Loading...
HomeMy WebLinkAbout5986 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5 Amended SUBJECT: Study Session Date: April 10, 2019 Contract Award to Holt Services, Inc. for COUNCIL MEETING Date: April 17, 2019 Rehabilitation of Well 2R Well 7 at the Department: PW & U Engineering Anderson Creek Well Field Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: The work includes all materials, equipment, supplies and services necessary to rehabilitate Well 2R and Well 7 at the Anderson Creek Well Field. The work also includes step-rate testing, and purchase and installation of new pumping equipment for each well. Well 2R is 275 feet deep and in 2005 was rehabilitated to pump between 700 —800 gpm. Well 7 is 629' deep and in 2005 was rehabilitated to pump 340 gpm. There were three (3) bids submitted on March 28, 2019. The lowest responsive, responsible bidder was Holt Services, Inc. in the amount of$222,305.50 (which includes sales tax). ATTACHMENTS: 1) Agreement; 2) Bid Tabulation; 3) Site Plan FISCAL IMPACTS (Include Budgeted Amount): The project is included in the 2019 Water Capital budget at $250,000. STUDY SESSION AGENDA: ❑D Limited Presentation ❑ Full Presentation x STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to award the contract for Well 2R and 7 Rehabilitation (2019) to Holt Services, Inc. in the amount of$222,305.50 (which includes sales tax) and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: %Approve ❑ Deny [' Table ❑ Continue ❑ No Action Form Updated 01/02/2018 1 City Capital Project#: 324009 I III •; CITY OF BREMERTON I CONTRACT DOCUMENTS WELL 2R & 7 REHABILITATION (2019) I Pre-Bid Walkthrough: March 20, 2019 @ 10:00 AM Location: Bremerton Public Works Facility Address: 100 Oyster Bay Ave N., Bremerton, WA 98312 Meet at public entrance parking lot Prepare to convoy to project site Bid Opening: 1 Thursday, March 28, 2019 @ 2:00 PM City Council Chambers on 15t floor of Norm Dicks Government Center(NDGC). Bids must be received no later than 2 p.m. at Suite 100(1st floor) of NDGC For mailing bids, mail to: City of Bremerton ATTN: City Clerk 345 6th Street, Suite 100 Bremerton, WA 98337 Project Contact Person: Bill Davis, P.E. i Tel: (360)473-2312 E-mail: William.davis@ ci.bremerton.wa.us 1 This page intentionally left blank 1 1 I I ADDENDUM NO. 1 City of Bremerton Well 2R and 7 Rehabilitation (2019) March 22,2019 TO ALL PLANHOLDERS: You are hereby notified of the following modifications to the contract documents for the City of I Bremerton project Well 2R and 7 Rehabilitation (2019).Addendum No. 1 is hereby made a part of these contract documents, and its terms and conditions are fully binding on the Planholder and Contractor. The Contractor shall acknowledge receipt of this Addendum No. 1 by identifying on the Bid Forms. IThis Addendum No. 1 is 11 pages total: • 2 pages describing changes I • 2 pages for reissued BID SCHEDULE (part of Section 00410,Bid Forms) • 7 pages for reissued section 01025 MEASUREMENT AND PAYMENT iItem 1: The BID SCHEDULE from Section 00410 is reissued and included in this addendum. Replace the original bid schedule with the reissued bid schedule when submitting the bid. IItem 2: Section 01025 for Measurement and Payment is reissued in entirety to include the following changes and is included in this addendum: IA. Bid items A.6 and B.6 include requirements for furbishing/installing a temporary pump and performing step rate testing. I B. Bid Items A.8 and B.8 add the requirement to have a certified plumber or pipefitter on-site during installation of the new pump. Include minimum 8 hours in the bid for a I plumber/pipefitter with prevailing wage rates for that trade. Item 3: Add the following items to paragraph 01354 3.1 I A. At both Well 2R and 7, the Contractor may place the uncontaminated spoils generated from the well rehabilitation process on a tarp next to the well. City staff will pick up the material at a later I date. The tarp will be supplied by the City. I B. For disposal of wastewater contaminated with surfactant at both well sites, there are upland depressions where the wastewater will be pumped and allowed to discharge to the ground. The Contractor must supply the pump and hose and any other items to pump the wastewater to the depression.Provide a storage tank for temporary storage of the contaminated waste liquid;pump I from the tank to the upland area. At Well 2R, the estimated distance to the depression is 400 feet with a vertical elevation change of 50 feet. At Well 7, the estimated distance to the depression is 800 feet with a vertical elevation change of 50 feet. I City of Bremerton March 2019 Well 2R and 7 Rehabilitation(2019) Addendum No. 1 C. During the step-rate testing process, discharge water can be sent to the creek and roadside ditches. At Well 2R,there is a system of catch basins where the water can be discharged,which then flows to the creek. At Well 7,there is a roadside ditch approximately 150 to 200 feet away. Provide appropriately size and length of hose for conveying and directing the discharge water. Item 4: Delete paragraph 01570 1.1 A.1 a. and replace with the following text: a. 110V power for small tools is available at both well sites. For items that require larger electrical demand,provide a generator. Item 5: Delete paragraphs 01570 1.1 A.2 a. and b. and replace with the following text: 111 a. The City will supply water at both well sites via a spigot and hose. The flow rate is estimated not to exceed 5 to 10 gpm. If larger flow rates are required, the Contractor will require their own source of supply. Item 6: Add the following item to paragraph 02520 3.1 A.11: b. Step-rate test pumping duration at each well will not exceed 4 hours unless the I HYDROGEOLOGIST requires additional testing. Item 7: The pre-bid conference was attended by the following individuals: Agency/Firm Representative I City of Bremerton: Bill Davis,Ted Danielson, Chad Hantelman Robinson Noble: Jim Hay Hokkaido Drilling: Bill Dodge Charon Drilling Dave Charon and one other individual Tacoma Pump and Drilling: Eric Hansen .1011x, , •« w irk •791 p q G STfcG '•. AL l I City of Bremerton William Davis,P.E. I City of Bremerton Well 2R and 7 Rehabilitation(2019) I I C) � Cl) > 2 > > > > > > CO f / m- / / n Co w c e a u E E \ 2 ° / rn II / / m -I / 3 2 ¥. ® \ O \ ° EG/ # C \ % a• C % m se \ 7Ill CD 0 \ \ ƒ CD ƒ ƒ $ $ Q ¥. ( 2 ® _ _ _ \ ° 0 CD - £ \ O % \ -o = _ — § / E ] G O & $ ) = = \ 0 = \ » \ CS cD \ \ \ \ // \ \ \ \ \ \ ci O. - \ \ j7 \ ] p� I \ \ C 2 Q > > ° 0 z I / / § \ \ / / = Z _ ] - = = 0 co \. \ § § k / 7 / C CD = e 0 = J s = - It I \. / I I E ° ° § \ / ƒ E / ) 2 0 a 5 , - m \ J • ° c ° \ \ -0 El. Cr \ cr\ E ® 2 \ A\ _ / / $ E — an 7:1 » \ a / / * \ E a / ƒ = o = / \ 77) i . . , M /\ \ f -0 \ \ / ƒ ƒ \ / \ ° CT J / m o _ . - § ) @ % - Cl) Q 73 C . / 2 o IXI � � o � 2me \ / / � k . . \ . . . k 0 2 u) N3 I CO ƒ / \ ° 0 & rm = co o co22 _. 1 0 . . v @ f. { gj + + + C xi \ � o Q » = .. § o \ � \ . . . . . 7 cu n \ § ° ¥. \ n3 II D CD / - / + ' + + + + + + ¥ 0 = = o 0 Fri / k- I n \ f \ / a ] O o \ � / I 3 a \ 2 \ / M . I . _ _. , — , I 1 S ti —ICn Cl) -n Cl) C CO OJ CO CO CO CO OJ W CO N., O > 7 O C 0 C D � P W N I O-) CTi . a —I m COW n CO-I m 7 m QD a D Cl) 0 m 0 v 2 -co 1 Q CO N n —1 W U) :C .0 * * 0 C a Q O • cc m m co v0 (c) m I 1/ Ct CD z Cr) m g -o LT < m D W = m vmp sv -a ToX O —I v N CD m c _1 CO > c CD 0 0 c `� o. 0 W D --1 cn o o c fll H r c O -g -,. o cn �m c Z O Ni -n D c v Q Q 0 D 0 r m a Z7 a o o N C7 c c) -p. N -0 In cn 3 E D U) - CD ° (n m CD 0 0 o m (1) o i U) -6 it D O mCD * c m c 0 a o o 0 cn --i mH v Q. CO 0 cn 03 O I Dr r r = = r r r C I— U) U) (n o o U) U) (/) = _ m c v N v' cn 73 O CD T C 0 Cu 0 1 1 _, ! p C ET o o 3 o O N 3 co O 9 1-' o Efl -0, C O 0 N CJi O O O O O ffl to ffl -en Efl Efl -En ED -ED -I .A O O E CD 2 0 o i c 1 1 1 REISSUED FOR ADDENDUM#1 SECTION 01025 MEASUREMENT AND PAYMENT PART 1 GENERAL 1 1.1 Scope of Payment A. Measurement and Payment will be in accordance with the prices set forth in the proposal for individual work items. CONTRACTOR shall make a careful assessment when preparing the bid. B. Where work does not appear as a separate item in the proposal but is required in order to provide a fully operable, rehabilitated well, the cost for that work shall be included and absorbed into the bid item prices in the Bid Schedule. C. 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 various items of 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). 1 D. Washington State Department of Revenue Rule 170 applies to this project. For work performed in such cases, the CONTRACTOR shall include the retail sales tax on the full contract price. The City will automatically add this sales tax to each payment to the CONTRACTOR. For this reason, the CONTRACTOR shall not include the retail sales tax in the bid item prices, or in any other contract amount subject to Rule 170. Contact Washington State Department of Revenue Public Works Section by email at pwc(a�dor.wa.gov or by phone at (360) 725-7588. 1 1.2 Force Account A. A line item for Force Account is included in the Bid Schedule in the amount of $25,000. This money can be used when changed conditions are encountered which require extra work or for owner-directed changes. A written Work Change Directive must be issued in order to use money from the Force I Account line item. B. Force Account will also be used for reimbursement of material item purchases, services, permits, and fees identified for reimbursement in the contract. Payment for items via the Force Account shall be determined based on the pre-taxed actual invoice amount plus a 15% markup. C. Payment for the purchase of new pumping equipment and appurtenances is reimbursed separately from Force Account and described further in this Well 2R and 7 Rehabilitation (2019) Measurement and Payment March 2019 01025-1 REISSUED FOR ADDENDUM #1 section. 1 1.3 Schedule A—Well 2R Rehabilitation 1 A. Bid Item No. A.1 — Mobilization 1. No measurement shall apply to this lump sum bid item. 2. The lump sum payment for this bid item shall be paid in accordance with the Contract Documents and shall constitute compensation for all costs of preparatory work performed by the CONTRACTOR, including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for premiums on bonds and insurance for the project, and for work and operations which must be performed or costs incurred before beginning production work on the various items on the project site. Mobilization also includes but is not limited to: posting construction identification signs, construction surveying and staking, providing record drawings, securing permits, establishing safety and security measures, submitting the project schedule; providing product/material submittals; 111 attending public meetings as stipulated in the Special Provisions. Mobilization costs for all subcontracted work shall be incidental to this bid item. Measurement and Payment shall be Lump Sum in accordance with the Contract Documents. 3. This bid item shall also include the cost for demobilization and restoring the I site upon completion of the work. 4. Payment for this bid item shall be 70% upon completion of mobilization and the remainder shall be paid after demobilization. B. Bid Item No. A.2 —Water Quality Protection I 1. No measurement shall apply to this lump sum bid item 2. The lump sum price for this bid item shall constitute compensation for all costs I associated with planning, implementing,and monitoring temporary erosion control practices, water quality protection practices, and spill prevention and control practices in accordance with the Contract Documents(specifically Section 01354) and local, State, and Federal water quality regulations. 3. All costs for labor, equipment, material, supplies, subcontracts, and services I associated with control and monitoring of wastewater discharges from the Work shall be included in this bid item. C. Bid Item No. A.3 —Well Video Inspection 1. No measurement shall apply to this lump sum bid item. 2. The lump sum price for this bid item includes compensation for all costs for I Well 2R and 7 Rehabilitation (2019) Measurement and Payment March 2019 01025-2 IREISSUED FOR ADDENDUM #1 I equipment, labor, and activities required for video inspection of the well both prior to and after rehabilitation activities to the satisfaction of the HYDROGEOLOGIST Iand City staff. 3. Any labor and equipment time to prepare the well for video inspection, such as Iflushing, shall be included in this bid item. D. Bid Item No. A.4 — Rehabilitation —Authorized Hourly Field Work I1. Measurement for the hourly rate shall be based on the estimated hourly rate of labor, equipment and materials required to complete tasks described in the Contract Documents specifically for on-site work for rehabilitation of the well. I 2. Payment for this bid item shall constitute compensation for all field hourly costs, I including: removing and disposing of the existing well pump, column, and appurtenances; removal of sand, silt and other materials from the bottom of the well; cleaning the well casing; mechanically surging the well; replacing the filter pack in the annular space; placing and surging the surfactant in the well to loosen Ifine clay and silt materials; perform additional surging and rehabilitation as requested by the hydrogeologist; disinfection; post-rehabilitation well evaluation; and any other field work as requested and determined necessary by the Owner I and/or hydrogeologist for successful rehabilitation of the well. No payment shall be made when the crew is not actively working on the site to rehabilitate the well as determined by the HYDROGEOLOGIST. The City has estimated the number I of hours required to complete the on-site rehabilitation activities. Payment shall be the hourly rate times the actual number of authorized hours as verified by the HYDROGEOLOGIST. I E. Bid Item No. A.5 — Rehabilitation —Authorized Hourly Shop Work 1 1. Measurement for the hourly rate shall be based on the estimated hourly rate of labor, equipment and materials required to complete tasks described in the I Contract Documents specifically for shop-related work for rehabilitation of the well. 2. Payment for this bid item shall constitute compensation for all hourly costs I associated with fabricating, repairing, or modifying equipment items directly associated with Well 2R rehabilitation as described in Tasks 3 to 11 in paragraph 02520 3.1 A and that occurs at the CONTRACTOR's off-site work facilities (shop). I The City has estimated the number of hours required to complete shop-related work. Payment shall be the hourly rate times the actual number of authorized hours as verified by the HYDROGEOLOGIST. I 1 F. Bid Item No. A.6— Supply Temporary Pump and Perform Step Rate Test 1 1. No measurement shall apply to this lump sum bid item I 2. This bid item shall include the costs associated with step-rate testing, including furbishing and installing temporary pump (City to support electrical connections Well 2R and 7 Rehabilitation (2019) Measurement and Payment IMarch 2019 01025-3 REISSUED FOR ADDENDUM #1 as needed), coordinating with h dro eolo ist for test, performing pump test, and removing temporary pumping equipment. 3. Step rate testing shall not exceed 4 hours unless additional testing is required by the HYDROGEOLOGIST. I G. Bid Item No. A.7 —Purchase Well 2R Pumping Equipment 1. No measurement shall apply to this lump sum bid item I 2. The lump sum price for this bid item shall constitute compensation for purchase ase of the new pumping equipment including pump, motor, startup support, and any additional items as directed by the Owner such as valves, power cable, well column, conduit, and piping. 111 3. The amount included in the bid schedule for this bid item is a placeholder and NOT the actual amount to be paid to the Contractor. The payment to the Contractor shall be determined based on pre-tax actual equipment/material I invoices plus a 10% markup. 4. Obtain multiple (minimum of 2) cost quotes from different vendors/manufacturers for major pumping equipment items in order to ensure competition and best value for the City. 5. Any costs other costs associated with the new well pumping equipment, including , coordination for delivery, installation, testing, troubleshooting, coordinating with City staff, and startup, shall be included in the bid item for installation of well pumping equipment. This current bid item is solely for purchase of pumping equipment and appurtenances based on actual invoice cost. H. Bid Item No. A.8 — Install Well 2R Pumping Equipment I 1. No measurement shall apply to this lump sum bid item 2. The lump sum price for this bid item shall constitute compensation for all costs associated with receiving and installing the new pumping equipment (and old items where reused), including coordination for delivery, installation, testing, troubleshooting, coordinating with City staff, and startup, shall be included in the bid item for installation of well pumping equipment. 3. Electrical and control connections and any SCADA programming shall be made by City staff. Coordinate with City staff for startup. 4. A plumber certified by the State of Washington must be on-site during the work. I Include minimum 8 hours of time in the bid for the certified plumber at the prevailing wage rate of a Plumber/Pipefitter. 111 I Well 2R and 7 Rehabilitation (2019) Measurement and Payment March 2019 01025-4 REISSUED FOR ADDENDUM #1 U I 1.4 Schedule B —Well 7 Rehabilitation A. Bid Item No. B.1 — Mobilization 1. No measurement shall apply to this lump sum bid item. 2. The lump sum payment for this bid item shall be paid in accordance with the Contract Documents and shall constitute compensation for all costs of preparatory work performed by the CONTRACTOR, including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for premiums on bonds and insurance for the project, and for work and operations which must be performed or costs incurred before beginning production work on the various items on the project site. Mobilization also includes but is not limited to: posting construction identification signs, construction surveying and staking, providing record drawings, securing permits, establishing safety and security measures, submitting the project schedule; providing product/material submittals; attending public meetings as stipulated in the Special Provisions. Mobilization costs for all subcontracted work shall be incidental to this bid item. Measurement and Payment shall be Lump Sum in accordance with the Contract Documents. 3. This bid item shall also include the cost for demobilization and restoring the site upon completion of the work. 4. Payment for this bid item shall be 70% upon completion of mobilization and the remainder shall be paid after demobilization. B. Bid Item No. B.2 —Water Quality Protection 1. No measurement shall apply to this lump sum bid item 2. The lump sum price for this bid item shall constitute compensation for all costs associated with planning, implementing, and monitoring temporary erosion control practices, water quality protection practices, and spill prevention and control practices in accordance with the Contract Documents (specifically Section 01354) 1 and local, State, and Federal water quality regulations. 3. All costs for labor, equipment, material, supplies, subcontracts, and services associated with control and monitoring of wastewater discharges from the Work shall be included in this bid item. C. Bid Item No. B.3 —Well Video Inspection 1. No measurement shall apply to this lump sum bid item. 2. The lump sum price for this bid item includes compensation for all costs for equipment, labor, and activities required for video inspection of the well both prior to and after rehabilitation activities to the satisfaction of the HYDROGEOLOGIST Well 2R and 7 Rehabilitation (2019) Measurement and Payment ' March 2019 01025-5 REISSUED FOR ADDENDUM #1 and City staff. I 3. Any labor and equipment time to prepare the well for video inspection, such as flushing, shall be included in this bid item. D. Bid Item No. B.4 — Rehabilitation — Authorized Hourly Field Work I 1. Measurement for the hourly rate shall be based on the estimated hourly rate of labor, equipment and materials required to complete tasks described in the Contract Documents specifically for on-site work for rehabilitation of the well. 2. Payment for this bid item shall constitute compensation for all field hourly costs, including: removing and disposing of the existing well pump, column, and appurtenances; removal of sand, silt and other materials from the bottom of the well; cleaning the well casing; mechanically surging the well; replacing the filter pack in the annular space; placing and surging the surfactant in the well to loosen fine clay and silt materials; perform additional surging and rehabilitation as requested by the hydrogeologist; disinfection; post-rehabilitation well evaluation; and any other field work as requested and determined necessary by the Owner and/or hydrogeologist for successful rehabilitation of the well. No payment shall be made when the crew is not actively working on the site to rehabilitate the well as determined by the HYDROGEOLOGIST. The City has estimated the number of hours required to complete the on-site rehabilitation activities. Payment shall be the hourly rate times the actual number of authorized hours as verified by the HYDROGEOLOGIST. E. Bid Item No. B.5 — Rehabilitation —Authorized Hourly Shop Work 1. Measurement for the hourly rate shall be based on the estimated hourly rate of labor, equipment and materials required to complete tasks described in the Contract Documents specifically for shop-related work for rehabilitation of the well. 2. Payment for this bid item shall constitute compensation for all hourly costs I associated with fabricating, repairing, or modifying equipment items directly associated with Well 2R rehabilitation as described in Tasks 3 to 11 in paragraph 02520 3.1 A and that occurs at the CONTRACTOR's off-site work facilities (shop). The City has estimated the number of hours required to complete shop-related work. Payment shall be the hourly rate times the actual number of authorized hours as verified by the HYDROGEOLOGIST. I F. Bid Item No. B.6 — Supply Temporary Pump and Perform Step Rate Test 1. No measurement shall apply to this lump sum bid item ' 2. This bid item shall include the costs associated with step-rate testing, including furbishing and installing temporary pump (City to support electrical connections as needed), coordinating with hydrogeologist for test, performing pump test, and removing temporary pumping equipment. Well 2R and 7 Rehabilitation (2019) Measurement and Payment March 2019 01025-6 1 REISSUED FOR ADDENDUM #1 111 3. Step rate testing shall not exceed 4 hours unless additional testing is required by the HYDROGEOLOGIST. G. Bid Item No. B.7 —Purchase Well 7 Pumping Equipment 1. No measurement shall apply to this lump sum bid item 2. The lump sum price for this bid item shall constitute compensation for purchase of the new pumping equipment including pump, motor, startup support, and any additional items as directed by the Owner such as valves, power cable, well column, conduit, and piping. 3. The amount included in the bid schedule for this bid item is a placeholder and NOT the actual amount to be paid to the Contractor. The payment to the 1 Contractor shall be determined based on pre-tax actual equipment/material invoices plus a 10% markup. 4. Obtain multiple (minimum of 2) cost quotes from different vendors/manufacturers for major pumping equipment items in order to ensure competition and best value for the City. i 5. Any costs other costs associated with the new well pumping equipment, including coordination for delivery, installation, testing, troubleshooting, coordinating with City staff, and startup, shall be included in the bid item for installation of well pumping equipment. This current bid item is solely for purchase of pumping equipment and appurtenances based on actual invoice cost. 1 H. Bid Item No. B.8— Install Well 7 Pumping Equipment 1. No measurement shall apply to this lump sum bid item 1 2. The lump sum price for this bid item shall constitute compensation for all costs associated with receiving and installing the new pumping equipment (and old items where reused), including coordination for delivery, installation, testing, troubleshooting, coordinating with City staff, and startup, shall be included in the bid item for installation of well pumping equipment. 1 3. Electrical and control connections and any SCADA programming shall be made by City staff. Coordinate with City staff for startup. 4. A plumber certified by the State of Washington must be on-site during the work. Include minimum 8 hours of time in the bid for the certified plumber at the prevailing wage rate of a Plumber/Pipefitter. 1 PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION Well 2R and 7 Rehabilitation (2019) Measurement and Payment March 2019 01025-7 CERTIFICATE OF ENGINEER iThe technical material and data contained in these Specifications for the project Well 2R & 7 Rehabilitation (2019) were prepared under the supervision and direction of the undersigned professional engineers licensed to practice as such, whose seals, are affixed below. 1 1 n f� �<"f � G ' ly � y.'�-�' &I fr. 1,A401.979;0•.9, /pi 40j11 tO 1 1 William Davis, P.E. Registered Engineer, Civil State of Washington License#34791 I 1 1 1 1 1 This page intentionally left Blank , 1 1 1 ICITY OF BREMERTON WELL 2R AND 7 REHABILITATION (2019) ITABLE OF CONTENTS Cover Page ICertificate of Engineer Table of Contents IDIVISION 0—BIDDING REQUIREMENTS,CONTRACT FORMS AND CONDITIONS OFTHE CONTRACT I 00116 00211 Notice Inviting Bids Bidder Checklist 00213 Instruction to Bidders 1 00410 Bid Forms 00521 Agreement 00611 Performance Bond 1 00616 Payment Bond 00721 Standard General Conditions I00731 Supplementary Conditions DIVISION 1—GENERAL REQUIREMENTS I 01010 Summary of Work and Special Requirements 01025 Measurement and Payment 01300 Contractor Submittals I 01311 Project Meetings 01321 Project Schedule 01354 Water Quality Protection I01505 Mobilization 01570 Construction Facilities and Controls 01600 Products, Materials, and Equipment I 01700 Project Closeout I DIVISION 2—SITE WORK 02520 Well Rehabilitation I DIVISION 11—SPECIAL CONSTRUCTION 11076 Well Pumping Equipment IAPPENDICES APPENDIX A—CONSTRUCTION FORMS IAPPENDIX B—WELL 2R INFORMATION APPENDIX C—WELL 7 INFORMATION I 1 This page intentionally left Blank1 ' 1 1 t 1 CITY OF BREMERTON, WASHINGTON NOTICE INVITING BIDS iRECEIPT 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. PST as shown on the wall clock inside the City Clerk's office (located on 1St floor of Norm Dicks Government Center) on Thursday, March 28, 2019 for the project Well 2R and 7 Rehabilitation (2019). 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 Thursday, March 28, 2019 in the Council Chambers (1St floor)of the Norm Dicks Government Center at 345 6th Street, Bremerton, Washington 98337. tDESCRIPTION OF WORK: The work shall consist of providing all work, materials, equipment, supplies, and services for rehabilitation of Well 2R and Well 7 at the Anderson Creek Well Field in Bremerton, WA. The Work also includes step-rate testing and purchase/installation of new pumping equipment for each well. Well 2R is 275 feet deep and in 2005 was rehabilitated to pump between 700 — 800 gpm. Well 7 is 629' deep and in 2005 was rehabilitated to pump 340 gpm. COMPLETION OF WORK: The WORK must be completed within 100 calendar days_after the commencement date stated in the Notice to Proceed. 1 OBTAINING CONTRACT DOCUMENTS: Bid Documents may be downloaded from the City of Bremerton website at: http://www.ci.bremerton.wa.us/Bids.aspx. Click on the link for Well 2R and 7 Rehabilitation (2019) and you will see a link to download the bid documents. PROPOSALS: All bid proposals must be made on the blank forms furnished in the Contract Documents. Sealed envelopes containing bids shall be entitled: Well 2R and 7 Rehabilitation (2019). BID SECURITY: Each bid proposal shall be accompanied by a bid proposal deposit in cash, certified check, cashier's check, or surety bond in an amount equal to five percent (5%) of the amount of such bid proposal. The failure to furnish a bid deposit of a minimum of 5 percent shall make the bid ' nonresponsive and shall cause the bid to be rejected by the Contracting Agency. PERFORMANCE BOND: The successful bidder will also be required to provide a Performance 1 Bond for 100 percent of the Contract Price. Should the successful bidder fail to enter into such contract and furnish satisfactory performance bond within the time stated in the specifications, the bid proposal deposit shall be forfeited to the City of Bremerton. PRE-BID WALK-THROUGH: A pre-bid walk-through with City staff is scheduled for Wednesday, March 20, 2019 at 10:00 a.m. The objective of the walkthrough is to acquaint prospective 1 bidders with the work site and answer any questions. Attendance is highly encouraged in order to understand site access and layout. Meet at the public/customer entrance (parking lot) of the City Public Works and Utilities Building at 10 a.m. in order to caravan over to the well site. The public entrance is on the north side of building. The building address is 100 Oyster Bay Ave N, Bremerton, WA 98312. 1 1 Well 2R and 7 Rehabilitation (2019) Notice Inviting Bids 1 March 2019 00116-1 t 1 PROJECT CONTACT AND COMMUNICATION: All communications related to the project shall be directed to the City prior to opening of Bids: Communication by phone/e-mail: Bill Davis, P.E. Telephone: (360)473-2312 E-mail: William.davis(c�ci.bremerton.wa.us Communication by mail: City of Bremerton, Engineering Division ATTN: Bill Davis 345 Sixth Street, Suite 100 Bremerton, WA 98337 For mailing bids: City of Bremerton ATTN: City Clerk 345 Sixth Street, Suite 100 Bremerton, WA 98337 1 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 thereof. 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 and will not be discriminated against on the grounds of race, color, sex, sexual orientation or national origin in consideration for an award. END OF NOTICE INVITING BIDS I I i . t 1 Well 2R and 7 Rehabilitation (2019) Notice Inviting Bids March 2019 00116-2 1 BIDDER CHECKLIST 1 SECTION 00211 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 Forms." BID FORMS 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 00410. 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% (five percent) of the total amount bid and may be shown in dollars or on a percentage basis.) e. List of Subcontractors f. Information Required of Bidder g. Non-Collusion Affidavit (The form is to be completed and signed by the contractor and notarized.) h. Certification Regarding Suspension, Debarment, Ineligibility of Voluntary Exclusion i. Certification of Non-Segregated Facilities ' j. Certification of Compliance with Wage Payment Statutes 1 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 1 Well 2R and 7 Rehabilitation (2019) Bidder Checklist February 2019 00211-1 1 DOCUMENTS TO BE EXECUTED DURING THE CONTRACT The following forms are to be executed after notice to proceed. I - Statement of Intent to Pay Prevailing Wages This is a form from Dept. of Labor and Industries. Submit prior to first payment request. - Certificate of Debarment for Subcontractors (to be supplied by Owner) DOCUMENTS TO BE EXECUTED AT FINAL111 PAYMENT The following forms shall be executed prior to final payment. 1. Affidavit of Wages Paid - This is a form from Dept. of Labor and Industries 2. Acceptance of Compensation and Release of All Claims I - This form is in Appendix A of the contract - Execute and submit in order to receive final payment END OF SECTION 111 I I I I I I I I Well 2R and 7 Rehabilitation (2019) Bidder Checklist February 2019 00211-2 1 INSTRUCTIONS TO ' BIDDERS SECTION 00213 I 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 6the St., Bremerton, WA 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 1 occupancy (B&O) 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. 3. INTERPRETATIONS AND ADDENDA. I 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. Additions, deletions, or revisions to the Contract Documents considered necessary by the ENGINEER in response to such I 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. 1 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. 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 Well 2R and 7 Rehabilitation (2019) Instructions to Bidders March 2019 00213-1 1 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: I A. 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. I 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 01 50 10 - 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, I 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 Conditions. I 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. 1 Well 2R and 7 Rehabilitation (2019) Instructions to Bidders March 2019 00213-2 1 1 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. I 1 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 00 41 00 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 Well 2R & 7 Rehabilitation Project", the name of the OWNER, the address where 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. 1 Well 2R and 7 Rehabilitation (2019) Instructions to Bidders March 2019 00213-3 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 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 I joint venture must appear below the signature. I 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 is interested in more than one Bid for the WORK contemplated, all Bids in which such Bidder is interested will be rejected. If the OWNER believes that collusion exists among the Bidders, all Bids will be rejected. A party who has quoted prices to a Bidder is not hereby disqualified from quoting prices to other Bidders, or from submitting a Bid directly for the WORK. 8. QUANTITIES OF WORK. Paragraph not used. , 9. SUBSTITUTE OR "OR EQUAL" ITEMS. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a particular Supplier and the name is followed by the words "or equal", the Bidder may write the name of a substitute Supplier (which the Bidder considers as an "or equal") in the Bid form titled List of Proposed Substitutes. These substitute Suppliers will only be considered after award of the Contract. The procedure for the submittal of substitute or "or equal" products is specified in Section 01600 - Products, Materials, Equipment, and Substitutions. The Bidder shall not be relieved of any obligations of the Contract Documents or be entitled to an adjustment in the Contract Price in the event any proposed substitute manufacturer is not subsequently approved. 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 "INFORMATION REQUIRED OF BIDDER" 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 I 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 Well 2R and 7 Rehabilitation (2019) Instructions to Bidders March 2019 00213-4 , 1 111 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, 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. 13. DISCREPANCIES IN BIDS. In the event there is more than one Bid item in a Bid 1 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 may 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 1 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. 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 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 Well 2R and 7 Rehabilitation (2019) Instructions to Bidders ' March 2019 00213-5 1 incorporation the additions, deletions, or revisions agreed upon, shall secure all 111 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. 1 20. SALES TAX. A. Washington State Department of Revenue (DOR) Rule 170 applies to this contract. 1 Contact DOR for additional information regarding application of Rule 170. B. All other federal, state, and local sales, use or other taxes as required by federal, state, 1 or local laws shall be included in the various unit bid item prices or other contract amounts. 1 END OF INSTRUCTIONS TO BIDDERS I l 1 i 1 1 1 1 Well 2R and 7 Rehabilitation (2019) Instructions to Bidders March 2019 00213-6 ' BID FORMS SECTION 00410 ACKNOWLEDGEMENT OF BID AND ADDENDA BID TO: CITY OF BREMERTON(WASHINGTON) PUBLIC WORKS AND UTILITIES ENGINEERING DIVISION I1. 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 "Well 2R & 7 Rehabilitation (2019)." 2. Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and Instruction to Bidders, dealing with the disposition of Bid Security. 3. This Bid will remain open for the period stated in the"Notice Inviting Bids"unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders," and will furnish the insurance certificates, Payment Bond, and Performance Bond required by the Contract Documents. 4. Bidder has examined copies of all the Contract Documents including the following addenda (receipt of all of which is hereby acknowledged): Number Date I ' Failure to acknowledge addenda shall render the bid non-responsive and shall be cause for its rejection. 5. Bidder has familiarized itself with the nature and extent of the Contract Documents,WORK, site, locality where the WORK is to be performed, the legal 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. Date: 51,01 Signature: )44C. Come of Contractor: �q, �0 j Title: itCldrJ Gt l"\-. I Well 2R and 7 Rehabilitation (2019) Bid Forms March 2019 00410-1 1 ADDENDUM NO. 1 City of Bremerton Well 2R and 7 Rehabilitation (2019) March 22,2019 2Y TO L P HOLDERS: You are hereby notified of the following modifications to the contract documents for the City of Bremerton project Well 2R and 7 Rehabilitation(2019).Addendum No. 1 is hereby made a part of these 111contract documents, and its terms and conditions are fully binding on the Planholder and Contractor. The Contractor shall acknowledge receipt of this Addendum No. 1 by identifying on the Bid Forms. This Addendum No. 1 is 11 pages total: I • 2 pages describing changes • 2 pages for reissued BID SCHEDULE (part of Section 00410,Bid Forms) • 7 pages for reissued section 01025 MEASUREMENT AND PAYMENT Item 1: The BID SCHEDULE from Section 00410 is reissued and included in this addendum. Replace the original bid schedule with the reissued bid schedule when submitting the bid. Item 2: Section 01025 for Measurement and Payment is reissued in entirety to include the following 111 changes and is included in this addendum: A. Bid items A.6 and B.6 include requirements for furbishing/installing a temporary pump and performing step rate testing. B. Bid Items A.8 and B.8 add the requirement to have a certified plumber or pipefitter on-site during installation of the new pump. Include minimum 8 hours in the bid for a plumber/pipefitter with prevailing wage rates for that trade. I Item 3: Add the following items to paragraph 01354 3.1 A. At both Well 2R and 7,the Contractor may place the uncontaminated spoils generated from the well rehabilitation process on a tarp next to the well. City staff will pick up the material at a later date. The tarp will be supplied by the City. B. For disposal of wastewater contaminated with surfactant at both well sites, there are upland depressions where the wastewater will be pumped and allowed to discharge to the ground. The Contractor must supply the pump and hose and any other items to pump the wastewater to the depression.Provide a storage tank for temporary storage of the contaminated waste liquid;pump from the tank to the upland area. At Well 2R, the estimated distance to the depression is 400 feet with a vertical elevation change of 50 feet. At Well 7, the estimated distance to the depression is 800 feet with a vertical elevation change of 50 feet. City of Bremerton March 2019 Well 2R and 7 Rehabilitation(2019) Addendum No. 1 I C. During the step-rate testing process, discharge water can be sent to the creek and roadside ditches. At Well 2R, there is a system of catch basins where the water can be discharged,which I then flows to the creek. At Well 7, there is a roadside ditch approximately 150 to 200 feet away. Provide appropriately size and length of hose for conveying and directing the discharge water. IItem 4: Delete paragraph 01570 1.1 A.1 a. and replace with the following text: I a. 110V power for small tools is available at both well sites. For items that require larger electrical demand,provide a generator. IItem 5: Delete paragraphs 01570 1.1 A.2 a. and b. and replace with the following text: Ia. The City will supply water at both well sites via a spigot and hose. The flow rate is estimated not to exceed 5 to 10 gpm. If larger flow rates are required, the Contractor will require their own source of supply. IItem 6: Add the following item to paragraph 02520 3.1 A.11: I b. Step-rate test pumping duration at each well will not exceed 4 hours unless the HYDROGEOLOGIST requires additional testing. IItem 7: The pre-bid conference was attended by the following individuals: I Agency/Firm Representative City of Bremerton: Bill Davis,Ted Danielson, Chad Hantelman Robinson Noble: Jim Hay I Hokkaido Drilling: Bill Dodge Charon Drilling Dave Charon and one other individual Tacoma Pump and Drilling: Eric Hansen I /.71,,F ' - 'a G I ' { / 4 I' STV:9141 " VZ ii., /ii, I City of Bremerton IWilliam Davis, P.E. City of Bremerton I Well 2R and 7 Rehabilitation(2019) I BID CERTIFICATE 111 Indicate(by checking box)the Business Entity Type: Corporation o Joint Venture o Limited Liability Corporation o Partnership I STATE OF 1 kw --lB h ) SS: L COUNTY OF v - ) I HEREBY CERTIFY that a meeting of the Board of Directors, Principals, Members, or Partners(as I applicable)of Pod SGV u (GT Jr4L [business entity name], a corporation,//I // joint venture, I limited liability company, or partnership existing under the laws of the State of Lf/u.(/�1r6 was held on 3/21 , 20 14r, and the following resolution was duly passed and adopted: I "RESOLVED,that R4 41L Il®g--- . [name(s)of ff'cers], as S(4144[officer title] of the CB it prI4G0 1 [business entity type], be and is/are hereby authorized to execute the Bid dated 3 l2 k , 20 if, to the CityI of Bremerton a d that execution thereof shall be the official act and deed of I-IpI $(4'L/I leI Li 41 [business entity name]." I (The City requires the signatures of the President or Secretary of corporations;the Managing Partner of joint ventures; the Members of limited liability companies;and an authorized Partner of partnerships.) I I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 2 , day of /vtak-64 , 20 i9. I a 0 ) fG rw/65 :i- Bujje I O icer Sk natur Sct 1� I Title I (SEAL) I Additional Officer Signature for LLC Members only I 111 Well 2R and 7 Rehabilitation(2019) Bid Forms March 2019 00410-2 1 Cl) D > D D > > > D co o n71i = o X Nn co J Ut A W N Q a) E W O m o Q t = — (D �. !.a '� in 3 { CD • (f)(a U) SNI v 70 an c Dzi C , c o a) h C Z- m _ 0c0 0 — * coo_o a CD CD 6 0 = 3 a TI ^� 0 v a CO v — o = n c• v c cn O Q •< O' 2: C ' N' 72. p = w (� 7.1 r lD O CD rt E 0 Ill O p i N crap-� CD a D I 7\.; N 3 0 0 — 3 0 � � � o m o N o o n 0 N0 N v D D oQ � ° m 3 - C F. - F6 o Z 6 N 0N 0 g al `-< c C .0 co v a a Co� = -5 m a o o Ng Wj *k j1 An — I 3 (TP, 1 a -„ 0 Ol CD a`.< I (n a CD CD _^o. c I iD - -, m O R 1 a. (D CD N-I D. ttv • N 6 Qo G 1 tCD Cli '',Ir r— r = I r r I— C m I CD n Cl) Wo o (n W W = IeT — 7 in + CD N m y zCD a "� CD 0 00 - °. 6 ' mp o m 1 1 —1 1 1 c I fu O Zl^ 3 / o 0 1 1 1 t - .". —I V l (n N Nc . m III 0 ii:H o E» cfl j o0 I a ., 0 mni m v 1 Q ' 1 1 N rn t CL\k' vl ' CD 009 0 o a I0 co v D �' c '-'s , © , o �l '� 3 fi (D30 { t G o o ° ° mac N It 1 R -1'' !_ ! k G 1 II I S --...- —I Cl) CA 'T1 (n 1 r(q co co co co co Co CO W W NJ O PDQ C O C C7 00 -I 0) (P A () N -i 0. I o - I m -I n -I m m t.D -.. r - 0 m 0 c * cn 0 r n r. m � ' cr .. C N co 0 c c 0 CCD (D v o 0 ffl -0 Z s v v - ° ° I 0 o D 0 m D v o v o c I 0 ti 0 c H m r — 0 o 7 o — o CD D r I � 'D > I QDN O I- m Et) D D o m CO D cn c o 0 0 n 1 0 = rt O N U) O O -0 N N = rn 1 D m C cQ coa Q H Zi 0 I >- 0 i 0 r -o. m = '0 3CC C S N C7 E _ -� I -a m cn 3 a, E D cn m o cn -n U) n O "A m- (i) 0 = (/) -7p a. M m > FIT o o111 Hr–rN 'r I C. i Fo' 1 c co 0CA I 00 D r v) (`I) Cl)ri i U) U) ((fl _ C ;y V N U) U) II 4t N I 1 1 3 1 1 1 C 0) 1 1 0 0 1 1 1 co I 69 64 1C I ) _ N I i j I i 1 TiI o © tb o� `� o 's\J\-) �� CD I (/d, r its fl-.) Q11, c, , Ni • <0 ,; c);.,,\ 2 w w 10 co o 01 01 (n 01 (n 0 0 1 I 01 01 0 o I 0 0 0 0 -69 OD 0 w I Cn 0 0 n I IBID BOND IKNOW ALL MEN BY THESE PRESENTS, That Holt Services Inc. as Principal,and IGreat American Insurance Company as Surety,are held and firmly bound unto City of Bremerton hereinafter called"OWNER,"in the sum of I Five Percent(5%)of the Total Amount of Bid 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, Iadministrators,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 Ibidding schedule(s)of the OWNER's Contract Documents entitled Well 2R&7 Rehabilitation(2019). If the Principal is awarded the Bid and,within ten(10)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 I 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 cashier's check,the full amount of this Bid Bond.This Bond shall be irrevocable for 90 days after the bid opening,as defined in the 1 Contract Documents. The Surety stipulates and agrees that the obligation of said Surety shall in no way be impaired or affected by I 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. tSIGNED AND SEALED,this 18th day of March ,2019 IHolt Services Inc.•rim i•= Great American Insurance Company . (S rety)ry} By: A . 4 ��'s� Guida McClain,Attorney-in-Fact (Signature and Seal) (Signature and Seal) I (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) IAddress of Surety to which all notices shall be sent Arthur J.Gallagher Risk Management Services,Inc. P 0 Box 2925 ITacoma,WA 98401-2925 Address for Service of Process(must be a physical address) I Arthur J.Gallagher Risk Management Services,Inc. 1015 Market Street,Ste 250 Tacoma,WA 98402 IWell 2R and 7 Rehabilitation (2019) Bid Forms March 2019 00410-5 I I GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 1 The number of persons authorized by this power of attorney is not more than THREE No.0 21048 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power STUART A.O'FARRELL ALL OF ALL GUIDA McCLAIN TACOMA, $100,000,000.00 DARIN M.PURYEAR WASHINGTON I This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 8TH day of JUNE 2018 . Attest GREAT AMERICAN INSURANCE COMPANY C (recithii A « Assistant Secretary Divisional Senior Vice President STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KITCHIN(877-377-2405) On this 8TH day of JUNE , 2018 before me personally appeared DAVID C. KITCHIN,to me known,being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority.(sakt I SusanA Kohofst Pubic,NM oMb - aciihtley #s My Carsimbn Eckes 0648-2020 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008. RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisonal Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be a11ixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION I I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. Signed and sealed this ' day of /2941,-c-4'•--- , / I 1 e 3 Assistant Secretary S1029AF(06/15) I I State of Washington ICounty of Pierce IOn March 18,2019 before me, Shannon Anstett Personally appeared Guida McClain IPersonally known to me or proved to me on the basis of satisfactory evidence to be the I person(s) whose names(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 I 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. IWitness my hand and official seal. I Ciji:&iZ......_____- ISignature of Notary Public Commission Expiration. Date 4/30/2022 I Resides in Gig Harbor, WA �q►►► m sio � `` ON /.11/8),*'''• `,..�`E.N T F�'"°,4S''3'' I =y:1p� _pZAq� 9N; = .Q �►• :2= SNA: , PUBO° �O I �'i9i��'?yll 30; '�0��`� .��''I,/ OF'wAS �`�� iis I I I I 1 I I LIST OF SUBCONTRACTORS I The Bidder shall provide the following information, and included with this bid or submitted ■ within 24 hours of the Bid Opening,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 in an amount in excess of 10 percent of the CONTRACTOR's total bid. "Rendering service" includes a subcontractor that specially fabricates and installs a portion of the work or improvement.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. Attach additional sheets if required. SUBCONTRACTOR Company Name: Subcontractor License#: Work to be performed: Q, L.W , `14h1 Address: ‘14) 011' Phone#: Bid Amount and % of Total Bid: ��� SUBCONTRACTOR Company Name: Subcontractor License#: Work to be performed: Address: I Phone* Bid Amount and % of Total Bid: SUBCONTRACTOR Company Name: Subcontractor License#: Work to be performed: Address: Phone#: I Bid Amount and % of Total Bid: SUBCONTRACTOR Company Name: 1 Subcontractor License#: Work to be performed: Address: Phone#: Bid Amount and % of Total Bid: I Well 2R and 7 Rehabilitation(2019) Bid Forms March 2019 00410-6 t INFORMATION REQUIRED OF BIDDER PAGE 1 of 2 I 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 may cause its rejection. In any event, no award will be made J/untiilall of the Bidder's General Information is delivered to the OWNER. Contractor Name: d.)/7"//__.(f,vvaCtS- ,7 Primary Classification: 166/1 /AV It/ /°r' Address: /1 2i l o�G ,l e 6 iatatJ P.3 7z Telephone: 253 — 61) 6-/- 17V4? Fax number: 2S13 ' 6o y - go/,3 E-mail address: qt) hi/ `Sk,W(/,C,e'SJ Name and contact information for proposed Project Manager: 164ih1/ Washington Unified Business Identifier(UBI) number: 662 410 c7/ Employment Security Department number: 3s .3 /�" y Washington Industrial Insurance number: / 7 7 1 l t) 2- Washington State Excise Tax Registration number: .20 Syygyger Wa hington State Contractor's Registration number and expiration date: ot,Ts3._Z cq J( 3/3/t 2 vzv ' City of Bremerton Business License number: - ?D/Q' (if not available, must be obtained prior to starting construction) Name, address, and telephone number of Surety Company and agent who/will provide the required bonds this contract: /3"- ( S7it�G ` 7;; ,, l L ,' S v02 I I i 1 Well 2R and 7 Rehabilitation(2019) Bid Forms March 2019 00410-7 1 JNFORMATION REQUIRED OF BIDDER PAGE 2 of 2 I 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. I ATTACH TO THIS BID a list of three(3) projects minimum, completed by the CONTRACTOR, that are similar to the project Well 2R & 7 Rehabilitation (2019) 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 ten (10) years. The list shall include the following information as a minimum: ■ Names, address, and telephone number of owner. I ■ 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. I Also provide the following information: • List of major equipment. • Years in business under current name. • Contracts now in hand, gross amount, and percent complete. I I I I Well 2R and 7 Rehabilitation (2019) Bid Forms March 2019 00410-8 ' i i INON-COLLUSION AFFIDAVIT I STATE OF LOP ) (\ ss. COUNTY OF t"ie.rC — ) I Raba /4014- , being first duly sworn, deposes and says that he or she is of the party makin 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 I and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded,conspired,connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with I 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 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 I 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, or to any member or agent thereof to effectuate a collusive or sham bid. ISigned: M I Subscribed and sworn to before me I ntt paauut4lei 4 th - o�(� day of 1 r trtcr 2019 ,��,,��,,,,,, yo-,,.1. ! rpt/j fa i 44 O •oti 6.s� Iota , Public in and for e ' 2.•c5 0118% Viol � 's s s County of I",�� =i 4by10N 'o , o1, 7::. -1'..:', o:�-'s State of W -''•,,;O�; '3 Noss;:`• A.a,1`� 11 bk d 3�N roe I (SEAL) I I 1 I Well 2R and 7 Rehabilitation(2019) Bid Forms March 2019 00410-9 I I EXCLUSION ► 1. The CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government,or from receiving contracts paid for with federal funds. If the CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The CONTRACTOR shall provide immediate written notice to the Department if at any time the CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department for assistance in obtaining a copy of those regulations. 4. The CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "Certification Regarding Suspension, Debarment, Ineligibility Or Voluntary Exclusion" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. CONTRACTOR agrees to keep proof in its agreement file,that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to the Department upon request. RECIPIENT/CONTRACTOR must run a search in www.sam.gov and print a copy of completed searches to document proof of compliance. 7c / .3 / 237 Signatur Date w`- Name and title of signer(please type) J I I Well 2R and 7 Rehabilitation (2019) Bid Forms March 2019 00410-10 I I CERTIFICATION OF NON-SEGREGATED FACILITIES (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. Id1641— 3 .2s1/7 Signature Date ) 1)4 Name and titlb o s4igner(please type) NOTE: THIS FORM SHALL BE COMPLETED IN FULL AND SUBMITTED WITH THE BID PROPOSAL I 1 I I I Well 2R and 7 Rehabilitation (2019) Bid Forms March 2019 00410-11 1 I Certification of Compliance with Wage Payment Statutes The undersigned bidder hereby certifies that, within the three-year period immediately I 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 "I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true torr t." Sign r j,jl�— Date:2 i) P 'nt Nana an T t1 Localjo or Place ex cu /te C'ty ,State) Check One: Individual ❑ Partnership ❑ Joint Venture ❑ Corporation j ( State of Incorporation, or if not a corporation, State where business entity was formed: I MS4/4.5 If a co artne'i:shi p p, 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. I I END OF BID FORMS Well 2R and 7 Rehabilitation(2019) Bid Forms March 2019 00410-12 I e/ HOLT SERVICES INC City of Lacey— Well #31, 2018 Jim Mathieu Owner Representative (206) 769-2700 Lacey, Washington Pull Pump- Develop Well- Test Pump Well. ($100,000.00) City of Bonney Lake 2019 Jim Bailey (425) 422-9013 Bonney Lake, Washington Pull Pumps- Develop Wells- Install New Pumps. ($200,000.00) I City of Lacey— Well #9, 2019 Jim Bailey (425) 422-9013 Lacey, Washington Pull Pump- Develop Well- Install New Pump. ($80,000.00) Equipment for Project: Semco 5 12,000 Pump Hoist BE 22 W Drill Rig Submersible Test Pump Holt Services has been in business 12Y ears. Contracts in hand: $7,000,000.00 — 50% complete. I I PO Box 1659 Milton WA 98354 WA(253)604-4878 OR(360)771-7586 www.HoltServiceslnc.comto) AGREEMENT SECTION 00521 1 THIS AGREEMENT is dated the 17th day of April in the year 2019 1 by and between City of Bremerton (hereinafter called OWNER)and HOLT SERVICES, INC. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. 1 CONTRACTOR shall complete the WORK as specified or indicated in the OWNER's Contract Documents entitled Well 2R & 7 Rehabilitation (2019). 1 ARTICLE 2. CONTRACT TIMES. Substantial Completion for the entire 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 thirty (30) calendar days after Substantial Completion. I 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 $500 for each day that expires after the tame specified in Article2. ARTICLE 4. CONTRACT PRICE. 1 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). (Contractor Initials) I I I I Well 2R and 7 Rehabilitation (2019) Agreement March 2019 00521-1 ARTICLE 5. 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. ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the WORK consist of this Agreement (Section 00521) and the following attachments to this Agreement: • Notice Inviting Bids • Bidder's Checklist (Section 00211). • Instructions to Bidders (Section 00213). • Bid Forms including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates and affidavits (Section 00410). • Performance Bond (Section 00611). • Payment Bond (Section 00616). • General Conditions (Section 00721). • Supplementary Conditions (Section 00731). • 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 the Contract. The provisions of this article shall survive the 1 termination or expiration of this agreement. Of— (Contractor Initials) I Well 2R and 7 Rehabilitation (2019) Agreement March 2019 00521-2 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 00721 (Standard General Conditions) and Section 00731 (Supplementary Conditions). ARTICLE 9. ASSIGNMENT I 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 ContractDocuments. I IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written. I OWNER: City of Bremerton CONTRACTOR: olt/.'-rvices, Inc. NAME, TITLE: Greg Wheeler, Mayor NAME, TITLE: );�r S ‘w,Y [Corporate Seal] Attest: ikV \j• J 11D Attest: Address for giving notice: Address for giving notice: \-2-‘\20 9 I Approved as to form. License No. I i\r( (Signature) ' (Title) Agent for service of process: I Well 2R and 7 Rehabilitation (2019) Agreement March 2019 00521-3 1 AGREEMENT CERTIFICATE (if Corporation) STATE OF SS: COUNTY OF ) 1 I HEREBY CERTIFY that a meeting of the Board of Directors of the I /47- 1-At& a corporation existing under the laws of the State of Z,c/kS4/11)/® held on 5//0 , 2019, the following resolution was duly passed and adopted./ "RESOLVED, that R/41,41,1/ /10 vl_ as �tC "a President of the Corporate n, be and is hereby authorized to execute the Agreement dated SJlo l7 , 2019, b an 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 , day of 2019. /4 Secretary I r . (SEAL) I I Well 2R and 7 Rehabilitation (2019) Agreement March 2019 00521-4 I AGREEMENT CERTIFICATE (if Partnership) I STAT •F SS: COUNTY • i I HEREB CERTIFY that a meeting of the Partners of the I a partnership existing under t' - laws of the State of held on , 21 9, the following resolution was duly passed and adopted: RESOLVED, that I as of the Partnership, be and is hereby authoriz:d to execute the Agreement dated I 2019, by and between this Partnership and ►ity 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 a . effect. IN WITNESS WHEREOF, I have hereunto set my hand thi , day of , , 2019. I Partner I (SEAL) I I Well 2R and 7 Rehabilitation (2019) Agreement March 2019 00521-5 I 111 AGREEMENT CERTIFICATE (if Joint Venture) I STA . OF SS: COUNT •F 1 I HERE:Y CERTIFY that a meeting of the Principals of the i a joint venture existing under t'e laws of the State of held on , 201 the following resolution was duly passed and adopted: "RESOLVED, that I as of the Joint Venture, be and is hereby authoriz-. to execute the Agreement dated I 2019, by and between this Joint Venture and sty 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 an. -ffect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 2019. I Managing Partner (SEAL) i 1 Well 2R and 7 Rehabilitation (2019) Agreement March 2019 00521-6 I AGREEMENT CERTIFICATE (if Limited Liability Company) I STAT' OF SS: COUNTY o F I I HEREBY CE"TIFY that a meeting of the Members of the a Limited Liability Company isting under the laws of the State of held on , 20 ', the following resolution was duly passed and adopted: "RESOLVED, that and as members of the Limited Liability Company, be and are hereby a horized to execute the Agreement dated 2019, to the City of Bremerton by this Limi -d Liability Company and that their execution thereof shall be the official act and •-ed of this Limited Liability Company." I further certify that said resolution is now in full for.- and effect. IN WITNESS WHEREOF, I have hereunto set myhano this , day of , 2019. I A Limited Liabi Company I By: 1 Member (SEAL) I By; Member END OF AGREEMENT FORMS Well 2R and 7 Rehabilitation (2019) Agreement March 2019 00521-7 This page intentionally left Blank 1 1 i 1 i 1 i 1 1 i i PERFORMANCE BOND SECTION 00611 1 KNOW ALL MEN BY THESE PRESENTS, I That as CONTRACTOR, I and as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of I dollars, I 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, Department of Public Works and Utilities, Bremerton, Washington, Well 2R & 7 Rehabilitation (2019)"; 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. I The Surety agrees that within thirty (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. I The obligation of the Surety shall include reimbursing the City for all costs and expenses, Well 2R and 7 Rehabilitation (2019) Performance Bond March 2019 00611-1 i I . PERFORMANCE BOND SECTION 00611 Bond No.CA 1827984 KNOW ALL MEN BY THESE PRESENTS, That Holt Services Inc. as CONTRACTOR, and Great American Insurance Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called"OWNER,"in the sum o Two Hundred Twenty Two Thousand Three Hundred Five and 50/100($222,305.50) 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, Department of Public Works and Utilities, Bremerton,Washington,Well 2R&7 Rehabilitation (2019)"; 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 thirty (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: I1. 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. The obligation of the Surety shall include reimbursing the City for all costs and expenses, Well 2R and 7 Rehabilitation(2019) Performance Bond • • March 2019 00611-1 I I : I (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 25th day of April , 2019.. • Holt Services Inc. Great American Insurance Company ( ONT' • OR) {Surety)By: �f,' B K,S)-4-4-4 (Sig ature and SEAL) (Signature and SEAL) Guida fvlcCfain,Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Address of Surety to which all notices shall be sent: Great American Insurance Company ' P 0 Box 2925 Tacoma,WJA 98401-2925 ' Address of Surety for service of process: (must be a physical address) Arthur J.Gallagher Risk Management Services, Inc. 1015 Market Street,Suite 250 Tacoma,WA 98401-2925 Well 2R and 7 Rehabilitation (2019) Performance Bond March 2019 00611-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I ' , ' PAYMENT BOND SECTION 00616 ' Bond No.CA 1827984 KNOW ALL MEN BY THESE PRESENTS, ' That .•i se. as CONTRACTOR, and Great American Insurance Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called"OWNER,"In the sum of ' Two Hundred Twenty Two Thousand Three Hundred Five and 501100($222,305.50) 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,Department of Public Works and Utilities, Bremerton,Washington,Well 2R&7 Rehabilitation(2019)";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,end court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond. 1 1 Well 2R and 7 Rehabilitation(2019) Payment Bond March 2019 00611-1 I I I I I I I I I I I I I I I I I I I IN WITNESS WHEREOF, we have hereunder set our hands and seals this 25th day of ' April , 2019. Holt Service Inc. Great American Insurance Company CON 'I' TOR) / (Surety),41.11 � By: ;� B, .r,� (Sigfla ure and SEAL) (Sig, Attorney-in-Factnature and SEAL) ' (SEAL AND NOTARIAL ACKNOWLEDGEMENT OFGuida SURETY)McClain ' Address of Surety to which all notices shall be sent: Great American Insurance Company P 0 Box 2925 Tacoma, WA 98401-2925 ' Address of Surety for service of process: Arthur J. Gallagher Risk Management Services, Inc. (must be a physical address) 1015 Market Street, Ste 250 Tacoma, WA 98402 1 ' Well 2R and 7 Rehabilitation (2019) Payment Bond March 2019 00611-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .. tGREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 IThe number of persons authorized by this power of attorney is not more than EIGHT No.0 21048 I POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds, I undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power STUART A.O'FARRELL BLAIR PATJENS ALL OF ALL I GUIDA MCCLAIN DEBRA POWELL TACOMA, $100,000,000 DARIN M.PURYEAR KRISTEN LOOK WASHINGTON JILL A.WALLACE TROY WILLIAMS IThis Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 20TH day of DECEMBER , 2018 . I Attest GREAT AMERICAN INSURANCE COMPANY IASU 0 kill; _l (044.,.,,/ I Assistant Secretary Divisional Senior Vice President STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KITCHIN(877-377-2405) On this 20TH day of DECEMBER 2018 before me personally appeared DAVID C. KITCHIN,to me I known,being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. Susan A.Kthorst Noir/Pub A Steil c(Ohb c>!i�- YyC.aatdaion6Qiesp6.1i2p2p a .1 IL,,,, This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company I by unanimous written consent dated June 9,2008. RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisonal Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, I as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract of suretyship, I or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. I CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. I Signed and sealed this . "/" 2 5— day of t'i l , / • p „soew �+�"J ,.tet4 G, 44...I le-- . . C' e _jr�/ ;" • Assistant Secretary IS1029AF(06/15) I IN WITN S WHEREOF, we have hereunder set our hands and seals this S day of , 2019. 1-164- RAvkide hi t ,VIRACTOR) RvJ1 By: By: (Surety) (Signature and SEAL) (Signature and SEAL) Payment Bond(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Address of Surety to which all notices shall be sent: Address of Surety for service of process: (must be a physical address) 1 I I I I I I 1 1 Well 2R and 7 Rehabilitation (2019) March 2019 00611-2 I 0' I i Version: 5-06-15 CITY OF BREMERTON STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT I Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org I American Council of Engineering Companies 1015 15th Street N.W.,Washington, DC 20005 1 (202)347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America I 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 byNSPE. I 111 ' This page intentionally left Blank 1 1 1 1 f i 1 1 i 1 1 i I CITY OF BREMERTON STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology 1 1.1 Defined Terms 1 1.2 Terminology 6 Article 2 —Preliminary Matters 7 2.1 Delivery of Bonds and Evidence of Insurance 7 2.2 Copies of Documents 7 2.3 Commencement of Contract Times; Notice to Proceed 7 2.4 Starting the Work 7 1 2.5 Before Starting Construction 8 2.6 Preconstruction Conference; Designation of Authorized Representatives 8 2.7 Initial Acceptance of Schedules 8 Article 3 —Contract Documents: Intent,Amending, Reuse 9 3.1 Intent 9 3.2 Reference Standards 9 1 3.3 Reporting and Resolving Discrepancies 9 3.4 Amending and Supplementing Contract Documents 10 3.5 Reuse of Documents 1 1 3.6 Electronic Data 1 1 Article 4— Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points 11 4.1 Availability of Lands 11 4.2 Subsurface and Physical Conditions 12 4.3 Differing Subsurface or Physical Conditions 12 4.4 Underground Facilities 13 4.5 Reference Points 14 4.6 Hazardous Environmental Condition at Site 15 Article 5 — Bonds and Insurance l6 5.1 Performance, Payment, and Other Bonds 16 CITY OF BREMERTON STANDARD GENERAL CONDITIONS I 5.2 Licensed Sureties and Insurers 17 5.3 Certificates of Insurance 17 I5.4 Contractor's Insurance 17 I ARTICLE 6 contractor's Responsibilities 21 6.1 Supervision and Superintendence 21 I 6.2 Labor; Working Hours 21 6.3 Services,Materials, and Equipment 22 6.4 Progress Schedule 22 1 6.5 Proposed Substitutions or"Or-Equal" Item 22 6.6 Concerning Subcontractors, Suppliers,and Others 25 1 6.7 Patent Fees and Royalties 26 6.8 Permits 27 I 6.9 Laws and Regulations 27 6.10 Taxes 28 I 6.11 Use of Site and Other Areas 28 6.12 Record Documents 29 6.13 Safety and Protection 29 1 6.14 Safety Representative 30 6.15 Hazard Communication Programs 30 1 6.16 Emergencies 30 6.17 Submittals 31 1 6.18 Continuing the Work 32 6.19 Contractor's General Warranty and Guarantee 33 III 6.20 Indemnification 33 6.21 Delegation of Professional Design Services 35 IArticle 7 - Other Work at the Site 35 7.1 Related Work at Site 35 I 7.2 Coordination 36 7.3 Legal Relationships 37 IArticle 8 -Owner's Responsibilities 37 8.1 Communications to Contractor 37 1 8.2 Replacement of Engineer 37 8.3 Furnish Data 37 1 8.4 Pay When Due 37 ICITY OF BREMERTON STANDARD GENERAL CONDITIONS I 8.5 Lands and Easements; Reports and Tests 37 I 8.6 Insurance 37 8.7 Change Orders 38 8.8 Inspections, Tests, and Approvals 38 I 8.9 Limitations on Owner's Responsibilities 38 8.10 Undisclosed Hazardous Environmental Condition. 38 8.11 Compliance with Safety Program 38 Article 9 —Engineer's Status During Construction 38 I 9.1 Owner's Representative 38 9.2 Visits to Site 38 f 9.3 Resident Project Representative 39 9.4 Authorized Variations in Work 39 I 9.5 Rejecting Defective Work 39 9.6 Submittals, Change Orders and Payments 39 1 9.7 Determinations for Unit Price Work 40 9.8 Decisions on Requirements of Contract Documents and Acceptabilityof Work 40 9.9 Limitations on Engineer's Authority and Responsibilities 40 Article 10—Changes in the Work; Claims 41 10.1 Authorized Changes in the Work 41 102 Unauthorized Changes in the Work 41 10.3 Execution of Change Orders 41 104 Notification to Surety 42 105 Claims 42 I Article 11 —Cost of the Work; Allowances; UnitPrice Work. 43 1 11.1 Cost of the Work 43 112 Allowances 45 113 Unit Price Work 46 Article 12 Change of Contract Price; Change ofContract Times 47 I 121 Change of Contract Price 47 122 Change of Contract Times 50 123 Delays 50 Article 13 —Tests and Inspections; Correction, Removal or Acceptance ofDefective Work 51 I 13.1 Notice of Defects 51 132 Access to Work 51 CITY OF BREMERTON STANDARD GENERAL CONDITIONS I 133 Tests and Inspections 52 13.4 Uncovering Work 53 135 Owner May Stop the Work 53 I13.6 Correction or Removal of Defective Work 53 13.7 Correction Period 54 1 13.8 Acceptance of Defective Work 54 13.9 Owner May Correct Defective Work 55 IArticle 14 —Payments to Contractor and Completion 56 14.1 Schedule of Values 56 1 142 Progress Payments 56 143 Contractor's Warranty of Title 60 1 14.4 Substantial Completion 60 145 Partial Utilization 60 1 14.6 Final Inspection 61 14.7 Final Payment 61 I 14.8 Final Completion Delayed 63 14.9 Waiver of Claims 64 IArticle 15 — Suspension of Work and Termination 64 15.1 Owner May Suspend Work 64 I 152 Owner May Terminate for Cause 64 153 Owner May Terminate For Convenience 65 15.4 Contractor May Stop Work or Terminate 66 Article 16 Dispute Resolution 67 1 16.01 Methods and Procedures 67 Article 17—Miscellaneous 67 1 17.1 Giving Notice 67 172 Computation of Times 67 1 173 Cumulative Remedies 67 17.4 Survival of Obligations 67 1 175 Controlling Law 68 17.6 Headings 68 I 17.7 Administrative Procedures and Forms 68 17.8 Right to Audit 68 17.9 Severability 69 I ICITY OF BREMERTON STANDARD GENERAL CONDITIONS 1 17.10 Waiver 69 Article 18 —WASHINGTON STATE REQUIREMENTS 69 18.1 Trench Excavation Safety Systems 69 182 Payment of Prevailing Wages 69 183 Water Pollution Control Requirements 71 18.4 Prevention of Environmental Pollution &Preservation of Public Natural Resources 71 I I I I I I I I I I I I I i CITY OF BREMERTON STANDARD GENERAL CONDITIONS I I I I I I THIS PAGE LEFT INTENTIONALLY BLANK I I I i I I I I I I I I I t ARTICLE 1 —DEFINITIONS AND TERMINOLOGY 1.1 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. 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 be111 made to Contractor for damage to the Work resulting therefrom. 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. I 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. I 9. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). I 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. I 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. I CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-1 I 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. 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. 1 14. Conformed Contract Documents — Contract Documents issued for construction that include the Agreement, Bonds, Insurance and Addenda. 1 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 1 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. 1 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. 1 24. Engineer—The Engineer is defined as the City Engineer of the City of Bremerton, Washington. I CITY OF BREMERTON STANDARD GENERAL CONDITIONS 1 00700-2 1 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. 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 evidenced by the Engineer's Notice of Final Completion and Acceptance. 27. General Requirements—Sections of Division 1 of the Specifications. I 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 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. i CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-3 I 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. 1 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 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. 1 42. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or apart. 1 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. 1 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. Seller—The person, firm, or corporation with whom Owner has entered into the Agreement to furnish Goods and Special Services. 49. 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. 50. 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. I CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-4 I 51. 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. 52. Subcontractor—An individual or entity having a direct contract with Contractor or with any I other Subcontractor for the performance of a part of the Work at the Site. 53. Substantial Completion—The time at which the Work (or a specified part thereof) has I 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 111 Substantial Completion. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. I 54. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. I 55. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. I 56. 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. 57. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water,other liquids or chemicals, or traffic or other control systems. 58. Unit Price Work—Work to be paid for on the basis of unit prices. 59. 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. I 60. 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 111 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. I CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-5 L II1.2 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but,when used 1 in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1 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 II 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 I judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents I (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 I undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. IC. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next 1 midnight. D. Defective: 1 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: Ia. does not conform to the Contract Documents;or I b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents;or I 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). IE. Furnish, Install, Perform, Provide: II 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. 1 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 Icomplete and ready for intended use. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 1 00700-6 t 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, I or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. I F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 1 2.1 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. 2.2 Copies of Documents A.The Owner shall furnish to the Contractor five copies of Conformed Contract documents I including Specifications, and reduced size Drawings. Additional copies and up to two full sized sets of Drawings will be furnished upon Contractor's written request at the cost to the Owner of reproduction, handling and shipping. 2.3 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. 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. 2.4 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. I CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-7 I I2.5 Before Starting Construction A.Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless I otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: I 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; 1 2. A preliminary Schedule of Submittals;and I 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 I performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. I4. A schedule of proposed substitute (or-equal) Submittals. 2.6 Preconstruction Conference;Designation of Authorized Representatives IA. 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 I 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. I2.7 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. I 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 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 I 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. 1 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 1 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. 1 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 1 00700-8 t ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.1 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. 111 C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.2 Reference Standards A.Standards, Specifications, Codes,Laws, and Regulations I 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. 3.3 Reporting and Resolving Discrepancies S 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. I CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-9 I 2Contractor'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 I 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 b. Change Orders c. Agreement d. Addenda Ic. 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). 3.4 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-10 I 2. Engineer's written interpretation or clarification. 3.5 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 I of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. Therohibitions of this Paragraph p3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.6 Electronic Data A.Unless otherwise stated in the Supplementary Conditions, the data furnished byOwner or Pp rY 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 of111 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 4.1 Availability of Lands I 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 111 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-11 I I 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. 4.2 Subsurface and Physical Conditions A.The Supplementary Conditions Identify: 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 Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. The completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. Other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or ' 3. Any Contractor interpretation of or conclusion drawn from any"technical data"or any such other data, interpretations, opinions, or information. 4.3 Differing 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 3. 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-12 I 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. I 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 3.04B. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a 111final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract;or b. The existence of such condition could reasonably have been discovered or revealed as t a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be 111 made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.4 Underground Facilities 1 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: I 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others;and I 2. The cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: I CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-13 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. 1 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. 1 B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection ofsuch Underground Facility. 1 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change g 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 anticipatedproject. 4.5 Reference Points A. Owner shall provide engineering surveys to establish reference points for r 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-14 1 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. 4.6 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 1 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: I 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 I 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. I 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-15 I 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. 1 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, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute ' resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5—BONDS AND INSURANCE ' 5.1 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided 1 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS ' 00700-16 I ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.Band5.02. I 5.2 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. ' 5.3 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee I identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. 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. I 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. I 5.4 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. I CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-17 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: 1. Workers' Compensation and Employer's Liability: This insurance shall protect the Contractor against all claims under applicable workers' compensation laws or federal acts, including claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. This insurance shall include an "all states" endorsement. In the event of a "monopolistic" state, Contractor shall certify all employees are covered by the state fund or shall provide a separate policy providing "all states" benefits. Employer's liability "stop gap" coverage for monopolistic states shall be provided under either a worker's compensation policy or general liability policy. The Contractor shall require each subcontractor similarly to provide workers' compensation insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's workers' compensation insurance. In case any class of employees is not protected under the workers' compensation laws, the Contractor shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of its employees as are not otherwise protected. The Contractor and each Subcontractor shall provide a waiver of subrogation in favor of the Owner andEngineer. ' 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. I CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-18 I 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: I a. This insurance shall be written in completed value form, and shall protect the Contractor, Subcontractors, the Owner, and the Engineer, against risks of damage to buildings, structures, and materials and equipment (including any stored off-site and while in transit), Contractors' equipment, debris removal and including demolition and contingent loss occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Engineer's services and expenses required as a result of such insured loss. The amount of such insurance shall be not less than the insurable value of the Work at Final Completion plus equipment. Builder's risk insurance shall provide for losses to be payable to the Contractor and the Owner, as their interests may appear. This insurance shall contain a provision that in the event of payment for any loss under the coverage provided,the insurance company shall have no rights of recovery against the Contractor, the Owner, and the Engineer. This insurance shall insure against all risks of loss (including earthquake, flood and collapse) and, at the option of the Owner, shall include comprehensive boiler and machinery coverage including coverage for installation and testing. b. If the Owner finds it necessary occupy or use a portion or portions of the Project prior pY to Substantial Completion thereof, such occupancy shall not commence prior to the time mutually agreed to by the Owner and Contractor and to which the insurance ' company of companies providing the Builder's Risk Insurance have consented by endorsement to the policy or policies. I 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 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-19 I 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 2. POLICIES written on a "claims made basis" are not acceptable. 3. Policies shall include premises/operations, products, completed operations, independent contractor's, owners and contractors protective, explosion, collapse, underground hazard, broad form contractual, personal injury with employment exclusion deleted, and broad form property damage. c. Comprehensive Automobile Liability(including owned, hired, and non-owned Vehicles): II. 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. CITY OFBREMERTON STANDARD GENERAL CONDITIONS ' 00700-20 I ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 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. 6.2 Labor; Working Hours I 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. 1 C. Except as otherwise provided in this Paragraph, the Contractor shall receive no additional compensation for overtime work, i.e., work in excess of 8 hours in any one calendar day or 40 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. I 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. 1 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-21 I 6.3 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 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. 6.4 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 1 2.07 as it may be adjusted from time to time asprovided 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. 1 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.5 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-22 I Contractor shallp rovide 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 proposed111 substitution. 5. The Owner may require the Contractor to furnish a special performance guarantee or other surety with respect to any substitution. 6. Acceptance by the Engineer of a substitution item proposed by the Contractor shall not relieve the Contractor of the responsibility for full compliance with the Contract Documents and for adequacy of the substitution. 7. The Contractor shall pay all costs of implementing accepted substitutions, including redesign and changes to WORK necessary to accommodate the substitution. B. The procedure for review by the Engineer will include the following: 1. Submit materials in accordance with this section and the General Requirements. 1 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: 1. Whether the evaluation and acceptance of the proposed substitution will prejudice the Contractor's achievement of Substantial Completion on time. I 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. I 3. Whether incorporation or use of the substitution in connection with the WORK is subject to payment of any license fee orroyalty. I 4. Whether all variations of the proposed substitution from the items originally specified are identified. I 5. Whether available maintenance, repair, and replacement service are indicated. The manufacturer shall have a local service agency(within 50 miles of the site)which maintains I CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-23 ' 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 andpayall p costs in connection with proposed substitutions and of inspections and testing of equipment or materials submitted for review prior to the Contractor's purchase thereof for incorporation in the WORK, whether or not the Engineer accepts the proposed substitution or proposed equipment or material. E. Submittal requirements for 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. 8. Reproducible contract drawings, marked up to illustrate the alterations to all structural, architectural, mechanical, electrical and HVAC systems required to accommodate the proposed substitution. 9. A list of installations of the proposed substitution indicating application, location, owner and date of first use. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-24 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. I G. Whenever materials or equipment are identified in the Contract Documents but are not listed on the "List of Proposed Substitutes" form by using the name of a proprietary item or the name of a particular manufacturer, the naming of the item is intended to establish the type, function, and quality required. If the name is followed by the words "or equal" indicating that a substitution is permitted, materials or equipment of other manufacturers may be accepted if sufficient I 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. 6.6 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity(including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. The Contractor shall perform not less than 30 percent of the WORK with its own forces (i.e., without subcontracting). The 30 percent requirements shall apply to the Contract Price less the values of 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 I CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-25 I Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. Shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity;nor 2. Shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.7 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. 1 CITY OF BREMERTON STANDARD GENERAL CONDITIONS ' 00700-26 I 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. 6.8 Permits I A. The Contractor shall obtain and pay for all construction permits and licenses from the agencies having jurisdiction, including the furnishing of insurance and bonds if required by such agencies, EXCEPT those listed in Paragraph 6.08B, below to be paid for by the Owner. The enforcement of such requirements shall not be the basis for claims for additional compensation by Contractor. When necessary, the Owner will assist the Contractor in obtaining such permits and licenses. The Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the WORK which are annlicable 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 I including structural, mechanical, plumbing, and fire protection. The Contractor shall be required to obtain the permit at City offices. I 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. I 6.9 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 1 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-27 Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not knowable at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. The Contractor shall collect from 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. Ir B. The Contractor shall have an active City of Bremerton Business License and shall pay to the City under said license all applicable City business and occupation (B&O) taxes. B&O taxes shall be paid when due and Contractor shall agree to assign any payments due to the City Clerk for payment of such taxes which have been declared delinquent. C. The Contractor shall withhold and pay any and all sales and use taxes and all 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. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and OtherAreas: 1 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. 2. 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS ' 00700-28 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. I B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in anv manner that will enrlanrrer the ctrnefiire nnr chall Cnntraetnr ciihiert an , Hart of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer 1 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 initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. All persons on the Site or who may be affected by the Work; 2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site;and 3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, 111 pavements, roadways, structures, utilities, and Underground Facilities not designated for removal,relocation, or replacement in the course of construction. I CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-29 I I B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor I 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. IC. 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 Iwhile 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 I the Work, or anyone for whose acts any of them may be liable, shall be remedied by I 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. I E. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as Iotherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative IA. Contractor shall designate a qualified and experienced competent person at the site whose duties and responsibilities shall include, enforcing State of Washington — WISHA regulations i I regarding excavations, preventing accidents, and maintaining and supervising construction site health and safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or I other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws orRegulations. 1 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site I 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 I 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. I I n CITY OF BREMERTON STANDARD GENERAL CONDITIONS 1 00700-30 M I 6.17 Submittals I 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: I a. submit number of Samples specified in the Specifications. . b. Clearly identifyeach Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review of the pertinent submittal will be at the sole expense and responsibility ofContractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: I 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; I b. Determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, 1 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. I I CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-3 I I 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. 1 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review 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. 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. 111 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-32 3 i 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 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. I 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 I 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; I 5. Any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; I 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. I 6.20 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: I 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-33 I 1 1 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; 1 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 I agents engaged in the Work resulting in actions brought by or on behalf of such employees against the Owner and/or the Engineer; I 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; I 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 Iinvention, 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 I express or implied, made to the Owner and/or Engineer or any other parties by the Contractor, its employees, or agents; 1 6. Liability or claims arising directly or indirectly from the willful misconduct of the Contractor, its employees, or agents; III 7. Liability or claims arising directly or indirectly from any breach of the obligations assumed in this Agreement by the Contractor; I8. 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 I employees or agents,and; 9. Liability or claims arising directly, or indirectly, or consequentially out of any action, legal or equitable, brought against the Owner, the Engineer, their consultants, subconsultants, Iand 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 Ithereon. B. The Contractor shall reimburse the Owner and the Engineer for all costs and expenses, I (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 IEngineer in enforcing the provisions of this Paragraph 6.20. I I , , - -- CITY OF BREMERTON STANDARD GENERAL CONDITIONS 1 00700-34 1 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 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. 1 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, I techniques, sequences and procedures. Contractor shall not be required to provide professional 0¼/k v ivw in v'iwutavu vi applicable aur,. 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. I 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 I 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'in 's review and approvalcalculations and of design design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review of Shop Drawings and other submittals (except design calculations and design drawings)will be only for the purpose stated inParagraph 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 7.1 Related Work at Site I A. Owner may perform other work related to the Project at the Site with Owner's employees, or CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-35 I Ithrough 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 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 I 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. I 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 Imaterials 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 Iintegrate 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 I 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 I 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 I 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 Isuch other work. D. Additional requirements for coordination between the Contractor, other contractors and the IOwner's forces are set forth in Division 1 —General Requirements. • 7.2 Coordination IA. 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: 1 1. The individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 1 2. The specific matters to be covered by such authority and responsibility will be itemized; and 1 3. The extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority 1 and responsibility for such coordination. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 1 00700-36 I C. The Contractor shall coordinate its Work with that of the Owner's forces and others as required in Division 1 —General Requirements. 7.3 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 orinactions. 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 8.1 Communications to Contractor A.Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. � 8.2 Replacement of Engineer I 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. I 8.3 Furnish Data A.Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.4 Pay When Due 1 A.Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.5 Lands and Easements; Reports and Tests A.Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.6 Insurance I A.Owner's responsibilities, if any, with respect to purchasing and maintaining insurance are set forth in Article 5. I CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-37 I 8.7 Change Orders A.Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.8 Inspections, Tests, and Approvals A.Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.9 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. TARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION 9.1 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. 9.2 Visits to Site A.Engineer will make visits to the Site at intervals appropriate to the various stages of construction as,Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 1 00700-38 i 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. I 9.3 Resident Project Representative 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. , 9.4 Authorized Variations in Work A.The Engineer may authorize variations in the Work from the requirements of the Contract I 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. 9.5 Rejecting Defective Work I 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. 9.6 Submittals, Change Orders and Payments I A.In connection with Engineer's authority, and limitations thereof, as to Submittals, see Paragraph 6.17. 1 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. I CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-39 I 9.7 Determinations for Unit Price Work A.Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.8 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.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.9 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 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 1 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, ifany. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-40 I ARTICLE 10—CHANGES IN THE WORK;CLAIMS 10.1 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). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if i 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. I 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. 10.2 Unauthorized Changes in the Work I 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 I 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. I 10.3 Execution of Change Orders A.Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. Changes in the Work which are: (i) ordered byOwnerpursuant to Paragraph 10.01.A , (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or(iii)agreed to by the parties; 2. Changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. Changes in the Contract Price or Contract Times which embody the substance of any I 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-41 I I 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. I10.4 Notification to Surety A.If the provisions of any bond require notice to be given to a surety of any change affecting the I 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 Ieffect of any such change. 10.5 Claims IA.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 I may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. IB. 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 1 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 I 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 I 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 I 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). IC. 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 1 following actions in writing: 1. Deny the Claim in whole or in part; I2. Approve the Claim;or I 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 adenial. ID. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. I CITY OF BREMERTON STANDARD GENERAL CONDITIONS 1 00700-42 I E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor files suit pursuant to Article 16. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted 1 in accordance with this Paragraph 10.05. ARTICLE 11 —COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.1 Cost of the Work i A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in 1 Paragraph 11.01.B, and shall include only the following items: 1. 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. I 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable I 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-43 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. 1 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. I b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers,which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer 1 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. If Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the 111 Contract Documents to purchase and maintain. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-44 I B. Costs Excluded:The term Cost of the Work shall not include any of the following items: 1. 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 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. I 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. I 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquentpayments. I 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 1 specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. I 11.2 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: 1. Contractor agrees that: I 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 I CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-45 I I 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 Iadditional payment on account of any of the foregoing will be valid. C. Contingency Allowance: I1. Contractor agrees that a contingency or force account allowance, if any, is for the sole use of Owner to cover unanticipated costs. ID. 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, Iand the Contract Price shall be correspondingly adjusted. 11.3 Unit Price Work IA.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 I 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. I 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 Iby 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 Ito 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 Iwith Paragraph 10.05 if: I. The total cost of a particular item of Unit Price Work amounts to 5% or more of the I 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 1 2. There is no corresponding adjustment with respect to any other item ofWork; and I 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 Ior decrease. E. In the event a part of the Work is to be entirely eliminated and no lump sum or unit price is I 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. I 1 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-46 1 ARTICLE 12—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES I 12.1 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 and adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. Where the Work involved is covered by unit prices contained in the Contract Documents, I by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2);or I 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.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit(determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit for the cost of extra work as defined in Paragraph 12.01.D shall be determined as follows: 1. A mutually acceptable fixed fee; or III 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 the Contractor's fee shall be 20%. c. No fee shall be payable on the basis of costs itemized under Paragraph 11.01.B; I 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 0070047 I 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 11.01.B. 1. Labor: The costs of labor will be the actual cost for wages prevailing for each craft or type of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from federal, state or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. Labor costs for equipment operators and helpers will be paid only when such costs are not included in the invoice for equipment rental. The labor costs for 1 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 outherein. 2. Materials: The cost of materials reported shall be at invoice or lowest current price p ce 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 Iprovisions 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 whollyor inpart bythe purchaser pu chaser 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 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 11 materials. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-48 1 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 1µ1111J11 to Lu ll Ll(5111LIV1, 111 duplicate, a description of the equipment a11L1 110 1L1 J1115 number; c. Unless otherwise specified, manufacturer's ratings and manufacturer-approved modifications shall be used to classify equipment for the determination of applicable I 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; i 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 original111 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: 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-49 i 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 11.01.B. 12.2 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 1 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 increase in the Contract Price. 12.3 Delays A.Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-50 i 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. t 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. I 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, tarn-IA(4 d that tit g. Cnntrartnr cha11 within ') h,ic naQc ilorre of tha haninriinrr of onv cnrh rlalov 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 schedulingOnly. 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 ORACCEPTANCE OF DEFECTIVE WORK 13.1 Notice of Defects A.Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. 13.2 Access to Work I A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. I CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-51 I 13.3 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.Dbelow; 1 2. That costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C;and r3. 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 1 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 suchnotice. 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.B 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 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-52 1 13.4 Uncovering Work I 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. I 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 ! .v.«tract D.uvv. is 4Lv parties are unable v ubv as to 1, uu„u thereof, n`: ... .. µy :make . 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. 1 13.5 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. 13.6 Correction or Removal of Defective Work I A.Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 1111 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-53 13.7 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 6.11.A 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 3. If the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective,and 4. Satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of Lothers)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. 13.8 Acceptance of Defective Work A.If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-54 I 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 I 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. I 13.9 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct 111 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 I with the Contract Documents, or if Contractor fails to comply with any other provision of the CuilitaVL ut,uiiicttb, JWLLGI liiay, auci Jcvc11 jays Wlllicll 1tuuLc iu lCuttital.LUl, t+ullcGL, u1 remedy any such deficiency. 1 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 I 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 111 under this Paragraph 13.09. I CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-55 1 ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 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. 14.2 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for eachro ess payment p �' PYm (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 I Chapter 60.28 RCW shall, at the b. Monies reserved under provisions of C poption 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 I (2) Deposited by the Owner in an interest-bearing account in a bank, mutual savings bank, or savings and loan associations, not subject to withdrawal until after final acceptance of all Work, or a portion thereof, as may be approved by the Owner; or i (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 111 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 111 to assume all risks in connection with the investment of the retained monies. B. Review of Applications: 1. 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 111 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-57 I 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 I 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. 1 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 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 1 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-58 I d. To make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price,or e. To determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. The Work is defective, or completed Work has been damaged, requiring correction or replacement; b. The Contract Price has been reduced by Change Orders; I 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.D)become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: I. Owner may refuse to make payment of the full amount recommended by Engineer because: a. Claims have been made against Owner on account of Contractor's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. There are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-59 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. 1 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.1 and subject to interest as provided in the Agreement. 14.3 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. 14.4 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 I 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. 14.5 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. ' 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 111described in the written notice. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-60 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. I 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. ' 14.6 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 Gulllp1GLG JU4Il VV ulll UI IGIIIGuy J1.1%,11 UGIILAGIIWGJ. 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 its111 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. 14.7 Final Payment A. Application for Payment: I 1. After the Contractor has, in the opinion of the Engineer, satisfactorily completed all Work and corrected all Defective Work, and has delivered, in accordance with the Contract 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. 111 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. 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-61 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.B 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.B.1 which have not been released; and, Two times the value of outstanding items of correction work or Correction List items yet uncompleted or uncorrected, as applicable. All such work shall be completed or corrected to the satisfaction of the Owner within the time stated herein and on the Notice of Substantial Completion, otherwise the Contractor does hereby waive any and all claims to all monies withheld by the Owner to cover the value of all such uncompleted or uncorrected items. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-62 1 D. Release of Retainage and OtherDeductions ' 1. After executing the Notice of Final Completion and Acceptance (Paragraph 14.06), and not more than 60 days thereafter(based on a 45-day claims period and 15-day processing time), the Owner will release to the Contractor the retained funds withheld pursuant to the Agreement, less any deductions to cover pending claims against the Owner pursuant to Paragraph 14.02.B, provided the following conditions are met: I a. Certificates approved by the Washington State Department of Labor and Industries, Washington State Employment Security Department, and all other departments and agencies having jurisdiction over the activities of the Contractor have been provided to the Owner. b. If the Contract Price hereunder exceeds $20,000, a release obtained from the Washington State Department of Revenue has been provided to the Owner. c. Affidavits of Wages Paid for the Contractor and each subcontractor approved by Washington State Department of Labor and Industries have been provided to the Owner. d. No claims, as provided by law, have been filed against the retainage. e. The Owner has no claims under this Contract. I f. Affidavit of total monies paid (if any) to each Minority Women Business Enterprise subcontractor utilized on the project. g. Acceptance of Compensation and Release of All Claims form submitted to the Engineer. I 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. I 3. Upon expiration of the 60 day period referred to in Paragraph I4.07.D.1, the amounts withheld pursuant to the provisions of Paragraph 14.02.B and D, for all remaining work items will be paid to the Contractor; provided that said work has been completed or corrected to the satisfaction of the Owner within the 30 day period. Otherwise, the Contractor does hereby waive any and all claims for all monies withheld by the Owner under this Agreement in an amount two times the value of such remaining uncompleted or uncorrected items. 14.8 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-63 I 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. 14.9 Waiver of Claims A. The making and acceptance of finalpaym ent 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 ' 15.1 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. 15.2 Owner May Terminate.f or Cause A.The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-64 1 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; I 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. I 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.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims. costs_ losses_ and damages (including hut 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.B and 15.02.C, Contractor's services will not be terminated I 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 I 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.B and 15.02.C. , 15.3 Owner May Terminate For Convenience A.Upon seven days written notice to Contractor and Engineer, Owner may, without cause and 111 without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for(without duplication of any items): I i CITY OF BREMERTON STANDARD GENERAL CONDmONs 00700-65 1 ' 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. 1 15.4 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. I 1 CITY I I OF BREMERTON STANDARD GENERAL CONDITIONS 00700-66 ARTICLE 16—DISPUTE RESOLUTION 16.1 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 payment by the Owner. 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. ARTICLE 17—MISCELLANEOUS 17.1 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. I 17.2 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. 17.3 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 111way 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. 17.4 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-67 I 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. 17.5 Controlling Law A.This Contract is to be governed by the laws of the State of Washington. 17.6 Headings A.Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. ' 17.7 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. 17.8 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-68 1 17.9 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. 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. —WASHINGTON STATE ARTICLE l8REQUIREMENTS 18.1 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. 18.2 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. 111 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 statutes111 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 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700.69 I 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. E. The "usual benefits" shall include the amount of: 1. The rate of contribution irrevocablymade bythe 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 o 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. CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-70 I 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 I shall state that prevailing wages have been paid in accordance with the pre-filed statement or statements of intent on file with the Department of Labor and Industries as approved by the Industrial Statistician. 1 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. i 8.3 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. 18.4 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 I Order 11514; Clean Water Act, 33 USGC 1251 et seq. 2. STATE. Water Pollution Control Act, Chapter 90.48 RCW; State Environmental Policy 111 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 I I CITY OF BREMERTON STANDARD GENERAL CONDITIONS 00700-71 This page intentionally left Blank 1 I 1 1 1 1 1 1 1 SUPPLEMENTARY CONDITIONS SECTION 00731 I GENERAL These Supplementary Conditions (SC's) amend or supplement the Standard General I Conditions (General Conditions) of the Construction Contract and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. ARTICLE 3— CONTRACTS DOCUMENTS; INTENT, AMENDING, REUSE SC — 3.03.B. Delete Paragraph 3.03.B.1.a of the General Conditions in its entirety and insert the following in its place: a. In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents, the order of precedence shall be as follows: 1. Permits from other agencies as may be required by law 2. Change Orders 3. Agreement 4. Addenda 5. Contractor's Bid (Bid Form) 6. Supplementary Conditions 7. General Conditions 8. Technical Specifications 9. Referenced Standard Specifications 10. Drawings With reference to the Drawings the order of precedence is as follows: a. Dimensions govern over scaled dimensions. I 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. I ARTICLE 5 — BONDS AND INSURANCE SC — 5.04.G Delete Paragraph 5.04.G of the General Conditions in its entirety and replace it with the following: G. The Contractor shall provide the Owner and all additional insureds with written notice of any policy cancellation within two 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. I Well 2R and 7 Rehabilitation (2019) Supplementary Conditions March 2019 00731-1 I ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC — 6.02.E Add the following at the end of Section 6.02: Regular working hours shall be 8 hours per day, with maximum 1 hour for lunch break, 5 days per week, Monday thru Friday, no more than 40 work hours per week. The hours of work may be between 7 a.m. and 5 p.m. Work outside these parameters is not permitted unless requested by the Contractor in writing and approved by the Owner in writing. A 10-hour day, four days per week, will be permitted, but must be requested in writing prior to the actual work. The Contractor shall submit their work schedule at the pre-construction meeting. Any change in schedule shall be requested minimum 72 hours before the actual change. When work hours are greater than 8 hours per day (or 10 hours per day if approved) or more than 40 hours per week, this shall be considered overtime. The Contractor shall notify the Owner minimum 72 hours before the actual work when intending to work overtime. SC — 6.20.A.10 Add the following paragraph to Section 6.20 A. A. 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 at from the Engineer upon request. The following 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: 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. END OF SECTION I I I I Well 2R and 7 Rehabilitation (2019) Supplementary Conditions March 2019 00731-2 3/11/2019 about:blank I State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540I Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 03/28/2019 I County Trade Job Classification Wage Holiday Overtime Note Kitsap Asbestos Abatement Workers Journey Level $46.57 5D 11-I Kitsap Boilermakers Journey Level $66.54 5N 1C Kitsap Brick Mason Journey Level $57.32 5A 1M I Kitsap Brick Mason Pointer-Caulker-Cleaner $57.32 5A 1M Kitsap Building Service Employees Janitor $12.00 1 Kitsap Building Service Employees Shampooer $12.00 1 Kitsap Building Service Employees Waxer $12.00 1 Kitsap Building Service Employees Window Cleaner $13.22 1 1 Kitsap Cabinet Makers (In Shop) Journey Level $23.72 1 Kitsap Carpenters Acoustical Worker $60.04 5D 4C Kitsap Carpenters Bridge, Dock And Wharf $60.04 5D 4C Carpenters Kitsap Carpenters Carpenter $60.04 5D 4C Kitsap Carpenters Carpenters on Stationary Tools $60.17 5D 4C Kitsap Carpenters Creosoted Material $60.14 5D 4C Kitsap Carpenters Floor Finisher $60.04 5D 4C I Kitsap Carpenters Floor Layer $60.04 5D 4C Kitsap Carpenters Scaffold Erector $60.04 5D 4C Kitsap Cement Masons Journey Level $60.07 7A 4U Kitsap Divers Et Tenders Bell/Vehicle or Submersible $113.60 5D 4C Operator (Not Under Pressure) Kitsap Divers Et Tenders Dive Supervisor/Master $76.33 5D 4C Kitsap Divers Et Tenders Diver $113.60 5D 4C 8V Kitsap Divers Et Tenders Diver On Standby $71.33 5D 4C I Kitsap Divers Et Tenders Diver Tender $64.71 5D 4C Kitsap Divers a Tenders Manifold Operator $64.71 5D 4C Kitsap Divers Et Tenders Manifold Operator Mixed Gas $69.71 5D 4C Kitsap Divers Et Tenders Remote Operated Vehicle $64.71 5D 4C Operator/Technician Kitsap Divers Et Tenders Remote Operated Vehicle Tender $60.29 5A 4C Kitsap Dredge Workers Assistant Engineer $56.44 5D 3F Kitsap Dredge Workers Assistant Mate (Deckhand) $56.00 5D 3F I about:blank 1/17 I3/11/2019 about:blank Kitsap Dredge Workers Boatmen $56.44 5D 3F Kitsap Dredge Workers Engineer Welder $57.51 5D 3F IKitsap Dredge Workers Leverman, Hydraulic $58.67 5D 3F Kitsap Dredge Workers Mates $56.44 5D 3F I Kitsap Dredge Workers Oiler $56.00 5D 3F Kitsap Drywall Applicator Journey Level $58.48 5D 1H Kitsap Drywall Tapers Journey Level $59.32 5P 1 E I Kitsap Electrical Fixture Maintenance Journey Level $30.59 5L 1 E Workers Kitsap Electricians - Inside Cable Splicer $81.32 7C 4E Kitsap Electricians - Inside Cable Splicer (tunnel) $87.37 7C 4E Kitsap Electricians - Inside Certified Welder $78.55 7C 4E I Kitsap Electricians - Inside Certified Welder (tunnel) $84.34 7C 4E Kitsap Electricians - Inside Construction Stock Person $41.49 7C 4E Kitsap Electricians - Inside Journey Level $75.80 7C 4E 1 Kitsap Electricians - Inside Journey Level (tunnel) $81.32 7C 4E Kitsap Electricians - Motor Shop Craftsman $15.37 1 I Kitsap Electricians - Motor Shop Journey Level $14.69 1 Kitsap Electricians - Powerline Cable Splicer $79.60 5A 4D Construction I Kitsap Electricians - Powerline Certified Line Welder $72.98 5A 4D Construction Kitsap Electricians - Powerline Groundperson $47.94 5A 4D Construction I Kitsap Electricians - Powerline Heavy Line Equipment Operator $72.98 5A 41D Construction I Kitsap Electricians - Powerline Journey Level Lineperson $72.98 5A 4D Construction Kitsap Electricians - Powerline Line Equipment Operator $62.06 5A 4D IConstruction Kitsap Electricians - Powerline Meter Installer $47.94 5A 4D 8W Construction 111 Kitsap Electricians - Powerline Pole Sprayer $72.98 5A 4D Construction Kitsap Electricians - Powerline Powderperson $54.55 5A 4D 1 Construction Kitsap Electronic Technicians Journey Level $50.57 7E 1 E I Kitsap Elevator Constructors Mechanic $94.22 7D 4A Kitsap Elevator Constructors Mechanic In Charge $101.73 7D 4A Kitsap Fabricated Precast Concrete Journey Level $13.50 1 ProductsI - Kitsap Fabricated Precast Concrete Journey Level - In-Factory Work $13.50 1 Products Only IKitsap Fence Erectors Fence Erector $41.45 7A 31 Kitsap Fence Erectors Fence Laborer $41.45 7A 31 Kitsap Flaggers Journey Level $41.45 7A 31 I Kitsap Glaziers Journey Level $64.56 7L 1Y Kitsap Heat Et Frost Insulators And Journeyman $73.58 5J 41-1 IAsbestos Workers about:blank 2/17 3/11/2019 about:blank Kitsap Heating Equipment Mechanics Journey Level $82.51 7F 1 E Kitsap Hod Carriers a Mason Tenders Journey Level $50.42 7A 31 Kitsap Industrial Power Vacuum Cleaner Journey Level $29.89 1 1 Kitsap Inland Boatmen Boat Operator $61.41 5B 1K Kitsap Inland Boatmen Cook $56.48 5B 1K Kitsap Inland Boatmen Deckhand $57.48 5B 1K Kitsap Inland Boatmen Deckhand Engineer $58.81 5B 1K Kitsap Inland Boatmen Launch Operator $58.89 5B 1K 1 Kitsap Inland Boatmen Mate $57.31 5B 1K Kitsap Inspection/Cleaning/Sealing Of Cleaner Operator, Foamer $12.00 1 Sewer Et Water Systems By Operator Remote Control Kitsap Inspection/Cleaning/Sealing Of Grout Truck Operator $12.00 1 Sewer Et Water Systems By I Remote Control Kitsap Inspection/Cleaning/Sealing Of Head Operator $12.78 1 Sewer Et Water Systems By. I 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 $60.04 5D 4C Kitsap Ironworkers Journeyman $69.28 7N 10 I Kitsap Laborers Air, Gas Or Electric Vibrating $48.90 7A 31 Screed Kitsap Laborers Airtrac Drill Operator $50.42 7A 31 Kitsap Laborers Ballast Regular Machine $48.90 7A 31 Kitsap Laborers Batch Weighman $41.45 7A 31 I Kitsap Laborers Brick Pavers $48.90 7A 31 Kitsap Laborers Brush Cutter $48.90 7A 31 Kitsap Laborers Brush Hog Feeder $48.90 7A 31 Kitsap Laborers Burner $48.90 7A 31 Kitsap Laborers Caisson Worker $50.42 7A 31 Kitsap Laborers Carpenter Tender $48.90 7A 31 Kitsap Laborers Caulker $48.90 7A 31 Kitsap Laborers Cement Dumper-paving $49.81 7A 31 Kitsap Laborers Cement Finisher Tender $48.90 7A 31 Kitsap Laborers Change House Or Dry Shack $48.90 7A 31 Kitsap Laborers Chipping Gun (under 30 Lbs.) $48.90 7A 31 Kitsap Laborers Chipping Gun(30 Lbs. And Over) $49.81 7A 31 Kitsap Laborers Choker Setter $48.90 7A 31 I Kitsap Laborers Chuck Tender $48.90 7A 31 Kitsap Laborers Clary Power Spreader $49.81 7A 31 Kitsap Laborers Clean-up Laborer $48.90 7A 31 Kitsap Laborers Concrete Dumper/chute Operator $49.81 7A 31 Kitsap Laborers Concrete Form Stripper $48.90 7A 31 I Kitsap Laborers Concrete Placement Crew $49.81 7A 31 Kitsap Laborers Concrete Saw Operator/core $49.81 7A 31 Driller 3/17 about:blank 3/11/2019 about:blank IKitsap Laborers Crusher Feeder $41.45 7A 31 Kitsap Laborers Curing Laborer $48.90 7A 31 I Kitsap Laborers Demolition: Wrecking Et Moving $48.90 7A 31 (incl. Charred Material) Kitsap Laborers Ditch Digger $48.90 7A 31 111 Kitsap Laborers Diver $50.42 7A 31 Kitsap Laborers Drill Operator $49.81 7A 31 (hydraulic,diamond) IKitsap Laborers Dry Stack Walls $48.90 7A 31 Kitsap Laborers Dump Person $48.90 7A 31 Kitsap Laborers Epoxy Technician $48.90 7A 31 I Kitsap Laborers Erosion Control Worker $48.90 7A 31 Kitsap Laborers Faller Et Bucker Chain Saw $49.81 7A 31 IIKitsap Laborers Fine Graders $48.90 7A 31 Kitsap Laborers Firewatch $41.45 7A 31 Kitsap Laborers Form Setter $48.90 7A 31 IIKitsap Laborers Gabian Basket Builders $48.90 7A 31 Kitsap Laborers General Laborer $48.90 7A 31 1 Kitsap Laborers Grade Checker Et Transit Person $50.42 7A 31 Kitsap Laborers Grinders $48.90 7A 31 Kitsap Laborers Grout Machine Tender $48.90 7A 31 IKitsap Laborers Groutmen (pressure)including $49.81 7A 31 Post Tension Beams Kitsap Laborers Guardrail Erector $48.90 7A 31 Kitsap Laborers Hazardous Waste Worker (levet A) $50.42 7A 31 Kitsap Laborers Hazardous Waste Worker (level B) $49.81 7A 31 I Kitsap Laborers Hazardous Waste Worker (level C) $48.90 7A 31 Kitsap Laborers High Scaler $50.42 7A 31 Kitsap Laborers Jackhammer $49.81 7A 31 IKitsap Laborers Laserbeam Operator $49.81 7A 31 Kitsap Laborers Maintenance Person $48.90 7A 31 Kitsap Laborers Manhole Builder-mudman $49.81 7A 31 Kitsap Laborers Material Yard Person $48.90 7A 31 Kitsap Laborers Motorman-dinky Locomotive $49.81 7A 31 IKitsap Laborers Nozzleman (concrete Pump, $49.81 7A 31 Green Cutter When Using Combination Of High Pressure Air I & Water On Concrete &t Rock, Sandblast, Gunite, Shotcrete, Water Bla Kitsap Laborers Pavement Breaker $49.81 7A 31 II Kitsap Laborers Pilot Car $41.45 7A 31 Kitsap Laborers Pipe Layer Lead $50.42 7A 31 IKitsap Laborers Pipe Layer/tailor $49.81 7A 31 Kitsap Laborers Pipe Pot Tender $49.81 7A 31 IKitsap Laborers Pipe Reliner $49.81 7A 31 Kitsap Laborers Pipe Wrapper $49.81 7A 31 Kitsap Laborers Pot Tender $48.90 7A 31 about:blank 4/17 3/11/2019 about:blank Kitsap Laborers Powderman $50.42 7A 31 I Kitsap Laborers Powderman's Helper $48.90 7A 31 A 31 KitsapLaborers Power Jacks $49.81 7 I Kitsap Laborers Railroad Spike Puller - Power $49.81 7A 31 Kitsap Laborers Raker - Asphalt $50.42 7A 31 Kitsap Laborers Re-timberman $50.42 7A 31 I Kitsap Laborers Remote Equipment Operator $49.81 7A 31 Kitsap Laborers Rigger/signal Person $49.81 7A 31 Kitsap Laborers Rip Rap Person $48.90 7A 31 Kitsap Laborers Rivet Buster $49.81 7A 31 Kitsap Laborers Rodder $49.81 7A 31 I Kitsap Laborers Scaffold Erector $48.90 7A 31 Kitsap Laborers Scale Person $48.90 7A 31 Kitsap Laborers Sloper (over 20") $49.81 7A 31 Kitsap Laborers Sloper Sprayer $48.90 7A 31 Kitsap Laborers Spreader (concrete) $49.81 7A 31 Kitsap Laborers Stake Hopper $48.90 7A 31 Kitsap Laborers Stock Pifer S48.9U /A ja Kitsap Laborers Tamper at Similar Electric, Air a $49.81 7A 31 Gas Operated Tools Kitsap Laborers Tamper (multiple a Self- $49.81 7A 31 propelled) Kitsap Laborers Timber Person - Sewer (lagger, $49.81 7A 31 Shorer &t Cribber) Kitsap Laborers Toolroom Person (at Jobsite) $48.90 7A 31 Kitsap Laborers Topper $48.90 7A 31 Kitsap Laborers Track Laborer $48.90 7A 31 Kitsap Laborers Track Liner (power) $49.81 7A 31 Kitsap Laborers Traffic Control Laborer $44.33 7A 31 8R Kitsap Laborers Traffic Control Supervisor $44.33 7A 31 8R I Kitsap Laborers Truck Spotter $48.90 7A 31 Kitsap Laborers Tugger Operator $49.81 7A 31 Kitsap Laborers Tunnel Work-Compressed Air $107.60 7A 31 8Q Worker 0-30 psi Kitsap Laborers Tunnel Work-Compressed Air $112.63 7A 31 8Q Worker 30.01-44.00 psi Kitsap Laborers Tunnel Work-Compressed Air $116.31 7A 31 8Q Worker 44.01-54.00 psi I Kitsap Laborers Tunnel Work-Compressed Air $122.01 7A 31 8Q Worker 54.01-60.00 psi Kitsap Laborers Tunnel Work-Compressed Air $124.13 7A 31 8Q I Worker 60.01-64.00 psi Kitsap Laborers Tunnel Work-Compressed Air $129.23 7A 31 8Q Worker 64.01-68.00 psi Kitsap Laborers Tunnel Work-Compressed Air $131.13 7A 31 8Q Worker 68.01-70.00 psi Kitsap Laborers Tunnel Work-Compressed Air $133.13 7A 31 8Q Worker 70.01-72.00 psi Kitsap Laborers Tunnel Work-Compressed Air $135.13 7A 31 8Q about:blank 5/17 3/11/2019 about:blank 1 Worker 72.01-74.00 psi Kitsap Laborers Tunnel Work-Guage and Lock $50.52 7A 31 8Q Tender Kitsap Laborers Tunnel Work-Miner $50.52 7A 31 8Q Kitsap Laborers Vibrator $49.81 7A 31 I Kitsap Laborers Vinyl Seamer $48.90 7A 31 Kitsap Laborers Watchman $37.67 7A 31 Kitsap Laborers Welder $49.81 7A 31 Kitsap Laborers Well Point Laborer $49.81 7A 31 Kitsap Laborers Window Washer/cleaner $37.67 7A 31 j Kitsap Laborers - Underground Sewer Et General Laborer a Topman $48.90 7A 31 Water Kitsap Laborers - Underground Sewer Ft Pipe Layer $49.81 7A 31 Water Kitsap Landscape Construction Landscape Laborer $37.67 7A 31 Kitsap Landscape Construction Landscape Operator $62.77 7A 3K 8X IKitsap Landscape Maintenance Groundskeeper $12.92 1 Kitsap Lathers Journey Level $58.48 5D 1H i Kitsap Marble Setters Journey Level $57.32 5A 1M Kitsap Metal Fabrication (In Shop) Fitter $26.96 1 Kitsap Metal Fabrication (In Shop) Laborer $12.00 1 Kitsap Metal Fabrication (In Shop). Machine Operator $13.83 1 Kitsap Metal Fabrication (In Shop). Welder $13.83 1 Kitsap Millwright Journey Level $61.54 5D 4C Kitsap Modular Buildings Cabinet Assembly $12.00 1 Kitsap Modular Buildings Electrician $12.00 1 I Kitsap Modular Buildings Equipment Maintenance $12.00 1 Kitsap Modular Buildings Plumber $12.00 1 Kitsap Modular Buildings Production Worker $12.00 1 Kitsap Modular Buildings Tool Maintenance $12.00 1_ Kitsap Modular Buildings Utility Person $12.00 1 Kitsap Modular Buildings Welder $12.00 1 Kitsap Painters Journey Level $42.50 6Z 2B Kitsap Pile Driver Crew Tender/Technician $64.71 5D 4C i Kitsap Pile Driver Hyperbaric Worker - Compressed $74.87 5D 4C Air Worker 0-30.00 PSI Kitsap Pile Driver Hyperbaric Worker - Compressed $79.87 5D 4C Air Worker 30.01 - 44.00 PSI Kitsap Pile Driver Hyperbaric Worker - Compressed $83.87 5D 4C Air Worker 44.01 - 54.00 PSI IIKitsap Pile Driver Hyperbaric Worker - Compressed $88.87 5D 4C Air Worker 54.01 - 60.00 PSI I Kitsap Pile Driver Hyperbaric Worker - Compressed $91.37 5D 4C Air Worker 60.01 - 64.00 PSI Kitsap Pile Driver Hyperbaric Worker - Compressed $96.37 5D 4C Air Worker 64.01 - 68.00 PSI Kitsap Pile Driver Hyperbaric Worker - Compressed $98.37 5D 4C Air Worker 68.01 - 70.00 PSI IKitsap Pile Driver Hyperbaric Worker - Compressed $100.37 5D 4C about:blank 6/17 3/11/2019 about:blank Air Worker 70.01 - 72.00 PSI Kitsap Pile Driver Hyperbaric Worker - Compressed $102.37 5D 4C Air Worker 72.01 - 74.00 PSI Kitsap Pile Driver Journey Level $60.29 5D 4C Kitsap Pile Driver Manifold Operator (LST) $69.71 5D 4C Kitsap Plasterers Journey Level $56.54 7Q 1R I Kitsap Playground Et Park Equipment Journey Level $12.00 1 Installers Kitsap Plumbers Et Pipefitters Journey Level $71.42 5A 1G I Kitsap Power Equipment Operators Asphalt Plant Operators $63.83 7A 3K 8X Kitsap Power Equipment Operators Assistant Engineer $60.04 7A 3K 8X Kitsap Power Equipment Operators Barrier Machine (zipper) $63.27 7A 3K 8X Kitsap Power Equipment Operators Batch Plant Operator: concrete $63.27 7A 3K 8X Kitsap Power Equipment Operators Bobcat $60.04 7A 3K 8X I Kitsap Power Equipment Operators Brokk - Remote Demolition $60.04 7A 3K 8X Equipment Kitsap Power Equipment Operators Brooms $60.04 7A 3K 8X I Kitsap Power Equipment Operators Bump Cutter $63.27 7A 3K 8X Kitsap Power Equipment Operators Cableways $63.83 7A 3K 8X Kitsap Power Equipment Operators Chipper $63.27 7A 3K 8X Kitsap Power Equipment Operators Compressor $60.04 7A 3K 8X Kitsap Power Equipment Operators Concrete Finish Machine - Laser $60.04 7A 3K 8X Screed Kitsap Power Equipment Operators Concrete Pump - Mounted Or $62.77 7A 3K 8X Trailer High Pressure Line Pump, Pump High Pressure Kitsap Power Equipment Operators Concrete Pump: Truck Mount $63.83 7A 3K 8X With Boom Attachment Over 42 M Kitsap Power Equipment Operators Concrete Pump: Truck Mount $63.27 7A 3K 8X With Boom Attachment Up To 42m Kitsap Power Equipment Operators Conveyors $62.77 7A 3K 8X Kitsap Power Equipment Operators Cranes friction: 200 tons and over $65.77 7A 3K 8X Kitsap Power Equipment Operators Cranes: 100 tons through 199 $64.47 7A 3K 8X 1 tons, or 150' of boom (including jib with attachments) Kitsap Power Equipment Operators Cranes: 20 Tons Through 44 Tons $63.27 7A 3K 8X With Attachments Kitsap Power Equipment Operators Cranes: 200 tons- 299 tons, or $65.13 7A 3K 8X 250' of boom including jib with attachments Kitsap Power Equipment Operators Cranes: 300 tons and over or 300' $65.77 7A 3K 8X of boom including jib with attachments Kitsap Power Equipment Operators Cranes: 45 Tons Through 99 Tons, $63.83 7A 3K 8X Under 150' Of Boom (including Jib With Attachments) Kitsap Power Equipment Operators Cranes: A-frame - 10 Tons And $60.04 7A 3K 8X Under Kitsap Power Equipment Operators Cranes: Friction cranes through $65.13 7A 3K 8X 199 tons about:blank 7/17 I I 3/11/2019 about:blank Kitsap Power Equipment Operators Cranes: through 19 tons with $62.77 7A 3K 8X attachments, A-frame over 10 tons Kitsap Power Equipment Operators Crusher $63.27 7A 3K 8X Kitsap Power Equipment Operators Deck Engineer/Deck Winches $63.27 7A 3K 8X I (power) Kitsap Power Equipment Operators Derricks, On Building Work $63.83 7A 3K 8X Kitsap Power Equipment Operators Dozers D-9 Et Under $62.77 7A 3K 8X I Kitsap Power Equipment Operators Drill Oilers: Auger Type, Truck Or $62.77 7A 3K 8X Crane Mount Kitsap Power Equipment Operators Drilling Machine $64.47 7A 3K 8X IKitsap Power Equipment Operators Elevator And Man-lift: Permanent $60.04 7A 3K 8X And Shaft Type I Kitsap Power Equipment Operators Finishing Machine, Bidwell And $63.27 7A 3K 8X Gamaco Et Similar Equipment Kitsap Power Equipment Operators Forklift: 3000 Lbs And Over With $62.77 7A 3K 8X Attachments IKitsap Power Equipment Operators Forklifts: Under 3000 Lbs. With $60.04 7A 3K 8X Attachments I Kitsap Power Equipment Operators Grade Engineer: Using Blue $63.27 7A 3K 8X Prints, Cut Sheets, Etc Kitsap Power Equipment Operators Gradechecker/Stakeman $60.04 7A 3K 8X IKitsap Power Equipment Operators Guardrail Punch $63.27 7A 3K 8X Kitsap Power Equipment Operators Hard Tail End Dump Articulating $63.83 7A 3K 8X Off- Road Equipment 45 Yards. Et I Over Kitsap Power Equipment Operators Hard Tail End Dump Articulating $63.27 7A 3K 8X Off-road Equipment Under 45 Yards I Kitsap Power Equipment Operators Horizontal/Directional Drill $62.77 7A 3K 8X Locator I Kitsap Power Equipment Operators Horizontal/Directional Drill $63.27 7A 3K 8X Operator Kitsap Power Equipment Operators Hydralifts/Boom Trucks Over 10 $62.77 7A 3K 8X +I Tons Kitsap Power Equipment Operators Hydralifts/Boom Trucks, 10 Tons $60.04 7A 3K 8X And Under I Kitsap Power Equipment Operators Loader, Overhead 8 Yards. Et $64.47 7A 3K 8X Over Kitsap Power Equipment Operators Loader, Overhead, 6 Yards. But $63.83 7A 3K 8X INot Including 8 Yards Kitsap Power Equipment Operators Loaders, Overhead Under 6 Yards $63.27 7A 3K 8X I Kitsap Power Equipment Operators Loaders, Plant Feed $63.27 7A 3K 8X Kitsap Power Equipment Operators Loaders: Elevating Type Belt $62.77 7A 3K 8X Kitsap Power Equipment Operators Locomotives, All $63.27 7A 3K 8X I Kitsap Power Equipment Operators Material Transfer Device $63.27 7A 3K 8X Kitsap Power Equipment Operators Mechanics, All (leadmen - $0.50 $64.47 7A 3K 8X Per Hour Over Mechanic) IKitsap Power Equipment Operators Motor Patrol Graders $63.83 7A 3K 8X Kitsap Power Equipment Operators Mucking Machine, Mole, Tunnel $63.83 7A 3K 8X Drill, Boring, Road Header And/or IShield about:blank 8/17 3/11/2019 about:blank Kitsap Power Equipment Operators Oil Distributors, Blower $60.04 7A 3K 8X Distribution a Mulch Seeding Operator Kitsap Power Equipment Operators Outside Hoists (Elevators And $62.77 7A 3K 8X Manlifts), Air Tuggers, Strato Kitsap Power Equipment Operators Overhead, Bridge Type Crane: 20 $63.27 7A 3K 8X i Tons Through 44 Tons Kitsap Power Equipment Operators Overhead, Bridge Type: 100 Tons $64.47 7A 3K 8X And Over Kitsap Power Equipment Operators Overhead, Bridge Type: 45 Tons $63.83 7A 3K 8X Through 99 Tons Kitsap Power Equipment Operators Pavement Breaker $60.04 7A 3K 8X I Kitsap Power Equipment Operators Pile Driver (other Than Crane $63.27 7A 3K 8X Mount) Kitsap Power Equipment Operators Plant Oiler - Asphalt, Crusher $62.77 7A 3K 8X I Kitsap Power Equipment Operators Posthole Digger, Mechanical $60.04 7A 3K 8X Kitsap Power Equipment Operators Power Plant $60.04 7A 3K 8X Kitsap Power Equipment Operators Pumps - Water $60.04 7A 3K 8X I 1Ni-enr+ Dnu/ar Pr iinrnant (lr rntnrc ni.1 Q I-Irl Al rvin And Ch,cr CF.Z R2 7A 2l! AY ...__.r _.. -__._ ., .._ _ . ..._ _ ._. r_____ .. _.- Kitsap Power Equipment Operators Quick Tower - No Cab, Under 100 $60.04 7A 3K 8X Feet In Height Based To Boom Kitsap Power Equipment Operators Remote Control Operator On $63.83 7A 3K 8X Rubber Tired Earth Moving I Equipment Kitsap Power Equipment Operators Rigger and Bellman $60.04 7A 3K 8X Kitsap Power Equipment Operators Rigger/Signal Person, Bellman $62.77 7A 3K 8X I (Certified) Kitsap Power Equipment Operators Rollagon $63.83 7A 3K 8X Kitsap Power Equipment Operators Roller, Other Than Plant Mix $60.04 7A 3K 8X I Kitsap Power Equipment Operators Roller, Plant Mix Or Multi-lift $62.77 7A 3K 8X Materials Kitsap Power Equipment Operators Roto-mill, Roto-grinder $63.27 7A 3K 8X Kitsap Power Equipment Operators Saws - Concrete $62.77 7A 3K 8X Kitsap Power Equipment Operators Scraper, Self Propelled Under 45 $63.27 7A 3K 8X I Yards Kitsap Power Equipment Operators Scrapers - Concrete a Carry All $62.77 7A 3K 8X Kitsap Power Equipment Operators Scrapers, Self-propelled: 45 Yards $63.83 7A 3K 8X And Over Kitsap Power Equipment Operators Service Engineers - Equipment $62.77 7A 3K 8X Kitsap Power Equipment Operators Shotcrete/Gunite Equipment $60.04 7A 3K 8X Kitsap Power Equipment Operators Shovel , Excavator, Backhoe, $62.77 7A 3K 8X Tractors Under 15 Metric Tons Kitsap Power Equipment Operators Shovel, Excavator, Backhoe: Over $63.83 7A 3K 8X 30 Metric Tons To 50 Metric Tons Kitsap Power Equipment Operators Shovel, Excavator, Backhoes, $63.27 7A 3K 8X Tractors: 15 To 30 Metric Tons Kitsap Power Equipment Operators Shovel, Excavator, Backhoes: $64.47 7A 3K 8X Over 50 Metric Tons To 90 Metric j Tons i Kitsap Power Equipment Operators Shovel, Excavator, Backhoes: $65.13 7A 3K 8X Over 90 Metric Tons I about:blank 9/17 1 1 3/11/2019 about:blank Kitsap Power Equipment Operators Slipform Pavers $63.83 7A 3K 8X Kitsap Power Equipment Operators Spreader, Topsider Et Screedman $63.83 7A 3K 8X 1 I Kitsap Power Equipment Operators Subgrader Trimmer $63.27 7A 3K 8X Kitsap Power Equipment Operators Tower Bucket Elevators $62.77 7A 3K 8X Kitsap Power Equipment Operators Tower Crane Up To 175' In Height $64.47 7A 3K 8X IBase To Boom Kitsap Power Equipment Operators Tower Crane: over 175' through $65.13 7A 3K 8X 250' in height, base to boom IKitsap Power Equipment Operators Tower Cranes: over 250' in height $65.77 7A 3K 8X from base to boom I Kitsap Power Equipment Operators Transporters, All Track Or Truck $63.83 7A 3K 8X Type Kitsap Power Equipment Operators Trenching Machines $62.77 7A 3K 8X I Kitsap Power Equipment Operators Truck Crane Oiler/driver - 100 $63.27 7A 3K 8X Tons And Over Kitsap Power Equipment Operators Truck Crane Oiler/Driver Under $62.77 7A 3K 8X 100 Tons I Kitsap Power Equipment Operators Truck Mount Portable Conveyor $63.27 7A 3K 8X Kitsap Power Equipment Operators Welder $63.83 7A 3K 8X IKitsap Power Equipment Operators Wheel Tractors, Farmall Type $60.04 7A 3K 8X Kitsap Power Equipment Operators Yo Yo Pay Dozer $63.27 7A 3K 8X ., AspKitsap Power Equipment Operators- halt Plant Operators $63.83 7A 3K 8X Underground Sewer Et Water Kitsap Power Equipment Operators- Assistant Engineer $60.04 7A 3K 8X Underground Sewer Et Water IIKitsap Power Equipment Operators Barrier Machine (zipper) $63.27 7A 3K 8X Underground Sewer Et Water Kitsap Power Equipment Operators- Batch Plant Operator, Concrete $63.27 7A 3K 8X II Underground Sewer Et Water Kitsap Power Equipment Operators- Bobcat $60.04 7A 3K 8X Underground Sewer Et Water I Kitsap Power Equipment Operators- Brokk - Remote Demolition $60.04 7A 3K 8X Underground Sewer Et Water Equipment I Kitsap Power Equipment Operators- Brooms $60.04 7A 3K 8X Underground Sewer Et Water Kitsap Power Equipment Operators- Bump Cutter $63.27 7A 3K 8X Underground Sewer Et Water Kitsap Power Equipment Operators- Cableways $63.83 7A 3K 8X Underground Sewer Et Water I Kitsap Power Equipment Operators- Chipper $63.27 7A 3K 8X Underground Sewer Et Water Kitsap Power Equipment Operators- Compressor $60.04 7A 3K 8X IUnderground Sewer Et Water Kitsap Power Equipment Operators- Concrete Finish Machine - Laser $60.04 7A 3K 8X Underground Sewer Et Water Screed I Kitsap Power Equipment Operators- Concrete Pump - Mounted Or $62.77 7A 3K 8X Underground Sewer Et Water Trailer High Pressure Line Pump, Pump High Pressure I Kitsap Power Equipment Operators- Concrete Pump: Truck Mount $63.83 7A 3K 8X Underground Sewer Et Water With Boom Attachment Over 42 M Kitsap Power Equipment Operators- Concrete Pump: Truck Mount $63.27 7A 3K 8X IUnderground Sewer a Water With Boom Attachment Up To about:blank 10/17 3/11/2019 about:blank 42m Kitsap Power Equipment Operators- Conveyors $62.77 7A 3K 8X Underground Sewer ft Water Kitsap Power Equipment Operators- Cranes friction: 200 tons and over $65.77 7A 3K 8X Underground Sewer ft Water Kitsap Power Equipment Operators- Cranes: 100 tons through 199 $64.47 7A 3K 8X Underground Sewer ft Water tons, or 150' of boom (including jib with attachments) Kitsap Power Equipment Operators- Cranes: 20 Tons Through 44 Tons $63.27 7A 3K 8X Underground Sewer ft Water With Attachments Kitsap Power Equipment Operators- Cranes: 200 tons- 299 tons, or $65.13 7A 3K 8X Underground Sewer ft Water 250' of boom including jib with attachments Kitsap Power Equipment Operators- Cranes: 300 tons and over or 300' $65.77 7A 3K 8X Underground Sewer ft Water of boom including jib with 111 attachments Kitsap Power Equipment Operators- Cranes: 45 Tons Through 99 Tons, $63.83 7A 3K 8X Underground Sewer ft Water Under 150' Of Boom (including Jib With Attachments) Vitcan Dnvaar Fnilinmant rincratnrc- rranac• A-frames - 1n Tnnc Anti An ad 7A lKRX Underground Sewer ft Water Under Kitsap Power Equipment Operators- Cranes: Friction cranes through $65.13 7A 3K 8X Underground Sewer ft Water 199 tons Kitsap Power Equipment Operators- Cranes: through 19 tons with $62.77 7A 3K 8X Underground Sewer ft Water attachments, A-frame over 10 tons Kitsap Power Equipment Operators- Crusher $63.27 7A 3K 8X Underground Sewer ft Water Kitsap Power Equipment Operators- Deck Engineer/Deck Winches $63.27 7A 3K 8X Underground Sewer ft Water (power) Kitsap Power Equipment Operators- Derricks, On Building Work $63.83 7A 3K 8X Underground Sewer ft Water Kitsap Power Equipment Operators- Dozers D-9 ft Under $62.77 7A 3K 8X Underground Sewer ft Water Kitsap Power Equipment Operators- Drill Oilers: Auger Type, Truck Or $62.77 7A 3K 8X Underground Sewer ft Water Crane Mount I Kitsap Power Equipment Operators- Drilling Machine $64.47 7A 3K 8X Underground Sewer ft Water Kitsap Power Equipment Operators- Elevator And Man-lift: Permanent $60.04 7A 3K 8X Underground Sewer ft Water And Shaft Type Kitsap Power Equipment Operators- Finishing Machine, Bidwell And $63.27 7A 3K 8X Underground Sewer &Water Gamaco ft Similar Equipment Kitsap Power Equipment Operators- Forklift: 3000 Lbs And Over With $62.77 7A 3K 8X Underground Sewer ft Water Attachments Kitsap Power Equipment Operators- Forklifts: Under 3000 Lbs. With $60.04 7A 3K 8X Underground Sewer ft Water Attachments Kitsap Power Equipment Operators- Grade Engineer: Using Blue $63.27 7A 3K 8X Underground Sewer ft Water Prints, Cut Sheets, Etc Kitsap Power Equipment Operators- Gradechecker/Stakeman $60.04 7A 3K 8X Underground Sewer ft Water Kitsap Power Equipment Operators- Guardrail Punch $63.27 7A 3K 8X I Underground Sewer ft Water Kitsap Power Equipment Operators- Hard Tail End Dump Articulating $63.83 7A 3K 8X about:blank 11/17 3/11/2019 about:blank Underground Sewer a Water Off- Road Equipment 45 Yards. a Over Kitsap Power Equipment Operators Hard Tail End Dump Articulating $63.27 7A 3K 8X Underground Sewer &Water Off-road Equipment Under 45 Yards Kitsap Power Equipment Operators - gHorizontal/Directional Drill $62.77 7A 3K 8X Under round Sewer & Water Locator Kitsap Power Equipment Operators- Horizontal/Directional Drill $63.27 7A 3K 8X I Underground Sewer a Water Operator Kitsap Power Equipment Operators- Hydralifts/Boom Trucks Over 10 $62.77 7A 3K 8X Underground Sewer a Water Tons I Kitsap Power Equipment Operators- Underground Trucks, 10 Tons $60.04 7A 3K 8X Underground Sewer & Water And Under Kitsap Power Equipment Operators- Loader, Overhead 8 Yards. a $64.47 7A 3K 8X 1 Underground Sewer a Water Over Kitsap Power Equipment Operators- Loader, Overhead, 6 Yards. But $63.83 7A 3K 8X Underground Sewer a Water Not Including 8 Yards Kitsap Power Equipment Operators- Loaders, Overhead Under 6 Yards $63.27 7A 3K 8X Underground Sewer a Water Kitsap Power Equipment Operators- Loaders, Plant Feed $63.27 7A 3K 8X IUnderground Sewer a Water Kitsap Power Equipment Operators- Loaders: Elevating Type Belt $62.77 7A 3K 8X Underground Sewer a Water I Kitsap Power Equipment Operators Locomotives, All $63.27 7A 3K 8X Underground Sewer a Water Kitsap Power Equipment Operators- Material Transfer Device $63.27 7A 3K 8X IUnderground Sewer a Water Kitsap Power Equipment Operators- Mechanics, All (leadmen - $0.50 $64.47 7A 3K 8X Underground Sewer a Water Per Hour Over Mechanic) IKitsap Power Equipment Operators- Motor Patrol Graders $63.83 7A 3K 8X Underground Sewer a Water Kitsap Power Equipment Operators- Mucking Machine, Mote, Tunnel $63.83 7A 3K 8X Underground Sewer a Water Drill, Boring, Road Header And/or Shield Kitsap Power Equipment Operators- Oil Distributors, Blower $60.04 7A 3K 8X Underground Sewer a Water Distribution a Mulch Seeding Operator Kitsap Power Equipment Operators- Outside Hoists (Elevators And $62.77 7A 3K 8X Underground Sewer a Water Manlifts), Air Tuggers, Strato Kitsap Power Equipment Operators- Overhead, Bridge Type Crane: 20 $63.27 7A 3K 8X Underground Sewer a Water Tons Through 44 Tons IKitsap Power Equipment Operators- Overhead, Bridge Type: 100 Tons $64.47 7A 3K 8X Underground Sewer a Water And Over / OverKitsap Power Equipment Operators- head, Bridge Type: 45 Tons $63.83 7A 3K 8X Underground Sewer & Water Through 99 Tons Kitsap Power Equipment Operators- Pavement Breaker $60.04 7A 3K 8X Underground Sewer a Water IKitsap Power Equipment Operators- Pile Driver (other Than Crane $63.27 7A 3K 8X Underground Sewer &Water Mount) 1 Kitsap Power Equipment Operators- Plant Oiler - Asphalt, Crusher $62.77 7A 3K 8X Underground Sewer & Water Kitsap Power Equipment Operators- Posthole Digger, Mechanical $60.04 7A 3K 8X IUnderground Sewer & Water about:blank 12/17 3/11/2019 about:blank Kitsap Power Equipment Operators- Power Plant $60.04 7A 3K 8X Underground Sewer Et Water Kitsap Power Equipment Operators- Pumps - Water $60.04 7A 3K 8X Underground Sewer Et Water Kitsap Power Equipment Operators- Quad 9, Hd 41, D10 And Over $63.83 7A 3K 8X Underground Sewer a Water Kitsap Power Equipment Operators- Quick Tower - No Cab, Under 100 $60.04 7A 3K 8X Underground Sewer Et Water Feet In Height Based To Boom Kitsap Power Equipment Operators- Remote Control Operator On $63.83 7A 3K 8X Underground Sewer a Water Rubber Tired Earth Moving Equipment Kitsap Power Equipment Operators- Rigger and Bellman $60.04 7A 3K 8X Underground Sewer a Water Kitsap Power Equipment Operators- Rigger/Signal Person, Bellman $62.77 7A 3K 8X Underground Sewer a Water (Certified) Kitsap Power Equipment Operators- Rollagon $63.83 7A 3K 8X Underground Sewer a Water Kitsap Power Equipment Operators- Roller, Other Than Plant Mix $60.04 7A 3K 8X Underground Sewer a Water ..lid �_f� f i » ,A flit OV Ki LSdI ruwer Equipe lice ii Cycr aiur�- r'1uiicf, r iai It MIA v!IVIU.0-ui L ,+ua..i i i r —PIN .,.. Underground Sewer a Water Materials Kitsap Power Equipment Operators- Roto-mill, Roto-grinder $63.27 7A 3K 8X Underground Sewer Et Water Kitsap Power Equipment Operators- Saws - Concrete $62.77 7A 3K 8X 1 Underground Sewer a Water Kitsap Power Equipment Operators- Scraper, Self Propelled Under 45 $63.27 7A 3K 8X Underground Sewer a Water Yards Kitsap Power Equipment Operators- Scrapers - Concrete a Carry All $62.77 7A 3K 8X Underground Sewer a Water Kitsap Power Equipment Operators- Scrapers, Self-propelled: 45 Yards $63.83 7A 3K 8X Underground Sewer a Water And Over Kitsap Power Equipment Operators- Service Engineers - Equipment $62.77 7A 3K 8X Underground Sewer a Water Kitsap Power Equipment Operators- Shotcrete/Gunite Equipment $60.04 7A 3K 8X Underground Sewer a Water Kitsap Power Equipment Operators- Shovel , Excavator, Backhoe, $62.77 7A 3K 8X Underground Sewer a Water Tractors Under 15 Metric Tons Kitsap Power Equipment Operators- Shovel, Excavator, Backhoe: Over $63.83 7A 3K 8X Underground Sewer Et Water 30 Metric Tons To 50 Metric Tons Kitsap Power Equipment Operators- Shovel, Excavator, Backhoes, $63.27 7A 3K 8X Underground Sewer a Water Tractors: 15 To 30 Metric Tons Kitsap Power Equipment Operators- Shovel, Excavator, Backhoes: $64.47 7A 3K 8X Underground Sewer a Water Over 50 Metric Tons To 90 Metric Tons Kitsap Power Equipment Operators- Shovel, Excavator, Backhoes: $65.13 7A 3K 8X Underground Sewer a Water Over 90 Metric Tons Kitsap Power Equipment Operators- Slipform Pavers $63.83 7A 3K 8X Underground Sewer Et Water Kitsap Power Equipment Operators- Spreader, Topsider a Screedman $63.83 7A 3K 8X Underground Sewer a Water Kitsap Power Equipment Operators- Subgrader Trimmer $63.27 7A 3K 8X Underground Sewer Et Water Kitsap Power Equipment Operators- Tower Bucket Elevators $62.77 7A 3K 8X I about:blank 13/17 i I 3/11/2019 about:blank Underground Sewer Et Water Kitsap Power Equipment Operators- Tower Crane Up To 175' In Height $64.47 7A 3K 8X Underground Sewer Et Water Base To Boom Kitsap Power Equipment Operators- Tower Crane: over 175' through $65.13 7A 3K 8X Underground Sewer & Water 250' in height, base to boom 1 Kitsap Power Equipment Operators- Tower Cranes: over 250' in height $65.77 7A 3K 8X Underground Sewer a Water from base to boom Kitsap Power Equipment Operators- Transporters, All Track Or Truck $63.83 7A 3K 8X IUnderground Sewer Et Water Type Kitsap Power Equipment Operators- Trenching Machines $62.77 7A 3K 8X Underground Sewer a Water I Kitsap Power Equipment Operators- Truck Crane Oiler/driver - 100 $63.27 7A 3K 8X Underground Sewer a Water Tons And Over Kitsap Power Equipment Operators- Truck Crane Oiler/Driver Under $62.77 7A 3K 8X Underground Sewer Et Water 100 Tons Kitsap Power Equipment Operators- Truck Mount Portable Conveyor $63.27 7A 3K 8X Underground Sewer & Water Kitsap Power Equipment Operators- Welder $63.83 7A 3K 8X Underground Sewer & Water 1 Kitsap Power Equipment Operators- Wheel Tractors, Farmall Type $60.04 7A 3K 8X Underground Sewer & Water Kitsap Power Equipment Operators- Yo Yo Pay Dozer $63.27 7A 3K 8X Underground Sewer & Water Kitsap Power Line Clearance Tree Journey Level In Charge $49.96 5A 4A Trimmers Kitsap Power Line Clearance Tree Spray Person $47.37 5A 4A Trimmers Kitsap Power Line Clearance Tree Tree Equipment Operator $49.96 5A 4A Trimmers II, I Kitsap Power Line Clearance Tree Tree Trimmer $44.57 5A 4A Trimmers Kitsap Power Line Clearance Tree Tree Trimmer Groundperson $33.60 5A 4A Trimmers Kitsap Refrigeration & Air Conditioning Journey Level $70.71 5A 1G Mechanics II Kitsap Residential Brick Mason Journey Level $57.32 5A 1M Kitsap Residential Carpenters Journey Level $45.05 5D 4C Kitsap Residential Cement Masons Journey Level $60.07 7A 4U Kitsap Residential Drywall Applicators Journey Level $45.05 5D 4C i Kitsap Residential Drywall Tapers Journey Level $45.19 5P 1 E III Kitsap Residential Electricians Journey Level $39.81 5Q 20 Kitsap Residential Glaziers Journey Level $43.00 7L 1H Kitsap Residential Insulation Applicators Journey Level $45.05 5D 4C Kitsap Residential Laborers Journey Level $36.68 7A 1H 1 Kitsap Residential Marble Setters Journey Level $57.32 5A 1M Kitsap Residential Painters Journey Level $42.50 6Z 2B Kitsap Residential Plumbers & Pipefitters Journey Level $44.34 5A 1G I Kitsap Residential Refrigeration & Air Journey Level $41.01 5A 1G Conditioning Mechanics Kitsap Residential Sheet Metal Workers Journey Level (Field or Shop) $50.01 7F 1R IKitsap Residential Soft Floor Layers Journey Level $49.43 5A 3J about:blank 14/17 3/11/2019 about:blank Kitsap Residential Sprinkler Fitters (Fire Journey Level $48.18 5C 2R Protection) Kitsap Residential Stone Masons Journey Level $57.32 5A 1M I Kitsap Residential Terrazzo Workers Journey Level $52.61 5A 1M Kitsap Residential Terrazzo/Tile Journey Level $43.44 5A 1B Finishers I Kitsap Residential Tile Setters Journey Level $52.61 5A 1M Kitsap Roofers Journey Level $51.52 5A 3H Kitsap Roofers Using Irritable Bituminous $54.52 5A 3H Materials Kitsap Sheet Metal Workers Journey Level (Field or Shop) $82.51 7F 1E Kitsap Shipbuilding Et Ship Repair New Construction Boilermaker $36.36 7V 1 Kitsap Shipbuilding Et Ship Repair New Construction Carpenter $36.36 7V 1 Kitsap Shipbuilding & Ship Repair New Construction Crane Operator $36.36 7V 1 1 Kitsap Shipbuilding & Ship Repair New Construction Electrician $36.36 7V 1 Kitsap Shipbuilding & Ship Repair New Construction Heat & Frost $73.58 5J 4H Insulator Kitsap Shipbuilding & Ship Repair New Construction Laborer $36.36 7V 1 Kitsap Shipbuilding & Ship Repair New Construction Machinist $36.36 7V 1 Kitsap Shipbuilding a Ship Repair New Construction Operating $36.36 7V 1 Engineer Kitsap Shipbuilding Et Ship Repair New Construction Painter $36.36 7V 1 1 Kitsap Shipbuilding Et Ship Repair New Construction Pipefitter $36.36 7V 1 Kitsap Shipbuilding & Ship Repair New Construction Rigger $36.36 7V 1 Kitsap Shipbuilding & Ship Repair New Construction Sheet Metal $36.36 7V 1 Kitsap Shipbuilding Et Ship Repair New Construction Shipfitter $36.36 7V 1 Kitsap Shipbuilding & Ship Repair New Construction $36.36 7V 1 Warehouse/Teamster Kitsap Shipbuilding Et Ship Repair New Construction Welder / $36.36 7V 1 Burner Kitsap Shipbuilding & Ship Repair Ship Repair Boilermaker $44.95 7X 4J Kitsap Shipbuilding Et Ship Repair Ship Repair Carpenter $44.95 7X 4J Kitsap Shipbuilding & Ship Repair Ship Repair Crane Operator $44.06 7Y 4KIII Kitsap Shipbuilding & Ship Repair Ship Repair Electrician $44.95 7X 4J Kitsap Shipbuilding & Ship Repair Ship Repair Heat a Frost Insulator $73.58 5J 4H Kitsap Shipbuilding Et Ship Repair Ship Repair Laborer $44.95 7X 4J Kitsap Shipbuilding & Ship Repair Ship Repair Machinist $44.95 7X 4J Kitsap Shipbuilding & Ship Repair Ship Repair Operating Engineer $44.06 7Y 4K Kitsap Shipbuilding a Ship Repair Ship Repair Painter $44.95 7X 4J Kitsap Shipbuilding a Ship Repair Ship Repair Pipefitter $44.95 7X 4J Kitsap Shipbuilding a Ship Repair Ship Repair Rigger $44.95 7X 4J Kitsap Shipbuilding & Ship Repair Ship Repair Sheet Metal $44.95 7X 4J Kitsap Shipbuilding a Ship Repair Ship Repair Shipwright $44.95 7X 4J I Kitsap Shipbuilding & Ship Repair Ship Repair Warehouse / $44.06 7Y 4K Teamster Kitsap Sign Makers Et Installers Journey Level $49.70 0 1 (Electrical) Kitsap Sign Makers a Installers (Non- Journey Level $31.52 0 1 Electrical) about:blank 15/17 1 3/11/2019 about:blank Kitsap Soft Floor Layers Journey Level $49.43 5A 3J Kitsap Solar Controls For Windows Journey Level $12.00 1 IKitsap Sprinkler Fitters (Fire Protection) Journey Level $78.39 5C 1X Kitsap Stage Rigging Mechanics (Non Journey Level $13.23 1 Structural) 1 Kitsap Stone Masons Journey Level $57.32 5A 1M Kitsap Street And Parking Lot Sweeper Journey Level $16.00 1 Workers IKitsap Surveyors Assistant Construction Site $62.71 7A 3K 8X Surveyor I Kitsap Surveyors Assistant Construction Site $62.71 7A 3K 8X Surveyor Kitsap Surveyors Chainman $58.93 7A 3C 8P I Kitsap Surveyors Construction Site Surveyor $63.76 7A 3K 8X Kitsap Telecommunication Technicians Journey Level $50.57 7E 1 E Kitsap Telephone Line Construction - Cable Splicer $41.22 5A 2B Outside I Kitsap Telephone Line Construction - Hole Digger/Ground Person $23.12 5A 2B Outside I Kitsap Telephone Line Construction - Installer (Repairer) $39.53 5A 2B Outside Kitsap Telephone Line Construction - Special Aparatus Installer I $41.22 5A 2B IOutside Kitsap Telephone Line Construction - Special Apparatus Installer II $40.41 5A 2B Outside IKitsap Telephone Line Construction - Telephone Equipment Operator $41.22 5A 2B Outside (Heavy) Kitsap Telephone Line Construction - Telephone Equipment Operator $38.36 5A 2B 11 Outside (Light) Kitsap Telephone Line Construction - Telephone Lineperson $38.36 5A 2B Outside IKitsap Telephone Line Construction - Television Groundperson $21.92 5A 2B Outside I Kitsap Telephone Line Construction - Television Lineperson/Installer $29.13 5A 2B Outside Kitsap Telephone Line Construction - Television System Technician $34.68 5A 2B Outside IKitsap Telephone Line Construction - Television Technician $31.18 5A 2B Outside I Kitsap Telephone Line Construction - Tree Trimmer $38.36 5A 2B Outside Kitsap Terrazzo Workers Journey Level $52.61 5A 1M IKitsap Tile Setters Journey Level $52.61 5A 1M Kitsap Tile, Marble & Terrazzo Finishers Finisher $43.44 5A 1B Kitsap Traffic Control Stripers Journey Level $46.23 7A 1K Kitsap Truck Drivers Asphalt Mix Over 16 Yards $54.30 5D 3A 8L Kitsap Truck Drivers Asphalt Mix To 16 Yards $53.46 5D 3A 8L I Kitsap Truck Drivers Dump Truck $53.46 5D 3A 8L Kitsap Truck Drivers Dump Truck & Trailer $54.30 5D 3A 8L Kitsap Truck Drivers Other Trucks $54.30 5D 3A 8L Iabout:blank 16/17 3/11/2019 about:blank Kitsap Truck Drivers - Ready Mix Journey Level $20.79 1 Kitsap Well Drillers ft Irrigation Pump Irrigation Pump Installer $13.17 1 Installers Kitsap Well Drillers a Irrigation Pump Oiler $14.08 1 Installers Kitsap Well Drillers Et Irrigation Pump Well Driller $14.40 1 Installers I 1 I I I I I I I I I l I 1 I I about:blank 17/17 I Benefit Code Key—Effective 3/3/2019 thru 8/30/2019 Overtime Codes II 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 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. IB. 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. I 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. 1 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 I 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 I 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. F. The first two(2) hours after eight(8)regular hours Monday through Friday and the first ten(10)hours on Saturday shall be paid at one and one-half times the hourly rate of wage.All other overtime hours worked,except Labor Day, shall be paid at double the hourly rate of wage.All hours worked on Labor Day shall be paid at three times the hourly rate of wage. 1 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 I (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 I 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. I I. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage. J. The first two(2) hours after eight(8)regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one 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. I 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 I 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. I 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. 1 Benefit Code Key— Effective 3/3/2019 thru 8/30/2019 Overtime Codes Continued t. 0. The first ten(10)hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage.All hours 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. 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 he naid at one and one-half times the hourly rate of waste All hours worked nn holidays and all other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. V. All hours worked on Sundays and holidays (except Thanksgiving Day and Christmas day) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at double the hourly rate of wage. W. All hours worked on Saturdays and Sundays (except make-up days due to conditions beyond the control of the employer))shall be paid at one and one-half times the hourly rate of wage.All hours worked on holidays shall be paid at double the hourly rate of wage. X. The first four(4)hours after eight(8)regular hours Monday through Friday and the first 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. I I 2 Benefit Code Key— Effective 3/3/2019 thru 8/30/2019 IOvertime Codes Continued 2. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE IPAID 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. I 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. I 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. 1 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 I 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. I 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. IA. 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 time and one-half the straight time rate. Hours worked over twelve hours (12) in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Monday and holidays shall be paid at double 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 I 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 Itime 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 I 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 Ithe applicable overtime rate until such time as the employee has had a break of eight(8)hours or more. 3 i I Benefit Code Key—Effective 3/3/2019 thru 8/30/2019 Overtime Codes Continued 1 3. E. All hours worked Sundays and holidays shall be paid at double the hourly rate of wage. Each week,once 40 hours of straight time work is achieved,then any hours worked over 10 hours per day Monday through Saturday shall be paid at double the hourly wage rate. F. All hours worked on Saturday shall be paid at one and one-half times the 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. J. All hours worked between the hours of 10:00 pm and 5:00 am, Monday through Friday, and all hours worked on Saturdays shall be paid at a 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. I K. 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 5 am to 6pm shift, and all work on Saturdays shall be paid at one and one-half times the hourly III rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays,and all hours worked in excess of twelve(12)hours in a single shift 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.When an employee returns to work without at least eight(8)hours time off since their previous shift,all such time shall be a continuation of shift and paid at the applicable overtime rate until he/she shall have the eight(8)hours rest period. 4. 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(1-1/2)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. I 4 I Benefit Code Key— Effective 3/3/2019 thru 8/30/2019 I Overtime Codes Continued o hnued 1 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. IEXCEPTION: 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 I 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 I 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. 111 All overtime eligible hours performed on the above described work that is energized, shall bepaid at the double hourly rate of wage. the IE. 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. IOn a four-day, ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hour 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 V2)times the regular shift rate for the first I 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. IF. 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. IG. 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. IH. 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 I at three times the hourly rate of wage. I. The First eight(8) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All I hours worked in excess of eight(8)per day on Saturdays shall be paid at double the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. J. The first eight(8) hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage. All I hours worked in excess of eight(8) hours on a Saturday shall be paid at double the hourly rate of wage. All hours worked over twelve(12) in a day,and all hours worked on Sundays and Holidays shall be paid at double the hourly rate of wage. IK. All hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage, so long as Saturday is the sixth consecutive day worked. All hours worked over twelve(12) in a day Monday through Saturday, and all hours worked on Sundays and Holidays shall be paid at double the hourly rate of wage. 1115 I Benefit Code Key— Effective 3/3/2019 thru 8/30/2019 12 hours worked on a Saturdayshall be paid at one and one-half times the hourly rate of wage. All 1 4. L. The first twelve( ) hours worked on a Saturday in excess of twelve (12) hours shall be paid at double the hourly rate of pay. All hours worked over twelve (12) in a day Monday through Friday, and all hours worked on Sundays shall be paid at double the hourly rate of wage.All hours worked on a holiday shall be paid at one and one-half times the hourly rate of wage, except that all hours worked on Labor Day shall be paid at double the hourly rate of pay. M. All hours worked on Sunday and Holidays shall be paid at double the hourly rate. Any employee reporting to work less than nine (9) hours from their previous quitting time shall be paid for such time at time and one-half times the hourly rate. N. 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,and all work performed between the hours of midnight(12:00 AM)and eight AM(8:00 AM) every day shall be paid at double the hourly rate of wage. 0. All hours worked between midnight Friday to midnight Sunday shall be paid at one and one-half the hourly rate of wage. After an employee has worked in excess of eight(8) continuous hours in any one or more calendar days, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of six (6) I hours or more. All hours worked on Holidays shall be paid at double the hourly rate of wage. F. Ail how s wulkcu on iiuiidaya altall'uc pahi al uuc caul viiG-hall i.iaa,a llal.hu LLlly law u wask,. Q. The first four(4)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 over twelve (12) hours Monday through Saturday shall be paid at double the hourly rate. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. R. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage,so long as Saturday is the sixth consecutive day worked. All hours worked on Sundays and holidays shall be paid at double the hourly rateIII of wage. S. All hours worked on Saturdays and Holidays shall be paid at one and one-half times the hourly rate of wage.All hours worked on Sundays shall be paid at double the hourly rate of wage. T. The first two(2)hours of overtime for hours worked Monday-Friday 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 shall be paid at double the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. For work on Saturday which is scheduled prior to the end of shift on Friday,the first six(6)hours work shall be paid at one and one-half times the hourly rate of wage,and all hours over(6)shall be paid double the hourly rate of wage.For work on Saturday which was assigned following the close of shift on Friday,all work shall be paid at double the hourly rate of wage. I U. 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.(Except on makeup days if work is lost due to inclement weather,then the first eight(8) hours on Saturday may be paid the regular rate.) All hours worked over twelve(12) hours Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. i Holiday Codes 5. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after i 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). 6 I Benefit Code Key—Effective 3/3/2019 thru 8/30/2019 Holiday Codes Continued I5. 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). D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8). H. Holidays:New Year's Day,Memorial Day,Independence Day,Thanksgiving Day,the Day after Thanksgiving Day, And Christmas(6). 1 I. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). J. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day,And Christmas Day(7). K. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day,The Day Before Christmas,And Christmas Day(9). L. 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). N. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day,The Friday After Thanksgiving Day,And Christmas Day(9). P. Holidays:New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday And Saturday 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. Q. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day(6). R. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day,One-Half Day Before Christmas Day, And Christmas Day. (7 1/2). S. Paid Holidays:New Year's Day,Presidents'Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day, And Christmas Day(7). 1 T. 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). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(8). II 6. A. 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). E. 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- 7 i Benefit Code Key—Effective 3/3/2019 thru 8/30/2019 Day On Christmas Eve Day. (9 1/2). I Holiday Codes Continued 6. G. Paid Holidays: New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day,Veterans'Day,Thanksgiving Day,the Friday after Thanksgiving Day,Christmas Day,and Christmas Eve Day(11). 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). 6. 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). G. Holidays:New T ears Lay,1VleIIioria1 Lay,Independence Lay,Labor Lay,Thanksgiving Lay,Fliday a1Le1 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. I 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 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. 8 Benefit Code Key—Effective 3/3/2019 thru 8/30/2019 Holiday Codes Continued I7. 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. 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. I 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. 9 i Benefit Code Key—Effective 3/3/2019 thru 8/30/2019 Holiday Codes Continued j 7. 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. 111 V. Holidays: New Year's Day,President's Birthday,Memorial Day,Independence Day, Labor Day,Thanksgiving Day, the Friday after.Thanksgiving Day,Christmas Day,the day before or after Christmas,and the day before or after New Year's Day. If any of the above listed holidays falls on a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly. W. Holidays: New Year's Day, Day After New Year's, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,the Friday after Thanksgiving Day,Christmas Eve Day,Christmas Day,the day after Christmas,the day before New Year's Day,and a Floating Holiday. X Holidays-New Year's Day Day before or after New Year's Day,Presidents'Day Memorial Day Independence lav Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and the day before or after Christmas day.If a holiday falls on a Saturday or on a Friday that is the normal day off,then the holiday will be taken on the last normal workday.If the holiday falls on a Monday that is the normal day off or on a Sunday,then the holiday will be taken on the next normal workday. Y. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day,Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,and Christmas.Day.(8)If the holiday falls on a Sunday,then the day observed by the federal government shall be considered a holiday and compensated accordingly. Z. Holidays:New Year's Day,President's Day,Independence Day,Memorial 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. 15. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,the 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. B. Holidays: New Year's Day,Martin Luther King Jr. Day, President's Day,Memorial Day, Independence Day, Labor Day,Veteran's Day,Thanksgiving Day,and Christmas Day. (9) C. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,the day before Christmas Day and Christmas Day. (8) D Holidays:New Year's Day,Presidents'Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday after Thanksgiving Day,Christmas Day,and the day after Christmas. I I 1 10 1 Benefit Code Key—Effective 3/3/2019 thru 8/30/2019 Note Codes 1 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: I $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. 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 I 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. IS. 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. 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. I I I 11 Benefit Code Key—Effective 3/3/2019 thru 8/30/2019 Note Codes Continued I 8. 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'. W. Meter Installers work on single phase 120/240V self-contained residential meters. The Lineman/Groundmen rates would apply to meters not fitting this description. X. 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. Special Shift Premium:Basic hourly rate plus$2.00 per hour. When due to conditions beyond the control of the Employer or when an owner(not acting as the contractor),a government agency or the contract specifications requires that work can only be performed outside the normal 5 am to 6pm shift,then the special shift premium will be applied to the basic hourly rate.When an employee works on a special shift,they shall be paid a special shift premium for each hour worked unless they are in OT or Double-time status.(For example,the special shift premium does not waive the overtime requirements for work performed on Saturday or Sunday.) 1 I I 1 I I I I I 12 I I 1 I I I This page intenlionally left Blank I I I I I I I I I I I 1 SECTION 01010 1 SUMMARY OF WORK AND SPECIAL REQUIREMENTS I PART 1 GENERAL I 1.1 Location of Work The project is located at the Anderson Creek Wellfield in Bremerton, WA, which is near Gorst in Township 24 North, Range 1 East, in Section 33, in Kitsap County, Washington. Access to the Well 2R site is off the Anderson Hill Road Exit on SR 16 East; the access gate is located immediately behind the A-1 Roofing store. Access to the Well 7 site is located nearby and off SR 16 East immediately before the Anderson Hill Road exit. Both sites are fenced and secured and must remain that way during the work. A site plan is included at the end of this section. 1.2 Contract Method The work will be considered and paid for by lump sum and unit pricing per Section 01025 and the Bid Schedule. 1.3 Scope of Work The project will rehabilitate two wells: Well 2R and Well 7 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, water, and 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. B. Well 2R Rehabilitation: Well 2R was drilled into the Shallow Artesian Aquifer and completed with a modern, filter-sand completion design at a depth of 275 feet bgs in 1989. The well was rehabilitated in 2005 (see 2005 memo from I Robinson Noble in Appendix B. Due to reduction in well yield, the intent of the current project is to rehabilitate Well 2R with mechanical surge development techniques using a cable-tool drilling rig and an approved, phosphate-free surfactant. The hydrogeology firm Robinson Noble (RN) has been retained to provide technical support both during design and field work. All billable on-site and shop hours must be authorized by RN. The work includes: mobilization to the site; setting up and monitoring a water quality protection system; removing the existing pump (City personnel to make electrical and control disconnections); pre-rehabilitation video inspection; well rehabilitation; provision, installation, and Well 2R and 7 Rehabilitation (2019) Summary of Work and Special Requirements March 2019 01010-1 I 1 removal of a test pump for step-rate testing; disinfection; and furnishing, installing, and starting up new well pumping equipment (City to make electrical and control connections.) Section 02520 describes the tasks and sequences of tasks for accomplishing the work. C. Well 7 Rehabilitation: Well 7 was drilled into the Deep Artesian Aquifer in 1945 to a depth of 627 feet, reconstructed in 1990 and in 2005 (see 2005 memo from Robinson Noble in Appendix C). Due to a subsequent reduction in well yield, the intent of the current project is to rehabilitate Well 7 with mechanical surge development techniques using a cable-tool drilling rig and an approved, phosphate-free surfactant. The hydrogeology firm Robinson Noble (RN) has been retained to provide technical support both during design and field work. All billable on-site and shop hours must be authorized by RN. The work includes: mobilization to the site; setting up and monitoring a water quality protection system; removing the existing pump (City personnel to make electrical and control disconnections); pre-rehabilitation video inspection; well rehabilitation; provision, installation, and removal of a test pump for step-rate testing; disinfection; and furnishing, installing, and starting up new well pumping equipment (City to make electrical and control connections.) Section 02520 describes the tasks and sequences of tasks for accomplishing the work. ' D. City responsibilities: 1. Pump down adjacent wells prior to the work to prevent artesian conditions during the work. 2. Disconnect electrical cables and locking out power supply to the pumping equipment prior to pump removal. 3. Connecting new pump electrical and control wiring during installation. 4. Assist the Contractor to determine appropriate upland areas for discharging waste streams. 1.4 Owner and 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, on-site fabrication facilities, and field offices. Construction activities shall be contained within the limits shown in the Contract Drawings. The Contractor may not use private property(except to access the site as noted in these Contract Documents) unless permission is received in writing from the property owner. B. The OWNER may utilize all or part of the existing Site facilities during the entire period of construction for the conduct of the OWNER's normal operations. The CONTRACTOR shall cooperate and coordinate with the OWNER to facilitate the OWNER's operations and to minimize interference with the CONTRACTOR's operations at the same time. In any event, the OWNER shall be allowed access to the Site during the period of construction. 1 Well 2R and 7 Rehabilitation (2019) Summary of Work and Special Requirements March 2019 01010-2 r C. WORK shall be scheduled, sequenced, and performed in a manner which minimizes disruption to the operation and maintenance of existing facilities. 1.5 Permits A. No permits are required from the City of Bremerton for this work. I B. For electrical work, if any, consult with the Department of Labor and Industries for any requirements. 1.6 Substantial Completion, Construction Sequencing and Financial Penalties A. Completing this project on-time is critical since these wells provide significant I source water to the City water system. The Contract Times were determined hacarl nn r•mmnInfinn fho tAinrlr nrinr fn hinhcr xaiofor riomoniic in hnffor mnnfhc Plan, sequence, and expedite the work in order to accomplish the work within111 the Contract Times. The construction task sequence in Section 02520 may be modified in consultation with the hydrogeologist and City staff. The Contractor shall prepare and submit their own construction schedule as required in other sections of this contract. B. The project Substantial Completion date is established based on completion of the well rehabilitation, step testing, pump purchase, and pump installation for both wells 2R and 7. Because pump delivery time is affected and could be delayed by third-party pump vendors and manufacturers, consideration will be given to increase the contract times due to longer than expected pump delivery times. C. Well 2R rehabilitation shall be performed first. Upon completion of step rate I testing at Well 2R, begin work at Well 7. D. Upon completion of Well 2R rehabilitation and step testing, City will provide purchase specification to the Contractor so the Contractor can obtain vendor quotes for pumping equipment equipment purchase. Submit cost quote and submittal technical document for City review within 7 to 10 days. See Section 11076. PART 2 PRODUCTS (Not Used) I PART 3 EXECUTION (Not Used) i END OF SECTION 1 I Well 2R and 7 Rehabilitation (2019) Summary of Work and Special Requirements March 2019 01010-3 I tr I _. ;ar t_- - , r,..* CJs # Ep d � �e! to r as ' 4 " 4100, P ? + N',.,......,*"r"°' I ' M 6 4_ /./-/ r r. WELL$ a r + µ w r -,,,,,„..j: *,,14'''''*--,:'"" �rx... 000100111pboa * ,..t do� • r ,g`'- _^'�. ,'�` ".:�... 1 '• � ',„ ,,..., ''..''"-;-::,-;---;-"/ "3- '',/-7/-,/,',',J . d'E.LL S r - "' ;'� '1N`iLL SR'F > :7ELL 6' 7t; 'dOn r3� • -'-tea '"**°'> )0E r; - Vf►E�E #. ,,ppyy� � .: e q a WELL.1R {- - ars, t>«r r,L p 1 ont�i1 { ,...,,,,)1; tr Iki �` y>t r (Abandoned) , :: , I� >. f d*' .. r Je tr r' s tB ., &-- , Jx , t , `f a ^° ","'" I 9 "s, r^� - t ' c c • I � £ 4 "__ o *0 I J / „ ' ,. J' / ,/ , r ° s , li F / t )yam'; f” r .'-ar°. ,r p , x 3 ifi • ' l ( {r 7}�i[ / „----.J.0. J t i k t : t .,:f.',..;=:"°-'.ti ..fit �� +/.. €'. 'icy I C � ,.ev. � t . t` ,- �' FAN 3 �i 5 ' f ,! 1 r y ,(e 14 2f __ Y rj / 1� t a � r G � i:E..1'� r� ,3 � t z t� r,7.',-,11:/,',, .,. . SO NCTE:$A5EMAP SCALE 1-.1000- ] F- ure ` TaKEN AFZ4 43505 - ' +r rxc su 124!1 R E- 33 NOBLE „ BREMERTON WEST VJel6field Lao tion N€ ..•6r.`Eac„ .,c-.,--,- our IUTSAP COUNTY City of Bremerton..Anderson Creek J ei',e.rt impr4�vernent 1 Well 2R and 7 Rehabilitation (2019) Summary of Work and Special Requirements I March 2019 01010-4 t SECTION 01025 1 MEASUREMENT AND PAYMENT PART 1 GENERAL I 1.1 Scope of Payment A. Measurement and Payment will be in accordance with the prices set forth in the proposal for individual work items. CONTRACTOR shall make a careful assessment when preparing the bid. I B. Where work does not appear as a separate item in the proposal but is required in order to provide a fully operable, rehabilitated well, the cost for that work shall be included and absorbed into the bid item prices in the Bid Schedule. I C. Payment for the various items of the Bid Schedule, as further specified herein, snail include all compensation to be received by the (SUN I KAU I UK for furnishing all tools, equipment, supplies, and manufactured articles, and for all I labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of 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 111 of the U.S. Department of Labor(OSHA). D. Washington State Department of Revenue Rule 170 applies to this project. For work performed in such cases, the CONTRACTOR shall include the retail sales tax on the full contract price. The City will automatically add this sales tax to each payment to the CONTRACTOR. For this reason, the CONTRACTOR shall not include the retail sales tax in the bid item prices, or in any other contract amount subject to Rule 170. Contact Washington State Department of Revenue Public Works Section by email at pwc(a�dor.wa.gov or by phone at (360) 725-7588. 1.2 Force Account A. A line item for Force Account is included in the Bid Schedule in the amount of $15,000. This money can be used when changed conditions are encountered which require extra work or for owner-directed changes. A written Work Change Directive must be issued in order to use money from the Force Account line item. B. Force Account will also be used for reimbursement of material item purchases, 1 services, permits, and fees identified for reimbursement in the contract. Payment for items via the Force Account shall be determined based on the pre-taxed actual invoice amount plus a 15% markup. C. Payment for the purchase of new pumping equipment and appurtenances is reimbursed separately from Force Account and described further in this I Well 2R and 7 Rehabilitation (2019) Measurement and Payment March 2019 01025-1 1 I section. 1.3 Schedule A—Well 2R Rehabilitation A. Bid Item No. A.1 — Mobilization 1. No measurement shall apply to this lump sum bid item. 2. The lump sum payment for this bid item shall be paid in accordance with the Contract Documents and shall constitute compensation for all costs of preparatory work performed by the CONTRACTOR, including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for premiums on bonds and insurance for the project, and for work and operations which must be performed or costs incurred before beginning production work on the various items on the project site. Mobilization also includes but is not limited to: posting construction ' identification signs, construction surveying and staking, providing record drawings, securing permits, establishing safety and security measures, submitting the project schedule; providing product/material submittals; attending public meetings as stipulated in the Special Provisions. Mobilization costs for all subcontracted work shall be incidental to this bid item. Measurement and Payment shall be Lump Sum in accordance with the Contract Documents. 3. This bid item shall also include the cost for demobilization and restoring the site upon completion of the work. 4. Payment for this bid item shall be 70% upon completion of mobilization and the remainder shall be paid after demobilization. B. Bid Item No. A.2 —Water Quality Protection 1. No measurement shall apply to this lump sum bid item 2. The lump sum price for this bid item shall constitute compensation for all costs associated with planning, implementing,and monitoring temporary erosion control practices, water quality protection practices, and spill prevention and control practices in accordance with the Contract Documents(specifically Section 01354) and local, State, and Federal water quality regulations. 3. All costs for labor, equipment, material, supplies, subcontracts, and Pp � services associated with control and monitoring of wastewater discharges from the Work shall be included in this bid item. C. Bid Item No. A.3 —Well Video Inspection 1. No measurement shall apply to this lump sum bid item. I Well 2R and 7 Rehabilitation (2019) Measurement and Payment 111 March 2019 01025-2 I 2. The lump sum price for this bid item includes compensation for all costs for I equipment, labor, and activities required for video inspection of the well both prior to and after rehabilitation activities to the satisfaction of the HYDROGEOLOGIST and City staff. Il 3. Any labor and equipment time to prepare the well for video inspection, such as flushing, shall be included in this bid item. D. Bid Item No. A.4 — Rehabilitation — Authorized Hourly Field Work 1. Measurement for the hourly rate shall be based on the estimated hourly rate of labor, equipment and materials required to complete tasks described in the I Contract Documents specifically for on-site work for rehabilitation of the well. 2. Payment for this bid item shall constitute compensation for all field hourly costs, including: removing and disposing of the existing well pump, column, andI appurtenances; removal of sand, silt and other materials from the bottom of the uiatll• riataninn that ‘niatll racinn• matrhaniraIIv ci irninn that ‘nicll• ratnlarinn that filtor pack in the annular space; placing and surging the surfactant in the well to loosen fine clay and silt materials; perform additional surging and rehabilitation as requested by the hydrogeologist; disinfection; post-rehabilitation well evaluation; and any other field work as requested and determined necessary by the Owner and/or hydrogeologist for successful rehabilitation of the well. No payment shall be made when the crew is not actively working on the site to rehabilitate the well as determined by the HYDROGEOLOGIST. The City has estimated the number of hours required to complete the on-site rehabilitation activities. Payment shall be the hourly rate times the actual number of authorized hours as verified by the HYDROGEOLOGIST. E. Bid Item No. A.5 — Rehabilitation —Authorized Hourly Shop Work I 1. Measurement for the hourly rate shall be based on the estimated hourly rate of labor, equipment and materials required to complete tasks described in the Contract Documents specifically for shop-related work for rehabilitation of theIII well. 2. Payment for this bid item shall constitute compensation for all hourly costs associated with fabricating, repairing, or modifying equipment items directly associated with Well 2R rehabilitation as described in Tasks 3 to 11 in paragraph 02520 3.1 A and that occurs at the CONTRACTOR's off-site work facilities (shop). The City has estimated the number of hours required to complete shop-related work. Payment shall be the hourly rate times the actual number of authorized hours as verified by the HYDROGEOLOGIST. F. Bid Item No. A.6 —Purchase Well 2R Pumping Equipment 1. No measurement shall apply to this lump sum bid item 2. The lump sum price for this bid item shall constitute compensation for purchase I Well 2R and 7 Rehabilitation (2019) Measurement and Payment March 2019 01025-3 1 t jof the new pumping equipment including pump, motor, startup support, and any additional items as directed by the Owner such as valves, power cable, well column, conduit, and piping. 3. The amount included in the bid schedule for this bid item is a placeholder and NOT the actual amount to be paid to the Contractor. The payment to the Contractor shall be determined based on pre-tax actual equipment/material invoices plus a 10% markup. 1 4. Obtain multiple (minimum of 2) cost quotes from different vendors/manufacturers for major pumping equipment items in order to ensure competition and best value for the City. 5. Any costs other costs associated with the new well pumping equipment, including coordination for delivery, installation, testing, troubleshooting, coordinating with City staff, and startup, shall be included in the bid item for installation of well pumping equipment. This current bid item is solely for purchase of pumping equipment and appurtenances based on actual invoice cost. G. Bid Item No. A.7 — Install Well 2R Pumping Equipment 1. No measurement shall apply to this lump sum bid item 2. The lump sum price for this bid item shall constitute compensation for all costs associated with receiving and installing the new pumping equipment (and old items where reused), including coordination for delivery, installation, testing, troubleshooting, coordinating with City staff, and startup, shall be included in the bid item for installation of well pumping equipment. 3. This bid item shall also include the costs associated with step-rate testing, including furbishing and installing temporary pump (City to support electrical connections as needed), coordinating with hydrogeologist for test, performing pump test, and removing temporary pumping equipment. 4. Electrical and control connections and any SCADA programming shall be made by City staff. Coordinate with City staff for startup. 1 1.4 Schedule B —Well 7 Rehabilitation A. Bid Item No. B.1 — Mobilization 1. No measurement shall apply to this lump sum bid item. 1 2. The lump sum payment for this bid item shall be paid in accordance with the Contract Documents and shall constitute compensation for all costs of preparatory work performed by the CONTRACTOR, including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for premiums on bonds and insurance for the project, and for work and operations which must be performed or costs incurred Well 2R and 7 Rehabilitation (2019) Measurement and Payment March 2019 01025-4 I before beginning production work on the various items on the project site. Mobilization also includes but is not limited to: posting construction identification signs, construction surveying and staking, providing record drawings, securing permits, establishing safety and security measures, submitting the project schedule; providing product/material submittals; attending public meetings as stipulated in the Special Provisions. Mobilization costs for all subcontracted work shall be incidental to this bid item. Measurement and Payment shall be Lump Sum in accordance with the Contract Documents. 3. This bid item shall also include the cost for demobilization and restoring the site upon completion of the work. 4. Payment for this bid item shall be 70% upon completion of mobilization and the remainder shall be paid after demobilization. B. Bid Item No. B.2 —Water Quality Protection 1. No measurement shall apply to this lump sum bid item I 2. The lump sum price for this bid item shall constitute compensation for all costs associated with planning, implementing,and monitoring temporary erosion control practices, water quality protection practices, and spill prevention and control practices in accordance with the Contract Documents(specifically Section 01354) and local, State, and Federal water quality regulations. 3. All costs for labor, equipment, material, supplies, subcontracts, and services associated with control and monitoring of wastewater discharges from the Work shall be included in this bid item. I C. Bid Item No. B.3 —Well Video Inspection , 1. No measurement shall apply to this lump sum bid item. 2. The lump sum price for this bid item includes compensation for all costs for I equipment, labor, and activities required for video inspection of the well both prior to and after rehabilitation activities to the satisfaction of the HYDROGEOLOGIST and City staff. 3. Any labor and equipment time to prepare the well for video inspection, such as flushing, shall be included in this bid item. D. Bid Item No. B.4 — Rehabilitation —Authorized Hourly Field Work 1. Measurement for the hourly rate shall be based on the estimated hourly rate of labor, equipment and materials required to complete tasks described in the Contract Documents specifically for on-site work for rehabilitation of the well. I 2. Payment for this bid item shall constitute compensation for all field hourly costs, including: removing and disposing of the existing well pump, column, and I Well 2R and 7 Rehabilitation (2019) Measurement and Payment March 2019 01025-5 I appurtenances; removal of sand, silt and other materials from the bottom of the well; cleaning the well casing; mechanically surging the well; replacing the filter pack in the annular space; placing and surging the surfactant in the well to loosen fine clay and silt materials; perform additional surging and rehabilitation as requested by the hydrogeologist; disinfection; post-rehabilitation well evaluation; and any other field work as requested and determined necessary by the Owner and/or hydrogeologist for successful rehabilitation of the well. No payment shall be made when the crew is not actively working on the site to rehabilitate the well as determined by the HYDROGEOLOGIST. The City has estimated the number of hours required to complete the on-site rehabilitation activities. Payment shall be the hourly rate times the actual number of authorized hours as verified by the HYDROGEOLOGIST. E. Bid Item No. B.5 — Rehabilitation —Authorized Hourly Shop Work 1. Measurement for the hourly rate shall be based on the estimated hourly rate of labor, equipment and materials required to complete tasks described in the ' Contract Documents specifically for shop-related work for rehabilitation of the well. 2. Payment for this bid item shall constitute compensation for all hourly costs associated with fabricating, repairing, or modifying equipment items directly associated with Well 2R rehabilitation as described in Tasks 3 to 11 in paragraph 02520 3.1 A and that occurs at the CONTRACTOR's off-site work facilities(shop). The City has estimated the number of hours required to complete shop-related work. Payment shall be the hourly rate times the actual number of authorized hours as verified by the HYDROGEOLOGIST. F. Bid Item No. B.6 —Purchase Well 7 Pumping Equipment 1. No measurement shall apply to this lump sum bid item 2. The lump sum price for this bid item shall constitute compensation for purchase of the new pumping equipment including pump, motor, startup support, and any additional items as directed by the Owner such as valves, power cable, well column, conduit, and piping. 3. The amount included in the bid schedule for this bid item is a placeholder and NOT the actual amount to be paid to the Contractor. The payment to the Contractor shall be determined based on pre-tax actual equipment/material invoices plus a 10% markup. 1 4. Obtain multiple (minimum of 2) cost quotes from different vendors/manufacturers for major pumping equipment items in order to ensure competition and best value for the City. 5. Any costs other costs associated with the new well pumping equipment, including coordination for delivery, installation, testing, troubleshooting, coordinating with City staff, and startup, shall be included in the bid item for installation of well Well 2R and 7 Rehabilitation (2019) Measurement and Payment March 2019 01025-6 t pumping equipment. This current bid item is solely for purchase of pumping equipment and appurtenances based on actual invoice cost. G. Bid Item No. B.7 — Install Well 7 Pumping Equipment 1. No measurement shall apply to this lump sum bid item 1 2. The lump sum price for this bid item shall constitute compensation for all costs associated with receiving and installing the new pumping equipment (and old items where reused), including coordination for delivery, installation, testing, troubleshooting, coordinating with City staff, and startup, shall be included in the bid item for installation of well pumping equipment. 3. This bid item shall also include the costs associated with step-rate testing, including furbishing and installing temporary pump (City to support electrical connections as needed), coordinating with hydrogeologist for test, performing I pump test, and removing temporary pumping equipment. 4. Electrical and control connections and any SCADA programming shall be made by City staff. Coordinate with City staff for startup. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) t END OF SECTION I I I 1 I Well 2R and 7 Rehabilitation (2019) Measurement and Payment March 2019 01025-7 I 1 I I I I This page intentionally left Blank I I I I I I I I I I I I I I SECTION 01300 CONTRACTOR SUBMITTALS I PART 1 GENERAL ' 1.1 General A. The City will provide a list of submittals to be provided for this project for materials, I processes, and procedures. Some of these submittals include: 1. All material submittals (e.g. filter pack, surfactant) 2. Water Quality Protection Plan. 3. Spill Prevention and Control Plan 4. Permanent pumping equipment J. VIUCv Ivy) Iuvu I VVI Illcl I al lu aut.Lial vlucvJ). 6. Other submittals to be determined by the City I 1.2 Pre-Construction Conference Submittals A. At the Pre-construction Conference referred to in Section 01311 — Project Meetings, bring the following submittals to the meeting for review and discussion. B. The Pre-construction Conference submittals shall be three (3) hard copies and I electronic copy on a USB thumb drive. PRE-CONSTRUCTION CONFERENCE SUBMITTALS I Submittal Description I Contractor's and Subcontractor's Contact Names and 24-hour contact telephone numbers of Information contractor's and each subcontractor's key personnel. I 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 delete. Contractor's Equipment Classifications and Make and model of each item of equipment and small Rates: 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. Well 2R and 7 Rehabilitation (2019) Contractor Submittals I March 2019 01300-1 I Critical Path Management (CPM) Schedule forTo be provided for entire project. See Section 01321 entire project. List of all Subcontractors List to include: 1) Percentage value of work assigned; 9 2) Principal contact(s); 3)Address; )Contact information Temporary Erosion and Sedimentation Control See Section 01354—Environmental Protection. (TESC) Plan and ESC lead certification per Spill Prevention Control Plan See Section per 01354—Environmental Protection. Administrative submittals: • Retainage account information(if applicable); • Intent to Pay Prevailing Wage Rates for prime contractor and subcontractors. 1.3 Shop Drawings A. When the Contract Documents require a submittal, the CONTRACTOR shall submit the specified information to the designated OWNER representative via e- mail in Adobe PDF format. B. Unless otherwise specified, submittals shall be accompanied by transmittal forms. A copy of the submittal transmittal form is included in Appendix A and an electronic version can be provided upon request. 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 authorized representative. Submittal documents common to more than one piece of equipment shall be identified with all the appropriate equipment numbers. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer's package ' or are so functionally related that expediency indicates checking or review of the group or package as a whole. 1 C. 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 resubmittals, i.e., A, B, or C being the 1st, 2nd, and 3rd resubmittals, ' respectively. Submittal 025—B, for example, is the second resubmittal of Submittal 025. D. 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. E. For most submittals, the OWNER will return electronic responses of each Well 2R and 7 Rehabilitation (2019) Contractor Submittals March 2019 01300-2 I submittal to the CONTRACTOR with its comments noted thereon, within 21 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. F. If a submittal is returned to the CONTRACTOR marked "NO EXCEPTIONS TAKEN,"formal revision and resubmission of said submittal will not be required. G. 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. H. 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. if d SUUI I IIIISI IS l aiui r ICU 'mar kad Eu-RESUBMIT," IL Jl idii Iliad'I u ldl II IC 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. J. 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." 111 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. K. 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. L. 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 Administrative Submittals A. Submittals that are not Shop Drawings or Samples, or that do not reflect quality I of product or method of construction may include, but not be limited to: 1 Well 2R and 7 Rehabilitation (2019) Contractor Submittals March 2019 01300-3 1 I 1 1. Applications for payment. 2. Construction photographs. 3. Progress reports. 4. Progress schedules. 5. Schedule of values. 6. Schedule of estimated progress payments. 7. Submittals required by laws, regulations, and governing agencies. 1.5 Quality Control Submittals A. Quality Control submittals may include, but not be limited to: 1. Reports (inspection and test). 1.6 Contractor's Schedule A. The CONTRACTOR's construction schedule and reports shall be prepared and submitted to the OWNER in accordance with Section 01321. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION I I I I I I Well 2R and 7 Rehabilitation (2019) Contractor Submittals 111 March 2019 01300-4 I SECTION 01311 PROJECT MEETINGS I PART 1 GENERAL 1.1 Description A. This section covers the requirements for project meetings. 1. Meeting Records. - The OWNER will record minutes of each meeting and will furnish copies to the CONTRACTOR within five working days thereafter. If the CONTRACTOR does not submit written objection to the contents of such minutes within seven days after receipt of the minutes, it shall be understood and agreed that the CONTRACTOR accepts the minutes as a true and complete record of the meeting. 2. Meeting Schedule. - The dates, times, and locations for the various I meetings shall be agreed upon and recorded at the pre-construction conference. Thereafter, changes to the schedule shall be by agreement between the OWNER and CONTRACTOR, with appropriate written notice to all parties involved. PART 2 PRODUCTS (Not Used) I PART 3 EXECUTION 3.1 Pre-Construction Conference A. Before the CONTRACTOR starts any Work, he/she shall attend a pre- construction conference held at the location, date, and time designated by the OWNER, typically within 14 days after the Notice of Award. The meeting may be attended by the representatives of the regulatory agencies having jurisdiction over the project, if required, and such other persons the OWNER, may designate; including the CONTRACTOR's Project Manager, its superintendent, and its subcontractors as the CONTRACTOR deems appropriate. 1. Other attendees may be: a. Representatives of OWNER ' b. Others as requested by CONTRACTOR or OWNER 2. Execution and Submittal of Documents. At the pre-construction conference, unless otherwise specified or agreed by the OWNER, the Well 2R and 7 Rehabilitation (2019) Project Meetings March 2019 01311-1 1 I 1 CONTRACTOR shall present to the OWNER the pre-construction submittals as indicated in 01300. 1 3. Agenda. In general, the matters to be discussed or resolved and the instructions and information to be furnished to or given by the I CONTRACTOR at the pre-construction conference may include but are not limited to: Ia. Project meeting schedule b. Preliminary CPM Construction Schedule (per Section 01321) I submitted by CONTRACTOR c. Critical work sequencing d. Communication procedures between the parties e. Contractor emergency contact information f. Construction permit requirements, procedures, and posting g. Spill Prevention/Emergency Response Plan h. Access and rights-of-way furnished by the OWNER I i. Forms and procedures for CONTRACTOR's submittals Ii. Change order forms and procedures. Partial payment k. Application forms and procedures I. Inspection staff and their duties Im. Construction equipment and methods proposed by the CONTRACTOR I n. Procedures for payroll and labor cost reporting by the CONTRACTOR and CONTRACTOR's Io. Schedule of Values P. Placement of temporary erosion, sedimentation and drainage control facilities Iq. Other administrative and general matters as needed 1 3.2 Progress Meetings A. The CONTRACTOR shall attend regular, weekly (or as frequently as determined I in Pre-construction Conference), on-site progress meetings and at other times as requested by OWNER or as required by progress of the WORK. The CONTRACTOR, OWNER, and Subcontractors active on the site (as appropriate) must attend each meeting. CONTRACTOR may at its discretion Irequest attendance by representatives of its Suppliers, manufacturers, and other Subcontractors. I Well 2R and 7 Rehabilitation (2019) Project Meetings IMarch 2019 01311-2 B. The OWNER shall preside at the meetings and distribute the minutes. The OWNER shall produce an agenda for each site meeting. All matters bearing on the progress and performance of the work since the preceding progress meeting shall be discussed and resolved, including, without limitation, any previously unresolved matters, deficiencies in the work or the methods being employed for the work, and problems, difficulties, or delays which may be encountered. C. The CONTRACTOR shall provide a three (3) week "look ahead" schedule at each progress meeting. 3.3 Special Meetings A. Upon appropriate notice to the other parties, special meetings may be called by , the OWNER or CONTRACTOR. Special meetings will be held where and when designated by the OWNER. 3.4 Regulatory Agencies A. When requested, the CONTRACTOR shall attend meetings held or required by the governmental regulatory agencies having jurisdiction over the project 3.5 Audio Recording of Meetings ' A. The Contractor agrees that the Owner is permitted to make an audio recording of the meeting upon request. The purpose of the recording will be to assist in developing the written meeting minutes. END OF SECTION 1 I I I I I 1 I Well 2R and 7 Rehabilitation (2019) Project Meetings March 2019 01311-3 1 t t 1 This page intentionally left Blank 1 1 1 1 1 SECTION 01321 PROJECT SCHEDULE PART 1 GENERAL 1.1 General A. Scheduling of the WORK shall be performed by the CONTRACTOR in i accordance with the requirements of this Section. B. Development of the schedule and monthly updates shall employ the 1 computerized Critical Path Method (CPM). C. The CPM schedule and monthly updates should be prepared with Microsoft ' Project or an approved equivalent software with CPM capabilities. 1.2 Submitting and Review of the CPM Schedule I A. Submit the CPM Schedule at the pre- construction conference. The Owner will review this schedule and return it to the Contractor within five (5) days. The Contractor shall resubmit the revised schedule within ten days of receipt of comments. 1.3 CPM Schedule Requirements A. Both the preliminary and full CPM schedule shall be a critical path method (CPM) schedule developed by the Precedence Diagramming Method (PDM). Restraints may be utilized but may not serve to change the logic of the network or the critical path. The schedule shall display at least the following information. 1. Contract Number and Title 2. Construction Start Date 3. Activity Number and Responsibility Codes 4. Critical Path 5. Activity Description 6. Milestone Description 7. Activity Duration 8. Predecessor Activities 9. Successor Activities 1.4 Monthly Updates and Periodic Schedule Submittals A. Update and submit the schedule monthly. Payment will not be made until the Owner receives an updated schedule which is reviewed and meets the standard of the Owner. 1 Well 2R and 7 Rehabilitation (2019) Project Schedule March 2019 01321-5 1 t1.5 Three-Week Look Ahead Schedule A. The CONTRACTOR shall furnish a three (3) week look ahead schedule at each weekly construction meeting that indicates the work accomplished during the previous week, and work to be accomplished in the next two weeks beyond the current week. Data day/date for the 3-week schedule shall be the meeting date. 1.6 Inclement Weather Provisions of the Schedule A. The CONTRACTOR'S construction schedule shall include at least three days of delay due to severe weather conditions. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION I I I 1 I I 1 i Well 2R and 7 Rehabilitation (2019) Project Schedule March 2019 01321-6 1 SECTION 01354 ENVIRONMENTAL PROTECTION PART 1 GENERAL I 1.1 Description A. Both well sites are located in environmentally sensitive areas, requiring planning 1 and implementation of environmental protection measures. Well 2R is located adjacent to and within 100 feet of Anderson Creek. Well 7 is adjacent to a roadside ditch that discharges to Sinclair Inlet. Measures for control of wastewater discharges from the process shall planned, implemented, and monitored to prevent any discharges from the site that could contaminate surface waters, including water contaminated by surfactant, turbid groundwater discharges, and sediment-laden runoff generated by surface discharges. B. This section covers the work necessary during construction for protection of the environment, including: 1. Temporary Sedimentation and Erosion Control 2. Water Quality Protection 3. Spill Prevention and Control C. The CONTRACTOR shall undertake environmental protection measures to ensure that spills, construction debris, wastewater discharges, sediment, and other contaminants do not enter receiving waters or damage the environment. D. The WORK shall also comply with all other applicable environmental regulations, including federal, state, and local requirements related to air quality, water quality, and hazardous material management. 1.2 Submittals A. Temporary Erosion and Sedimentation Control (TESC) Plan. B. Spill Prevention and Control Plan. I C. Water Quality Protection Plan 1.3 Quality Assurance A. Installations that do not conform to the requirements contained herein shall be removed from the project and replaced by the CONTRACTOR, and no additional payment will be allowed therefore. B. Water quality protection measures shall conform with the measures included in the contract documents and any other local, state, and I Well 2R and 7 Rehabilitation (2019) Environmental Protection March 2019 01354-1 I federal legal requirements. 1.4 Measurement and Payment A. See Section 01025 and the Bid Schedule form. The bid item Water Quality Protection for each well site shall include planning, implementation, and monitoring of TESC, water quality protection, and spill control and prevention measures and BMPs. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.1 General A. The CONTRACTOR shall meet all applicable requirements of the Contract Documents, as well as any permit requirements related to protection of the ' environment. B. CONTRACTOR work methods shall be such as to minimize disturbances to the environment. Erosion control shall comply with the details as presented in the drawings. C. The CONTRACTOR shall comply with general water quality protection measures, including project specific Best Management Practices (BMPs) and visual water quality monitoring. D. If a fish kill occurs or fish are observed in distress at the job site, immediately stop all activities causing harm. Immediately notify the Washington Department of Fish and Wildlife and the Washington Military Department Emergency Management Division at 1-800-258-5990. Activities related to the fish kill or fish distress must not resume until the Washington Department of Fish and Wildlife gives approval. The Washington Department of Fish and Wildlife may require additional measures to mitigate impacts. E. The CONTRACTOR shall establish staging areas in a location and manner that will prevent contaminants from entering the waters of the state. ' F. TESC, Spill Prevention, and Water Quality Protection Plans must be approved and the measures implemented prior to starting the rehabilitation work. A specially-scheduled site walk-through must be performed with City and Contractor staff prior to starting the rehabilitation work to ensure adequate ' provision and set-up of TESC, spill prevention, and Water Quality Protection measures 1 3.2 Temporary Erosion and Sediment Control (TESC) Plan A. The TESC plan shall indicate best management practices for preventing silt and Well 2R and 7 Rehabilitation (2019) Environmental Protection March 2019 01354-2 I sediment from the work from contaminating waters of the state. The plan shall conform with City of Bremerton Erosion Control Standards (reference Bremerton Municipal Code Chapter 15.04.), WSDOT Standard Specifications (2012) 8-01, and WSDOE Stormwater Management Manual for Western Washington (2012). B. All erosion and sediment facilities shall be maintained in a satisfactory condition until such time that clearing and/or construction is completed and potential for on-site erosion has passed. The CONTRACTOR shall be responsible for the design implementation, maintenance, replacement and additions to erosion/sedimentation control systems. C. Review of the erosion/sedimentation control plan by the OWNER does not remove any responsibility of the CONTRACTOR to protect all surface waters I from silt and sediment from construction operations. D. TESC plan may be combined with the Water Quality Protection Plan as a single document due to overlapping BMPs and intent. 3.3 Spill Prevention and Control Plan ' A. The CONTRACTOR shall prepare and submit, for review, a spill prevention/emergency response plan specific to the project needs. The project work is to be conducted adjacent to the Anderson Creek. Any spills shall prevented and contained to the greatest extent practicable. B. It is essential that all spills and contaminants from the project, such as petroleum I products, hydraulic fluid, fresh concrete, sediments, sediment-laden water, chemicals or any other toxic or harmful materials, must be prevented from entering or leaching into waters. C. Spill Prevention and Control Plan - Minimum Requirements: 1. Train all employees working on the project in spill prevention and emergency response techniques. 2. Post the spill prevention plan and emergency response team at the project site. 3. All fuel storage shall be off site. Define fuel location and fueling I method. 4. Storage of hazardous materials shall be off site. Define the location and ' security methods. 5. If refueling is proposed at any location on the project site, provide a 1 total containment system for the fueling area: a. The containment system as a minimum shall include an impervious PVC type liner (with suitable earth cover and an earthen containment berm surrounding the site. Well 2R and 7 Rehabilitation (2019) Environmental Protection March 2019 01354-3 I b. The containment berm shall have a reinforced raised entrance 1 ramp. c. Fencing of the containment area is recommended to reduce vandalism. d. Provide absorbent material at the refueling site in quantities suitable for spill cleanup. 6. Use equipment which does not leak, repair or remove from the work any equipment which begins to leak. 7. Notify the emergency response team leader immediately in the event of a spill and contact all members of the response team. 8. Begin clean-up of spill immediately. 9. Emergency Response Team: Include in the Spill Prevention Plan an Emergency Response Team List with the following minimum ' information: a. Fire Department 911 b. Police Department - Kitsap County 911 c. Spill Reporting - 24 Hour Number 1-800-258-5990 Department of Ecology d. Spill Prevention Coordinator- OWNER (City of Bremerton) Bill Davis 360-473-2312. e. Spill Prevention Representative - CONTRACTOR To Be Named f. Department of Fisheries- CONTRACTOR to determine Contact B. Water Quality Protection Plan 1. The plan shall be site-specific and demonstrate via figures and narrative the control and disposal of contaminated and/or turbid waste water generated from rehabilitation and step-rate testing operations. 2. The plan shall describe the types and sizes of tanks to be used, pumping equipment, layout of hoses, level spreaders, fencing, discharge locations and other relevant components of the plan for review and consideration by the Owner. 3. During the work, the Owner may request modification of the plan as needed depending on the performance and adequacy of the measures. I END OF SECTION 1 Well 2R and 7 Rehabilitation (2019) Environmental Protection March 2019 01354-4 I SECTION 01505 MOBILIZATION I PART 1 GENERAL 1.1 General A. Mobilization shall include the obtaining of all required permits; moving onto the site of all equipment; furnishing and erecting plants, temporary buildings, and other construction facilities; and implementing security requirements; all as required for the proper performance and completion of the Work. Mobilization shall include the following principal items: 1. Moving on to the site of all CONTRACTOR's plant and equipment required for first month operations. 2. Submittals for ordering long lead time materials and major equipment , within ten (10) days of Notice to Proceed. 3. Installing temporary construction power, wiring, and lighting facilities, as ' necessary in order to perform the Work. 4. Developing construction water supply. I 5. Providing all on-site communication facilities, including telephones. 6. Providing on-site sanitary facilities and potable water facilities. 7. Arranging for and erection of CONTRACTOR's work and storage yard. 8. Obtaining all required permits. 9. Having all OSHA required notices and establishment of safety i programs. 10. Having the CONTRACTOR's superintendent at the job site full time. I 11. Preparation and submitting of initial submittals 12. Project Phasing B. Mobilization shall include demobilization of all equipment and facilities from 1 the site and the restoration thereof. Restoration of a site shall include, but not be limited to, re-grading of the ground surface disturbed and reseeding (no fertilizers are to be applied). Restoration also includes reconstruction of fences, berms, or other surface features, and replacement of bushes, trees, or ground cover which were present prior to commencement of work. Final site restoration shall be approved by the OWNER and ENGINEER. ' Well 2R and 7 Rehabilitation (2019) Mobilization March 2019 01505-1 I PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 1 1 1 r I 1 1 1 1 1 i 1 1 i Well 2R and 7 Rehabilitation (2019) Mobilization March 2019 01505-2 I SECTION 01570 I CONSTRUCTION FACILITIES AND CONTROLS I PART 1 GENERAL 1 1.1 Summary A. Temporary construction facilities required for the WORK include but are not I limited to: 1. Power I a. Contactor to supply power via generator. Due to location near highway and woods, sound-attenuating enclosure is not a requirement. 2. Water a. Contractor to supply water at both sites. Furnish all the hoses, pump, and tanks as needed for water supply. b. Alternatively, at Well 2R, a hydrant is located approximately 400 feet away from the well. Backflow protection is required on all connections to potable water systems. Backflow preventers must be obtained from the City and require a $2000 refundable deposit. I 3. Temporary lighting as needed for the work 4. Portable, temporary sanitary facilities I a. Provide temporary sanitary facilities at both well sites. 5. Waste containers for debris and control of wastewater discharge I 6. Enclosures (lockable) for protection valuable items I 7. OWNER'S access to facilities. 8. Field office for CONTRACTOR'S personnel (field truck is acceptable). 1 9. Communication: I c. Cell phone is acceptable. B. Maintain temporary facilities in proper and safe condition throughout progress of WORK. C. Comply with federal, state, and local codes and regulations, and utility company requirements. D. Security at the site is critical. Ensure that items of value are contained I Well 2R and 7 Rehabilitation (2019) Construction Facilities and Controls March 2019 01570-1 lockable enclosures. 1.2 Site Access A. Access to Well 2R is via the east gate at the A-1 Roofing Company off of Anderson Hill road in Port Orchard, WA. Always proceed slowly through the property. B. Access to Well 7 is on the shoulder of SR16. No parking on SR16 is permitted except during an emergency. C. The CONTRACTOR shall make its own investigation of the condition of available public and private roads and of clearances, restrictions, bridge load limits, and other limitations affecting transportation and ingress and egress to the site of the WORK. It shall be the CONTRACTOR's responsibility to construct and maintain any haul roads required for its construction operations. 1.3 Utility Properties and Service A. In areas where the CONTRACTOR's operations are adjacent to or near a utility and such operations may cause damage which might result in significant expense, loss and inconvenience, the operations shall be suspended until all arrangements necessary for the protection thereof have been made by the CONTRACTOR. ' B. The CONTRACTOR shall notify all utility offices which may be affected by the construction operation at least 48 hours in advance. Before exposing any utility, the utility having jurisdiction shall grant permission and may oversee the operation. Should service of any utility be interrupted due to the CONTRACTOR's operation, the proper authority shall be notified immediately. It is of the utmost importance that the CONTRACTOR cooperates with the said authority in restoring the service as promptly as possible. Any costs shall be borne by the CONTRACTOR. 1.4 Temporary Site and Other Roads A. Maintain existing roads used during construction free from accumulation of dirt, mud and construction debris. B. CONTRACTOR shall repair or replace existing roads that remain to original or better condition prior to Final Completion. Survey and record condition of existing roads prior to construction. 1.5 Contractor's Work Area A. Work Area: I Well 2R and 7 Rehabilitation (2019) Construction Facilities and Controls 11 March 2019 01570-2 1. Limit construction operations and storage of equipment and materials to areas shown on Drawings and as determined by OWNER. I 2. Except as provided herein, no private property, or other area adjacent to Site shall be used for storage of CONTRACTOR'S equipment and materials unless prior written approval is obtained from legal owner of the respective locations. 3. Contractor shall maintain staging areas during construction in a ' manner that will not obstruct operations of existing facilities. Work shall proceed in an orderly manner, maintaining construction Site and staging area free of debris and unnecessary equipment or materials. , 4. Sweep and remove dust, debris, and mud from paved surfaces after demobilization. I B. Storage and Protection of Equipment and Materials: 1. The CONTRACTOR shall be solely responsible for the protection and security of all equipment and materials stored on the site. Equipment and materials stored at the site shall be placed neatly on the job site in an area and environment that will provide protection and security. Materials that are not adequately protected or stored in conformance with the manufacturer's recommendations will be rejected. Unusable materials shall be expeditiously removed from the job site. 2. Provide appropriate barricades, signs, and traffic control devices in like- new condition where necessary to protect pedestrians from any hazards associated with the storage of materials and equipment used for this project. 3. No equipment and/or materials shall be stored outside the immediate work area. 4. The "immediate work area" is the area where work is taking place or will be taking place within one calendar day. The CONTRACTOR shall immediately move stored material or equipment which causes a nuisance or creates complaints 1.6 Security I A. CONTRACTOR shall be responsible for loss or injury to persons or property where WORK is involved, and shall provide security and take precautionary measures to protect CONTRACTOR'S and OWNER'S interests. B. Provide and maintain temporary fencing of design and type needed to prevent entry into active construction areas. I Well 2R and 7 Rehabilitation (2019) Construction Facilities and Controls March 2019 01570-3 C. Store all materials of value in a locked metal storage container. Theft has occurred at this area on previous projects. 1 1.7 Enclosures rA. Provide and maintain all enclosures, scaffolds, tarpaulins, canopies, warning signs, steps, platforms, bridges, and other temporary construction necessary for proper completion of WORK. 1.8 Parking ' A. Staging area and designated areas within construction limits may be used for parking of construction personnel's private vehicles and CONTRACTOR'S lightweight vehicles. B. Make arrangements for additional parking off site as required. C. No overnight parking, camping, or storage of personal vehicles, trailers or other items will be authorized. 1.9 Contractor's Field Offices and Buildings A. Field office is optional B. Field office shall be neat and well-constructed and kept clean 1 1.10 Hazardous Materials Storage Area A. The CONTRACTOR shall construct and implement a separate storage area for hazardous materials used in constructing the WORK. 1. For the purpose of this paragraph, hazardous materials to be stored in the separate area are all products labeled with any of the following terms: Warning, Caution, Poisonous, Toxic, Flammable, Corrosive, Reactive, or Explosive. In addition, whether or not so labeled, the following materials shall be stored in the separate area: diesel fuel, gasoline, new and used motor oil, hydraulic fluid, cement, paints and paint thinners, two- part epoxy coatings, sealants, asphaltic products, glues, solvents, wood preservatives, sand blast materials, and spill absorbent. 2. Hazardous materials shall be stored in groupings according to the MSDS. ' 3. The CONTRACTOR shall develop and submit to the OWNER a plan for storing and disposing of the materials above. r Well 2R and 7 Rehabilitation (2019) Construction Facilities and Controls March 2019 01570-4 4. The CONTRACTOR shall obtain and submit to the OWNER a single EPA number for wastes generated at the Site. 5. The separate storage area shall meet all the requirements of all ' authorities having jurisdiction over the storage of hazardous materials. 6. The separate storage area shall be inspected by the appropriate I regulatory authority prior to construction of the area, upon completion of construction of the area, and upon cleanup and removal of the area. 7. All hazardous materials which are delivered in containers shall be stored in the original containers until use. Hazardous materials which are delivered in bulk shall be stored in containers which meet the requirements of authorities having jurisdiction. PART 2 PRODUCTS (Not Used I PART 3 EXECUTION (Not Used) r END OF SECTION 1 I I I I I Well 2R and 7 Rehabilitation (2019) Construction Facilities and Controls March 2019 01570-5 I I I I I I This page intentionallyleftelank II I I I I I I I I I I I I I SECTION 01600 I PRODUCTS, MATERIALS, AND EQUIPMENT , PART 1 GENERAL 1.1 Definitions A. The word "Products," as used in the Contract Documents, is defined to include 1 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. I 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 I 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. I 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. I 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 Well 2R and 7 Rehabilitation (2019) Product, Materials, and Equipment March 2019 01505-1 r 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 storage times for flammable, hazardous, easily damaged, or sensitive materials to deterioration, theft, and other sources of loss. 1 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 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. i Well 2R and 7 Rehabilitation (2019) Product, Materials, and Equipment March 2019 01505-2 r B. The CONTRACTOR shall comply with manufacturer's product storage requirements and recommendations. C. The CONTRACTOR shall maintain manufacturer-required environmental 1 conditions continuously. D. The CONTRACTOR shall ensure that surfaces of products exposed to the r elements are not adversely affected and that weathering of finishes does not occur. 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) I PART 3 EXECUTION (Not Used) END OF SECTION I 1 I 1 I 1 111 Well 2R and 7 Rehabilitation (2019) Product, Materials, and Equipment March 2019 01505-3 t t This page intentionally left Blank t 1 1 1 i SECTION 01700 PROJECT CLOSEOUT I PART 1 GENERAL I 1.1 Submittals A. Closeout Submittals: ' 1. Operations and Maintenance Manuals (bound in notebook)for all manufactured or technical items supplied on the project. 2. All remaining reports, certificates and documents pertaining to the Work and Contract Documents. 3. Video inspection records. 4. Field data requested by hydrogeologist to prepare final report. 5. All affidavits and administrative requirements required by the Contract Documents and the State of Washington. 1.2 Final Inspection A. When the CONTRACTOR considers Work is complete, submit written request stating that contract documents have been reviewed and the work in entirety has been completed in accordance with the contract documents. Request a final inspection. ENGINEER will inspect to verify status of completion with reasonable promptness after receipt of such certifications. B. If ENGINEER finds incomplete or Defective Work: 1. ENGINEER will promptly prepare a Punch List and notify i CONTRACTOR in writing, listing incomplete or Defective Work. 2. Take immediate steps to remedy stated deficiencies and send i second written certification to ENGINEER that Work is complete. 3. ENGINEER will re-inspect Work. 1 C. When ENGINEER finds Work is acceptable, they will request CONTRACTOR to make closeout Submittals as specified in this Section. 1 PART 2 PRODUCTS (Not Used) I PART 3 EXECUTION (Not Used) END OF SECTION I Well 2R and 7 Rehabilitation (2019) Project Closeout March 2019 01700-1 t SECTION 02520 WELL REHABILITATION PART 1 GENERAL 1.1 General A. This section describes the work required to rehabilitate Wells 2R and 7. It also describes the subsequent step testing to determine well performance and pumping equipment purchase/installation. B. Payment for material listed in Part 2 shall be based on actual invoice for materials used plus material markup (see paragraph 01025 1.2 B.) C. The City has contracted with the hydrogeology firm Robinson Noble, Inc. (RN)to provide quality assurance and field support services during rehabilitation. The scope of services for the hydrogeologist include: 1. Support during the bid regarding technical issues. 1 2. Technical review of submittals, plans and contractor processes. 3. Attending and reviewing pre and post-rehabilitation videos for evaluating well condition and determining/revising rehabilitation I 4. methods. Field observation during rehabilitation to ensure correct rehabilitation methods and any necessary modifications. 5. Final acceptance of rehabilitation and determination of whether rehabilitation is complete or additional effort is required. 6. Determining hours of actual contractor field work for billing purposes. 7. Supporting contractor during post-rehabilitation pumping test for determination of specific capacity. PART 2 PRODUCTS 2.1 Filter pack replacement. Acceptable products include: Colorado Silica 8 x 12 filter sand or approved equal. 2.2 Surfactant. Acceptable products include: Bariod Aqua-Clear PFD or approved equal. PART 3 EXECUTION 3.1 Well 2R and Well 7 Rehabilitation A. This section describes the tasks and sequence of work required to rehabilitate Wells 2R and Well 7. These tasks must be performed separately for each well. The actual sequence may vary in the field, in confirmation with Well 2R and 7 Rehabilitation (2019) Well Rehabilitation March 2019 02520-1 I the hydrogeologist. Tasks are as follows and are referenced elsewhere in the specifications. 1. Mobilization and preliminary work , a. See sections 01354 and 01570 for staging, equipment setup, site constraints, site security, erosion control, environmental protection and other requirements before well redevelopment work can begin. 2. Remove existing well pump, column, and appurtenances. ' a. Prior to removing well pump, City staff will take the well off- line and disconnect all electrical and control connections. b. The Contractor shall remove the well pump, column, electrical cable, and appurtenances. The well column, electric cable, and appurtenances shall be presented to City and hydrogeologist for inspection and determination of whether these items must be replaced. c. Dispose of all pump-related items as directed by the City. The Contractor is responsible for obtaining any permits and coordinating disposal. d. Landfill and any permit fees associated with disposal of old pumping equipment and appurtenances will be reimbursed from Force Account. 3. Perform pre-rehabilitation video inspection a. The hydrogeologist will be on-site during the video 111 inspection to evaluate the condition of the well and determine whether modifications to the rehabilitation method are required. 111 b. Ensure wells are adequately flushed prior to video to maximize clarity. 4. Remove sand, silt and other loose material from the bottom of the well. a. Both turbid water and solids brought to the surface from this process shall be disposed in the wastewater storage tanks or equivalent. 5. Clean the well casing using a wire brush to remove scale and 1 formations. 6. Mechanically surge the well. a. Use rubber disk surge block attached to a cable-tool drill stem b. Typical cycle of 15 minutes through each 2-foot screen interval; record quantity of material generated by each interval. To be adjusted as needed by the hydrogeologist. 7. Replace filter pack in annular space. a. As directed by the hydrogeologist, replace the filter pack Well 2R and 7 Rehabilitation (2019) Well Rehabilitation March 2019 02520-2 I Imaterial in the annular space. b. Material payment to be per Force Account. I8. Place and surge surfactant in well to loosen fine clay and silt materials. I a. Allow surfactant to disperse and remain in the well for duration to be determined by the hydrogeologist. b. Material payment to be per Force Account. 9. Continue mechanical well surging as directed by the hydrogeologist. The hydrogeologist will determine when surging activity may cease. I 10. Perform post-rehabilitation video evaluation and/or inspection. a. Remove any remaining sand, silt, and solids from the bottom of the well until the water is clear as accepted by the I b. hydrogeologist. Provide additional information as requested by the hydrogeologist, including quantity/trend of sand production I c. and condition of the water in the well (turbid vs. clear). Hydrogeologist may request additional rehabilitation based on the results. I d. Hydrogeologist may request post-rehabilitation video inspection. If a subcontractor is used for this service, cost shall be reimbursed via Force Account. 1 11. Disinfection and step-rate testing. a. City will obtain sample for laboratory bacteriological test per AWWA Standards. I b. Upon receipt and acceptance of test results, perform step-rate testing as directed by the HYDROGEOLOGIST for determination of pump performance requirements. Ic. Start work at the other well unless already completed. 12. Purchase and install the new pumping equipment. Ia. See Sections 01010 and 11076 for requirements. IEND OF SECTION I I I I Well 2R and 7 Rehabilitation (2019) Well Rehabilitation IMarch 2019 02520-3 1 I WELL PUMPING EQUIPMENT SECTION 11076 , PART 1 GENERAL 1.1 Summary of Pumping Equipment Purchase Requirements P q A. This section includes a description of the permanent pump equipment for Well 2R and Well 7 and purchasing requirements. B. Related sections. 1. 01025—Measurement and Payment 2. 01300 — Contractor Submittals 3. 01600 — Products, Materials, and Equipment 4. 02520 —Well Rehabilitation C. After step-rate testing at each well, the Owner will determine the I performance requirements for the new pumping equipment. The new pumping equipment will be similar in size and type to the existing pumping equipment. D. The Owner shall supply a specification to the Contractor for obtaining quotations and purchasing the new pumping equipment from a I vendor. E. The Contractor shall obtain quotations from minimum of two (2) suppliers in order to ensure competitive bidding and maximize cost savings for the City. Submit the quote and product technical data sheets (shop drawings) for all items to be purchased for evaluation by the City. 111 F. The purchase shall also include valves, piping, power cables, conduit and related appurtenances as necessary to provide a complete 111 pumping equipment system. These items will be included in the purchasing specification as necessary. G. Payment for purchase of pumping equipment and appurtenances is described in the Measurement and Payment section. H. Ensure timely submittal of quotes to maintain project schedule. I. Installation and startup of the permanent pumping equipment and appurtenances shall be paid under a separate bid item. J. Upon project completion and prior to final payment, the Contractor shall submit O&M information for all the equipment items purchased and installed. I Well 2R and 7 Rehabilitation (2019) Well Pumping Equipment March 2019 11076-1 i PART 2 PRODUCTS (not used) PART 3 EXECUTION (not used) 3.1 Upon delivery and verification of pumping equipment, install new puming equipment (and reused existing items) per manufacturer's recommendations to provide a complete, operating well pumping system. 1 3.2 City staff to make electrical and control wiring connections and perform any SCADA coordination. 1 3.3 Contractor to conduct startup testing of pumps. Coordinate with the Owner as needed. 1 3.4 See Section 01010 for time requirements and penalties associated with this task. I END OF SECTION I I I I I I I I i Well 2R and 7 Rehabilitation (2019) Well Pumping Equipment March 2019 11076-2 I I APPENDIX A I CONSTRUCTION FORMS I I 1 I I I I I I I I I 1 I I 1 I 1 I I I I This page intentionally left Blank I I 1 I I I I I I I I ACCEPTANCE OF COMPENSATION & RELEASE OF ALL CLAIMS I <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. I <CONTRACTOR> By: Date: Title: I I Certificate of Notary Subscribed and sworn to before me this day of _ 1 t I I I I 1 1 1 1 I I U O 7 Lr • a) I- 1-' cc O E Z Z II m _ U C a) To .f >, E cca m n CO E � � < U °' U)- a 5 1 P N c m n U o Z a) () o a c ct o Z p > E r .4 o m Y ((_:j U > 15 N Q E o 0 0 0 9 U w m o IO = rU a a) Cl Ce c c c o ° E .c O d Y O O �' N 0- co W O. Z � � yoo OU U Cn -- w U O 0 `. 0 a O 2 0 U > i� o a` 0 E U• U p N a) O a O_ c c N N O a) • 5 O' O- N N To• - co 0 N N a a) a7 N L_ E E E c .° 3 1 0 To O c -, O @ @ O E E 0 0 o a N N O C Q L E N N C O a) (n N OU O o) O) O _ C C N N E, Z L >. , c ti E c c c c:.) 0 3 ° • C O "6 aN v v p O O a C cu C .N s c -o U U N C . N tic a )CD N o u z_ ° ° a O o N o c >, 0 U U y °o r ° E m N -6) ) a .O O_ > N CUON 0 O ° ° p O U a) a) T_U) O -5 a) N N -° ° a o o U) ' m a g 0 a 0 ou• oU - ° 0 o -O E L °a co To P co "O d m a> H 0 cn • N (0 .@ m N - N 0 y Z a) E E > a) U a) E ° o `O a - I O a C a) -O L 15. U N E w .�.. O) N (6 N N O a (a 'c ° 0 0 3 LL U L 3 a) N O U O > Y U d .N W - ' .. -O -O L L c- U w N w ° °' F g m C7 - y c O a) coaS m W R) c @ Cr) 0 0 w a 0 a ' ) p o c' r ro o E c ▪ E 2 ce .5 C > o > m ° a) '- a) 7 O a7 X co a .N. 7 • U C ci 12- - w >, r o r 4 c a) ° v) @ _� o 0 o X E d a m I CO 1, > U 1i @ > N Y o Y @ @ y 0 O (� �..� a .0 co U L E C• N _ d v i - C O 3 O UO o - .. — a YO )) N N C U) N N U T U G U O L C w F" •m E o m 3 .o (U m C E ° V o 17"V ° ° o d U Z O > Q E c U CC U ° o) .o)- m r I I O T T 1 d i 0) CZ O C D 0 1ii N .C(t -u) C p m a "cis' 2E n u) o T U o ,- N O n .O co• > U D ,n L CS) c o 0 0 O 0 0 U T Y 0 -0 o Q Ca T.5 a) 06 u) 0) 0 O oN ami c a> a) Q cn a) ro .5 Z ' C= 0 i 0 Ta E2 i 0 73 o O I _ y. T i 0 . m c 5 0 O ui O ro O (.) O I c_ CU Q . C 0 a i C u) - 00 0 0 0 I c 2 cu C. J 4.0 Cr O Z Q. 0 O oa C CC a E n o O C ++ wz w iOC .5'- • a O a) 4:1)E •> O o _ o L- 0 m .. O V O 0 GO) L1 Z >, .0 •�. 0 v C •crioo i i 1 CITY OF BREMERTON REQUEST FOR INFORMATION CITY Of BREMERTON Log No. (Unique, Chronological) Project Title: Project No.: ' Contractor: _ Contract Date: (For Contractor's Use) Date: Subject: Information Description: I I 1 Contractor's Authorized Signature: I (For Owner's Use) Date: Subject: Information Description: 1 I Owner's Authorized Signature: I I Project Name I CITY OF BREMERTON Project#: WORK CHANGE DIRECTIVE (WCD) Contractor: Notice to Proceed Date: WCD #: Date: I YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): I I I I ATTACHMENT(S): I If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order is based thereon will involve one or more of the following methods of determining the effect of the change(s). The Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of the General Conditions. Method of determining change in Contract Price: Method of determining change in Contract Times: Unit Price I I Contractor's Records I Lump Sum I I Engineer's Records Time & Materials I Other: I I Other: Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: II $ I Substantial Completion: 0 days; If the change involves an increase, the estimated Ready for final payment: 0 days; amount is not to be exceeded without further If the change involves an increase, the estimated times authorization. are not to be exceeded without further authorization. RECOMMENDED: AUTHORIZED: I CONTRACTOR CITY OF BREMERTON By: By: 111 PAGE 1 OF 1 I 1 APPENDIX B WELL 2R INFORMATION f 1 i 1 1 1 1 1 1 f 1 1 I t 1 1 1 1 This page intentionally left Blank 1 1 1 t I NOBLE IINC.BUSH GROUNDWATER&ENVIRONMENTAL SCIENTISTS I September 8, 2005 1 °R/c/NA Ned Lever, P.E., Project Manager Cityof Bremerton I �, Department of Public Works and Utilities Water Resources Division I 3027 Olympus Drive Bremerton, WA 98310-4799 I Subject: Anderson Creek Wellfield Improvements Project Task 7, Well 2R Rehabilitation and Testing Report IDear Ned, Robinson, Noble & Saltbush, Inc. is pleased to provide this report on the rehabilitation and testing of I Anderson Creek Production Well 2R for the City of Bremerton (City). Located as shown on Figure 1, Well 2R was drilled in 1989 to a depth of 275 feet in the City's Anderson Creek well field, as detailed in Robinson & Noble, Inc.'s May 1989 report, City of Bremerton Well 2R at Anderson Creek Well Field. As shown on Figure 2, the 16-inch well was completed in the shallow artesian aquifer (SAA) I with an 8-inch pipe size well screen assembly installed with a filter-sand pack between the depths of 190 and 265 feet below ground surface (bgs). Pumping interference with Well 3 and decreasing efficiency caused the City to schedule Well 2R for rehabilitation. 111 VIDEO INSPECTION IOur scope of work included video inspection of the well after the pump was removed. Hokkaido Drilling, Inc. provided the labor and equipment to remove the existing submersible turbine pump and I redevelop the well. On October 7, 2004, Well Scan Inc. conducted a video inspection of the 16-inch well casing and 8-inch well screen assembly. The video inspection showed the 16-inch well casing and the 8-inch, stainless-steel well screen to be in very good physical condition. We recommended I surging with a wire brush in the screen assembly riser and screen before redevelopment with a surge block. We also observed about three feet of sand and scale in the five feet of tail pipe. IREDEVELOPMENT I Robinson, Noble & Saltbush's hydrogeologist outlined procedures for Hokkaido and observed the redevelopment and testing. Hokkaido began the redevelopment process by bailing out the tailpipe with a sand-pump bailer. Cleaning the well casing with a wire brush started on October 7'h. The I sand pack started dropping and was down to within one foot of the top of the well screen before the first day's cleaning was complete. Colorado silica sand size 8-12 was used to replace the Monterey Aqua 8 sand in the 12 to 16-inch annulus. Redevelopment continued with the cable-tool drill rig surging a rubber-disc surge block in fifteen minute cycles through each two-foot length of screen. 1 3011 South Huson Street,Suite A Tacoma,Washington 98409 • (253)475-7711 • Fax:(253)472-5846 e-mail: mail@robinson-noble.com I September 6, 2005 Page 2 I We requested the introduction of a dispersant soap into the well screen to loosen the fine clay and silt particles in the aquifer and allow them to be developed out of the water-bearing formation. Hokkaido installed a tremmie pipe to the top of the well screen assembly and injected a mixture of Baroid's Aqua-Clear PFD according to the manufacturer's instructions. Aqua-Clear PFD is a phosphate-free, concentrated liquid-polymer dispersant that provides superior mud and sediment removal from the producing formation and filter pack. The mixture was surged into the well screens and allowed to remain in the well over the weekend and during additional surge runs. The soap significantly increased production of fine aquifer materials that were removed from the well during the redevelopment process. The pack sand continued to drop during the final stages of redevelopment. Development was determined to be complete on October 20' after the pack sand only dropped one foot during the last day of surging. A total of 97 cubic feet of CSS 8-12 sand was added to the sand pack. Hokkaido bailed the well until the water was clear, chlorinated the water column in the well, and I then re-installed the submersible pump. PUMPING TEST I Hokkaido re-installed the submersible pump in Well 2R with two one-inch PVC water level sounding I tubes. The tubes are capped at the bottom with holes drilled for a few feet above the bottom of each tube. The water was pumped to waste until clear before a water sample was obtained and analyzed for coliform bacteria. Once a clean sample was confirmed, the discharge was directed into Pump I Station 2 for distribution to the City's water system. Well 3 was pumping approximately 430 gpm at the beginning of the Well 2R test. The Well 2R pump was started on March 9th and monitored by our hydrogeologist for the first 140 minutes. At a pumping rate of 840 gpm, we recorded 35 feet of drawdown indicating a specific capacity of 24 gpm/ft of drawdown. This was exceptional from a well that was originally reported in 1989 to have a specific capacity of 8.5 gpm/ft after 140 minutes of testing at 1,000 gpm. We continued to monitor Well 2R while conducting other improvements to wells in the Anderson Creek Wellfield. Figure 3 is a semi-log plot showing the results of 60 days of pumping Well 2R. Water levels in Well 2R were monitored manually during most of the test with one week's recovery monitoring done with an electronic data logger and transducer. i The static water level in Well 2R was measured at 41.67 feet below the top of the one-inch sounding tube at the start of the test. Well 2R typically flows if the SAA wells are allowed to recover for a sufficient period of time. Test results are shown on Figure 3 and in Table 1 below. Table 1 1 Discharge Rate Elapsed Time Drawdown Specific Capacity 840 gpm 140 minutes 34.64 feet 24.25 gpm/ft I 820 gpm 1,090 minutes - 87 feet 9.4 gpm/ft. 740 gpm 60 days 110 feet 6.7 gpm/ft. I Robinson, Noble&Saltbush, Inc. #1104-007A I I September 6, 2005 Page 3 Transmissivity ITransmissivity (T) is the permeability for the full-aquifer thickness and is equivalent to the amount of 1 water flowing through a vertical, one-foot wide strip of the aquifer in one day (under unit gradient). It II is normally calculated from drawdown and recovery patterns. The aquifer T at Well 2R is calculated using the Jacob/Theis, modified, non-equilibrium formula from the pumping rate and the first 140 minutes of the slope of the drawdown graph as shown in Figure 3. I We estimate the average transmissivity for the SAA channel in the Anderson Creek wellfield at Well 2R is about 48,000 gallons per day per foot (gpd/ft). However, tests of all SAA wells in the Anderson Creek wellfield show that their cones of depression reach hydraulic boundaries of lower I transmissivity sediments within 24 hours, causing the drawdown slopes to steepen. As shown on Figure 3, as the slope steepens and the pumping water level becomes deeper, well yield declines. IFINDINGS AND RECOMMENDATIONS I Video inspection showed the well to be in very good physical condition and free of any type of bacterial contamination. Redevelopment with cable-tool surge and bail techniques and a phosphate- free dispersant removed the fine sand and silt from the aquifer surrounding the well screens. During Ithe process 97 cubic feet of pack sand had to be added to the annulus. The successful redevelopment process increased Well 2R's original specific capacity (24-hour) value I of 7.9 gpm/ft at 1,000 gpm to 9.4 gpm/ft at 820 gpm. As shown by the 60-day continuous pumping period, the cone of depression around Well 2R strikes a low permeable boundary within the first day of pumping. Over time, as the pumping water level deepens, the well yield drops from an initial flow 1 rate of 840 gpm to about 740 gpm after 60 days pumping. However, Well 3 was also pumping for the first 41 days of the test, initially producing 430 gpm and declining to 390 gpm by the time it was shut off. IWe recommend the City continue to monitor Well 2R's discharge rate, total production, and static and pumping water levels at the normal bi-weekly interval and record the results in the City's data I management system for annual review. A more detailed analysis of the results of the long term pumping test of Well 2R in the SAA will be presented in the Anderson Creek Wellfield Evaluation Report. IPlease call if you have any questions or need additional information. Sincerely, II ' • ,n, Noble & Saltbush, I . Oi Nash% DouglasCs C'Dovv, L.HG. , 1.1 '�` Senior Associate Hydrogeologist/Project Manager ;- I enclosures Hydrogeoiogisl C. 258 ` Cgo /0 C3,0`3 I I DOUGLAS C. DOW IRobinson, Noble&Saltbush, Inc. #1104-007A i -_ .m �'tr 't>' at'Io ' d y r'' - ti y, ,-. _ 7 ,...2:4_,-; ;;; ___/../.. . .... _ ,„,:.„.......,,, .. ,. _r'" .'fl.�' d/,1,„:„.„..,„- , „ �`.• i;l..,` .elf _ .N ri ^^'' .'. as +C rJ wy t,roo0O il 1 le 1 ,...Y I ,D3 i .• q • . r (""........., J�J. r% • r Piles.- . ° 0 _---� I ,`„`'` ,, �Y ci . Ns.). 4. • WELL 8 --`' • _ --_`- '.� • ----lit •• i -..----w.+ "'a ( A k i .`i..,,s').(%;....1', e .I'f r' / 1`= J `4 U. _ ....,....WELL / ' 44 , ' WELL 5 i' ,,. + . { • nr -II_' - !WELL 6R i +WELL 6 (Abandoned) I ,,./ , . `' . ,� � , -- ��, F ' 5 WE( LL 2 `� � a ea ant 46 6---;--7-::::,-------7/--- , WELL 3 r ` ,{ WELL 1 (Abandon) fr' s • " I $` '%II'`, WELL 2R/ i' f ' ELL F - _. \�,..- 'I�. ,....,,,,_,,,,,./ -•-. p s ,t^q'.r r',. �.-� t "ir`'S`i i. r p 'C X. f ' LL � �` �-�WE 4 ,. li %tip WELL N1 ,, .c {_ _,4 + _ "� f .-. (Abandoned) . r /� ,..""„-,a} f ,« # IY 74. 5a i f e 1 rrFr'' , e' �.F ...+" t i r" �'f r�I ff , w r r e'er + +",F'fJ ti 'Fes„ 4 t . '' 1 ir„"'..ti.+�.^"` E w~ k ; .).i ! ,,,r..-J"r r�'¢ 7-7;,/,', '✓ •,• r i I J! /1 [ r P I ij ) ) . /, 7�}[ f J. J(/CJs/ �" \j{) f 4. I t './ tr" ----) d 7-- -- 'y D{ j+,� /fff':,4`+.. 'i /-1-i\- ‘N__,4_____:-\‘, \):\)! 1 lb) / \\,,,,,,t‘ /tin:, , , if; ,, .,--1,- ,,,,,,, - r, 7/ _.., .., ,,,,,,, / ..,,,/ ,, ,, i , 4.4" ( 7 ,,,,2,i 1 , t f ti i a S 4 :-„, , 4, /r...L.___,.... , ( . ., / lf N ) i i 14,1 ..7'-'"''''-f,,,,-*-'4' i tti 6 1 ",9/./ ...."/ 1. i if/ * i ; t 0 i 1 / ; i tit/ . i IL . Z 1 I /+I ` I,. I 1 /4, a 1 1 �I ,�+ ' ,11/ € : '.,/ if _ ,- :#.' f yy /ii, A./i ,,,, 1 .,..../. et.). ).t if/ / /**,, (. ti ‘,....„, 1 A ,/,-.1V / 71 i . INOBLE .SH ROBINSON NOTE:BASEMAP SCALE 1"=1000' Figure 1 TAKEN FROM USGS T 24 N!R 1 E 33 BREMERTON WEST Wellfield Location Map N - ''\ `'"Th Se�'IxS''''f'''\TATS QUAD. KITSAP COUNTY City of Bremerton:Anderson Creek Wellfield Improvement I ICONSTRUCTION DETAILS GEOLOGIC LOG 11 2.4' STICKUP EL. 20' ^r- -- _ • - - BROWN CLAY • SURFACE SEAL - - 8ICONCRETE Y WATER LEVEL 13.45' 4/12189 _ _ 20' --- GRAY CLAY WITH OCCASIONAL GRAVEL I NOTE: WATER LEVELS RANGE _ FROM +5' TO 40' DEPTH DEPENDING ON FIELD -` PUMPING CONDITIONS -- -_ qq42' GRAY SAND 1 GRAVEL,SOME WATER I — .F14AI •-` VV '----- GRAY GREEN CLAY SOME GRAVEL& WOOD 18-INCH CASING AL..--7-- I - -•-`• 87' GRAY SANDY CLAY SOME GRAVEL & WOOD e`•�96' GRAY SILT & FINE SAND -7.-- -7.--7- -:-.-=-=- GRAY STICKY CLAY I --- - 131' I - - GRAY CLAY - 168 TOP OF 12-INCH RISER WITH'J' SLOT r I _- -____ c I • 165'it-INCH TO 8-INCH REDUCER -. 190' _�T l 19TH GRAY CLAY 1 GRAVEL • 192- • S-INCH PIPE SIZE STAINLESS STEEL WELL SILTY SAND A GRAVEL • •• SCREEN. .030-INCH BLOT SIZE • a > ALIGNMENT GUIDES (TYP) • . •• FILTER PACK MONTEREY AQUA 8 =- 254' CLAY LAYER • 265' _ �1e-NCH DRIVE SHOE d CASING REMNANT 2T3GRAY CLAY I 2 275' TOTAL DEPTH ROBINSON PM: DCD Kitsap County Figure 2 NOBLE V67 September 2005 T 24 NIR 1 E - 33 Construction Detail and Geologic Log for Well 2R ,N6. :ROUNDwAtFAhENViRONLIFNTALSQENT1Sf� 11.04-007C City of Bremerton:Anderson Creek �- C m f O 4- -00 = 1 Qo 0 U • O (/) wd6 Oqq le/sal moo qZ Hi.Ilam o JJo pawnl£iiam ----► - 0) - C a. • wd60bL=t) it i 13 • • i N I O • i O ! - o !! O ( I • • : • i • N I iwd6 OZ8=D ^ j• • C irn r • M O .c p _.i _. _ .. .. .. -. ! .. O • ` - f rn i. . t. _ 1 i I - a) I - i . - O f E_ - Q a) C a) o • h- 1 t i Q o Lf) 76I U O a o 'tn II 'rI E co a E • • f E - CC CO f I N � Ii r. i _ (U wd60g8=D E -• ti O • O . _ O d M 111 I - r O (Y) • • ,_ U . - ZOO JD 1- • - N 11 • d),Ii :,;,,,, i I I I I I 1 I I I 1 i I E -i 1 I I I 1 1 I I 1 r O ...IU azo v 0U) 0 CD 0 00) 0 0 O 0 0 o 0 " " ' CD N cr)r V r r rJ a CU Jaiem of y4de0 o O 0 U xz I s 0 Z ii r U II 1 I SUBMERSIBLE OUTLINE I1 DATE , /z Z`i) WELL# -72. II_ll SURFACE PLATE OD ITH'K 11 DISCHARGE I t WELL AND ' =,!ELBOW SURFACE PLATE , 1 !� PUMP INFO: IMAKE # OF STAGES _7-(Y ICOLUMN III GPM /.2.72- 1-'''.__ _ 2 M TDH I 1 COMMENTS: 1 P9/-S - Ze-,/e7 1 OVERALL j 1 I 7,,.,,--le./ // Cr7o 2 LENGTH tel I /''' 7 L ' I¢ ' �, r i` / BOWLS `� O r MOTOR INFO: I PUMP t,/-r+ 1111 MAKE t� It HP .SO 1 RPM .'''! VOTAGE y5O „IliAMPERAGE {7 .71111 MOTOR 7!S S/N A/.. X�JNI,�:' M/N /D, SS 72, ,/ • MOTOR i COMMENTS: ...-7-' -... WELL LC/. /S'y 1 i , 1 _ 1, , r._ Ti -1�. 1 _ •I well column outline i I DATE 1/5/2006 irk WELL# 2R JOB# October 22 2004 A IIII I PUMP NOMENCLATURE: MAKE Byron Jackson I MODEL 11 MOL GPM 800 COLUMN COLUMN TDH 138 170'4" DIAMETER ADDITIONAL INFORMATION: A 6" s/n 891-5-Z487 I V I V ♦ 1- OVERALL 1 #OF LENGTH STAGES MOTOR NOMENCLATURE: 182" 3 MAKE Byron Jackson v i ♦ MODEL 10.55.72.4.1 S/N n/a PUMP HP 50 4' 8" VOLTAGE 460111 ♦ AMPERAGE 65 full load ADDITIONAL INFORMATION: / \ M/N 10.55.72.4.1 1 I LAI I MOTOR 7' C 41 WELL DATA: IKtIV DEPTH CASING DIA. 273' 16" CABLE SIZE #4 1 COMMENTS: I 2 - 1" sensing lines to top of pump assembly 170' 5" Well column = 8 - 21' long X 6" diameter galvinized pipe lengths. I I APPENDIX C j WELL 7 INFORMATION l This page intentionally left Blank L 1 1 1 1 1 I NOBLF SALTBUSH 1 . I NA C.t � ,�. GROUNDWATER&ENVIRONMENTAL SCIENTISTS I July 22, 2005 °R f f') I Ned Lever, P.E., Project Manager IG/NA City of Bremerton 1 Public Works & Utilities 3027 Olympus Drive Bremerton, WA 98310 ISubject: Anderson Creek Wellfield Improvements Task 5 Report on the Reconstruction of Well 7 1 Dear Ned, I The City of Bremerton, Department of Public Works & Utilities, Water Resources Division (City) started the Anderson Creek Wellfield Improvements Project in 2004. The purpose of the project is to maximize the safe withdrawals from the Anderson Creek wellfield. Well 7 had a history of producing sand and was selected for reconstruction to stop sand production. I A water right certificate G1*05570C (3728) was issued for Well 7 on 4/15/60 for 450 gallons per minute (gpm) and 700 acre feet per year (af/yr). The well is located in the NE4 of the SW4 of I Section 33, Township 24 North, Range 1 East, in Kitsap County in the Anderson Creek watershed as shown on Figure 1 . Robinson, Noble & Saltbush, Inc. provided the technical specifications for the project and Hokkaido Drilling Inc. was selected as the City's reconstruction Contractor. 111 Because Well 7 was constructed in 1945, it does not meet the surface seal requirements set forth in WAC 173-160-231 . The construction details for Well 7 are shown on Figure 2. Well 7 is I completed in the deep artesian aquifer at a depth of 629 feet (elevation about 580 feet below sea level). However, during a reconstruction, under WAC 173-160-231 (6) the driller is required to install a surface seal to a depth of 18 feet where one did not previously exist. IWe requested a variance from the Washington State Department of Ecology (Ecology) to the requirement to install a surface seal during this reconstruction. As shown on Figure 2, there is 24- 1 inch casing installed to a depth of 100 feet. The geology for the area shows about 300 feet of clay on the surface. Well 7 is normally shut in with artesian pressures greater than 15 pounds per square inch. There is a concrete pad in place around the wellhead including plumbing and power Iconduits. We believe the clay that exists outside of the 24-inch casing is providing a good surface seal because no leakage has been observed on the surface around Well 7 and it has been operating for 59 years with no problems except the sand production. On December 8, 2004, IEcology approved our variance request (enclosed) and the City proceeded with the reconstruction. Well 7 was drilled in 1945 by the N.C. Jannsen Drilling & Mfg. Co. to a depth of 627 feet using 1 the fluid-rotary method. As shown on Figure 2, they installed 24-inch casing to a depth of 100 feet. The original graphic well log suggests that the annulus between the 24-inch and 16-inch casings may be sealed with cement. The 16-inch well casing was installed in the open borehole and 1 gravel packed from 627 feet up to 100 feet. Pre-cut horizontal perforations were made in the 16- 1 301 1 South Huson Street,Suite A Tacoma,Washington 98409 • (253)475-7711 ■ Fax:(253)472-5846 e-mail: mail@robinson-noble.com 1 Well 7 Reconstruction Report July 22, 2005 1 Page 2 E inch steel casing from 465 to 627 feet. This well originally produced 1,080 gpm with 68 feet of 1 drawdown. Free flow was measured at 450 gpm before the well test in 1945. Sometime later and for an unknown reason, additional perforations were made in the 16-inch casing between 110 and 135 feet and a 12-inch vertically slotted liner was set into the bottom of the 16-inch well from 619 to possibly 629 or more feet. Video inspection in 1990 showed that about 100 gpm was flowing out of the well through these upper perforations. The well was reconstructed in 1990 to stop this flow from the deep into the shallow aquifer by placing the 10- inch liner and seal constructed as shown on Figure 2. However, the well continued to make sand on startup and had to be flushed for several hours before the water could be put into the system. I As part of the Anderson Creek Wellfield Improvements Project, Robinson, Noble & Saltbush recommended that Well 7 be reconstructed to supply sand-free water by installation of a sand packed, well screen assembly as shown on Figure 2. The grain size analysis for a sample of sand obtained from the bottom of Well 7 on November 4, 2004 is enclosed. The sand particle size for the sample obtained is 91 percent greater than 0.012 inches. The sand pack design selected by our hydrogeologist utilized Colorado Silica Sand (CSS) size 8-12 which did not allow any of the natural sand to pass into the 8-inch well screen assembly. During the 2004 video inspection conducted prior to the reconstruction, an open void could be I seen outside of the 12-inch vertically slotted liner in the bottom of the well. We were concerned that the filter sand was too fine and would flow outside of the liner into the void in an unknown (``__ quantity. Therefore we installed ten feet of pre-packed stainless-steel well screen (details enclosed) between 619.5 and 630 feet and supported it with 1/4 by 1/2-inch gravel that would not flow out through the vertical slots. The (as built) screen design for Well 7 is listed below in Table 1. Table 1: Well 7 Reconstruction Screen Assembly Details Item Top Bottom Comments (feet BGS) (feet BGS) I Riser 405 430 8-inch pipe with Centralizer at top 0.040-slot screen 430 440 CSS 8x12 filter sand 405 to 611.5 Blank 440 475 Centralizer 0.040-slot screen 475 485 Blank 485 495 Centralizer 0.040-slot screen 495 505 - Blank 505 515 Centralizer 0.040-slot screen 515 525 Blank 525 535 _ Centralizer 0.040-slot screen 535 545 Blank 545 555 Centralizer 0.040-slot screen 555 565 Blank 565 585 Centralizer 0.040-slot screen 585 610 Blank 610 619.5 Gravel backfill 611.5 to 630; Centralizer 0.040-slot pre-pack screen 619.5 630 1 Notes: All screens are 8-inch pipe size except the pre-pack screen which is 7.2-inch OD and 6-inch ID. l All screens are Type 304 stainless steel,v-wire construction with extra column and collapse strength. All measurements are referenced to ground surface at the time of well construction. I 1 Well 7 Reconstruction Report July 22, 2005 Page 3 Ii The Contractor installed extra column and collapse strength well screens because of the 8-inch pipe size assembly's 225 foot length. The assembly is placed inside the 16-inch well casing and I supported with CSS size 8-12 filter pack placed in the annulus. Clean and graded pea-gravel is placed around the pre-pack screen from 630 to 611 .5 feet. The reconstruction of Well 7 under Task 5 of the Anderson Creek Wellfield Improvements Project I was completed by Hokkaido Drilling Co. A copy of the Water Well Report Form sent to Ecology is enclosed. The submersible pump was replaced in Well 7 and it is now pumping about 340 gpm of sand-free I water. This is about a 20 percent reduction from the 430 gpm the well was producing before the reconstruction. This reduction was anticipated and the City should consider installation of a larger Ipump in Well 7 to fully utilize the 450 gpm water right. Please call if you have any questions or need additional information. ISincerely, Robin • • Noble & Sattbush, Inc. � o� VVash• 'h. Douglas C. Dow, L.HG. :..ptiteltboi_ r Senior Associate Hydrogeologist/Project Manager ` Il enclosuresNydrogeologist %•(Sd ,0 I j DOUGLAS C. DOW I 1 I I 1 I I t FIGURES ' t�tion" -a . , .• i _, ...,- ,,,,,, ,,/,, ....,,,,_ .i...... ...... .,‘,..*,,,:.. i !L iij / o f . 1 N A . vffGG ^• hliii t ' 4 . % 1,11-, ::7.................„/1 R4 "' � III .fr' 7• � I il ni . • 1x+ �f0 �J � � 00° kii 000 /firff kt rr /' t - -../ \ ,A2 - f3- I-v er, py 00 PP. ► oo 3 ,t.....#.--y_-;;;/„... ..„.„0, . . - . ..„... - -.. , .. - . ...- . .e7p-...-.. .0, - - 5 - '''''''.\,...,,,.-,---- . . ,..,:,, -- - ..,,•: -..i_.,,,,,c,,,77,-7..,,,,-;;;%,, . `+ �° r ° t .Cr ,,, `"' of I -? �ww��•i!!. , ... • '- s *4 i ! , 1,irk, r, .,a i r . t„ .11P * • 4 -3?-iies,.. ,,,,,go-r, • '''''' Il 17,:td:// , .K.4:4::.:1 s r � � r'f� ���tsr t ' '',1'01.� - .� ,r wf• 'WELL 8- ��s ... - `= "----,4r* �� - s ,f'gp,"ykJ.A� ire *1 F .� �r f�_* *�� / / • �liAr^ f✓ .1 « fi ec ./.. .,t c * _r I tar i� «_...`� +M Js7JyJ f (:)-‘i - �/ • F� L r WELL 5 ' «s ,01_,-/, ,:mELL 7' F I ,, tr , //fill' * �.,- �. � /' ,rf f� i , I .. �W an ed" ' �`""' �'�°� • ��. WELL 6R_ ELL6{Ab don ) � �,� t 1 .4.* « 4Mf1t mfr , ' .}� WELL' 2 "t', 2 ,. �t -- " `=�t' WELLE3 r!� WELL 1 (Abandons X,,= �* `"-C -. `� I 'WELL 2R ° � � I • � "" `y,=. "��\k( f,' WELL 1#R�) t , t , ; , / � � I - i �, .. `';'''''JH‘ _ � _ >,):\C i r .,,/ bt, 4 WELL 4 Q , 7. 7 �r WELL 1 ' Ai itiol \-.,:\'..::';./, ,. `W- ,�l . ,,--, (Abandoned) f 1,\. \ ? 9* sit r f f I I /ft it t,f5)/ I '1.,,,`•- , 7.'"---'**-^/ �r 11 ,�"` t 10, «d jar, i) Oltt .„,-----'-\ t I /--:-------/ it• ,*;,'''t f r'l k .1 is ft ) # I 1 1 i '...i ilifr--_, ... i 14 -.7., —— — 7 i i - . 4 ____. 4,,,,.1\ 1,, T&`" "7,7 , j ' t:Jr, . iir )„,- .,/„ 1 /-*-- '-, ./ I I ' 77 - ...., _,----,„„„\\ \, , I ft ( 'I ( -- if 0 i _Jif 4-', i _/' ' / I / i ', i .- ,+ }r1I Y ..#: '---- -) Ilii 0)1/.12"\\ 1 \iv i 1 J ,d/f tt t ,-....-Lit r ' r r-t� "t r , i. ,r if _f r I 1•:� .,/ � ,/,'/ f 1 PN3P_. s' ' 4 ' ' / II c ()V' //,/::, . ''''' I)/ ,.. fj JJ i 2 ,i y J f 14 *PI (.1 (� 0 /I i' „/,,,,,,i 4. 0 , i / , \ , 1 , , 1 i . Ili 7/ ' ,,,,/ 4T1Ni 1 �/ If / (d f f' f r• f ` r { t` 'N if i i. //bp/ I 6/r . . �llexN1) ) . ,,, ''''to i ir . t'� :.+". tit if r RO B I N SO N NOTE:BASEMAP SCALE 1"=1000' Figure 1 TAKEN FROM USGS Wellfield Location Map 1 --- swi.reusrr T 24 N/R 1 E - 33 NOBLE Ixc BREMERTON WEST (:&X WB:'ATER&EV,IRONME?T.AL X.IENTI,T QUAD. KITSAP COUNTY City of Bremerton:Anderson Creek Wellfield Improvement I 0- a• SURFACE SEAL f.' CEMENT 5024--INCH CASING TOT I 100' 10-INCH CASING TO NOTE: •••••198.-- ---..„ FOR CLARIFY THE LEFT SIDE OF 100'- • --- WELL DRAWING SHOWS WORK 16-INCH CASING WITH •• • I -- FROM TIME OF CONSTRUCTION PERFORATIONS-----1---%,-;-.1 I (1945) AND RECONSTRUCTION I 110'-135' ".:: iii OF (1990). --- THE RIGHT SIDE SHOWS WORK 150'- t:.:t,i PERFORMEND IN 2005. PEA GRAVEL AND——--"•-: BENTONITE BACKFILL ,.•S SEAL FROM 140'-200' • . 200'- SUBMERSIBLE PUMP IS 216' OF 6-INCH PIPE, MOTOR AND 14-INCH CASING AND - BOWLS ARE 15' LONG, SEAL TO X200' • INSTALLED WITH TWO, 3/4" SOUNDING TUBES (PVC) 250'- GRAVEL BACKFILL-� 1 : FROM 100'--627' I 300'- '.•- 350'- -.• •• WELL SCREEN ASSEMBLY I 405'-630' (SEE NOTE) 400'- F:••ALIGNMENT GUIDES, 10-INCH O.D. (TYPICAL 8 PLACES) I ••• I PERFORATED INTERVALS —=_____:::7-.,.7.::-... -� FILTER PACKS 405'-630' 450'- 425'-435', 465'-627' r:-. (SEE NOTE) I. ::: .. i i i i- NOTES: i i :•: WELL SCREENS AT 430'-440', ' I 1 I I I '")::::• 475'-485', 495'-505', : 500'- • 1 I 1 I •:• : = 515'-525', 535'-545', I I I .: .: 555'-565', 585'-610' ARE y•• III I 40-SLOT (0.040-INCH OPENING) I I I— - :: 8-INCH PIPE SIZE, TYPE 304 � 1 I I :::::: STAINLESS STEEL. • 1 I 1 I CHANNEL PACK SCREEN IS 550'- I I I :,' ' 40-SLOT (0.040-INCH OPENING) i- 7.2-INCH OD.x6-INCH ID., TYPE i "" 304 STAINLESS STEEL. 1 1 I I )::-:: ••• 1 1 1 i• FILTER PACK FROM 405'-611.5' 600'- BOTTOM OF 16 INCH • 1 1 1 IS 8`x12" COLORADO SILICA y, I 1 SAND PRODUCT. PACK FROM CASING AT 627' I I I I 611.5'-616' IS 1/4-INCH PEA ' 1 1 1 I GRAVEL. PACK FROM 616'-630' I I I \:f is 1/4"x1/2" PEA GRAVEL. 12-INCH CASING CHANNEL PACK SCREEN 650'- 619'-629' (SEE NOTE) ® ROBINSON T z4 N/RD1 E-33 Figure 2 NOBLE'^"'�" 1107007A Reconstruction of Well 7 `"` of Bremerton:Anderson Creek Wellfield 6£ON � N 9ATER Y£NRONNUQAL ICIINMI4 May 2005 City APPENDIX ECOLOGY - " '- -- -- unique cculugy reel:.1L 1 ag'Nu. r"1 ri i] / •---.—. Construction/DeconlnliSsiOn('z"in circle) Construction Water Right Permit No. // 7 E C' I a Decommission ORIGINAL CONSTRUCTION Notice of Intent Number C/iletletUft property Owner Name ' / d/?7 G t 'ROPOSED USE: ❑Domestic 0 Industrial Municipal Well Street Address 013gt_7t de,r-s4nrL/-4Z/,&/$ i ❑De Water EI Irrigation 0 Test Well DOther /1 Ey City .0 ___z ��cl County: A%71_52 ) 'E OF WORK:rcOwners number of well(if more than one) 11--r-/l 7 EWM circle ❑New Well thReconditioned Method:❑Dug ❑Bored ❑Driven Location A.2. -1/4- 1/4 ,mowl/q Sec,�3 Twnc e";/ R�� or one ❑Deepened . ®Cable ❑Rotary ❑Jetted Lat/Long: W Wlvt Lat Deg NA Lat Min/Sec /kr/ DIMENSIONS: Diameter of well AR- inches,drilled G (s,t,r still, ft. REQUIRED) Long Deg A/A Long Min/Sec A/".--V i Depth of completed well aaL 7 ft. CONSTRUCTION DETAILStA4,- .' p f; /do fr `Tax Parcel No. � �-Yo/` ,SCS S`zoos" Casing Welded /e, " Diam.from Q ft.to /3.5- ft CONSTRUCTION OR DECOMMISSION PROCEDURE Installed: Diam.from Q ft.tom? ft. Formation:Describe by color,character,size of material and structure,and the it ❑Liner installed /y kind and nature of the material in each stratum penetrated,with at least one 0 Threaded zZ " Diam.from 7F p9- ft.to�oft. entry for each change of information.Indicate all water encountered. Perforations: 'Yes RE No (USE ADDITIONAL SHEETS IF NECESSARY.) Type of perforator used t//1-k"dc�r . MATERIAL FROM TO SIZE of perfs in.by in.and no.of perfs from ft.to ft. I Screens: EYes ❑NoK-Pac Location lf��+�;sf,Ter,UC't ON Manufacturer's Name tA,Lytort.. �f���I `""JQ�,- � �' Type sd yy�cr ,K4 C'j 4 ( Model No. I Diam.a't/ S"Slot Size et' V<C)from ft.to ft. /73 ----/6 f") — jg Diana. Slot Size from ft.to ft. / �`y-,;� // Gravel/Filter packed: 03 yes ❑No ❑Size of gravel/sand /</2.. /_d-L2 5fi tS.n- 47-1-C27.-L-rr ;#t c' i Materials placed from ft.to ft. _ lie Vett- P,t Surface Seal: Ci Yes ❑No To what depth? A.4 ft lie./V 1 lai7 , Materials used in seal _ ere/ i Did any strata contain unusable water? ❑Yes ❑No Type of water? Depth of strata ]�t ?!'Ctrlc4/4ort.. Method of sealing strata off v3 tie' PUMP: Manufacturer's Name /,4I Type: H.P. WATER LEVELS: Land-surface elevation above mean sea level ft. Static level ft.below top of well Date Artesian pressure /5 lbs.per square inch Date / 7//y/0 Artesian water is controlled by (cap,valve,etc.) WELL TESTS: Drawdown is amount water level is lowered below static level. Was a pump test made?❑Yes MINo If yes,by whom? Yield: galimin.with ft.drawdown after hrs. Yield: galJmin.with ft.drawdown after hrs. Yield: gal./min.with ft.drawdown after hrs. I Recovery data(time taken as zero when pump turned off)(water level measured from well top to water level) TimeWater Level Time Water Level Time Water Level a Date of test Bailer test gal/min.with ft.drawdown after hrs. I Airtest gal./min.with stem set at ft.for hrs. Artesian flow g.p.m. Date Temperature of water Was a chemical analysis made? Yes ❑No Start Date /2//y/e)," Completed Date /17/05- WELL CONSTRUCTION CERTIFICATION: I constructed and/or accept responsibility for construction of this well,and its compliance with all Washington well construction standards.Materials used and the information reported above are true to my best knowledge and belief. , 14Driller 0 Engineer ❑Trainee Name(Print) .(20, .%.-..,--1 (✓U irx� Drilling Company //b/<)'C lck &'/Zi�5 .. Driller/Engineer/Trainee Signature / C' " /7 eC"�yfr✓ Address ie6 iTCX /G() I Driller or Trainee License No. f7-3 -7 City,State,Zip ,-/LLpi- ( C'tJ p�.5'� '". 1 Contractor's 'fort's s If trainee,licensed driller's Registration No. '01 7/n Date 7//3�el5 Signature and License no. Ecology is an Equal Opportunity Employer. ECY 050.1-20(Rev 4/01) 1 9y isse I STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office • 3190 160th Avenue SE • Bellevue, Washington 98008-5452 • (425) 649-7000 1 December 8, 2004 CERTIFIED MAIL 7003 1010 0005 0446 7101 Mr. Douglas C. Dow Robinson &Noble, Inc. 5320 Orchard Street West Tacoma, WA 98467 Dear Mr. Dow: RE: Variance request from Washington Administrative Code(WAC) 173-160-231 1 (6), which requires a driller to install a surface seal to a depth of 18 feet during reconstruction of a well, if one does not currently exist. The well (Anderson Creek Well 7) is located near the community of Gorst, WA, in the NE '/4 of the 1 SW 'A of Section 33, Township 24N, Range 1E, Kitsap County. Water right certificate: G1 * 05570C (3728). 1 I am writing in response to your request for a variance to the Minimum Standards for Construction and Maintenance of Wells [Chapter 173-160 Washington Administrative Code(WAC) and specifically with WAC 173-160-231 (6)]. The formal variance request was received by the Department of Ecology via USPS on November 24, 2004. You are requesting a waiver from the water well drilling regulations to reconstruct a water well without installing an 18-foot surface seal. This well was constructed in 1945 and was not constructed with the surface seal standards that are required today. Installing a surface 1 seal during reconstruction would offer no real change in protection to health as there are significant health safeguards already in place. These safeguards include: the area around has limited access and is protected, there is a concrete pad around this 23-inch casing, the geology of the site provides for 300 feet of clay from the surface down and is normally shut in with artesian pressures of 15 pounds per square inch indicating a significant seal already exists. After careful consideration, a variance is hereby granted in accordance with WAC 173-160-106 to allow for reconstruction of the well without installing an 18-foot surface seal. This variance is granted under the following conditions: I I Variance Request Page 2 I. A "Notice of Intent to Construct/Reconstruct a Water Well" (Start Card) must be submitted for the well to the Department(Olympia address) at least seventy-two (72) hours prior to starting the well reconstruction along with associated fee. 2. A Well Report describing the reconstruction for the well and a copy of this variance I shall be submitted to the Department (Northwest Regional Office)within thirty(30) days after completing the work. I This Order may be appealed pursuant to RCW Chapter 43.21B. Any person wishing to appeal this Order must file an appeal with the Pollution Control Hearings Board within thirty(30) days of receipt of this Order. Send the appeal to: Pollution Control Hearings Board,P.O. Box 40903, Olympia, Washington 98504-0903. At the same time, a copy of the appeal must be sent to: Department of Ecology, Water Resources Appeals Coordinator, P.O. Box 47600, Olympia, Washington 98504-7600. An appeal alone will not stay the effectiveness of this decision. Stay requests must be submitted in accordance with RCW 43.21B.320. I Your attention to these laws and regulations, and cooperation with the Department of Ecology in this matter, is appreciated. Please telephone Trevor Contreras at(425) 649-7044 if you have any questions concerning this variance. DATED this Ste`day of [- , 2004, at Bellevue, Washington I Sincerely, Daniel L. Swenson l Section Supervisor Water Resources Program DLS:TC:ct cc: Bill Lum,Kitsap County Health District, 109 Austin Drive,Bremerton,WA 98312 1 Ned Lever, City of Bremerton Public Works, 3027 Olympus Drive, Bremerton,WA 98310 Trevor Contreras,NWRO WR "I certify that I mailed this letter or an identical copy thereof, postage prepaid, to the above addres e(s) hi. 8"da of , 2004." (Signature) I I I I i Grain Size Calculations Job City of Bremerton I IJob# 1104-007C Depth Well 7, 625 ft. Calculations Weights Percentage 0.9 0.7 0.4 0.750 0 0% 0 0 0 0.375 0 0% 0 0 0 M '/+ 0.157 0.093 0 0 0% 0 0 0 0 m a) 0/0 0 0 0 rn _ 0.047 5 3% 0 0 0 �, n 0.023 30 20% 0 0 0.018771 m 0.017 72 48% 0.012148 0.014477 0 io E _ 0.012 136 91% 0 0 0 r _ 0.006 149 100% 0 0 0 I ¢ _ 0.003 149 100% 0 0 0 0.001 149 100% 0 0 0 I Depth D10 D30 D60 Well 7, 625 f 0.012 0.014 0.019 l IGrain Size Distribution a% I I , 10% I 20% . 30% I ai 40% C co I50% au U I a 60% - 70% I80% --- 90% 100% 0.001 0.010 0.100 1.000 I Grain Size(in.) I - Robinson & Noble, Inc. I �_� 304S5 PREIPACKED SCREENS 'Johnson scree' -" y5, - -r ..•.,;„., BROCHURE-ENV-5101 1, I X f �pJb Typical Applications o-R 1■ Recovery and monitoring wells involving Heaving,caving sands -Silty, fine sand formations Contaminants aggressive to PVC C ■ Horizontal or angled wells ■ Minimal borehole sizes I Q) -:R, -In known contaminated wells For well depths to 1,000 feet CO v =V Easy, Low Cost Installation s ■ Allows smaller borehole sizes, which reduce drilling costs ■ Eliminates time required to install a fine I '� filter pack w _ ■ Reduces cuttings disposalI f 111 r`eft Faster Well Development ,i i i° • Offers about six times the open area compared 13 . > to slotted pipe .-1P.a1a 1-13--;I,,N,:7,,,l,t, '' ■ Minimizes screen slot lu in and dr wells . p gg g Y • Clears wells faster because there are no voids in the fine filter pack ■ Allows vigorous development without losing the pack f 1---- '"- . 1 t tIV Representative Samples IiII ■ Provides clear,sediment free samples ■ Permits water to enter at lower entrance I velocities with reduced turbidity ., ■ Reduces sampling time I 1 I- I : Standard Features a Vee-Wire design for maximum open area and minimumlu ing P gg� b i Resistance-welded support rods and V-shaped wire for exceptional strength to resist installation and development stresses Ia SCH 40 ASTM F480 flush threads with Viton 0-rings provide leak roof joints P a Pre-packed with uniform, clean,re-sieved silica sand • Individually cleaned and hermetically sealed in a 7-mil protective bag to eliminate contaminants Product Options • Custom-designed filter packs a Other fittings, such as weld rings, NPT threads,plate bottoms, direct attached points (2"and 4" only) a Additional diameters, lengths and materials available • Also available in PVC Specifications Pipe Diameter Open Area(Sq.in.pt.)`' Strength Size Standard 9 h O.D. II.D. Length o 40 x 60 Pack 20 x 40 Pack 10 x 20 Pack Collapse`' Tensile' Hanging Wt (in.) l(rt.1 It) (8 Slot) (12 Slot) (20 Slot! (p.s.i.) (lbs.) (lbs.) 6,000 2.400 2 Inch 3.63 2.00 2.5,5,10 10.9 15.5 23 2 1.500 5,400 4 Inch 5.67 4.00 2.5,5,10 20.1 28.5 42.8 600 13,000 6 Inch 7.20 6.00 2.5,5,10 29.3 41.6 62.4 200 19,200 3,500 I a.Clear I.D.s are dimensions with fittings attached d.Tensile is based on area of inner screen rods. b.Lengths are measured shoulder-to-shoulder. are sed e.Hanging weight is maximum weight that can be hung from top screen. c.Open areas and collapse are based on inner screen. I Ir• IFor more information: WHEELABRATQ4 r- - Engineered System: I . _I Johnson screens" IP.O. Box 64118 0 1993 A WHEELABRATOR TECHNOLOGIES COMPANY St.Paul, 55164 6121636-3399 00 WELL COLUMN OUTLINE DATE 20051 drili WELL # 7 JOB # A 1111 i PUMP NOMENCLATURE: MAKE Byron Jackson MODEL 8HQH8STG ♦ GPM 300 COLUMN COLUMN TDH 211' DIAMETER ADDITIONAL INFORMATION: I ♦ S/N 90150443 I ♦ I ♦ i IT I OVERALL 1 # OF LENGTH STAGES MOTOR NOMENCLATURE: 226' 8 MAKE Byron Jackson I A MODEL 10-5648-4-1 ♦ S/N n/a PUMP 1 ' HP 50 g' VOLTAGE 460 ♦ AMPERAGE 65 FLA. ADDITIONAL INFORMATION: uuuunua T, • I tkevet we Ac MOTOR 7 WELL DATA: j e/ DEPTH CASING DIA. y !Oil\:4 CABLE SIZE WELL ID # COMMENTS: 2 3/4' sounding tubes extend from surface plate to top of pump bowls = 211' Bottom of tubes are fitted with 10' of slotted screen and threaded end plugs. II created by TD t E ACCPREP® CERTIFICATE OF LIABILITY INSURANCE DATE(MM DD YYYY) `—"--- 5/17/2019 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: Debra Powell Arthur J. Gallagher Risk Management Services, Inc. PHONE P.O. Box 2925 (A .No.Ext:253-627-7183 (A/c /C ,No):253-572-1430 Tacoma WA 98401-2925 E-MAILDSS: Debra Powell@ajg.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Alaska National Insurance Company 38733 INSURED INSURER B:Navigators Specialty Insurance Company 36056 Holt Services Inc. dba: Holt Drilling Services , 10621 Todd Road East INSURERC: Edgewood, WA 98371 INSURERD: n r% INSURER E: 0� � S. D I R V\�`7 INSURER F: COVERAGES CERTIFICATE NUMBER:794616922 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY /f Y 19CPS10096 3/18/2019 3/18/2020 EACH OCCURRENCE _ $1,000,000 DAMAGE TO RENECLAIMS-MADE X OCCUR•V�/ PREMISES Ea occur ence) $300,000 MED EXP(Any one person) $10,000 Y PERSONAL&ADV INJURY $1,000,000 {���_ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY X 28-- LOC PRODUCTS-COMP/OP AGG_ $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY 19CAS10096 3/18/2019 3/18/2020 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURYaccident) EVIL AUTOS ONLY _ AUTOS (Per $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ A X UMBRELLA LIAB X OCCUR 19CLU10096 3/18/2019 3/18/2020 EACH OCCURRENCE _ $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE _ $10,000,000 DED RETENTION$ $ A WORKERS COMPENSATION 19CWS10096 3/18/2019 3/18/2020 X PER X OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER CA/OR/NM/WA ANYPROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N/A V/ $1,000,000 / (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 vo It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Pollution Liability SF18ECP0A3YJTIC 3/18/2018 3/18/2020 Occurrence 5,000,000 Aggregate 5,000,000 Deductible 10,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) *10 days cancellation notice for nonpayment of premium/30 days cancellation notice for all other reasons. Project: Well 2R&7 Rehab RE: The City of Bremerton is named as an additionI' sured with respects to the work performed by the named insured per a written contract agreement. Endts attached. Explosion,Collapse and Undergrou d perils are included. USL&H is included under the Workers Compensation policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bremerton . 345 6th St., Suite 100 Bremerton WA 98337 AUTHORIZED REPRESENTATIVE 41 mow. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Alaska National zei INSURANCE COMPANY BLANKET ADDITIONAL INSURED ENDORSEMENT if THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to 2. The insurance provided to the additional insured include as an insured any person or organization does not apply to"bodily injury", "property damage", (herein referred to as an additional insured), but only if or"personal and advertising injury" arising out of an you are required to add that person or organization as architect's, engineer's, or surveyor's rendering of or an insured to this policy by a written contract that is in failure to render any professional services effect prior to the "bodily injury", "property damage", or including: "personal and advertising injury", a, the preparing, a rovin or failingto prepare The insurance provided to the additional insured is or approve maps, drawings, opinions, reports, limited as follows: surveys, change orders, design or spec- 1. That person or organization is only an additional ifications; and insured for its vicarious liability for your acts or b. supervisory, inspection, or engineering ser- omiss ions in the performance of"your work". vices. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. Countersigned By ANIC GL 703 07 01 Alaska National INSURANCE COMPANY BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Various provisions in this endorsement restrict SECTION IV — Business Auto Conditions, coverage. Read the entire policy carefully to Paragraph A. 5. — Transfer of Rights of Recovery determine rights, duties, and what is and is not Against Others To Us is amended to include: covered. 5. Transfer of Rights of Recovery Against Throughout this policy, the words "you" and "your" Others to Us refer to the Named Insured shown in the Declarations. The words "we", "us", and "our" refer to This condition does not apply to any the company providing this insurance. person(s) or organization(s) to the extent that subrogation against that person or Other words and phrases that appear in quotation organization is waived prior to the "accident" marks have special meaning. Refer to SECTION V— or the"loss" under a contract with that person DEFINITIONS in the Business Auto Coverage Form. or organization. The coverages provided by this endorsement apply SECTION II — COVERED AUTO LIABILITY per "accident" and, unless otherwise specified, are COVERAGE, Paragraph A.2.a. (2) —Supplementary subject to all of the terms, conditions, exclusions and Payments is replaced by the following: deductible provisions of the policy, to which it is attached. (2) Up to $10,000 for cost of bail bonds (including bonds for related traffic law SECTION II — COVERED AUTO LIABILITY violations) required because of an COVERAGE, Paragraph A.1. Who Is An Insured is "accident"we cover. We do not have amended to include: to furnish these bonds. d. Any "employee" of yours while operating SECTION II — COVERED AUTO LIABILITY an "auto" hired or rented under a COVERAGE, Paragraph A.2.a. (4) —Supplementary contract or agreement in an "employee's" Payments is replaced by the following: name, with your permission, while performing duties related to the conduct (4) All reasonable expenses incurred by of your business, the "insured" at our request, including actual loss of earnings up to $500 a e. Any person or organization for whom you day because of time off from work. have agreed in writing to provide insurance such as is afforded by this Coverage Form, but only with respect to liability arising out of the ownership, maintenance or use of"autos"covered by this policy. If such person or organization has other insurance then this insurance is primary to and we will not seek contribution from the other insurance. ANIC CA '1150 10 13 Page 1 of 4 Alaska National INSURANCE COMPANY c. "Loss" caused by falling objects or SECTION II — COVERED AUTO LIABILITY missiles. COVERAGE, Paragraph A.2.c.—Voluntary Property Damage is added as follows: However, you have the option of having glass breakage caused by a covered "auto's" c. Voluntary Property Damage collision or overturn considered a "loss" under Collision Coverage. At your written request, we may make a voluntary payment for Property Damage Glass Repair—Waiver of Deductible caused by an "insured", but without liability to a third party, up to $25,000, We No deductible applies to glass breakage, if will not make a Voluntary Property the glass is repaired rather than replaced. Damage payment to anyone who is an "insured" under this policy. SECTION III -- PHYSICAL DAMAGE COVERAGE, Paragraph A.4.a. — Transportation Expenses is SECTION III — PHYSICAL DAMAGE COVERAGE, replaced by the following: Paragraph A.2. —Towing is replaced by the following: a. Transportation Expenses Towing We will pay up to $200 per day to a We will pay up to $500 for towing and labor maximum of $1,500 for temporary costs incurred each time a covered "auto" transportation expense incurred by you that is a: because of the total theft of a covered "auto"that is a: a. Private passenger; (1) Private passenger; b. Truck; (2) Truck; c. Pick-up truck; (3) Pick-up truck; d. Panel ; or (4) Panel; or e. Van type vehicle under 20,000 lbs. of Gross (5) Van Vehicle Weight is disabled. However, the type vehicle under 20,000 lbs. of Gross labor must be performed at place of Vehicle Weight. We will pay only for disablement. those covered "autos" for which you carry • SECTION III — PHYSICAL DAMAGE COVERAGE, either Comprehensive or Specified Paragraph A.3. — Glass Breakage — Hitting a Bird Causes of Loss Coverage. We will pay or Animal — Falling Objects or Missiles is replaced for temporary transportation expenses by the following: incurred during the period beginning 48 hours after the theft and ending, Glass Breakage—Hitting a Bird or Animal regardless of the policy's expiration, Falling Objects or Missiles when the covered "auto" is returned to use or we pay for its"loss". If you carry Comprehensive Coverage for the damaged covered "auto", we will pay the following under Comprehensive Coverage: a. Glass Breakage; b. "Loss" caused by hitting a bird or animal; and ANIC CA 1150 10 13 Page 2 of 4 zt Alaska National INSURANCE COMPANY (2) Specified Causes of Loss only if the SECTION III — PHYSICAL DAMAGE COVERAGE, Declarations indicate that Specified Paragraph A.4.b. — Loss of Use Expenses is Causes of Loss Coverage is provided replaced by the following: for the "auto" withdrawn from service; or b. Loss of Use Expenses— Hired, Rented, (3) Collision only if the Declarations or Borrowed Automobiles indicate that Collision Coverage is provided for the "auto" withdrawn We will pay expenses for which an from service. "insured" becomes legally responsible to pay for loss of use of a vehicle hired, SECTION III — PHYSICAL DAMAGE COVERAGE, rented or borrowed without a driver under Paragraph A.4.d. — Airbag Coverage is added as a written rental contract or agreement. follows: We will pay for loss of use expenses, if caused by: d. Airbag Coverage (1) Other than Collision, only if the We will pay for the cost to repair, replace, Declarations indicate that or reset an airbag that inflates for any Comprehensive Coverage is provided reason other than as a result of a for the vehicle withdrawn from collision, if the Declarations indicate that service. the covered "auto" has Comprehensive Coverage or Specified Causes of Loss (2) Specified Causes of Loss only if the Coverage. Declarations indicate that Specified Causes of Loss Coverage is provided SECTION III — PHYSICAL DAMAGE COVERAGE, for the vehicle withdrawn from Paragraph A.4.e. — Rental Reimbursement service. Coverage is added as follows: (3) Collision only if the Declarations e. Rental Reimbursement Coverage indicate that Collision Coverage is provided for the vehicle withdrawn We will pay up to $75 per day for rental from service. reimbursement expenses incurred by you for the rental of an "auto" because of However, the most we will pay for any "loss"to a covered"auto"that is a: expenses for loss of use is $200 per day, to a maximum of$1,500. (1) Private Passenger; SECTION III — PHYSICAL DAMAGE COVERAGE, (2) Truck; Paragraph A.4.c. —Non-Transportation Loss of Use Expenses is added as follows: (3) Pick-up truck; c. Non-Transportation Loss of Use (4) Panel; or Expenses (5) Van We will pay up to $2,000 for non- transportation expense incurred by you, type vehicle under 20,000 lbs. of Gross because of "loss" to a covered "auto", if Vehicle Weight. Payment applies in caused by: addition to the otherwise applicable amount of each coverage you have on a (1) Other than Collision, only if the covered "auto". No deductibles apply to Declarations indicate that this coverage. Comprehensive Coverage is provided for the"auto"withdrawn from service; ANICCAI 150 10 13 Page 3 of 4 .- Alaska National INSURANCE COMPANY (1) We will pay only for those expenses SECTION IV — BUSINESS AUTO CONDITIONS — incurred during the policy period Paragraph B,5.b. — Other Insurance is replaced by beginning 24 hours after the "loss" the following: and ending, regardless of the policy's expiration, with the lesser of the b. For Hired Auto Physical Damage following number of days: Coverage, the following are deemed to be covered "autos" you own: (a) The number of days reasonably required to repair or replace the (1) Any covered "auto" you lease, hire, covered "auto". rent, or borrow; and (b) 30 days. (2) Any covered "auto"" hired or rented by your "employee" under a contract (2) This coverage does not apply while in that individual "employee's" name, there are spare or reserve "autos" with your permission, while available to you for your operations. performing duties related to the conduct of your business. (3) The Rental Reimbursement Coverage described above does not However, any "auto" that is leased, hired, apply to a covered "auto" that is rented or borrowed with a driver is not a described or designated as a covered covered "auto". "auto" on Rental Reimbursement Coverage Form CA 99 23. SECTION V — DEFINITIONS — Paragraph C. — "Bodily injury" is replaced by the following: SECTION IV -- BUSINESS AUTO CONDITIONS — Paragraph B.2. — Concealment, Misrepresentation Or C. "Bodily injury" means bodily injury, sickness or Fraud is amended by adding Unintentional Failure disease sustained by a person including death or to Disclose Hazards at the end of Paragraph B.2. as mental anguish resulting from any of these. follows: Mental anguish means any type of mental or emotional illness or disease Unintentional Failure to Disclose Hazards If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12;01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. 2 Countersigned By © Insurance Services Office, Inc., 2009 ANICCA11501013 Page4of4 Alaska National INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY COVERAGE ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Various provisions in this endorsement restrict (b) Not being used to carry persons or coverage. Read the entire policy carefully to property for a charge. determine rights, duties, and what is and is not covered. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B, Paragraph 1.b. is replaced by the following: Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the b. Up to $10,000 for cost of bail bonds required Declarations. The words "we", "us", and "our" refer to because of accidents or traffic law violations the company providing this insurance. arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. Other words and phrases that appear in quotation We do not have to furnish these bonds. marks have special meaning. Refer to SECTION V— DEFINITIONS in the Commercial General Liability SUPPLEMENTARY PAYMENTS—COVERAGES A Coverage Form. AND B, Paragraph 1.d. is replaced by the following: The coverages provided by this endorsement apply d. All reasonable expenses incurred by the per"occurrence" and, unless otherwise specified, are insured at our request to assist us in the subject to all of the terms, conditions, exclusions and investigation or defense of the claim or suit, deductible provisions of the policy, to which it is including actual loss of earnings up to $500 a attached. day because of time off from work. NON-OWNED WATERCRAFT AMENDMENT SECTION II —WHO IS AN INSURED, paragraph 2.e. is added as follows: A. If endorsement CG 21 09, CG 21 10, CG 24 50, or CG 24 51 is attached to the policy, Paragraph e. Any person(s) or organization(s) (referred to A. 2. g. (2) (b) is replaced by the following: throughout this coverage form as vendor) for whom you have agreed in writing to provide (b) A watercraft that you do not own that insurance such as is afforded by this is: coverage form but only with respect to "bodily injury" or "property damage" arising out of (i) Less than 50 feet long: and "your products" which are distributed or sold in the regular course of the vendor's (ii) Not being used to carry persons business. or property for a charge. However: B. If Paragraph A. does not apply, Paragraph g. (2) of 2. EXCLUSION under SECTION I — (1) The insurance afforded to such vendor COVERAGES, COVERAGE A — BODILY only applies to the extent permitted by INJURY AND PROPERTY DAMAGE LIABILITY law; and is replaced by the following: (2) A watercraft that you do not own that is: (a) Less than 50 feet long; and ANIC GL 1162 12 15 Page 1 of 4 Alaska National INSURANCE COMPANY (2) If coverage provided to the vendor is (1) The exceptions contained in Sub- required by a contract or agreement, the paragraphs d. or f.; or insurance afforded to such vendor will not be broader than that which you are (2) Such inspections, adjustments, tests or required by the contract or agreement to servicing as the vendor has agreed to provide for such vendor. make or normally undertakes to make in the usual course of business, in With respect to the insurance afforded to connection with the distribution or sale of these vendors, the following additional the products. exclusions apply: This insurance does not apply to any insured The insurance afforded the vendor does not apply person or organization, from whom you have to: acquired such products, or any ingredient, part or container, entering into, accompanying or a. "Bodily injury" or"property damage"for which containing such products. the vendor is obligated to pay damages by reason of the assumption of liability in a SECTION II --WHO IS AN INSURED, paragraph 2.f. contract or agreement. This exclusion does is added as follows: not apply to liability for damages that the vendor would have in the absence of the ' f. Any person(s) or organization(s) for whom contract or agreement; you have agreed in writing to provide insurance as is afforded by this coverage b. Any express warranty unauthorized by you; form but only with respect to liability arising out of the ownership, maintenance or use of c. Any physical or chemical change in the that part of the premises leased to you by product made intentionally by the vendor; such person(s) or organization(s). d. Repackaging, except when unpacked solely This insurance does not apply to: for the purpose of inspection, demonstration, testing, or the substitution of parts under (1) Any "occurrence" which takes place after instructions from the manufacturer, and then you cease to be a tenant in that repackaged in the original container; premises. e. Any failure to make such inspections, (2) Structural alterations, new construction or adjustments, tests or servicing as the vendor demolition operations performed by or on has agreed to make or normally undertakes behalf of such person(s) or to make in the usual course of business, in organization(s). connection with the distribution or sale of the products; However: f. Demonstration, installation, servicing or repair (1) The insurance afforded to such additional operations, except such operations insured only applies to the extent performed at the vendor's premises in permitted by law; and connection with the sale of the product; (2) The coverage to the additional insured g. Products which, after distribution or sale by will not be broader than that which you you, have been labeled or relabeled or used are required by the contract or agreement as a container, part or ingredient of any other to provide for such additional insured. thing or substance by or for the vendor; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: ANICGI. 11621215 Page2of4 " . Alaska National INSURANCE COMPANY SECTION III -- LIMITS OF INSURANCE, Paragraph SECTION IV—COMMERCIAL GENERAL LIABILITY 6. Is replaced by the following: CONDITIONS — Paragraph 4. — Other Insurance is amended to add: 6. Subject to Paragraph 5. above, the Damage to Premises Rented to You Limit is the most we will • d. Primary and Noncontributory Insurance pay under Coverage A for damages because of "property damage" to any one premises, while This insurance is primary to and will not seek rented to you, or in the case of damage by fire, contribution from any other insurance while rented to you or temporarily occupied by available to an additional insured under your you with permission of the owner. policy provided that: If a limit is shown for Damage to Premises (1) The additional insured is a Named Rented to You the most we will pay under Insured under such other insurance; and Coverage A for damages because or "property damage" to any one premises is the Limit shown (2) You have agreed in writing in a contract in the Declarations or $500,000, whichever is or agreement that this insurance would greater. be primary and would not seek contribution from any other insurance SECTION III — LIMITS OF INSURANCE, Paragraph available to the additional insured. 7. Is replaced by the following: This Paragraph d. supersedes any provision 7. Subject to Paragraph 5. above, the Medical to the contrary in Paragraphs a. through c. Expense Limit is the most we will pay under above. Coverage C for all medical expenses because of "bodily injury"sustained by any one person. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS — Paragraph 6. — Representations is If a limit is shown for Medical Expense in the replaced by the following: Declarations the most we will pay under Coverage C for all medical expenses because of 6. Representations "bodily injury" sustained by any one person is the Limit shown in the Declarations or $15,000, By accepting this policy, you agree: whichever is greater. a. The statements in the Declarations are SECTION III — LIMITS OF INSURANCE, the accurate and complete; following is added: b. Those statements are based upon With respect to the insurance afforded to the insureds representations you made to us; and described in Paragraphs 2.e. and 2.f. of Section II -- Who Is An Insured, if coverage provided to such c. We have issued this policy in reliance upon insured is required by a contract or agreement, the your representations. most we will pay on behalf of such insured is the amount of insurance: The unintentional omission of, or unintentional error in, any information you provided to us (1) Required by the contract or agreement; which we relied upon in issuing this policy will or not prejudice your rights under this insurance. However, this provision does not affect our right (2) Available under the applicable Limits of to collect additional premium or to exercise our Insurance shown in the Declarations; rights of cancellation or nonrenewal in accordance with applicable laws and regulations. whichever is less. This provision shall not increase the applicable Limits of Insurance shown in the Declaration. ANIC GL 1162 12 15 Page3of4 Al" Alaska National INSURANCE COMPANY SECTION IV—COMMERCIAL GENERAL LIABILITY SECTION V — DEFINITIONS — Paragraph 3. — CONDITIONS--is amended to add Paragraph 10. "Bodily Injury" is replaced by the following: • 10. Blanket Waiver of Transfer • of Rights of "Bodily injury" means bodily injury, sickness or Recovery Against Others disease sustained by a person including death or mental anguish resulting from any of these. Mental We waive any right of recovery we may have anguish means any type of mental or emotional against any person or organization as required in illness or disease a written contract because of payments we make for injury or damage arising out of "your work" done under a written contract. The waiver applies only to the person or organization required by written contract and then only if the contract requires you to obtain this agreement from us. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. Countersigned By Includes copyrighted material of Insurance Services Office, Inc., with its permission ANIC GL 1162 12 15 Page 4 of 4 74, Alaska National INSURANCE COMPANY ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT — AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to A person's or organization's status as an additional include as an additional insured any person(s) or insured under this endorsement ends when their organization(s) from whom you lease equipment contract or agreement with you for such leased when you and such person(s) or organization(s) equipment ends. have agreed in writing in a contract or agreement B. With respect to the insurance afforded to these that such person(s) or organization(s) be added as additional insureds, this insurance does not apply to an additional insured on your policy. Such person(s) any "occurrence" which takes place after the or organization(s) is an insured only with respect to equipment lease expires. liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole C. With respect to the insurance afforded to these or in part, by your maintenance, operation or use of additional insureds, the following is added to equipment leased to you by such person(s) or Section III—Limits Of Insurance: organization(s). The most we will pay on behalf of the additional However, the insurance afforded to such additional insured is the amount of insurance: insured: 1. Required by the contract or agreement you have 1. Only applies to the extent permitted by law; and entered into with the additional insured; or 2. Will not be broader than that which you are 2. Available under the applicable Limits of required by the contract or agreement to provide Insurance shown in the Declarations; for such additional insured. - whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. Countersigned By ©Insurance Services, Office, Inc., 2012 CG 20 34 04 13 it Alaska National INSURANCE COMPANY DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All Projects Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences" under Section I — Coverage A, and expenses shall reduce the Designated for all medical expenses caused by accidents Construction Project General Aggregate Limit under Section I — Coverage C, which can be for that designated construction project. Such attributed only to ongoing operations at a single payments shall not reduce the General designated construction project shown in the Aggregate Limit shown in the Declarations nor Schedule above: shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated construction project designated construction project, and that limit shown in the Schedule above. is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, except General Aggregate Limit shown in the damages because of "bodily injury" or Declarations, such limits will be subject to the "property damage" included in the "products- applicable Designated Construction Project completed operations hazard", and for medical General Aggregate Limit. expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 Page 1 of 2 zip . Alaska National INSURANCE COMPANY B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "products-completed operations hazard" is "occurrences" under Section I — Coverage A, and provided, any payments for damages because of for all medical expenses caused by accidents "bodily injury"or"property damage" included in the under Section I — Coverage C, which cannot be "products-completed operations hazard" will attributed only to ongoing operations at a single reduce the Products-completed Operations designated construction project shown in the Aggregate Limit, and not reduce the General Schedule above: Aggregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned and under the General Aggregate Limit or the then restarted, or if the authorized contracting Products-completed Operations Aggregate parties deviate from plans, blueprints, designs, Limit, whichever is applicable; and specifications or timetables, the project will still be 2. Such payments shall not reduce any deemed to be the same construction project. Designated Construction Project General E. The provisions of Section III -- Limits Of Insurance Aggregate Limit. not otherwise modified by this endorsement shall continue to apply as stipulated. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. Countersigned By © Insurance Services Office, Inc., 2008 CG 25 03 05 09 Page 2 of 2 Alaska National INSURANCE COMPANY DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): Locations scheduled on the Commercial General Liability Declarations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences" under Section I — Coverage A, and expenses shall reduce the Designated for all medical expenses caused by accidents Location General Aggregate Limit for that under Section I — Coverage C, which can be designated "location". Such payments shall not attributed only to operations at a single designated reduce the General Aggregate Limit shown in "location"shown in the Schedule above: the Declarations nor shall they reduce any 1. A separate Designated Location General other Designated Location General Aggregate Aggregate Limit applies to each designated Limit for any other designated "location"shown "location", and that limit is equal to the amount in the Schedule above. of the General Aggregate Limit shown in the 4. The limits shown in the Declarations for Each Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Location General Aggregate You and Medical Expense continue to apply. Limit is the most we will pay for the sum of all However, instead of being subject to the damages under Coverage A, except damages General Aggregate Limit shown in the because of"bodily injury" or"property damage" Declarations, such limits will be subject to the included in the "products-completed operations applicable Designated Location General hazard", and for medical expenses under Aggregate Limit. Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits"brought; or c. Persons or organizations making claims or bringing"suits". CG 25 04 05 09 Page 1 of 2 Alaska National INSURANCE COMPANY B. For all sums which the insured becomes legally D. For the purposes of this endorsement, the obligated to pay as damages caused by Definitions Section is amended by the addition of "occurrences" under Section I — Coverage A, and the following definition: for all medical expenses caused by accidents "Location" means premises involving the same or under Section I — Coverage C, which cannot be connecting lots, or premises whose connection is attributed only to operations at a single designated "location"shown in the Schedule above: interrupted only by a street, roadway, waterway or right-of-way of a railroad. 1. Any payments made under Coverage A for E. The provisions of Section III — Limits Of Insurance damages or under Coverage C for medical not otherwise modified by this endorsement shall expenses shall reduce the amount available continue to apply as stipulated. under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Location General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. Countersigned By © Insurance Services Office, Inc., 2003 CG 25 04 05 09 Page 2 of 2 ENDORSEMENT NO.: 4 Effective 12:01 AM Std Time: Issued to: Holt Services Inc. Policy Number: Company:Navigators Specialty insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS ENDORSEMENT (PRIMARY NON-CONTRIBUTORY} 1. It is hereby agreed that the persons or entities scheduled below qualify as insureds under SECTION II. WHO IS AN INSURED, but only with respect to a pollution incident arising out of your work. Scheduled Additional Insureds Any clients for whom you perform your work but only when required by written contract with your client provided the contract is executed and effective prior to the date the pollution incident first commenced, and only for the lesser of the amount stated in the contract or the applicable limits of liability in this policy. 2. Solely with respect to the additional insureds scheduled above, the following is added to SECTION IV. CONDITIONS, paragraph 16. Other Insurance: Notwithstanding any other provision to the contrary in this Policy, with respect to the additional insureds scheduled above, and only when required by written contract, the insurance afforded by this policy shall be primary and non-contributory with any other valid and collectible insurance and our obligations are not affected by any such other insurance. 3. Nothing in this endorsement shall operate or be construed to increase any of the limits of liability under this policy. 4. No coverage is afforded under this Policy for any loss arising out of a scheduled additional insured's own liability, sole negligence, or willful or deliberate misconduct. All other terms, conditions, and exclusions shall remain the same. NENV 8001 (03-13) Page 1 of 1 ENDORSEMENT NO.: 7 Effective 12:01 AM Std Time: March 18,2016 Issued to: Holt Services Inc Policy Number: SF t 6ECPOA3YJ T IC Company:Navigators Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION ENDORSEMENT (SCHEDULED PERSON OR ENTITY) Solely with respect to the person(s) or entity(ies) scheduled below, it is hereby agreed that SECTION IV. CONDITIONS,paragraph 23, Subrogation,is amended by the addition of the following: Notwithstanding the foregoing, we agree to waive our right of subrogation against the persons or entities scheduled below but only with respect to your work performed under a contract with such person or entity entered Into prior to the commencement of the pollution incident giving rise to loss hereunder. $_ C.HE} .. LE OF PERSON(S)OR ENTITY(IES) Any clients for whom you perform your work, but only when required by written contract with your client provided the contract Is executed and effective prior to the date the pollution Incident first commenced, and only for the lesser of the amount stated in the contract or the applicable limits of liability in this policy. All other terms, conditions,and exclusions shall remain the same. NENV 8096(09-13) • Page 1 of 1 21. Separation of Insureds I Severability Except with respect to the limits of liability,any insured versus insured exclusion, cancellation,or any lights or duties specifically assigned to the first named insured,this insurance applies: a. as if each named Insured was the only named Insured;and b. separately to each insured against whom a claim is made. 22. Service of Suit It is understood and agreed that in the event of a failure by us to pay any amount claimed to be due hereunder,we,at the request of the first named insured,will submit to a court of competent jurisdiction within the United States of America. The foregoing shall not constitute a waiver of any of our rights to remove, remand,or transfer such suit to any other court of competent jurisdiction in accordance with the applicable statutes of the United States of America or any state therein. In any suit instituted against us upon this contract,we will abide by the final decision of the court or of any appellate court in the event of an appeal. it is further agreed that service of process upon us In such suit may be made upon the Superintendent, Commissioner, or Director of Insurance or other person specified for that purpose in the applicable statute governing service of process in the state or jurisdiction In Which a cause of action arises under this contract of insurance,or his successor or successors in office as their true and lawful attorney upon whom may be served any lawful process in any action, suit,or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out of this contract of insurance. 23. Subrogation In the event of any payment under this insurance by us,we shall be subrogated to all the insured's rights of recovery against any person or organization_ No insured shall do anything after the payment of loss by us to prejudice such rights. The insured agrees to cooperate with us and to execute and deliver all Instruments and papers and do whatever else is necessary to enforce such rights. At our request,the insured will bring suit or transfer those rights to us and help us enforce them. With respect to Coverage 1.A.Operations Pollution Liability,we agree to waive our right of subrogation against any of your clients but only if and to the extent you had a written contract with your client agreeing to waive such rights prior to the pollution incident giving rise to loss hereunder began. 24. Transfer of Defense Duties If we conclude that any applicable limit of liability of this policy has been,or soon will be, exhausted by the payment of loss,we will so notify the first named insured in writing as soon as possible. In the event that there are ongoing legal proceedings with respect to any claims against an insured,and any applicable limit of liability of this policy has been exhausted by the payment of loss,we will advise you that our duty to defend has ended and that we will no longer handle the defense of any ongoing claims or new claims against an insured. Thereafter,we will initiate and cooperate in the transfer of control of the defense of all claims to any appropriate insured. The exhaustion of any applicable limit of liability by the payment of loss will not be affected by our failure to comply with any of the provisions of this section,nor will we be obligated by operation of any rights or duties in this paragraph to defend or continue to defend any claim or pay any loss after any applicable limit of liability of this policy Is exhausted. 25. Voluntary Payments I Consent Other than emergency response costs or crisis management events,no insured shall,except at its own cost: a. voluntarily make any payment,assume any obligation, or incur any expense to which this policy applies without our prior written consent;or • IAV ECP-O TLKT Il (03113) Page 15 of 24 a. Alaska National INSURANCE COMPANY COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read No other obligation or liability to pay sums or the entire policy carefully to determine rights, duties perform acts or services is covered unless and what is and is not covered. explicitly provided for under Supplementary Throughout this policy the words "you" and "your" refer Payments—Coverages A and B. to the Named Insured shown in the Declarations, and b. This insurance applies to "bodily injury" or any other person or organization qualifying as a "property damage" that is subject to an Named Insured under this policy. The words "we", "us" applicable "retained limit". If any other limit, such and "our" refer to the company providing this as a sublimit, is specified in the "underlying insurance. insurance", this insurance does not apply to The word "insured" means any person or organization "bodily injury" or "property damage" arising out qualifying as such under Section II — Who Is An of that exposure unless that limit is specified in Insured. the Declarations under the Schedule of "underlying insurance".Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — c. This insurance applies to "bodily injury" and Definitions. "property damage" only if: SECTION I—COVERAGES (1) The "bodily injury" or "property damage" is COVERAGE A—BODILY INJURY AND PROPERTY caused by an "occurrence" that takes place DAMAGE LIABILITY in the"coverage territory"; (2) The "bodily injury" or "property damage" 1. Insuring Agreement occurs during the policy period; and a. We will pay on behalf of the insured the (3) Prior to the policy period, no insured listed "ultimate net loss" in excess of the "retained under Paragraph 1.a. of Section II —Who Is limit" because of "bodily injury" or "property An Insured and no "employee" authorized by damage"to which this insurance applies. We will you to give or receive notice of an have the right and duty to defend the insured "occurrence" or claim, knew that the "bodily against any "suit" seeking damages for such injury" or"property damage" had occurred, in "bodily injury" or "property damage" when the whole or in part. If such a listed insured or "underlying insurance" does not provide authorized "employee" knew, prior to the coverage or the limits of "underlying insurance" policy period, that the "bodily injury" or have been exhausted.When we have no duty to "property damage" occurred, then any defend, we will have the right to defend, or to continuation, change or resumption of such participate in the defense of, the insured against "bodily injury"or"property damage" during or any other "suit" seeking damages to which this after the policy period will be deemed to insurance may apply. However, we will have no have been known prior to the policy period. duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property d. "Bodily injury" or "property damage" which damage"to which this insurance does not apply. occurs during the policy period and was not, At our discretion, we may investigate any prior to the policy period, known to have "occurrence" that may involve this insurance occurred by any insured listed under Paragraph and settle any resultant claim or "suit" for which 1.a. of Section II — Who Is An Insured or any we have the duty to defend. But: "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any (1) The amount we will pay for the "ultimate net continuation, change or resumption of that loss" is limited as described in Section III — "bodily injury" or "property damage" after the Limits Of insurance; and end of the policy period. (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. CU 00 01 04 13 Page 1 of 19 Alaska National dP ! INSURANCE COMPANY e. "Bodily injury" or "property damage" will be (b) Such attorneys' fees and litigation deemed to have been known to have occurred expenses are for defense of that party at the earliest time when any insured listed against a civil or alternative dispute under Paragraph 1.a. of Section II — Who Is An resolution proceeding in which damages Insured or any "employee" authorized by you to to which this insurance applies are give or receive notice of an "occurrence" or alleged. claim: c. Liquor Liability (1) Reports all, or any part, of the "bodily injury" "Bodily injury" or "property damage" for which or "property damage" to us or any other any insured may be held liable by reason of: insurer; (2) Receives a written or verbal demand or claim (1) Causing or contributing to the intoxication of for damages because of the "bodily injury" or any person; "property damage"; or (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under (3) Becomes aware by any other means that the influence of alcohol; or "bodily injury" or "property damage" has occurred or has begun to occur. (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of f. Damages because of "bodily injury" include alcoholic beverages. damages claimed by any person or organization for care, loss of services or death resulting at This exclusion applies even if the claims against any time from the"bodily injury". any insured allege negligence or other wrongdoing in: 2. Exclusions This insurance does not apply to: (a) The supervision, hiring, employment, training or monitoring of others by that a. Expected Or Intended Injury insured; or "Bodily injury" or"property damage" expected or (b) Providing or failing to provide intended from the standpoint of the insured. This transportation with respect to any person exclusion does not apply to "bodily injury" that may be under the influence of resulting from the use of reasonable force to alcohol; protect persons or property. if the "occurrence" which caused the "bodily b. Contractual Liability injury" or "property damage" involved that which "Bodily injury" or "property damage" for which is described in Paragraph(1), (2) or(3) above. the insured is obligated to pay damages by However, this exclusion applies only if you are in reason of the assumption of liability in a contract the business of manufacturing, distributing, or agreement. This exclusion does not apply to selling, serving or furnishing alcoholic liability for damages: beverages. For the purposes of this exclusion, (1) That the insured would have in the absence permitting a person to bring alcoholic beverages of the contract or agreement; or on your premises, for consumption on your premises, whether or not a fee is charged or a (2) Assumed in a contract or agreement that is license is required for such activity, is not by an "insured contract", provided the "bodily itself considered the business of selling, serving injury" or "property damage" occurs or furnishing alcoholic beverages. subsequent to the execution of the contract or agreement. Solely for the purposes of This exclusion does not apply to the extent that liability assumed in an "insured contract", valid "underlying insurance"for the liquor liability reasonable attorneys' fees and necessary risks described above exists or would have litigation expenses incurred by or for a party existed but for the exhaustion of underlying other than an insured are deemed to be limits for "bodily injury" and "property damage". damages because of "bodily injury" or To the extent this exclusion does not apply, the "property damage", provided: insurance provided under this Coverage Part for the liquor liability risks described above will (a) Liability to such party for, or for the cost follow the same provisions, exclusions and of, that party's defense has also been limitations that are contained in the applicable assumed in the same "insured contract"; "underlying insurance", unless otherwise and directed by this insurance. CU 00 01 04 13 Page 2 of 19 Alaska National INSURANCEixt Ay COMPANY d. Workers'Compensation And Similar Laws This exclusion does not apply to the extent that Any obligation of the insured under a workers' valid "underlying insurance" for the employer's compensation, disability benefits or liability risks described above exists or would unemployment compensation law or any similar have existed but for the exhaustion of underlying law, limits for "bodily injury". To the extent this exclusion does not apply, the insurance e. ERISA provided under this Coverage Part for the Any obligation of the insured under the employer's liability risks described above will Employee Retirement Income Security Act of follow the same provisions, exclusions and 1974 (ERISA), and any amendments thereto or limitations that are contained in the applicable any similar federal, state or local statute. "underlying insurance", unless otherwise f. Auto Coverages directed by this insurance. (1) "Bodily injury" or "property damage" arising h Employment-related Practices out of the ownership, maintenance or use of "Bodily injury"to: any"auto"which is not a"covered auto"; or (1) A person arising out of any: (2) Any loss, cost or expense payable under or (a) Refusal to employ that person; resulting from any first-party physical damage coverage; no-fault law; personal (b) Termination of that person's employment; injury protection or auto medical payments or coverage; or uninsured or underinsured (c) Employment-related practices, policies, motorist law. acts or omissions, such as coercion, g. Employer's Liability demotion, evaluation, reassignment, discipline, defamation, harassment, "Bodily injury"to: humiliation, discrimination or malicious (1) An "employee" of the insured arising out of prosecution directed at that person; or and in the course of: (2) The spouse, child, parent, brother or sister of (a) Employment by the insured; or that person as a consequence of "bodily (b) Performing duties related to the conduct injury" to that person at whom any of the of the insured's business; or employment-related practices described in Paragraph (a), (b), or(c) above is directed. (2) The spouse, child, parent, brother or sister of This exclusion applies whether the injury that "employee" as a consequence of causing event described in Paragraph (a), (b) or Paragraph(1) above. (c) above occurs before employment, during This exclusion applies whether the insured may employment or after employment of that person. be liable as an employer or in any other capacity, and to any obligation to share This exclusion applies whether the insured may damages with or repay someone else who must be liable as an employer or in any other pay damages because of the injury, capacity, and to any obligation to share damages with or repay someone else who must This exclusion does not apply to liability pay damages because of the injury. assumed by the insured under an "insured i, Pollution contract". With respect to injury arising out of a "covered (1) "Bodily injury" or "property damage" which auto", this exclusion does not apply to "bodily would not have occurred in whole or part but injury" td domestic "employees" not entitled to for the actual, alleged or threatened workers' compensation benefits. For the discharge, dispersal, seepage, migration, purposes of this insurance, a domestic release or escape of"pollutants" at any time; "employee" is a person engaged in household or or domestic work performed principally in (2) "Pollution cost or expense". connection with a residence premises. CU 00 01 04 13 Page 3of19 419 Alaska National INSURANCE COMPANY This exclusion does not apply if valid "underlying (5) Aircraft that is: insurance" for the pollution liability risks (a) Chartered by, loaned to, or hired by you described above exists or would have existed with a paid crew; and but for the exhaustion of underlying limits for "bodily injury" and "property damage", To the (b) Not owned by any insured. extent this exclusion does not apply, the k. Racing Activities insurance provided under this Coverage Part for "Bodily injury" or "property damage" arising out the pollution risks described above will follow the of the use of"mobile equipment"or"autos" in, or same provisions, exclusions and limitations that while in practice for, or while being prepared for, are contained in the applicable underlying any prearranged g professional or organized insurance", unless otherwise directed by this insurance. racing, speed, demolition, or stunting activity or contest. j. Aircraft Or Watercraft I. War "Bodily injury" or "property damage" arising out "Bodily injury" or "property damage", however of the ownership, maintenance, use or caused, arising, directly or indirectly, out of: entrustment to others of any aircraft or watercraft owned or operated by or rented or (1) War, including undeclared or civil war; loaned to any insured. Use includes operation (2) Warlike action by a military force, including and "loading or unloading". action in hindering or defending against an This exclusion applies even if the claims against actual or expected attack, by any any insured allege negligence or other government, sovereign or other authority wrongdoing in the supervision, hiring, using military personnel or other agents; or employment, training or monitoring of others by (3) Insurrection, rebellion, revolution, usurped that insured, if the "occurrence" which caused power, or action taken by governmental the "bodily injury" or"property damage" involved authority in hindering or defending against the ownership, maintenance, use or entrustment any of these. to others of any aircraft or watercraft that is m. Damage To Property owned or operated by or rented or loaned to any insured. "Property damage"to: This exclusion does not apply to: (1) Property: (1) A watercraft while ashore on premises you (a) You own, rent, or occupy, including any own or rent; costs or expenses incurred by you, or any (2) A watercraft you do not own that is: other person, organization or entity, for repair, replacement, enhancement, (a) Less than 50 feet long; and restoration or maintenance of such (b) Not being used to carry persons or property for any reason, including property for a charge; prevention of injury to a person or (3) Liability assumed under any "insured damage to another's property; or contract" for the ownership, maintenance or (b) Owned or transported by the insured and use of aircraft or watercraft; arising out of the ownership, maintenance (4) The extent that valid "underlying or use of a"covered auto". yi g insurance for the aircraft or watercraft liability risks (2) Premises you sell, give away or abandon, if described above exists or would have the "property damage" arises out of any part existed but for the exhaustion of underlying of those premises; limits for"bodily injury"or"property damage". (3) Property loaned to you; To the extent this exclusion does not apply, (4) Personal property in the care, custody or the insurance provided under this Coverage control of the insured; Part for the aircraft or watercraft risks described above will follow the same (5) That particular part of real property on which provisions, exclusions and limitations that you or any contractors or subcontractors are contained in the "underlying insurance", working directly or indirectly on your behalf unless otherwise directed by this insurance; are performing operations, if the "property or damage"arises out of those operations; or CU 00 01 04 13 Page 4 of 19 P Alaska National vat ED, INSURANCE COMPANY (6) That particular part of any property that must (3) "Impaired property"; be restored, repaired or replaced because if such product, work, or property is withdrawn or "your work"was incorrectly performed on it. recalled from the market or from use by any Paragraph (2) of this exclusion does not apply if person or organization because of a known or the premises are "your work" and were never suspected defect, deficiency, inadequacy or occupied, rented or held for rental by you. dangerous condition in it. Paragraphs (1)(b), (3), (4), (5) and (6) of this r. Personal And Advertising Injury exclusion do not apply to liability assumed under "Bodily injury" arising out of "personal and a sidetrack agreement. advertising injury". Paragraphs (3) and (4) of this exclusion do not s. Professional Services apply to liability assumed under a written Trailer Interchange agreement. "Bodily injury" or "property damage" due to Paragraphrendering of or failure to render any professional (6)of this exclusion does not apply to "property damage" included in the "products- service. This includes but is not limited to: completed operations hazard". (1) Legal, accounting or advertising services; n. Damage To Your Product (2) Preparing, approving, or failing to prepare or "Property damage" to "your product" arising out approve, maps, shop drawings, opinions, o or any parof it. reports, surveys, field orders, change orders of or drawings or specifications; o. Damage To Your Work p supervision,Inspection, su ervision, quality control, "Property damage" to "your work" arising out of architectural or engineering activities done it or any part of it and included in the "products- by or for you on a project on which you serve completed operations hazard". as construction manager; This exclusion does not apply if the damaged (4) Engineering services, including related work or the work out of which the damage arises supervisory or inspection services; was performed on your behalf by a (5) Medical, surgical, dental, X-ray or nursing subcontractor. services treatment, advice or instruction; p. Damage To Impaired Property Or Property (6) Any health or therapeutic service treatment, Not Physically Injured advice or instruction; "Property damage" to "impaired property" or (7) Any service, treatment, advice or instruction property that has not been physically injured, for the purpose of appearance or skin arising out of: enhancement, hair removal or replacement, (1) A defect, deficiency, inadequacy or or personal grooming or therapy; dangerous condition in "your product" or (8) Any service, treatment, advice or instruction "your work"; or relating to physical fitness, including service, (2) A delay or failure by you or anyone acting on treatment, advice or instruction in connection your behalf to perform a contract or with diet, cardiovascular fitness, bodybuilding agreement in accordance with its terms. or physical training programs; This exclusion does not apply to the loss of use (9) Optometry or optical or hearing aid services of other property arising out of sudden and including the prescribing, preparation, fitting, accidental physical injury to "your product" or demonstration or distribution of ophthalmic "your work" after it has been put to its intended lenses and similar products or hearing aid use. devices; q. Recall Of Products,Work Or Impaired (10) Body piercing services; Property (11) Services in the practice of pharmacy; Damages claimed for any loss, cost or expense (12) Law enforcement or firefighting services; and incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, (13) Handling, embalming, disposal, burial, replacement, adjustment, removal or disposal cremation or disinterment of dead bodies. of: (1) "Your product"; (2) "Your work"; or CU 00 01 04 13 Page 5 of 19 iv Alaska National INSURANCE COMPANY This exclusion applies even if the claims against COVERAGE B—PERSONAL AND ADVERTISING any insured allege negligence or other INJURY LIABILITY wrongdoing in the supervision, hiring, 1. Insuring Agreement employment, training or monitoring of others by that insured, if the "occurrence" which caused a. We will pay on behalf of the insured the the "bodily injury" or "property damage", "ultimate net loss" in excess of the "retained involved the rendering of or failure to render any limit" because of "personal and advertising professional service. injury" to which this insurance applies. We will t. Electronic Data have the right and duty to defend the insured against any "suit" seeking damages for such Damages arising out of the loss of, loss of use "personal and advertising injury" when the of, damage to, corruption of, inability to access "underlying insurance" does not provide or inability to manipulate electronic data, coverage or the limits of "underlying insurance" have been exhausted. When we have no duty to However, this exclusion does not apply to liability for damages because of"bodily injury", defend, we will have the right to defend, or to As used in this exclusion, electronic data means participate in the defense of, the insured against any other "suit" seeking damages to which this information, facts or programs stored as or on, insurance may apply. However, we will have no created or used on, or transmitted to or from duty to defend the insured against any "suit" computer software, including systems and seeking damages for "personal and advertising applications software, hard or floppy disks, CD- injury' to which this insurance does not apply. At ROMs, tapes, drives, cells, data processing our discretion, we may investigate any offense devices or any other media which are used with that may involve this insurance and settle any electronically controlled equipment. resultant claim or "suit" for which we have the This exclusion does not apply if valid "underlying duty to defend. But: insurance"for the electronic data risks described (1) The amount we will pay for the "ultimate net above exists or would have existed but for the loss" is limited as described in Section Ill — exhaustion of underlying limits for "bodily injury" Limits Of Insurance; and and "property damage". The insurance provided under this Coverage Part will follow the same (2) Our right and duty to defend end when we provisions, exclusions and limitations that are have used up the applicable limit of contained in the applicable "underlying insurance in the payment of judgments or insurance", unless otherwise directed by this settlements under Coverages A or B. insurance. No other obligation or liability to pay sums or u. Recording And Distribution Of Material Or perform acts or services is covered unless Information In Violation Of Law explicitly provided for under Supplementary Payments—Coverages A and B. "Bodily injury" or "property damage" arising directly or indirectly out of any action or b. This insurance applies to "personal and omission that violates or is alleged to violate: advertising injury"that is subject to an applicable "retained limit". If any other limit, such as a (1) The Telephone Consumer Protection Act sublimit, is specified in the "underlying (TCPA), including any amendment of or insurance", this insurance does not apply to addition to such law; "personal and advertising injury" arising out of (2) The CAN-SPAM Act of 2003, including any that exposure unless that limit is specified in the amendment of or addition to such law; Declarations under the Schedule of "underlying (3) The Fair Credit Reporting Act (FCRA), and insurance". any amendment of or addition to such law, c. This insurance applies to "personal and including the Fair and Accurate Credit advertising injury" caused by an offense arising Transactions Act(FACTA); or out of your business but only if the offense was (4) Any federal, state or local statute, ordinance committed in the "coverage territory" during the or regulation, other than the TCPA, CAN- policy period. SPAM Act of 2003 or FORA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. CU 00 01 04 13 Page 6 of 19 Alaska National INSURANCE COMPANY 2. Exclusions (9) Infringement Of Copyright, Patent, This insurance does not apply to: Trademark Or Trade Secret a. "Personal and advertising injury": Arising out of the infringement of copyright, patent, trademark, trade secret or other (1) Knowing Violation Of Rights Of Another intellectual property rights. Under this Caused by or at the direction of the insured exclusion, such other intellectual property with the knowledge that the act would violate rights do not include the use of another's the rights of another and would inflict advertising idea in your"advertisement". "personal and advertising injury". However, this exclusion does not apply to (2) Material Published With Knowledge Of infringement, in your "advertisement", of Falsity copyright, trade dress or slogan. Arising out of oral or written publication, in (10) Insureds In Media And Internet Type any manner, of material, if done by or at the Businesses direction of the insured with knowledge of its Committed by an insured whose business is: falsity. (a) Advertising, broadcasting, publishing or (3) Material Published Prior To Policy Period telecasting; Arising out of oral or written publication, in (b) Designing or determining content of web any manner, of material whose first sites for others; or publication took place before the beginning of the policy period. (c) An Internet search, access, content or service provider. (4) Criminal Acts However, this exclusion does not apply to Arising out of a criminal act committed by or Paragraphs 14.a., b. and c. of"personal and at the direction of the insured. advertising injury" under the Definitions (5) Contractual Liability section. For which the insured has assumed liability For the purposes of this exclusion, the in a contract or agreement. This exclusion placing of frames, borders or links, or does not apply to: advertising, for you or others anywhere on (a) Liability for damages that the insured the Internet, is not by itself, considered the would have in the absence of the contract business of advertising, broadcasting, or agreement. publishing or telecasting. (b) Liability for false arrest, detention or (11) Electronic Chatrooms Or Bulletin Boards imprisonment assumed in a contract or Arising out of an electronic chatroom or agreement. bulletin board the insured hosts, owns, or (6) Breach Of Contract over which the insured exercises control. Arising out of a breach of contract, except an (12) Unauthorized Use Of Another's Name Or implied contract to use another's advertising Product idea in your"advertisement". Arising out of the unauthorized use of (7) Quality Or Performance Of Goods— another's name or product in your e-mail Failure To Conform To Statements address, domain name or metatag, or any other similar tactics to mislead another's Arising out of the failure of goods, products potential customers. or services to conform with any statement of (13) Pollution quality or performance made in your "advertisement". Arising out of the actual, alleged or (8) Wrong Description Of Prices threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" Arising out of the wrong description of the at any time. price of goods, products or services stated in your"advertisement". CU 00 01 04 13 Page 7 of 19 zi... Alaska National �� INSURANCE COMPANY (14) Employment-related Practices (f) Any health or therapeutic service To: treatment, advice or instruction; (a) A person arising out of any: (g) Any service, treatment, advice or instruction for the purpose of appearance (i) Refusal to employ that person; or skin enhancement, hair removal or (ii) Termination of that person's replacement, or personal grooming or employment; or therapy; (iii) Employment-related practices, (h) Any service, treatment, advice or policies, acts or omissions, such as instruction relating to physical fitness, coercion, demotion, evaluation, including service, treatment, advice or reassignment, discipline, defamation, instruction in connection with diet, harassment, humiliation, cardiovascular fitness, bodybuilding or discrimination or malicious physical training programs; prosecution directed at that person; or (i) Optometry or optical or hearing aid (b) The spouse, child, parent, brother or services including the prescribing, sister of that person as a consequence of preparation, fitting, demonstration ' or "personal and advertising injury" to that distribution of ophthalmic lenses and person at whom any of the employment- similar products or hearing aid devices; related practices described in Paragraph (j) Body piercing services; (I), (ii) or(iii)above is directed. This exclusion applies whether the injury- (k) Services in the practice of pharmacy; causing event described in Paragraph (I), (ii) (I) Law enforcement or firefighting services; or (iii) above occurs before employment, and during employment or after employment of (m) Handling, embalming, disposal, burial, that person. cremation or disinterment of dead bodies. This exclusion applies whether the insured This exclusion applies even if the claims may be liable as an employer or in any other against any insured allege negligence or capacity, and to any obligation to share other wrongdoing in the supervision, hiring, damages with or repay someone else who employment, training or monitoring of others must pay damages because of the injury. by that insured, if the offense which caused (15) Professional Services the "personal and advertising injury", involved the rendering of or failure to render Arising out of the rendering of or failure to any professional service. render any professional service. This includes but is not limited to: (16) War (a) Legal, accounting or advertising services; However caused, arising, directly or (b) Preparing, approving, or failing to prepare indirectly, out of: or approve, maps, shop drawings, (a) War, including undeclared or civil war; opinions, reports, surveys, field orders, (b) Warlike action by a military force, change orders or drawings or including action in hindering or defending specifications; against an actual or expected attack, by (c) Inspection, supervision, quality control, any government, sovereign or other architectural or engineering activities authority using military personnel or other done by or for you on a project on which agents; or you serve as construction manager; (c) Insurrection, rebellion, revolution, (d) Engineering services, including related usurped power, or action taken by supervisory or inspection services; governmental authority in hindering or (e) Medical, surgical, dental, X-ray or nursing defending against any of these. services treatment, advice or instruction; CU 00 01 04 13 Page 8 of 19 Alaska National INSURANCE COMPANY (17) Recording And Distribution Of Material Or f. Prejudgment interest awarded against the Information In Violation Of Law insured on that part of the judgment we pay. If Arising directly or indirectly out of any action we make an offer to pay the applicable limit of or omission that violates or is alleged to insurance, we will not pay any prejudgment violate: interest based on that period of time after the offer. (a) The Telephone Consumer Protection Act (TCPA), including any amendment of or g. All interest on the full amount of any judgment addition to such law; that accrues after entry of the judgment and before we have paid, offered to pay, or (b) The CAN-SPAM Act of 2003, including deposited in court the part of the judgment that any amendment of or addition to such is within the applicable limit of insurance. law; These payments will not reduce the limits of (c) The Fair Credit Reporting Act (FCRA), insurance. and any amendment of or addition to such law, including the Fair and Accurate 2. When we have the right but not the duty to defend Credit Transactions Act{FACIA}; or the insured and elect to participate in the defense, we will pay our own expenses but will not contribute (d) Any federal, state or local statute, to the expenses of the insured or the "underlying ordinance or regulation, other than the insurer". TCPA, CAN-SPAM Act of 2003 or FCRA 3. If we defend an insured against a "suit" and an and their amendments and additions, that addresses, prohibits, or limits the printing, indemnitee of the insured is also named as a party dissemination, disposal, collecting, to the "suit", we will defend that indemnitee if all of recording, sending, transmitting, the following conditions are met: communicating or distribution of material a. The "suit" against the indemnitee seeks or information. damages for which the insured has assumed the liability of the indemnitee in a contract or b. "Pollution cost or expense". agreement that is an "insured contract"; SUPPLEMENTARY PAYMENTS—COVERAGES A AND B b. This insurance applies to such liability assumed 1. We will pay, with respect to any claim we by the insured; investigate or settle, or any"suit"against an insured c. The obligation to defend, or the cost of the we defend, when the duty to defend exists: defense of, that indemnitee, has also been assumed by the insured in the same "insured a. All expenses we incur. contract"; b. Up to $2,000 for cost of bail bonds (including d. The allegations in the "suit" and the information bonds for related traffic law violations) required we know about the "occurrence" are such that because of an "occurrence" we cover. We do no conflict appears to exist between the not have to furnish these bonds. interests of the insured and the interests of the c. The cost of bonds to release attachments, but indemnitee; only for bond amounts within the applicable limit e. The indemnitee and the insured ask us to of insurance. We do not have to furnish these conduct and control the defense of that bonds. indemnitee against such "suit" and agree that d. All reasonable expenses incurred by the insured we can assign the same counsel to defend the at our request to assist us in the investigation or insured and the indemnitee; and defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. CU00010413 Page 9of19 Alaska National INSURANCE COMPANY f. The indemnitee: (3) A limited liability company, you are an (1) Agrees in writing to: insured. Your members are also insureds, but only with respect to the conduct of your (a) Cooperate with us in the investigation, business. Your managers are insureds, but settlement or defense of the"suit"; only with respect to their duties as your (b) Immediately send us copies of any managers. demands, notices, summonses or legal (4) An organization other than a partnership, papers received in connection with the "suit"; joint venture or limited liability company, you are an insured. Your "executive officers" and (c) Notify any other insurer whose coverage directors are insureds, but only with respect is available to the indemnitee; and to their duties as your officers or directors. (d) Cooperate with us with respect to Your stockholders are also insureds, but only coordinating other applicable insurance with respect to their liability as stockholders. available to the indemnitee; and (5) A trust, you are an insured. Your trustees are (2) Provides us with written authorization to: also insureds, but only with respect to their duties as trustees. (a) Obtain records and other information b. Each of the following is also an insured: related to the"suit"; and (b) Conduct and control the defense of the (1) Your "volunteer workers" only while performing duties related to the conduct of indemnitee in such "suit". your business, or your "employees", other So long as the above conditions are met, attorneys' than either your "executive officers" (if you fees incurred by us in the defense of that are an organization other than a partnership, indemnitee, necessary litigation expenses incurred joint venture or limited liability company) or by us and necessary litigation expenses incurred by your managers (if you are a limited liability the indemnitee at our request will be paid as company), but only for acts within the scope Supplementary Payments. Notwithstanding the of their employment by you or while provisions of Paragraph 2.b.(2) of Section I -- performing duties related to the conduct of Coverage A — Bodily Injury And Property Damage your business. However, none of these Liability, such payments will not be deemed to be "employees" or "volunteer workers" are damages for "bodily injury" and "property damage" insureds for: and will not reduce the limits of insurance. (a) "Bodily injury" or "personal and Our obligation to defend an insured's indemnitee advertising injury": and to pay for attorneys' fees and necessary (i) To you, to your partners or members litigation expenses as Supplementary Payments (if you are a partnership or joint ends when we have used up the applicable limit of venture), to your members (if you are insurance in the payment of judgments or a limited liability company), to a co- settlements or the conditions set forth above, or the "employee" in the course of his or her terms of the agreement described in Paragraph f. employment or performing duties above, are no longer met. related to the conduct of your SECTION II --WHO IS AN INSURED business or to your other "volunteer 1. Except for liability arising out of the ownership, workers" while performing duties maintenance or use of"covered autos": related to the conduct of your business; a. If you are designated in the Declarations as: (ii) To the spouse, child, parent, brother (1) An individual, you and your spouse are or sister of that co-"employee" or insureds, but only with respect to the conduct "volunteer worker" as a consequence of a business of which you are the sole of Paragraph (a)(i) above; or owner. (2) A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. C0 00 01 04 13 Page 10of19 c - Alaska National INSURANCE COMPANY (iii) For which there is any obligation to 2. Only with respect to liability arising out of the share damages with or repay ownership, maintenance or use of"covered autos": someone else who must pay a. You are an insured. damages because of the injury described in Paragraph (a)(i) or (ii) b. Anyone else while using with your permission a above. "covered auto" you own, hire or borrow is also (b) "Property damage"to property: an insured except: (i) Owned, occupied or used by; (1) The owner or anyone else from whom you hire or borrow a "covered auto". This (ii) Rented to, in the care, custody or exception does not apply if the "covered control of, or over which physical auto" is a trailer or semitrailer connected to a control is being exercised for any "covered auto"you own. purpose by; (2) Your "employee" if the "covered auto" is you, any of your "employees", "volunteer owned by that "employee" or a member of workers", any partner or member (if you his or her household. are a partnership or joint venture), or any (3) Someone using a "covered auto" while he or commembam (if you are a limited liability she is working in a business of selling, p y} servicing, repairing, parking or storing (2) Any person (other than your "employee" or "autos" se that "volunteer worker"), or any organization unless that business is yours. while acting as your real estate manager. (4) Anyone other than your "employees", • (3) Any person or organization having proper partners (if you are a partnership), members temporary custody of your property if you (if you are a limited liability company), or a die, but only: lessee or borrower or any of their "employees", while moving property to or (a) With respect to liability arising out of the from a"covered auto", maintenance or use of that property; and (5) A partner (if (b) Until your legal representative has been you are a partnership), a member (if you are a limited liability appointed. company) for a"covered auto" owned by him (4) Your legal representative if you die, but only or her or a member of his or her household. with respect to duties as such. That (6) "Employees"with respect to"bodily injury"to: representative will have all your rights and (a) Any fellow "employee" of the insured duties under this Coverage Part. arising out of and in the course of the c. Any organization you newly acquire or form, fellow "employee's" employment or while other than a partnership, joint venture or limited performing duties related to the conduct liability company, and over which you maintain of your business; or ownership or majority interest, will qualify as a (b) Named Insured if there is no other similar The spouse, child, parent, brother or insurance available to that organization. sister of that fellow "employee" as a However: consequence of Paragraph (a) above. (1) Coverage under this provision is afforded c. Anyone liable for the conduct of an insured only until the 90th day after you acquire or described above is also an insured, but only to form the organization or the end of the policy the extent of that liability. period, whichever is earlier; (2) Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. CU 00 01 04 13 Page 11 of 19 . Alaska National INSURANCE COMPANY 0 3. Any additional insured under any policy of 5. If there is "underlying insurance" with a policy "underlying insurance" will automatically be an period that is nonconcurrent with the policy period insured under this insurance. of this Commercial Liability Umbrella Coverage Subject to Section III — Limits Of Insurance, if Part, the "retained limit(s)" will only be reduced or coverage provided to the additional insured is exhausted by payments for: required by a contract or agreement, the most we a. "Bodily injury" or "property damage" which will pay on behalf of the additional insured is the occurs during the policy period of this Coverage amount of insurance: Part; or a. Required by the contract or agreement, less any b. "Personal and advertising injury" for offenses amounts payable by any "underlying insurance"; that are committed during the policy period of or this Coverage Part. b. Available under the applicable Limits of However, if any "underlying insurance" is written on Insurance shown in the Declarations; a claims-made basis, the "retained limit(s)"will only whichever is less, be reduced or exhausted by claims for that insurance that are made during the policy period, or Additional insured coverage provided by this any Extended Reporting Period, of this Coverage insurance will not be broader than coverage Part. provided by the"underlying insurance". The Aggregate Limit, as described in Paragraph 2. No person or organization is an insured with respect to above, applies separately to each consecutive annual the conduct of any current or past partnership, joint period and to any remaining period of less than 12 venture or limited liability company that is not shown as months, starting with the beginning of the policy period a Named Insured in the Declarations. shown in the Declarations, unless the policy period is SECTION HI — LIMITS OF INSURANCE extended after issuance for an additional period of less 1. The Limits of Insurance shown in the Declarations than 12 months. In that case, the additional period will and the rules below fix the most we will pay be deemed part of the last preceding period for regardless of the number of: purposes of determining the Limits of Insurance. a. Insureds; SECTION IV—CONDITIONS b. Claims made, "suits" brought, or number of 1. Appeals vehicles involved; or If the "underlying insurer" or insured elects not to G. Persons or organizations making claims or appeal a judgment in excess of the "retained limit", bringing "suits", we may do so at our own expense. We will also pay for taxable court costs, pre- and postjudgment 2. The Aggregate Limit is the most we will pay for the interest and disbursements associated with such . sum of all"ultimate net loss" under: appeal. In no event will this provision increase our a. Coverage A, except "ultimate net loss" because liability beyond the applicable Limits of Insurance of "bodily injury" or "property damage" arising described in Section III —Limits Of Insurance. out of the ownership, maintenance or use of a 2. Bankruptcy "covered auto"; and a. Bankruptcy Of Insured b. Coverage B. Bankruptcy or insolvency of the insured or of the 3. Subject to Paragraph 2. above, the Each insured's estate will not relieve us of our Occurrence Limit is the most we will pay for the obligations under this Coverage Part. sum of all "ultimate net loss" under Coverage A because of all "bodily injury" and "property damage" arising out of any one"occurrence". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all "ultimate net loss" because of all "personal and advertising injury" sustained by any one person or organization. CU 00 01 04 13 Page 12 of 19 Ai Alaska NaINSURANCE tional PANY b. Bankruptcy Of Underlying Insurer 4. Legal Action Against Us Bankruptcy or insolvency of the "underlying No person or organization has a right under this insurer" will not relieve us of our obligations Coverage Part: under this Coverage Part. a. To join us as a party or otherwise bring us into a However, this insurance will not replace the "suit"asking for damages from an insured; or "underlying insurance" in the event of bankruptcy or b. To sue us on this Coverage Part unless all of its insolvency of the "underlying insurer". This terms have been fully complied with. insurance will apply as if the "underlying insurance" were in full effect. A person or organization may sue us to recover on 3. Duties In The Event Of Occurrence, Offense, an agreed settlement or on a final judgment against Claim Or Suit an insured; but we will not be liable for damages that are not payable under the terms of this a. You must see to it that we are notified as soon Coverage Part or that are in excess of the as practicable of an "occurrence" or an offense, applicable limit of insurance. An agreed settlement regardless of the amount, which may result in a means a settlement and release of liability signed claim. To the extent possible, notice should by us, the insured and the claimant or the include: claimant's legal representative. (1) How, when and where the "occurrence" or 5. Other Insurance offense took place; a. This insurance is excess over, and shall not (2) The names and addresses of any injured contribute with any of the other insurance, persons and witnesses; and whether primary, excess, contingent or on any (3) The nature and location of any injury or other basis. This condition will not apply to damage arising out of the "occurrence" or insurance specifically written as excess over this offense. Coverage Part. b. If a claim is made or "suit" is brought against When this insurance is excess, we will have no any insured, you must: duty under Coverages A or B to defend the (1) Immediately record the specifics of the claim insured against any "suit" if any other insurer or"suit" and the date received; and has a duty to defend the insured against that "suit". If no other insurer defends, we will (2) Notify us as soon as practicable. undertake to do so, but we will be entitled to the You must see to it that we receive written notice insured's rights against all those other insurers. of the claim or"suit" as soon as practicable. b. When this insurance is excess over other c. You and any other involved insured must: insurance, we will pay only our share of the (1) Immediately send us copies of any demands, "ultimate net loss"that exceeds the sum of: notices, summonses or legal papers (1) The total amount that all such other received in connection with the claim or insurance would pay for the loss in the "suit"; absence of the insurance provided under this (2) Authorize us to obtain records and other Coverage Part; and information; (2) The total of all deductible and self-insured (3) Cooperate with us in the investigation or amounts under all that other insurance. settlement of the claim or defense against the"suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. CU 00 01 04 13 Page 13 of 19 Alaska National INSURANCE COMPANY 6. Premium Audit 10.When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we Part in accordance with our rules and rates. will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal b. Premium shown in this Coverage Part as not less than 30 days before the expiration date. advance premium is a deposit premium only. At the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date 11.Loss Payable for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of Liability under this Coverage Part does not apply to the advance and audit premiums paid for the a given claim unless and until: policy period is greater than the earned a. The insured or insured's"underlying insurer"' has premium, we will return the excess to the first become obligated to pay the"retained limit"; and Named Insured. b. The obligation of the insured to pay the "ultimate c. The first Named Insured must keep records of net loss" in excess of the "retained limit" has the information we need for premium been determined by a final settlement or computation, and send us copies at such times judgment or written agreement among the as we may request. insured, claimant and us. 7. Representations Or Fraud 12.Transfer Of Defense By accepting this policy, you agree: When the underlying limits of insurance have been a. The statements in the Declarations are accurate used up in the payment of judgments or and complete; settlements, the duty to defend will be transferred to us. We will cooperate in the transfer of control to us b. Those statements are based upon of any outstanding claims or "suits" seeking representations you made to us; damages to which this insurance applies which G. We have issued this policy in reliance upon your would have been covered by the "underlying representations; and insurance" had the applicable limit not been used d. This policy is void in any case of fraud by you as up. it relates to this policy or any claim under this 13.Maintenance Of/Changes To Underlying policy. Insurance 8. Separation Of Insureds Any "underlying insurance" must be maintained in Except with respect to the Limits of Insurance, and full effect without reduction of coverage or limits any rights or duties specifically assigned in this except for the reduction of the aggregate limit in Coverage Part to the first Named Insured, this accordance with the provisions of such "underlying insurance applies: insurance" that results from payment of claims, settlement or judgments to which this insurance a. As if each Named Insured were the only Named applies. Insured; and Such exhaustion or reduction is not a failure to b. Separately to each insured against whom claim maintain "underlying insurance". Failure to maintain is made or"suit" is brought. "underlying insurance" will not invalidate insurance 9. Transfer Of Rights Of Recovery Against Others provided under this Coverage Part, but insurance To Us provided under this Coverage Part will apply as if If the insured has rights to recover all or part of any the"underlying insurance"were in full effect. payment we have made under this Coverage Part, If there is an increase in the scope of coverage of those rights are transferred to us. The insured must any "underlying insurance" during the term of this do nothing after loss to impair them. At our request, policy, our liability will be no more than it would the insured will bring "suit" or transfer those rights have been if there had been no such increase. to us and help us enforce them. CU00010413 Page 14of19 _.:4=- Alaska National INSURANCE COMPANY You must notify us in writing, as soon as SECTION V—DEFINITIONS practicable, if any "underlying insurance" is 1. "Advertisement" means a notice that is broadcast or cancelled, not renewed, replaced or otherwise published to the general public or specific market terminated, or if the limits or scope of coverage of segments about your goods, products or services any"underlying insurance" is changed, for the purpose of attracting customers or 14.Expanded Coverage Territory supporters. For the purposes of this definition: a. If a "suit" is brought in a part of the "coverage a. Notices that are published include material territory" that is outside the United States of placed on the Internet or on similar electronic America (including its territories and means of communication; and possessions), Puerto Rico or Canada, and we b. Regarding web sites, only that part of a web site are prevented by law, or otherwise, from that is about your goods, products or services defending the insured, the insured will initiate a for the purposes of attracting customers or defense of the "suit". We will reimburse the supporters is considered an advertisement. insured, under Supplementary Payments, for any reasonable and necessary expenses 2. "Auto"means: incurred for the defense of a "suit" seeking a. A land motor vehicle, trailer or semitrailer damages to which this insurance applies, that designed for travel on public roads, including we would have paid had we been able to any attached machinery or equipment; or exercise our right and duty to defend. b. Any other land vehicle that is subject to a If the insured becomes legally obligated to pay compulsory or financial responsibility law or sums because of damages to which this other motor vehicle insurance law where it is insurance applies in a part of the "coverage licensed or principally garaged. territory" that is outside the United States of However, "auto" does not include "mobile America (including its territories and equipment". possessions), Puerto Rico or Canada, and we are prevented by law, or otherwise, from paying 3. "Bodily injury" means bodily injury, disability, such sums on the insured's behalf, we will sickness or disease sustained by a person, reimburse the insured for such sums. including death resulting from any of these at any b. All payments or reimbursements we make for time. "Bodily injury" includes mental anguish or damages because of judgments or settlements other mental injury resulting from "bodily injury". will be made in U.S. currency at the prevailing 4. "Coverage territory" means anywhere in the world exchange rate at the time the insured became with the exception of any country or jurisdiction legally obligated to pay such sums.All payments which is subject to trade or other economic sanction or reimbursements we make for expenses under or embargo by the United States of America. Supplementary Payments will be made in U.S. 5. "Covered auto" means only those "autos" to which currency at the prevailing exchange rate at the "underlying insurance" applies. time the expenses were incurred. 6. "Employee" includes a "leased worker". "Employee" c. Any disputes between you and us as to whether does not include a"temporary worker". there is coverage under this policy must be filed 7 "Executive officer" means aperson holdinganyof in the courts of the United States of America (including its territories andthe officer positions created by your charter, ( g possessions), constitution, bylaws or any other similar governing Canada or Puerto Rico. document. d. The insured must fully maintain any coverage 8. "Impaired property" means tangible property, other required by law, regulation or otherthan "yourproduct" governmental authority during the policy period, or "your work", that cannot be except for reduction of the aggregate limits due used or is less useful because: to payments of claims, judgments or a. It incorporates "your product"or"your work"that settlements. is known or thought to be defective, deficient, Failure to maintain such coverage required by inadequate or dangerous; or law, regulation or other governmental authority b. You have failed to fulfill the terms of a contract will not invalidate this insurance. However, this or agreement; insurance will apply as if the required coverage by law, regulation or other governmental authority was in full effect. CU 00 01 04 13 Page 15 of 19 Alaska National INSURANCE COMPANY if such property can be restored to use by the (3) That holds a person or organization engaged repair, replacement, adjustment or removal of"your in the business of transporting property by product"or"your work", or your fulfilling the terms of "auto" for hire harmless for your use of a the contract or agreement. "covered auto" over a route or territory that 9. "Insured contract" means: person or organization is authorized to serve by public authority. a. A contract for a lease of premises. However, that portion of the contract for a lease of 10."Leased worker" means a person leased to you by premises that indemnifies any person or a labor leasing firm under an agreement between organization for damage by fire to premises you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased while rented to you or temporarily occupied by you with permission of the owner is not an worker"does not include a"temporary worker". "insured contract"; 11."Loading or unloading" means the handling of b. A sidetrack agreement; property: c. Any easement or license agreement, except in a. After it is moved from the place where it is connection with construction or demolition accepted for movement into or onto an aircraft, operations on or within 50 feet of a railroad; watercraft or"auto"; b. While it is in or on an aircraft, watercraft or d. An obligation, as required by ordinance, to indemnify a municipality, except in connection "auto"; or with work for a municipality; c. While it is being moved from an aircraft, e. An elevator maintenance agreement; watercraft or "auto" to the place where it is finally delivered; f. That part of any contract or agreement entered into, as part of your business, pertaining to the but "loading or unloading" does not include the rental or lease, by you or any of your movement of property by means of a mechanical "employees", of any "auto". However, such device, other than a hand truck, that is not attached contract or agreement shall not be considered to the aircraft, watercraft or"auto". an "insured contract" to the extent that it 12."Mobile equipment" means any of the following obligates you or any of your"employees" to pay types of land vehicles, including any attached for "property damage" to any "auto" rented or machinery or equipment: leased by you or any of your"employees". a. Bulldozers, farm machinery, forklifts and other g. That part of any other contract or agreement vehicles designed for use principally off public pertaining to your business (including an roads; indemnification of a municipality in connection b. Vehicles maintained for use solely on or next to with work performed for a municipality) under premises you own or rent; which you assume the tort liability of another party to pay for "bodily injury" or "property c. Vehicles that travel on crawler treads; damage" to a third person or organization. Tort d. Vehicles, whether self-propelled or not, liability means a liability that would be imposed maintained primarily to provide mobility to by law in the absence of any contract or permanently mounted: agreement. (1) Power cranes, shovels, loaders, diggers or Paragraphs f. and g. do not include that part of any drills; or contract or agreement: (2) Road construction or resurfacing equipment (1) That indemnifies a railroad for "bodily injury" such as graders, scrapers or rollers; or "property damage" arising out of e. Vehicles not described in Paragraph a., b., c. or construction or demolition operations, within d. above that are not self-propelled and are 50 feet of any railroad property and affecting maintained primarily to provide mobility to any railroad bridge or trestle, tracks, road- permanently attached equipment of the following beds, tunnel, underpass or crossing; types: (2) That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver; or Cu 00 01 04 13 Page 16 of 19 eiro Alaska National INSURANCE COMPANY (1) Air compressors, pumps and generators, f. The use of another's advertising idea in your including spraying, welding, building "advertisement"; or cleaning, geophysical exploration, lighting g. Infringing upon another's copyright, trade dress and well servicing equipment; or or slogan in your"advertisement". (2) Cherry pickers and similar devices used to 15."Pollutants" mean any solid, liquid, gaseous or raise or lower workers; thermal irritant or contaminant, including smoke, f. Vehicles not described in Paragraph a., b., c. or vapor, soot, fumes, acids, alkalis, chemicals and d. above maintained primarily for purposes other waste. Waste includes materials to be recycled, than the transportation of persons or cargo. reconditioned or reclaimed. However, self-propelled vehicles with the 16."Pollution cost or expense" means any loss, cost or following types of permanently attached expense arising out of any: equipment are not "mobile equipment" but will a. Request, demand, order or statutory or be considered"autos": regulatory requirement that any insured or (1) Equipment designed primarily for: others test for, monitor, clean up, remove, (a) Snow removal; contain, treat, detoxify or neutralize, or in any (b) Road maintenance, but not construction way respond to, or assess the effects of, or resurfacing; or pollutants , or (c) Street cleaning; b. Claim or suit by or on behalf of a governmental authority for damages because of testing for, (2) Cherry pickers and similar devices mounted monitoring, cleaning up, removing, containing, on automobile or truck chassis and used to treating, detoxifying or neutralizing, or in any raise or lower workers; and way responding to, or assessing the effects of, (3) Air compressors, pumps and generators, "pollutants". including spraying, welding, building 17."Products-completed operations hazard": cleaning, geophysical exploration, lighting a. Includes all "bodily injury" and "property p y and well servicing equipment. damage" occurring away from premises you However, "mobile equipment" does not include own or rent and arising out of"your product" or land vehicles that are subject to a compulsory or "your work"except: financial responsibility law or other motor vehicle (1) Products that are still in your physical insurance law where it is licensed or principally possession; or garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor (2) Work that has not yet been completed or vehicle insurance law are considered "autos". abandoned. However, "your work" will be deemed completed at the earliest of the 13."Occurrence" means an accident, including following times: continuous or repeated exposure to substantially (a) When all of the work called for in the same general harmful conditions, contract has been completed. your 14."Personal and advertising injury" means injury, including consequential "bodily injury", arising out of (b) When all of the work to be done at the job one or more of the following offenses: site has been completed if your contract calls for work at more than one job site. a. False arrest, detention or imprisonment; (c) When that part of the work done at a job b. Malicious prosecution; site has been put to its intended use by c. The wrongful eviction from, wrongful entry into, any person or organization other than or invasion of the right of private occupancy of a another contractor or subcontractor room, dwelling or premises that a person working on the same project. occupies, committed by or on behalf of its Work that may need service, maintenance, owner, landlord or lessor; correction, repair or replacement, but which d. Oral or written publication, in any manner, of is otherwise complete, will be treated as material that slanders or libels a person or completed. organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; CU 00 01 04 13 Page 17 of 19 Alaska National INSURANCE COMPANY b. Does not include "bodily injury" or "property 21."Suit" means a civil proceeding in which damages damage"arising out of: because of "bodily injury", "property damage" or (1) The transportation of property, unless the "personal and advertising injury" to which this injury or damage arises out of a condition in insurance applies are alleged. "Suit" includes: or on a vehicle not owned or operated by a. An arbitration proceeding in which such you, and that condition was created by the damages are claimed and to which the insured "loading or unloading" of that vehicle by any must submit or does submit with our consent; or insured; or b. Any other alternative dispute resolution (2) The existence of tools, uninstalled equipment proceeding in which such damages are claimed or abandoned or unused materials. and to which the insured submits with our consent or the"underlying insurer's"consent. 18."Property damage" means: a. Physical injury to tangible property, including all 22."Temporary worker" means a person who is resulting loss of use of that property. All such furnished to you to substitute for a permanent loss of use shall be deemed to occur at the time "employee" on leave or to meet seasonal or short of the physical injury that caused it; or term workload conditions. 23."Ultimate net loss" means the total sum, after b. Loss of use of tangible property that is not physically injured. All such loss of use shall be reduction for recoveries or salvages collectible, that deemed to occur at the time of the "occurrence" the insured becomes legally obligated to pay as that caused it. damages by reason of settlement or judgments or any arbitration or other alternate dispute method With respect to the ownership, maintenance or use entered into with our consent or the "underlying of "covered autos", property damage also includes insurer's"consent. "pollution cost or expense", but only to the extent 24."Underlying insurance" means any policies of that coverage exists under the "underlying insurance" or would have existed but for the insurance listed in the Declarations under the exhaustion of the underlying limits. Schedule of"underlying insurance". For the purposes of this insurance, with respect to 25."Underlying insurer" means any insurer who other than the ownership, maintenance or use of provides any policy of insurance listed in the "covered autos", electronic data is not tangible Schedule of"underlying insurance". property. 26."Volunteer worker" means a person who is not your As used in this definition, electronic data means "employee", and who donates his or her work and information, facts or programs stored as or on, acts at the direction of and within the scope of created or used on, or transmitted to or from duties determined by you, and is not paid a fee, computer software (including systems and salary or other compensation by you or anyone else applications software), hard or floppy disks, CD- for their work performed for you. ROMs, tapes, drives, cells, data processing devices 27."Your product": or any other media which are used with a. Means: electronically controlled equipment. (1) Any goods or products, other than real 19."Retained limit" means the available limits of property, manufactured, sold, handled, "underlying insurance" scheduled in the distributed or disposed of by: Declarations or the "self-insured retention", whichever applies. (a) You; 20."Self-insured retention" means the dollar amount (b) Others trading under your name; or listed in the Declarations that will be paid by the (c) A person or organization whose business insured before this insurance becomes applicable or assets you have acquired; and only with respect to "occurrences" or offenses not (2) Containers (other than vehicles), materials, covered by the "underlying insurance". The "self parts or equipment furnished in connection insured retention" does not apply to "occurrences" with such goods or products. or offenses which would have been covered by "underlying insurance" but for the exhaustion of applicable limits. C0 00 01 04 13 Page 18of19 Alaska National INSURANCE COMPANY b. Includes: b. Includes: (1) Warranties or representations made at any (1) Warranties or representations made at any time with respect to the fitness, quality, time with respect to the fitness, quality, durability, performance or use of "your durability, performance or use of"your work"; product"; and and (2) The providing of or failure to provide (2) The providing of or failure to provide warnings or instructions. warnings or instructions. G. Does not include vending machines or other property rented to or located for the use of others but not sold. 28."Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. ©Insurance Services Office, Inc., 2012 CU 00 01 04 13 Page 19 of 19 C• �® DATE (MM10DlYYYY) CERTIFICATE OF LIABILITY INSURANCE 3/1212021 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 pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subJect to the terms and conditions of the policy, pertain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsementfs). PRODUCER IY 1 Ml.l NAME: Debra Powell Arthur J. Gallagher Risk Management Services, Inc. PHONE xu: 253-627-7183 P.O. Box 2925 Tacoma WA 98401-2925 nooaess: Debra Powell a RECEIVEDINSURERS __ ___ INsuRERA: Alaska National I INSURED HOLTSER�02 INSURER B : Navigators S 8C Holt Services Inc. dba: Holt Drilling Services APR 12 2021 10621 Todd Road East INSUflEflC: Edgewood, WA 98371 INsuRERD:_ City of Bremerton INSURER E RiskM�nagement INSURERF: COVERAGES CERTIFICATE NUMBER: 1268657389 E Insurance C REVISION NUMBER: 253-5 38733 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, EXj CLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY CLAIMS. jPAID ILTR I TYPE OF INSURANCE IAN5D W VD POLICY NUMBER I MM/DD YYYY I MM�D/YYYP � LIMITS A X COMMERCIAL GENERAL LIABILITY Y 21CPS10096 3118/2021 3118l2022 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED _ CLAIMS•MADE n OCCUR PREMISES {Ea occurrenpe)_ __ $ 500,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: AGGREGATE_ $ 2,Op0,000 X POLICYu jE� uLOC _GENERAL PRODUCTS-COMP/OPAGG $2,000,000 _ OTHER: $ A AUTOMOBILE LIABILITY 21 CAS10096 311812021 3118/2022 COMBINED SINGLE LIMIT {Ea acciden0 $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accidonp $ PROPERTY DAMAGE _ $ HIRED NON�OWNED AUTOS ONLY AUTOS ONLY (Per arcldent) A X UMBRELLALIAB X OCCUR 21CLU10096 3l1812021 3118/2022 EACH OCCURRENCE $10,000,000 AGGREGATE $ 10,000,000 EXCESS LIA9 CLAIMS•MADE DEO X RETENTION$ $ q WORKERSCOMPENSATION 21CWS10096 3118l2021 311812022 X PER STATUTE X OTH• ER CA/ORINMM/A AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCLUDED? ❑ N 1 A -- - - - - - - (Mandatory In NH) E.L. DISEASE � EA EMPLpYEE $ 1,000,000 II yes, describe under DESCRIPTION OF OPERATIONS bebw E.L. DISEASE •POLICY LIMIT $1,000,000 B Pollution Liability SF20ECPOA3YJTIC 3118/2020 3118l2022 Occurrence $5,000,000 Aggregate $10, 000, 000 Deductible $10,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space la required) *10 days cancellation notice for nonpayment of premiuml30 days cancellation notice for atl other reasons. Project: Well 2R & 7 Rehab RE; The City of Bremerton is named as an additional insured with respects to the work performed by the named insured per a written contract agreement. Endts attached. Explosion, Collapse and Underground perils are included. USL&H is included under the Workers Compensation policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bremerton 345 6th St., Suite 100 Bremerton WA 98337 AUTHOR�ESENTATIVE ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 2' of 38 5182 ;.,� ��� �, �� t � u .. �.... ` ��' � �� � ; , y � , .� This nndorsernant ir�odifies insurance provided under th® following; COMM�f;CiAl.. ��NE;RP�I-. I_IAgI1,ITY G+�VCI�A(�� 1'Afi"i WI -I© IS Afi1 IhlSUR�D Section II} is amended to include as an Ensured any parson or arganiratlor► (hQrein r$Ferrad to as an addiiional insured}, but only if you are rec{uired ko add That person ar organlxattan as an incur®d tv this policy by a written contract thai is In effect prier to the "bodily Injury` "properly darnage", ar "personal and advertisb�cd Injury"� The insurance provided to the additional insured is lirrtited as folbws: 1. That pi�rsan ar Qrganlzatian is only an additional !neared far its vicarious liahllity tar ya�rr acts or omissions In life performance of "your warlc", 2. Th® insuranr.A pravirted tca Ilse additional insured cues not apply to "bodily Injury", "property damage", or"'personal and advertising in)ury" arising out of an are171tf3ct's, engineer's, or surveyor's rendering of or failure is render eny protessianal cervices including; a. the preparing, ap�,roving, ar falling Lo prepare or approve maps, drawings, opinions, reports, surveys, Ghsnge orders, design or spec- ifications; and b, supervisory, inSpeCtlQn, car engineering sar- vlces. This endorsE3ment changes the policy to which ft is attached and, unless oth®rwise stated, Is effective on H7e data Issued at 'f 2:(l'I A.nn, standard grnr3 at your mailing address shown (n the policy, Tf�e infrarmattora below Is required only when #his enciorsernent is issued subsequent to rom►nanaartitent of tl�e policy Endc�rsemertt �fFeative Insured Hatt Seruice,S, tnc. Countersigned t3y ANIC GL 7d3 b7 p� r . Ili• �ndarsemsnt No. 3" of 38 5182 This endorsenl®nt modlfles insurance provided under the fallowing: f3iJSIN��S At1TQ �QV�RA�aE F(�t�l� Various provislans in this endarsomenk restrict coverage. Read the entire policy carefully to determine rights, duties, and what ie and is not covered, Thraughoul this policy, the words "you" and "yaut" rater is the Named Insured shown in the Cleolaratlons. The Wal'dS "w®"j "u$", and "aUr" refer to thc� company pravidh�g this Insurance. tither wards and phrases that appear in civatatlan marks have special meaning. Refer to �CTIt�N V — ®�FI{Vl"il�Na In tlta3 k3usiness Auto Coverage Faun, The coverages provided by this endorsement apply per "�caidont" rand, unless dth�arwise speciticad, are subjeot to all of the terms, aandltians, exclusions and deduotlbie provlsians of the policy, to which it is atlaohed. t � � M 4 ,�. r - � ». .. w. � . - a. ..t>i`it� w .s d. Any "employee" of yours while operating an "auto" hired ar rented under a cantraat or agraomeflt in an "employee's° Warn®, with your permission, while performing duties related to the conduct of your iauslness. e. Any person ar arganizatian far whom you hays agreed in writing io provide insurance such as is afforded by this Coverage Fame, but only with respect to llablllky arising out of the ownership, maintenance or use of "aukas" covered by this pollcy. if such parson ar argan(zation has oth®r insurance then this Insurance is primary to and we will net seek conlr(bution from tl�e other insurance. AN1t; CA 11t?01013 � .. �. � � � .� ,�, � , Y This candltian does net apply to any persan(�) car argnnizatian(s) to the extent that subrogation against •that person ar arganlzaklan is waived prior to the "accident or the "Voss" under a contract with that per>;an ar organization. S�CTIOiV 11 � �t�VERfri� Ai1TQ LIAi�II.,tTY CQV��tAt��, Paragraph A.2.a. (�,) � Supplementary payments is replaced by the #ollawing: (�) Up to �10,000 for cost of faun bonds (including bonds far related traffic law vialaElans) resulted beaausa of an "aaaident" we Dover. We dp net have to famish these bands. ��CiIQN it — Ct�V�R�t7 AUTQ LtA�lt_iTY �QV�RA��, f aragraptt A.2.a. (4) ,� �rappletmentary Prymonts is replaced by the following: (A�) All reasonable expenses incurred by the "Insured" at our requeaf, including actual tars of earnings up to $500 a day because of time off from work. Pogo f of 4 4' of 38 5182 � ■ 1 * M 1 � + • . �: .�- . i c. Vakur�tary R'roperty Damag4 At your written requesk, we may rnakca a valuntary payment for p`roperky Damage aauaed Eay an '9nsured", t7ut without Ilat�ility to a khird party, up to $25,t700, Wry wilt not make a Voltantary i'roperty Darnapa payrnenk to anyone whcr is at7 "Insured under this i5alicy. SECi'IC7IV 1[I -- PhiYSICAk;, �AI�AG� Ct�VEFtAG, Paragraph A.?. T Yawing is r©placed by the failawing: Tc�w9ng We will pay up to $60Q for tawin� anrt iabar costs incurred each tine a agversd "autaN that is a: s3. Private passenger; b. `Truck; c. Pici<�up truck; d. Panel ; ar e. Van type vehicle under 20,t)Od ibs, of Grass Vohiclo Weight is disahied. However, the iahor must be perko►tr�ed ak pleas of disablement. 4 F � * ; • �� i . ca s � a ► d •. a � • � A � :: If you carry Cott�prehansly® Coverage forth® damaged covered "sake", we wi11 pay the following undcar Cornprehansiva Coverage: ' a. Glass f�roakage; b. "Lass" caused key hltth7g a bird or animal; and ANICCA 1'laC1'i0'13 a. "I,.oss" caused try failing objects ar missiles. I-lawever, you have the option of having glass breakage caused by €► covered "safe's„ callislon or overturn aonsidered a "lass" under Calllsion Covorago. Glass Repair �� Waiver of Dadurttisle No deduckibla applies to glass breakage, if tho glass is repaired rather than replaced. SCCT1t7N Ikl -- t�HYS1OAL E�,4MA0� COVtwRA,G�, Paragraph A,�.a. -� Transportatic►n Expenses Is replaced by the following: Wa will pay up to $20b per day to a maximum of $�,500 for Temporary transpork$tion expense fnourted by you because of tttc� total theft a# a cov®red "auto" that is a: �9) Private paseonr�er; Iz) Truck; (3) Plak,up truck; (�) Panel; or (5) v�t� type vehicle under 20,Q00 Ihs, of Grass Vehiole Woiyht, Wa will pay only far those covered "autos" for which you carry eith®r Catnprei�ensive or Specified Causes of Kass Coverage. We will pay for temporary transpartatian axperrse$ incurred during the period beginning 48 hours aftQr the theft and ending, regardless of the pol'scy's expiration, when the covered "auto" is returned to use or wa pay far Its "loss". Page 2 of d 5' of 38 5182 - ' � �... � � . � We will pay expenses for which an "insured" btrcornos legaify responsible to i>ay for loss of usc� of a vatiicle hired, rented or borrowed wiihraut a driver und�ar a written rental contract ar agreernant. W® will pay far lass of use expanses, if caused by: ('i) rJihar than Galllelon, only If the peclaratlans indioate that Comprehensive Coverage Ms provided far the vohiclo withdrawn ft`om servico, (2) Speaifled Cause& hf mass only if' the Daclaratians indlcatc� that Specified Causes of Lase Coverage is provided fnr the vehicle withdrawn from servlc4, (�j Collision only if the Qealarations indicate that Cvllisian Coverage is provided for the vehic:ica withdrawn from service, However, the mast ws will prey for any expenses for lass of use is $�i74 per day, to a maxitrtum of $1,Gbt), 4 � ,, * .+ 1 .� �; e + .: .. Wo will pay up tb $2,bgb far non,. transportation expense incurred by you, because of "loss" to a covered "auto", if caused by: (�►) t�thor than Collislan, at71y if the Declarations indicate that Comprehensive Coverage is provided for the "auto" withdrawn fratn service; ANIC CA 'I �Gd 'it) '18 (�) Specified Causes of Lass aniy if the C�ealarations indlcate that Specified Causes of Lass Coverage is provided far the "auto" withdrawn from service; ar (3) Collision only if the peciaratlans indicate that Collision Coverage la provided for th© "auta" withdrawn from service. *. �, �, . i • p Wo vrlll pay for the cost to repair, rciplace, or reset an airbag that inflates far any reason other than as a result of a collision, if the Reclaratians indicate that the covered "sofa" itas Camprehen6ivc� Coverage ar Specified Causes of Lass Coverage, �. .� w,. .. _ -- � .. . a . • • We wfil pay up to $7C per day for rentat relmbursemeni expenses incurred by you fQr the rental of an "sofa" because of "lass" to a covered "auto" that Is a: (�t) Private Passenger; (�) i`ruck; (3) Picl�-up trucl�; ,� M 0 (�} Van type vehicle under 2o,o0b lbs. of Grass Vehicte Wright, Payment appiicas In aclditlon to the otherwise applleabie amount of each coverage you have on a cnvorad °'auto", hta deductibles apply to this coverage. Wage 3 of 4 6` of 38 5182 (1} W® will pay only for thoaa expanses incurred during tho policy poriod beginnincd 24 haute after the "loss" at'td elldl►1g, regardless of the policy's expiration, with the lessor of the Fallowing number of days: {a} Tha number of days reasonably required b repair' or replace thc� covered "auto". {b) 3t) days, {2} This coverage does not apply while thorn are spare ar reserve "autos" available to you for you' operations. (3) The Rental Reimbursement Coverage described above dogs not apply tc a acver®d aar►to" that is described ar designated as a cavered "auto" on (dental Reimbursement Coverage Form CA fl9 2�, 9�CilON tV � �U51f<1��5 AIIT(3 CONt7�ITlt�NS �, Paragraph t3.2, � Concealmer7t, Miarapresc�nta.Hon ar Fraud is amended by adding Unintaniional Failure to Oiaclase ym�ards at !hs end of Paragraph 6,2. as follows: Unhttentional Failure #a I�lsclose Hazards If you unintentionally fail to disclose any hazards existing at the inc�aption date of yaur pallay, we will neat deny coverage under this Coverage h"orm bacauso of such faflurc�, t-Icwever, this provision does not aff�ack cur right to oollect additional premium or exercise cur right aF canoalir�tion ornon-renewal. �ECTIOAI 1V -- C�USIN�S>� ,0.UTtl COP€€�1710hfS �•� 1aragraph 6,5.b..., C7ther €na`�ra►ice is rapiacQd ay the followin®: b. For f-iirod l�uto Physical Damage Coverage, the fallowing are deemed to be cavored "autos" you own; (1} Any covered "auto" you lease, hire, rent, or barrow, and (zl Any ccvercd "auto"" I�lred or rented by ypur "employ4©" r►nder a eantraGt In chat Individual "err►plQyee'a" name, with your permisalon, while performing duties related to file conduct of your businoss. Howc�var, any °auto" that is leased, hired, ranted or borrowed with a driver is not a covered "auto", ��C`t'It:73�1 V � Ci�F'INITIC''iVS —Paragraph C. — ''t3odlly Injury" is raplaceci by the foAowing; C. Bodily injury means bodily injury, sickness or disease sustained by a parson inciuding death or mental anguish resulting from any of thee$, Mental anguish moans any type of mental cr emotional illness or disease This sedate®meet changes the policy to which it is attached and, unless ntherwlss stated, is affective on the data issued at 12:i)1 A.M. standard time at your malllncl address shown In tl�e policy, the informatlo►Z he€ow Is required anly when this endarsr�ment is Cesued subaortuen�t to cammencement of the policy, Rndorse►rtsnt �ffecllve i'olicy hJa. 21 CAS 10096 !Wanted Holt Ser��icrs, Ins, �ndnrsament 1Ja, � Cat►ntersigned By Insurance Services Office, Inc., 2009 Ah11C CA 1160 t tl 13 Page 4 of � 7` of 38 5182 ti � � " 4 . � 1 � 1'hfs ondarsemont tTrodifies insurance provided under the fallowing: CdM>��I�CI�tL G�NSRAL LIABILITY CCiVEE�AGtW pAF�T Various provisions in coverage, Ream the detarntine rights, duties, cav®rc�d, this endrarseincant restriGk entire policy aarefcdly to and what is and is not "hroughaut this policy, the Words "you" and "your° rcafer to lhQ Named Ittisured siloWn In the i,eClaratlans. Tile Wards "WG", °U&", �ii1d "our" refer to kho cattlpany providing this insurance. ether words and phrasos that appear in quatatinn marks t1®ve special meaning. Refer to $�CTic�N V �SKINIiI(iN� in the Camrnerciai Genera! Lir�l�iiity Coverage �c�rrn. The coverages provided by this endorsement apply p®r kacaurr'anao" and, unless athorwlse sf,Acified, are subject to all of uie terms, randifions, exclusions and deductible provisions of the policy, to which it Is attached. � � - �a �, . A. if endorsement CG 2'I a9, CG 2'1 10, C� �� Stl, ar rrG �4 67 is attached to the policy, Paragraph A, 2, g, (�} {b} is replaced lay the fallowing; {b) A watercraft that you do not awn that is: (I} Less than 50 fee•! long: end (li} Not boing used to carry persons or property for a charge. .. � . ., � • ._ s ,� -. � ., r ■ n � } n � 1 Y ... 1. � ... Y � � (2) A watc�rcrnft that you do not own that Is: {a) Lass than 50 feet long; an�i ANIC GL t�a2'121ti (b) Nat being used to Derry persons or property far a chat'ge, ». � w ,�. r► �.. � � � "" R i � b. Up to �10,pt)p far cost of bail bonds required because cat accidents or traffic; law violations arising out of the use of any vehicle to Which the Sadify Injury I�iabillty Coverage applies, 1Ne da net have to furnish these bonds. d, Ali raa$onable expQnses incurrvci by the insured at our rawest to assist us in thca investigation ar defense of the claim or suit, including actued loss of earnings up to $5oC1 a day beoause of time off frat•n work, SI;CTI(7hl II — WtiCa i� AID IPl��I.EFt�C�, paragraph 2.a. la added as faliowa: a, Any persons} ar arganlzatlon(s} {referred to throughout this coverage form as vendor} far whom you have agreed In writing to provide Insurance such as is afforded by this oaverdge form but only with respect to "bodily injury" ar "prapat�y damage" arising out of "your products" which are distributed or sold Ill the regular course of th® vender's business, Nawever: (1) The insurance at#orded to such vender only applies to the extent permitted by law; and F�age 'I of 4 8` of 38 5182 � � . (2) if aaverage provided to the vendor Is requfl'ed by a oonfract or agreement, the insurance afforded to such vendor wll! ttak ba hroador than that witictt you Are required by the contract or agreement to provide for such vendor. With r66paG't to the Insurance afforded to those vendors, tits following additional exclusions apply: The lnsurance afforded the vendor does not apply fa: a. "sadily Injury" or "praparty damage" far which the vender Is abligaied to pay damages by reason of tits assumption of liability In a contract or agraQment, Thls axciusion does not apply to liability far damages that the vendor would have in the absence of the cantraal or agreement; b. Any express warranty unauthorized by you; c. Any physical Cr chemical change in the produot made intentionally by the vendor; d. RepacicAging, except when unpacked solely far the purpose of inspection, demonstration, taking, ar the substituflon of parts under • instructions from the manufacturer, end than repackaged in the origins! container; e. Any failure to m�rlce suoh inspections, adjustments, tests or servicing as the vender has agreed to melee ar na'rttaliy undertakes to make In the usual course of business, in connection vrith the distr9lautian ar sale of the products; f. !�©monstratlan, Installation, servicing or repair operations, vXcept such operations performed at the vendor"s premises in connection with the sale of the product; y, products which, after distrlbuklon ar sale by gnu, have been labeled ar r�alabr�le�i nr used as a conkainer, part ar G�gredlant of any other thing or substanoa by or for the vendor; or h, "Bodily injury" ar "praparty damage" arising out of the cola negligence of the vender far Its own acts ar ornisslans or thane of its employr;as or anyone else acting on Its behalf, Hawevsr, this exclusion does not apply fo: AN1C �L 'l t G2 'I 2 '15 (1 } The exaaptlans contained In Suta� paragraphs d. or f.; ar (2} Sucit (nspeatlans, adjusttrrcants, tests or servicing as the vendor has agreed ko mails or normally undertakes to make in the usual course cat business, in canneGkiorz with tits distribution ar set® of the products, This insurance does not apply fc� any Insured person or arcdanization, Pram whom you have aoqutred such products, or any incdredient, part or container, entering into, accompanying ar Cantalrlinq such praduct6, � � - r • . L f 1 D! r ® f. Any persons) nr organizatiorr(s) far whom you have agreed In writing to provide insuranoe as is afforded by this coverage form but only with respect to liability arising out of the ownership, mafntanance or use of that part of ttte premises leased to you by such paraort{s} ar orctanization(s). This insurance does net apply ta: (t) Any "occurrence" which kakes plane after you asses to be a tenant in ttiak premises. (�} 5truatural attaratlons, new eonstructtan or darnolition operations performed by yr on behalf of such persons) or Lil'�alll�atl4n(S), However: (1) The insurance afforded to such additional insured only applies to the extent perm(kted lay law; and (2} The coverage to the additional insured will not bo broader than that which you are required lay the Contract or egrcanaent to provide fa' nosh addltlanal insured. 9' of 38 5182 11 ' �. " r " sE r r r r � 6. Subject to taragraph �. shove, thQ �a1�lage to Pr�rnlses rented to Yau limit is the most we wilt pay Under CovQragc� A For darrrar�as because of "property damage" to any one premises, while rented to you, or in the cos® of damage by Piro, wizlle rsntnd to you ar t4mparariiy acGupiod by you with permisslan of the owner. IF a Ilrrrlk is shown tar i�arnage to Premieos t�gntad to You the mast ws will pay under Coverage A For damages beaat�se ar "property damage" to any one premises Is the limit sttawn in the Declaratlans or �.�iQU,000, whichever is greater. r � � 7. subject to paragrapl} 5. above, fhe Mcrdical expense Limit Is the moss we wilt pay under coverage G for all rrredlcal expenses I}eaaube of "bodily injury" sustained by any one parson, If a limit is shown for Medical 1=xpensa In ihb Dsclaraflans the mast we will pay under Cavorgge c for ail medlar,! oxpenses because of "bodily Injury" sustained by any one parson is the Limit shown in the l7eclaratiane ar �15,oUo, whichc�vQr is greater. Wish teepee! ko the insurance afforded to the insureds dasarib�d In Paragraphs 2.0, and 2,f, of secilan II VUho la A.rt Insured, if aravef'aga provided to such insured Is roquired by a contrast or agreement, the mast we will pay on behalf of such Insured is the amount of lnsuranr,�: (1) Required by the contract ar agrc�an�ont; or (�) Available under the applicable Lir�7its ai insurance shown in the Uaciaratians; whichever is less. This prevision shall oak increase the applicable Limits aF 1ns�irance shown, in the �3ealaratian. ANIGC�I 1ta� t2 t� � � � � �i r� � M � �, . * t ,r d. �+rimary ant! Pdonrontributory Insurance This Insurance Is primary to and will net seek contribution from any afhor Insuranae available to an additional insured under your policy pravid®d that: {1) The additional insured is a turned Insured under such other insurance; and �zj You have agreed in writing In a CantraGt or agreement that thlg Insuranco would ba primary and would not soel< contribution from any other insurance available to the additional insured. This Paragraph d. supersedes any provision to th® contrary In Earagraphs a. ihraugh c. shave, � ► # ^ • , ,. By accepting this policy, you agree: a, The statam®nf$ in the T�eclarations are accurate and cornpleta; b. Those statomants are based open representations you made to us; and a. We have issued this policy In raliancc upon your ropresaniations, The unintentional amisalan aF, ar unintentional error in, any informs#Ion you provided #a us which we relied open in issuing this pallcy will not prejudice year rights under this insttranae. However, this prevision doss not affect our right to ooilsot additional pratrrium ar to oxarcise our rights of oanaallaflon or nonrenewal En a000rdancm with applicable laws god regulations. Rage 3 aF � 10' of 38 5182 * � - ^� ,» � � � . o . = a 10. �lantcet Waiver of Transfer of t�itjhfa of i�.e�cavery Agi�tnsi C7thsrs We waivo any right of recovery wa may have against any parlor► ar argantzatian as required in a written contract because of psymants we make for Injury or rtarnage arising aut of �yaur work" done under a written cantraat. the waiver applies only to the parser► or arganixattan requtr�d by written contract and than only tf the santraGt requires you to obtain this agreement tram us, ��CilCtPl V -- q�PiNl1'iC�ttilS -- Paragraph �, t��acttly Injury° is rapiraced by the following: "�adily injury" means bodily Injury, sickness or disease sustained by a parson including death or mental anguish resulting Tram any of these. Mental anguish means any type of mental ar emotional (lines or disease This endorsement changes the policy to which it is aitaotied and, unless otherwise statect, Is etfeativo on tho data (ssueci at 12:t)1 A,M, standard Hme at your malting address shown in the policy, The inFarmat9art hetow is required r�ryty when tt7ir ondors®went is issued euksequenf. to carnrnenemment of the policy. Endorsement Effective !neared halt Services, Tar. Cou►7terfiignad �Y �ndorvoment Na, includes capyrigl7tad mmtarial of insurance �ervlcas �tfiaa, Ina., with ►ts peri�lisslon ANICt�t, �1C2 t215 Rage � of A� 11' of 38 5182 _._. 1. � � � � � � � _. � * � , � • � i A 1 M t `Phis endoi'aentenk Ittodifles Insurance provided urtctar the fallowlncd; Cc�MM>uRCIAL C�N�.RAL LiA131LITY CC3V�RAG� F�Al�T /�. ectiart li � t�ltt► is An hi�ured is amended to Ntciuda ras an additional insured any persan(s) or organizalion(s) from whom you lease equipment whoa y�su And such person{s) or ortianixation(s) have agreed in writing in a contract or agreement that such persan(s) or organizations) be added as . an additional insured an your policy. �uctt persons) ar ot�ktnization(vy) i€� en Ensured only with respect to IiabilNy For "bodily inJury" "pryparty darttage" or "personal and advertising InJury" caused, in whale or in parE, by yaur mainkenance, ©peration or use of equipment IGased to you by such persart(s) or organizatlon(s). However, the insurance afforded to such additional insured: q, tJniy appAss to the extent parrnitted by law; and 2. Will not be broader than that which you bra requlrc�d by the contraat ar agreement to larovide for sash additional tnsured. A pc�rson's or orc�anizaflon's staUas as an additional insured under this ®ndorsemant ends when their contract or a revment with you for such leased equiprttent ens. �. With resport io the Insurance af€ordad to these additional insureds, this insurance does net apply to any "occurrence" which takes piece after tt1Q equlpntent lease expires. C, W(th respect to the insurance afforded to these additional insureds, th+z following is added fo 3ectis�n ill M.. Limits Qf ins;rrance. The tttost we will pay on behalf of the additton�al insured is the atttount of insurance: 't. Required by the contract or ac�reernent you have antorc�d Into with the additional insured; or z. Available under the applicable Limits of insurance shown in the l7eclaratians; whichever is less. This �andorsemeni shall net increase the applicable Limits of Insurance shown In the Declarations. This endorsement changes the ;>olicy to wltic�i it is aitactted and, unless otherwise stet®d, is effective on the date issued at 12:tJ� A.M. standard time at yaur rt'reiiinc� address shown in the policy. The inforrnailcare beiaw ie regalred ottiy when kills endorsement is isl�ued suhsc�quent to cammancetttent of tits gaalicy. irndorsemctnt effective Insured i�olr Sc���lces, ►nc. Countersign®d By •. � ' 11•. �� insurance 5ervicea, ©f#ice, lea., 20�12 �nda�sem4nt No. 4 GG 2Q 3A t7d '13 12" of 38 5182 Ai"" This endors®meat madlfiea insurance provided under the following; CaMMERCiAL GFtVERAL LIAk31LITY C©V�t�ACI~ I�AFcT A, For ail aurns whitlt the insured becomes I€sgally obllgat�:d to pay as damages caused by "occurrences" under 5ectiUn I -- Coverage A, and for all rnQdlcal expensed caused by accldenks under Ceckian I � Covorac�e C, which can ba atkribufed only to ongoing operations at a single dosignakad cans#ruction project shown in the �'cSredule above; �{. A separate Cesignated Can$truation C'rojerk General Aggregate Limit applies to each designated tan5truction project, and that 1111'tlf is equal to the arnounk of the K�enerral Aggregate Limik shown in fhe C�eclarations. �. The t7esignatnd Construction I�rojsct Gc�noral Aggregate Limil (s the most wo will pay far the sure of al{ damages under Coverage A, except dan7agc�s because of "badlly injury" or "property damage" included in iha "products completed operations hazard", and for medical expenses under Coverage C re�ardiess at thc� numkaer of: a. Insureds; ta. Glaima made or "salts" brought; or c, Persons or organizations making claims or bringing "suits"• CC 25 D� C15 �g �, Any payments made under Coverage A fot' clamagas or under Coverage G far msdiral expenses shall t'educe the designated Construction Project General Aggregate Limit for that designated construction project. Such paytttentm shall not reduce the General Aggregate Limit shown in the t)ealarafior�s nor shall they reduce r�ny other peslgnated Construction Project General Aggregate Limit for any other designated canskt'uctlan proj�t shown in the Schedule above, 4. The limits shown In iho C7eclat'ations for kaoh Occurrent®, i]amage Ta t'remises Rented To You and Meadical Expanse continue to apply, Howevor, instead of being subject to the General Aggregate Limit shown in the Declarations, such litt�its wlll be subject to the appllcabfe )�e9ignated Construction Projcck General Aggregate L1mit, Page � of � 13' of 38 5182 C. When cousrege for liability arising out of tits produQta�Gompl®tad cpsrations hazard" is provided, any )>ayl�tents for damages becatt�e ei "badiiy InJury" or "propt3tty damago" included in the "produett3-contpletecl operations hazard" wlil raduGo the Products-cornplvted c7porations Apgregate Limit, and nat rvduGe th$ osnaral Aggregate Lirnit nor the I:tsaigttated Ce�nstruction projock general Aggregate Limit, D. If th�r applicable designated construction prajQot has bean af��ndaned, delayed, or abandoned and Bien restarted or if the author)zed contracting partiea devtate fram plans, blueprints, declgns, speclfic�tions or timetables, the project will still ha deemed ko ha the sgrne construction project. �. The provisions ai' �sction 111 — Limiks Uf Insurance net otherwise modiflr�d by this endorsement shall continue to apply as atlpuiated. �`hls andorsetnnnt changes the policy to which it is attach©d and, unless r�thetwiss stated, Is effvctiue art the date issued at 'l�,ii� A.CVI, standard time at your mailing �ddr�ss Shawn In thQ policy. Ttte informattcsn below i9 required Duty when thin ertdprsement is issued 13uhsegi�ant to commenaament of th+a potltry. t~ndorsement �ifootiva Polley No. 21 CPS 10096 Insured Holr. Services, Inc. Endorsement Na. Countorslpned t]y cU Inaurancc� Seiviaes Office, Itic., 2Q48 Ct_3 26 03 OG b9 I�agezof2 14" of 38 5182 �: �,y � , ,..: � � ,. ,'� � This endt7rsement modifies insurance provided under the fallowing; Ct7M1�>;I�C%IAL GCN�RAL LIABILITY CO�+�F�AGP FART T�esignafed L«cation(s): ��� Locations scheduled on the Commercial General Llabillky peaiarations irtforrnation r©quired ko aom fete this Schedule if not sl}ewiti above, will bo shown In the t�eclaratians,._•.�,___•,_j A, t✓or all sums which kha Insured becomes I®golly 3, Any pay►i7ents n7ade under Covorage A for obligated to pay as damages caused by damages or under Covorage G for rrdedic;al "acaurrences" under Section I � Coverage A, anti expanses � shall reduce the L7ealgna#ed far all medical expenses caused by accidents Location General Aggregate Limik far chat under Sectivit I � Covorage C, which can bra designated "IaGakian". Such payments shah not ettribf.ltc�d only to operations al a single designated reduce the G®natal Aggregate Limit shown in "Eocatiarf" shown in the Schedule above; the C�eclaratians nor shaft they reduce at�y ether C�®sl�nated Location Gcanerat Aggregate 1, A separate i�esignakad Location General Limit far any other designaked'9aoation" shown A�clregata i.imlt applies ko each designated in the Schedule above, "location", and that limit Is equal to the amount of tl�a General Aggregate Limit shown Ire the �. The limits shown in the I�aclarations far each Denlaratians. Occurrence, Damage To F'ramises Ranted To �. The C�esic�natsd Lnc€�tton General A regake You and Medical l;xpense ca►titinue to apply. gg However, Instead of b41ng subject to the Limit lg the most we will pay for the cum of all General Aggregate Limit shown in the damage$ under Coverage �,, except damages because of "bodily injury" ar "property damage" [7aclaratians, such Umits will be subject to the inalud®d in the "produaks�•completed operations applicable Designated Location aeneral hazard", and for medical expt�nsos under Aggregate Limit. Coverage C ►'egardless of the number of; a. Insureds; b. claims made ar "suite" brought; or c. Persons ar arganizatians rnaking claims ar bringing "suits", CG ?.5 g4 45 09 Page 1 of 2 15" of 38 5182 �. F"ar all sums which thA 117sured becomes legally 'abligatc�d to pay as damages caused by "occurrences" under �ectlon t � Coverage A, ar7d for all n7edlcal expenses aausad by accidents under �oction I -- Caverags C, whfoh cannot be attributed only to aporallons at a single deslgneted "locagc�n" shown in the schedule above: 1. Any payments made under Cavor�lge ,A far damage® or under Coverage C for medical exponsps sha11 reduce the amount available under the Cen4ra! Aggregates Limit or khe I'roduats-carriplefed Oporv�tian� Aggregate L6'nit, whichever Is appticable; and �. Surh payments shall net I'educo any f�asign�ted Location Goneral Aggregate Limit, �, Whon coveragd far liability arising out of the "products -completed operakions hazard" le provided, any payrn�nts far damages because of „bodily injury" or "pt'aporty damage" included in tho "products•compiQted operatfans hazard" will reduce #17e F'roduGts-completed Qperafians Aggrocdate Limit, and trot reduce tiro r3enerai Aggrsgr�te Limit nor the f�esfgnated Location t3enerel Aggregate Lin'►It, b. hor khcr purposes of this endorsemank, tho Deffnition� �aakion ig amended by the addition of the. fopawing daflnition, "Locakian" ttlgt;tliS premises involving flee same ar connecting lots, ar premises whose connection is inkerrupked only by a straot, roadway, waterway or righk-of-way of a rafiraad. E. The provl�lons of Esclbn III � Limits Uf Insurartce not athorwisA modified uy this endarsemQnf shall cantinu�e to apply as stipulated. 'This endorsem®nt changes the policy to wltlah ik is atkacl7ed and, unless athc�rwlse stated, is effective on ttta d��te Issued et '12:t79 A.M. standard ditto at your mailing address shown In the policy, The information I�slow Is raqutrud only when this ertdar'sament is Issued subsequent to camtnencement of the policy. �ndorsoment >wfteotivr3 Policy tea. 21 CF'�10096 It�surad Hoft Services, tnc. �ndarsement Na. Countersigt7ed �y � insurance �arvires +Cities, Inc., 20®3 C� �."� Od t}5 09 paage 2 of 2 16' of 38 5182 ! � J �ffective 't2:p'9 AM Sid Time; Jfi=irch �-$, �� Policy Nt�mber� S�zo�C;t�n�3i'JTIC lesued io: Holt Services Ina. Coirtpuny; Naviga#ors Specialty Insuranoe Company • �9. It is hereby agreed that the persons or entities scheduled below qualify as insureds under' 5��:'t"ION 11. WHb IS AN INSURED, but only with respect to a pollution incident arising out 4f yc►tar wank. �cht�.d_ut�d Additional Ir►su.��s Any clic�r7ts for whom you fierfarm your wont but only wren required by writiai� contract with your olienl prdvlded the contras;# is executed sort effective prior to kha date the pallutlon Incident first commenced, and only far the Insser of the amount stated in the contract ar the applioabla lirnlfs of liability in thl$ poUcy, z. Solely wi#1� respeck to the additional insureds scheduled abavo, the fallowing Is added to SECTION IV. CO{�DI'1"IONS, paragraph 1�. ether Insuranc©: Natwi#17atanding any other provision ko the rontrery in this pallcy, with respect to the additional Is}sureds scheduled shave, and only when required ray written contras#, the li7surance afforded by Phis pollay sYtali be prin7ary and non-aantributary with any other valid and collectible insurance and Qur obligations are not affnet®d by any such other hisuranae. �. Nothing in this endorso�noi�# shelf operate or be construed to increesg any of the limits of liability under this policy. ri. Ida aoverage Is afforded under this pallcy fray any toss arising out of a scheduled additional tnsured's own liability, sale negligence, or willful or deliberate rniscanduat. Alf other tarfns, canditians, and axr.Iuslorts steal{ remain the same. I�E"NV $0t7� (0��43) Page `I of 1 17' of 38 5182 ��aot:iue'4�,O�i �M �t:d `i'irne; I��C;Ii 1$, 2i02U �oli�y �1ui»I�at: �21J�F0�3'`�1��C Issued tat 1-lali �ervlcas Ira �am}�ai7yt 4Vavig�tar� ��sci��iiy i��auranra Com�aeny TkilA t�PiI��F25�fVIGNT �FEJkNC��� 'fl-f� f�C�l.iCt'Y. PI,�A�� R��fa iT �t�,nE�('�UIbLY. .- t4 • �•- -t M " " 'M r �nlaly wit{� re�spoal to pt� >•iQl�ott(fl} hr ent�(y(Ic�s) sol�eduiad below, ik Ifj hereby ugreF,d that 5F_.C%TEO(� i��" �C�t�Epl'1'IQNS, �aragr�}�h �c3, ��ttlrngc�tinrt, is enYended by the adttiifan of ih4 f4lirswtt�g; IVc4witl�star7dh�g ills farec�alnq, w� egr�� to vraivQ our right c�i subropaltan against fire �ereons or entfites sGitadctlad below but Q»ly with revlyaat to your wot'Ic lyt�rfnrmad undt�r � contract vriih such Berson or ontity enkerr�ct into pi'}ar to tiro aomtponaelYtclnt nt tic �a�llutlat� inaident giving alga tc� lose hereunder. � � ti - � � � � A1�y aliet�l'a InY wli+5tn you �nrtorrn your work, but only when rec�uirnd t�ywrittatt o4iltraok with your aSion! provided the confrEiut le exeauterf f3t1d effective �rlar to the date tht� pallutton l�7eldent llrafi camr�ionoed, end of�1y for the tosser Qf Fha �mc�urli stated in the contact �r tho appNaohl� NmttS of Ilak7iilty in this poiluy. �511 oilrsr #arms, con�liflvt:s, ;jnd r�xofu�iorts shall remain Ilse s�amt�r hl�tVV 80QG (o9-1�j rage � a1' f �.,. ,. .a._.y i %JJ j I 18" of 38 5182 2'9, �ep.xratle�ri nY #rtsur44#s I�taveraS�tl{ty �Yacspt wtih resppect to fiha lirnits oi' Itabitity, any tnsured versus Insured aXatuslon, aanceliafton, or any I lgitt� Qr duties spoaifist�lly atio#gt�ad to the first natrt�;d tnsured, thlo t�taurance appliss: �, tas t1= sash named insured was kite only rramad Insured' and �, aoparately In rash insured ugtzlnat wham �� rltatm la mine. ��. �}�tvtca d� 5itlt (t is undarslead and agreed thmt in in8 bvdttt Ut d f6tih►ro Uy t►s to pay r�ny z11'nt?utlk stet►nett to be due heratlndor, wo, at the regiteat ot`thp Yirst uartrtsd i►�surett, will sttlarrtlt [cs� c;Qutt at'eatt�'aekent jurlsdinttan wlt)tirt tits Uiyitecl �tata❑ oi: �41rt�rtcn. I ht� fai'etloing shall not aonsNtuta ra Wa#ver of r�ny nt our rtt}hts to ►•strove, rt�mat7d, or iranstor such ruiG #n a►ty other court bt" competent jurisi�kaftatt in apcordanae vriQ� ilia appitaabta statutes of iha Unlfed �3tates aP AmerloU br any state therein. ttz at�y salt instituted rtg�ti►�sl us upon llris t�nla aak, we will wide by Itie stnal dvols#art at' the coast ar of any �ppellnte court Ett the event cep un appeal, #t Is further agrood that satutaa of process upcan us to auoh sttt� ma)� h� made open that Supertttk$ttdattt, Gommir�tanc�r, ar rairaatar aF Insl►I'an❑e ar afl5et' peYt#o►t spe0lflett fo►'ihai �ltll��s� Ill ills api?ilCa#:�la �tFttule governlnt� sarvla� of praoass In tho r;tatc� or Jurlsdlotlon fn whl❑h q oausa of aattan €trues under fk'tIs ❑entrant of In: urttttna, or Info sua❑esear or surNxessors to afliaa as t#tatt' trlla tthd I,awtul �atlarhoy upatl Wtioltt lttay tee serv®e;t any fawt'ul praoese in any aailort, suit, pr (araceedin� insUtutet# by �►' �n behslt aS the #nsut'�d 41' shy baneflolary her®under arlbin;t autaf this u�antrtlt;t of Ingurbnca_ ��. �ul'srag�tlt�nt Itt tkt4 overt of tiny paylaiont ►ardor tltia #►1,uranoQ lay us, wi3 shalt fee subrogated to a!I Ntr intsured's rights of recovery ngalnsf any person ar otgantzaUan.. iVo tnsurad sYtail tto atlythlitg aft$r tits paylnetlk of Itaas by us to preJud(❑e sash r#phts. 'the tnsured agrees ka aaaperafie tiaith uu and to ex�suule and deliver all Inskrumenta anti taapers at�ci do whal4vQr else is ttecessttry � ehforCti such rights_ At our f'e:quesl, the tnsuret{ w#II I�ring 'wilt or trrttls(er tha$a rlghta kc� u:� hnd italt� Us attforc�a t11eln, tlt+ith rc�spe❑t• la Oavc�rage 1.A, 4poratlatts PollUttan [,i�tbliity, we at�ree� to watvs 4urri�ht oFaUf�r+�gglft�n ac�atnsl any ot'yQur alionks felt ot�iy li' and to ills extent you h�tcl a written aarttrsot with year ciiont agreetny t❑ wt:ttve sucit rights Friar to ti7a polluk��t� incident glving rise to loss horounder began, 2�€. ir�haCc�r a4 LiePtzCtse E�uttes IP vie anotoluda kh4k any applioabta igntt of tlafailtty a� thi;; poilcy has bean, ar soon wit# bc, cXflau3ted fay the p�ymcnt aP #ass, we will sa ratify tS�a ftt•st nttn►ed lr,aurad to wrtt#t�g as svc�l� a� pQvstble. Itt the event khal there arty oltgaing legal praoeedings with raspoakto nt�y olail'ns against an insurett, ttnd flnyappirt;abin limit of Ilablllly or this ►7alfay has j'�ael1 exhausked by ti�a pttymtant of #os�, wa wlii Advise you 117rtt our duty to rt�t`etld lta$ ended qnd that wc� wHl na longer handle the defense of eny angaltag Claims ar new clnVms n�alns# an Insured. Thereafter, we will initiate Ht�d coppt3rate #n t#�a transfsr of oQikr41 of the defertse of ap al�lt►ys to any appropriate tnsured. T'he exhaustlpn Diary up#allc�gi}In Itix�it mot' Iic�bility lay the payment oP tc�s� wilt not ba af(eoted by our Ctrllure to pontlaiy wllh ��ny at iht� pr4vtatana of Ihts eaotfon, nor will We ba abUgated !�)� eperettoit 4f at7y I'ight� or" riuties in ihls garu�raph tQ daf+anc# wr cat�finue to ttr�fend ally �latm or pay arty loss afloY any applloable limit of IPabtliky acfittep❑Iloy la eXiiauated. ' 25, ti'cslutttrtry t�ayttlants t consent Other titan emat'gc�ncy respansa ousts or crisis rnana�eerterti avent�, no ft�aUrod ehEtll, oK❑epi at iks own tu�et: ta. voittntaitly nial�tf any paytttent, aseumta any oi�llgatian, nr ihf:ur arty expense to whlah this poilay applies without our priarwrtlten oortsant; or hdAV ��P«�'t'Gt(T fJ {481'i8j t�ar�e 1� af' �4 r 19' of 38 �� a .y �+� " �,� �,,. Various provisions fn this palicy restrict oovarag®. Read fha entire policy aarefl.11ly to dafermine rights, duties and What Is and is not covered, Throughout this policy the words "you" anc! "your" refer to the I�amad Insured shown In the C�eclartaflons, and any ptltQr person ar argattizatian qualifying as a htamed inttured under this palicy, The words "we", "us" and "our" refer to the company providing Phis insurance. The word "Insured" means any person ar arganlzation qualifying as sucio under Section II -Who Is An Insured, Other words and phrases that appcaar in quotation marks have special meaning, Refer to Section V -- Definitions, �► r yx• .� ,. � I.. �. ry a. We will pay an behalf of the insured the "ultlrnate not loss" in excess of thc� "retained limit" beoauaQ of "bodily injury" ar "property damage" to which this Insurance applies. We will have tits right and duty to defend the insured against any "suit" seeking damages for sash "bodily Injury" or "property damage" wite►t the "underlying Insurance" fines not provide coverage or the limits of "underlying insurance" have bean �sxhaustr�d. When we Itavc; na duty to def,�nd, we will have the right to defend, or to participate in the defense af, the: insured against any other ''suit° seeking damages to which this insurance may apply, Hawevar, we will have na duty to dbtand the insured against any °suit" seeking damages far "badlly injury" or "property detm�tgn" to which this insurance does not apply. tit our disaretlan, we may invostlgAte any "occurrence" chat may involve this Insurance and settle any resultant alalm or "suit" for which we have the duty to defend. put: (1) The arnourtt we will pay far the "uitirnato oaf Ic�as" is lltrtited as described ht Sectlott III �- i_irrtits Of insurance; and {2} Our right and duty fa defend ends when we have used up the applicq#ate limit of Insurance In fha payment tat judgtttants ar settlements under Coverages ,4 ar f3. �U ilC] 01 b4 13 Na arbor ofaligatian or liability to pqy sums or perform acts or services is covered unless explicitly provided for under Supplementary f'aymertts - Cavoretges ,� and �, b. This Insurance applies to "bodily Injury" or "propa►'ty damage" thaf is subject to an appllcabie "retained [unit". If any oihar limit, such as a subll►nit, is specified in the "underlying insurance", this insurancm daaa not apply to "bodily Injuryy" ar "property damage" arising out of that exposure artless foot limit Is specified in the peclaratlans under th® ich®dale of "'underlying insurance°. c. This Insurance applies to "bodily Injury" and "property damage" only If: (1 j "fire "badlly injury„ ar "property damage" Is caused by an "occurrence" that takes place in the "coverage territory' {2) The "bodily injury" ar "property datttega„ occurs during the palicy period; end {3) Prior to the policy period, no insured Nsted under Paragraph �.a. of Section tt �- Wha is An insured and na "employee" authorized by �rau to give ar receive notice of an 'occurrence" or claim, knew that the "bodily injury" ar "property damage" had occurred, in whale ar in part. if such a listed insured ar authbrizod "employee" knew, prior ka the policy period, that the "bodily injury" or "property damage" occurred, khan any continuation, change ar res�rmptian of surh "badlly InJuty'' ot• "property damage" during or offer the policy period will lee deemed to have been Ienown prior to the palicy period. d. "podily injury" ar "property damage" which occurs dut'Ing the palicy period and was nafi, pi'lor to the palicy pet'lad, known to havr� occurred ay any Insured listed under Paragraph 1.a. of Section tl «- Wito Is An insured or any "employee" authorized by you to give ar receive notice of ran "occurrencs" ar claim, includes any cantinuatian, change or resumption of that "bodily injury" ar "properly dranaage"' after the end of the policy period. Page 1 of 1g 20' of 38 5182 e. "C3odily injury„ or "property damage" wilt k,e deemed to have been known to havo aarurred Ott the aarffesk time when any insured listed under Paragraph �1.a. of ��ectlon 41 — tNlto is An insured or any "employee" authorized by you to give ar renalve nak;t;e of an "occurrence" ar claim: (� } Reports all, or any part, of tP►e "bodily injury„ or "pr�operiy dairtage" to us or any other Insurer; (2) Receives a written ur verbal demand or ctal►» far damages because of the "bodily injury" ar "propsrty damage"; ar {3) i3ecomes aware by any ether means that "bodily injury" ar "property damage° has occurred or has begun to occur. f. Damages because of "badiiy injury" Include tt>:tmages clef mad by any parson ar arganlza#ion far care, loss of services ar death r®cutting of any time horn the "badiiy injury„ -,. This insurance does not apply to: a, I�xpected fir ln4endad Injury "aadiiy Injury" ar "property damage" expected or inkendad from the atandpolnl of the Insured. Thl, exalusion doe$ not apply to "bodily 1►tjury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liahttity "Bodily injury" ar "praparty damage" far which the insured is obligated to pay damages Uy r®aeon of the assumption of liability In a caniract or agreett�ent. This exalusion does not apply to liability far dan7ages: ('1) Tha# the it►sured would have in the .absence of the Contract ar aclreement; ar (�) /�ssutned In a contract or agreement that is an "insured contract", provided the "bodily Injury"' or "prapot ty damage" aocurs subsequent to the execuklan of the contract or agreQment, Solely for ttte p>.►I'poses of liabiii#y assumed in an "incur©d canfract", reasonable attorneys' fees and necessary Iltigaifan expenses incurred by or far a party other khan an insured are deAmed to be damages because of"badiiy injury" or "property damage", provided: (a) Llabifiiy to suait early far, ar far the ct�st of, that party s defense has also been assumed In th4 same "insured con€rant"; and CU 00 01 t?41 � (b) Such attorneys' fees and litigatlan oxpenses are for defense of that party against a civil or alternativQ dispute resaiutian proceeding in whtcit damages to which this htsuranco applies era atlr�gr�d. a, Ltquar Liability "13adify lt�ury" or "property damage" for which any incur©d Wray be held {table 6y reason of: S•#) Causing or contributing to the intaxlcatlan of any person; j2) Tho furnishing of alcoholic bev®rages to a parson under the legal d►'initing ago or under the infiuenae of elaohal; ar (3) any statute, ordinance ar reguiatlan relating #o fire sale, gift, distribution or use of alcohaftr, beverages. Ttris exalusion applies even it the clairn>s against any Insured allege nagligc�nce or ether wrongdoing ii1: 4a} The supervision, hiring, employment, training of ntonitaring of othcars by that insured; or 4b) providing cr falling to provide transporiatian with rc�speat tt� any person that may bc� under the influence of aicahol; if the "occurrttnae" which caused rho "bodily Injury„ ar "property damage" involved that which Is described In Paragraph ('i), (2) or {3) above. Hawavar, this exclusion applies only if you are In the business of manufacturing, dislribttting, sailing, serving or furnishing aicohoiia beverages. Por the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself cansidared the business of ceiling, se:iVing ar furnishing atcahallc beverages. this exclusion dyes net apply fa the extent that valid "unde►'lying Insurance" f®r the liquor liability risits described above exisks ar would have axlstcad but for the exhaustion of underlying Ilrrtits for "bodily Injury" and "propearty damage". To the extent thJs exclusion does net apply, the Insurance prpvlded under this cave�ragA Part for the liquor lialallily risks described above wil{ follow the same previsions, exaluaions and limitations Ihat are contained in the applicable "underlying insurance", unless otherwise directed by this insurancQ. ��age 2 of 19 21" of 38 5182 d. Wartcere' Campensatlan And �hnilar i4aws Any 4bllgatioo of the insured under a warkers' compensat{on, disability benefits or unen7ployment aampensation law or any s{tnilar law. Any abligatian pf the incur®d under the �mplayee Retirement Income �ocurity Act a# 197A (�k�ISA), and any amendments thereto ar any similar federal, sfate or laoal statute, #. ,Auto �c�vsracdee (1) "Bodily btjury" ar "praparty damage" ar{sing auk of the ownership, maintenance Qr use of any „sate" which is net a "oov®red auto"; ar (�J Any loss, cask or expense payable under or resttlting ftom any first«party physical damage cavcarage; na-fault law; p©rsattal injury protection ar auto medical payments coverage; nr uninsured ar under{nsured matarist few. S!. Bmlafoyer'e L,iabiiity "Bodily injury" ta; ' (1) An "emplayae" of the insured arising out of and in the course af: (a) �tttployment lay the Gtsured; or (b) F'erForming duties related to the conduct a# the insured's business; or (2) The spouse, child, parent, brother ar sister of that "employee" as a cansrdquence of Paragraph (9) above. i'hl® exclusion applir�s whether fhe Insured may bo I{able ae an employer ar in any other capacity, and to any obligation to share damages with ar rnpAy someone also who must pay damages because of the injury. This exclusion daes nak apply to Habllity assumed by the insured under an "Insured contract". With respect to injury arising cut of a "covered auto", this exclusion does net apply ka "badiiy ht)ury" tcJ darneskic "empiaye®s" net eniit{ed to warkers' camp®nsatian benefits. Per the �urpases of this insurance, a domestic 'employee" is a person engaged in household or darnestic wank perfarmad principally in connection with a tesidenoe premises. cu oa a� o� � � this excluslan does not apply to k11e extant that valid "underlying Insurance" for the employer's liability risks desoribed above exists ar would haue existed but for the exhausilan of underrylrrg limits for ''badfly injury", Ta the extent this exciuslon daes net Apply, the insurance provided � under this Gaverage Part for the ®mployer s Ilab{I{ty risks described above will fal{aw the same pt'avlsians, exciusians and lira{kations that are contained in the applicable "underlying insurance", unless otherwise directed by thlr3 Insurance. h. r:mplayment«retated l�rackiaes "Badiiy injury" to: (1) A person arising out cif arty: (aJ F2efusal to ®mplay that person; (b) Termination of that porson's ettnplayrnenk; ar [c) Entpiayment-related practices, policies, acts ar omisslans, suoh as Goeraian, demotion, aualuation, reassignment, discipline, defamafian, harassment, htlmliiatian, discriminatfan ar malic:laus prosecution directed at that parson; ar (�) The spouse, child, parent, brother ar slat®r of that �r~rsan as a consequence of "bodily injury' to fhat person at whom any of the emplaymenf-related practices described in Paragraph (a), (b), ar {c) above is tllreated. This exaluslon appNes wltether the injury - causing avont described in Paragraph (aj, (b) ar (c) abav® occurs before ampioyment, during emplayntent ar after empiayment of that person. This exclusion applies whether tine insured may be liable as an employer ar in any okiter capaoity, attd to any obligat{an to share damages with or repay someone else who must pay damages because of khe injury. i. Pollution ('i) "Bodily injury" ar "property damage'" which would ttat have occurred in whole or par{ but #or the actual, alleged ar threatened d{scltarge, dl9persal, seepage, migration, release ar escape of "poifukants" rrt any tb•ne; or (�) "Pollution cost ar expense". Page 3 of �9 22" of 38 5182 � ,� :�+i K� � � l N �_.. �:.. ' �:. This exchtsian does riot apply if valid "underlying. insurance far the pollution liability risks described above exists or would have existed but far the exhaustion of underlying Iirnits far "bodily injury" and "property damage". T'a the extent this exclusion does not apply, the insurance provided under this Cavorrage p�rrt far thc� pollution risks described above will follow the same provisions, exclusions and limitations tltaf arcs contained in the applicable "undc�rlylrtg insurance", unless atherwisc� directed by this insurance. ). Aircraft or I�lafercraft "Badlly injury" or "property damage" arising out of thQ ownership, maintenance, use or entrustment to others of any aircraft ar watercraft owned or aperat©d by or rented ar leaned to any insured, lJse includes operation and "loading ar unloading" This exclusion applies even if the clot►t7s against any Insured allege negilgence or other wronpdalitg In the supervision, hiring, employment, training ar man tarincd of others by that insured, It the "occurrence" which causf�d the "bodily Injury" or "properly damage" involved the ownership, maintenance, use or entrustment to ethers of any r�lrcrait ar watercraft that is owned ar operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercrafk while ashore on premises you own or rent; (2) A watercraft you da not own that Is: (a) Less titan 5t) feel tang; and (b} Not being used to carry petrsans ar property far a oltarge; (3) Liability assumed under arty "insured contract" far the awrtership, maintona►ice ar ua® of alraraft ar watercraft; (4) i'he exieitt ttkat valid "underlying insurance" frar the aircraft or watercraft IIablUty ris{ts described above exists ar would have existed but far the exhaustion of underlying limiks far "bodily injury" or "property damage". To the extent this Qxciuf�ion does net apply, the insurance prQvidad u►tiler this Coverage Part far khe aircraft or wat�srcraft rlslss described above will follow the same provisions, exclusions and Ifrnitatians that are contained In tl�e "ur►darlying insurance°, unless otfrrarwise dirercEod by this Insurance; ar CU QQ 01 t}� 'i 3 (ti) Aircraft that is: (a) Chartered by, loaned to, ar h(red by you with a paid crew; and (b} Not owned by any insured. k. Racing Activttlee "aodily injury" ar "property damage" arising out of the c►se af'httoblle equipment" ar "auras'" in, or while in practice far, or wltlle being prepared far, any prearranged profesf3ianal nr organized recing, speed, dentalition, or stunting activity or contest. I. VVar "bodily injury„ ar "property damage", Itawever caused, arising, directly or indirectly, out af: (1) War, including undeclared ar civil war; (2) Warllka action by a mtllEary farce, Inciuding action in hindering ar defending against an actual or expaatad attack, by eny government, sovereign or other authority usi►tg military personnel or other agents; ar (3) insurrection, rebeiliart, revolution, usurped power, or action taken by ctovarnrnental authority In hindering or defending against any of these. m, DarrEage To Property "Property da►r►agca" to: (�I) propr�riy: (a) Yau own, rant, ar occupy, including any costs or expanses Incurred by you, or any ether p®rson, organization or entity, for repair, rapiacenteht, ©nhancem®nk, restoration or maintenance of such property for any reason, including prnventlan of injury to a I�orson or damage to anottter's property; or (bi Owned ar transported by the insured and arising out of rite ownership, maintenance ar use of a "covered auto". (�) Prernises you soil, give away or abandon, if the "property damage" arises out of any part of #hose premises; (3} Property loaned to you; (4) Caersanal proporky in the care, custody or aantrai of the )net►red; (8} That particular part of real proparky an which you or eny aantraakors or subconiraators working direatiy or indirectly an your behalf are per•Farming aperatians, If the "property damage" arises out of thane aperatlans; or Page � of � 9 23' of 38 5182 (6) That pariiGul$r pat# of any pr®perky that must be rostored, report®d ar replaaod bc�causa "your warm" was Incorrectly performed on it. i�aragraph {�j of this exclusion does nai apply If khe promisor are "your work" and were never occupied, rented or held for rQntal by you, Paragl°aphs (1)(b), (3}, (4}, (�} and (t3} of this exclusion du net apply to liability assutr►ed under a sidetrack agresmant. Paragraphs �3} and (q•} of th{s exclusion da ►7at apply to Ifabi ity assumed under a written Trailer inlerohange agreement. Paragraph (5) of Phis exclusion dons not apply to "property damage" included in rite "produats- compieted operations hazard". r�. C�a►xtago To Your Product "Property damage" is "your product" arising ar.rt of it ar any port of it, o. Oarnage Ta Yaur Work "Prai�erty damage" to "your work'" arising o#rt of if or any par# of it and irtcludad in the "praducts- aamt71et4d operations hazard", This exclusion does nai applyy if fha damagr�d warl< ar the wor{t out of which the damage arises was performed an your behalf by a subcontractor. p. I�amaga To Imp�lrvd Property �r Paaperty {fat PhystcalEy lnjurt�d "Property damage" to "impaired property" ai' proporky fhrat has net bean physically injured, arising out of; {�) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or () /� delay or failure by you ar anyone acting an your behalf to perform a contract or agresmant in accordance with Ike terms. This exciusian does nak apply to the lase of use of arbor property arising auk of sudden and accidental phys(cai h7jury to °'your product" or "your work" altar it has been put to Hs intended use. cl. �ecalt Of Praducks, Work dr Impaired Property pamages claimed for any loss, cast or expanse incurred by you or others for the lass of use, withdrawal, recall, inspection, repair, re�placemerrt, adjustment, romovai ar dlsposaC of: (•4} "Yaur product"; q2) "Yaur work' ; ar {3) "impaired properly"; if such produak, wank, ar proporty is withdrawn or recalled Pram khe market or from use by any person ar organization because of a {maws or suspecked defeck, deficiency, Inadequacy or dangerous condition in it, r. F'aranr7ai And Advortlsh7g injury "Bodily injury" arising out of "personal and advertising Injury", s. Professional Services "Bodily injury" ar "property damage" due to rendering of ar failure to render any prafesslanal service. This includss but is not limited ta; {�1} Legal, accounting ar advertising services; (2} Preparing, approving, or failing to prepare ar mpprave, maps, shop drawings, opinions, repar'ts, surveys, field ardors, change orders or drawings ar rapeciticatiat�s; (�j Inspection, supervision, quality contra!, architectural or engineering activlkles done by or Far you on a p►nject an which you serve as construatian manager; (4) engineering services, including related supervisory or inspection services; {8) Medict�l, surgical, dental, X-ray ar nursing services treatment, advice or Instruction; (6} .Any health ar therapeutic service treatment, advice ar Instruction; ('�} Any service, treatment, advice or instruatian for the purpose of appearance oi' skin enhancement, hair ranYovai ar replacement, or personal grooming ar therapy; (8) Any service, treatment, advicQ or instruatian relating to physlaal fitness, including service, treatment, advice ar instruatian in aonnaction with diet, cardlovascuiar fitness, bodybuilding ar phyuical training programs; (9) apkametry or optical or hearing aid aervfces Inciudirtg the pr®scribing, preparation, fitting, demonskration or distribution of ophthalmic lances and similar products or hearing aid devices; (1oj Liody piercing services; (41 j Services in the practico of pharmacy; (12j Law enforcement or Frefigiking services; and (13) LCandling, ernbr�iming, disposal, burial, cremation ar disinterment of dead bodies. Pagfl 6 af'iQ 24' of 38 5182 This exclusion applies even if the claims against COV�t�A��» .. pPRSCNAL ANt7 �LiVEt�TISti\#c� any insured alleys negllganro or ether INJlt1�Y k.lA1�iLi'PY wrotagdoing in the sups►visiart, hiring, �. }nsur•ing Agreerrrenk employment, training of monitoring of oth+ars by that bleared, if the "occurrence" whiclt caused a. We will pay on behalf of the insured tits kh4 "badlly Injury" ar "property damage", Ilmikr"tabecat� aosaf �'persanal andh advertising involved tits rendering of or failure to render any injury" ko which tills insurance applies, We will professional service. have tits rlghi and duty to defend the Insured t. Risctrpnia Data against any "sulk" seeking damages for such pamages arising cut of the loss af, love of use "personal and advertising injury" whoa the af, datttage to, oarruption of, inabiiiky to access "and®rlying htsurance" daefi nok provide ar inability to trtanlpulate aieotranio daka, coverage ar the limiks of °underlying insurance'' Idowever, this e�xalusian dsacas not apply to have been exhausted. When we have na duky to liability for daittages because of "badlly Injury" defend, we will have the right to defend, ar to parficipete in the defense of, the insured a ainst As aced In this eixclusion, electronic data means any attter "sulk" seeking damages to wltio� this infarmatian, facts ar programs stored as a►' on, insurance may apply, However, we will have na created ar used an, or fransmitfod to or from duty to defend the insured against arty "suit" oomputer sofkware, Including systems and seeking damages far "personal and advertising appllcatians saftwars, hard tar ftappy disks, CD- Injury" to whlait this insurance does nak apply, Ak RtaMs, tapes, drives, Delis, data prat.®sing our discrcaflon, we may InveskigatQ arty offense devices ar any other media which ar® used with that may invokve this insurance and settle any elertronicaily controlled equip►ttent, resultant ofaim ar "suit" for which we have the This exciustan does net apply if valid "underiyinr� duky to defend. Sat: insurance fvr the eleotranic data rlsics described (•t) 'i'he amounk wa wi11 pay for the "ultimate net above exists ar wouid have Qxisted but Far the loss" Is limited as described in Soctlon III — exhaustitan of underlying Ilrr'tifs for "ias�dliy Injury" I_irnits OF Insurance; and and "properly damage". The insurance pravlded (2) flat righk and duty to defend end when ws under this Coverage Part will follow the same have used up rite applicable limik of provlsia►ts, exclusions and limitations that are insur�anca In the payment of JudgmentQ or contained in the applicable "underlying settlements under Gave►'ages A ar �. insurance", unless otherwise directed by this insurance. Na ether obligation or liability to pay sums or u. Reactrdiny P�itd Dlstributfan df Material ter perfcaCm acts ar seNices is covered unless InPormatlon In lfivlatian Of Law expiiciily provided far under Supplementary Payments _ Cavarages A and B. "Badlly injury" or "properly damage" arising b, This htsurance applies to "personal and dtreakly or indirecf}y auk of any action ar advertishtg Injury" titer is $ulaject to an applicable amiselan kttat vlalates or is alleged to violate; "retained limit". !f any other limit, such as a (1 p The Telephone Consuntar Proleotlan /act sublimit, Is specified In khe "underlying (TCPA), including any amendment of ar Insurance", this insurance does not ap}aiy ka addition to such law; "personal and advertising injury" arising out of (2) The CAN -SPAN Aot of 200�, Including arty that exposure unless that limit Es specified in khe amendment of or addltian to such law; peclarations under the 5chedulc� of "underlying (3) The Fair Credit f�epariing Act (PGi�A}, attd insurance". any amendment of ar addition to such law, c, `Phis insurance applies ka "persona) and fttGluding kite Fair and Accurate Credit advertising I►tJury" paused by an offense a►'ising Transectians Act (FACIA)' car out of your bualness but only If the offense was 4 An federal, skate ar local statute, ordinance aammitted In the "coverage kerritory" during the () ar regulation, other than the TCPA, CAN- policy period. SPAN Act of 2003 ar 1=CHA and their' amendments and additions, that sddressps, pt'ahibils, or l(mlts the printing, dissemination, disposal, collecting, recording, sanding, h`anstttittitp, ttommunicating or distribution of material ar infarrfiaklon. CU 00 0'I 0�t 'i 3 Page 6 of 1 � 25' of 38 5182 Tina Insurance daes eat apply tn. a. "i'araona! and advortisiny Injury"; (1) ttnawing Violation �f }�Ights �►f Anathcr Causef� by or at the diraciian of the insured with the knowledge that the act would vlolaie the rights of another and would infllrt "personal and advertising injury". (2) �iaterlal l�ubliahed With i�nowledga Cif Protsity Arising out of oral or written pubifcatlon, in any manner, of maaterial, if dens by or at tit® direction of fhe insured wfllt knowledge of Its falsity. (3) IViateriai i'itbliahad Prior �'a policy Period Arislrrg aut of star nr written puhUaatian, in any manner, of material whas� first pubiiaatian task place bofare the beginning of the pokey period. (4) Criminal acts Arfsing out of a orlrnlnal sot carnmitt�ed by ar et fhe directlait of the insured, {6} �attitractual i.labiittiy Per which the Insured has assun`ted liability in a canlract or agreement. This exclusion does not apply ta, (a} Liability for damages #hat the insured would have in the absence'of the canlract or agreement. (b) Llablllty far false an'®st, deto►'ttb►� or Irnprieanment assumed In a contract ar agreement. i � � r Arising out of ra breac�t of contact, except an implied ovntraot to use anaiher's advertising Idea In your "advertisement". Arfsing out of the failure of gac�ds, products ar senalces to confarm with any statement oP duality ar perfarmanca mad® in your advertisement , (g} 1tUrang Description 4f Princes Arising out of the wrong descripfian of the price of goods, products ar serv'tcos stated in your "advertisement", cu oQ �� oa � a (9) lnirincfemont �f Capyrtght, t'r<rtertt, Tradernark fir Trade Secret Arising nut of the infringement of copyright, patent, trademark, trade saarel or other intailectuai properly rights, Under this exclusion, rrUoh oihar intellectual properly rights do not include ilia use of another's advertisingd Idea in your "adverkisemenk". Nawevar, this c�xalusion daes not apply to infringement, In your "aadvertisement", of aopyright, trade dress or slogan. ('tt}) Insureds In lVlectia And interest Type �usineasea Committed by an insured whose business Is; (a} Aduertising, broadcasting, publishing or telecasting; (b) t7egtc�ning ar determining coat®n4 of web sires for others; ar (u} An Internet search, access, content ar service provider. I�iowever, this sxaluslon does not apply to Paragraphs 14.a., b. and c. of "personal and adver#isln� Injury" under the Ciofirtltlans sectlan. Par the purposes of this exclusion, the placing of frames, borders ar rinks, or advertising, far you or others anywhere on the intemet, is hot by itself, considered the bush®ss of advertising, iaraadartst(ng, publishing or telecasting. (�i�t} i�loctronic C;hatraams C7r �ui(eEln wards Arising out of an electrania chatraam or boil®tin beard the insured hosts, owns, ar ever vvhioh thcs insured exercises control, {12} Unautho�rix®d Use Of Anather's dame Cyr Product Arising out of the unauthorized use of anather's Warne or product in your e-mail address, dotrtaln name or rrtetatarg, ar any ether similar tactics to mislead :�nathc�t°s potential customers, ('►3} Palluttarl Arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "poilutankc" at zany time. page 7 of 'l9 26" of 38 5182 (1�4} ;�rrtplayment»reiatect PracticQs To. (a) A person arising out of any, (i) Refuse! tv e►nplay that parson; {ill) Torr�tinatlon of that parser's emplayment; or (iti} �mplayment�related practices, policies, cots ar omissions, such as roerclon, demotion, evaluation, reassignment, disciplinQ, dofamatian, harassment, huntiliatlan, discrimination ar malicious praseoutian directed of that person; or (b) "i"he spouse, oh(id, parent, brother or sister of that person as a consequence of "personal and advsriiaing injury" to that parson at wham any of the ernpiayment� related praotiaes described In Paragraph {i}, (II) ar (lip above is directed, "i�his exclusion applies whether iho Injury- aausing overt described In Paragraph (I), (ii) nr (itt) above occurs before employment, during erttpiaymeni or after emplayment of that person• This exclusion applies whether ttte inaua•od may be liable as an employer or to any otlter oapaclty, and to any obligation to share darttag®s with or repay someone else who mtast pay darYrag©s because of fire injury, (9ti) F�rofesstartial Services Arising out of the rendering of or failure to render any professional aervia$. This includes but is not limited fa. (a) t,egal, accounting or advertising servic�as; (b) Preparing, approving, ar failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing$ or sppoificatiarrs; {c) h�apection, supervision, quality eantrol, arcttitectural ar engineerincd t�ctivfties Bona by car for you on a praJeck on which you serve as construction manager, (d} l=nglrteering services, including related suporvlsary or inspection servioas; (e) Medical, surcdlcal, dental, X»ray or nursing servfaes treatment, advice oi• instruction; cu as a� a� �l� (f) Any health ar khorageutic service treatment, advice or instruction; (g) Any setVice, traatm®nt, advice ar Instruction far the purpose of apgearanaa or skin enhancernant, hair removal or replacement, or personal grooming or therapy; (tt} Any sarvlcQ, treatment, advice cr Ins4'Uatioh relating to physical fitness, Includlnrd s©rules, trealment, advice or instruction in cannectlon with diet, cardlovasaular fiknasa, bodybuilding ar physical training programs; (i) C�pfornotry or optics! ar hearing aid servtces Inoiudittg the prescribing, preparation, fitting, datnons6'atian ' Qr distribuflon of ophthalmic lenses 'and similar products or hearing aid devices; (j) i3ody piercing services; (k) Services In the practice of pharmacy; (t) Law enforceme:ni ar flrafighting services; and {m) Handling, embalming, disposal, burial, aremafian or dislntnrmenk of dead bodies. This exclusion s�ppNes even if tine claims ag�ainst any Inaurod allege negligence or okftor wt•ongdoing in the supervision, hiring, emplayment, training ar monitoring of others by that Insured, if the offense which oausod the "personal and advertising injury", Involved the rendering of ar failure to render any professional service, (•16) War However caused, arising, directly or indire:atly, out of: (a) War, inoiuding undeclared or Civil war; (b) Warlike action by a military force, inoiuding action In hindering or defending agraknst an aotuat or expected attack, by any government, sovereign or atiter autttarity using military personnel ar other agents; or (o} Insurroctlop, rebailion, revolution, usurped power, ar action taken by govornmorttal authority (n hindering or defending agalnat arty of these, 27' of 38 5182 {�t7j t�acarding Anti Distribution Of ll✓fateria) or f, f�rejudgrnent interest awarded against the Infarmatian In vlolatlon ®f Law ti7sured on that part of kl�a judgment we pay.. if Ar'ising directly or indlreotiy auk of any acfian wa rYteks an offer la pay the applicable If►nik of ar omissian that vlalatos ar is alleged to tnsurance, wp will net pay any i>roJudgmsni vlalate: Interest based on that period of time after the after. {a} The Telephane C;onaumar Protection Act g Alt tntarast on the full amaunt of any Judgment {TGt'A), including any amendment of or that aocruas after entry of thn judgment end addtlion to suel� taw; before wa hmva paid, offered tc� pay, ar (ly} 't'ha GA1�1�sPAN1 Act of 2003, including deposited in caurt the part of the jUdctment khat any amendment of nr addilian to surh is within the applicable limp of Insurance. law; Thaw p3ymanks will not reduce tits limps of (a) The Falr Credit I�epariing Act (FGIZA}, insurance. and any amendl�rent of ar addition tca � When wa f►rtve� the 'right but net iha duty to defend such law, lnolutiing the Fair and Accurate tho insur®d and elect to particfpake in the dafansp, Credit Transgetlons Act (FACTA}; or we will pay our awn Qxpc�nses but will not ca�trlbuta {d} Any federal, state ar local statute, to th$ axpens®s of khe Insured ar khe "underlying ordinance or regulation, otheY than tl�e insurer". TCi'A, CAN -SPAN Act of �Q03 or FCFiA g If we defend an insured against a "sulk" and en and their amendments and additlans, that inde►ttl7lteo of the insured is also named as a party addresses, prohibits, ar Ihr+its khe printing, to the "suit", we will defend that indemnitee if all of dlsseminatlon, disposal, collecting, the fallowing canditians are met: recording, sending, ti�nsmittiny, cpmmunicgttr7g or dlstributkan of material a, 7ho "suit" against the indemnitee seeks or infarrrtatlon, damages for which the insured has assumed the „ klablllty of the indemnktec� in a contract or b. "Palluklan cost ar expense . agraemcant that is an "insured contract"; SIJPPI��M�IdT,ARY p�,YNiNTS ��� GO'V��Ac��s A t�, 7•i'tis insurance applies to such liability assumed ACID � by the insured; � , VVe will pay, with respect fa any alairrt we invasligata or satkie, or any „suit" against an insured e. The obligation ko defend, ar the cast of the defense of, that indemnitee, tree also been wo defend, when the duty to defend exist9: assumed fay the insured in the same "insured a. All expenses we Incur, contract"; G. Up to $�,00ti for cost of bail taonds (inaiuding d. Tha allegaiians in the "wait" and the information bonds for related trafflr, law violatlans} required we know about the "ocaurrenca" are such that because of an "occurrence" we rovor. We do na conflict appears to exist between the net have ka furnish those bands. interests of the insured and the interests of khe c, Tho cost of bonds to release attaehmenks, but indemnitee; only for band amounts within the applicable limit e, Ti1e IndemnEten and the insured ask us to of Insurance, We da not have to furnish these conduct and central the defense of thtat bands, indemnitee against such "cult" and agree That d� Ail raasanable ©xk,enses incurred by the insured wa can assign the same aounsai to defend the at our request to assist us in khe tnvesfigation or insw�ed and thc� indemnitee; and defense of tha alafm ar "soli", including actual lass of earnings up to $2f0 a day because of time aff,fram worm, e. All court costs taxed agab�sf the Insured in the "sulk". HaWevor, those payments da naf inc{udn aktorneys' fees or attarnc�ys' expenses taxed against the Insured. Gu o0 o•I a� � � I'agta 9 of � 9 28' of 38 5182 f. The indemnitee; {�9) Agrees in writing ko; {a} Cooperate with us in the Invnstlgatian, seftlemant ar defense of the "suit"; (h} immediately sand us copies of any demands, notices, summonses or legal papers received In connaatlon wish the "suit"; (r.} hlotify any other insurer whose roverage le available to thca indemnitee; and (d) Canperato with us with respect ka coordinating other appl{cable insurance available to the indemnitee; and (�} Provides us with written authorization tv, (a) Ub#Afin records and ati�er Infannation related to the"'suit"; and (b} Gonduat and control the defense of the ind®rnnitee in snob "suit", So long as thb �tbovo conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expanses In�:urred by us and necessary Iltipatian expenses Incurred by the indemnikae at our request will be paid as Supplementary 4�ayrnents, Notwlthstariding thc� provisloris of Paragraph 2.b.(2} of secttan I �• Coverage A �.. Bodily Injury And Property barrage l.labltity, srtch payments will not be deemed to be damages far "bodily inJury" end "property damage" and will not reduce the limits of insuranas. par obAgation to defend an Insured's indemnitee anci to pay far attorneys' fees and necessary litfcdatian ®xpenses as �upplomentary i�ayrnerris ends when we have used up the applicable limit of insurance In the payment of Judgments ar settlements ar the cond(tions set forth above, or the terms of the agrsernent described in Paragraph f. above, are na longer met. S�Ciit�N II •-• ltlii-iQ IS Aht lNStJRB6� 9. 1=xcept far Ifabllity arising out of thv awner�hip, rnainkenanae or usc� of "covered sofas'° a. If you era designated In the geelarations as; {�1} An Individual, you and your 9pc�trsa am Insureds, but aniy with respect to the conduct of a business of which you era the ante awt7er• (2} A partnership or joint venture, ya4t era an Insured, Yaur m©mbars, your partners, and their sppuses are also insureds, but aniy with raspeck to the conduct of your business. �uat�o�o��a (3) A IGttiied Ilabilky company, you arQ an insured. Your rrlerr•tbers are also insureds, but only with respect to the conduct of your business, Your' rnansgc;rs are insureds, but only with rasp®o! to thr�lr duties as your rnanagars. {q} An organl�atian other than a partnership, joint venture or Itrritad Ilabiiity company, you are sn insured. Your "executive officers" and direatars are Insureds, but only with respect to their duties as your afficera ar directors. Your stootEhalders are also Insureds, but only with respect ka their liability as stacidiaidars. {5) A Ernst, you era an Insured, Your frusteas are also insureds, but only with respect fa their duties as trustees, b, each of the fallowing is else an insured; (1} Your "volumteer worker$" aniy while performing duties related to the conduct of your busfness, or your "emplayses", other than either' year "exoctitive officers" (if you are an orgenlzation other than a partnership, Joint venture or limited liability company) ar your managers (if you are a limited liability company), but only for acts within the scope of their employment by you ar while performing duties related to the conduct of your business. Now®ver, Wane of these "emptayees" ar "volunteer workers" at'e hisurnds far: (a) "Bodily injury" ar "p©rsonal Arid advertising injury"; {i) io you, to your partners or members (if ynu are a partnership or Joint venture}, fa your members (if you are a limitr:d liability company), to a co, "employee" in thc� rourse of his ar her employment or perfarrniizg duties rotated to f}1e conduct of your business ar to your other "volunteer worker's" while performing duties related to lhr� conduct a# your business; pl) Ta fhe spouse, child, parent, brokher or sister of that co -"employee'" or "volunteer worker" as a cansnquence of Paragraph (aJ{I} above; ar Page 'iq of `IJ 29` of 38 5182 {!it) F'ar whioh khare Ib any alaiig$tfon to 2. t7nly with respeot to liability arising aut of the sharA damages with or repay ownership, maintenance or use of "covered autos"'; som®one else who must pays a. You are an insured. damages because of the injury 6, Anyone ®lsa while using with your permisslan a described In taragraph {a)(i) nr (ilj "covered auto" you own, hire or borrow is also above. an insured except: (b) "I�roperly damage" to property: i ©wnt~ci, occupier) o►` used by; (�) The owner or anyone else frarrr wham you () hire or barrow a "covered auko", Thls {Ii) rented ta, In the care, custody or exception does not apply iF the "oovered control af, or over which physical auto" Is a troller or s®mitrailer connected to a c�antrol Is being exerolsed for any "covered auto" you own, purpose by; (Z) Your "employee" If the "covered auto" is you, and of your "employees", "volunteer owned by that "entpinyse" or a member of workers `, any partner ar rnemtaer (if you his a' her housoltold. are a partnership er joint venture), or any {�) Someone using a "aovgred auto" while he ar member {if you are a limited Ilahillty she Is working in a business of selling, company)' servioing, repairing, parking ar storing (2) Any person (ether than your "employee" or "autos" r.miess that business is yours. "volunteer worker"), or any organization �, An one other than ynur "employees", whNe t�ctGig as your real estate manager. {) y 3 An arson or organlzatinn having proper partner$ (ff you era a partnership), metribers (� tornporary custody of your property if you (if you are a iirnited Ilabliity company), or a die, but oni ; lessee or borrower or any of their y "employees", while moving propcariy to or (a) With respect to liability arising out of the from a "covered auto" ►tiaintenance ar use of that property; and (�) p, partner (ff you ors a pariner5hip), ar a {b) tJntii your legal representative has bean meirrhar (if you are a limited liability appointed. company) fora "covered auto" owned by him (4) Your legal representative if you die, but only or her or a member of his ar her household. witi7 respect to duties as such, That (�) "�rnployees" with respect to "bodily injury" t« representative wt11 have aft your rights and fa) Any fellow "employee" of the insu►�ed duties under this Coverage Part. arising out of and In tl�so cause of thr: c, Any arc�anizatian you rrewiy acquire or form, fellow "employee's" employment or while ofhc�r than a partnership, joint venture ar limited performing duties related to the conduat Ilabliity company, and over which you mairrtaln of your business; or nwnersiyip ar majarlty I►Merest, will qualify as a ib) 'i'hr� spouse, child, parent, 4�rothor or htamed insured iF there is no ofher' similar sister of that fellow "smployee" as a insurance available is that organization. cnnsequenoe of Paragraph (a) above. Flowever: (9) Coverage under this provision is afforded c. Anyone Ilalaie far the onnduct of sn Insured only until the Oath dray after you acquire nr describ©d above iri also an Insured, Taut Qniy t4 form the organization nr thc� c�nd of the policy the extent of that IlabiilEy, laerlod, whichever Is earlier; {�) Coverage A does not apply fa "bodily Injury" or "property da►nage" that occurred before yeu acquired or formest th+a arc�anlzation; and {3) Coverage l3 does not apply to "personal and advertising injury" arising out of an offense Ga111n11tted be�faro you aequirod or farmed the organization. CtJ qb 0't U�t 19 t'ag�s 11 of 1 g 30` of 38 5182 �� .,. M .: 1 .: 3. Any additional insured under' any pafiry of "underlying insurance'' will automatically bU an insured under this hisurance. Subject to SeGtiart itl � Limits rJf insurance, if coverage provided to the additional Insured is required by a conkract or agreement, the most wa wilt pay an behalf of the addltlonal irtsuretl is kh® amount sit insurance. a. Requires! by the contract or agreement, less any amounts payable by any "underlying insurance"; or b, Available under the applicable Limits of Instrance shown in the F�eclaratlans; whichever is less, Additlottal Insured coverage provided by this insurance will net be broader titan coverage provided by the "underlying insurance". No person ar organization is an Insured with respect fo fire conduct of any current ar prasl partnership, joint venture or iimlled IfabiHty company that is net shown as a tVamed Insured in the poclarations. SEC'ii IC?t� ill -� LtMIiS �iP INSUt�AhtCE 1. Tha Llmite of insurance shown in the Declarations and the raise below fix the mast we will pay regardless stf the number of; a. insureds; b. Claims made, "suite" brpugh#, or number of vehicles involved; or c. Persons or organizations making claims or bringing "suits". �. The Aggregate L6mlt Is the most we will pay for the sum of ail "ultimate net loss" under: a. Coverage A, exoopt "ultimate net loss" because of "hoclliy Injury" or "property damage" arialny out cat the ownership, maintenance or use of a "cav�srnd auto'; and b. Coverage F3. 3. Subject ko @ar'agraph 2, above, kho Each Qccurronco l.lmit Is the moat we will pay for the sum of ail "ulllntato net lass" ender Coverage A because of ai( "bodily injury" and "property damagQ" arising out of any one "occurrence", �. Subjack to ParagrapIt 2. above, the Persnnat And Advertising Irt)ury Limil is the rnosl ws will pay under Covoraga � for the sum of ail "ultimate net lass" because of all "personal and advertising Injury" sustained by any Qne person or organlxatian, CU oq o1 041 a 6. If there is "underlying Irtaurattca" wlih a policy periad that is nonconcurrent with the policy period of this Comtnerclal Liability t�mbrelta Coverage Part, the "retained limits)" will only bs reduaad or exhaust®d by paym®nts tar: a, "Podlly injury" or "prop®rty datttaga" which occurs during the policy period of this Coverage tart; or b. "Pt;re�nnal and advertising injury" for offenses khat are committed during the policy perlad of this Coverage Part. However, if any "underlying insurance" is writt®n on a claims -made basis, the "'rolainod limit{s}" will only be raducbd or exhausted by claims for that insurance chat ar® mad© durittg the policy period, ar any Extended Reporting Period, of this Coverage Part. The Aggregate Limit, as desarlb®d in Paragraph �. above, applies separately to each consertrtive annual period and tp any remaining period of fee$ than 12 months, starting with the beginning of the policy periad shown in the 17eciarations, unless the policy perlad is extended after issuance far an additional period of less titan 12 months. In that ease, the additional perlad will be deemed part of the last preceding period for purposes of determining thtl Limits of Insurance. BECTIt�N IV y.. COPlpITiC)tJS 1. Appeals If the "underlying insurer" or insured alecis net to appea! a judgment in excess of the "retained limit", we may do so at our own expense, tNe will also pay for taxable cour-i costs, pre- and postjudgntant Interest and disbursements associated with such appeal. in na event will this provision increase our liability beyond the appllaalala Limits of insurance described in Seotlon itl �-Limits C7f Insurance. 2. Bankruptcy a. Bankruptcy Cif t►teuract Pankrup#cy or Insolvency of th® insured ar of the insured's ss#ate will not relieve us of our obligations under this Covoraga Part. Page 12 of 1g 31' of 36 5182 b. bankruptcy C!f tJttde3riying Insurer 13ankruptoy ar insolvency of the "underlyying htrurer"' will not relieve us of our obligations under title Coverage F'ari. However, this insurance will not replace the "underlying Insuranae" in khe avant of bankruptcy or insolvency of the "unttariyUtg insurer". Thrs Insurana�e wi11 apply ae if the "undartying insurance" ware in foil effect. �, duties to The went t�f [7ccurrance, Cffenae, Claim �r quit a, You must see to .it khal we are notified ae soon as practl�ble of an "occurrence" ar an ofFense, regardless of the amount, which may result In a ctafm. Ta Etta extent possible, notict� should incfude: (1) How, when and where tits "accurrenao" or offense tonic place; (2) The names and addresses of arty InJured persons and witnesses; and (3j The nature and location of any injury ar datttage arising auk of the "accun•ance" or ofFense. h. If a claim is made ar "suit" le bratrcght against any ina3ured, you must: (1) Immediately record the spa3c;ifics of the alaim ar "cult" and the date received; and (2) NQtlfy u5 es soon as practicable. You musk saa to it that we receive written notice of the calm or "suit"' as soon as pracklcable. c. You and any aEher involved insured ntust: (9) imtttediatoly send us copies of any demands, vatic®s, summonses or lapel papers raaelvr�d in connection with the claim or „suit". (2) /�uihari�e us to obtain records and other infoematian; (3) Gaal7arate with us In the inv®stigatfon or sefttement of the claim ar defense against the "suit"; and (4) Assist us, upon our request, In the enforcement of any right against any parson or organization which may ba Ilablc� to the Insured because of Injrtry or damage to which this insurance may also apply. d. No insured will, c�xcepl at that insured'tt own aosk, valuntariiy make a payment, assume any abligatian, ar incur any expPnso, other than for first arid, without our consent. CU 00 01 Opt 13 4. Lragal AGtiatt Againaf tls Na person ar organization has a right under this Coverage Bart; a. To jolrt us as a parley or otherwise brih� us into a "suit" asking far damacges from an in€+ured; or Ca. Ta sue us on this Cav®rage Part unless ail of its ierma have been fully complied with. A person or organization may sue us to reaovar nit an agreed svttiament oi' on a final Judgment against an Insured; fatrt we will not be liable far datttagas fhaE are itaf payable under fire terms of this Covar•ago Part or that era in excess cif th® appiicat5la (lrttit of insuranae, an Agreed sattiernenf means a snftl®want and release of liability signori by us, the insured and the claimant or the c(almant's legal representative. 5. C�titar Insurance a. This Insurance is excess aver, and shall nut contribuke with any of fire other Insurance, whether prir�tary, excess, contingent or on any other basis. This condition wilt not apply to Insurance: specifically written as excess bust this Coverage Part. When title insurance Is excess, we will have no duty andor Coverages A or � to defend the instated agaUtst any "suit" iF any other insurer has a fluky to defend the 9nsured against that "sulk". If no other InsurQr defends, we will undertake to da so, but we will be eniltled to the insured's rights against ail those other insurers. b. When this Insurance is excess aver other Insurance, we will pay only our share of the "ultimata net lass" that $xcoects the sum af; (1 j The fatal amount that ail such other insurance would pay far the lass in the absence of the insurance provided under tills Coverage Pari; and (�) The fatal of all deductible and satf�insured amounts under all chat other insuranc©. Pape 13 of `19 32` of 3S 5182 6, prorttfurn Audit rr. Wa wilt compute nil premiums far this Covera�s Patf In accordsnatr with our rules and rates. tt. Premium shown in this Coverage part as advance premium is a drposlt premium anly, At the closo of each audit period we will compute the earned premium far that period and send notice to the first Named bleared, The due date fo►' audit and retrospective premiums is the date shaven as the due date ern the bill, if the sum of the advance and audit premiums paid fcr the policy period is greater khan fhc yarned premium, wa will return the nxaess to the first Nam©d Insured. c. The first Named insured must {<eep records of the informatian we need for premium computaklon, and send us copi$s at such tilts®s as we may request, 7. Rcrpreaentatiana C1r' Praud By accspthtg this paiicy, you agree; a. The atakements in the Dsclaratians are accurate rind complete; b. Th©se statements are based upon representations you made to us; c. We haver issued khis paiicy in reliance upon year represstttatlons; and d, Thls policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 8, Separation �f insureds except with rdspect to the Limits of insurance, and any rights or duties sparlfically asalgnsd its this Covcrrags part to the firsi Named insured, ibis insurance applies: a. As If crash Nemod insured were. the only Named Insured; and b, Separakely tc each insured againsk whom claim is made ar "suit" is brought. 9. °°Y"ransfar t�f fights iif ltecovnry Agalrtst i3thers is Us if the Insured has rights fo recovor all or perf of any payment ws hays rnadr� ut7dsr khis Covst'ags fart, those rights era transferred to us, Thp insured must do nathincd after loss to impair f}tem. At our request, the insuracf wlli bring "suit" or iranefer thane rights to us and help us snfares them. CU QG 09 Qd 13 if we decide net to renew tills Coverage I~'a►'i, we will mail ar deliver to the first Named Insured shown In the Dsclaratlons written notice of the nonrt~newaf not less than 3� days before the expiratlan Bete. If statics I® mailAd, proof of mailing will bs aufficisnk proof of notice. 1'i, E*ass Payable t,labillty under this coverage Part does not apply to a given claim unless and until; a. The insured or insurod's "underlying Insurer" has kreco►7►e obllf}atsd to pay Cho "retained limit"; and i�. '('he obllgatlon of the Insured to pay the "ultintate net loss" in excess of the "retained limit" has bean dotermined by a final ssttisrnnnt ar judgment or written f3greement among the insured, claimant and us. ' 12.`Tranafer �f Dafc�nae When the underlying limits of Insurance have bean used up in the payment of judgments ar sc�tHermertts, the duty to defend will be transfsrtad to us, We will cooperate in tits transfer of control to us of any outstanding claims or "'suits" sss4cincd damages to whlclt thlfi insurance applies which would have been severed by the "underlying insurance" had the applicable limit not been used up, 13, Maintenance Cif/�trarrgee Ta tJndsriying Insurance Any "underlying insurance'" mt.tst he metntalned in full effect without reduction of coverage ar Iimiks except for the I'sduction Qf ibis aggregate limit Irt accordance with the previsions of such "underlying insurance" that results from payment of claims, settlement or judgmonts to wlticit this insurattes appiios. Such exhaustlan or reduction is not a faifurs to maintain "underlying ittsuranccr", paHure to maintain "underlying insurance" will nal invalidaka insurance provided under this Coverage Part, but Insurance provided under this Coverage Dart will apply as if the "unclorlying insurance" wars In fui! effect. if theta Is an increase In th® scope of coverage of any "underlying ihsuranas" during the terns of this paiicy, .our !lability will be nor mare khan it would have been if theta had been na such Increase, Page 14 of 19 33' of 38 5182 You musi ttot{fy us In writing, as sown as SCCTIt�N V �. C�EFI�It't'ii7i~�S practicable, if any "underlying insurattcca" is 1. "Advertisement" means a notice that Is broadcast ar oanaelled, eat renewed, replaced or otherwise published fa rite general public ar specitio market terminatw�d, ar If the {imlts ar scope of oaysrage of segments about yattr goads, products or services any "underlying insuranao" is changed, for the purpose of attracting customers ar 14. Bxpandad �avaraga i'4rrirory supporters. Far the purposes of this dafinitian: a. If a "suit" Is brought In a part of the "coverage a. Notices itt>rtt are pul�llshed include rrraterial torrit®ry° that is ouisfde kite United States of pissed an kite Intetftet ar an sltnElar ®lectronla Amdrlca (including its t®rritories end ,means of cammunicatian; and peas©salons), Puerto Fuca or Canada, and we b, Regarding web sites, only tint part of a web Bike are prevcanted by law, ar otherwise, from that is about your goads, products or services defending then inaurad, thc� htUured will Initiate a far the purposes of attracting austontors or defense of the "suit", We will reimburse the supporters Is cottsldared an advertisomenf, insured, under Suppiemantary Payments, for any rcasanable and necessary expenses �. "Auto" means; incurred fur the defense of a "cult" seal<ing a. A land moist vehicle, trailer or semitrailer damages to which this insurance applies, that designed for trayol on puhilc reads, irrctuding we would have paid had we been able to any attached tttaahinery ar equipment; or exercise our right and duly to defend. b, Any othrar land vehicle that is subject to a If tits insured becomes legally obligated to pay compulsory ar financial responsibility law ar sums because of damages to which this otltar molar vehicle insurance law where it is insurance applies in a part of the "covgragB licensed or princlpaNy garaged. kerritory" that is outsWe the Urtitad Stakes of However, "auto" does not Include "mobile AmLrica (inc}uding its territart�s and .equipment". possessions , Pueria Rico or Canada, and we are prcavented by law, or otherwise, tram paying 3, "Bodily Injury" means hadlly injury, disability, such sums an the insured's behalf, we will sickness ar disease sustained by a person, reimburse the insured for such sums, Including death resulting from any of these at any time. "Rad(ly Injury" Includes mental anguish or b. Alt payntsnts or reimbursemenks wa make for outer tnentr�l injury resulting from "bodily injury", damages because of Judgments or saktfernents will bs mods in U,S, currency at th® prevailing �. "Coverage tgn�itory" means anywhere in the world exchange rate at the lima the Insured became with 4he exception taf any country or jurisdiction legally obligated to pay such sums, Ali payments which is subject to trade or other aConomia sanction or raintburseittenfis we make far expenses under or embtarga by the United States of America. Suppla�mentary Payments will be made in U.S. �, °�;avored auto" moans only those "auras" to which currency ai the prevailing exchange rate ar the °underlying Insurance" app6ies. fim® the ®xpenses wore incurred. g, "�mplayee" inaludas a "leafed wariteN'. "�mplayee" c. Any disputes between you and us as ra whether does not include a "temporary worker", there is Coverage under this policy musi ba filed 7 "Cxeoutive afflaer" means a person holding arty of m the oourts of the United States of America tits afticer posltlans oreatad by your charier, (Including its territories end pcssessians), constitution, bylaws or any oth®r similar governing Canada cr Puerto Rico. dacut�tent, d. The insured must fully maintain any coverage ge "Irnpairgd property" means tangible property, other required by law, regulation or aiher }}ran "your praduat" ar "your work", that cannot be gavgrnmantal authority during thc� policy period, trsbd ar is less useful because: except for redircilon of the aggreg,:tte limits duo #a payments of claims, Judgments or a. It incorporates "your pruduat" or "your worts" fihar sottiarnc�nts, is i<nawn or thought to be defective, deficient, Failure to rnahtkain such coverage required by inadequate or dangerous; or law, r©gulaticn or other gavernmc�ntai authority b. Yau have failed to fulfill the terms of a cantraot will. nai inyaltriate this insurance, k-lawever, this or agreement; insuranr�e will apply as if tits required coveraga by law, regulation or other gavornmentai rauthariiy was In fttli affect. F'age�Caf19 34" of 38 5782 if such properly aan be restored fa uar� by the �3) TI7at holds a person or organization engaged repair, replacamnnk, adjustment or removal of "yaur fn the bttsineas of transporting property by product" or "your work", or yaur f�dfilling the terms of "auto" for Kira Marirrless for your use of a the aantraat ar ac�raemant, "covered sofa" aver a route ar territory that �. "Insured contract" means: person ar organization is authorized to serve by public authority. a. Aatapo tionaof tt�e�oantract fo9ea Iteast3v ai '1b."I-eased warkar" means a person leased to you by premises that indnn7nlftes any person nr a labor leasing firma under an agraoment batweeri organization far damacda by fire to premiab9 you and fho labor leasing tiara, to psrFarm duties while rented fa you or ta►raporar[ly acaupied by related to the condurf of yaur business, Leased you with parmissian of ti3e owner ie not an worker" does net include a "temporary worker", "Insured contract"; 11."Leading ar unlaadinc�" means the handling of b. A sidetrack agreement; property' c. Any easement ar license agreement, except In a• After it is moved from the place where it is connoatian with construction or dernolliton accepted far movement into ar ottta an aircraft, aperatlons on ar within 6g feet of a ratlraed; watercraft or "sofa"; d. An obligation, as required by ordinance, to b,Whlle� it Is in or an ran aircraft, watercraft or indemnify a municipality, except In connartion auto ; or with warn for a municipality; c, While (t is being moved from an aircraft, o. An oleavator tna(rttenanoa agreement; watercraft or "auto" to the place wham it is finally delivered; f. That part of $ny contract or ogreoment entored but "loadlncd �r unlaading" does net Include khe intro, as part of yaur business, pertafning to ttao movement of property by means ®f a mschaniaal rental or lease, by you ar any of your device, other than a hartct tl'uck, that Is net attached "®mploye®s", of any "auto", Mdwavar, such to thca ssirr.raaft, watercraft or "auto", contract or agrenrnent shall not ba considered an "insured contrast'' to the extent that It 12."Mobile equipment" means any of th© fallowing obligates you ar stay of your "employees" to pay types of land vehicles, including any aiiaclaod for "property dat�tage" to any "auto" ranked ar machinery ar ®quipmAnt: leased by you ar any of yaur "employees". a� Bulicinzers, farm machinery, forklifts and nthdr g. ihaf part of any other contract ar agreement vehicles designed for use prinaipaliy off public pertaining to your business (including an roads; indemniflcatiai of a municipality in connection l7. Vehicles a-raalntainad far use solely on ar noxt ka with work performed for a municipality) and®r premises you own ar rent; which you aa�sutYae the tort iiak�ility of another party to pay far "bodily injury" ar "property c. Vehicles that (ravel an crawler treads; dat'nggn" ka a third parson ar organization. Tort d. Vehicles, whether seif�propelled or ttiot, liability means a liability that would be Itriposed maintained pttmarily to pravlde mobility to icy law In the z�k7senco bf any contract or pernzansntiy moua7tod; agreement, �1) Power manes, shovels, loaders, diggers ar paragraphs f. and g� do not Include that part of any drills; ar contract ar agraoment: ��) Raad construction or rasurfaring eclulprraent (1 } That indemnifies a railroad far "bodily injury" such as graders, scrapers ar railcars; ar "property damage" arising out of p, Vehicles not desaribad In Paragraph a., b., c. ar construction ar demolition operations, within d, shave that are nok self-propelled and arc 50 fcaet of any railroad property and affecting maintained primar(fy to provide mobility tt� any railroad brldc�e or trestle, tracks, road- permanently attached equlprnont of the fallowing beds, tunnoi, underpass ar arassing; typ©s; (2) 'That pertains to the loan, lease or rental of an "aUt(7" to you Qr qny of your "employees", if the "auto" Is leaned, leased ar routed with a driver; or �U tlg d1 Q413 pagelgofl9 35' of 38 5182 (�j liir compressors, pumps and generators, f. The use of ono#her's sdvertising idea In your including spraying, weldln®, building "adverbs®meet"; or cleaning, geophysical exploration, Ilgltilrig g, Infringirtg upon anotiter's copyright, trade dress and well servicing equipment; ar ar slogan In your "advert(soment", (2} Cherry pickers and similar d®vices used to �5."Pollutants" mean any solid, liquid, gaseous or raise or lower workers; thermal irritant or contaminant, Inclur3ing smoke, f. Vehicles not described In Paragraph a., b., c, or vapor, sack, �urr►as, acids, alkalis, chemicals and d, ak�ovs maintained primarily Par purposes other waste. Waste Includes materials to bra r@cycled, than the transportation of persons or cargo. taco►tditlatled ar reclaimed, i-lowever, self-prai7eiled vehlolca wish the 1G."F�otlutian costar expense'° means any loss, oosk or fallowing types of permanently aktached expens$ arising Out of any: equipmf�nt ar4 not "mobile nquipmenk" taut w01 a, i�equesk, demand, order or skatt►tory ar be considered "autos": recdulatory requirement that any Insured or (1} �quip►rrent designed primarily far: others lest far, monitor, clean up, rentave, {a,) know rnmaval; contain, treat, detoxify ar neutralize, or In any b Raad rnalntananc®, taut not conakructiait way respond ko, ar assess the effr�cls of, { 1 "pollutants'; or ar resurfacing; ar h. Maim or suit by or on behalf of a governmental (r.) Street rlearring; authority for damages because of testing far, {2j Cherry pickers and similar devioAs mounted monitoring, cleaning up, removing, containing, on automobile or truck chassis and used tc treating, detoxifying or neutralizing, or in any rates or lower workers; anti way responding to, or assessing file effects of, (3) /�Ir compressors, pumps and ,generators, "pollutants". Including sprayln,, welrting, building `l7. "'Products -completed aperatic�ns hazard"; cleaning, geophysical exploration, lighting a, Includes all "bodily Injury" and "properly and Well servicing equipment. damage" occurring away from premises �rou However, "mobile oquipm®nt" does not inaludr� awn or rent and arising out of "your product' ar land velllctes that are subJeck to a aornpulsary or � "your work" except: financial responsibility law or ofttar motor vettlole {4) Products that are still In your physical Insurance law where it is Ilaensod ar principally possession; or garaged. Land vehicles suhjsct to a compulsory {�) Work that has net yak bean eamplotc�d or or finanalai responsibility law or ether molar abendan$d. Flawgiver, "your work° will be vehicle (nsurancc� law are c.crtsldared autos , deemed corpp(eted at the earllc�sf of the 13."Cccurrance" means an accident, Including fallowing times: continuous or repeated exposure to substantially {a} _When ail of the work called for In your the same general harmful conditions, contrast has been completed. 74."Personal and advertising injury" means injury, Inciuding consc�quentlal "bodily injury", arising ouE aF {�} When ail of the waric to be dorta at the )ob ono or more of the following offenses: site has been completed if yore• contract cads for work at morn than one job site. a. False arras#, detentlan or irnp►'Isornnsltt; b. Mallrlous prasgcutfan; {c} When that par! of the work done at a Job sike Iles been puk to its intended use by c. The wrongful aviation from, wrongful entry t►tto, any person or arganizatlon other ti'ran or Invasion of the right of private occupancy of a another contractor ar subcontractor raarn, dwelling ar premises thak a parson worl<Ing on the same project. occupies, committed by or an laehatf of its Work that may need service, maintenance, owner, landlord ar lesser; correction, repair ar replacement, but which d, oral ar written publication, In any manner, of Is otherwise complete, will be frosted as material Ihat slanders or libels a parson a►• completed, arganizatlan or disparages a persart's or organizatlon's geode, products ar services; e. oral or written publication, in any manner, of ntaterlal that violates a persan's rlgftt of privacy; cu a� a� o� � � Page '17 of `i 9 36' of 38 5182 �� .+ a L '� d b. Gads nbt i►7cluda "bodily Injury" or "property ddrriacte"arising out of; (1) The transportaElon of property, unless the injury or damage arises auk of a aandtfion in or on a vehtala not ownati ar operated by you, and that condition was created by the "loadlntd ar unloading" of that vehicle by any Insured; or (2) Ths existence of leafs, uninstalled equipment or abandoned ar unused materials, '18. "Property damage" moans; a. Physical injury Ea tangible property, inaludir�g all resulting lass of use of that propr;c#y, Ail such loss of use shaft be deemed to opCtrt' at the time of the physical injury that caused it; ar b. Loss of use of tangible property that is net physically injured. Ail such loss of use shall be deemed to occur at the limo of the "acaurrence" that aaus®d it. With respoat to the awr7arship, rtiairitenance ar use of "caverad autos", praperiy damage also includes "pollutlan cast or expense", but only to the extent that aaverage exists under the "underlying insur�anae" or would have existed but far the exhaustion of the underlying limits. par the purposes of dris insurance, with respect to other than Ehe ownership, maintenance ar use of "covered autos", eleotmnic data is net kangibia property. As used in this definition, electronic data mezarts hiformakian, facts ar pragrarns stored as or an, created or used on, ar transmitted ka a►' from computer sattware (Including systems and appliaatians software), hard or floppy dislts, Gl�� i�OMe, tapes, drives, calls, data processing devices ar any other media which ara used with a(ectrc�nlcally controlled equipment. 19. "Reiaii7ed Ilrnil" means the available limits of "underlying insurance" scheduled (n the f�aaiarations or the "salt -insured retention", whichever applies, , 2D."Self-insured retention" means the daElar ar7ir�unt listed in Ehe Clealarations that will be paid by the insured before this Insurance becomes appiEaable aniy with I'�rspeat to "occurrences" or offenses not covered by the "underlying insurancQ". The "self Insured retention" does not apply fa "occurrences" or affen5crs which would have baAn Covered by "underlying insurance" but for Ehe exhaustion of applicable limits. CU 00 0.1 Q41 � 2't."Suit" means a civil pproceeding in which darnagcas beG�tttse of "laodily injury" "property damage" ar "persor7al and advertlsinp In�ury" to which Phis insurance applies are aliaged,' Suit" Includes: a. An arbitration praoeoding in which such damages are claimed and Ea which the Insured musk submit ar does submlE with our consent; or b. Any other alternative dispute rasalutiQn proceeding in which suatt damages are claimed and to which the Insured submits with our aonsent or fhe "underlying insurer`s" aarisenf. ��,"1'emparary woriter" means a porsan who is furnished to you to substitute for a permanent "employee" an leave ar #a meat samsanai or short term workload ronditians. ' 23. "Ultimate nek lass" means the total su►7i, after rraduotion for recoveries or salvages colieatible, that the ineur$d bsaomas legally abligakad to pay as damages by reason of settlement or judgments ar any arbitration ar other alternate dispute method entered iota with our cansenf ar thr; "underlying Insurer's" consent 24. "inderlying insurance" means any policies of Insurance listed in the Declaratic�ng under the Schedule of "underlying insurance". 26, "Underlying insurer"' means any insurer who provides any policy of insurancQ listed in the Schedule of "underlying insurance", 26. "Volunteer workr;r" means a person who is net your °employes", ant who donates hEn or her work artd acts at the direction of and within the scope of duties detsrrninod by you, and is not paid a fee, salary ar other compensafian by you ar anyone else for their work performed far yatr. 27."Year product"; a, iVleanr3; ('i) Any goods ar praduats, ether than r®al property, manufacttrr®d, sold, handled, distributed or disposed of by; (a} Yau; (k�) Okhers krading under your name; ar (cj A person or at®anization whwso business or asacats you have acquired; and ��) Containers (other Ehan vehicles), materials, parts ar equipment fttr►�ished in ca7nvction with such goods or products, page fit of 1g 37' of 38 5182 ia. Includes; (1) Warranties ar represanfations made at any tlrne with respect to tho fitness, quality, durability, performance ar use of "your product"; and {2) The providing of ar failure to provide warnings ar instructions. c. Clow net Include vending rnachinQS or ether property rented to ar focatod far fhe use of others taut not said. 2f3, "Year work": a. Means; (1} Work ar opt�ratians paifon'ncd lay you or an your babel#; and (2) Matarial5, parts ar equipment furnished in connection with such work ar aperatians. �U 00 0'1 i1�1 � 3 b. Includes; (�) Warranties ar representations made at any time with respect to fPie fitness, quaiiky, durabAity, performance ar use of "your' wank"; and (2) the pravidinc� of ar fmilure to pravid� warnings at° lnstructlat7s. Q Ineuranae Services Ciffice, f nc., 20'12 �:.: • . 38` of 38 5182