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AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract Award and Agreement with Simpson Sandblasting & Special Coatings, Inc. for Exterior Coating Replacement of Reservoirs 17 and 20 Study Session Date: COUNCIL MEETING Date: Department: 5R February 28, 2018 March 7, 2018 PW&U Presenter: Tom Knuckey Phone: _(360) 473-2376 SUMMARY: Reservoirs 17 & 20 are each 1 -million gallon steel water reservoirs located side by side in East Bremerton. The exterior coating on each reservoir is failing. An exterior coating assessment report was prepared by Northwest Corrosion Engineering in January 2015 which included recommendations for recoating of the exterior of these reservoirs. The exterior of each reservoir will be abrasive blasted to remove the existing coating and a new coating system will be applied. Bids were opened on February 15, 2018. Four (4) bids were received. Simpson Sandblasting & Special Coatings, Inc. was the lowest responsible, responsive bidder in the amount of $627,323.34 including WA State sales tax. ATTACHMENTS: 1. Location Map; 2. Agreement; 3. Simpson Sandblasting Bid Schedule; 4. Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): This project is included in the 2018 Water Capital Budget. STUDY SESSION AGENDA: ® Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to award the construction contract for Reservoirs 17 & 20 — Exterior Coating Replacement to Simpson Sandblasting & Special Coatings, Inc. in the amount of $627,323.34 including Washington State sales tax and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: [Rf/Approve Form Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action C 11.0,OrA CITY OF BREMERTON RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 Pre -Bid Conference: Tuesday, Feburary 6, 2018 @ 10:00 A.M. Meet at 3027 Olympus Drive, Bremerton, WA 98310 Parking lot of Engineering building (blue metal building) Bid Openin_a: February 15 @ 2:00 P.M. City Clerk's Office, City Hall 345 Sixth Street Bremerton, WA 98337 Contact Person: Bill Davis, P.E. Public Works & Utilities: Engineering Division 345 Sixth Street, Suite 100 Bremerton, WA 98337 PHONE: (360) 473-2312 EMAIL: william.davis@ci.bremerton.wa.us THIS PAGE LEFT INTENTIONALLY BLANK 7 1 SECTION 00010 CERTIFICATE OF ENGINEER The technical material and data contained in these Specifications for the project Reservoirs 17 and 20 - 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. E RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 CERTIFICATE OF ENGINEER 00010-1 THIS PAGE LEFT INTENTIONALLY BLANK City of Bremerton RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT Table of Contents DIVISION 0 - BID REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 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) 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 Condition Assessment Report Appendix C - Construction Plans RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT TABLE OF CONTENTS FEBRUARY 2018 00020-1 THIS PAGE LEFT INTENTIONALLY BLANK CITY OF BREMERTON ADDENDUM NO. 1 for Reservoirs 17 and 20 — Exterior Coating Replacement ' Issued February 8, 2018 (9 pages) 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. Integration: The following changes, additions, deletions and attachment are hereby made a part of the Contract Documents for the aforementioned project, as fully and completely as if the same were set forth therein. Acknowledgement of Receipt of Addendum: All prospective bidders are instructed to incorporate this revision into their bids and to complete the acknowledgement of receipt of addenda in the Bid Proposal. Failure to do so may result in the Bid being rejected as not responsive. City of Bremerton Page 1 of 9 Reservoirs 17 and 20 — Exterior Coating Replacement February 2018 Addendum # 1 /8/18 REVISIONS FOR ADDENDUM #1 Revision # Spec. Description Reference 1.1 00800 SC Add the following text: Builder's Risk Insurance is not required for this 5.04 C.5 contract. 1.2 009960 1.1 Add the following paragraphs: Reservoir 20 (north reservoir) shall be coated first. For both reservoirs: Upon completion and acceptance of the reservoir topcoat by the Owner's Inspector, the Contractor shall clean the interior of the reservoir to remove any dust or debris and disinfect the reservoir using AWWA C652, Method 2. After the disinfection is complete, the City will begin filling the reservoir and be responsible for obtaining a water sample and taking it to a certified laboratory. When successful laboratory results are obtained, the City will place the reservoir online. If this is the first reservoir to be coated, the City will then begin to drain the other reservoir for the Contractor's remaining work. Photographs of the tank lids are included at the end of this section. (photos are attached). The Reservoir 17 lid is in very poor condition and covered with vegetative debris from nearby trees. The Reservoir 20 lid is in better condition and has approximately 20 6 -inch diameter aluminum caps installed over 5 -inch diameter holes, which is part of an internal cathodic protection system. During the work, the Contractor must protect the aluminum lids and prepare%oat the portion of surface under the lids using hand tools. Current TCLP reports for both reservoirs are attached for the Contractor's use. 1.3 009960 2.1 Modify the Tnemec paint products table as follows to include additional products: Intermediate: Series N69 Epoxy or Series 27 Typoxy Top Coat. Series 73 EnduraShield or Series 1095 Endura Shield 1.4 009960 3.3 Add the following to the paragraph titled `Tank Wash': A The Contractor shall set up a temporary containment using tarps and mats to capture all paint chips that are dislodged from the tank from the washing activity. All waste paint chips shall be collected and disposed of off-site. 1.5 09960 1.9 This paragraph is deleted. City of Bremerton Page 2 of 9 February 2018 Reservoirs 17 and 20 — Exterior Coating Replacement Addendum # 1 1 11 C w 1 1 City of Bremerton Page 3 of 9 February 2018 Reservoirs 17 and 20 — Exterior Coating Replacement Addendum # 1 City of Bremerton Page 4 of 9 February 2018 Reservoirs 17 and 20 — Exterior Coating Replacement Addendum # 1 J N 11 1 t 1 1 J 1 1 1 I 1 City of Bremerton Page 5 of 9 February 2018 Reservoirs 17 and 20 — Exterior Coating Replacement Addendum # 1 City of Bremerton Page 6 of 9 February 2018 Reservoirs 17 and 20 — Exterior Coating Replacement Addendum # 1 [I t 1 1 City of Bremerton Page 7 of 9 February 2018 Reservoirs 17 and 20 — Exterior Coating Replacement Addendum # 1 Sample Description: Resevoir 17 - Bremerton, WA Sample Date: 2/2/18 Lab Number: 7874 Matrix: Other Collected By: CAS ID# Parameter Result MCL PQL MDL Units Method Analyzed Analyst lab Batch Comment 7439-92-1 LEAD 0.14 5.00 0.010 mg/L Pass 601oB/1311 2J711 ANP a 601OB_18020 Burlington, WA Corpmet. LM—tory rdi 1620 3: -r a A V6233 80a 755929 6 1P rV7W .'a00 Bellingham, WA Mmrommoeyfb) R 622 I" Jft Portland, OR u—&-b9y1cn—islryro f R— „. R7',.0 0682 sot ANALYTICAL Corvallis, OR U-bolJy(d) ,. G?" TN -d S!1 t Cc— "CR97„ 7�11764,Ro Page 1 of 1 Toxic Leaching Characteristic Procedure Data Report Notes: Client Name: Northwest Corrosion Eng. Reference Number: 18-03812 PO Box 905 Project: City of Bremerton D.F. - Dilution Factor Burlington, WA 98233 Report Date: 2/8/18 If you have any questions concerning this report contact Lawrence Henderson at the above phone number. Date Received: 2/5/18 Addendum #1 - Page 8 of 9 Approved By:, bj Authorized By: Lawrence J Henderson, PhD Director of Laboratories, Vice President Sample Description: Resevoir 17 - Bremerton, WA Sample Date: 2/2/18 Lab Number: 7874 Matrix: Other Collected By: CAS ID# Parameter Result MCL PQL MDL Units Method Analyzed Analyst lab Batch Comment 7439-92-1 LEAD 0.14 5.00 0.010 mg/L Pass 601oB/1311 2J711 ANP a 601OB_18020 Notes: ND = Not detected above the listed practical quantitation limit (PQL) or not above the Method Detection Limit (MDL), if requested. PQL = Practical Quantitation Limit is the lowest level that can be achieved within specified limits of precision and accuracy during routine laboratory operating conditions. D.F. - Dilution Factor If you have any questions concerning this report contact Lawrence Henderson at the above phone number. Form: cTCLP.rpt Addendum #1 - Page 8 of 9 Burlington, WA C,, o.tsLaboratory(al a 3 803,7559295 doe EMI)GE Bellingham, WA Mmromoi-gyry( r, AH21e 30 1212 Portland, OR W,—bao9yCh—ty(o 9152 ANALYTICAL Corvallis, OR raioroadosy(d) „ ;,ThrdSt—t_ i,Vey7233 Page 1 of 1 Toxic Leaching Characteristic Procedure Data Report Client Name: Northwest Corrosion Eng. Reference Number: 18-03812 PO Box 905 Project: City of Bremerton Burlington, WA 98233 Report Date: 2/8/18 Date Received: 2/5/18 Approved By: bj Authorized By: Lawrence J Henderson, PhD Director of Laboratories. Vice President Sample Description: Resevoir 20 - Bremerton, WA Sample Date: 2/2/18 Lab Number: 7875 Matrix: Other Collected By: CAS ID# Parameter Result MCL PQL MDL Units Method Analyzed Analyst lab Batch Comment 7439-92-1 LEAD 0.07 5.00 0.010 mg/L Pass 6010BY1311 217118 ANP a 601oB_1e020; Notes: ND = Not detected above the listed practical quantitation limit (PQL) or not above the Method Detection Limit (MDL), if requested. PQL - Practical Quantitation Limit is the lowest level that can be achieved within specified limits of precision and accuracy during routine laboratory operating conditions. D.F. - Dilution Factor If you have any questions concerning this report contact Lawrence Henderson at the above phone number. Form: cTCLP.rpt Addendum #1 - Page 9 of 9 f] iJ 11 �1 ISECTION 00030 CITY OF BREMERTON, WASHINGTON NOTICE INVITING BIDS RECEIPT OF BIDS: Sealed Bids will be received at the office of the City Clerk of the City of Bremerton, located at 345 6th Street, Bremerton, Washington 98337 until 2:00 p.m. Pacific Time as shown on the wall clock inside the City Clerk's office on February 15, 2018 for the project RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT. Bids received after the specified time and date will not be considered. ' OPENING OF BIDS: The bids will be publicly opened and read after 2:00 p.m. on February 15, 2018 in 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 two (2) 1 million gallon welded steel potable water reservoirs. The reservoirs are adjacent to each other. The work includes setting up 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 400 Ridge Lane in Bremerton, WA. The site is in a residential neighborhood, therefore maintaining a clean site and compliance with the noise ordinance will be enforced. WORK TIMES: The Substantial Completion date is 100 calendar days following the Notice to Proceed. The Notice to Proceed will be issued on or around May 1, 2018. Additional project time constraints are described in the contract documents in Section 09960. PREVIEWING CONTRACT DOCUMENTS: Contract Documents may be previewed at the ARC Document Solutions website (www.e-arc.com). Go to http://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 ordered from ARC. Payment is typically cost of reproduction (non-refundable). Contact ARC Bid Services: 1(206) 622- 6000; FAX (206) 622-6712; E-mail: seattle.bid.services@e-arc.com. f 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 RESERVOIRS 17 AND 20 - 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 for 100 percent of the Contract Price. 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. RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT NOTICE INVITING BIDS FEBRUARY2018 00030-1 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 strongly encouraged to attend the pre-bid conference conducted by the City, which will include a walk-through of the project site. 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 Tuesday, February 6, 2018. Meet at the parking lot of the City of Bremerton Engineering offices at 3027 Olympus Drive, Bremerton, WA 98310 to convoy over to the site. CONDITION ASSESSMENT REPORT AND PHOTOGRAPHS: A condition assessment report was prepared in January 2015 by Northwest Corrosion Engineering and is included in Appendix B of the bid documents. PROJECT COMMUNICATION: 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 E-mail: William.davis@ci.bremerton.wa.us Mailing Address: City of Bremerton ATTN: Bill Davis PW&U - Engineering Division 345 61h Street, Suite 100 Bremerton, WA 98337 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 RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT NOTICE INVITING BIDS FEBRUARY 2018 00030-2 SECTION 00040 BIDDER CHECKLIST This section lists the contract forms 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 section 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% eve 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 and General Information (this form may be submitted up to 24 hours after the bid opening). 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. L. Certification of Compliance with Wage Payment Statutes 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) RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT BIDDER CHECKLIST ' FEBRUARY 2018 00040-1 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 FINAL PAYMENT OR RELEASE OF RETAINAGE - Acceptance of Compensation and Release of All Claims. This form is located in the Appendix. Submit prior to final 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. END OF SECTION RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT BIDDER CHECKLIST FEBRUARY 2018 00040-2 11 ISECTION 00100 I 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 6th St., 98337. 2. LOCAL BUSINESS LICENSE 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 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. 3.2 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 It 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; RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT INSTRUCTIONS TO BIDDER FEBRUARY 2018 00100-1 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 office 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 Information 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. RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT INSTRUCTIONS TO BIDDER FEBRUARY 2018 00100-2 IJ ' 4.7 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 performed, rights-of-way, and easements for 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 ENGINEER 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 managing partner, accompanied by the enclosed Certificate of Authority to sign, and RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT INSTRUCTIONS TO BIDDER FEBRUARY 2018 00100-3 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. DISQUALIFICATION 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 has a fiduciary interest 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, RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT INSTRUCTIONS TO BIDDER FEBRUARY 2018 00100-4 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 form bound herein. 1 13. 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. In 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 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 BIDDER shall be bound by said correction. ' 14. MODIFICATIONS AND UNAUTHORIZED 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 interlineations, 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 request, 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 PRICE 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 I Within 14 days after award of the contract, the OWNER will, if requested, return the Bid securities accompanying such Bids that are not being considered in making the award. All RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT INSTRUCTIONS TO BIDDER FEBRUARY 2018 00100-5 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. 18. EXECUTION OF AGREEMENT The Bidder to whom 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. If the lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the OWNER may award the Contract to the second lowest responsive, responsible Bidder. If 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 or Rule 171 will apply to this contract. The applicable tax rule is indicated in the Bid Schedule form. Contact DOR for additional information regarding application of tax rules. All other federal, state, and local 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 SECTION RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 1 1 J INSTRUCTIONS TO BIDDER ' 00100-6 SECTION 00300 BID FORMS �►��. -u 1 qual).3 e .►i viiSOI BID TO: CITY OF BREMERTON, PUBLIC WORKS AND UTILITIES ENGINEERING 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 "RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT." 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 of which is hereby acknowledged). Failure to acknowledge addenda shall Mrender the bid non-responsive and shall be cause for its rejection. Addenda Number: 1 Date: February 8, 2018 S. 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 requirements (federal, state and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress or performance of the WORK and has made such independent investigations as Bidder deems necessary. To all the foregoing, and including all Bid Forms contained in this Bid, said Bidder further agrees to complete the WORK required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefore the Contract Price based on the Total Bid Price(s) named in the aforementioned Bid Forms. Dated: February 14, 2018 By: - (Signature) RESERVOIRS 17 AND 20 — EXTERIOR COATING REPLACEMENT FEBRUARY 2018 Simpson Sandblasting & Bidder: Special Coatings, Inc (Company Name) Title: President BID FORMS 00300-1 STATE OF California ) ) SS: COUNTY OF San Bernardino ) I HEREBY CERTIFY that a meeting of the Board of Directors of the Simpson Sandblasting & Special Coatings, Inc a corporation existing under the laws of the State of California held on February 13, 2018 2018, the following resolution was duly passed and adopted: "RESOLVED, that. Ryan Simpson as President of the Corporation, be and is hereby authorized to execute the Bid dated Feb 14 '2018, to the City of Bremerton by this corporation and that his 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 14th day Of February 201B. Secretary (SEAT.) RESERVOIRS 17 AND 20 — EXTERIOR COATING REPLACEMENT BID FORMS FEBRUARY 2018 00300-2 STATE OF ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the a partnership existing un&8 "RESOLVED, that the laws of the State of held on �,, 2018, the following resolution was duly passed and adopted: of th Partnership, be and is hereby authorized to execute the Bid dated 2018, the City of Bremerton by this partnership and that his/her execution thereof, atteste by the shall be the official act and deed of thi Partnership." 1 further certify that said resolution is now i IN WITNESS WHEREOF, I have hereunto set my 2018. (SEAL) force and effect. this Partner day of as RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT BID FORMS FEBRUARY 2018 00300-3 %ATEOFSS: Y OF ) I HERBY CERTIFY that a meeting of the Principals of the a joint venture existing unr the laws of the State of held on 018, the following resolution was duly passed and adopted: "RESOLVED, that as of the Joint Venture, be and is hereby authorized to exe to the Bid dated 2018, to the City of Bremerton by thi 'oint venture 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 fulNprce and effect. IN WITNESS WHEREOF, I have hereunto set my hand th 2018. Managing Partner (SEAL) day of RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT BID FORMS FEBRUARY 2018 00300-4 TE OF COU Y OF a limited liability (SEAL) ) SS: CERTIFY that a meeting of the Members of the "RESOLVED, that sting under the laws of the State of 018, the following resolution was duly passed and adopted: as members of the Limited Liab .ty Company, be and are hereby authorized to execute the Agreement dated 2018, to the City of Bremerton by triks limited liability company and that their execution thereof shall be the official act d deed of this Limited Liability Company." I further certify that said resolution is now in fi IN WITNESS WHEREOF, I have hereunto set my hand 2018. and effect. A Limited Liability By: By: day of Mem Member held on RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT BID FORMS FEBRUARY 2018 00300-5 THIS PAGE LEFT INTENTIONALLY BLANK RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT BID FORMS ' FEBRUARY 2018 00300-8 BID SCHEDULE RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT The following Bid Schedule must be filled out in accordance with the Contract Documents. The Bid Schedule must be completed by the Bidder 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 Rule 170 applies to this project. Bids will be evaluated on the basis of the TOTAL BID PRICE. NAME OF CONTRACTOR: Simpson Sandblasting & Special Coatings, Inc DATE OF BID OPENING: February 15 2018 BID ITEM ITEM DESCRIPTION COST IN DOLLARS & CENTS NO. 1 EXTERIOR COATING REPLACEMENT FOR $ 270,263.00 RESERVOIR 17 2 EXTERIOR COATING REPLACEMENT FOR $ 270,263.00 RESERVOIR 20 3 FORCE ACCOUNT $ 35,000.00 SUBTOTAL $ 575,526.00 SALES TAX ON SUBTOTAL @ 9.0% 51,797.34 TOTAL BID PRICE (SUBTOTAL PLUS SALES TAX) $ 627,323.34 RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT BID FORMS FEBRUARY 2018 00300-7 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT I A n=,Public or other office completing this certificate verifies only the identity of dual who signed the r comp' ' 0 the document which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before mkr" - personally appeared A who 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), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KATTIA RIOS COMM.2199599 z KATT'A RIOS M 4 2 599 z - P 199 WITNESS my hand and official seal. Notary Public: californij Co r B rna t IaNsan Bernardino County Comm. lees Am 29,2D211 Signa ur (Seal) 40000""OU�>r�fa►��ti�►r�4 � , Although tho mfoilrrmri ri t�o:his �ec-- C'r' S oy tal-r' A PrE'Ver'7 fr'aU(1" ef10� l* "j to an un'mlhotiled do( tirr'w't �Ir,lj mri., x iset I E,, rS o, n S re V I q On o 1, (3 neI ll o r i j r i f Description of Attached Document ---------- The preceding uerlilici-e or Acknowled-menr is attached to a �7) Method of Signer Identification - -- - - - - - - - --------- titled/for the purpose of jr [1)"'m the oa"i" jt )'�t q"IctA i kol-, -fl evew, il,ota,v lo�rnai on contain ina, pages, a-ia dated P'iceu ' The signers; capacity or authority is/are as: ,,,,t,: ;Other In !;J(t A,41 oroul iDfl5ct"qsi "d" rdt'jn"Consrvia t P,wner - I ir-teo/Cenll' I representing: �� �.r��v Ail KNOW ALL MEN BY THESE PRESENTS, That Simpson Sandblasting and Special Coatings Inc. as Principal, and The Ohio Casualty Insurance Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of Five percent (5%) of the total amount bid by the Principal dollars, (not less than 5 percent of the total amount of the Bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said OWNER to perform the WORK required under the bidding schedule(s) of the OWNER's Contract Documents entitled RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT. If the Principal is awarded the Bid and, within 14 calendar days after receipt of the Contract Document forms from the OWNER, fails to provide the OWNER with the duly executed Agreement; the duly executed Certificates of Insurance, the duly executed Performance Bond and the duly executed Payment Bond, all as specified in the Contract Documents, then the Surety shall, without condition and within 5 calendar days from written demand from the OWNER, pay to the OWNER in U.S. funds, by certified or cashiers check, the full amount of this Bid Bond. This Bond shall be irrevocable for 90 days after the bid opening, as defined in the Contract Documents. The Surety stipulates and agrees that the obligation of said Surety shall in no way be impaired or affected by an extension of the time within which the OWNER may accept such bid and Surety further waives notice of any such extension. In the event suit is brought upon this bond by said OWNER and OWNER prevails, said Principal and Surety shall pay all costs incurred by said OWNER in such suit, including reasonable attorney's fees and costs to be fixed by the court. SIGNED AND SEALED, this 14th day of February 2018 Simpson Sandblasting and Special Coatings, Inc. (Principal) (Signa re) ' (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) Address of Surety to which all notices shall be sent 790 The City Drive South Suite 200 Orange CA 92868 tAddress for Service of Process (must be a physical address) 1001 4th Avenue, Suite 3700, Seattle, WA 98154 RESERVOIRS 17 AND 20 — EXTERIOR COATING REPLACEMENT FEBRUARY 2018 (SEAL he Ohio Casualty Insurance Company(SEAL) (Surety) By: ¢-'f Shannon Lop torney-in-Fact (Signature) BID FORMS 00300-9 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On February 14, 2018 before me Raquel L. Soto, Notary Public, personally appeared Shannon Lopez who proved to me on the basis of satisfactory evidence to be the personal whose names) is/afe subscribed to the within instrument and acknowledged to me that be/she/#iey executed the same in #is/her/theif authorized capacity(ies), and that by Ms/her/theif signaturew on the instrument the person(}, or the entity upon behalf of which the person(G) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. RAQUEL L. SOTO Commission # 2131558 Notary Public • California z San Bernardino County y Signature (Seal) M Comm. Expires Nov 2f , 2019 _ 4W 1 .71 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. -This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No 7772834 ' Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY ■ KNOWN ALL PERSONS BY THESE PRESENTS. That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the Slate of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, ' Elizabeth Kolpien; Epi Carter; George A. DeCristo• Martin M. Davis; Peter M. Davis; Samantha Orf' Shannon Lopez all of the city of REDLANDS "state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seats of the Companies have been affixed thereto this 18th day of May 2017 /41 l+s - The Ohio Casualty Insurance Company N _ Liberty Mutual Insurance Company d l i J West gmerican Insurance Company = .. STATE OF PENNSYLVANIA ss David M Carey. Assistant Secretary i 6. COUNTY OF MONTGOMERY C On this 18th day of May 2017 , before me personally appeared David M Carey, who acknowledged himself to he, the Assistant Secrelary of Liberty Mutual Insurance V Company, The Ohio Casualty Company. and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes >,U)U) 7 therein contained by signing on behalf of the corporations by himself as a duly authorized officer Ill M a. E > IN WITNESS WHEREOF, 1 have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written, p Ot :3 r• r 4s, COMMONWEALTH of PENNSYLVANIA M e r Wanar $ens p 6 Z"4_4 N r • t �. s' Tenrsa Pa%te.la, Wiry Punitr. By Qom% _ (�C�J O M 5„ o� Upper annTwp. Monlgomery Cqunty T n,a r �e i_, J l � �'�b 6.C G�^ ilryvVP,My Comnussmn Exfrres Maretr 28..2.021 3 ttpv c G d rr r6 m This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company Liberty Mutual to p Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: O r t41 ARTICLE IV - OFFICERS- Section 12. Power WAttorney. Any officer or other official of the Corporation authnnzed for that purpose in wrillnq by the Ghairrnan or the President, and subject O C to such limitation as the Chairman or the President may prescribe. snail appoint such attorneys -in -fact, as may be necessary to art in behalf of the Corporation to make, execute, sea[, _ acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -Pact, subject to the limitations set forth in their respective :p +0; powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach )hereto the seal of the Corporation. When so 'M 2 � executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attorney-in-fact under > the provisions of this article may be rovoked at any time by the Board, the Chairman, Phe President of by the otficei or officers granting such power or authority. d 0 L ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for [hat purpose in writing by the chairman or the president, r. o0 and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, M V seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in [heir = 00 respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seat of the Company. When so 00 executed such instruments shall be as binding as if signed by the president and attested by the secretary, VV - O co Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company. authorizes David M. Garrey. Assistant Secretary to appoint such attorneys -in- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations, Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company. wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1. Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West Arnerican Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed The seals of said Companies this.. I q 'tL day of _ , 20A_ r''rsri, a LZ By: , I ssistant Secretary I81 of 100 LMS_12873 022017 The Bidder shall provide the following information for each Subcontractor who will perform work or labor or render service to the CONTRACTOR in or about the construction of the work or improvement, or a Subcontractor who, under subcontract to the CONTRACTOR, specially fabricates and installs a portion of the work or improvement 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 shall list only one Subcontractor for each portion of the WORK as is defined by the CONTRACTOR in its bid. If no Subcontractor is listed the bidder acknowledges that it does not intend to use any subcontractor whose work on the CONTRACT will exceed 10 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 TIME. S BCOMMACTOR #1 Company Name: Vertical Access, Inc Subcontractor License #: VERTIA837C2 Work to be performed Containment Address/Phone #: 10035 Greenleaf Avenue, Santa Fe Springs, CA 90670 Bid Amount and % of Total Bid: $128,000.00 20.5% SUBCONTRACTOR #2 Company Name: Subcontractor License #: Work to be performed: Address/Phone #: Bid Amount and % of Total Bid: SUBCONTRACTOR #3 Company Name: Subcontractor License #: Work to be performed: Address/Phone #: Bid Amount and % of Total Bid: SUBCONTRACTOR #4 Company Name: Subcontractor License #: Work to be performed: Address/Phone #: Bid Amount and % of Total Bid: RESERVOIRS 17 AND 20 — EXTERIOR COATING REPLACEMENT BID FORMS FEBRUARY 2018 00300-10 INFORMATION 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. ' Name of Contractor: Simpson Sandblasting & Special Coatings, Inc Primary Classification: Painting & Decorating ' Address 14665 Rancho Vista Drive Fontana, CA 92335 , Telephone: (909) 829-0000 Fax number: (909) 829-0023 E-mail address: estimating@simpsonsandblasting.com Name and contact information for proposed Project Manager: Rusty Simpson 951)233-7076 Employment Security Department Number 488172-001 Washington State Industrial Insurance Number 616,715-00 Washington State Unified Business Identification (UBI) Number 603 424 896 Washington State Contractor's Registration Number and Exp. Date SIMPSS8854JH Exp 04/30/2019 City of Bremerton Business License number 32490 * ifnot available must be obtained ctrior to mobilization Name, address, and telephone number of surety company and agent who will provide the required bonds this contract: The Ohio Casualty Insurance Company - George Decristo (909) 379-1328 RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT BID FORMS FEBRUARY 2018 00300-11 To be considered for award, the CONTRACTOR shall have completed at least three (3) projects of similar type, complexity, and comparable value to that WORK described in Notice Inviting Bids. ATTACH TO THIS BID, or provide within 24 hours of the Bid Opening, a list of three (3) projects minimum, completed by the CONTRACTOR, that are similar to the RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT in nature, value, and complexity of work. The projects must have been completed under the bidder's name as the prime (general) contractor within the last five (5) years.. The list shall include the following information as a minimum: • Names, address, and telephone number of owner. Please See Attached • Name of project. • Location of project. • Brief description of the work involved. • Contract amount. • Date of completion of contract. • Name, address, and telephone number of architect or engineer. • Name of owner's project engineer. • List of major equipment used. Additionally, include the following general information: • Years in business under current name: 12 years • Contracts now in hand, gross amount, and percent complete (include as attachment). RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT BID FORMS FEBRUARY 2018 00300-12 References/Experience Owner: City of Bremerton, 345 Sixth Street, Suite 100, Bremerton, WA 98337 Project: Reservoir 21 Exterior Coatings Replacement Location: Bremerton, WA Description: Full Containment, Blasting & Coating of Exterior of 3 MG Potable Water Tank Contract Amount: $508,409.79 Completion Date: - December 2017 Engineer: William J. Davis, 3027 Olympus Drive, Bremerton, WA 98310 (360) 473-2312 Project Engineer: William Davis,3027 Olympus Drive, Bremerton, WA 98310 (360) 473-2312 Owner: City of Carlsbad, 5950 EI Camino Real, Carlsbad, CA 92008 (760) 602-2780 ext 7312 Project: Elm, Ellery & Skyline Tanks Location: Carlsbad, CA Description: 2 -1.5 MG & 1 - 5 MG Interior and Exterior Rehabilitation Contract Amount: $1,191,494.47 Completion Date: December 24, 2014 Engineer: City of Carlsbad, 5950 EI Camino Real, Carlsbad, CA 92008 Project Engineer: Joe McMahon, 5950 EI Camino Real, Carlsbad, CA 92008 (760) 602-2780 Owner: City of Fullerton, 303 W. Commonwealth Avenue, Fullerton, CA 92832 Project: Tank Farm Location: Fullerton, CA Description: Interior/Exterior Coating Replacement of 6.5 MG Reservoir Contract Amount: $647,000.00 Completion Date: November 16, 2015 Engineer: City of Fullerton, 303 W. Commonwealth Avenue, Fullerton, CA 92832 Project Engineer: Brian Korcok, (760) 398-2661 ext 2510 NON -COLLUSION AFFIDAVIT STATE OF California ) ' ) COUNTY OF San Bernardino ) ss. Ryan Simpson being first duly sworn, deposes and says that he or she is of the party making the foregoing bid 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 to a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by ' agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, 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 1 interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, 1 or to any member or agent thereof to effectuate a collusive or sham bid. Signed: Subscribed and sworn to before me thtS4fh ay�fFebruary , 2f Not ry Public ' nd for the County of San Bernardino State of California KATTIA L 8108 (SEAL) p COMM. #2199599 z Notary Public- California " San Berardino Coon Cart 'G—s i ' RESERVOIRS 17 AND 20 — EXTERIOR COATING REPLACEMENT BID FORMS FEBRUARY 2018 0FORM 3 In accordance with Chapter 56, Laws of 1975 1st Extraordinary Session, Certification 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 Simpson Sandblasting & Special Coatings, Inc Address 14665 Rancho Vista Drive, Fontana, CA 92335 Internal Revenue Service Employer Identification No. 51-0566896 a. Contractor has participated in a previous contract Yes No_ or subcontract subject to the Equal Opportunity Clause. b. Compliance reports were required to be filed in Yes No_ connection with such contract/subcontract. c. Contractor has filed all compliance reports required by Yes X No_ ' Executive Orders 10925, 11114,11246 or by regulations of the Equal Opportunity Commission issued pursuant to Title VII of the Civil Rights Act of 1964. d. If answer to item V is "no", please explain in detail in the space below. CERTIFICATION: I, the undersigned, certify that the information above is true and complete to the best of my knowledge and belief. Simpson Sandblasting & Special Coatings, Inc Company Name Ryan Simpson, President Name and Title of Signer (please type or print clearly) February 14, 2018 Signature Date RESERVOIRS 17 AND 20 — EXTERIOR COATING REPLACEMENT BID FORMS ' FEBRUARY 2018 00300-14 (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 control, where segregated facilities are maintained. The federally assisted construction contractor certified, further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not 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 national 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 $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such, certification in this file. CERTIFICATION: 1, the undersigned, certify that the information above is true and complete to the best of my knowledge and belief. Simpson Sandblasting & Special Coatings, Inc Company Name ' Ryan Simpson, President Name and Title of Signer (please type or print clearly) Signature RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 February 14, 2018 Date BID FORMS 00300-15 INSTRCICTIONS TO B1DD S. THIS FORM SHALL BE EXECUTED BY THE CONTRACTOR AND SUBMITTED WITH THE BID. THE CONTRACTOR SHALL MAKE COPIES AND DISTRIBUTE THIS FORM TO ALL SUBCONTRACTORS. SUBCONTRACTORS MUST SUBMIT THIS FORM TO THE CITY PRIOR TO PERFORMING ANY WORK ON THIS PROJECT. As a prospective contractor for working with the City of Bremerton and as a requirement 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 for 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 from participation in this transaction by any federal department or agency. If, at anytime during the term of the contract, such condition occurs the Contractor will notify the City without delay. CERTIFICATION• I, the undersigned, certify that the information above is true and complete to the best of my knowledge and belief. Simpson Sandblasting & Special Coatings, Inc Company Name Ryan Simpson, President Name and Title of Signer (please type or print clearly) Signature RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 February 14, 2018 Date BID FORMS 00300-16 The undersigned bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date for this Project, that the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. "I certify under penalty of perjury under the laws of true and correct." S ignaSusey Print Name and Title: Ryan Simpson, President State of Washington that the foregoing is Date: February 14 2018 Location or Place executed: (City, State) Fontana, CA Check One: Individual ❑ Partnership ❑ Joint Venture ❑ Corporation$( State of Incorporation, or if not a corporation, State where business entity was formed: California If a co -partnership, give firm name under which business is transacted: 1 * If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co -partnership, proposal must be executed by a partner. 1 END OF BID FORMS RESERVOIRS 17 AND 20 — EXTERIOR COATING REPLACEMENT BID FORMS FEBRUARY 2018 00300-17 SECTION 00500 AGREEMENT THIS AGREEMENT is dated the day of 14"At, in the year 2018 by and between City of Bremerton (hereinafter called OWNER) and Simpson Sandblasting & Special Coatings, Inc (Hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the OWNER's Contract Documents entitled RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT ARTICLE 2. CONTRACT TIMES. Substantial Completion for the WORK must be achieved not later than 100 calendar days 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. ARTICLE 3. LIQUIDATED DAMAGES. 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 Supplementary 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 750 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). ARTICLE S. PAYMENT PROCEDURES. 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) t RESERVOIRS 17 AND 20 — EXTERIOR COATING REPLACEMENT AGREEMENT FEBRUARY 2018 00500-1 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. 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. 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 AND 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) RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT AGREEMENT ' FEBRUARY 2018 00500-2 A 1 t 1 1 i 17 1 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 party 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 (except to the extent that the effect of this restriction may be limited 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 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. 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 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 day and year first above written. OWNER:—City of Bremerton w (sVr By Greg Wheeler. Mayor (printed name) Attes Address for giving notices City of Bremerton. Engineering, 345 6th St, Ste 100, Bremerton WA 98337 Approved as to For i gnature) City Attorney (Title) CONTRACTO&, V- ../I SiiflG��S �� �' 122, ( - (signature) By A&I (printed'name) [CORP RATE SEAL] r Attest a , ,gn-o Address for giving notices 63 4,7c Nu 11 .�✓ ly_l�r r'p"7/'�'lv, License No.& Agent for service of process: RESERVOIRS 17 AND 20 — EXTERIOR COATING REPLACEMENT AGREEMENT FEBRUARY 2018 00500-3 THIS PAGE LEFT INTENTIONALLY BLANK Ly� A 1 1 1 E f r 1 1 1 AGREEMENT CERTIFICATE (if Corporation) STATE OF O—aXz ) SS: COUNTY OF`Jar�(rlcb�c�w I HEREBY CERTIFY that a meeting of the Board of Directors of the n a corporation existing under the laws of the State ofheld on D �, \ 1 uo, Qol?) 2018, the following resolution was duly passed and adopted: "RESOLVED, that ( as President of the Corporation, be and is hereby authorized to execute the Agreement dated i Lt 2018, 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 1 day of A04 --i 1 12018. Secretary (SEAL) RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT AGREEMENT FEBRUARY 2018 00500-4 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 , 2018, the following resolution was duly passed and adopted: (SEAL) "RESOLVED, that as of the Partnership, be and is hereby authorized to execute the Agreement dated 2018, 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 certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of 2018. Partner RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT AGREEMENT FEBRUARY 2018 00500-5 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 , 2018, 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 2018, 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 hereunto set my hand this day of 2018. Managing Partner (SEAL) RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT AGREEMENT FEBRUARY 2018 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 _ . 2018, the following resolution was duly passed and adopted: (SEAL) "RESOLVED, that . and as members of the Limited Liability Company, be and are hereby authorized to execute the Agreement dated 2018, 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 2018. A Limited Liability Company By: Member By; Member END OF AGREEMENT FORMS RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT AGREEMENT FEBRUARY 2018 00500-7 IBond No. 024065661 Premium: 9,773.00 Stated premium is fully earned. Premium is for the contract term SECTION 00610 and is subject to adjustment based on final contract p rice. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That Simpson Sandblasting & Special Coatings, Inc as CONTRACTOR, and The Ohio Casualty Insurance Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of Six hundred twenty-seven thousand, three hundred twenty-three dollars and thirty-four cents ($627,323.34) dollars. for the payment of which sum, well and truly to be made, we bind ourselves, our 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 to enter into the annexed Agreement with said OWNER to perform the WORK as specified or indicated in the Contract Documents entitled "CITY OF BREMERTON, RESERVOIRS 17 AND 20 — EXTERIOR COATING REPLACEMENT"; now, therefore, In the event CONTRACTOR fails to timely or properly perform any of the requirements of the Contract Documents at the times and in the manner contained therein, the Surety shall be liable under this bond up to the amount of the bond for the full amount of the OWNERS's expenses to construct or repair all work as well as all loss, cost, expense or damage suffered by the OWNER in excess of the Contract amount due to the CONTRACTOR'S failure to comply with any contract or permit conditions or other applicable laws and regulations. The Surety agrees that within 30 calendar days of receiving notice that the OWNER has declared a CONTRACTOR default and formally terminated the CONTRACTOR'S right to complete the Contract pursuant to its terms and conditions and that the CONTRACTOR has defaulted on all or part of the terms guaranteed by this bond, the Surety shall either: 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 OWNER agrees to pay the balance of the Contract price to the Surety in accordance with the terms of the Contract, or 2. Tender to the OWNER the demanded sum, up to the amount of the bond. However, if the amount necessary for the OWNER to cure the default is less than the amount tendered, the OWNER will return, without interest, any overpayment to the Surety. PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety hereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. RESERVOIRS 17 AND 20 -- EXTERIOR COATING REPLACEMENT PERFORMANCE BOND FEBRUARY 2018 00610-1 PERFORMANCE BOND (page 2 of 2) The obligation of the Surety shall include reimbursing the City for all costs and expenses, (including, but not limited to fees and charges of engineers, architects, attorneys, and other professionals, and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond. The CONTRACTOR hereby agrees that the CONTRACTOR'S obligation to perform the required work is not limited to the amount of funds held by the Surety. This bond is irrevocable and cannot be canceled by the Surety or the CONTRACTOR This bond shall remain in full force and effect for a period of one (1) year following final acceptance of the project by the City, and until the bond is released in writing by the OWNER at the written request of the Surety or CONTRACTOR. IN WITNESS WHEREOF, we have hereunder set our hands and seals this 16th day of April 2018. (SEAL) Simpson Sandblasting and Special Coatings, Inc. (CONTRACTOR) By: (Signature and SEAL The Ohio Casualty Insurance Company (SEAL) (Surety) By: (Sig to)orney-in-Fact and SEAL) Shannon L pez, t(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) tAddress of Surety to which all notices shall be sent~ I Address of Surety for service of process: (must be a physical address) ' RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 The Ohio Casualty Insurance Company 24001 E. Mission Ave., Suite 100 Liberty Lake, WA 99019 Same PERFORMANCE BOND 00610-2 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On,2u before me Raquel L. Soto, Notary Public, personally appeared Shannon Lopez , who proved to me on the basis of satisfactory evidence to be the persons) whose nameko is/a-pe subscribed to the within instrument and acknowledged to me that 14e/she/they executed the same in #is/her/th& authorized capacity#es-}, and that by 4is/her/th& signatureko on the instrument the personal, or the entity upon behalf of which the person{o acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.,. RAOUEL L. SOTO Commission # 2131558 a -s Notary Public - California z ' San Bernardino County n Signature (Seal) My Comm. Expires Nov 21, 2019 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. ' This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7994498 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Epi Carter; Martin M. Davis; Peter M. Davis; George A. DeCristo; Elizabeth Kolpien; Shannon Lopez; Samantha Orf all of the city of REDLANDS state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 31st day of January 2018 P�ZY INsI, P�tNSUP r� p 1919 12 1991 s: Z s il t a r �.5. �NhMG>`^Q aa� 93 43SAi!N �Cy �2 � p10UN� STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: David M. Carey' Assistant Secretary On this 31st day of January 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. 1 ya PASp COMMONWEALTHOFPENNSYLVANIA c° �? P Notarial Seat Teresa Pastella, Notary Public By: of Upper MerionTwp., MontgomeryCounty Teresa Pastella, Notary Public yP�\p My Commission Expires March 28,2 2 1 Ry 8,2021 RY Member. Pennsylvania Association of Notaries This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS — Section 12. Power of Attomey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys4n-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, Z Useal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. ' Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. ' I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. n IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 16111 day of I lX 201_ . ' �L(Y INStrR Pti �NSUr,y rty tNSug7 ,J±vxw+nr�9�r, �,��onaoatre��c� oP"°r'r:�,. 0 1919 0 > 19121991 r gY Renee C. Llew , ssistant Secretary 17 of 200 LMS_12873_022017 5, M 70 V) to m C .N C co c = O U AUJ O W O E L O CL Q� 4-4 O i is N C 3M O E aCZ .N O ,E O 4- O c +� O �a 3 y0 q 4' CV Ec? L CV co = co O CD U� O H� IBond No. 024065661 SECTION 00610 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, Premium included in Performance Bond ' That Simpson Sandblasting & Special Coatings, Inc asCONTRACTOR, and The Ohio Casualty Insurance Company as Surety, ' are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of Six hundred twenty-seven thousand, three hundred twentv-three dollars and thirty-four cents ' ($627,323.34) dollars, for the payment of which sum, well and truly to be made, we bind ourselves, our 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 to enter into the annexed Agreement with said OWNER to perform the WORK as specified or indicated in the Contract Documents entitled "CITY OF BREMERTON, RESERVOIRS 17 AND 20 — EXTERIOR COATING REPLACEMENT"; now, therefore, ' If said CONTRACTOR, or subcontractor, fails to pay for any materials, equipment, or other supplies, or for rental of same, used in connection with the performance of work contracted to be done, or for amounts due under applicable State law for any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and, in the event suit is brought upon this bond, reasonable attorney's fees to be fixed 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 their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes ' in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said CONTRACTOR or ' said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. The obligation of the Surety shall include reimbursing the City of all costs and expenses, (including, ' but not limited to fee and charges of engineers, architects, attorneys, and other professionals, and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond. ' RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT PAYMENT BOND FEBRUARY 2018 00620-1 PAYMENT BOND (page 2 of 2) IN WITNESS WHEREOF, we have hereunder set our hands and seals this 16th day of April 2018. Simpson Sandblasting and Special Coatings, Inc. (CONTRACTOR) L% (Signature and SEA) The Ohio Casualty Insurance Company (Surety) By: (SiAaNre and SEAL) Shanno opez, ttorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Address of Surety to which all notices shall be sent The Ohio Casualty Insurance Company 24001 E. Mission Ave.. Suite 100 Libertv Lake, WA 99019 Address of Surety for service of process: Same (must be a physical address) I' RESERVOIRS 27 AND 20 --EXTERIOR COATING REPLACEMENT PAYMENT BOND FEBRUARY 2018 00620.2 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On (�s before me Raquel L. Soto, Notary Public, personally appeared Shannon Lopez , who proved to me on the basis of satisfactory evidence to be the persons} whose nameko is/afe subscribed to the within instrument and acknowledged to me that he/she/tliey executed the same in kris/her/their authorized capacity¢iao, and that by #+s/her/their signatureko on the instrument the person{}, or the entity upon behalf of which the person'(64 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. RAOUEL L. 10T0 Commission # 2131558 z. -o Notary Fublip - California z Signature , / (Seal) Z ' San Bernardino County r My Comm. Expires Nov 21, 201Yy THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. ' This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7994499 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Epi Carter; Martin M. Davis; Peter M. Davis; George A. DeCristo; Elizabeth Kolpien; Shannon Lopez; Samantha Orf all of the city of REDLANDS state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations: in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 31st day of January 2018 LZYINSU L\NSUR r:> The Ohio Casualty Insurance Company 0 1919 1912 R 1991 Liberty Mutual Insurance Company y a West merican Insurance Company O -'i1 By: STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary COUNTY OF MONTGOMERY On this 31st day of January 2018 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. �gP PAS,,. OF PENNSYLVANIA Q%�� 1�Qo*Kouw�^= v I Notarial Seal Teresa Pasteila, Notary Public By: OF Upper MerionTwp., Montgomery County Teresa Pastella, Notary Public tea' My Commission Expires March 28, 2021 AFlY V Member. Pennsylvania Association of Notaries This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and (Nest American Insurance Company do hereby certify that the original power of attorney of which the foregoing is.a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1101(t day of Myd 20_ . JA-0INS&'s'q JALitiSUn�ry `P�1NSUq,1y h .�` °r� y ,•c yon°t+ar� �. ��t _�t1'rM°:�ti �� e V0 triG�f /�"a"`rr p 1919 o r 1912 1991 By; ro O.Mnrm �aD 9�)rr�"SRcxU`,�s�y!? Renee C. Lie w ssistant Secretary 18 of 200 LMS 12873 022017 N N d C In XI Version: 06-03-16 CITY OF BREMERTON STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.or� Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. CITY OF BREMERTON ICrfY OF BREMERTON STANDARD GENERAL CONDITIONS THIS PAGE LEFT INTENTIONALLY BLANK 1 1 [1 1 IJ 1 1 L' STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology......................................................................................................... 1 1.01 Defined Terms............................................................................................................................. 1 1.02 Terminology................................................................................................................................ 5 Article2 — Preliminary Matters........................................................................................................................ 7 2.01 Delivery of Bonds and Evidence of Insurance........................................................................... 7 2.02 Copies of Documents................................................................................................................... 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 Article 3 — Contract Documents: Intent, Amending, Reuse........................................................................... 8 3.01 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 Conditions; Reference Points.......................................................................................................... 11 4.01 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............................................................................. 14 Article5 — Bonds and Insurance..................................................................................................................... 16 5.01 Performance, Payment, and Other Bonds.................................................................................. 16 5.02 Licensed Sureties and Insurers................................................................................................... 16 5.03 Certificates of Insurance............................................................................................................. 16 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 5.04 Contractor's Insurance ................................. ARTICLE 6 -contractor's Responsibilities .......................................... 6.01 Supervision and Superintendence ...................................... 6.02 Labor; Working Hours ....................................................... 6.03 Services, Materials, and Equipment ................................... 6.04 Progress Schedule............................................................... 6.05 Proposed Substitutions or "Or -Equal" Item ....................... 6.06 Concerning Subcontractors, Suppliers, and Others........... 6.07 Patent Fees and Royalties ................................................... 6.08 Permits................................................................................ 6.09 Laws and Regulations........................................................ 6.10 Taxes................................................................................... 6.11 Use of Site and Other Areas ............................................... 6.12 Record Documents............................................................. 6.13 Safety and Protection.......................................................... 6.14 Safety Representative......................................................... 6.15 Hazard Communication Programs ..................................... 6.16 Emergencies........................................................................ 6.17 Submittals........................................................................... 6.18 Continuing the Work.......................................................... 6.19 Contractor's General Warranty and Guarantee ................. 6.20 Indemnification................................................................... 6.21 Delegation of Professional Design Services ...................... ......................... 17 .................................................... 20 .................................................... 20 .................................................... 21 .................................................... 21 .................................................... 22 .................................................... 22 .................................................... 25 .................................................... 26 .................................................... 26 .................................................... 27 .................................................... 27 .................................................... 28 .................................................... 29 .................................................... 29 .................................................... 30 .................................................... 31 .................................................... 31 .................................................... 31 .................................................... 33 .................................................... 33 .................................................... 34 ................................................... 35 Article 7 - Other Work at the Site.................................................................................................................. 36 7.01 Related Work at Site................................................................................................................... 36 7.02 Coordination............................................................................................................................... 36 7.03 Legal Relationships.................................................................................................................... 37 Article 8 - Owner's Responsibilities ................................... 8.01 Communications to Contractor ....................... 8.02 Replacement of Engineer ................................ 8.03 Furnish Data .................................................... 8.04 Pay When Due ................................................. 8.05 Lands and Easements; Reports and Tests ....... 8.06 Insurance.......................................................... 8.07 Change Orders ................................................. 8.08 Inspections, Tests, and Approvals .................. CITY OF BREMERTON .................................. 37 .................................. 37 .................................. 37 .................................. 37 .................................. 37 .................................. 37 .................................. 38 .................................. 38 .................................. 38 STANDARD GENERAL CONDITIONS I 8.09 Limitations on Owner's Responsibilities................................................................................... 38 8.10 Undisclosed Hazardous Environmental Condition................................................................... 38 tArticle 11 — Cost of the Work; Allowances; Unit Price Work...................................................................... 43 11.01 Cost of the Work........................................................................................................................ 43 11.02 Allowances................................................................................................................................. 45 11.03 Unit Price Work.......................................................................................................................... 46 Article 12 — Change of Contract Price; Change of Contract Times.............................................................. 47 12.01 Change of Contract Price........................................................................................................... 47 12.02 Change 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........................................................................................................................... 51 13.03 Tests and Inspections.................................................................................................................. 52 13.04 Uncovering Work....................................................................................................................... 53 13.05 Owner May Stop the Work........................................................................................................ 53 13.06 Correction or Removal of Defective Work............................................................................... 53 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 8.11 Compliance with Safety Program.............................................................................................. 38 Article 9 — Engineers Status During Construction........................................................................................ 38 9.01 Owner's Representative............................................................................................................. 38 9.02 Visits to Site................................................................................................................................ 38 9.03 Resident Project Representative................................................................................................. 39 39 9.04 Authorized Variations In Work.................................................................................................. 9.05 Rejecting Defective Work.......................................................................................................... 9.06 Submittals, Change Orders and Payments................................................................................. 39 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 41 Article 10 —Changes in the Work; Claims..................................................................................................... 10.01 Authorized Changes in the Work............................................................................................... 41 10.02 Unauthorized Changes in the Work........................................................................................... 41 10.03 Execution of Change Orders...................................................................................................... 41 10.04 Notification to Surety................................................................................................................. 42 10.05 Claims......................................................................................................................................... 42 tArticle 11 — Cost of the Work; Allowances; Unit Price Work...................................................................... 43 11.01 Cost of the Work........................................................................................................................ 43 11.02 Allowances................................................................................................................................. 45 11.03 Unit Price Work.......................................................................................................................... 46 Article 12 — Change of Contract Price; Change of Contract Times.............................................................. 47 12.01 Change of Contract Price........................................................................................................... 47 12.02 Change 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........................................................................................................................... 51 13.03 Tests and Inspections.................................................................................................................. 52 13.04 Uncovering Work....................................................................................................................... 53 13.05 Owner May Stop the Work........................................................................................................ 53 13.06 Correction or Removal of Defective Work............................................................................... 53 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 13.07 Correction Period........................................................................................................................ 54 13.08 Acceptance of Defective Work.................................................................................................. 54 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 14.05 Partial Utilization........................................................................................................................ 60 14.06 Final Inspection.......................................................................................................................... 61 14.07 Final Payment............................................................................................................................. 61 14.08 Final Completion Delayed......................................................................................................... 64 14.09 Waiver of Claims........................................................................................................................ 64 Article 15 — Suspension of Work and Termination........................................................................................ 64 15.01 Owner May Suspend Work........................................................................................................ 64 15.02 Owner May Terminate for Cause.............................................................................................. 64 15.03 Owner May Terminate For Convenience.................................................................................. 65 15.04 Contractor May Stop Work or Terminate.................................................................................. 66 Article 16 — Dispute Resolution...................................................................................................................... 66 16.01 Methods and Procedures............................................................................................................ 66 Article17 — Miscellaneous............................................................................................................................. 67 17.01 Giving Notice............................................................................................................................. 67 17.02 Computation of Times................................................................................................................ 67 17.03 Cumulative Remedies................................................................................................................ 67 17.04 Survival of Obligations.............................................................................................................. 67 17.05 Controlling Law.......................................................................................................................... 67 17.06 Headings..................................................................................................................................... 67 17.07 Administrative Procedures and Forms....................................................................................... 68 17.08 Right to Audit............................................................................................................................. 68 17.09 Severability................................................................................................................................. 68 17.10 Waiver......................................................................................................................................... 69 Article 18 — WASHINGTON STATE REQUIREMENTS........................................................................... 69 18.01 Trench Excavation Safety Systems............................................................................................ 69 18.02 Payment of Prevailing Wages.................................................................................................... 69 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 18.03 Water Pollution Control Requirements..................................................................................... 71 18.04 Prevention of Environmental Pollution & Preservation of Public Natural Resources ............. 71 1 1 1 1 1 u ICITY OF BREMERTON STANDARD GENERAL CONDITIONS THIS PAGE LEFT INTENTIONALLY BLANK f' 1 1 1 1 1 ll u r I ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms In A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. 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. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 3. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 4. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 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 Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 10. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 11. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 12. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-1 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. 14. Conformed Contract Documents — Contract Documents issued for construction that include the Agreement, Bonds, Insurance and Addenda. 15. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 16. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 17. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 18. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 19. Contractor—The individual or entity with whom Owner has entered into the Agreement. 20. Cost of the Work—See Paragraph 11.01 for definition. 21. Design Engineer — The City's Consulting Engineer, or staff Engineer who prepared the drawings and specifications. 22. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 23. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 24. Engineer—The Engineer is defined as the City Engineer of the City of Bremerton, Washington. 25. Engineer's Project 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-2 26. Final Completion and 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 r evidenced by the Engineer's Notice of Final Completion and Acceptance. 27. General Requirements—Sections of Division 1 of the Specifications. 28. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 29. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section M 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 and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 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 --The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 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 perform the Work under the Contract Documents. 36. Owner—The Owner is defined as the City of Bremerton, located at 345 6t' Street, WA 98337. 37. Payment Bond – 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. 39. Performance Bond – The form of security approved by the Owner and furnished by the 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. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square CITY OF BREMERTON STANDARD GENERAL CONDITIONS 1 00700-3 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 Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 42. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 43. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 44. Resident Project Representative—The authorized agent or employee of the Engineer 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 Manager. 45. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 46. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 47. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 48. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 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. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 51. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 52. Substantial Completion—The time at which the Work (or a specified part thereof) has reached a level of completion where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, to be utilized for the purposes for which it is intended, as evidenced by Engineer's Notice of CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700 Substantial Completion. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 53. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 54. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 55. Supplier—A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be Incorporated in the Work by Contractor or Subcontractor. 56. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements 1 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 furnishing, 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. r1.02 Terminology A. The words and terms 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. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-5 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: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-6 t ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance ' A. When the Contractor delivers the signed Agreement to the Owner, the Contractor shall also deliver such Bonds, insurance policies and insurance certificates in the number of copies as the Contractor may be required to furnish in accordance with the Contract Documents. 2.02 Copies of Documents A. The Owner shall 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. 1 2.03 Commencement of Contract Times; 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 the Contract Documents in form for Signatures. 1 C. Within fifteen (15) business days after receiving from the Owner Notice of Award and the Contract 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 Starting the Work A. 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 Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. A preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. A preliminary Schedule of Submittals; and 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 1 00700-7 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 Preconstruction Conference, Designation of Authorized Representatives A. Prior to issuance of the Notice to Proceed, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to and approved by the Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-8 3.02 3.03 Reference 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 time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had knowledge or should have known thereof. B. Resolving Discrepancies: 1. In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents, the order of precedence shall be as follows: a. Permits from other agencies as may be required by law CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-9 3.04 3.05 b. Change Orders c. Agreement d. Addenda e. Contractor's Bid (Bid Form) f. Supplementary Conditions g. General Conditions h. Technical Specifications i. Referenced Standard Specifications j. Drawings With reference to the Drawings the order of precedence is as follows: a. Dimensions govern over scaled dimensions. b. Detail drawings govern over general drawings. c. Addenda and Change Order drawings govern over any other drawings. d. Contract Drawings govern over standard drawings. 2. 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). Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. However, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. 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. Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. Have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. Reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-10 r 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. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any 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 Availability of Lands 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. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. 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 Subsurface and Physical Conditions A. The Supplementary Conditions Idents: 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 Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-11 EXII91 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: The completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. Other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. Any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. Deering Subsurface or Physical Conditions 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 Differs materially from that shown or indicated in the Contract 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. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of obtaining additional exploration or tests with respect thereto, and provide a determination in writing to the Contractor. 1. 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 3.04A.2. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if- a. i a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-12 4.04 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. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. Underground Facilities A. Shown or Indicated.- The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. The cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. Reviewing and checking all such information and data; b. Locating all Underground Facilities shown or indicated in the Contract Documents; c. Coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. The safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. 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 shall 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-13 B. Not Shown or Indicated: I. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 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. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-14 1 1 n ri 1 n E 1. The completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. Other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. Any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide 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 Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, CITY OF BREMERTON STANDARD GENERAL CONDITIONS 1 00700-15 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 4.06.1-1 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 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish both performance and payment bonds. Each bond shall be for 100% of 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 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.0 1.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-16 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 maintain 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 Contractor's Insurance 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 limits 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 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 evidence thereof) 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 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: 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 monopolistic states shall be provided under either a worker's compensation policy or general liability policy. The CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-17 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 for the Contractor or insure the activities of the Subcontractors under the Contractor's own policies. 5. Builder's Risk: See Supplementary Conditions for Builders Risk requirements 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: 1. State: Statutory 2. Applicable Federal (e.g., USL&H): Statutory CrrY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-18 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. 3. Employer's Liability: $2,000,000 b. Comprehensive General Liability: 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-19 2. POLICIES written on a "claims made basis" are not acceptable. I 3. Policies shall include premises/operations, products, completed operations, independent contractors, 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 rights of subrogation against the Owner, the Engineer, 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 which 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 payment will be made. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-20 means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 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; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 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. 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 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. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, startup, and completion of the Work. ' B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-21 6.05 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, except as otherwise may be provided in the Contract Documents. , Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. 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. Proposed Substitutions or "Or -Equal" Item ' A. Whenever materials or equipment are identified on the "List of Proposed Substitutes" form 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: , 1. 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 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-22 ' 2. The Engineer will evaluate each proposed substitution within a reasonable period of time. 3. The Engineer will record the time required by the Engineer in evaluating submittals for 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: I1. 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. i5. 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS ' 00700-23 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 Engineer will record the time required by the Engineer in evaluating submittals for 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: I1. 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. i5. 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS ' 00700-23 WORK, whether or not the Engineer accepts the proposed substitution or proposed equipment or material. E. Submittal requirements for proposed 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 requirements necessitated by the proposed substitution. 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 symbols, 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. Reproducible contract drawings, marked up to illustrate the alterations to all structural, architectural, mechanical, electrical and HVAC systems required to accommodate the proposed substitution. 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 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-24 ' 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 6.06.13), 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 Owner -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 list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: ' 1. Shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, ' Supplier or other individual or entity; nor 2. Shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. ' D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-25 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 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the 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 Permits 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 6.0813, below to be paid for by the Owner. The 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-26 , 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. 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. 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 I 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. '�J L� J 6.10 Taxes A. The Contractor shall collect from the 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 1 00700-27 6.11 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 withholding taxes, , 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. Use of Site and Other Areas 1 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 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. 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. 3. The Contractor's indemnification obligations for all claims and liability, arising directly, 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. Removal of Debris During Performance of the Work: During the progress of the Work , Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. ' C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Stnictures: 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. C CITY OF BREMERTON STANDARD GENERAL, CONDITIONS 00700-28 ' 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 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 Safety and Protection A. Contractor shall be solely responsible for compliance with all applicable laws and requirements pertaining to initiating, maintaining and supervising all safety precautions and programs at the site. 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 develop and implement a written safety program for the project and and shall provide the necessary protection to prevent damage, injury or loss: 1. The site-specific safety plan must be kept on-site and address the safety and health hazards of each phase of site operations, including employee procedures and requirements. 2. All persons on the Site or who may be affected by the Work including the Site Safety and Health Supervisor; CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-29 6.14 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 4. 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. 5. Emergency response plan meeting requirements WAC 296-843-15005 B. Contractor shall conform to OSHA & WISHA and all other applicable federal, state, county and local laws, ordinances, codes and regulations relating to the safety of persons or property, or to the protection of persons or property Where any of these are in conflict, the more stringent requirement shall be followed. Contractor's failure to thoroughly familiarize himself with the aforementioned safety provisions shall not relieve him from compliance with obligations and penalties set forth therein. C. 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. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. 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 directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. 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 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). Safety Representative A. Contractor shall appoint a qualified and experienced Site Safety and Health Supervisor at the site whose duties and responsibilities shall include, enforcing State of Washington — WISHA/OSHA regulations regarding excavations, preventing accidents, and maintaining and supervising construction site health and safety precautions and programs. The City's Representative shall provide for general site health and safety monitoring. B. Should the City Representative or any authorized representative of a regulatory agency report a violation of the safety and health regulations to the Site Safety and Health Supervisor, The City Project Manager shall be notified immediately. The Contractor shall take immediate and decisive corrective action. If the contractor fails or refuses to promptly accede to the compliance directive, the Engineer, or his designee, may issue an order to suspend all or part of the work. Failure of the Engineer, or CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-30 ' ' his designee, to order discontinuance of any or all of the Contractor's operations shall not relieve the Contractor of responsibility for safety. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site ' or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are ' required as a result 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 Submittals ' A. Contractor shall submit Shop Drawings and Samples to Engineer for review in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal 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. Samples. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog ' numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. 1 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 1 00700-31 C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. Reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. 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 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 satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-32 ' ' E. Resubmittal Procedures: 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 Continuing the Work ' A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor ' may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee ' A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, 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. Normal wear and tear under normal usage. ' C. 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 payment by Owner of any progress or final payment; ' 3. The issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; ' 4. Use or occupancy of the Work or any part thereof by Owner; 5. Any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice ' of acceptability by Engineer; 1 LJ CITY OF BREMERTON STANDARD GENERAL CONDITIONS ' 00700-33 1 6. Any inspection, test, or approval by others; or 7. Any correction of defective Work by Owner. 8. Owner's routine operation and maintenance after Substantial Completion is attained. Indemnification A. 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: 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 otherwise specifically stipulated in this Agreement; 5. Liability or claims arising directly or indirectly from the breach of any warranties, whether express or implied, made to the Owner and/or 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; CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-34 ' ' 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. ' 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 Paragraph 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 I employee benefit acts. D. The Contractor and Owner acknowledge and agree that the Contractor's immunity under ' industrial insurance, Title 51 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 Delegation of Professional Design Services ' A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, ' techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-35 Documents. Engineer's review of Shop Drawings and other submittals (except design 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. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, 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 Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. D. Additional requirements for coordination between the Contractor, other contractors and the Owner's forces are set forth in Division 1 — General Requirements. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-36 , 1. The individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. The specific matters to be covered by such authority and responsibility will be itemized; and 3. The extent of such authority and responsibilities will be provided. 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. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of Replacement of Engineer, Owner shall appoint an engineer whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-37 tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.C. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-38 I accordance with the Contract Documents. Engineer will not be required to make 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 Resident Project Representative R 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 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 Authorized Variations 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 the relevant Sections of Division 1 — General Requirements. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Submittals, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Submittals, see Paragraph 6.17. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-39 9.07 I: EMS, B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to 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 decision 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 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. 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. Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not 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 inspection, tests and approvals, and other documentation required to be delivered by Paragraph CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-40 1 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. D. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 —CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work Involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). W B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 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. D. 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. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 1 10.03 Execution of Change Orders f 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 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-41 2. Changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 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 Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required. All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, 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 paragraph 12.02. Each Claim shall be accompanied by Contractor's or Owner's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event and covers all amounts (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 time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. Deny the Claim in whole or in part; 2. Approve the Claim; or CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-42 11 3. Notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.13 will be final and binding upon Owner and Contractor, unless Owner or Contractor files suit pursuant to Article 16. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included.• The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, 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 11.0l.B, and shall include only the following items: Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 1 0070043 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 maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. 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 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 5.06.1)), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-44� i LJ A i 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. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.O1.A.1 or specifically covered by Paragraph 11.O1.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 equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.0 LA. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.OLA and 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: CITY OF BREMERTON STANDARD GENERAL CONDITIONS 1 00700-45 1. Contractor agrees that: a. The cash allowances include the cost to Contractor (less any applicable trade discounts) 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 payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees 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 times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: The total cost of a particular item of Unit Price 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 indicated in the Agreement; and 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 that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-46 E. 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. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price constitutes the total compensation payable to the Contractor for performing the Work. All duties, responsibilities, and obligations assigned 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 an 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 11.03); or 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.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 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit for the cost of extra work as defined in Paragraph 12.0I.D shall be determined as follows: 1. A mutually acceptable fixed fee; or 2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the extra Work: 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, each tier of Subcontractor fees may be marked up no more than 7%. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 1 00700147 c. No fee shall be payable on the basis of costs itemized under Paragraph 11.01.13; d. The amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and 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 12.01.C.2.a through 12.01.C.2.d, inclusive. D. Cost of Extra Work.- The term "cost of extra work" shall mean the sum of all costs necessarily incurred and paid by the Contractor for labor, materials, equipment and special services in the proper performance of extra work as approved by the Engineer. Except as otherwise may be 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 11.0I.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 shall 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 work items 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 007008 t II 1, i 1 LI the Work, less trade discount. The Owner reserves the right to furnish materials for the extra work and no claim will be allowed by the Contractor for costs and profit on such materials. 3. Equipment: The amount of payment for any Contractor -owned equipment that is utilized shall be determined according to the version of the AGC/WSDOT Equipment Rental Agreement which 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 all fuel, oil, lubrication, ordinary 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 equipment shall, in the opinion of the Engineer, be in good working condition and suitable for the purpose for which 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 than 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 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: CITY OF BREMERTON STANDARD GENERAL CONDITIONS 0070049 r a. When hourly rates are paid, operation for 30 minutes or less will be considered to be 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 include any of the items defined in Paragraph 11.0I.B. 12.02 Change of Contract Times 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: a. Any claim for adjustment of the Contract Times (or Milestones) shall be evaluated by the Engineer, whose evaluation shall be final and conclusive, and; b. 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 s 12.03 Dela increase in the Contract Price. Y 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. 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-50 entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. 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 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-51 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", 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 services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. For inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.1) below; 2. That costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. As otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless 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. G. The Engineer 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 13.03.13 of the General Conditions, the cost of such inspection and testing will be borne by the Owner. In the event such 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-52 ' observations by the Engineer nor inspections, tests, or approvals by others shall relieve the Contractor from the Contractor's obligation to perform the Work in accordance with the Contract Documents. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-53 B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of 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 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. Repair such defective land or areas; or 2. Correct such defective Work; or If the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. Satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-54 do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. In no case shall the acceptance of defective work waive any rights the Owner may have. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in 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 engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-55 ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 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 than $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. a. Pursuant to RCW 60.28.010, the Owner will retain five 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 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-56 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 Iacceptance 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 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 60.28.011. 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. (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 choosing 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-57 B. Review of Applications: 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 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 payment 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 Application 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 best of Engineer's knowledge, information and belief: a. The Work has progressed to the point indicated; b. The quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. The conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. Inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. There may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. To supervise, direct, or control the Work, or CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-58 b. For the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. For Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. To make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. To determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. The Work is defective, or completed Work has been damaged, requiring correction or replacement; b. The Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 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 14.02.1)) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. Claims have been made against Owner on account of Contractor's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. There are other items entitling Owner to a set-off against the amount recommended; or CITY OF BREMERTON STANDARD GENERAL CONDITIONS 1 00700-59 d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination 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.I and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When 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. 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 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-60 B. 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, 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 maintenance of all such items 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 Inspection 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 execution 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: 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 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 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, including but not limited to the evidence of insurance required by Paragraph 5.04. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-61 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 and Acceptance: 1. 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, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. 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 14.09.13 of the General Conditions), the Owner 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, b. Amounts withheld by Owner under Paragraph 14.02.13.1 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-62 1 1 J 11 C. Payment Becomes Due.- Thirty ue: Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 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, 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 14.02.13, provided the following conditions are met: a. Certificates or releases obtained from the Washington State Department of Labor and Industries, Washington State Employment Security Department, Department of Revenue, and all other departments and agencies having jurisdiction over the activities of the Contractor have been provided to the Owner. b. Affidavits of Wages Paid for the Contractor and each subcontractor approved by Washington State Department of Labor and Industries have been provided to the Owner. c. No claims, as provided by law, have been filed against the retainage. d. The Owner has no claims under this Contract. e. Affidavit of total monies paid (if any) to each Minority Women Business Enterprise subcontractor utilized on the project. f. Executed Acceptance of Compensation and Release of All Claims form submitted to the Engineer. 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 14.02.13 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 1 00700-63 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. A waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. A waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. 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" form 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. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-64 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's 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 the Owner has paid Contractor but which are stored elsewhere, and finish the Work as the Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when 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 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-65 Contractor shall be paid for (without duplication of any items): 1. Completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. Expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 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 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. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures 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 written notification of Substantial Completion. It is further agreed by Owner and Contractor that 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 administrative procedures required by Paragraphs 9.08 and 10.05. The provisions of these Paragraphs must be complied with in full as conditions precedent to the Contractor's right to seek claim resolution through litigation. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-66 C. Attorney fees: In the event of litigation, each party shall pay its own legal fees and costs through the duration of the litigation process. Neither party shall be required to reimburse the other party for legal fees or costs, regardless of the outcome. 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 firm or to an officer of the corporation for whom it is intended; or 2. Delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-67 17.07 Administrative Procedures and Forms 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: 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. 17.08 Right to Audit A. If the Contractor submits a claim to the Owner for additional compensation, the Owner shall 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 provided for shall be exercisable through such representatives as the Owner deems desirable during 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 terms and provisions of the Agreement shall not be affected thereby and shall remain in full force and effect. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-68 17.10 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 term, 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 Trench Excavation Safety Systems 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 Prevailing Wages A. 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. B. The prevailing wage rates to be in force during the duration of this contract are included in 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. The wage rates shall be included as part of any subcontractors the Contractor may enter into for work on this project. C. 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 other than an hour, the hourly wage for the purposes of this shall be mathematically determined by the number of hours worked in such period of time. D. The "locality" shall be the largest city in the county wherein the physical work is being performed. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-69 E. The "usual benefits" shall include the amount of - 1. £ 1. The rate of contribution irrevocably made by the Contractor to a trustee, or to a trustee or to 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 death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life insurance, 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. F. 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. G. 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 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. H. 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. I. 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. J. Each application for payment submitted by a Contractor for payment on a project estimate shall state that prevailing wages have been paid in accordance with the pre -filed statement or CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-70 In L statements of intent on file with the Department of Labor and Industries as approved by the Industrial Statistician. K. At the conclusion of the project, the Contractor and its subcontractors shall 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 Pollution Control Requirements 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. 18.04 Prevention of Environmental Pollution & Preservation of Public Natural Resources 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 may affect or are affected by the work. Bidders shall review such materials and related regulations prior to submitting bids. 1. 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-71 THIS PAGE LEFT INTENTIONALLY BLANK 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. SC - 2.06.13. 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 • Confirmation of hours and days of work • Overall Schedule • Site Security • Site Concerns • Temporary Utilities and Controls • Hold/Inspection Points • Quality Control RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT SUPPLEMENTARY CONDITIONS FEBRUARY 2018 00800-1 • Testing During Construction • Contractor's Coordination • Data Collection • 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; REFERENCE POINTS SC - 4.02.0 Add the following paragraph after 4.0213 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: • In Appendix B, RESERVOIR 17/20 Condition: Assessment Report prepared by Northwest Corrosion Engineering in January 2015. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC - 6.02 B. Add the following at the end of paragraph 6.02.13 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 and approved in writing (email is acceptable). Any approval by the Owner shall be given in writing. Any such requests shall be made at least 48 hours before the actual work. The Owner shall generally not refuse reasonable schedule modifications. However, since the site RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT SUPPLEMENTARY CONDITIONS FEBRUARY 2018 00800-2 is in a residential area, the working hours will be enforced to avoid noise disturbances. 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, costs for overtime work shall be borne by the Contractor. Only when the Owner specifically directs in writing that overtime work must be used to accomplish a task shall the Owner pay for overtime costs. 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: 6.22 Weekly Progress Meetings 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 required. 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." RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT SUPPLEMENTARY CONDITIONS FEBRUARY 2018 00800-3 • 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 items to the Owner: • 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 RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT SUPPLEMENTARY CONDITIONS FEBRUARY 2018 00800-4 1 L� !J ATTACHMENT A: KITSAP COUNTY PREVAILING WAGE RATES 1 u 1 t t THIS PAGE LEFT INTENTIONALLY BLANK t fl 1 1 1 11 1/11/2018 1 abouttlank State of Washington Department 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. 1 Journey Level Prevailing Wage Rates for the Effective Date: 2/15/2018 County Trade . Kitsap Asbestos Abatement Wor Kitsap Boilermakers Kitsap Brick Mason Kitsap Brick Mason Kitsap Building Service Employ Kitsap Building Service Emplov Kitsap Building Service Emplov Kitsap Building Service Employ Kitsap Cabinet Makers (In Shop) Kitsap Carpenters Kitsap Carpenters Kitsap Carpenters Kitsap Carpenters Kitsap Carpenters Kitsap Carpenters Kitsap Carpenters Kitsap Carpenters Kitsap Cement Masons Kitsap Divers Et Tenders Kitsap Divers Et Tenders Kitsap Divers Et Tenders Kitsap Divers Et Tenders Kitsap Divers Et Tenders Kitsap Divers Et Tenders Kitsap Divers Et Tenders Kitsap Divers Et Tenders ' Kitsap Divers Et Tenders Kitsap Dredge Workers Kitsap Dredge Workers abouttlank Job Classification kers Journey Level Journey Level Journey Level Pointer -Caulker -Cleaner Employe Janitor ees Shampooer ees Waxer ees Window Cleaner Journey Level Acoustical Worker Bridge, Dock And Wharf Carpenters Carpenter Carpenters on Stationary Tools Creosoted Material Floor Finisher Floor Layer Scaffold Erector Journey Level Bell/Vehicle or Submersible Operator (Not Under Pressure) Dive Supervisor/ Master Diver Diver On Standby Diver Tender Manifold Operator Manifold Operator Mixed Gas Remote Operated Vehicle Operator/ Technician Remote Operated Vehicle Tender Assistant Engineer Assistant Mate (Deckhand) Wage Holiday Overtime Note $46.57 5D 1_H $30.34 1 $55.82 5A 9_M $55.82 5A 1M $11.50 1 $11.50 1 $11.50 1 $13.22 1 $23.72 1 $57.18 5D 4C $57.18 5D 4C $57.18 5D 4C $57.31 5D 4C $57.28 5D 4C $57.18 5D 4C $57.18 5D 4C $57.18 5D 4C $57.21 7A 1M $110.54 5D 4C $72.97 5D 4C $110.54 5D 4C 8V $67.97 5D 4C $61.65 5D 4C $61.65 5D 4C $66.65 5D 4C $61.65 5D 4C $57.43 5A 4C $56.44 5D _ 3F _ $56.00 5D 3F 1/16 1/11/2018 Construction abouttlank Kitsap Kitsap Dredge Workers Boatmen $56.44 5D 3F Kitsap Dredge Workers Engineer Welder $57.51 5D 3F Kitsap Dredge Workers Leverman, Hydraulic $58.67 5D 3F Kitsap Dredge Workers Mates $56.44 5D 3F Kitsap Dredge Workers Oiler $56.00 5D 3F Kitsap Drywall Applicator Journey Level $56.78 5D 1 H Kitsap Drywall Tapers Journey Level $57.43 5P 1 E Kitsap Electrical Fixture Maintenance Journey Level $31.74 1 Workers Electronic Technicians Journey Levet $45.26 7E Kitsap Electricians - Inside Journey Level $51.26 7D 1 Kitsap Electricians - Motor Shop Craftsman $15.37 Kitsap 1 Kitsap Electricians - Motor Shop Journey Level $14.69 Products 1 Kitsap Electricians - Powerline Cable Splicer $73.93 5A 4D Construction Fence Erectors Fence Laborer $11.60 Kitsap Electricians - Powerline Certified Line Welder $67.60 5A 4D Glaziers Construction $60.56 7L Kitsap Heat It Frost Insulators And Kitsap Electricians - Powerline Groundperson $45.49 5A 4D 4D 4D 4D 4D 4D 1D 4A 4A 1 1 1 31 1Y 4H 1E 31 1 1K 1K 1K 1K 1K 1K 1 Construction Kitsap Electricians- Powerline Heavy Line Equipment Operator $67.60 5A Construction Kitsap Electricians - Powerline Journey Level Lineperson $67.60 5A Construction Kitsap Electricians - Powerline Line Equipment Operator $57.02 5A Construction Kitsap Electricians - Powerline Pole Sprayer $67.60 5A Construction Kitsap Electricians - Powerline Powderperson $50.76 5A Construction Kitsap Electronic Technicians Journey Levet $45.26 7E Kitsap Elevator Constructors Mechanic $88.36 7D Kitsap Elevator Constructors Mechanic In Charge $95.41 7D Kitsap Fabricated Precast Concrete Journey Level - In -Factory Work $13.50 Products Only Kitsap Fence Erectors Fence Erector $13.80 Kitsap Fence Erectors Fence Laborer $11.60 Kitsap Flaggers Journey Level $39.48 7A Kitsap Glaziers Journey Level $60.56 7L Kitsap Heat It Frost Insulators And Journeyman $67.93 5.1 Asbestos Workers Kitsap Heating Equipment Mechanics Journey Level $78.17 7F Kitsap Hod Carriers Et Mason Tenders Journey Level $48.02 7A Kitsap Industrial Power Vacuum Cleaner Journey Level $29.89 Kitsap Inland Boatmen Boat Operator $59.86 5B Kitsap Inland Boatmen Cook $56.18 513 Kitsap Inland Boatmen Deckhand $56.18 513 Kitsap Inland Boatmen Deckhand Engineer $57.26 5B Kitsap Inland Boatmen Launch Operator $58.59 5B Kitsap Inland Boatmen Mate $58.59 513 Kitsap Inspection/Cleaning/ Sealing Of Cleaner Operator, Foamer $11.50 abouttlank 4D 4D 4D 4D 4D 1D 4A 4A 1 1 1 31 1Y 4H 1E 31 1 1K 1K 1K 1K 1K 1K 1 1/11/2018 ' Sewer Water Systems By Et Operator Remote Control Kitsap Inspection/Cleaning/Sealing Of Grout Truck Operator $11.50 1 ' Sewer Et Water Systems By Remote Control Kitsap Inspection/Cleaning/Sealing Of Head Operator $12.78 1 Sewer Et Water Systems By Remote Control Kitsap Inspection/Cleaning/Sealing Of Tv Truck Operator $24.17 1 Sewer Et Water Systems By Remote Control Kitsap Insulation Applicators Journey Level $57.18 5D 4C Kitsap Ironworkers Journeyman $66.68 7N 10 Kitsap Laborers Air, Gas Or Electric Vibrating $46.57 7A 31 Screed Kitsap Laborers Airtrac Drill Operator $48.02 7A 31 Kitsap Laborers Ballast Regular Machine $46.57 7A 31 Kitsap Laborers Batch Weighman $39.48 7A 31 Kitsap Laborers Brick Pavers $46.57 7A 31 Kitsap Laborers Brush Cutter $46.57 7A 31 Kitsap Laborers Brush Hog Feeder $46.57 7A 31 Kitsap Laborers Burner $46.57 7A 31 ' Kitsap Laborers Caisson Worker $48.02 7A 31 Kitsap Laborers Carpenter Tender $46.57 7A 31 Laborers Caulker $46.57 7A 31 'Kitsap Kitsap Laborers Cement Dumper -paving $47.44 7A 31 Kitsap Laborers Cement Finisher Tender $46.57 7A 31 Kitsap Laborers Change House Or Dry Shack $46.57 7A 31 Kitsap Laborers Chipping Gun (under 30 Lbs.) $46.57 7A 31 Kitsap Laborers Chipping Gun(30 Lbs. And Over) $47.44 7A 31 Kitsap Laborers Choker Setter $46.57 7A 31 Kitsap Laborers Chuck Tender $46.57 7A 31 Kitsap Laborers Clary Power Spreader $47.44 7A 31 Kitsap Laborers Clean-up Laborer $46.57 7A 31 Kitsap Laborers Concrete Dumper/chute Operator $47.44 7A 31 Kitsap Laborers Concrete Form Stripper $46.57 7A 31 Kitsap Laborers Concrete Placement Crew $47.44 7A 31 Kitsap Laborers Concrete Saw Operator/core $47.44 7A 31 Driller Kitsap Laborers Crusher Feeder $39.48 7A 31 Kitsap Laborers Curing Laborer $46.57 7A 31 Kitsap Laborers Demolition: Wrecking Et Moving $46.57 7A 31 (incl. Charred Material) ' Kitsap Laborers Ditch Digger $46.57 7A 31 Kitsap Laborers Diver $48.02 7A 31 Laborers Drill Operator $47.44 7A 31 iKitsap (hydrautic, diamond) - Kitsap Laborers Dry Stack Walls $46.57 7A 31 Kitsap Laborers Dump Person $46.57 7A 31 about:blank 3/16 1/11/2018 abouttlank Kitsap Laborers Epoxy Technician $46.57 7A 31 ' Kitsap Laborers Erosion Control Worker $46.57 7A 31 Kitsap Laborers Faller $ Bucker Chain Saw $47.44 7A 31 Kitsap Laborers Fine Graders $46.57 7A 31 Kitsap Laborers Firewatch $39.48 7A 31 Kitsap Laborers Form Setter $46.57 7A 31 , Kitsap Laborers Gabian Basket Builders $46.57 7A 31 Kitsap Laborers General Laborer $46.57 7A 31 Kitsap Laborers Grade Checker Et Transit Person $48.02 7A 31 Kitsap Kitsap Laborers Laborers Grinders Grout Machine Tender $46.57 $46.57 7A 7A 31 31 ' Kitsap Laborers Groutmen (pressure)including $47.44 7A 31 Post Tension Beams Kitsap Laborers Guardrail Erector $46.57 7A 31 , Kitsap Laborers Hazardous Waste Worker (level A) $48.02 7A 31 Kitsap Laborers Hazardous Waste Worker (leve( B) $47.44 7A 31 Kitsap Laborers Hazardous Waste Worker (level C) $46.57 7A 31 Kitsap Laborers High Scaler $48.02 7A 31 Kitsap Laborers Jackhammer $47.44 7A 31 i Kitsap Laborers Laserbeam Operator $47.44 7A 31 Kitsap Laborers Maintenance Person $46.57 7A 31 ' Kitsap Laborers Manhole Builder-mudman $47.44 7A 31 Kitsap Laborers Material Yard Person $46.57 7A 31 Kitsap Laborers Motorman-dinky Locomotive $47.44 7A 31 , Kitsap Laborers Nozzleman (concrete Pump, $47.44 7A 31 Green Cutter When Using Combination Of High Pressure Air Et Water On Concrete Et Rock, Sandblast, Gunite, Shotcrete, Water Bla Kitsap Laborers Pavement Breaker $47.44 7A 31 Kitsap Kitsap Laborers Laborers Pilot Car Pipe Layer Lead $39.48 $48.02 7A 7A 31 31 ' Kitsap Laborers Pipe Layer/tailor $47.44 7A 31 Kitsap Laborers Pipe Pot Tender $47.44 7A 31 Kitsap Laborers Pipe Reliner $47.44 7A 31 Kitsap Laborers Pipe Wrapper $47.44 7A 31 Kitsap Laborers Pot Tender $46.57 7A 31 Kitsap Laborers Powderman $48.02 7A 31 Kitsap Laborers Powderman's Helper $46.57 7A 31 Kitsap Laborers Power Jacks $47.44 7A 31 Kitsap Laborers Railroad Spike Puller - Power $47.44 7A 31 Kitsap Laborers Raker - Asphalt $48.02 7A 31 , Kitsap Laborers Re-timberman $48.02 7A 31 Kitsap Laborers Remote Equipment Operator $47.44 7A 31 Kitsap Laborers Rigger/signal Person $47.44 7A 31 ' Kitsap Laborers Rip Rap Person $46.57 7A 31 Kitsap Laborers Rivet Buster $47.44 7A 31 abouttlank 4/16 about:blank '1/11/2018 Kitsap Laborers Rodder $47.44 7A 31 Kitsap Laborers Scaffold Erector $46.57 7A 31 Kitsap Laborers Scale Person $46.57 7A 31 Kitsap Laborers Sloper (over 20") $47.44 7A 31 Kitsap Laborers Sloper Sprayer $46.57 7A 31 Kitsap Laborers Spreader (concrete) $47.44 7A 31 Kitsap Laborers Stake Hopper $46.57 7A 31 Kitsap Laborers Stock Piler $46.57 7A 31 Kitsap Laborers Tamper Et Similar Electric, Air Et $47.44 7A 31 Gas Operated Tools Kitsap Laborers Tamper (multiple Et Self- $47.44 7A 31 propelled) Kitsap Laborers Timber Person - Sewer (tagger, $47.44 7A 31 ' Shorer Et Cribber) Kitsap Laborers Toolroom Person (at Jobsite) $46.57 7A 31 Kitsap Laborers Topper $46.57 7A 31 Kitsap Laborers Track Laborer $46.57 7A 31 Kitsap Laborers Track Liner (power) $47.44 7A 31 'Kitsap Laborers Traffic Control Laborer $42.22 7A 31 8R Kitsap Laborers Traffic Control Supervisor $42.22 7A 31 8R Kitsap Laborers Truck Spotter $46.57 7A 31 ' Kitsap Laborers Tugger Operator $47.44 7A 31 Kitsap Laborers Tunnel Work -Compressed Air $92.60 7A 31 80 Worker 0-30 psi ' Kitsap Laborers Tunnel Work -Compressed Air $97.63 7A 31 Worker 30.01-44.00 psi Kitsap Laborers Tunnel Work -Compressed Air $101.31 7A 31 8( Worker 44.01-54.00 psi Kitsap Laborers Tunnel Work -Compressed Air $107.01 7A 31 80 Worker 54.01-60.00 psi Kitsap Laborers Tunnel Work -Compressed Air $109.13 7A 31 8 Worker 60.01-64.00 psi Kitsap Laborers Tunnel Work -Compressed Air $114.23 7A 31 Worker 64.01-68.00 psi Kitsap Laborers Tunnel Work -Compressed Air $116.13 7A 31 8 Worker 68.01-70.00 psi Kitsap Laborers Tunnel Work -Compressed Air $118.13 7A 31 80 Worker 70.01-72.00 psi Kitsap Laborers Tunnel Work -Compressed Air $120.13 7A 31 8C Worker 72.01-74.00 psi Kitsap Laborers Tunnel Work-Guage and Lock $48.12 7A 31 8C ' Tender Kitsap Laborers Tunnel Work -Miner $48.12 7A 31 80 iKitsap Kitsap Laborers Laborers Vibrator Vinyl Seamer $47.44 $46.57 7A 7A 31 31 Kitsap Laborers Watchman $35.88 7A 31 'Kitsap Laborers Welder $47.44 7A 31 Kitsap Laborers Well Point Laborer $47.44 7A 31 Kitsap Laborers Window Washer/cleaner $35.88 7A 31 Kitsap Laborers - Underground Sewer Et General Laborer Et Topman $46.57 7A 31 abouttlank 5/16 1/11/2018 abouttlank Water ' Kitsap Laborers - Underground Sewer Et Pipe Layer $47.44 7A 31 Water Kitsap Landscape Construction Irrigation Or Lawn Sprinkler $11.50 1 Installers Kitsap Landscape Construction landscape Equipment Operators $11.50 1 , Or Truck Drivers Kitsap Landscape Construction Landscaping Or Planting Laborers $12.92 1 Kitsap Lathers JOURNEY LEVEL $21.00 1 Kitsap Marble Setters Journey Level $55.82 5A 1M Kitsap Metal Fabrication (In ShoP) Fitter $26.96 1 Kitsap Metal Fabrication (In Shop) Laborer $11.50 1 ' Kitsap Metal Fabrication (In Shop) Machine Operator $13.83 1 Kitsap Metal Fabrication (In Shop) Welder $13.83 1 , Kitsap Millwright Journey Level $44.89 1 Kitsap Modular Buildings Cabinet Assembly $11.56 1 Kitsap Modular Buildings Electrician $11.56 1 , Kitsap Modular Buildings Equipment Maintenance $11.56 1 Kitsap Modular Buildings Plumber $11.56 1 , Kitsap Modular Buildings Production Worker $11.50 1 Kitsap Modular Buildings Tool Maintenance $11.56 1 Kitsap Modular Buildings Utility Person $11.56 1 Kitsap Modular Buildings Welder $11.56 1 Kitsap Painters Journey Level $41.60 6Z 2B Kitsap Pile Driver Crew Tender $52.37 5D 4C Kitsap Pile Driver Hyperbaric Worker - Compressed $71.35 5D 4C Air Worker 0-30.00 PSI Kitsap Pile Driver Hyperbaric Worker - Compressed $76.35 5D 4C Air Worker 30.01 - 44.00 PSI Kitsap Pile Driver Hyperbaric Worker - Compressed $80.35 5D 4C ' Air Worker 44.01 - 54.00 PSI Kitsap Pile Driver Hyperbaric Worker - Compressed $85.35 5D 4C Air Worker 54.01 - 60.00 PSI Kitsap Pile Driver Hyperbaric Worker -Compressed $87.85 5D 4C Air Worker 60.01 - 64.00 PSI Kitsap Pile Driver Hyperbaric Worker - Compressed $92.85 5D 4C Air Worker 64.01 - 68.00 PSI Kitsap Pile Driver Hyperbaric Worker - Compressed $94.85 5D 4C Air Worker 68.01 - 70.00 PSI ' Kitsap Pile Driver Hyperbaric Worker - Compressed $96.85 5D 4C Kitsap Pile Driver Air Worker 70.01 - 72.00 PSI Hyperbaric Worker - Compressed $98.85 5D 4C ' Air Worker 72.01 - 74.00 PSI Kitsap Pile Driver Journey Level $57.43 5D 4C Kitsap Plasterers Journey Level $54.897D JR , Kitsap Playground Et Park Equipment Journey Level $11.50 1 Installers , Kitsap Plumbers Et Pipefitters Journey Level $67.47 5A 1G Kitsap Power Equipment Operators Asphalt Plant Operators $60.49 7A 3C 8P Kitsap Power Equipment Operators Assistant Engineer $56.90 7A 3C 8P about:blank 6/16 '1/11/2018 With Boom Attachment Over 42 M Kitsap Power Equipment Operators Concrete Finish Machine -laser $56.90 ' Screed abouttlank Concrete Pump - Mounted Or $59.49 3C Trailer High Pressure Line Pump, Kitsap Power Equipment Kitsap Power Equipment Operators Operators Barrier Machine (zipper) $59.96 7A 42m Kitsap Power Equipment Operators Operators Crusher Batch Plant Operator, Concrete $59.96 7A ' Kitsap Power Equipment $61.72 Operators $59.96 Bobcat $56.90 7A Kitsap Power Equipment attachments Cranes: 300 tons and over or 300' Operators Brokk - Remote Demolition $56.90 7A Operators 'attachments Kitsap Power Equipment Operators Cranes: 45 Tons Through 99 Tons, $60.49 Equipment Operators ' Kitsap Power Equipment Operators With Attachments) Brooms $56.90 7A Drill Oilers: Auger Type, Truck Or Kitsap Power Equipment Operators Bump Cutter $59.96 7A Kitsap Power Equipment Power Equipment Operators Operators Cableways $60.49 7A Kitsap Power Equipment Operators Chipper $59.96 7A Kitsap Power Equipment Operators Compressor $56.90 7A Kitsap Power Equipment Operators Concrete Pump: Truck Mount $60.49 7A 3C With Boom Attachment Over 42 M Kitsap Power Equipment Operators Concrete Finish Machine -laser $56.90 ' Screed Kitsap Power Equipment Operators Concrete Pump - Mounted Or $59.49 3C Trailer High Pressure Line Pump, 3C Pump High Pressure. Kitsap Power Equipment Operators Concrete Pump: Truck Mount $59.96 3C With Boom Attachment Up To ' 42m 3C 8P 3C 8P 3C 8P 3C 8P 3C 8P 3C 8P 3C 8P 3C 8P 3C 8P 3C 8P 7A 3C 8P 7A 3C 8P 7A 3C 8P Kitsap Power Equipment Operators Conveyors $59.49 7A I Kitsap Power Equipment Operators Cranes Friction: 200 tons and $62.33 7A over 3C 8P 3C 8P 7A Kitsap Power Equipment Operators Cranes: 20 Tons Through 44 Tons $59.96 3C 7A 3C With Attachments 7A 3C Kitsap Power Equipment Operators Cranes: 100 Tons Through 199 $61.10 7A 3C Kitsap Tons, Or 150' Of Boom (Including Operators Crusher Jib With Attachments) ' Kitsap Power Equipment Operators Cranes: 200 tons- 299 tons, or $61.72 Deck Engineer/deck Winches $59.96 ' 250' of boom including jib with Kitsap Power Equipment Operators attachments Cranes: 300 tons and over or 300' $62.33 Kitsap Power Equipment of boom including jib with Operators 'attachments Kitsap Power Equipment Operators Cranes: 45 Tons Through 99 Tons, $60.49 Power Equipment Operators Under 150' Of Boom (including Jib Dozers D-9 It Under $59.49 Kitsap With Attachments) 3C 8P 3C 8P 7A 3C 7A 3C 7A 3C 7A 3C 7A Kitsap Power Equipment Operators Cranes: A -frame - 10 Tons And $56.90 7A Under Kitsap Power Equipment Operators Cranes: Friction cranes through $61.72 7A 199 tons Kitsap Power Equipment 012erators Cranes: Through 19 Tons With $59.49 7A 8P 3C 8P 3C 8P 3C 8P Attachments A -frame Over 10 3C 8P 7A 3C 8P 7A 3C Tons 7A 3C Kitsap Power Equipment Operators Crusher $59.96 Kitsap Power Equipment Operators Deck Engineer/deck Winches $59.96 ' (power) Kitsap Power Equipment Operators Derricks, On Building Work $60.49 Kitsap Power Equipment Operators Dozers D-9 It Under $59.49 Kitsap Power Equipment Operators Drill Oilers: Auger Type, Truck Or $59.49 Crane Mount Kitsap Power Equipment Operators Drilling Machine $61.10 abouttlank 8P 3C 8P 3C 8P 3C 8P 3C 8P 7A 3C 8P 7A 3C 8P 7A 3C 8P 7A 3C 8P 7A 3C 8P 7A 3C 8P 7/16 1/11/2018 about:blank Kitsap Power Equipment Operators Elevator And Man-lift: Permanent $56.90 7A 3C 8P And Shaft Type Kitsap Power Equipment Operators Finishing Machine, Bidwell And $59.96 7A 3C 8P ' Gamaco Et Similar Equipment Kitsap Power Equipment Operators Forklift: 3000 Lbs And Over With $59.49 7A 3C 8P Attachments , Kitsap Power Equipment OQerators Forklifts: Under 3000 Lbs. With $56.90 7A 3C 8P Attachments Kitsap Power Equipment Operators Grade Engineer: Using Blue $59.96 7A 3C 813 Prints, Cut Sheets, Etc Kitsap Power Equipment Operators Gradechecker/stakeman $56.90 7A 3C 8P Kitsap Power Equipment Operators Guardrail Punch $59.96 7A 3C 813 ' Kitsap Power Equipment Operators Hard Tail End Dump Articulating $60.49 7A 3C 813 Off- Road Equipment 45 Yards. 8 Over ' Kitsap Power Equipment Operators Hard Tail End Dump Articulating $59.96 7A 3C 813 Off-road Equipment Under 45 Yards ' Kitsap Power Equipment Operators Horizontal/ directional Drill $59.49 7A 3C 813 Locator Kitsap Power Equipment Operators Horizontal/directional Drill $59.96 7A 3C 8P ' Operator Kitsap Power Equipment Operators Hydralifts/boom Trucks Over 10 $59.49 7A 3C 8P Tons Kitsap Power Equipment Operators Hydralifts/boom Trucks, 10 Tons $56.90 7A 3C 813 Kitsap Power Equipment Operators And Under Loader, Overhead 8 Yards. Et $61.10 7A 3C 8P Over Kitsap Power Equipment Operators Loader, Overhead, 6 Yards. But $60.49 7A 3C 8P Not Including 8 Yards ' Kitsap Power Equipment Operators Loaders, Overhead Under 6 Yards $59.96 7A 3C 8P Kitsap Power Equipment Operators Loaders, Plant Feed $59.96 7A 3C 8P , Kitsap Power Equipment Operators Loaders: Elevating Type Belt $59.49 7A 3C 8P Kitsap Power Equipment Operators Locomotives, All $59.96 7A 3C 8P Kitsap Power Equipment Operators Material Transfer Device $59.96 7A 3C 8P ' Kitsap Power Equipment Operators Mechanics, All (leadmen - $0.50 $61.10 7A 3C 8P Per Hour Over Mechanic) Kitsap Power Equipment Operators Motor Patrol Graders $60.49 7A 3C 813 ' Kitsap Power Equipment Operators Mucking Machine, Mole, Tunnel $60.49 7A 3C 8P Drill, Boring, Road Header And/or Shield Kitsap Power Equipment Operators Oil Distributors, Blower $56.90 7A 3C 8P Distribution Et Mulch Seeding Operator ' Kitsap Power Equipment Operators Outside Hoists (elevators And $59.49 7A 3C 8P Manlifts), Air Tuggers,strato Kitsap Power Equipment Operators Overhead, Bridge Type Crane: 20 $59.96 7A 3C 8P , Tons Through 44 Tons Kitsap Power Equipment Operators Overhead, Bridge Type: 100 Tons $61.10 7A 3C 8P And Over , Kitsap Power Equipment Operators Overhead, Bridge Type: 45 Tons $60.49 7A 3C 813 Through 99 Tons about:blank 8/16 1/11/2018 about:blank ' Kitsap Power Equipment 7A Operators Materials Pavement Breaker $56.90 7A 3C 8P Operators Kitsap Power Equipment $56.90 Operators 3C Pile Driver (other Than Crane $59.96 7A 3C 8P Rigger/Signal Person, Bellman $59.49 7A 3C 8P $59.96 Mount) Over 90 Metric Tons (Certified) Yards Kitsap Power Equipment Kitsap Operators Operators Plant Oiler - Asphalt, Crusher $59.49 7A 3C 8P 8P Kitsap Power Equipment Operators Operators Roller, Other Than Plant Mix Posthole Digger, Mechanical $56.90 7A 3C 8P Power Equipment Kitsap Power Equipment Roller, Plant Mix Or Multi -lift Operators 7A Power Plant $56.90 7A 3C 8P Operators Kitsap Power Equipment $56.90 Operators Power Equipment Pumps - Water $56.90 7A 3C 8P Base To Boom Power Equipment Operators Tractors Under 15 Metric Tons. Quad 9, Hd 41, D10 And Over $60.49 7A 3C 8P 'Kitsap Kitsap Power Equipment Operators Quick Tower - No Cab, Under 100 $56.90 7A 3C 8P Operators Tower Cranes: over 250' in height $62.33 Feet In Height Based To Boom from base to boom Kitsap Power Equipment Operators Remote Control Operator On $60.49 7A 3C 8P Rubber Tired Earth Moving 7A 3C 8P 7A Equipment Materials 7A Kitsap Power Equipment Kitsap Power Equipment Operators Roto -mill, Roto -grinder Rigger And Bellman $56.90 7A 3C 8P Kitsap Power Equipment Operators Kitsap Rigger/Signal Person, Bellman $59.49 7A 3C 8P $59.96 Over 90 Metric Tons (Certified) Yards Power Equipment Kitsap Kitsap Power Equipment Operators $60.49 Rollagon $60.49 7A 3C 8P Kitsap Power Equipment Operators $60.49 Roller, Other Than Plant Mix $56.90 7A 3C 8P Kitsap Power Equipment Operators Power Equipment Roller, Plant Mix Or Multi -lift $59.49 7A 3C 8P 7A 3C 8P 7A 3C Materials 7A Kitsap Power Equipment 7A Operators 8P Roto -mill, Roto -grinder $59.96 Kitsap Power Equipment 3C Operators 7A Saws - Concrete $59.49 Kitsap Power Equipment 8P Operators Scraper, Self Propelled Under 45 $59.96 Over 90 Metric Tons Yards Power Equipment Kitsap Power Equipment Operators $60.49 Scrapers - Concrete &. Carry All $59.49 Kitsap Power Equipment Operators Operators Spreader, Topsider Ft Screedman Scrapers, Self-propelled: 45 Yards $60.49 Kitsap Power Equipment Operators And Over $59.96 Kitsap Power Equipment Power Equipment Operators Operators Service Engineers - Equipment $59.49 Kitsap Power Equipment Kitsap Operators Shotcrete/gunite Equipment $56.90 Kitsap Power Equipment Operators Shovel , Excavator, Backhoe, $59.49 Base To Boom Kitsap Tractors Under 15 Metric Tons. 7A 3C 8P 7A 3C 8P 7A 3C 8P 7A 3C 8P 7A 3C 8P 7A 3C 8P 7A 3C 8P 7A 3C 8P Kitsap Power Equipment Operators Shovel, Excavator, Backhoe: Over $60.49 7A 3C 30 Metric Tons To 50 Metric Tons 7A Kitsap Power Equipment Operators Shovel, Excavator, Backhoes, $59.96 7A 3C Tractors: 15 To 30 Metric Tons Kitsap Power Equipment Operators Shovel, Excavator, Backhoes: $61.10 7A 3C about:blank 7A 3C 7A 3C 7A 3C 7A 3C 7A 3C 7A 3C 8P 8P 8P 8P 8P 8P 8P 8P 8P 7A 3C 8P 7A 3C 8P Over 50 Metric Tons To 90 Metric Tons Kitsap Power Equipment Operators Shovel, Excavator, Backhoes: $61.72 ' Over 90 Metric Tons Kitsap Power Equipment Operators Slipform Pavers $60.49 Kitsap Power Equipment Operators Spreader, Topsider Ft Screedman $60.49 ' Kitsap Power Equipment Operators Subgrader Trimmer $59.96 Kitsap Power Equipment Operators Tower Bucket Elevators $59.49 ' Kitsap Power Equipment Operators Tower Crane Up To 175' In Height $61.10 Base To Boom Kitsap Power Equipment Operators Tower Crane: over 175' through $61.72 250' in height, base to boom Kitsap Power Equipment Operators Tower Cranes: over 250' in height $62.33 from base to boom about:blank 7A 3C 7A 3C 7A 3C 7A 3C 7A 3C 7A 3C 8P 8P 8P 8P 8P 8P 8P 8P 8P 7A 3C 8P 7A 3C 8P 9/16 1/11/2018 about:blank Kitsap Power Equipment Operators Transporters, All Track Or Truck $60.49 7A 3C 8P , Type Kitsap Power Equipment Operators Trenching Machines $59.49 7A 3C 8P Kitsap Power Equipment Operators Truck Crane Oiler/driver - 100 $59.96 7A 3C 8P , Tons And Over Kitsap Power Equipment Operators Truck Crane Oiler/driver Under $59.49 7A 3C 8P 100 Tons Kitsap Power Equipment Operators Truck Mount Portable Conveyor $59.96 7A 3C 8P Kitsap Power Eouipment Operators Welder $60.49 7A 3C 8P , Kitsap Power Equipment Operators Wheel Tractors, Farmall Type $56.90 7A 3C 8P Kitsap Power Equipment Operators Yo Yo Pay Dozer $59.96 7A 3C 8P Kitsap Power Equipment Operators- Asphalt Plant Operators $60.49 7A 3C 8P ' Underground Sewer Et Water Kitsap Power Equipment Operators- Assistant Engineer $56.90 7A 3C 8P Underground Sewer Et Water , Kitsap Power Equipment Operators- Barrier Machine (zipper) $59.96 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Batch Plant Operator, Concrete $59.96 7A 3C 8P ' Underground Sewer Et Water Kitsap Power Equipment Operators- Bobcat $56.90 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Brokk - Remote Demolition $56.90 7A 3C 8P Underground Sewer Et Water Equipment , Kitsap Power Equipment Operators- Brooms $56.90 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Bump Cutter $59.96 7A 3C 8P ' Underground Sewer Et Water Kitsap Power Equipment Operators- Cableways $60.49 7A 3C 8P Underground Sewer Et Water , Kitsap Power Equipment Operators- Chipper $59.96 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Compressor $56.90 7A 3C 8P , UnderQround Sewer Et Water Kitsap Power Equipment Operators- Concrete Pump: Truck Mount $60.49 7A 3C 8P Underground Sewer Et Water With Boom Attachment Over 42 M ' Kitsap Power Equipment Operators- Concrete Finish Machine -laser $56.90 7A 3C 8P Kitsap Underground Sewer Et Water Screed Concrete Pump - Mounted Or $59.49 7A 3C 8P ' Power Equipment Operators- Underground Sewer Et Water Trailer High Pressure Line Pump, Pump High Pressure. Kitsap Power Equipment Operators- Concrete Pump: Truck Mount $59.96 7A 3C 8P , Underground Sewer Et Water With Boom Attachment Up To 42m Kitsap Power Equipment Operators- Conveyors $59.49 7A 3C 8P ' Underground Sewer Et Water Kitsap Power Equipment Operators- Cranes Friction: 200 tons and $62.33 7A 3C 8P Underground Sewer Et Water over ' Kitsap Power Equipment Operators- Cranes: 20 Tons Through 44 Tons $59.96 7A 3C 8P Kitsap Underground Sewer Et Water With Attachments Cranes: 100 Tons Through 199 $61.10 7A 3C 8P ' Power Equipment Operators- Underground Sewer Et Water Tons, Or 150' Of Boom (Including Jib With Attachments) about:blank 10/16 1/11/2018 abouttlank Kitsap Power Equipment Operators- Cranes: 200 tons- 299 tons, or $61.72 7A 3C 8P Underground Sewer Et Water 250' of boom including jib with attachments Kitsap Power Equipment Operators- Cranes: 300 tons and over or 300' $62.33 7A 3C 8P Underground Sewer Et Water of boom including jib with 'attachments Kitsap Power Equipment Operators- Cranes: 45 Tons Through 99 Tons, $60.49 7A 3C 8P Underground Sewer Et Water Under 150' Of Boom (including Jib With Attachments) ' Kitsap Power Equipment Operators- Cranes: A-frame - 10 Tons And $56.90 7A 3C 8P Underground Sewer Et Water Under Kitsap Power Equipment Operators- ;Cranes: Friction cranes through $61.72 7A 3C 8P ' Undereround Sewer Et Water 199 tons Kitsap Power Equipment Operators- Cranes: Through 19 Tons With $59.49 7A 3C 8P Underground Sewer Et Water Attachments A-frame Over 10 Tons Kitsap Power Equipment Operators- Crusher $59.96 7A 3C 8P Sewer Et Water 'Underground Kitsap Power Equipment Operators- Deck Engineer/deck Winches $59.96 7A 3C 8P Underground Sewer Et Water (power) Kitsap Power Equipment Operators- Derricks, On Building Work $60.49 7A 3C 8P ' Underground Sewer Et Water Kitsap Power Equipment Operators- Dozers D-9 Et Under $59.49 7A 3C 8P 'Underground Sewer Et Water Kitsap Power Equipment Operators- Drill Oilers: Auger Type, Truck Or $59.49 7A 3C 8P Underground Sewer Et Water Crane Mount Kitsap Power Equipment Operators- Drilling Machine $61.10 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Elevator And Man-lift: Permanent $56.90 7A 3C 8P 'Underground Sewer Et Water And Shaft Type Kitsap Power Equipment Operators- Finishing Machine, Bidwell And $59.96 7A 3C 8P Underground Sewer Et Water Gamaco Et Similar Equipment ' Kitsap Power Equipment Operators- Forklift: 3000 Lbs And Over With $59.49 7A 3C 8P Underground Sewer Et Water Attachments Kitsap Power Equipment Operators- Forklifts: Under 3000 Lbs. With $56.90 7A 3C 8P Underground Sewer Et Water Attachments Kitsap Power Equipment Operators- Grade Engineer: Using Blue $59.96 7A 3C 8P Underground Sewer It Water Prints, Cut Sheets, Etc ' Kitsap Power Equipment Operators- Gradechecker/stakeman $56.90 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Guardrail Punch $59.96 7A 3C 8P ' Underground Sewer Et Water Kitsap Power Equipment Operators- Hard Tail End Dump Articulating $60.49 7A 3C 8P ' Underground Sewer Et Water Off- Road Equipment 45 Yards. Et Over Kitsap Power Equipment Operators- Hard Tail End Dump Articulating $59.96 7A 3C 8P Underground Sewer It Water Off-road Equipment Under 45 Yards Kitsap Power Equipment Operators- Horizontal/directional Drill $59.49 7A 3C 8P Underground Sewer Et Water Locator Kitsap Power Equipment Operators- Horizontal/directional Drill $59.96 7A 3C 8P Underground Sewer Et Water Operator Kitsap Power Equipment Operators- Hydralifts/boom Trucks Over 10 $59.49 7A 3C 8P ' Underground Sewer Et Water Tons abouttlank 11/16 1/11/2018 about:blank ' Kitsap Power Equipment Operators- Hydralifts/boom Trucks, 10 Tons $56.90 7A 3C 8P Underground Sewer Et Water And Under Kitsap Power Equipment Operators- Loader, Overhead 8 Yards. Et $61.10 7A 3C 8P ' Underground Sewer Et Water Over Kitsap Power Equipment Operators- Loader, Overhead, 6 Yards. But $60.49 7A 3C 8P Underground Sewer Et Water Not Including 8 Yards , Kitsap Power Equipment Operators- Loaders, Overhead Under 6 Yards $59.96 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Loaders, Plant Feed $59.96 7A 3C 8P ' Underground Sewer Et Water Kitsap Power Equipment Operators- Loaders: Elevating Type Belt $59.49 7A 3C 8P Underground Sewer Et Water ' Kitsap Power Equipment Operators- Locomotives, All $59.96 7A 3C 8P Kitsap Underground Sewer Et Water Power Equipment Operators- Material Transfer Device $59.96 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Mechanics, All (leadmen - $0.50 $61.10 7A 3C 2P Underground Sewer Et Water Per Hour Over Mechanic) , Kitsap Power Equipment Operators- Motor Patrol Graders $60.49 7A 3C 8P Kitsap Underground Sewer Et Water Power Equipment Operators- Mucking Machine, Mole, Tunnel $60.49 7A 3C 8P ' Underground Sewer Et Water Drill, Boring, Road Header And/or Kitsap Power Equipment Operators- Shield Oil Distributors, Blower $56.90 7A 3C 8P ' Underground Sewer Et Water Distribution Et Mulch Seeding Operator Kitsap Power Equipment Operators- Outside Hoists (elevators And $59.49 7A 3C 8P ' Underground Sewer Et Water Manlifts), Air Tuggers,strato Kitsap Power Equipment Operators- Overhead, Bridge Type Crane: 20 $59.96 7A 3C 8P Underground Sewer Et Water Tons Through 44 Tons , Kitsap Power Equipment Operators- Overhead, Bridge Type: 100 Tons $61.10 7A 3C 8P Underground Sewer Et Water And Over Kitsap Power Equipment Operators- Overhead, Bridge Type: 45 Tons $60.49 7A 3C 8P , Underground Sewer Et Water Through 99 Tons Kitsap Power Equipment Operators- Pavement Breaker $56.90 7A 3C 8P Underground Sewer Et Water ' Kitsap Power Equipment Operators- Pile Driver (other Than Crane $59.96 7A 3C 8P Underground Sewer Et Water Mount) Kitsap Power Equipment Operators- Plant Oiler - Asphalt, Crusher $59.49 7A 3C 8P , Underground Sewer Et Water Kitsap Power Equipment Operators- Posthole Digger, Mechanical $56.90 7A 3C 8P ' Underground Sewer Et Water Kitsap Power Equipment Operators- Power Plant $56.90 7A 3C 8P Underground Sewer Et Water , Kitsap Power Equipment Operators- Pumps - Water $56.90 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Quad 9, Hd 41, D10 And Over $60.49 7A 3C 8P ' Underground Sewer Et Water Kitsap Power Equipment Operators- Quick Tower - No Cab, Under 100 $56.90" 7A 3C 8P Underground Sewer Et Water Feet In Height Based To Boom ' Kitsap Power Equipment Operators- Remote Control Operator On $60.49 7A 3C 8P Underground Sewer Et Water Rubber Tired Earth Moving Equipment ' abouttlank 12/16 abouttlank '1/11/2018 Kitsap Power Equipment Operators- Rigger And Bellman $56.90 7A 3C 8P Underground Sewer Et Water ' Kitsap Power Equipment Operators- Rigger/Signal Person, Bellman $59.49 7A 3C 8P Underground Sewer Et Water (Certified) Kitsap Power Equipment Operators- Rollagon $60.49 7A 3C 8P 'Underground Sewer Et Water Kitsap Power Equipment Operators- Roller, Other Than Plant Mix $56.90 7A 3C 8P Underground Sewer Et Water 'Kitsap Power Equipment Operators- Roller, Plant Mix Or Multi-lift $59.49 7A 3C 8P Underground Sewer Et Water Materials Kitsap Power Equipment Operators- Roto-mill, Roto-grinder $59.96 7A 3C 8P ' Underground Sewer Et Water Kitsap Power Equipment Operators- Saws - Concrete $59.49 7A 3C 8P Underground Sewer Et Water ' Kitsap Power Equipment Operators- Scraper, Self Propelled Under 45 $59.96 7A 3C 8P Underground Sewer Et Water Yards ' Kitsap Power Equipment Operators- Scrapers - Concrete Et Carry All $59.49 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Scrapers, Self-propelled: 45 Yards $60.49 7A 3C 8P Underground Sewer Et Water And Over ' Kitsap Power Equipment Operators- Service Engineers - Equipment $59.49 7A 3C 8P Underground Sewer Et Water Power Equipment Operators- Shotcrete/gunite Equipment $56.90 7A 3C 8P 'Kitsap Underground Sewer Et Water Kitsap Power Equipment Operators- Shovel , Excavator, Backhoe, $59.49 7A 3C 8P ' Kitsap Underground Sewer Et Water Power Equipment Operators- Tractors Under 15 Metric Tons. Shovel, Excavator, Backhoe: Over $60.49 7A 3C 8P Underground Sewer Et Water 30 Metric Tons To 50 Metric Tons Kitsap Power Equipment Operators- Shovel, Excavator, Backhoes, $59.96 7A 3C 8P ' Underground Sewer Et Water Tractors: 15 To 30 Metric Tons Kitsap Power Equipment Operators- Shovel, Excavator, Backhoes $61.10 7A 3C 8P Underground Sewer Et Water Over 50 Metric Tons To 90 Metric ' Tons Kitsap Power Equipment Operators- Shovel, Excavator, Backhoes $61.72 7A 3C 8P Underground Sewer Et Water Over 90 Metric Tons ' Kitsap Power Equipment Operators- Slipform Pavers $60.49 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Spreader, Topsider Et Screedman $60.49 7A 3C 8P ' Underground Sewer Et Water Kitsap Power Equipment Operators- Subgrader Trimmer $59.96 7A 3C 8P Underground Sewer Et Water ' Kitsap Power Equipment Operators- Tower Bucket Elevators $59.49 7A 3C 8P Underground Sewer Et Water ' Kitsap Power Equipment Operators- Tower Crane Up To 175' In Height $61.10 7A 3C 8P Underground Sewer Et Water Base To Boom Kitsap Power Equipment Operators- Tower Crane: over 175' through $61.72 7A 3C 8P ' Underground Sewer Et Water 250' in height, base to boom Kitsap Power Equipment Operators- Tower Cranes: over 250' in height $62.33 7A 3C 8P Underground Sewer Et Water from base to boom Kitsap Power Equipment Operators- Transporters, All Track Or Truck $60.49 7A 3C 8P Underground Sewer Et Water Type Kitsap Power Equipment Operators- Trenching Machines $59.49 7A 3C 8P ' Underground Sewer Et Water abouttlank 13/16 1/11/2018 about:blank Kitsap Power Equipment Operators- Truck Crane Oiler/driver - 100 $59.96 7A 3C 8P ' Underground Sewer Et Water Tons And Over Kitsap Power Equipment Operators- Truck Crane Oiler/driver Under $59.49 7A 3C 8P ' Underground Sewer Et Water 100 Tons Kitsap Power Equipment Operators- Truck Mount Portable Conveyor $59.96 7A 3C 8P Underground Sewer Et Water , Kitsap Power Equipment Operators- Welder $60.49 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Wheel Tractors, Farman Type $56.90 7A 3C 8P , Underground Sewer Et Water Kitsap Power Equipment Operators- Yo Yo Pay Dozer $59.96 7A 3C 8P Underground Sewer Et Water ' Kitsap Power Line Clearance Tree Journey Level In Charge $48.54 5A 4A Trimmers Kitsap Power Line Clearance Tree Spray Person $46.03 5A 4A Trimmers Kitsap Power Line Clearance Tree Tree Equipment Operator $48.54 5A 4A Trimmers Kitsap Power Line Clearance Tree Tree Trimmer $43.32 5A 4A Kitsap Trimmers Power Line Clearance Tree Tree Trimmer Groundperson $32.68 5A 4A ' Trimmers Kitsap Refrigeration Et Air Conditioning Mechanic $67.47 5A 1G Mechanics ' Kitsap Residential Brick Mason Journey Level $17.04 1 Kitsap Residential Carpenters Journey Level $42.86 5D 4C Kitsap Residential Cement Masons Journey Level $30.87 1 ' Kitsap Residential Drywall Applicators Journey Level $42.86 5D 4C Kitsap Residential Drywall Tapers Journey Level $20.00 1 ' Kitsap Residential Electricians Journey Level $27.00 1 Kitsap Residential Glaziers Journey Level $60.56 7L 1Y Kitsap Residential Insulation Applicators Journey Level $13.96 1 , Kitsap Residential Laborers Journey Level $16.89 1 Kitsap Residential Marble Setters Journey Level $17.04 1 ' Kitsap Residential Painters Journey Level $19.52 1 Kitsap Residential Plumbers Et Pipefitters Journey Level $21.11 1 Kitsap Residential Refrigeration Er Air Journey Level $17.64 1 ' Conditioning Mechanics Kitsap Residential Sheet Metal Workers Journey Level (Field or Shop) $28.95 1 Kitsap Residential Soft Floor Layers Journey Level $19.38 1 , Kitsap Residential Sprinkler Fitters (Fire Journey Level $27.74 1 Protection) , Kitsap Residential Stone Masons Journey Level $55.82 5A 1M Kitsap Residential Terrazzo Workers Journey Level $11.50 1 Kitsap Residential Terrazzo/Tile Journey Level $30.26 1 ' Finishers Kitsap Residential Tile Setters Journey Level $31.14 1 Kitsap Roofers Journey Level $49.27 5A 3H ' Kitsap Roofers Using Irritable Bituminous $52.27 5A 3H Materials abouttlank 14/16 (Electrical) Kitsap Sign Makers Et Installers (Non- Journey Level $11.50 Electrical) Kitsap Soft Floor -Layers, Journey Level $47.61 5A ' Kitsap Solar Controls For Windows Journey Level $11.50 Kitsap Sprinkler Fitters (Fire Protection) Journey Level $74.49 5C Kitsap Stage Rigging Mechanics (Non Journey Level $13.23 ' 7A Structural) $58.93 7A Kitsap Stone Masons abouttlank 3C Kitsap '1/11/2018 Kitsap Sheet Metal Workers 5A Journey Level (Field or Shop) $78.17 7F 1 E Kitsap Kitsap Shipbuilding ' Et Ship Repair Surveyor CARPENTER $19.29 1 ' Kitsap Shipbuilding Surveyors Et Ship Repair Kitsap ELECTRICIAN $25.53 1 Kitsap Kitsap Shipbuilding 'Outside Et Ship Repair Hole Digger/Ground Person Heat Et Frost Insulator $67.93 5.1 4H Kitsap Shipbuilding Telephone Line Construction - Et Ship Repair Laborer $19.64 1 Kitsap Telephone Line Construction - Special Aparatus Installer I ' Kitsap Shipbuilding Special Apparatus Installer II Et Ship Repair Outside MACHINIST $19.29 1 Kitsap Shipbuilding Et Ship Repair OPERATOR $19.44 1 Kitsap Shipbuilding Et Ship Repair Painter $41.60 6Z 2B Kitsap Shipbuilding Et Ship Repair PIPEFITTER $19.29 1 Kitsap Shipbuilding It Ship Repair RIGGER $19.29 1 ' Kitsap Shipbuilding Et Ship Repair Sheet Metal $22.21 1 Kitsap Shipbuilding Et Ship Repair SHIPFITTER $19.29 1 Kitsap Shipbuilding Et Ship Repair WELDER/BURNER $19.29 1 Kitsap Sign Makers Et Installers Journey Level $20.58 1 (Electrical) Kitsap Sign Makers Et Installers (Non- Journey Level $11.50 Electrical) Kitsap Soft Floor -Layers, Journey Level $47.61 5A ' Kitsap Solar Controls For Windows Journey Level $11.50 Kitsap Sprinkler Fitters (Fire Protection) Journey Level $74.49 5C Kitsap Stage Rigging Mechanics (Non Journey Level $13.23 ' 7A Structural) $58.93 7A Kitsap Stone Masons Journey Level 3C Kitsap Street And Parking Lot Sweeper Journey Level ' 5A Workers Kitsap Surveyors Assistant Construction Site ' Surveyor Kitsap Surveyors Chainman Kitsap Surveyors Construction Site Surveyor ' Kitsap Telecommunication Technicians Journey Level Kitsap Telephone Line Construction - Cable Splicer 'Outside Kitsap Telephone Line Construction - Hole Digger/Ground Person Outside Telephone Line Construction - Installer (Repairer) 'Kitsap Outside Kitsap Telephone Line Construction - Special Aparatus Installer I ' Kitsap Outside Telephone Line Construction- Special Apparatus Installer II Outside $55.82 5A $16.00 1 $59.49 7A 3C $58.93 7A 3C $60.49 7A 3C $45.07 7E 1 E $38.84 5A 2B $21.45 5A $37.21 5A $38.84 5A $38.03 ' Kitsap Telephone Line Construction - Telephone Equipment Operator $38.84 Outside (Heavy) Kitsap Telephone Line Construction - Telephone Equipment Operator $36.09 'Outside (Light) Kitsap Telephone Line Construction - Telephone Lineperson $36.09 Outside ' Kitsap Telephone Line Construction - Television Groundperson Outside Kitsap Telephone Line Construction - Television Lineperson/Installer ' Outside abouttlank 5A 5A 5A 5A $20.33 5A $27.21 5A 213 2B 2B 2B 2B 8P 8P 8P 2B 2B 2B 2B 15/16 1/11/2018 abouttlank Kitsap Telephone Line Construction - Television System Technician $32.55 5A 2B ' Outside Kitsap Telephone Line Construction - Television Technician $29.18 5A 2B Outside , Kitsap Telephone Line Construction - Tree Trimmer $36.09 5A 2B Outside Kitsap Terrazzo Workers Journey Level $51.36 5A 1M Kitsap Tile Setters Journey Level $51.36 5A 1_M Kitsap Tile, Marble Et Terrazzo Finishers Journey Level $12.00 1 , Kitsap Traffic Control Stripers Journey Level $44.93 7A 1 K Kitsap Truck Drivers Asphalt Mix Over 16 Yards (W. $52.70 5D 3A 8L WA -Joint Council 28) , Kitsap Truck Drivers Asphalt Mix To 16 Yards (W. WA- $51.86 5D 3A 8L 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 Kitsap Well Drillers Et Irrigation Pump Irrigation Pump Installer $13.17 1 Installers ' Kitsap Well Drillers Et Irrigation Pump Oiler $14.08 1 Kitsap Installers Well Drillers Et Irrigation Pump Well Driller $14.40 1 ' Installers t 1 1 ' abouttlank 16/16 I Benefit Code Ke — Effective 8/31/2017 thru 3/2/2018 Y 1 Overtime Codes Overtime calculations are based 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 the worker. 1. 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 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 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 and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. D. The first two (2) hours before or after 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 worked on Sundays and holidays shall be paid at 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. 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 ten (10) hours worked on Saturdays and the first ten (10) hours worked on a fifth 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 ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. H. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions or equipment breakdown) shall be paid at one and one-half times the hourly rate of wage. 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. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid atone and one-half times 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 hours worked on holidays shall be paid at double the hourly rate of wage. M. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) 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. N. All hours worked on Saturdays (except makeup days) 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. R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage. Benefit Code Ke — Effective 8/31/2017 thru 3/2/2018 Y shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays and all other overtime ' Overtime Codes Continued O. The first ten (10) hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours shall be paid at three times the hourly rate of wage. worked on Sundays, holidays and after twelve (12) hours, Monday through Friday and after ten (10) hours on Saturday shall be 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. Labor Day shall be paid at three times 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 times 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 worked 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 employer)) shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid shall be paid at three times the hourly rate of wage. at double 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 wage. All hours worked on , ' Labor Day shall be paid at three times the hourly rate of wage. holiday and all work performed shall be paid at double 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 twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over twelve (12) hours Monday , through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. When holiday falls on Saturday or Sunday, the day before Saturday, Friday, and the day after Sunday, Monday, shall be considered the holiday 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 (10 in a 4 x 10 workweek) or 40 hours during that workweek.) 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 rate of wage. Z. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All , hours worked on holidays shall be paid the straight time rate of pay in addition to holiday pay. 2 r e i Benefit Code Ke - Effective 8/31/2017 thru 3/2/2018 Y 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 one and one-half times the hourly rate of wage. C. All hours worked on Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at two times the hourly rate of wage. F. The first eight (8) hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay. All hours worked in excess 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 times 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 times 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 worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked 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 weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage. The first eight (8) hours worked on the fifth day shall be paid at one and one-half times the hourly rate of wage. All other hours worked on the fifth, sixth, and seventh days and on holidays shall be paid at double the hourly rate of wage. 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 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 are established, or forty (40) hours of straight timc per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at time ar.d one-half the straight time rate. Hours Is 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 the straight time rate of pay. Any shift starting between the hours of 6:00 pm and midnight shall receive an additional one dollar ($1.00) per hour for all hours worked that shift. The employer shall have the sole discretion to assign overtime work to employees. Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations. After an employee has worked 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 eight (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 are 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 one and one-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 overtime rate until such time as the employee has had a break of eight (8) hours or more. Benefit Code Key — Effective 8/31/2017 thru 3/2/2018 Overtime Codes Continued 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 worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. All hours worked Sundays and holidays shall be aid at double the hourly rate of wage. Each week, once 40 hours of Y Y P Y g 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 hourly rate of wage. All hours worked on Sunday shall be paid at two times 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 work 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 15th shall be compensated at one and one half (1-1/2) times the regular rate of pay. I. All hours worked 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. 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. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at double the hourly rate of wage. All hours worked on Saturdays, Sundays and holidays shall be paid at double the hourly rate of wage. B. All hours worked over twelve (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 workweek scheduled Monday through Thursday, or Tuesday through Friday, the first two (2) hours of overtime after 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 (I-1/2) times the straight time rate of pay, 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 the straight time rate of pay. Benefit Code Key — Effective 8/31/2017 thru 3/2/2018 Overtime Codes Continued 4. D. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at double the hourly rate of wage. All hours worked on Saturday, Sundays and holidays shall be paid at double the hourly rate of pay. Rates include all members of the assigned crew. 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 feed a distribution system, will be paid overtime under the following rates: The first two (2) hours after eight (8) regular hours Monday through Friday of overtime on a regular workday, shall be paid at one and one-half times the hourly rate of wage. All hours in excess of ten (10) hours will be at two (2) times the hourly rate of wage. The first eight (8) hours worked on Saturday will be paid at one and one-half (1-1/2) times the hourly rate of wage. All hours worked in excess of eight (8) hours on Saturday, and all hours worked on Sundays and holidays will be at the double the hourly rate of wage. All overtime eligible hours performed 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 worked 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'/2) 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 rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. G. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. 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. H. 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 overtime hours worked, except Labor Day, and all hours on Sunday 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. Holiday Codes 5. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day (7). B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, the day before Christmas, and Christmas Day (8). C. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). 5 5. D. H. 1. J. K. L. N. P. Q• R. S. T. Z. 6. A E. G Benefit Code Key — Effective 8/31/2017 thru 3/2/2018 Holiday Codes Continued Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Day after Thanksgiving Day, And Christmas (6). Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day, And Christmas Day (7). Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (8). 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). Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday And Saturday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). If A Holiday Falls On Sunday, The Following Monday Shall Be Considered As A Holiday. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). 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). Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, And Christmas Day (7). Paid Holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, And The Day Before Or After Christmas (9). Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Paid Holidays: New Year's Day, Day Before 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). 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). R t Benefit Code Key — Effective 8/31/2017 thru 3/2/2018 Holiday Codes Continued 6. H. Paid Holidays: New Year's Day, New Year's Eve Day, Memorial Day, Independence 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). T. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After 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, the preceding Friday shall be considered as the holiday. If a holiday falls on Sunday, the following Monday shall be considered as the holiday. 7. A. Holidays: New 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 Be Observed As A Holiday On The Following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. B. Holidays: New 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 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, Martin Luther King 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 (8). Unpaid Holidays: President's Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following 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, Independence Day, Labor Day, Thanksgiving Day, the 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. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. F. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after l Thanksgiving Day, the last working day before Christmas 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. 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 observed as a holiday on the following Monday. H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working 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. 1 Benefit Code Key — Effective 8/31/2017 thru 3/2/2018 Holiday Codes Continued I. Holidays: New Year's Day, President's Day, Independence Day, Memorial 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 observed as a holiday on the preceding Friday. K. Holidays: New Year's Day, Memorial Day, Independence 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 the 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, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, And the Day after or before Christmas Day (10). 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. N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the 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. When Christmas falls on a Saturday, the preceding Friday shall be observed as a holiday. P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving 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 Christmas Day and Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following 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 after or before New Year's Day, President'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 the listed holidays fall on Saturday, the preceding Friday shall be observed as the holiday. If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. S. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Day, the Day after Christmas, and A Floating Holiday (9). If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. 1 Benefit Code Key — Effective 8/31/2017 thru 3/2/2018 Holiday Codes Continued T. Paid Holidays: New Year's Day, the Day after or before New Year's Day, President'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 the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. Note Codes ~ 8. 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 Level 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: $0.75, Level C: $0.50, And Level D: $0.25. P. Workers on hazmat projects receive additional hourly premiums as follows -Class A Suit: $2.00, Class B Suit: $1.50, Class C Suit: $1.00, And Class D Suit $0.50. A/ 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 flagging or spotting or other traffic control labor is being utilized. A Traffic Control Laborer performs 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 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 Idaho. 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 Idaho. This classification is only effective on or after August 31, 2012. T. Effective August 31, 2012 — A Traffic Control Laborer performs 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 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 Idaho. This classification is only effective on or after August 31, 2012. u L1 8. Benefit Code Key — Effective 8/31/2017 thru 3/2/2018 Note Codes Continued 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 underground work shall be paid for the entire shift worked. Workers who work suspended by a rope or cable receive an additional $0.50 per hour. The premium for work suspended shall be paid for the entire shift worked. Workers who do "pioneer" work (break open a cut, build road, etc.) more than one hundred fifty (150) feet above grade elevation receive an additional $0.50 per hour. V. In addition to the hourly wage and fringe benefits, the following depth and enclosure premiums shall be paid. The premiums are to be calculated for the maximum depth and distance into an enclosure that a diver reaches in a day. The premiums are to be paid one time for the day and are not used in calculating overtime pay. Depth premiums apply to depths of fifty feet or more. Over 50' to 100' - $2.00 per foot for each foot over 50 feet. Over 101' to 150'- $3.00 per foot for each foot over 101 feet. Over 151' to 220' - $4.00 per foot for each foot over 220 feet. Over 221' - $5.00 per foot for each foot over 221 feet. Enclosure premiums apply when divers enter enclosures (such as pipes or tunnels) where there is no vertical ascent and is measured by the distance travelled from the entrance. 25' to 300' - $1.00 per foot from entrance. 300' to 600' - $1.50 per foot beginning at 300'. Over 600' - $2.00 per foot beginning at 600'. 10 1.2 WORK COVERED BY CONTRACT DOCUMENTS A. The WORK is located at the City of Bremerton's RESERVOIRS 17 AND 20 at 400 Ridge Lane. The site is in a residential neighborhood and the City noise ordinance will be enforced. w B. DESCRIPTION OF WORK: The Work consists of recoating of the exterior of Reservoirs 17 and 20 exterior. They are each 1 million gallon welded steel potable water reservoirs. Each is 19 feet high by 95 feet in diameter and side-by-side. The work includes site mobilization, setting up scaffolding, 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. w C. Upon acceptance of the coating by the Owner, the Contractor shall thoroughly SUMMARY OF WORK SECTION 01010 PART 1- GENERAL 1.1 THE REQUIREMENT hoses and a small booster pump for increasing water pressure for cleaning. The 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 RESERVOIRS 17 AND 20 at 400 Ridge Lane. The site is in a residential neighborhood and the City noise ordinance will be enforced. w B. DESCRIPTION OF WORK: The Work consists of recoating of the exterior of Reservoirs 17 and 20 exterior. They are each 1 million gallon welded steel potable water reservoirs. Each is 19 feet high by 95 feet in diameter and side-by-side. The work includes site mobilization, setting up scaffolding, 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. w C. Upon acceptance of the coating by the Owner, the Contractor shall thoroughly clean the inside of the reservoir to remove any waste material that may have entered during the work. The Contractor shall disinfect the reservoir per AWWA C652 - Method 2 (apply 200 mg/L solution directly to the surface.) There is low pressure water available at the site via a hydrant for cleaning. The City can provide hoses and a small booster pump for increasing water pressure for cleaning. The Contractor will require a double-check backflow preventer to be installed at the hydrant to use the water (available for $2000 deposit at City offices). After disinfection, the City will begin filling the reservoir and take a water sample to a certified laboratory. When the results demonstrate that the water sample passes the fecal coliform test, the City will place the reservoir back on-line and begin draining the other reservoir. After the second reservoir is drained, the Contractor may begin blasting/coating if the scaffold and containment have been set up. 1.3 CONTRACT METHOD A. The WORK hereunder will be constructed as lump sum bid items. RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT SUMMARY OF WORK FEBRUARY 2018 01010-1 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. All waste materials shall remain on the site. If waste materials migrate off the site based on the Contractor's activities, the City may require the Contractor to put up additional barriers. 1.5 OWNER USE OF THE SITE A. There are two reservoirs at the site. One reservoir will always remain in service. The reservoir being coated will be empty and off-line during the coating work. Only the Owner can operate the reservoir. The CONTRACTOR shall cooperate and coordinate with the OWNER as necessary to allow the OWNER to have access to the site during construction. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT SUMMARY OF WORK FEBRUARY 2018 01010-2 t s r SECTION 01020 REFERENCE STANDARDS AND DEFINITIONS PART 1- GENERAL 1.1 REGULATORY REQUIREMENTS 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 ) 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 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 fully as if included in total. When these Specifications or applicable codes contain higher or more restrictive requirements RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT REFERENCE STANDARDS AND DEFINITIONS FEBRUARY 2018 01020-1 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 apply unless a specific date for the referenced standard is cited in these Specifications. 1.3 SPECIFICATION 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. 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 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 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" RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT REFERENCE STANDARDS AND DEFINITIONS FEBRUARY 2018 01020-2 t ,0 STANDARD SPECIFICATIONS Refers to the most current edition of the Washington State Department of Transportation Standard Specifications 61111113."T 1.5 ABBREVIATIONS "submit to the Engineer" 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 Al Asphalt Institute AISC American Institute of Steel Construction AISI 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 AWPA American Society for Testing and Materials American Wood Preservers' Association AWS American Welding Society -- AWWA American Water Works Association CAGI Compressed Air and Gas Institute CBM Certified Ballast Manufacturers CBR California Bearing Ratio Cl Chlorine Institute CISPI Cast Iron Soil Pipe Institute CMAA Crane Manufacturers Association of America CPSC Consumer Products Safety Commission CRA California Redwood Association CRSI Concrete Reinforcing Steel Institute CS Commercial Standards for the U,S. Department of Commerce RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT REFERENCE STANDARDS AND DEFINITIONS FEBRUARY 2018 01020-3 RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT REFERENCE STANDARDS AND DEFINITIONS FEBRUARY 2018 01020-4 CTI Cooling Tower Institute DFPA Douglas Fire Plywood Association DOE Washington State Department of Ecology DOH Washington State Department of Health EIA 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 IAPMO Hoist Manufacturers Institute International Association of Plumbing and Mechanical Officials ICPO International Conference of Building Officials IEEE IES Institute of Electrical and Electronic Engineers 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 NETA International Electrical Testing Association NFPA National Fire Protection Association NGVD National Geodetic Vertical Datum NSF National Sanitation Foundation NWMA National Woodwork Manufacturers 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 SSPC Sheet Metal and Air Conditioning Contractors National Association Structural Steel Painting Council TCA Tile Council of America UBC UPC Uniform Building Code Uniform Plumbing Code UFC Uniform Fire Code UMC Uniform Mechanical Code USDC U.S. Department of Commerce UL Underwriters Laboratories WAC Washington Administration Code WCLIB West Coast Lumber Inspection Bureau WIC Woodwork Institute of California WISHA Washington Industrial Safety and Health Act WSEC Washington State Energy Code RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT REFERENCE STANDARDS AND DEFINITIONS FEBRUARY 2018 01020-4 WSS Washington State Department of Transportation (WSDOT)/ American Public Works Association (APWA) Standard Specifications for Road Bridge and Municipal Constructions PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT REFERENCE STANDARDS AND DEFINITIONS FEBRUARY 2018 01020-5 THIS PAGE LEFT INTENTIONALLY BLANK r i i y 1 I 11 ISECTION 01025 MEASUREMENT AND PAYMENT PART 1- GENERAL 1.1 SCOPE A. This is a lump sum project. 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 Bid Schedule for the various appurtenant items of work. 1.2 BID ITEM NO. 1- EXTERIOR COATING REPLACEMENT FOR RESERVOIR 17 A. Measurement for Bid Item No. 1 to coat the exterior of Reservoir 17 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 17 will be made at the price in the Bid Schedule under Bid Item No. 1. Such price shall constitute full I compensation for the Work included in this bid item to prepare and recoat the entire steel exterior of two (2) one million gallon steel welded potable water reservoirs. The work includes site mobilization, setting up and operating a scaffolded 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 NO. 2 - EXTERIOR COATING REPLACEMENT FOR RESERVOIR 20 C. Measurement for Bid Item No. 2 to coat the exterior of Reservoir 20 is lump sum and shall be based on percent completion of the work associated with this bid item in the approved Schedule of Values. RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT MEASUREMENT AND PAYMENT FEBRUARY 2018 01025-1 D. Total payment for the coating of the entire steel exterior of Reservoir 20 will be made at the price in the Bid Schedule under Bid Item No. 2. Such price shall constitute full compensation for the Work included in this bid item to prepare and recoat the entire steel exterior of two (2) one million gallon steel welded potable water reservoirs. The work includes site mobilization, setting up and operating a scaffolded 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. 1.4 BID ITEM 3 - FORCE ACCOUNT A. Measurement of the total cost of all items paid under Bid Item No. 3 for Force Account shall not exceed the amount given in the Bid Schedule. Measurement will be made for individual items paid under force account. B. Bid Item No. 3 - 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 before the actual work. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT MEASUREMENT AND PAYMENT FEBRUARY 2018 01025-2 SECTION 01030 SAFETY, HEALTH, AND HAZMAT HANDLING PART 1- GENERAL 1.1 DESCRIPTION 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. 4. Safety of the work itself including material and equipment to be incorporated therein. S. 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 City, and paint manufacturer representative, to make site visits and to conduct progress review. The Contractor shall provide the City, the paint manufacturer RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT SAFETY, HEALTH, AND HAZMAT HANDLING FEBRUARY 2018 01030-1 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 Chapter 296-62 WAC Chapter 296-155 WAC Chapter 173-303 WAC Chapter 173-340 WAC 1.4 DEFINITIONS A. Hazardous materials: Safety Standards - Compressed Air Work General Occupational Health Standards Safety Standards for Construction Work Dangerous Waste Regulations Model Toxic Control Act RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT SAFETY, HEALTH, AND HAZMAT HANDLING FEBRUARY 2018 01030-2 1 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. W 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 sufficient quantities to necessitate special handling and disposal under applicable regulations. 1.5 SPECIAL CONSIDERATIONS A. The Contractor shall be responsible for implementing comprehensive safety, health and hazardous materials handling programs. In 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 from hydrocarbon products. Provide a written Hazard Communication Program and Emergency Management Plan addressing these and other potential hazardous substances 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 for 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: RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT SAFETY, HEALTH, AND HAZMAT HANDLING FEBRUARY 2018 01030-3 t 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. RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 SAFETY, HEALTH, AND HAZMAT HANDLING 01030-4 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. 1.7 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 3.1 RESPONSIBILITY FOR EXECUTION A. The Contractor shall have full responsibility for execution of safety, health and hazardous materials handling programs. END OF SECTION I RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 SAFETY, HEALTH, AND HAZMAT HANDLING 01030-5 THIS PAGE LEFT INTENTIONALLY BLANK I [l 1 1 1 1 Ll LE SECTION 01300 CONTRACTOR SUBMITTALS IPART 1 -GENERAL 1.1 GENERAL A. Submittals covered by these requirements include: 1. Shop Drawings/Plans 2. Product Data 3. Samples 4. Reports S. Materials Submittals 6. Administrative Submittals 7. Schedules B. Unless noted otherwise submittals shall be submitted at theP re -construction conference/meeting and then electronically via e-mail after the Notice to Proceed is T 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 v the group or package as a whole. D. A unique 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 sequential 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 1 resubmittals, i.e., A, B, or C being the 1st, 2nd, and 3rd resubmittals, respectively. Submittal 025-13, for example, is the second resubmittal of submittal 025. RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 CONTRACTOR SUBMITTALS 01300-1 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 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 CORRECTIONS NOTED," CONTRACTOR 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 material 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. RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 CONTRACTOR SUBMITTALS 01300-2 J 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 SUBMITTALS 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. If 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 OR USB thumb drive in MS Word, MS Excel, or MS Project format where appropriate for items 1- 5. A 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 5. Detailed Schedule of Values a. 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 RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT CONTRACTOR SUBMITTALS FEBRUARY 2018 01300-3 approved until the Schedule of Values has been reviewed and accepted by the Owner. 6. List of all Subcontractors, including: ■ Percentage value of work assigned. ■ Principal contact(s). ■ Address. ■ 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 required 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 transmittal to the OWNER. D. The following items are also considered Shop Drawings and may be requested to be submitted to the Owner: RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT CONTRACTOR SUBMITTALS FEBRUARY 2018 01300-4 ■ 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 ■ Work plans for different activities on the project (narrative description of proposed method for performing work, including equipment, 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 Manufacturer's. o Inspection. o Governing Agency's. RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 1 CONTRACTOR SUBMITTALS 01300-5 ■ Manufacturer's field service reports. ■ Manufacturer's test reports. ■ Operation and maintenance data. ■ Operation and maintenance manuals. ■ Quality control plan. ■ 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 days prior to 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. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 CONTRACTOR SUBMITTALS 01300-6 1 I 1 SECTION 01311 CONTRACTOR SCHEDULE IPART 1 -GENERAL 1.1 GENERAL A. Scheduling of the WORK shall be performed by the CONTRACTOR in accordance with the requirements of this Section. 1.2 DETAILED CPM AND PROGRESS SCHEDULE A. The Contractor shall submit a detailed overall project schedule (CPM) 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 float. 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. The Contractor shall use a scheduling program like Microsoft Project or equal. B. An updated progress schedule shall be submitted with each monthly payment request. Payment will be withheld until the updated schedule is submitted. C. 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 for 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 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 RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT CONTRACTOR SCHEDULE FEBRUARY 2018 01311-1 THIS PAGE LEFT INTENTIONALLY BLANK 1 1 [i Cl 1 1 i 1 IPART1-GENERAL SECTION 01500 TEMPORARY SITE UTILITIES AND CONTROLS 1.1 TEMPORARY UTILITIES 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: There is a hydrant at the site with low pressure water (20 psi). A hydrant meter must be installed and can be obtained at the Department of Community Development. A refundable $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. B. 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. 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. RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT TEMPORARY SITE UTILITIES AND CONTROLS FEBRUARY 2018 01500-1 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. 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 a residential area and bordered on all sides by homes. The work is subject to the requirements 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 55 dB(A) to the nearest adjacent property. Generally, to meet this requirement, no large equipment (dehumidifier, generator, dust collector, ventilation) should be operated from 10 p.m. to 7 a.m. Any generators used on the project shall be housed in sound -attenuating enclosures. The Contractor is discouraged from locating sound -generating equipment on the east side of the property since that is where the closest homes are located. 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 RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT TEMPORARY SITE UTILITIES AND CONTROLS FEBRUARY 2018 01500-2 1 t 1 1 1 1 1 1 1 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 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 FACILITIES 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 RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT TEMPORARY SITE UTILITIES AND CONTROLS FEBRUARY 2018 01500-3 THIS PAGE LEFT INTENTIONALLY BLANK 1 I 1 i 1 1 ISECTION 01600 PRODUCTS, MATERIALS, AND EQUIPMENT PART 1- GENERAL 1.1 DEFINITIONS 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 QUALITY 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 RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT PRODUCTS, MATERIALS, AND EQUIPMENT FEBRUARY 2018 01600-1 storage times for flammable, hazardous, easily damaged, or sensitive materials to deterioration, theft, and other sources of loss. 1.4 TRANSPORTATION AND HANDLING 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 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 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. RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT PRODUCTS, MATERIALS, AND EQUIPMENT FEBRUARY 2018 01600-2 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. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT PRODUCTS, MATERIALS, AND EQUIPMENT FEBRUARY 2018 01600-3 THIS PAGE LEFT INTENTIONALLY BLANK i J I 1 I 1 1 1 i 1 1 t ISECTION 09960 ISTEEL RESERVOIR COATING SYSTEM PART 1 -GENERAL 1.1 SCOPE The Work includes removing the existing exterior coating, surface preparation, and installing a new exterior coating for the City of Bremerton Reservoirs 17 and 20, located at 400 Ridge Lane. The two (2) welded -steel 1 million gallon reservoirs were constructed in 1977 and 1981 and last recoated in 1995. Each reservoir is approximately 19 feet high and 95 -feet in diameter. The reservoirs are located behind a secured -chain-link fence in a residential neighborhood with homes on all sides. Aerial vicinity and location maps are included at the end of this section. The reservoir being coated must remain empty and off-line during the entirety of the blasting/coating work for that reservoir. The other reservoir must remain on-line to provide service. 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 Q. Specifically, the project work includes: • Staging and storing all equipment and materials within the fence line. • 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 RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM FEBRUARY 2018 09960-1 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. An exterior coating assessment report was prepared by Northwest Corrosion Engineering in January 2015 and is included in Appendix B. Results from a lead swab test were negative for the presence of lead in the coatings. Abrasive blasting and prime coating of the blasted area must be done on the same day. Blasting all surfaces until the surface has been prepared in entirety, followed by applying the prime coat in entirety, will not be permitted. No exceptions will be made to this requirement. Ensure to bid accordingly. 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 Representatives) (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. RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 STEEL RESERVOIR COATING SYSTEM 09960-2 t 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 OCI. 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 Institute. 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 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. 1313. 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/ Res urfaci ng 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. II. Stripe Coat: A separate coat of 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 subsequent coat(s). JJ. 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 RESERVOIRS 17 AND 20 -EXTERIOR COATING REPLACEMENT FEBRUARY 2018 i� STEEL RESERVOIR COATING SYSTEM 09960-3 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 metal 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 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 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 International) 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 Technology "Certified Coating Thickness Standards for Nonmagnetic Coating on Steel" The Society for Protective Coatings (SSPCI PA 1, "Shop, Field and Maintenance Painting" PA 2, "Measurement of Dry Paint Thickness with Magnetic Gages" SP 1, "Solvent Cleaning" RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 STEEL RESERVOIR COATING SYSTEM 09960-4 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. The Contractor shall be SSPC QP -1 certified. A copy of the Contractor's QP -1 manual shall be presented to the City upon request. C. Coating products shall be from a single manufacturer. D. The Contractor's methods shall conform to requirements of this specification and the 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. E. 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. F. Contaminated, outdated, diluted materials, and/or materials from previously opened containers shall not be used. G. For repairs, the Contractor shall provide the same product, or products recommended by the CSM, as used for the original coating. H. The Contractor shall identify the points of access for inspection by the Owner or OCI. The Contractor shall provide ventilation, ingress and egress, and other means necessary for the Owner, CTR, and OCI to safely access the work areas. I. 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 requested 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. J. 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 RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 i' L STEEL RESERVOIR COATING SYSTEM 09960-5 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 executed daily to ensure the blasted surfaces have been suitably cleaned for priming each day. K. 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. L. 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. 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 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. 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 2. Surface preparation recommendations. 3. Primer type, where required. RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 STEEL RESERVOIR COATING SYSTEM 09960-6 11 L t 13. Exterior color samples as requested by Owner B. Safety Data Sheets (SDS) for materials to be delivered to the job site, including coating system materials, solvents, and abrasive blast media. 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. The plan shall include calculations for sizing air dryers, dehumidifiers, and other air moving/drying equipment. 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 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. RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM FEBRUARY 2018 09960-7 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 thinner solutions to be used with each coating. 8. Ventilation requirements. 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. Safety Data Sheets (SDS) for materials to be delivered to the job site, including coating system materials, solvents, and abrasive blast media. 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. The plan shall include calculations for sizing air dryers, dehumidifiers, and other air moving/drying equipment. 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 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. RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM FEBRUARY 2018 09960-7 1.7 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. Inspect 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. 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. Instructions are included on the form. A form must be executed for each Hold Point prior to moving on to the next activity. HOLD POINT INSPECTION TABLE Activity Description / Hold Point # 1 Setup 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. DO NOT PROCEED UNTIL ALL EQUIPMENT AND THE CONTAINMENT/VENTILATION SYSTEM HAVE BEEN ACCEPTED BY THE OCI. 2 Surface Preparation and Priming: Ongoing daily inspection of surface RESERVOIRS 17 AND 20 — EXTERIOR COATING REPLACEMENT FEBRUARY 2018 STEEL RESERVOIR COATING SYSTEM 09960-8 Wo. 1.9 WARRANTY INSPECTION A one-year warranty inspection will be conducted during the 12th month after the coating 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. COORDINATING WITH CATHODIC PROTECTION (CP) DESIGNER/INSTALLER The City is hiring a cathodic protection (CP) designer/installer to drill approximately 20 holes (6" diameter) on the roof of the reservoir. The holes will be drilled and covered before the Contractor shows up at the site. The holes will be covered with metal caps or tape. The Contractor will be required to coat around the cut edges and immediate interior of the holes with the coating system. 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. 1 RESERVOIRS 17 AND 20 — EXTERIOR COATING REPLACEMENT FEBRUARY 2018 Li STEEL RESERVOIR COATING SYSTEM 09960-9 preparation for proper degree of cleanliness and surface profile (SP -10) prior to application of the prime coat. 3,4,5,6 Inspection of Prime. Stripe. Intermediate. and Final Coat Application. Upon completion of the each coat of prime, stripe, intermediate, and final coat (Hold Points 3 through 6, respectively), the OCI shall inspect, measure, and record the dry or wet film 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 accepted by the OCI, and it is sufficiently cured for recoat per the manufacturer's recommendations. 7 Post -cure testing 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. WARRANTY INSPECTION A one-year warranty inspection will be conducted during the 12th month after the coating 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. COORDINATING WITH CATHODIC PROTECTION (CP) DESIGNER/INSTALLER The City is hiring a cathodic protection (CP) designer/installer to drill approximately 20 holes (6" diameter) on the roof of the reservoir. The holes will be drilled and covered before the Contractor shows up at the site. The holes will be covered with metal caps or tape. The Contractor will be required to coat around the cut edges and immediate interior of the holes with the coating system. 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. 1 RESERVOIRS 17 AND 20 — EXTERIOR COATING REPLACEMENT FEBRUARY 2018 Li STEEL RESERVOIR COATING SYSTEM 09960-9 TNEMEC Coating Product Coating DFT (mils) Minimum Maximum Primer Tneme-Zinc Series 90-97 2.5 3.5 Intermediate Series N69 Epoxy 4 6 Top Coat Series 73 Endura -Shield 3 5 Surface filler: Series 215 Epoxy Filler SHERWIN WILLIAMS Coating Product Coating DFT (mils) 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 three coats: 1) Zinc -rich primer coat; 2) Two-part epoxy intermediate coat; 3) Polyurethane top coat. Coatings thicknesses shall be as described in Paragraph 2.1. Do not begin the next coat until the previous coat has cured and the Hold Point has been accepted by the OCI. B. Abrasive blasting and prime coating of that area shall be done on the same day. Blasting all surfaces until the surface has been prepared in entirety, followed by applying the prime coat in entirety, will not be permitted. No exceptions will be made to this requirement. C. Each successive coating shall be a different color than the previous coating to allow for visual verification of coverage. The intermediate epoxy coat shall not be green RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 STEEL RESERVOIR COATING SYSTEM 09960-10 t since the topcoat is green. D. Topcoat shall match Tnemec Foliage (RGB 62/66/44). E. Stripe Coat: Apply an epoxy stripe coat between the intermediate coat 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 brushes only using back and forth strokes to ensure that the coating is worked into all irregular surfaces. F. Weld -slag removal: Grind down any weld slag/splatter daily in the blasted area prior to applying prime coat. Ensure removal of any contamination on the metal surface generated from weld -slag removal prior to applying prime coat. Weld -slag removal shall be considered incidental to Bid Item #1. G. Filling in voids: After application of the prime coat, fill in noticeable voids and gaps on the reservoir shell and roof using the epoxy surface filler and where directed by the OCI and in accordance with the manufacturers recommendations. All costs for filling in voids and gaps shall be considered incidental to other bid items. H. Perimeter seal: There is a small gap around the outside perimeter of the reservoir between the steel tank and concrete base slab. Fill the gap with gray Sikaflex 1A (or approved equal) to create a seal between the steel tank and concrete base slab. Color: Gray. Use backer rod if the gap exceeds Y2- depth. Do not prime coat the blasted surface until the surface has been inspected by the OCI and the Hold Point form has been executed. The Contractor shall schedule their work with the OCI accordingly. Do not coat over visible rust bloom or contaminated surfaces. If, for any reason, rust bloom appears on the exterior surface to be coated, restore that surface to a near white metal blast (SSPC-SP 10). K. At the beginning of the project after the reservoir is emptied, City staff will open all side hatches and remove the hardware and gaskets. The Contractor shall prepare and coat each bolt hole opening and gasket surface. City staff will reinstall new hardware and gaskets prior to placing the reservoir back into service. During the work, keep the access hatches closed using wire or nuts/bolts. L. 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. M. 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. RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 t STEEL RESERVOIR COATING SYSTEM 09960-11 N. 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. 0. 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. 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 213 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 o Method G - Visual Assessment of Site Cleanliness o Method B -Ambient Air Monitoring for PM -10 maybe required 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 RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 STEEL RESERVOIR COATING SYSTEM 09960-12 1 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 A. TANK WASH Prior to blasting and before set up of the containment system, thoroughly wash the entire exterior of the reservoir to remove dirt, oil, grease, chlorides and any other contaminants which could compromise the new coating system. The water used for washing shall be mixed with Chlor -Wash from Chlor -Rid International to the dilution ratio recommended by the manufacturer. B. ABRASIVE BLAST CLEANING 1. The steel surfaces scheduled for coating shall be prepared to the SSPC-SP 10 standard ("near white metal blast cleaning"). Preparation of metallic surfaces shall be based upon comparison with SSPC-VIS1-89 (ASTM D2200). The abrasive used shall be washed, graded and free from contaminants that might interfere with the adhesion of the coatings. 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. S. 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 RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 L STEEL RESERVOIR COATING SYSTEM 09960-13 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. 9. The Contractor is responsible for dust control and for protection of mechanical, electrical, and other equipment adjacent to and surrounding the work area. 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. Mill scale removal: Where the Contractor encounters mill scale, it shall be removed. The extent of mill scale on the tank is unknown and it is the Contractor's responsibility to verify limits and extent of mill scale prior to the bid. 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 requirements of this specification. Mill scale removal is considered incidental to Bid Item #1. 12. All materials and waste byproducts associated with abrasive blasting shall be contained within the reservoir containment area. 3.4 APPLICATION A. WORKMANSHIP: 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. RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 STEEL RESERVOIR COATING SYSTEM 09960-14 1 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 may be either brush or spray applied. S. 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 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 measurement after readings are taken. 9. Contractor shall NOT apply coatings under the following conditions: • 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 80% during abrasive blasting and prior to application of first coat. RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 STEEL RESERVOIR COATING SYSTEM 09960-15 • 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. C. FILM THICKNESS AND CONTINUITY: 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. 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 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. RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 STEEL RESERVOIR COATING SYSTEM ' 09960-16 1-1 RESERVOIRS 17 AND 20 LOCATION MAP ' RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT FEBRUARY 2018 STEEL RESERVOIR COATING SYSTEM 09960-17 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 PASS 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: NAIVE 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: SIGNATURE (NAGE LEVEL 3 INSPECTOR) SIGNATURE (CITY INSPECTOR, IF PRESENT DURING INSPECTION) SIGNATURE (CONTRACTOR REPRESENTATIVE PRESENT DURING THE INSPECTION) END OF SECTION RESERVOIRS 17 AND 20 - EXTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM FEBRUARY 2018 09960-19 THIS PAGE LEFT INTENTIONALLY BLANK F 1 11 i �� f] El i 1 I'�_J 11 APPENDIX A C1Li all i Ift Bi HO 01x11 1! &► THIS PAGE LEFT INTENTIONALLY BLANK u 1 t i r 1 I-] 1 J 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 hereby release the City of Bremerton from all claims, liability, demands, damages and actions of any kind whatsoever, arising from performance of that Contract. <CONTRACTOR> ' By: Date: Title: Certificate of Notary Subscribed and sworn to before me this day of , r O Q 4) Q � O G N 7 Q cm (� O G> LL C A Vwo O o 0 0 0 0 0 0 0 o o O o 0 0 0 0 0 0 0 0 0 0 0:00 0 0 0 0 0 0 0: 0 0 0 0 0 0 0 0 0 0 0: 0 0 0 0 0 0 0 0 0 0 0 0 0.0 0 0 0 0 0 0 0 44 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0: 0 0 0 0 00 0 0 c fA v3 6G, 613 63 fA vl EA v) vi 44 c GT vi fA 6'D 69 60,v3 63 fA 01,Q4 04 ml, u) d> v> 64>d> u) v> v> 7 0 7 0 E E a a w O 0 'c a a m ao a Lo 7cu a OL rp.� a0 o�� 0 cc �2o FON Y R' a c0 0 0 ~ @ J2 c �a a) _ c c F d c 0ti ° a) 0 o d o° ° p o cc U) !C 2 D N N (4 d H: J W (n (1)m (n G: d bd `— 0 pcu C 7 p Cl >Y O O U Q N E Z C f0 :� N O O D i U O c -o.0 7 a Cn 'C U N O O Z Z 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 o O0 C 00000000000000 e» vi 64 vi 63 vi v> e» 63 613 e» vi KT wEA 00000000000000 06 vi EA vi vi v3 v3 vi v3 6'i v3 vi v3 vi v> w 7 o 7 ° E E a a o 0 0 0 0 0 0 0 0 0 o 0 0 0 > o 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0@ 0 0 0 O Y> m : e m�vYe»E»v3<nW 0 0 0 0 0 0 0 �u>va v3v�v30 p Er ~ . ° m 7 a T L' O 0` 7 N U) g L. .: E d p; d a C ° O O �': 0° m ca J J J W W W Q m L ° m O E o U O Q H C O am J to 7 7 _ W o) E2ui c cn U Y 7 o � _ 0 Z �o o Q, 06 E E a c n Z o J O w W U U 0 N N O OZ O O CITY OF BREMERTON REQUEST FOR INFORMATION Log No. (Unique, Chronological) Project Title: Project No.: Contractor: Contract Date: (For Contractor's Use) Date: Subject: Information Description: Contractor's Authorized Signature: Date: Information Description: Owner's Authorized Signature: (For Owner's Use) Subject: J U � a) N m E ca u) Q a) N C UC) M a) Z O U N o c O =a) Z N N U X W Q CD E `r r 'a n Z Z O U U a � � O N N 7 Z Z a) O O 0 N E d 4 O ril 0 U (� O C Z 0 LU2 LL W LL 0 r U a - U CD w a) N OY m o ~ U � a) N m E ca u) Q a) N C UC) M a) Z O U N o c O =a) Z N N U X W CD E 'a n O U U 0 O U (� O C C O O U a — O U co w a) L m a) E 0 U m m H c 0 3 � U N (6 Cna� CL NO =Z 0 0 N O w �U a) a N Ch c a) E m o' 0 m N N N E m �E N t C E `o f CL CITY OF BREMERTON WORK CHANGE DIRECTIVE (WCD) I WCD #: iATTACHM Date: Project Name Project #: Contractor: Notice to Proceed Date: YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(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: ' ❑ Unit Price ❑ Lump Sum ' ❑ Time & Materials ❑ Other: Estimated increase (decrease) in Contract Price If the change involves an increase, the estimated amount is not to be exceeded without further authorization. RECOMMENDED: CONTRACTOR I By IPAGE 1 OF 1 Method of determining change in Contract Times: ❑ Contractor's Records ❑ Engineer's Records ❑ Other: Estimated increase (decrease) in Contract Times: Substantial Completion: 0 days; Ready for final payment: 0 days; If the change involves an increase, the estimated times are not to be exceeded without further authorization. AUTHORIZED: By: CITY OF BREMERTON THIS PAGE LEFT INTENTIONALLY BLANK Fi ll� 1 1 1 APPENDIX B RESERVOIRS 17 AND 20 CONDITION ASSESSMENT REPORT THIS PAGE LEFT INTENTIONALLY BLANK 1 u J 1 1 1 1 11 January 2, 2015 orthwest Corrosion Engineering 1 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 Reservoirs 17 and 20 Exterior Coating Assessment IMr. Davis, ' Northwest Corrosion Engineering completed an external coatings evaluation for the City of Bremerton's Reservoirs 17 and 20. 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 reservoirs 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. I Page 1 of 9 January 2015 City of Bremerton , Reservoir 16 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 normal 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: 5A — 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. , I — 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 Hatch 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. 5B — 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% of the lattice. 2B — The coating has flaked along the edges and on parts of the squares. The area affected is 15% to 33% of the lattice. 1B — 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. I OB — Flaking and detachment worse than grade 1. Page 2 of 9 1 r-, L 11 7 1 J January 2015 City of Bremerton Reservoir 16 Coating Assessment 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 Exterior Coating Inspection The exterior coatings associated with both Reservoirs 17 and 20 consist of multiple layers of coating. It is our understanding that the original coating on these reservoirs was over coated several years ago. Based upon a visual evaluation, it is apparent that the over coat work involved coatings that were either incompatible with the existing coating material or there was a significant amount of contamination on the existing coating prior to the application of the new coating. Regardless of the root cause, the existing overcoating materials on both reservoirs have failed. The coating can be easily removed in large sheets, revealing a smooth coating underneath. It is possible that the underlying coating was not swept -blasted prior to coating application which would have created a rough surface capable of properly accepting an over coat. Reservoir 17 — Typical coating loss, similar to Reservoir 20 Page 3 of 9 January 2015 City of Bremerton ' Reservoir 16 Coating Assessment Coating make-up of Reservoirs 17 and 20 1 1 1 The roof surfaces on both reservoirs are in equally poor condition. There is exposed primer ' over approximately 15% of the surfaces with <3% of the primer having failed to the point of exposing the underlying steel associated with Reservoir 17. The roof coating on Reservoir 20 , is in much better condition with only a few instances of failed topcoat. For both reservoirs, there was no pitting noted on the sidewalls and roof surfaces during our inspection and the welds appeared to be in generally good condition. I u 1 Page 4 of 9 1 1 7 �J 1 t 1 r 1 January 2015 City of Bremerton Reservoir 16 Coating Assessment Reservoir 17 roof — significant topcoat loss Exterior Coating Thickness Reservoir 20, roof coating in better condition with minor spots of damage and debris accumulation The exterior coating consists of a four part coating system. The prime coat is red in color and measured 2.0 mils at the tested locations. The forest green intermediate coating ranged between 2.0 and 3.0 mils thick and the silver second intermediate coat measured 1.0 mil. The light green topcoat measured approximately 5.0 mils. Total coating thickness at the locations measured using the Tooke Gauge ranged from 9 — 11 mils. Approximately fifty dry film thickness measurements were recorded at accessible locations on each reservoir's shell and roof using the dry film thickness gauge. The readings ranged between 4.5 and 16.8 mils, with a majority of the readings measured between 8.0 and 13.0 mils. Exterior Coating Adhesion Characteristics A single x -cut and cross hatch test were completed on the original topcoat and existing prime coat of Reservoir 20 and on the original topcoat of Reservoir 17. Results of the testing showed that the original topcoat of Reservoir 20 was poorly adhered while the existing prime coat was tightly adhered. The original topcoat on Reservoir 17 also demonstrated tightly adhering characteristics. Reservoir 17 Reservoir 20 X Cut Cross Hatch Original topcoat 4A 513 Original topcoat 2A OB Existing primer 5A 4B IPage 5 of 9 January 2015 City of Bremerton Reservoir 16 Coating Assessment Reservoir 17 — Original topcoat good adhesion at tested location Reservoir 20 — original topcoat poor adhesion at tested location Five separate pull -off adhesion tests were performed; three with the dolly glued to the topcoat and two 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 Dolly Location Pull -Off Value Failure Description 1 Res 20, prime 1,172 psi 90% cohesive failure between prime coat and dolly glue 2 Res 20, int. 167 psi 90% intermediate (original topcoat) failure 3 Res 17, prime 1,004 psi 5% prime coat failure 4 Res 17, 1St int. 969si p 45% int. coat failure with primer, 55% glue failure 5 Res 17, 2nd int. 574 psi 90% original topcoat (1,d int. coat) failure and cohesive failure between int. and prime coat NOTE: Pull -off testing was not completed on the existing top and 2nd (silver) intermediate coats. These layers of paint are not adherent to the 1St (forest green) intermediate coat. Page 6 of 9 January 2015 City of Bremerton Reservoir 16 Coating Assessment Pull -off dolly pictures Lead Tests Testing for lead based paint was performed at two locations on the exterior of each reservoir 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 top two paint coats associated with Reservoirs 17 and 20 are in poor condition and are not well adherent to the reservoir surfaces. Page 7 of 9 January 2015 City of Bremerton , Reservoir 16 Coating Assessment 2. The original topcoat (forest green) on Reservoir 17 is in acceptable condition but will continue to deteriorate as more of the over -coating peels from the reservoir. 3. The original topcoat (forest green) on Reservoir 20 is loosely adhered. 4. Total coating thickness range from 4.5 to 16.8 mils at the tested locations. 5. Using a razor knife, the top and intermediate coats could be easily scraped off in the tested areas. 6. Based upon the pull -off tests, the prime coat on each reservoir is tightly adhered to the steel substrate. 7. Two tests using field lead check swabs did not indicate the presence of lead in any of the coating materials. 8. There was no noted pitting on the exposed steel surface. 9. The visible welds appear to be in good condition. RECOMMENDATIONS 1. If a useful coating life of 15 — 20 years is desired, the existing top three coats of paint should be removed from Reservoirs 17 and 20 and the existing prime coat over -coated with a compatible two-part epoxy intermediate coat along with a polyurethane topcoat. 2. Completely removing all coatings and applying a three coat system consisting of a zinc - rich primer, two-part epoxy intermediate coat, and a polyurethane top coat should be applied if a greater than 25 year life is desired. 3. To extend the life of the existing coating, the reservoir should be power washed to remove all organic matter and the existing loosely adherent coating material. All exposed areas of steel should then be cleaned to remove all corrosion product. The exposed steel surface should be prepared such that it would accept a protective coating. Performing this work should result in putting off any major repair/upgrade coating work for an additional 3-5 years. 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 Jeremy Hailey, P.E. NACE Corrosion Specialist #5401 NACE Level 3 Coating Inspector # 5672 APPENDIX A: Classification Grading for Cross Hatch Test Page 8 of 9 January 2015 City of Bremerton Reservoir 16 Coating Assessment APPENDIX A - CROSS HATCH GRADING CLASSIFICATION and r&M Surface of CrowCut Area from Which Fla" has Gccured. (Example for Six Parceled Cuts) 3 5B None f 4 , 38 2B is i OB Greater 65% I Figure U-25: Classilkation of Adhesion Tape Test Results /NU Page 9 of 9 THIS PAGE LEFT INTENTIONALLY BLANK 1 1 r Fl 1 r 11 �I APPENDIX C RESERVOIRS 17 AND 20 ORIGINAL CONSTRUCTION DRAWINGS 1 71, F J THIS PAGE LEFT INTENTIONALLY BLANK i 1 I Ci J .r �.. 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THIS lel THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD DATE 0411 3/201 8Y) 04/13/2018 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS 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). PRODUCER CONTACT THE BROKERAGE COMMERCIAL INSURANCE SERVICES, Inc. 20261 SW Acacia St., Suite 200 Newport Newport Beach, CA 92660 n/c°, No, Ext): 949 287-5677 FAX No No). E-MAIL INSURER(S) AFFORDING COVERAGE NAIL R INSURER A: Nautilus Insurance Company 17370 INSURED INSURER B: Great Divide Insurance Company 25224 _ INSURER C: Liberty Insurance Underwriters Inc. 19917 Simpson Sandblasting & Special Coatings, Inc. INSURER D: 14665 Rancho Vista Dr. Fontana, CA 92335 �( ECP2022176-10 INSURER E: INSURER F: rnVCDArCC 1`C0T1C1f`A7C G111RADC0. THIS lel 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 CONDITION 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENEVLIABTY EACH OCCURRENCE 1'000'CLAIMS-MADEUR DAMAGE TO RENTED 100,000 �( �( ECP2022176-10 05/01/2017 05/01/2018 X Contractual Lia/ "— MED EXP (Any oneperson) 10,000 X GL/CPL DED: $2,001 PERSONAL &ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY LX JECT El LOC GENERAL AGGREGATE 2,000,000 PRODUCTS - COMP/OP AGG 2,000,000 Pollution Liab. 1,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINEDden SINGLE LIMIT 1,000,Q,00 AV X ANY AUTO OWNED SCHEDULED AUTOS ONLY ALTOS X X BAP2022340-10 05/10/2017 05/10/2018 er BODILY INJURY Perperson) BODILY BRORDILY INJURY Per accident PPe�acatle,, AMAGE -- p AUTOS ONLY AUTO ONLY C UMBRELLA LIAB 'C OCCUR5,000, EACH OCCURRENCE 0 _ AGGREGATE S,000,OO X EXCESS LIAB CLAIMS -MADE 1000257768-01 05/01/2017 05/01/2018 DED RETENTION$ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN p�FICER/MEMgW) EXCLUDED' (Mandatory In NH) If es, describe under DESCRIPTION OF OPERATIONS below N / A X WCA2022175-10 05/01/2017 05/01/2018 X I PER OTH- E.L. EACH ACCIDENT 1,000, Q E.L. DISEASE - EA EMPLOYE 1,000,00 __ E.L. DISEASE - POLICY LIMIT -It 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: Project: Reservoirs 17 & 20 — Exterior Coating Replacement. glaipwv/auaiwv/wcwv City of Bremerton, the engineer,(Non-Profess10 1 Endeavor Only), and their consultants and subconsultants and their officer's, director's, agents, and employees are included as Additions s w respec eneral and Auto Liability per attached endorsement. and This Insurance shall a y as Pril on -Cont Dry per attached endorsement. Waiver of Subro ati for Workers' Compensation, General Liability, and Auto Liability: See Attached Endorsements. City of Bremerton 3027 Olympus Drive Bremerton, WA 98310 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Z ACORO° AGENCY CUSTOMER ID: SIMPSAN-01 LOC #: 1 ADDITIONAL REMARKS SCHEDULE JLOPEZ Page 1 of 1 AGENCY HE BROKERAGE COMMERCIAL INSURANCE SERVICES, Inc. NAMED INSURED Simpson Sandblasting & Special Coatings, Inc. 14665 Rancho Vista Dr. Fontana, CA 92335 POLICY NUMBER EE PAGE 1 CARRIER EE PAGE 1 NAIC CODE SEE P 1 EFFECTIVE DATE: SEE PAGE I THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACCIRD 25 FORM TITLE: Certificate of Liability Insurance Cancellation: "Except 10 Days Notice of Cancellation for Non -Payment of Premium. Should this policy be cancelled before the expiration date, The Brokerage Commercial Services, Inc. will mail 30 (thirty) days written notice to those Certificate Holders which require such action per contract or agreement.' 1GUKU 101 (ZOO5/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy# BAP2022340-10 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. BUSINESS AUTO - ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section II — Liability Coverage A. — Coverage, 1. Who is an Insured, is amended to add: d./result y person or organization to whom you become obligated to include as an additional insured under this policy, as a of any contract or agreement you enter into, excluding contracts or agreements for professional services, which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy; or 2. The coverage and/or limits required by said contract or agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office, Inc., with its permission. BSUM CA 06 02 13 Page 1 of 1 POLICY NUMBER: BAP2022340-10 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Vamed Insured: Simpson Sandblasting & Special Coatings, Inc. indorsement Effective Date: 05/10/2017 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any Principal wherein such waiver has been included before loss as part of a contractual undertaking by the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. ' r The Transfer Of Rights Of Recovery Against J�' Others To Us condition does not apply to the,,/' person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior ' to the "accident' or the 'loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 I Policy Number: ECP2022176-10 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. ADDITIONAL INSURED - BLANKET This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY ' In consideration of the premium charged and notwithstanding anything contained in this policy to the contrary, it is hereby agreed and understood that this endorsement shall apply only to the Coverage Part(s) corresponding with the box or boxes marked below. COVERAGES PARTS A AND B — GENERAL LIABILITY X I COVERAGE PART D — CONTRACTORS POLLUTION LIABILITY ' t SECTION III — WHO IS AN INSUR s amended to include as an insured, with respect to Coverage A, B and D, any person(s) or organization(s) when y(56 and such person(s) or organization(s) have agreed in a written contract or written agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such written contract ' or written agreement must be in effect prior to the performance of your work which is the subject of such written contract or written agreement. Such additional insured status applies only: 1. Under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY for claims or suits resulting from: a. Your work performed for such person(s) or organization(s) in the performance of your ongoing operations for the additional insured; or b. Your work performed for such person(s) or organizations(s) and included in the products -completed operations hazard. 2. Under COVERAGE D CONTRACTORS POLLUTION LIABILITY for claims or suits arising out of pollution conditions that are the result of: a. Your work performed for such person(s) or organization(s) in the performance of your ongoing operations for the additional insured; or b. Your work performed for such person(s) or organizations(s) and included in the products -completed operations hazard. With respect to damiges caused by your work, as described above, the coverage provided hereunder shall be�prima11 ry and not co rib 'ng with any other insurance available to those person(s) or organization(s) with which you have�o agreed in a tten contract or written agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. © 2006 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. © 1985-2006 by Insurance Services Office, Inc., material used by permission. ECP 1004 0410 Page 1 of 1 Policy Number: ECP2022176-10 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. WAIVER OF SUBROGATION It is agreed that the Company, in the event of any payment under this policy, waives its right of recovery against any Principal, but only at the specific written request of the Named Insured either before or after loss, wherein such waiver has been included before loss as part of a contractual undertaking by the Named Insured. This waiver shall apply only with respect to losses occurring due to operations undertaken as per the specific contract existing between the Named Insured and such Principal and shall not be construed to be a waiver with respect to other operations of such Principal in which the Named Insured has no contractual interest. No waiver of subrogation shall directly or indirectly apply to any employee, employees or agents of either the Named Insured or of the Principal, and the Company reserves its right or lien to be reimbursed from any recovery funds obtained by any injured employee. This waiver does not apply in any jurisdiction or situation where such waiver is held to be illegal or against public policy or in any situation wherein the Principal against whom subrogation is to be waived is found to be solely negligent. © 2006 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. © 1985-2006 by Insurance Services Office, Inc., material used by permission. ENV 2004 0906 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-841 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Blanket as Required in Written Contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 5/1/17 Policy No. WCA2022175-10 Endorsement No. Insured Insurance Company Simpson Sandblasting & Specialty Coatings, Inc. Countersigned By r.nVFRAr±FC RFRTIFIr`ATF III IMRFR• RF\/ISIrVI til IMRPR- 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 CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ACORO" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 04/25/2018 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS 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). PRODUCER CONTACT NAME: PHONE o, EM): (949) 287-5677 FAX No): THE BROKERAGE COMMERCIAL INSURANCE SERVICES, Inc. 20261 SW Acacia St., Suite 200 Newport Beach, CA 92660 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # 05/01/2018 INSURER A: Nautilus Insurance Company 17370 EACH OCCURRENCE $ 1,000,q0 INSURED INSURER B: Great Divide Insurance Company 25224 INSURER C: Tokio Marine Specialty Insurance Co ny 23850 Simpson Sandblasting & Special Coatings, Inc. INSURER D: 14665 Rancho Vista Dr. Fontana, CA 92335 INSURER E INSURER F: r.nVFRAr±FC RFRTIFIr`ATF III IMRFR• RF\/ISIrVI til IMRPR- 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 CONDITION 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 ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X X ECP2022176-11 05/01/2018 O�/2019 EACH OCCURRENCE $ 1,000,q0 DAMAGE TO RENTED 100,00 PREMISES Ea occurrence $ MED EXP (Any oneperson) $ 5'000 X Contractual LIab4CC , X GL/CPL Ded: $10, O PERSONAL & ADV INJURY $ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JT GENERAL AGGREGATE $ 2'000'000 2,000,000 Pollution Liab. $ 1,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000, 0 Ea accident $ BODILY INJURY Per person)$ X ANY AUTO X X BAP2022340-11 05/10/2018 05/01/2019 1 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ DAMAGE Per accident $ HIRED NONEDPROPERTY AUTOS ONLY AUTOS ONLY $ C UMBRELLA LIAB �CCUR EACH OCCURRENCE $ 5'000' 00 AGGREGATE $ 5'000'0 X EXCESS LIAR CLAIMS -MADE PUB626468 05/01/2018 05/01/2019 DED X RETENTION$ 0 B WORKERS COMPENSATIONO AND EMPLOYERS' LIABILITY Y ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A X WCA2022175-11 05/01/2018 05/01/2019 X STATUTE ERH 1,000"'o E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below 1,000,000 E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES CORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project: Reservoirs 17 & 20 — Exterior C ing Replacement. glaipwv/auaiwv/wcwv City of Bremerton, the engineer,(Non-Prof sional End vors Only), and their consultants and subconsultants and their officer's, director's, agents, and employees are inclyded as Additional ureds as re cts General and Auto Liability per attached endorsement. This Insurances all apply as Primary and Non.witributory per attached endorsement. Waiver of Sgation for Workers' Compensation, General Liability, and Auto Liability: See Attached Endorsements. CFRTIFIEATF wr1I r1FR CANRFI 1 ATIr)K1 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Bremerton City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3027 Olympus Drive Bremerton, WA 98310 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORO` AGENCY CUSTOMER ID: SIMPSAN-01 LOC #: 1 ADDITIONAL REMARKS SCHEDULE JLOPEZ Page 1 of 1 AGENCY HE BROKERAGE COMMERCIAL INSURANCE SERVICES Inc. NAMED INSURED Simpson Sandblasting & Special Coatings, Inc. 14665 Rancho Vista Dr. Fontana, CA 92335 POLICY NUMBER EE PAGE 1 CARRIER EE PAGE 1 NAIC CODE SEE P 1 EFFECnVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Cancellation: "Except 10 Days Notice of Cancellation for Non -Payment of Premium. Should this policy be cancelled before the expiration date, The Brokerage Commercial Insurance Services, Inc. will mail 30 (thirty) days written notice to those Certificate Holders which require such action per contract or agreement." ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Insured: Simpson Sandblasting & Special Coatings, Inc.; REA Hauling Services, LLC Effective: 05/01/2018-05/01/2019 Policy Number: ECP2022176-11 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. ADDITIONAL INSURED — BLANKET This endorsement modifies insurance provided under the following ENVIRONMENTAL COMBINED POLICY In consideration of the premium charged and notwithstanding anything contained in this policy to the contrary, it is hereby agreed and understood that this endorsement shall apply only to the Coverage Part(s) corresponding with the box or boxes marked below. X COVERAGES PARTS A AND B — GENERAL LIABILITY COVERAGE D — CONTRACTORS POLLUTION LIABILITY SECTION III — WHO IS AN INSURED is amended to include as an insured, with respect to Coverage A, B and D, any person(s) or organization(s) when you and such person(s) or organization(s) have agreed in a written contract or written agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such written contract or written agreement must be in effect prior to the performance of your work which is the subject of such written contract or written agreement. Such additional insured status applies only: 1. Under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY for claims or suits resulting from: a. Your work performed for such person(s) or organization(s) in the performance of your ongoing operations for the additional insured; or b. Your work performed for such person(s) or organizations(s) and included in the products -completed operations hazard. 2. Under COVERAGE D CONTRACTORS POLLUTION LIABILITY for claims or suits arising out of pollution conditions that are the result of: a. Your work performed for such person(s) or organization(s) in the performance of your ongoing operations for the additional insured; or b. Your work performed for such person(s) or organizations(s) and included in the products -completed operations hazard. With respect to damag,pe caused by your work, as described above, the coverage provided hereunder shall be primary and not contributin ith any other insurance available to those person(s) or organization(s) with which you have so agreed in a w e contract or written agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1004 08 16 Page 1 of 1 Insured: Simpson Sandblasting & Special Coatings, Inc.; REA Hauling Services, LLC Effective: 05/0112018-05/01/2019 Policy Number: ECP2022176-11 ENDORSEMENT TEIs endorsement forms a part of tEe policy to ❑Elc❑ it is attacElad. Please read it carefully. WAIVER OF SUBROGATION It is agreed teat t❑e Company, in the event of any payment under tils policy, ❑aives its rigEl of recovery against any Principal, but only at t❑e specific ❑ritten re❑.Iest of Me Named Insured eit❑er before or after loss, ❑E10rein suc❑ ❑giver Eas been included before loss as part of a contractual undertaEing by ti:o Named Insured. TEIs ❑aiver sE all apply only ❑it❑ respect to losses occurring due to operations underta❑en as per Me specific contract ellsting bet❑een t❑e Named Insured and suc❑ Principal and sElall not be construed to be a ❑aiver ❑it❑ respect to otEjar operations of suc❑ Principal in ❑Elc❑t❑e Named Insured E as no contractual interest. No ❑aiver of subrogation shall directly or indirectly apply to any employee, employees or agents of eit❑er tEe Named Insured or of tile Principal, and toe Company reserves its rigC:t or lien to be reimbursed from any recovery funds obtained by any inured employee. TCis ❑aiver does not apply in any urisdiction or situation ❑❑ere suc❑ ❑aiver is ❑eld to be illegal or against public policy or in any situation 11E7erein t❑e Principal against ❑❑gym subrogation is to be ❑aived is found to be solely negligent. _ 2006 by Ber-ley Specialty underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rig us reserved. U 1985-2006 by Insurance Services Off ice, Inc., material used by permission. ENV 200❑ 0906 Page 1 of 1 Insured: Simpson Sandblasting & Special Coatings, Inc.; REA Hauling Services, LLC Effective: 05/10/2018-05/01/2019 Policy Number: BAP2022340-11 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. BUSINESS AUTO - ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT OR AGREEME This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section II — Liability Coverage A. — Coverage, 1. Who is an Insured, is amended to add: d. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into, excluding contracts or agreements for professional services, which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy; or 2. The coverage and/or limits required by said contract or agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office, Inc., with its permission. BSUM CA 06 02 13 Page 1 of 1 Insured: Simpson Sandblasting & Special Coatings, Inc.; REA Hauling Services, LLC Effective: 05/10/2018-05/01/2019 Policy Number: BAP2022340-11 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Simpson Sandblasting & Special Coatings, Inc. Endorsement Effective Date: 05/01/2018 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any Principal wherein such waiver has been included before loss as part of a contractual undertaking by the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Insured: Simpson Sandblasting & Special Coatings, Inc.; REA Hauling Services, LLC Effective: 05/01/2018-05/01/2019 Policy Number: WCA2022175-11 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 04 84 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Principal wherein such waiver has been included before loss as part of a contractual undertaking by the Named Insured. WC 00 03 13 04 84 © 1983 National Council on Compensation Insurance Page 1 of 1