end dates, duration, critical
� milestones,and E]oat.
B. The Owner will review this schedule and return it to the Contractor within 5-days. The
Contractor shall resubmit the revised schedule within 15 days of the Notice to Proceed
date.
C. An updated progress schedule shall be submitted with each monthly payment request.
� Payment will be withheld until the updated schedule is submitted.
D. Float Ownership; Neither the OWNER nor the CONTRACTOR owns the float time. The
' project owns the float time. As such, liability for delay of the project completion date
rests with the party actually causing delay to the project completion date. For example,
if Party A uses some, but not all of the float time and Party B later uses the remainder of
� the float time as well as additional time beyond the Float time, Party B shall be liable for
the costs associated with the time that represents a delay to the project's completion
date. Party A would not be responsible Eor any costs since it did not consume all of the
' float time and additional float time remained, therefore, the project's completion date
was unaffected.
1.3 THREE-WEEK LOOK AHEAD SCHEDULE
� A. The CONTRACTOR shall furnish a 3-week look ahead schedule at each weekly
construction meeting. The 3-week look ahead schedule shall indicate the work
� .
RESERVOIR 16-EXTERIOR COATING REPLACEMENT CONTRACTOR SCHEDULE
tMARCH 2O16 01311-1
�
accomplished during the previous week, and work to be accomplished in the next two �
weeks. When a weekly construction meeting is cancelled, the schedule shall be
submitted directly to the Owner via e-mail. '
PART 2 - PRODUCTS (Not Used)
� PART 3 - EXECUTION (Not Used) '
END OF SECTION �
�
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RESERVOIR 16-EXTERIOR COATING REPLACEMENT CONTRACTOR SCHEDULE
MARCH 2O16 01311-2 '
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� SECTION 01500
� TEMPORARY SITE UTILITIES AND CONTROLS
PART 1- GENERAL
' 1.1 TEMPORARY UTILIT[ES
� A. Sanitary Facilities: Contractor to provide and maintain self-contained portable
sanitary facilities for the Contractor's, subcontractor's, Engineer, and City use. The
facilities shall comply with applicable regulations and shall be serviced, cleaned, and
, disinfected weekly.
B. Temporary Electrical: Minimal electrical service (20 amp, 120V) will be available on-
� site for Contractor's use. All other power shall be provided by the Contractor.
C. Temporary Water: City-provided water at low pressure is available at the site from a
� fire hydrant. A hydrant meter must be installed and can be obtained at the
Department of Community Development. A reEundable $2000 deposit is required,
which will be returned if the meter is undamaged at the completion of the project.
� Coordinate with the City staff.
� 1.2 TEMPORARY CONSTRUCTION AND SUPPORT SYSTEMS
A. The Contractor is solely and exclusively responsible for the design, construction, and
maintenance of all temporary construction including forms, false work, shoring,
� rigging, scaffolding, stairs, ladders, and all other similar items, including ensuring that
such mentioned items are designed and stamped by appropriate design professionals
in accordance with applicable regulations and codes.
rB. Construct adequate and safe forms and false work, to rigidly support partially
complete structures. Provide temporary bridges and decking to maintain vehicular
' and pedestrian access. Design and construct temporary forms,false work,bridges,and
decking in accordance with applicable regulations and codes.
� C. The Contractor shall provide temporary guard rails, ladders, stairs, guards, plastic
sheeting, and barricades to protect persons in accordance with applicable regulations
within and around the work.
r �
1 1.3 PROTECTION OF INSTALLED WORK
A. Provide temporary and removable protection for installed products. Control activity in
� immediate work area to minimize damage.
B. Provide heavy planking to protect valve boxes, vaults, curbs, gutters, paving, and
similar surfaces from damage by heavy equipment or vehicles.
� RESERVOIR 16-EXTERIOR COATING REPLACEMENT TEMPORARY SITE UTILITIES AND CONTROLS
MARCH 2O16 01500-1
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1.4 SITE SECURITY �
A. The reservoir is located on a fenced site. Materials and equipment left exposed at the
site overnight and during off-hours are at risk for theft and the Contractor is solely
responsible for securing equipment and materials against theft and vandalism. t
B. The Contractor is responsible for security to protect the Work, on-site stored materials,
existing facilities,and City's operations from unauthorized entry,vandalism, or theft. �
C. The site gate shall be locked at the end of each work day. The Contractor shall provide a
temporary padlock and use the "daisy-chain" method for locking the gate. Alternatively, �
the Contractor may obtain a City-issued key for the existing gate padlock.
D. The Contractor shall confine the use of the site for work and storage to within the �
fenced limits.
E. The Contractor shall be responsible for maintaining a safe working environment for the �
City,and Contractor's personnel in all areas affected by the Contractor's work.
1.5 TEMPORARY SITE CONTROLS: �
A. PETS AND RODENT CONTROL: Avoid creating conditions conducive to pests and ,
rodents. Comply with regulations governing the use of chemicals to control pests and �
rodents.
B. WASTE DISPOSAL AND RUBBISH CONTROL: The Contractor shall keep the work site �
clean and free from rubbish and debris. Materials and equipment shall be removed
from the site when they are no longer necessary. Upon completion of coating, the
Contractor shall remove any surplus material protective coverings, and accumulated �
rubbish, and thoroughly clean surfaces and repair overspray or other coating-related
damage. The Contractor shall be responsible for disposal of all waste materials and for
obtaining any required permits or approvals. All expenses for disposal shall be solely '
borne by the Contractor. The Contractor shall provide temporary sanitary facilities and
trash disposal at the site. These facilities shall be maintained regularly in compliance
with applicable laws. �
C. NOISE CONTROL: The project site is located in the midst of an area with trees. The
nearest residence is approximately 400 feet away. The work is subject to the �
requirement of Bremerton Municipal Code 6.32. There are no noise limits from 7:00
a.m. to 10:00 p.m. From 10 p.m. to 7 a.m., the decibel limit is 60 dB(A) to the nearest
adjacent property. Provide sound-attenuating enclosures for equipment as needed to �
meet the limits.
D. SPILL CONTROL: Measures including containment booms, oil absorbent pads, and spill
control kits shall be used to contain debris and materials within work areas. Spill r
control kits shall be available on-site at all times. The Contractor shall prepare a Spill
Prevention Countermeasures and Control (SPCC) Plan to be used for the duration of the
RESERVOIR 16-EXTERIOR COATING REPLACEMENT TEMPORARY SITE UTILITIES AND CONTROLS �
MARCH 2O16 01500-2
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' project. The Plan shall be submitted to the Construction Manager prior to the
commencement of any construction activities. A copy of the Plan with any updates shall
, be maintained at the work site by the Contractor.
1.6 TRAFFIC REGULATIONS-applicable to the specific site location
� A. Conduct operations so as to offer least possible obstructions and inconvenience to the
public in general. Do not overload or damage paved improved or gravel maintained
roadway surfaces,sidewalks, curbs,or gutters.
, B. Provide temporary barricades, lights, Flag persons, and other means to safely control
pedestrians and vehicular traffic entering and leaving the project site and on the
' project site.
C. Develop and follow a traffic control plan in accordance with the Manual on Uniform
� Traffic Control Devices (MUTCD).
� 1.7 PROTECTION OF EXISTING FACIL[T[ES
A. The Contractor shall protect and maintain all underground or aboveground utilities and
' structures affected by the work and all lawns, shrubs, trees, fences, rockeries,
mailboxes, monuments, signs, etc., and parking strips or private property crossed by or
adjacent to his operation. Any damage shall be repaired and restored by the Contractor
� to the satisfaction of the City.
B. The Contractor will be responsible for all damage to roads, highways, ditches,
, bulkheads, walls, bridges, culverts, utilities, barricades, lights or other property, caused
by the work, whether such damage be at the site of the work or caused by transporting
of hauling to or from the work. The Contractor shall repair or replace, or arrange for the
repair or replacement of all such damage to the satisfaction of the City. Any material
' damaged by the Contractor's operations shall be replaced with new material at no
additional cost to the City.
� C. Whenever construction work under this Contract is undertaken on easement, right-of-
way, or franchise,all work shall be confined to the limits of each easement, right-of-way,
or franchise, and accomplished so as to cause the least amount of disturbance and a
, minimum amount of damage. The Contractor is responsible to restore the disturbed
area(s) to its original condition and satisfaction of the City.
'
PART 2 -PRODUCTS- Not Used.
'
PART 3 - EXECUTION- Not Used.
�
� � END OF SECTION
RESERVOIR 16-EXTERIOR COATING REPLACEMENT TEMPORARY SITE UTILITIES AND CONTROLS
MARCH 2O16 01500-3
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' SECTION 01600
1 PRODUCTS,MATERIALS,AND EQUIPMENT
' PART1 -GENERAL
1.1 DEFINITIONS
1 A. The word "Products," as used in the Contract Documents, is defined to include purchased
items for incorporation into the WORK, regardless of whether specifically purchased for
the project or taken from CONTRACTOR's stock of previously purchased products. The
� word "Materials," is defined as products which must be substantially cut,shaped,worked,
mixed, finished, refined, or otherwise fabricated, processed, installed, or applied to form
WORK. The word "Equipment" is defined as products with operational parts, regardless
, of whether motorized or manually operated, and particularly including products with
service connections (wiring, piping, and other like items). Definitions in this paragraph
are not intended to negate the meaning of other terms used in the Contract Documents,
' including "specialties," "systems," "structure," "finishes," "accessories," "furnishings,"
special construction," and similar terms, which are self-explanatory and have recognized
meanings in the construction industry.
' B. Neither "Products" nor "Materials" nor "Equipment" includes machinery and equipment
used for preparation,fabrication,conveying,and erection of the WORK.
' 1.2 QUAI.ITY ASSURANCE
' A. Source Limitations: To the greatest extent possible for each unit of WORK, the
CONTRACTOR shall provide products,materials,and equipment of a singular generic kind
from a single source.
' B. Compatibility of Options: Where more than one choice is available as options for
CONTRACTOR's selection of a product, material, or equipment, the CONTRACTOR shall
select an option which is compatible with other products, materials, or equipment.
' Compatibility is a basic general requirement of product, material and equipment
selections.
' C. All equipment and products supplied for this project shall be new and not previously
used. Refurbished equipment and products will be rejected. As requested by the City, the
Contractor shall provide acceptable documentation from the supplier or manufacturer
, indicating that equipment or products are new,not previously used,and not refurbished.
1.3 PRODUCT DELIVERY AND STORAGE
, A. The CONTRACTOR shall deliver and store the WORK in accordance with manufacturer's
written recommendations and by methods and means which will prevent damage,
, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize
long-term storage of products at the Site and overcrowding of construction spaces. In
particular, the CONTRACTOR shall ensure coordination to ensure minimum holding or
r
RESERVOIR 16-EXTERIOR COATING REPLACEMENT PRODUCTS,MATERIALS,AND EQUIPMENT
' MARCH 2O16 01600-1
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storage times for flammable, hazardous, easily damaged, or sensitive materials to '
deterioration,theft,and other sources oE loss.
1.4 TRANSPORTATION AND HANDL[NG '
A. Products shall be transported by methods to avoid damage and shall be delivered in '
undamaged condition in manufacturer's unopened containers and packaging.
B. The CONTRACTOR shall provide equipment and personnel to handle products, materials,
and equipment including those furnished by OWNER, by methods to prevent soiling and '
damage.
C. The CONTRACTOR shall provide additional protection during handling to prevent �
marring and otherwise damaging products,packaging,and surrounding surfaces.
1.5 STORAGE AND PROTECTION 1
A. Products shall be stored in accordance with manufacturer's written instructions and with
seals and labels intact and legible. Sensitive products shall be stored in weather-tight �
climate controlled enclosures and temperature and humidity ranges shall be maintained
within tolerances required by manufacturer's recommendations.
B. For exterior storage of fabricated products, products shall be placed on sloped supports a
above ground. Products subject to deterioration shall be covered with impervious sheet
covering and ventilation shall be provided to avoid condensation. �
C. Loose granular materials shall be stored on solid flat surfaces in a well-drained area and
shall be prevented from mixing with foreign matter. �
D. Storage shall be arranged to provide access for inspection. The CONTRACTOR shall
periodically inspect to assure products are undamaged and are maintained under '
required conditions.
E. Storage shall be arranged in a manner to provide access for maintenance of stored items
and for inspection. '
1.6 MAINTENANCE OF PRODUCTS IN STORAGE
A. Stored products shall be periodically inspected on a scheduled basis. The CONTRACTOR '
shall maintain a log of inspections and shall make the log available on request.
B. The CONTRACTOR shall comply with manufacturer's product storage requirements and '
recommendations.
C. The CONTRACTOR shall maintain manufacturer-required environmental conditions '
continuously.
D. The CONTRACTOR shall ensure that surfaces of products exposed to the elements are not '
adversely affected and that weathering of finishes does not occur.
�
RESERVOIR 16-EXTERIOR COATING REPLACEMENT PRODUCTS,MATERIALS,AND EQUIPMENT
MARCH 2O16 01600-2
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E. For mechanical and electrical equipment, the CONTRACTOR shall provide a copy of the
' manufacturer's service instructions with each item and the exterior of the package shall
contain notice that instructions are included.
� F. Products shall be serviced on a regularly scheduled basis, and a log of services shall be
maintained and submitted as a record document prior to final acceptance by the OWNER
in accordance with the Contract Documents.
' 1.7 PROPOSED SUBSTITUTIONS OR"OR-EQUAL" ITEM
A. Whenever materials or equipment are indicated in the Contract Documents by using the
' name of a proprietary item or the name of a particular manufacturer, the naming of the
item is intended to establish the type, function, and quality required. When the name is
followed by the words "or equal", materials or equipment of other manufacturers may be
' substituted for the named products. When the Contractor wants to use substitute
products, they shall submit sufficient information to allow the OWNER/ENGINEER to
determine that the material or equipment proposed is equivalent or equal to that named,
' subject to the following requirements:
1. The burden of proof as to the type, function, and quality of any such substitution
product,material or equipment shall be upon the CONTRACTOR.
' 2. The OWNER/ENGINEER will be the sole judge as to the type,function,and quality
of any such substitution. Whether the product is an acceptable substitute is at the
, sole discretion of the OWNER/ENGINEER and the decision, once-made, shall be
final.
3. The OWNER/ENGINEER may require the CONTRACTOR to furnish additional data
' about the proposed substitution.
4. The OWNER may require the CONTRACTOR to furnish a special performance
guarantee or other surety with respect to any substitution.
' S. Acceptance by the OWNER/ENGINEER of a substitution item proposed by the
CONTRACTOR shall not relieve the CONTRACTOR of the responsibility for full
' compliance with the Contract Documents and for adequacy of the substitution.
6. The CONTRACTOR shall pay all costs of implementing accepted substitutions,
including redesign and changes to WORK necessary to accommodate the
' substitution.
B. The procedure for review by the OWNER/ENGINEER will include the following:
, 1. If the CONTRACTOR wishes to provide a substitution item, the CONTRACTOR
shall indicate on the Submittal Transmittal cover sheet that the item is a
' substitution by writing, "PROPOSED OR-EQUAL [TEM" or"SUBSTITUTION ITEM" �
in the provided blanks.
2. The CONTRACTOR shall include a copy of the relevant specification section with
' the submittal. The section shall be marked up to explain where the substituted
product differs from the named product.
�
RESERVOIR 16-EXTERIOR COATING REPLACEMENT PRODUCTS,MATERIALS, EQUIPMENT 8 SUBSTITUTIONS
1 MARCH 2O16 01600-3
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C. The CONTRACTOR's submittal shall address the following factors which will be '
considered by the OWNER/ENGINEER in evaluating the proposed substitution:
1. Whether the evaluation and acceptance of the proposed substitution will ,
prejudice the CONTRACTOR's achievement of Substantial Completion on time.
2. Whether acceptance of the substitution for use in the WORK will require a change
in any of the Contract Documents to adapt the design to the proposed substitution. �
3. Whether incorporation or use of the substitution in connection with the WORK is
subject to payment of any license fee or royalty. ,
4. Whether all variations of the proposed substitution from the items originally
specified are identified.
� 5. Whether available maintenance, repair, and replacement service are indicated. '
The manufacturer shall have a local service agency (within 50 miles of the site)
which maintains properly trained personnel and adequate spare parts and is able '
to respond and complete repairs within 24 hours.
6. Whether an itemized estimate is included of all costs that will result directly or
indirectly from acceptance of such substitution, including cost of redesign and �
claims of other contractors affected by the resulting change.
7. Whether the proposed substitute item meets or exceeds the experience and/or
equivalency reyuirements listed in the appropriate technical specifications. �
D. Without any increase in cost to the OWNER, the CONTRACTOR shall be responsible for �
and pay all costs in connection with proposed substitutions and of inspections and testing
of equipment or materials submitted for review prior to the CONTRACTOR's purchase
thereof for incorporation in the WORK, whether or not the OWNER/ENGINEER accepts a
the proposed substitution or proposed equipment or material. The CONTRACTOR shall
reimburse the OWNER for the charges of the OWNER/ENGINEER for evaluating each
proposed substitution. '
PART 2 - PRODUCTS (Not Used) '
PART 3 -EXECUTION (Not Used) '
END OF SECTION '
'
'
�
RESERVOIR 16-EXTERIOR COATING REPLACEMENT PRODUCTS,MATERIALS,EQUIPMENT&SUBSTITUTIONS
MARCH 2O16 01600�
'
�
� SECTION 09960
' STEEL RESERVOIR COATING SYSTEM
� PART 1-GENERAL
1.1 SCOPE
1 The Work includes removing the existing exterior coating, surface preparation,and
installing a new exterior coating for the City of Bremerton Reservoir 16,located at 260
Sugar Pine Drive, Bremerton,WA 98310. The welded-steel 1 million gallon reservoir was
� constructed in 1976. It is 95-feet in diameter and approximately 20 feet in height. The
reservoir is located behind a secu,red-chain-link fence and surrounded by trees.The
closest home is approximately 400 feet away. An aerial view of the reservoir site can be
� found via at the following URL: https://�oo.�maps/rvZwpXYxe7E2. An exterior coating
assessment report was prepared by Northwest Corrosion Engineering in December 2014
and is included in Appendix B.
' Reservoir 16 will be drained prior to the work. The reservoir will remain empty and off-
line during the entirety of the work. The City is solely responsible for operating valves
' and draining the reservoir. Low pressure water will be available at the site via a hydrant
(reference paragraph 01500 1.1 C.)
� Specifically,the project work includes:
• Setting up and maintaining a containment and ventilation system around the
, exterior of the reservoir for controlling the environment,containing debris and
waste material,and for providing adequate ventilation for workers within the
contained area.
, • Abrasive blasting to remove the existing exterior coating and prepare the surface
in accordance with SSPC-SP 10.
, • Application of new coating system to all exterior steel surfaces of the reservoir,
including roof,sides (shell),piping,ladders, rails, hatches,vents,and any other
exposed steel surfaces on the reservoir exterior. Do NOT coat the concrete base
� slab,exterior cabinets adjacent to the reservoir,screens,and hardware.
• Curing and holiday testing of all coated surfaces to ensure proper application.
� LEAD BASED PAINT NOT FOUND: Testing for lead based paint in December 2014 was
performed at two locations on the exterior reservoir surface using field lead check swabs.
' Both tests were negative for the presence of lead.
�
, RESERVOIR 16-EXTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM
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1. ,
2 DEFINITIONS
Specific coating terminology used in this Section is in accordance with definitions '
contained in ASTM D16,ASTM D3960,and the following definitions:
A. Abrasive: Material used for blast cleaning,such as sand,grit or shot. '
B. Abrasive Blast Cleaning: Cleaning/surface preparation by abrasive propelled at high
speed.
C. Anchor Pattern: Profile or texture of prepared surface(s). ,
D. ANSI:American National Standards Institute.
E. Bug Holes: Small cavities, usually not exceeding 15 mm in diameter, resulting from
entrapment of air bubbles in the surface of formed concrete during placement and �
compaction.
F. Coating/Paint/Lining Thickness: The total thickness of primer, intermediate and/or
finish coats. �
G. Coating System Applicator (CSA): A generic reference to the contractor or
subcontractor installing the coating systems specified in this Section.
H. Coating System Manufacturer(CSM): Refers to the acceptable coating system �
manufacturer,abbreviated as the CSM. Also referred to as Manufacturer.
I. Coating System Manufacturer's Technical Representative(s) (CTR): Refers to the
technical representative(s) of the acceptable Coating System Manufacturer and is �
abbreviated as CTR.
J. Dew point: Temperature of a given air/water vapor mixture at which condensation
starts. �
K. Dry Film Thickness (DFT): Depth of cured film, usually expressed in mils (0.001 inch).
L. Drying Time; Time interval between application and curing of material.
M. Dry to Recoat: Time interval between application of material and ability to receive
• next coat. �
N. Dry to Touch: Time interval between application of material and ability to touch
lightly without damage.
0. Feather Edging: Reducing the thickness of the edge of paint. '
P. Feathering: Operation of tapering off the edge of a point with a comparatively dry
brush.
Q. Field Coat: The application or the completion of application of the coating system after '
installation of the surface at the site of the work.
R. Hold Point: A defined point,specified in this Section,at which work shall be halted for
inspection. Work shall not proceed past the Hold Point until accepted by the Owner �
and the OC1.
S. Holiday: A discontinuity, skip,or void in coating or coating system film that exposes
the substrate. �
T. Honeycomb: Segregated condition of hardened concrete due to non-consolidation.
U. ICRI: International Concrete Repair[nstitute.
V. Incompatibility: Inability of a coating to perform well over another coating because of '
bleeding, poor bonding, or lifting of old coating; inability of a coating to perform well
on a substrate.
W. Laitance: A layer of weak, non-durable concrete containing cement fines that is '
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� brought to the surface through bleed water because of concrete finishing and/or over-
finishing.
' X. Mil: 0.001 inch.
Y. NACE: National Association of Corrosion Engineers.
Z. Overspray: Dry spray,particularly such paint that failed to strike the intended surface.
AA. Owner's Coating Inspector(OCI): A NACE Level 3 Certified Coating Inspector to be
� contracted by the Owner to inspect the coating application at Hold Points and other
times as requested by the Owner.
BB. Pinhole: A small diameter discontinuity in a coating or coating system film that is
� typically created by outgassing of air from a void in a concrete substrate resulting in
exposure of the substrate or a void between coats. Also see Holiday.
CC. Pot Life: Time interval after mixing of components during which the coating can be
� satisfactorily applied.
DD. Resurfacer/Resurfacing Material: A layer of cementitious and/or resin- based material
used to fill or otherwise restore surface continuity to worn or damaged surfaces.
� EE. Shelf Life: Maximum storage time for which a material may be stored without losing
its usefulness.
FF. Shop Coat: One or more coats applied in a shop or plant prior to shipment to the site
' of the work,where the field or finishing coat is applied.
GG. Spreading Rate: Area covered by a unit volume of paint at a specific thickness.
HH. SSPC: The Society for Protective Coatings.
' 11. Stripe Coat: A separate coat oE paint applied to all weld seems, pits,
nuts/bolts/washers and edges by brush.This coat shall not be applied until any
previous coat(s) have cured and, once applied,shall be allowed to cure prior to the
� application of the subseyuent coat(s).
�J. Surface Saturated Dry(SSD): Refers to concrete surface condition where the surface is
saturated (damp) without the presence of standing water.
KK. Tie Coat: An intermediate coat used to bond different types of paint coats. Coatings
' used to improve the adhesion of a succeeding coat.
LL. Touch-Up Painting: The application of paint on areas of painted surfaces to repair
marks, scratches,and areas where the coating has deteriorated to restore the coating
' film to an unbroken condition.
MM.TPC: Technical Practice Committee.
NN. Volatile Organic Compound (VOC) Content: The portion of the coating that is a
' compound of carbon,is photochemically reactive,and evaporates during drying or
curing, expressed in grams per liter (g/1) or pounds per gallon (lb/gal).
00. Immersion: Refers to a service condition in which the substrate is below the waterline
� or submerged in water or wastewater at least intermittently if not constantly.
PP. Weld Splatter: Beads of inetal scattered near seam during welding.
QQ. Wet Film Thickness (WFT): The primer or coating film's thickness immediately
' following application. Wet film thickness is measured in mils or thousandths of an
inch (0.001 inch) and is abbreviated WFT.
� 1.3 REFERENCES I'
This section contains references to the following documents. They are a part of this
' section as specified and modified. Where a referenced document contains references to
, RESERVOIR 16-EXTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM
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other standards,those documents are included as references under this section as if '
referenced directly. In the event of conFlict between the requirements of this section
and those of the listed documents,the requirements of this section shall prevail. '
American Society for Testing and Materials [ASTM�
D4285, "Standard Test Method for Indicating Oil or Water in Compressed Air" �
E337, "Standard Test Method for Measuring Humidity with a Psychrometer(The
Measurement of Wet-and Dry-Bulb Temperatures)" �
D16,"Standard Terminology for Paint, Related Coatings, Materials and
Applications �
National Association of Corrosion Engineers (NACE Internationall
RP0287-02, "Field Application of Surface Profile of Abrasive Blast Cleaned Steel �
Surfaces Using A Replica Tape"
SP0188-2006, "Discontinuity Testing of New Protective Coatings on Conductive �
Substrates"
National Institute of Standards and Technolo�v �
"Certified Coating Thickness Standards for Nonmagnetic Coating on Steel"
The Society for Protective Coatings (SSPC� �
PA 1, "Shop, Field and Maintenance Painting"
PA 2,"Measurement oE Dry Paint Thickness with Magnetic Gages" �
SP 1, "Solvent Cleaning"
SP 10,"Joint Surface Preparation Standard Near White Metal Blast Cleaning" �
Technology Guide No. 6,"Guide for Containing Surface Preparation Debris
Generated During Paint Removal Operations" '
VIS 1, "Visual Standard for Dry Abrasive Blast Cleaning"
1.3 QUALITY CONTROL REQUIREMENTS �
A. The Contractor is responsible for the workmanship and quality of the coating system '
installation. Inspections by the Owner, OCI or the CTR will not relieve or limit the
Contractor's responsibilities. '
B. Coating products shall be from a single manufacturer. �
C. The Contractor's methods shall conform to requirements of this specification and the '
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' standards referenced in this Section. Changes in the coating system installation
requirements will be allowed only with the written acceptance of the Owner before
' work commences.
D. The Contractor shall have minimum 5 years of experience in performing the work
described in this specification and shall have been in existence under the current
� company name for minimum 3 years.The Owner may request supporting
documentation for this requirement.
� E. Contaminated, outdated,diluted materials, and/or materials from previously
opened containers shall not be used.
� F. For repairs,the Contractor shall provide the same product, or products
recommended by the CSM,as used for the original coating.
� G. The Contractor shall identify the points of access for inspection by the Owner or
OC1.The Contractor shall provide ventilation, ingress and egress,and other means
necessary for the Owner, CTR,and OCI to safely access the work areas.
, H. The CTR shall attend the pre-construction meeting with the Owner, Contractor and
sub-contractor. Additionally,the CTR shall attend up to three (3) site meetings as
' reyuested by the Owner or OCI in order to inspect ambient conditions,surface
preparation,coating application and curing, or for any other reason as requested by
the Owner.
' i. Hold Points: Prior to moving past each Hold Point and continuing onto the
next activity,the work must be inspected and approved by the OCI,which
includes executing the Hold Point Completion form. The form requires signing
' off by both the Contractor and the OCI (or other City-authorized
representative). The form is included at the end of this section and must be
executed for each Hold Point. During blasting and priming,the form must be
1 executed dailv to ensure the blasted surfaces have been suitably cleaned for
priming each day.
' J. The Contractor shall demonstrate the functionality and suitability of all equipment
on the site to be used for the control of the environment,abrasive blasting,
ventilation,coating application, and any other equipment requested by the Owner. It
� shall be demonstrated to the Owner that all equipment is functioning and correctly
sized for its intended application.
' K. Upon request from the Owner,the Contractor shall provide written daily reports
that include test data,status of equipment used, invoices for repair or maintenance
of equipment, progress of work and any problems that were encountered,surfaces
� covered using visual display,ambient conditions,quality control inspection test
findings, names and hours for employees worked and other information pertinent to
the coating system installation. "
�
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1.4 DELIVERY AND STORAGE
'
A. Materials shall be delivered to the job site in their original, unopened containers. Each '
container shall be properly labeled. Materials shall be handled and stored to prevent
i damage to or loss of label.
� B. Labels on the container shall include manufacturer's name, type of paint,brand name, '
brand code,coverage,surface preparation, drying time, cleanup, color designation,and
instructions for mixing and reducing. Paint containers not displaying product �
identification will not be acceptable.
C. Materials shall be stored in enclosed structures and shall be protected from weather '
and excessive heat or cold in accordance with the CSM's recommendations.
Flammable materials shall be stored in accordance with state and local requirements.
D. The Contractor shall store and dispose of hazardous waste according to federal, �
state and local requirements. This requirement specifically addresses waste
solvents and coatings. �
1.5 SUBMITTALS �
Provide in accordance with Section 01300:
A. Product data sheets for coating system products. The data sheets should include the �
following information at a minimum:
1. Volatile organic compound (VOC) data a
2. Surface preparation recommendations.
3. Primer type,where required. �
4. Maximum dry and wet-mil thickness per coat.
5. Minimum and maximum curing time between coats, including atmospheric
conditions for each. '
6. Curing time before submergence in liquid.
7. Acceptable cleaning and th�nner solut�ons to be used with each coating.
8. Ventilation reyuirements. �
9. Minimum atmospheric conditions during which the paint shall be applied,
including but not limited to air and surface temperatures, relative humidity,
wind velocity,and precipitation. '
10. Allowable application methods.
11. Maximum allowable moisture content.
12. Storage requirements and maximum shelf life.
13. Exterior color samples as requested by Owner ,
B. Material Safety Data Sheets (MSDS) for materials to be delivered to the job site,
including coating system materials, solvents,and abrasive blast media. '
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C. Environmental Control.Containment and Ventilation Plan: The plan shall
, include equipment and methods to be used for controlling the environment
(temperature, humidity), containing debris from abrasive blasting,and providing
adequate ventilation during the work. This plan shall include technical data sheets
, for all equipment and materials being used. This plan must be approved in writing by
the City prior to the start of blasting work. See Section 3.2 for additional information.
' 1.6 RESPONSIBILITIES OF OWNER'S COATING INSPECTOR (OCI)
The Owner is contracting with a NACE Level 3 Certified Coating Inspector (the OCI) for
, quality assurance inspection during the work and to conduct inspections and approval at
Hold Points during the work. Responsibilities of the OCI will include:
� A. Attend pre-construction meeting and additional meetings as requested by the Owner.
B. Conduct Hold Point inspections and approvals.
' C. Inspect materials upon receipt to ensure that they are supplied by the CSM.
� D. Inspect to verify that specified storage conditions for the coating system materials,
solvents and abrasives are provided.
' E. Inspect and record findings for the degree of cleanliness of substrates.
F. Inspect and record substrate profile (anchor pattern).
' G. Measure and record dry bulb,wet bulb and substrate temperature.
H. Measure and record dew point and relative humidity.
� I. Inspect to verify that correct mixing of coating system materials is performed
in accordance with CSM's instructions.
� J. Inspect,confirm,and record that the "pot life" of coating system materials is not
exceeded during installation. [nspect to verify that recoat limitations for coating
� materials are not exceeded. .
K. Measure and record the thickness of the coating system.
� L. Inspect to verify proper curing of the coating system in accordance with the CSM's
instructions.
� M. Witness holiday testing of all coated surfaces.
�
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1.7 HOLD POINT INSPECTIONS '
The OCI shall complete inspection at the following hold points. The Contractor shall not '
proceed beyond the hold point inspection until verification that the requirements
pertaining to that hold point have been met. Approval of a Hold Point is given when the OCI
(or other authorized City representative) and Contractor execute the Hold Point Inspection
Form. The Contractor shall provide the Owner with a minimum of twelve (12) hours of '
notice prior to the time when the hold point inspection is to be completed.
� The Hold Point#'s and description of each are as follows. The Hold Point Inspection Form ,
is included at the end of this section. [nstructions are included on the form. A form must be
executed for each Hold Point prior to moving on to the next activity.
1
HOLD POINT INSPECTION TABLE �
Act�v�ty Description
/Hold
Point# �
1 Setu of equipment.containment and ventilation system. Prior to
commencing surface preparation,the Contractor shall set up equipment,
containment and ventilation systems in accordance with the plan prepared and �
submitted in accordance with paragraph 1.5 C. The Contractor shall
demonstrate the functionality and suitability of all equipment and systems
and any other equipment as requested by the OCI,including but not limited '
to the dehumidifier,air dryer,generator,abrasive blasting equipment,
compressors,paint pots,and lifts. It shall be demonstrated to the OCI that all
equipment is functioning and correctly sized for the application. �
2 Surface Preparation and Primin� Ongoing daily inspection of surface
preparation for proper degree of cleanliness and surface profile (SP-10) prior to
application of the prime coat. � �
3,4,5,6 Insnection of Prime Stripe Intermediate and Final Coat Application Upon
completion of the each coat of prime,stripe,intermediate,and final coat(4 hold
points),the OCI shall inspect,measure,and record the dry or wet Eilm thickness �
and general film quality(visual inspection) for lack of runs,sags,pinholes,
holidays,etc. The Contractor shall not apply the next coat until all deficiencies
have been corrected,the current coat has been approved,and is adequately cured
for recoat. The Owner may request the OCI to be present as the application �
proceeds to inspect the application method and confirm environmental conditions.
7 Post-cure testin„g: The OCI shall measure and inspect the overall dry film thickness,
as well as holiday detection,or cure testing as required per the specific requirements ,
in this Section and/or per the CSM's recommendations. The Contractor shall correct
all deficiencies identified by the OCI and allow for re-inspection of corrective action
performed to repair any defects. , �
1.8 WARRANTY INSPECTION ,
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� A one- ear warran ins ection will be conducted durin the 12��� month after the coatin
Y tY P g g
� work has been completed. The Contractor and a representative of the coating material
manufacturer shall attend this inspection. All defective work shall be repaired in
accordance with these specifications and to the satisfaction of Owner. Owner may,by
written notice to Contractor, reschedule the warranty inspection to another date within the
� one year warranty period.
� 1.9 COORDINATING WITH CATHODIC PROTECTION (CP) CONTRACTOR
After the Contractor has completed the coating installation, a cathodic protection (CP)
, installation contractor hired by the City will be on-site to install a cathodic protection system
on the roof of the reservoir. This will require drilling approximately twenty (20) 6-inch
diameter holes in the roof. After the holes have been drilled by the CP Installer,the Contractor
, shall hand-brush the cut edge of each hole using one coat of primer and an epoxy top coat.This
rnay require some coordination and communication between the CP contractor and the
Contractor to complete this work.
' PART 2--PRODUCTS
' 2.1 APPROVED COATING MANUFACTURERS AND PRODUCTS
Acceptable coating manufacturers for steel tank exterior coating include Tnemec
' and Sherwin Williams. No other manufacturers will be considered. The following
tables list acceptable products and coating thicknesses.
' TNEMEC
Coating DFT (mils)
' Coating Product
Minimum Maximum
Primer Tneme-Zinc Series 90-97 2.5 3.5
tIntermediate Series N69 Epoxy 4 6
Top Coat Series 73 Endura-Shield 3 5
� Surface filler: Series 215 Epoxy Filler
�
'
�
� RESERVOIR 16-EXTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM
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�
SHERWIN WILLIAMS
Coating DFT (mils) �
Coating Product
Minimum Maximum
Primer Corothane 1 Galvapac Zinc 1 K 3 4 ,�
Intermediate Macropoxy 646 4 6
Top Coat Acrolon 218HS 3 6 �
Surface filler: Steel-Seam FT910 ,
PART 3--EXECUTION '
3.1 GENERAL
A. The coating system shall consist of a zinc-rich primer coat,two-part epoxy �
intermediate coat,and polyurethane top coat with thicknesses as described in
Paragraph 2.1. e
B. Apply an epoxy stripe coat between the intermediate and top coat at gaps,
connections,welds,and where ladders, piping,hatches,and vents attach to the �
reservoir exterior,and all other locations where spraying may not have coated the
steel in entirety. The stripe coat must be hand-applied using rollers and brushes
using back and forth strokes to ensure that the coating is worked into all irregular �
surfaces.
C. Each successive coating shall be a different color than the previous coating to allow �
for visual verification of coverage.
D. Submit paint color chips to Owner within 10 days of Notice to Proceed to allow Owner '
sufficient time to select top coat color. Do not apply topcoat until selected color has
been approved in writing by the Owner.
E. Coat surfaces within eight(8) hours of blast cleaning and within the time �
recommended by the coating manufacturer's literature to prevent rust bloom.
Blasting all surfaces until the surface has been prepared in entirety,followed by '
applying the prime coat in entirety,will not be permitted.
F. Do not coat the blasted surface until the surface has been inspected by the OCI and the ,
Hold Point form has been executed.
G. Do not coat over visible rust bloom or contaminated surfaces. If, for any reason, rust �
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� bloom appears on the exterior surface to be coated, restore that surface to a near
white metal blast (SSPC-SP 10).
' H. Ensure that the surfaces are clean,dry,and free of contamination prior to all coating
applications. Protect all coated surfaces from damage during the curing process.
� I. Fill in noticeable voids and gaps on the reservoir shell and roof using the epoxy
surface filler and where directed by the OCI. The filler shall be applied before the
' prime coat. Include 1-day in the bid for a 2-person crew to grind off weld slag
and apply surface filler where directed by the Owner. Additional work beyond
1-day will be paid via Force Account.
' J. During the work, inspect the condition of all hardware,vents, and screens and notify
the City of any deficiencies or possible failures. Material and labor for hardware,vent,
' or screen replacement directed by the Owner will be paid via Force Account.
K. Cover all openings to the interior of the reservoir to prevent overspray or abrasive
' blasting materials from entering the reservoir. in the event that paint spray, material
generated from abrasive blasting, or other debris enter the reservoir,the Contractor
shall clean and disinfect the reservoir interior in accordance with AWWA C652 and be
� responsible for all associated costs. However, maintain one unobstructed open vent
at all times while performing the work in order to prevent vacuum conditions within
reservoir. Do not cover vents while filling or draining operations are occurring.
� L. For the roof center vent, unbolt and remove the vent and screens and cover/plug the
center opening. Coat the vent and cover while removed from the center opening in
' order to ensure adequate coverage.
M. Coordinate with CP contractor after coating has been installed/cured as described in
Iparagraph 1.9.
' 3.2 ENVIRONMENTAL CONTROL, CONTAINMENT AND VENTILATION
A. Prepare and submit an environmental control, containment and ventilation plan per
' paragraph 1.5 C. The plan shall be prepared in accordance with SSPC- Guide 6: Guide
for Containing Surface Preparation Debris Generated During Paint Removal Operations
' 1. Containment type shall be Class 2B per 4.2.2.2 of SSPC-Guide 6.
2. Containment materials shall be air impenetrable.
' 3. Per Section 5.5, Method for Assessing Quantity of Emissions shall be:
' o Method A-Visible Emissions: General Surveillance
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o Method G -Visual Assessment of Site Cleanliness �
o Method B -Ambient Air Monitoring for PM-10 may be reyuired by the
City if there are concerns about air quality due to the Contractor's ,
containment practices. All costs for air monitoring shall be borne by
the Contractor.
4. Ventilation system shall be Controlled Air Supply (5.4.1.1) with Forced Air '
(5.4.2.1)
�
B. The Contractor shall have an electronic data monitor that measures air and surface
temperature,dew point, and relative humidity mounted at all times within the ,
containment area. The monitoring data must be made available to the Owner or OCI
at any time upon request.
C. Coatings systems shall not be applied during rainy,misty weather, or other ,
conditions which could lead to surfaces upon which there is frost or moisture
condensation. During damp weather,when the temperature of the surface to be �
coated is 10 degrees F above the dew point and falling,forced dehumidification
equipment may be used to maintain a temperature of minimum 40 degrees F and 10
degrees F above the dew point for the surfaces to be coated, the coated surface, and �
the atmosphere in contact with the surface. NOTE: Coatings shall not be applied
when the surface temperature is less than 5 degrees above the dew point.
D. During abrasive blasting and prior to application of the prime coat, the maximum �
relative humidity shall not exceed 70%. After application of the first coat,the
maximum relative humidity shall not exceed 80%. Waiver of these values by the OCI �
must be in writing. Where conditions causing condensation are severe,
dehumidification equipment, fans,and/or heaters shall be used inside enclosed
areas to maintain the required atmospheric and surface temperature requirements
for proper coating application and cure. �
3.3 SURFACE PREPARATION '
The steel surfaces scheduled for coating shall be prepared to the SSPC-SP 10 standard �
("near white metal blast cleaning"). Oil and grease shall be removed before mechanical
cleaning is started. The abrasive used shall be washed,graded and free from
contaminants that might interfere with the adhesion of the coatings. The air used for '
blast cleaning shall be sufficiently free of oil and moisture so as not to cause
contamination of the surfaces to be coated.
Weld splatter that is identified during the course of the work by the Contractor or OCI ,
shall be ground down and removed and will be considered a deficiency if not removed to
the satisfaction of the OC[. '
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' A. ABRASIVE BLAST CLEANING
1. Preparation of inetallic surfaces shall be based upon comparison with SSPC-
' VIS1-89 (ASTM D2200).
2. Used or spent blast abrasive shall not be reused on this project.
3. The compressed air used for blast cleaning shall be filtered and shall contain no
� condensed water and no oil. Verification shall be completed in accordance with
ASTM D4285 prior to the start of abrasive blasting work each day. Moisture
traps shall be cleaned daily or more frequently as required to prevent moisture
� from entering the supply air to the abrasive blasting equipment.
4. Oil separators shall be installed just downstream of compressor discharge valves
and at the discharge of the blast pot discharges.These shall be checked on the
, same frequency as the moisture traps as defined in item 3 above. The
Contractor shall maintain an inspection log for tracking moisture trap and oil
separator cleaning,which shall be made available to the Owner immediately
� upon request.
5. Regulators,gauges, filters, and separators shall be in use on compressor air lines
� to blasting nozzles times during this work.
6. An air dryer or desiccant filter drying unit shall be installed which dries the
compressed air prior to blast pot connections.This dryer shall be used and
� maintained for the duration of surface preparation work.
7. The abrasive blast nozzles used shall be of the venturi or other high velocity type
supplied with a minimum of 100 psig air pressure and sufficient volume to
� obtain the blast cleaning production rates and cleanliness/specified.
8. If,between final surface preparation work and coating system application,
' contamination of prepared and cleaned metallic substrates occurs,or if the
prepared substrates' appearance darkens or changes color,surfaces shall be
cleaned in accordance with SSPC-SP 1 and then abrasively blasted in accordance
with SSPC-SP 10 until the specified degree of cleanliness is reclaimed.
i9. The Contractor is responsible for dust control and for protection of inechanical,
electrical,and other equipment adjacent to and surrounding the work area.
1 10. Particular care shall be given to the cleaning of all crevices, corners,and edges of
all structural shapes,piping conduits, ladder,and all other appurtenances. All
paint, mill scale, rust,corrosion products,and any other deleterious foreign
� attachments on the steel shall be completely removed from the surface of the
metal.
11. The Contractor is responsible for removing all encountered mill scale. Removal
� techniques include: abrasive blasting, hand scraping,and rotary grinders. Once
removed,the surface under the mill scale must be prepared in accordance with
the anchor profile and surface cleanliness reyuirements of this specification.
�
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12. All materials and waste byproducts associated with abrasive blasting shall be '
contained within the reservoir containment area.
3.4 APPLICATIOM '
A. WORKMANSHIP: �
1. Coated surfaces shall be free from runs,drips, ridges,waves,laps,and brush
marks. Coats shall be applied to produce an even film of uniform thickness '
completely coating corners and crevices.
2. The Contractor's equipment shall be designed for application of the �
materials specified. Compressors shall have suitable traps and filters to
remove water and oils from the air. A paper blotter test shall be performed
in accordance with ASTM D4285 by the Contractor when requested by the ,
Owner to determine if the air is sufficiently free of oil and moisture so as not
to produce deteriorating effects on the coating system. This is in addition to
the required testing to be conducted prior to the start of each days blasting �
operations. Spray equipment shall be equipped with mechanical agitators,
pressure gages,pressure regulators,and spray nozzles of the proper sizes.
�
3. Each coat shall be applied evenly and sharply cut to line. Care shall be
exercised to avoid overspraying or spattering paint on surfaces not to be �
coated.
4. Coating applications method shall be conventional or airless spray,brush or �
roller,or trowel as recommended by CSM. Coatings shall not be applied to a
surface until it has been prepared as specified. Coats for blast-cleaned
ferrous surfaces and subsequent coats for nonblast-cleaned ferrous surfaces e
may be either brush or spray applied.
5. Allow each coat to cure or dry thoroughly, according to CSM's printed �
instructions, prior to recoating. Items that have been coated shall not be
handled,worked on, or otherwise disturbed, until the coating is completely
dry and hard. �
6. Where two or more coats are required, alternate coats shall contain
sufficient compatible color additive to act as indicator of coverage, or the �
alternate coats shall be of contrasting colors. Color additives shall not
contain lead, or lead compounds, which may be destroyed or affected by
hydrogen sulfide or other corrosive gas,and/or chromium. ,
7. When coating complex steel shapes, apply a stripe coat after the prime coat
for welds, edges of structural steel shapes, bolts, joints, metal cut-outs, pits �
RESERVOIR 16-EXTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM e
MARCH 2O16 09960-14
1
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' in steel surfaces, or rough surfaces with the primer coat. This involves
applying a separate coat using brushes or rollers to ensure proper coverage.
, Stripe coat paint may be sprayed on but then shall be brushed and rolled to
provide coverage.
, 8. Painters shall routinely measure the wet film thickness of the coating during
application using a comb type WFT gauge. This is to ensure that proper dry
film thickness requirements are met. Repair areas of ineasurement after
� readings are taken. _
9. Contractor shall NOT apply coatings under the following conditions:
1 • Temperature exceeding the manufacturer's recommended maximum and
minimum allowable.
� • Dust or smoke laden atmosphere.
• Damp or humid weather that results in wet surfaces.
' • When the air temperature is expected to drop below 40° F or less than 5° F
above the dewpoint.
• Relative Humidity greater than 70%during abrasive blasting and prior to
' application of first coat.
• Relative Humidity greater than 80%after prime coat has been applied.
� • When wind conditions are not calm.
, B. COATING PROPERTIES, MIXING AND THINNING:
Coatings,when applied, shall provide a satisfactory film and smooth even surface.
� Coating materials shall be thoroughly stirred,strained, and kept at a uniform
consistency during application. Coatings consisting of two or more components
� shall be mixed in accordance with the CSM's instructions. Where necessary to suit
the conditions of the surface,temperature,weather and method of application, the
coating may be thinned as recommended by the CSM immediately prior to use. The
� volatile organic content (VOC) of the coating as applied shall comply with prevailing
air pollution control regulations. Unless otherwise specified, coatings shall not be
reduced more than necessary to obtain the proper application characteristics.
� Thinner shall be as recommended by the CSM. Glossy undercoats shall be lightly
sanded to provide a surface suitable for the proper application and adhesion of
subsequent coats.
'
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' RESERVOIR 16-EXTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM
MARCH 2O16 09960-15
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C. FILM THICKNESS AND CONT[NUITY: '
1. The WFT of each coat shall be verified by the Contractor. The DFT of each coat ,
shall be verified by the Contractor and OCI.
2. The completed coating system shall produce a minimum dry film thickness in '
accordance with these specifications. Verification of proper DFT will be per
SSPC-PA 2. In areas where required thickness is not obtained,sufficient coats
shall be applied to produce the required coating thickness. In areas where '
excess thickness is noted, remove excess thickness to the required surface
preparation and reapply.
3. The ability to obtain specified film thickness is generally compromised when '
brush or roller application methods are used and, therefore, more coats may
need to be applied to achieve the specified dry film thickness. �
4. The completed coating on the exterior metal surfaces of the reservoir shall be
inspected by the Contractor in the presence of the OCI and/or Owner for �
pinholes and holidays with a Tinker and Rasor Model M1 non-destructive type
holiday detector, K-D Bird Dog,or equal. The unit shall operate at less than 75
volts. A non-sudsing type wetting agent such as Kodak Photo-Flo or equal shall a
be added to the water prior to wetting the detector sponge. Areas found to
contain pinholes or holidays shall be repaired and recoated in accordance with
manufacturer's recommendations and these specifications. �
END OF SECTION �
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RESERVOIR 16-EXTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM e
MARCH 2O16 09960-16
'
� CITY OF BREMERTON
RESERVOIR COATING-HOLD POINT INSPECTION FORM
� INSTRUCTIONS: THIS FORM MUST BE COMPLETED AND EXECUTED AT EACH HOLD POINT INSPECTION. THE
CONTRACTOR MUST PA55 THE CURRENT HOLD POINT INSPECTION IN ORDER TO CONTINUE ONTO THE NEXT PHASE OF
' THE WORK. THE FORM WILL BE ADMINISTERED BY THE CITY'S NACE LEVEL 3 INSPECTOR (OR STAFF INSPECTOR) AND
MUST BE SUBMITTED TO THE CITY.
' DATE OF INSPECTION: RESERVOIR #: INTERIOR / EXTERIOR
' HOLD POINT#:
DESCRIPTION OF CURRENT HOLD POINT INSPECTION:
� NAME OF NACE LEVEL 3 INSPECTOR:
NAME OF CITY INSPECTOR:
' NAME OF CONTRACTOR:
� NAME OF CONTRACTOR REPRESENTATIVE:
IS THIS A RE-INSPECTION OF A HOLD POINT? Y / N (CIRCLE ONE)
� RESULTS OF INSPECTION: PASS FAIL CIRCLE ONE)
/ �
, INDICATE THE REASON FOR FAILURE, OR ADD ADDITIONAL NOTES HERE:
'
' �
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' SIGNATURE (NACE LEVEL 3 INSPECTOR)
ISIGNATURE (CITY INSPECTOR, IF PRESENT DURING INSPECTION)
' SIGNATURE (CONTRACTOR REPRESENTATIVE PRESENT DURING THE INSPECTION)
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APPENDIX A
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CONSTRUCTION FORMS
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' ACCEPTANCE OF COMPENSATION & RELEASE OF ALL CLAIMS
<Project Title>
, <City Project Number>-<City Construction Contract Number>
<CONTRACTOR>, hereby indicates agreement with, and acceptance of, the final Contract Payment of
, <$000,000>, the total Contract Price of<$000,000,000>, including Washington State sales and/or use
taxes, and the final Contract Time of <NNN Days>, as full and final compensation for all Work
performed in connection with Contract Number <City Construction Contract Number>, and does
t hereby release the City of Bremerton from all claims, liability, demands, damages and actions of any
kind whatsoever, arising from perfonnance of that Contract.
I <CONTRACTOR>
' By: Date:
' Title:
'
Certificate of Notary
� Subscribed and sworn to before me this day of ,
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City of Bremerton
Engineering Division
Daily Force Account Report Contractor:
Project: Description of Work: Page of
Project No.: Date:
Labor Materials
Employee Strai ht Time Overtime Materials
Name Class. Hours Rate Hours Rate Amount Descri tion Quanti Unit Unit Price Amount
$0.00 $0.00 .
$0.00 . $0.00
$0 00 . $0.00 :
$0 00 $0.00
$0.00 $0.00
$0.00 ' $0.00
$0.00 . $0 00 :
$0.00 Note: Materials Subtotal $0.00
$0.00 Use Tax @ 0% $0.00
$0.00 Materials Markup @ 15% $0.00 :
$o 0o Materials Total So.00 �
Note: �abor subtotai $o.00 ; Subcontracts
Labor Markup @ 20% $0 00 Subcontractor's Name&
Labor Total $0.00 Descnption of Subcontracted Work Quant. Unit Unit Pnce Amount
Equipment $o.00 .
Equipment Working Rental Operating Standby Standby $0 00
Descri tion 8 ID No. Hours Rate Cost Hours Rate Amount $0.00 .
$0.00 $0.00 . $0.00 ..
$0.00 $0.00 $0.00 :
$0.00 $0.00 $0.00 :
$0.00 $0.00 $0.00
$0 00 $0.00 $0.00 .
$0 00 $0.00 NOte: Subcontracts Subtotal $0.00
$0.00 $0 00 Subs.Markup @ 5% $0.00
$0.00 $0.00 Subtotal $0.00
$0.00 $0.00 Prime Cont.Markup @ 5% $0.00
$0 00 $0.00 Total Subcontracts $0.00 :
. .
$0.00 $0.00 Labor Total $0.00
$0.00 $0.00 Equipment Total $0.00
$0.00 $0.00 Materials Total $0.00
Ote: Equipment Subtotal $0.00 Subcontracts Total $0 00
S U M M A R Y subtotai $o.00 :
Equip.Markup @ 15% $0.00 B/BO/I Markup @ 5% $0.00
Subotal $0.00
WSST @ 0% $0.00 "
Equipment Total go.o0 . Daily F.A.Total So .'
� 0 � � � _ � _ 0 � 0 � � � � � � � �
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CITY OF BI�EIVIERTON
I � REQUEST FOR INFORMATION
,
:• '.
, Log No. (Unique, Chronological)
tProject Title: Project No.:
' Contractor: Contract Date:
� (For Contractor's Use)
Date: Subject:
, Information Descri tion:
P
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' Contractor's Authorized Si nature:
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(For Owner's Use)
, Date: Subject:
, Information Description:
,
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� Owner's Authorized Signature:
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CITY OF BREMERTON SHOP DRAWING SUBMITTAL
Submittal No.:
Date:
Project:
Resubmittal(Y/N):
Contractor: Project No. Previous Submittal No.--
To Be Com leted b the Contractor To Be Com leted b the Ci
Specification No Make Amend
Item P/C Para/Dwg Copies Exceptions Corrections and Rejected
No. ' Reference Descri tion of Item Sub'm Taken Noted Resubmit Resubmit
(') P-Partial Submittal,C-Complete Submittal
Contractor,initial by either(a)or(b),to certify the following:
(a) We have verified that the material or equipment contained in this submittal meets all requirements specified or shown �
(no exceptions)
(b) We have verified that the material or equipment contained in this submittal meets all requirements specified or shown, �
except for the following deviations(list deviations):
Contractors Authorized Representative
Review Remarks:
Corrections or comments made relative to submittals during this review do not relieve the contractor from Very truly yours,
compliance with the reqwrements of the drawings and specifications. This check is only for review of City of Bremerton
general conformance with the design concept of the project and general compliance with the information Dept.Of Public Wo�ks and Utilities
given in the contract documents The contractor is responsible for confirming and correlating all quantities
and dimensions,selecting fabrication processes and techniques of construction;coordinating his work wdh
that of other trades,and performmg his work in a safe and satisfactory manner ProjeCt Engineer
_ � _ _ _ � _ _ � � � a� _ _ _ � _ _ �
� Project Name
CITY OF BREMERTON Project#:
� WORK CHANGE DIRECTIVE (WCD) contractor:
Notice to Proceed Date:
' WCD #: Date:
1 YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S):
�
�
�
' ATTACHMENT(S):
' If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order
is based thereon will involve one or more of the following methods of determining the effect of the change(s). The
Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of
' the General Conditions.
Method of determining change in Contract Price: Method of determining change in Contract Times:
� ❑ Unit Price ❑ Contractor's Records
❑ Lump Sum ❑ Engineer's Records
' ❑ Time & Materials
❑ Other: ❑ Other:
' Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times:
� $ Substantial Completion: 0 days;
If the change involves an increase, the estimated Ready for final payment: 0 days;
� amount is not to be exceeded without further If the change involves an increase, the estimated times
authorization. are not to be exceeded without further authorization.
RECOMMENDED: AUTHORIZED:
'
CONTRACTOR CITY OF BREMERTON
�
By: By:
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, PAGE 1 OF 1
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� APPENDIX B
1
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1 RESERVOIR 16 CONDITIOleT
� ASSESSMENT REPORT (2014)
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A color version of this report as a PDF and additional photos are
, available upon request from the City of Bremerton. Contact Linda
Fulton at (360) 473-2323.
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December 23, 2014 � orthwest Corrosion Engineering
1 , :��o/�
10995 Warfield Road, Sedro-Woolley, WA 98284
' Mr. William Davis, P.E. Phone: (360) 826-4570 Fax: (360) 826-6321
City of Bremerton
' 3027 Olympus Drive
Bremerton, WA 98310
' SUBJECT: City of Bremerton Reservoir 16 Exterior Coating Assessment
� Mr. Davis,
' Northwest Corrosion Engineering completed an external coatings evaluation for the City of
Bremerton's Reservoir 16. Specific tasks conducted during this investigation included:
1. Evaluation of the general condition of the reservoirs exterior coating.
� 2. Measurement of existing coating thickness, determination of number and thickness of
individual coating layers, and performing qualitative and quantitative coating adhesion
' tests.
3. Measuring the depth of any accessible noted pitting.
' 4. Testing for the presence of lead within the coating material.
5. Preparation of a report summarizing the results of field inspection and condition
' assessment.
EVALUATION METHODS
' A series of field coating tests were completed on the exterior surfaces of the tank during our
site visit. A description of each test is provided below.
' Dry Film Thickness
The thickness of the existing coating system was measured using a DeFelsko PosiTector Model
6000 electromagnetic dry film thickness gauge (Type 2 gauge). This gauge measures the
' thickness of the coating between the gauge probe and the metallic substrate.
Number and Thickness of Individual Coating Layers
� The thickness of individual coating layers was determined using a Tooke Gauge. This test
apparatus inserts a cut into the coating to the base metal. One side of the cut is made at a 45°
' angle and the user simply reads the thickness of each coating using the built-in microscope and
reticles within the gauge.
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Page 1 of 8
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December 2014 City of Bremerton �
Reservoir l6 Coating Assessment
'
ASTM D4541 — Standard Test Method for Pull-Off Strength of Coatings Using Portable
Adhesion Testers '
This test procedure provides a quantitative evaluation of the coatings adhesive properties. A
standard 20 mm diameter pull-off dolly is glued to the surface of the cleaned coating. Once the
glue has cured, a portable adhesion tester is attached to the dolly. The tester then applies a '
tensile load norrnal to the test surface. The tensile load is increased until failure occurs. The
point of failure is read directly off of the tester and mode of failure is determined by analyzing
the bottom surface of the test dolly. The pull-off tests were completed using a DeFelsko '
PosiTest Model AT Adhesion Tester.
ASTM D3359— Standard Test Method for Measuring Adhesion by Tape Test '
Method A— X Cut
An x-cut is made in the coating film. Special adhesive tape is then placed over the cut and ,
smoothed to ensure good contact. The tape is then removed by seizing the free end and rapidly
pulling it off of the surface at as close to an angle of 180° as possible. The coating fragments
remaining on the tape are then evaluated and graded in accordance with the following �
descriptions:
SA —No peeling or removal.
4A—Trace peeling or removal along incisions or at their intersections. � �
3A —Jagged removal along incisions up to 1/16" on either side.
2A —Jagged removal along most of incisions up to 1/8" on either side.
1 A— Removal from most of the area of the X under the tape. �
OA — Removal beyond the area of the X.
ASTM D3359— Standard Test Method for Measuring Adhesion by Tape Test �
Method B—Cross �Iatch
This test method involves creating a series of intersecting cuts on an exposed area of coating. �
As before, special adhesive tape is pressed down on the top of the cuts and the tape is then
removed by seizing the free end and rapidly pulling it off of the surface at as close to an angle
of 180° as possible. The coating is then classified in accordance with its adhesive �
characteristics.
SB — The edges of the cuts are completely smooth; none of the squares of the lattice is
detached. ,
4B — Small flakes of the coating are detached at intersections; less than 5% of the area
is affected. '
3B — Small flakes of the coating are detached along the edges and at the intersections of
the cuts. The area affected is 5% to 15°/a of the lattice.
2B — The coating has flaked along the edges and on parts of the squares. The area '
affected is I S% to 33% of the lattice.
1 B —The coating has flaked along the edges of cuts in large ribbons, and whole squares
have detached. The area affected is 35% to 65% of the lattice. '
OB — Flaking and detachment worse than grade I.
�
Page 2 of 8 �
' December 2014 City of Bremerton
Reservoir 16 Coating Assessinent
'
Lead Testing
� Field testing for the presence of leachable lead was completed using Lead Check swabs. This
type of field testing is capable of detecting lead in paints at levels as low as 600 ppm. The
EPA defines a lead based paint as having greater than 5,000-ppm lead.
� TEST RESULTS AND ANALYSIS
, Background �
The 2-million gallon Reservoir l6 measures 95-feet in diameter, 19-feet tall, and has a
1 generally flat roof. The reservoir was constructed in 1976 using floor and sidewall steel plates
with a nominal thickness of 1/4-inch. The roof of the reservoir was build using 3/16-inch thick
steel plate.
' Exterior Coating Inspection
Organic material covers greater than 90% of the reservoir sidewall surface area. The top and
, intermediate coating has peeled over approximately 20% of the walls exposing the prime coat
material to the environment. Failure of the prime coat constitutes less than 1% of the surface
area, however there is general surface corrosion on the exposed steel. There was no noted
� pitting at the exposed locations on the sidewalls and the welds appeared to be in good
condition.
The sidewall topcoat is loosely adhered and is easily scraped off with a razor knife. The prime
' coat is more tightly adhered, requiring more effort to remove using a razor knife.
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Reservoir 16
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Page 3 of 8
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December 2014 City of Bremerton '
Reservoir 16 Coating Assessment
_.� ....._..__---_._..�__ �. _..�. ___._,_.__� '
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Reservoir sidewall with organic matter and Topcoat (circle) and intermediate coat ,
exposed prime coat (arrow) failure
Urganic matter is present on the entire roof and the reservoir is experiencing 20 — 25% loss of �
topcoat on the roof surface. At the coating failure locations, approximately 60% of the
underlying steel is exposed and small pits are starting to develop. The depth of the noted �
pitting did not exceed 1/32-inches. The �netal roof vent is in good condition, however, the vent
coating is failing similar to the remaining roof surfaces.
'
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Coating loss on roof Additional roof coating loss, underlying ,
steel exposed
Exterior Couti�:g Thickness 1
The exterior coating consists of a three part coating system. The prime coat is red in color and
measured between 0.5 and 1.0 mils at the tested locations. The blue intermediate coating � I
ranged between 2 and 3 mils thick as did the green topcoat. Total coating thickness at the
locations measured using the Tooke Gauge ranged from 5 — 7 mils.
. �
Page 4 of 8 �
' December 2014 City of Bremerton
Reservoir 16 Coating Assessment
1
Approximately fifty dry film thickness measurements were recorded at accessible locations on
' _ the exterior reservoir shell and roof using the dry film thickness gauge. The readings ranged
between 6.1 and 1 l.5 mils, with a majority of the readings measured between 7.5 and 9.5 mils.
Most modern high performance coatings applied to exterior water tank surfaces are specified to
' be between 8 and 16 mils in thickness.
Exterior Coating Adhesion Gharacteristics
� A single x-cut and cross hatch test were completed on the topcoat and prime coat of the
reservoir. Results of the testing showed no peeling using both testing techniques. However, a
light mist was in the air and the surfaces could not be made to be completely dry. As such,
' results of these tests should be used for general information purposes only. A grading of SA
(no peeling or removal removed from the center of the cut) would be applied using the x-cut
method and SB (no coating loss) for the cross hatch test for both sets of tests.
1 Three se arate ull-off adhesion tests were performed; two with the dolly glued to the topcoat
P P
and one with the dolly adhered to the prime coat material. In general terms, coatings with pull-
, off values greater than 1,000 psi on steel are considered to be well adhered. Results of the tests
are summarized in the following table.
' Test Doll Location Pull-Off Value Failure Description
. �- - -
� 1 Topcoat 622 psi 100% failure of topcoat and intermediate coat,
no loss of prime coat
2 Topcoat 1,022 psi �0% cohesive failure (topcoat to intermediate _
, coat failure)
3 Prime Coat 1,373 psi 40% prime coat failure
�
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Test 1 —failure between interniediate Test 2 — 10% failure between topcoat
' coat and prime coat and intermediate oat
Page 5 of 8 '
'
December 2014 City of Bremerton �
Reservoir 16 Coating Assessinent
'
. �_ '
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Test 3 —40% failure of prime coat to steel �
Lead Tests �
Testing for lead based paint was performed at two locations on the exterior reservoir surface
using field lead check swabs. Both tests were negative for the presence of lead.
CONCLUSIONS � �
The following conclusions are based upon results of the field testing and visual inspection of �
the structure.
1. The reservoir exterior is covered with organic matter.
2. Approximately 20% of the sidewalls and roof surfaces have experienced failure of the �
topcoat material.
3. Locations of exposed steel are experiencing general surface corrosion but are not showing �
significant pitting.
4. Coating thickness range from 6.1 to 11.5 mils at the tested locations. ,
5. Using a razor knife, the top and intermediate coat could be easily scraped off in the tested
areas.
6. Based upon the pull-off tests, the top and intermediate coating adhesion values had mixed i
results. These types of results are similar to other reservoirs in the area and are likely the
result of degradation due extended accumulation of organic matter in the poor adhesion test ,
sites.
7. The prime coat is well tightly adhered to the substrate.
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Page 6 of 8 '
' December 2014 C:ity of Bremerton
Reservoir 16 Coating Assess�nent
1
8. Two tests using field lead check swabs did not indicate the presence of lead in any of the
' coating materials.
9. There was no noted pitting on the exposed steel surface.
1 10. The visible welds appear to be in good condition.
RECOMMENDATIONS
� 1. Two options are available for rehabilitating/upgrading the exterior coating of Reservoir 16.
a. If a useful coating life of 15 — 20 years is desired, the existing top and intermediate
' coating should be removed and the existing prime coat overcoated with a
compatible two-part epoxy and a polyurethane topcoat should be applied.
b. Completely removing all coatings and applying a three coat system consisting of a
� zinc-rich primer, epoxy intermediate coat, and a polyurethane top coat should be
applied if a greater than 25 year life is desired.
� 2. To extend the life of the existing coating, the reservoir should be power washed to remove
all organic matter and loosely adherent coating material. All exposed areas of steel should
then be cleaned to remove all corrosion product and the exposed steel surface should be
' prepared such that it would accept a protective coating. Perforn�ing this work should result
in putting off any major repair/upgrade coating work for an additional 3-5 years.
1 We appreciate the opportunity to assist you with this project. If you have any questions or
would like any additional information, please do not hesitate to contact our office.
� Sincerely,
Northwest Corrosion Engineering
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IAPPENDIX A: Classification Grading for Cross Hatch Test
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' Page 7 of 8
December 2014 City of Bremerton �
Reservoir 16 Coating Assessment
'
APPENDIX A-CROSS HATCH GRADING CLASSIFICATION 1
�
Uanftn�7iarinslru�aftNKand 7Nxxr l};;i
.».�_.�..._..._-.--:�..�....�....._„��.:.._._.....�- ,..�..........«�:..,...�.�«<,.��,,...... '
SurFace of Crass-Cut Area#ratn
Which Flaking has Occured, �
{Example for Six Paratlod Guts)
"...�. ._ '
66 ( None
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Fi�urc t i.2S: C:Inssificrtioo of '
�dhesir�o Tapc Tcst Resalts
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Page 8 of 8 '
� '/ T 0 DATE MMIDDIYYYY
ACORO CERTIFICATE OF LIABILITY INSURANCE 04/26/2016 '
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, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
' IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 15 WAIVED, subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRO�UCER �^1A#877030 1-206-343-2323 CONTACT
NAME:
' AssuredPartners of Washington, LLC dba MCM PHONE F� '
AssuredPartners of Wash. Ins. Agency, LLC CA Lic OK61066 _(AIC.No ExQ;_. AIC No:
1325 Fourth Avenue, Su].tE 2100 E-MAIL
ADDRESS:
Seattle, WA 98101 _, INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA: ENDURANCE AMER INS CO 10641
' INSUREU IN5URERB: �ASKA NATL INS CO 38733
Coatings Unlimited Inc. INSURERC NATIONAL UNION FIRE INS CO OF PITTS 19445
18420 68th Ave S Ste 110 INSURERO: _ _
� Kent, WA 98032 INSURERE. _
INSURER F:
COVERAGES CERTIFICATE NUMBER: 46e95s�z REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
' INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CON�ITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE AD�L SUBR POLICY EFF POLICY EXP LIMITS
LTR N R ❑ POLICY NUMBER MMIDD/YYYY MM/DDIYYYY
' A GENERALLIABfLITY X x CBC2D0012789 04/11/1 04/11/17 EACHOCCURRENCE $1,000,000
COMMERCIAL GENERAL LIA8ILITY DAMAGE TO RENTED
X PREMISES Eaoccurrence S 100,000
CLAIMS-MADE � OCCUR ME�EXP(Any one person) $5,000 __
X WA Stop Gap pERSONAL8A0VINJURY S 1.000,000
' _ GENERALAGGREGATE $2,000,000
GEN'LAGGREGATELIMITAPPLIESPER PRODUCTS-COMPIOPAGG S 2.000,000
POLICY X PRO- LOC $
' B AUTOMOBILELIABILITY X X 16DAS32121 04/11/1 04/11/17 COM0INE�SINGLELIMIT —
Ea accident l,000,000
X ANY AUTO BO�ILY INJURY(Per�person) $
ALL OWNED SCHE�ULE� BODILY INJURY(Per accident) $
AUTOS AUTOS
NON-OWNED PROPERTY�AMAGE S
x HIRED AUTOS X AUTOS Per accident
' $
C UMBRELtAL1A6 X OCCUR X X BE062456864 04/11/1 04/11/17 EACHOCCURRENCE $ 4,000,000
X EXCESSLIAB CLAIMS-MADE AGGREGATE g 4,000,000
' �ED RETENTION 5 $ —
p� WORKERSCOMPENSATION CBC200012789 04/11/1 04/11/17 �RYLIAMIT X OEH-
ANU EMPLOYERS'LIABILITY
ANY PROPRIETORlPARTNEWEXECUTIVE� N�A E.L.EACH ACCI�ENT $ l,000,000
OFFICERIMEMBER EXCLUDED�
(MandatorylnNH) E.L.DISEASE-EAEMPLOYE S 1.000,000
' Ifyes,describeunder 1,000,000
DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $
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�ESCRIPTION OF OPER.4TION5/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)
RE: CUI Job #9-2824-1. Project Number: 45126. Project: Reservoir 16 ? Exterior Coating Replacement_ Scope: Prep & paint
1MG Welded Steel Potable water Reservoir per contract. Owner are included as Additional Insured per the attached.
� Insurance is considered primary and non-contributory and a waiver of subrogation shall apply.
� CERTIFICATE HOLDER CANCELLATION
SHOULD APIY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERE� IN
, Public Works & Utilities ACCORDANCE WITH THE POLICY PROVISIONS.
100 Oyster Bay Ave N AUTHORIZED REPRESENTATIVE n n
Bremerton, WA 98312 �au-�^�`�/�
' USA U
O 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/O5) The ACORD name and logo are registered marks of ACORD
' reganhupf I
46696672
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COMMERCIAL -
' GENERAL LIABILITY
CG 20 10 10 01
1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED — OWNERS, LESSEES OR
CONTRACTORS — SCHEDULED PERSON OR
' ORGANIZATION
This endorsement modifies insurance provided under the following:
ICOMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
' Name of Person or Organization:
lanket as required by written contract on a primary&non-contributory basis.
' (If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
' A.Section II—Who Is An Insured is amended to include as an insured the person or organization
shown in the Schedule, but only with respect to liability arising out of your ongoing operations
performed for that insured.
B.With respect to the insurance afforded to these additional insureds,the following exclusion is
' added:
2.Exclusions
This insurance does not apply to"bodily injury"or"property damage"occurring after:
' (1}All work, including materials, parts or equipment furnished in connection with such
work,on the project(other than service, maintenance or repairs)to be performed by or
on behalf of the additional insured(s)at the site of the covered operations has been
completed; or
1 (2)That portion of"your work"out of which the injury or damage arises has been put to �
its intended use by any person or organization other than another contractor or
subcontractor engaged in performing operations for a principal as a part of the same
' project.
' c�2o io io ai
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COMMERCIAL GENERAL LIABILITY
' POLICY NUMBER: SF15CGL0185681C CG 24 04 05 09
1fi/Al\/EI� OF TI�AIVS��R O�' RIGHTS OF RECOVERY
' ACAINST OTHERS TO US
� This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
' SCHEDULE
' Name Of Person Or Organization:
Any person or organization when you and such person or organization have agreed in writing in a contract or
' agreement that you will waive any right of recovery against such person or organization.
' Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
' Section IV-Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
' above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
' completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
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CG 24 04 05 09 O Insurance Services Office, Inc., 2008 Page 1 of 1
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�t ACD� I N S U RA N C E �I N D E R DATE(MM/DD/YYYY)
�� 5/19/2016
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
_.. _.... ... ......._._....._...----.. —.. — — —-- - -
AGENCY COMPANY . IB NDER#
M� � Travelers Property Casualty g1651902112
-�R� .�Ameri -- � --.._.
1325 Fourth Ave, Suite 2100 EFFECTIVE EXPIRATION
DATE TIME DATE TIME_
- _ X AM X �' 12�01 AM
Seattle WA 98101 6/1/2016 12:01 � Pnn _ _ 6/1/2016 ; NOON
A/CNN Ext__�?O6�343-Z3Z3 _ � No�: (2O6)798-9579 THIS BIN�ER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY
CODE: _ _ SUB CODE_ __ PER EXPIRING POLICY# T6603H54673TIL16
AGENCY 00001353 DESCRIPTION OF OPERATIONSNEHICLESIPROPERTY(Including Location)
cusTonneRio: Reservior 16-Exterior Coating Builders Risk
INSURED
Coatings Unlimited, Inc. Policy no. QT6603H54673TIL16
18420 68th Ave So. Policy Term June 1, 2016 to August 1, 2016
#110 Estimated Premium $1,000
Kent WA 98032
COVERAGES LIMITS
TYPE OF INSURANCE _ COVERAGE/FORMS _ � DEDUCTIBLF COINS% AMOUNT
PROPERTY CAUSES OF LOSS POIICI7 Limit � 2�50 315,611
� Transit Limit � � 100,000
� BASIC � BROAD j� SPEC 1
� Builders Risk _ _ Earthquake 50,o00i 315,611
Flood 25,000 315,611
GENERAL LIABILITV � EACH OCCURRENCE i $
DAMAGETO
�COMMERCIAL GENERAL LIABILITY RENTED PREMISES .. $ .
I CLAIMS MADE C OCCUR � MED EXP(Any one.person) $
� PERSONAL&ADV INJURY $
GENERALAGGREGATE $
RETRO DATE FOR CLAIMS MADE PRODUCTS-COMP/OP AGG $
VEHICLE LIABILITY COMBINED SINGLE LIMIT $
�ANY AUTO BODILY INJURY(Per.person) $ _
� ALL OWNED AUTOS rODILY INJURY(Per accident) ; $
� SCHEDULED AUTOS PROPERTY DAMAGE $ _
� HIRED AUTOS MEDICAL PAYMENTS $
NON-OWNED AUTOS � PERSONAL INJURY PROT $
r - -
� UNINSURED MOTORIST � $
$
VEHICLE PHYSICAL DAMAGE DED ALL VEHICLES u SCHEDULED VEHICLES ACTUAL CASH VALUE
COLLISION: _.._� STATED AMOUNT $
i
OTHER THAN COL
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
-�ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT $
� AGGREGATE $
EXCESS LIABILITY � EACk OCCURRENCE $
UMBRELIA FORM AGGREGATE I $
OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE. SELF-INSURED RETENTION $
� WC STATUTORY LIMITS
WORKER'S COMPENSATION E L.EACH ACCIDENT , $
ANO -
EMPLOYER'S LIABILITY E L DISEASE-EA EMPLOYEE '$
E L DISEASE-POLICV LIMIT $
SPECIAL FEES . $
CONDITIONS/ TAXES $
OTHER
COVERAGES ESTIMATED TOTAL PREMIUM $
NAME 8 ADDRESS
MORTGAGEE ADDITIONAL INSURED
LOSS PAYEE _ __._ . . .._
LOAN#
AUTHORIZED REPRESENTATIVE
Doug Darlington/RT ��' P"`"� �� �
ACORD 75(2010104) Page 1 of 2 O 1993-2010 ACORD CORPORATION. All rights reserved.
INS075�zoiooa�oz The ACORD name and logo are registered marks of ACORD
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AGENCY CUSTOMER ID: 00001353 t
COIVDITIONS
This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms,
conditions and limitations of the policy(ies) in current use by the Company.
This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating
when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in
accordance with the policy conditions.This binder is cancelled when replaced by a policy. If this binder is not replaced
by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the
Company.
Applicable in California
When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title
of the form is changed from"Insurance Binder"to"Cover Note".
Applicable in Colorado
With respect to binders issued to renters of residential premises, home owners, condo unit owners and mobile home
owners, the insurer has thirty (30) business days, commencing from the effective date of coverage, to evaluate the
issuance of the insurance policy.
Applicable in Delaware
The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real
property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the
binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as
loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term
of the binder unless the lender and the insured borrower receive written notice of the cancellation at least ten (10)
days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid
receipt of the full amount of the applicable premium, and the amount of insurance coverage.
Chapter 21 Title 25 Paragraph 2119
Applicable in Florida
Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the
duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless
the binder is replaced by a policy or another binder in the same company.
Applicable in Maryland
The insurer has 45 business days, commencing from the effective date of coverage to confirm eligibility for coverage
under the insurance policy.
Applicable in Michigan
The policy may be cancelled at any time at the request of the insured.
Applicable in Nevada
Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is
required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof
of insurance for actual damages sustained therefrom.
Applicable in the Virgin Islands
This binder is effective for only ninety(90)days. Within thirty(30)days of receipt of this binder, you should request an
insurance policy or certificate (if applicable)from your agent and/or insurance company.
ACORD 75(2010I04) Page 2 of 2
INS075�zoiooa>oz
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INLAND MARINE
PROPOSAL FOR: .
COATINGS UNLIMITED, INC. � , "
. . 18420 68TH AVE S. #110
KENT, WA 98032
- PREPARED FOR: � ;
MCM BENEFITS & INS SVCS
1325 4TH AVE STE 2100 i
SEATTLE,-WA 98101 �
Attn: Regan Hupf
Phone. 206-343-4188
Date of Proposal: 05/19/2016 _
Time: 12:01 EST �
Gluote Number: 001 - 001 , I
SAI: 6208D3065
� �
_ . .
Account Executive: Jeff Conrad � � • �
Phone: 206-464-5721 �
E Mail Address: JCONRAD@travelers.com �
Account Manager: Kelly Batten �
Phone: 206-464-5727 _ � �
E Mail Address: KBATTEN@travelers.com �
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COMPANY . .
Travelers Property Casualty Company of America - �
THE FOLLOWING OUTLINES THE COVERAGE FORMS, LIMITS OF INSURANCE, POLICY ENDORSEMENTS
AND OTHER TERMS AND CONDITIONS PROVIDED IN THIS PROPOSAL/QUOTE. ANY POLICY �
COVERAGES, LIMITS OF INSURANCE, POLICY ENDORSEMENTS, COVERAGE SPECIFICATIONS, OR ,
OTHER TERMS AND CONDITIONS THAT YOU HAVE REQUESTED THAT ARE NOT INCLUDED IN THIS ;
PROPOSAL/GIUOTE HAVE NOT BEEN AGREED TO BY TRAVELERS. PLEASE REVIEW THIS
PROPOSAL/G�UOTE CAREFULLY AND IF YOU HAVE ANY C�UESTIONS, PLEASE CONTACT YOUR
TRAVELERS REPRESENTATIVE.
THIS PROPOSAL/QUOTE DOES NOT AMEND, OR OTHERWISE AFFECT,THE PROVISIONS OF COVERAGE I
OF ANY RESULTING INSURANCE POLICY ISSUED BY TRAVELERS. IT IS NOT A REPRESENTATION THAT ;
COVERAGE DOES OR DOES NOT EXIST FOR ANY PARTICULAR CLAIM OR LOSS UNDER ANY SUCH �i
POLICY. COVERAGE DEPENDS ON THE APPLICABLE PROVISIONS OF THE ACTUAL POLICY ISSUED, ;
THE FACTS AND CIRCUMSTANCES INVOLVED IN THE CLAIM OR LOSS AND ANY APPLICABLE LAW.
THIS PROPOSAL IS VALID FOR 30 DAYS OR UNTIL THE PROPOSED EFFECTIVE DATE,WHICHEVER IS
SOONER, UNLESS OTHERWISE INDICATED.
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Page 1 of 5
Account Name: `
COATINGS UNLIMITED, INC.
Proposal Date: 05/19/2016 ('�uote Number: 001 - 001
Proposed Effective Date: 06/01/2016 Proposed Expiration Date: 10/01/2016
PROPOSALSUMMARY
PREMIUM SUMMARY
Coverage Premium Minimum Earned Premium
Builders' Risk Non Reporting - Construction $1,000 $1,000
Pak
Account Total $1,000
* The estimated premium(s) shown above may differ from actual premium(s) shown on the policies and
installment bills due to installment charges, estimated taxes and surcharges, as well as rounding.
PAYMENT PLAN
Agency Bill Prepaid
COMMISSION
Inland Marine Commission 15%
OTHER FORMS
IL T3 82 Exclusion of Loss Due to Virus or Bacteria
IL T4 12 Amendment Of Common Policy Conditions— Prohibited Coverage— Unlicensed Insurance And
Trade Or Economic Sanctions
IL T4 14 Cap On Losses From Certified Acts Of Terrorism
Applicable endorsement and/or modifier relating to exclusion of certain computer related losses due to dates
or times will also apply.
COMMENTS
Policy number is QT 660 3H546783 TIL 16.
Important Notice Regarding Compensation Disclosure
For information about how Travelers compensates independent agents, brokers, or other insurance
producers, please visit this website:
http://www.travelers.com/w3c/leqal/Producer Compensation Disclosure html
If you prefer, you can call the following toll-free number: 1-866-904-8348. Or you can write to us at
Travelers, Enterprise Development, One Tower Square, Hartford, CT 06183.
Page 4 of 5
`�r
Terrorism Risk Insurance Act Disclosure
The federal Terrorism Risk Insurance Act of 2002 as amended ("TRIA") establishes a program under which
the Federal Government may partially reimburse "Insured Losses" (as defined in TRIA) caused by "Acts Of
Terrorism" (as defined in TRIA). "Act Of Terrorism" is defined in Section 102(1) of TRIA to mean any act
that is certified by the Secretary of the Treasury—in consultation with the Secretary of Homeland Security
and the Attorney General of the United States—to be an act of terrorism; to be a violent act or an act that
is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States,
or outside the United States in the case of certain air carriers or vessels or the premises of a United States
Mission; and to have been committed by an individual or individuals as part of an effort to coerce the
civilian population of the United States or to influence the policy or affect the conduct of the United States
Government by coercion.
The Federal Government's share of compensation for such Insured Losses is established by TRIA and is a
percentage of the amount of such Insured Losses in excess of each Insurer's "Insurer Deductible" (as
defined in TRIA), subject to the "Program Trigger" (as defined in TRIA). Through 2020, that percentage is
established by TRIA as follows:
85%with respect to such Insured Losses occurring in calendar year 2015.
84%with respect to such Insured Losses occurring in calendar year 2016.
83% with respect to such Insured Losses occurring in calendar year 2017.
82%with respect to such Insured Losses occurring in calendar year 2018.
81%with respect to such Insured Losses occurring in calendar year 2019.
80%with respect to such Insured Losses occurring in calendar year 2020.
In no event, however, will the Federal Government be required to pay any portion of the amount of such
Insured Losses occurring in a calendar year that in the aggregate exceeds $100 billion, nor will any Insurer
be required to pay any portion of such amount provided that such Insurer has met its Insurer Deductible.
Therefore, if such Insured Losses occurring in a calendar year exceed $100 billion in the aggregate, the
amount of any payments by the Federal Government and any coverage provided by this policy for losses
caused by Acts Of Terrorism may be reduced.
For each coverage provided by this policy that applies to such Insured Losses, the charge for such Insured
Losses is included in the premium for such coverage and is listed below. Such charges do not include any
charge for the portion of such Insured Losses covered by the Federal Government under TRIA.
Coverage Included Charge For Insured Losses
Commercial Inland Marine 1% of the Commercial Inland Marine Coverage premium.
Page 5 of 5