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1114.91 y 1E44140 CITY OF , BREMERTON THE CITY OF PRIDE AND OPPORTUNITY November 15, 2024 Markleys Precision Company, LLC ATTN: Kline Markley 1884 Prospect Rd New London, OH 44851 Project: Reservoir 17—Interior Coating Replacement Re: Notice of Substantial Completion Dear Kline: I am awarding Substantial Completion for Reservoir 17— Interior Coating Replacement, effective November 15, 2024. Additional work to obtain Final Completion and payment includes: 1) holiday testing on the lower half of the tank; 2) touch up of any edges at openings on the floor and ceiling; 3) disinfection prior to filling; 4) site cleanup at the time of demobilization. Ensure to coordinate with the Owner's Coating Inspector (OCI)Autie Bell for the low voltage holiday testing and final acceptance of the coating. Any keys and hydrant meter must be returned to the City upon completion. There will be some coordination required between Markley's and City staff during the week of November 18 to allow access to the tank for the City's welder and the City's cathodic protection installation contractor. Per the manufacturer's technical data sheet for Tnemec Series 21, the coating must cure for 8 days at 65 degrees F before immersion. Based on this timeline, tank disinfection can occur no earlier than noon on Thursday, November 21. Ensure that the City's OCI Autie Bell confirms adequate curing for immersion. When disinfecting, the disinfecting solution must contact all interior surfaces. After disinfecting and removal of any materials/equipment from the reservoir, City staff will close and bolt the two access ports and begin filling the reservoir. We anticipate at least 5 calendar days to fill. After filling, the City will take a water sample for fecal coliform test at a local laboratory. Failure to pass the test will require emptying the reservoir and further disinfection from the Contractor. Sincerely, /34ZE Sincerely, Bill Davis Managing Engineer— Utilities Cc: Rachel Kocha, City Engineering Inspector Chad Hantelman, Water Utility Operations Supervisor Melinda Monroe, Contracts Administrator Autie Bell, OCI (NACE III Coating Inspector) Public Works&Utilities 1345 6th Street Suite 100,Bremerton,WA 98337*Phone(360)473-5270*Fax(360)473-5398 Working for and with our residents to establish Bremerton as Puget Sound's most beautiful and livable waterfront city! i Docusign Envelope ID:2003E856-A850-453F-BF2F-F601' 9T E5 r BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: I PROJECT NAME: Reservoir 17 — Interior Coating Replacement PROJECT NO: 4559 CONTRACTOR: Markley's Precision Coating ORIGINAL CONTRACT AMOUNT: 387,938.49 DAYS: 75 PREVIOUSLY APPROVED 0.00 DAYS: 0 CHANGES: THIS CHANGE: 25,463.34 DAYS: 28 REVISED CONTRACT AMOUNT: 413,401.83 DAYS: 103 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT o w w CONTRACT CONTRACT TIME 1 . c r a AMOUNT AMOUNT EXTENSION N< .) w Q U w o m w o ($) ($) (DAYS:) wit? tea? X Work Change Directive#1 (attached)—25 calendar 0 0 25 days are added to the contract. x Work Change Directive#2 (attached)-$23,318.07 and 3 calendar days are added to the contract. 23,318.07 0 3 NET CHANGE IN CONTRACT AMOUNT 23,318.07 N/A 28 INCREASE OR (DECREASE) ESTIMATED SALES TAX AT CURRENT RATE 2,145.26 N/A TOTAL INCLUDING SALES TAX 25,463.34 N/A Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on-site or home office overhead, or lost profits. Nothing in this Change Order shall limit the City's right to bring a claim for past performance. The unde-signed Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Change Order. Docusign Envelope ID:2003E856-A850-453F-BF2F-F60164897AE5 CONTRACT CHANGE ORDER NO: 1 PROJECT NAME: Reservoir 17 — Interior Coating Replacement This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Change Order shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on the parties of this contract. In addition, Contractor warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. CONTRACTOR jr� .yfa,,r/e/4y Approved. DATE: PROJECT MANAGER Digitally signed by William Davis DN: E=William.Davis@ci.bremerton.wa.us, William Davis CN=William Davis,OU=PW Engineering, OU=Domain Users,DC=ci, DC=bremerton,DC=wa,DC=us 11/7/24 Recommended: Date:2024.11.07 10:59:30-08'00' DATE: DIVISION MANAGER Council action is required as project cost will exceed approved budget. 0 Yes ■ No Council action is required as change exceeds Mayors authority per BMC 2.76.110. 0 Yes ■ No Digitally signed by Ned Lever DN:C=US,E=ned.lever@ci.bremerton.wa.us, Ned L eve r O=City of Bremerton OU=Engineering CN=Ned Recommended: Date:Date DATE: 2024.11.07 13:30:07-OB'00' DIRECTOR OF PUBLIC WORKS AND UTILITIES Signed by: Recommended: 1lt,-waS y Torn Knuckey DATE:11/12/2024 MAYOR '—43,89A4H83614BU... Signed by: Approved: `)Azr AtthA, Greg wheeler DATE:11/12/2024 BAF46095E8E747B... ------------------- --- APPROVED AS TO FORM: ATTEST: Signed by: AltG�au ' a Z?ca� �s,a0 �2.f. Signed by: a ; C160U1.V KYLIE. J. FINNELL, Bremerton City Attorney ANGB A'1 O ER, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Change Order Rev.05 2022.docx Page 2 of 2 Change Order Rev. 05/202 2 Docusign Envelope ID:2003 E856-A850-453F-BF2F-F60164897AE5 Project Name: Res 17 Interior Coating CITY OF BREMERTON Project #: 4559 WORK CHANGE DIRECTIVE (WCD) Contractor: Markley's Precision Coating NTP Date: 8/8/24 WCD #: 1 Date: 1116/24 YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CRANGE(S): Additional 25 calendar days are added to the contract. This is a no-cost WCD. -Task 6 - Blasting and Prime Coat: 15 calendar days added, including 12 days for equipment failure and delays in getting backup equipment; 3 days for unanticipated coating thickness. -Task 11 - Touch-up inlet and outlet pipe: 1 calendar day added for additional time to coat cut edge of inlet pipe where welded plate must be removed. Task 12 - Cure Time for Top-coat: Allow additional time (9 days) for top coat cure prior to immersion (specs vague about whether SC can- be considered after top coat application). ATTACHMENT(S): Schedule, updated If a claim is made that the above changes) have affected Contract Price or Contract Times any claim fora Change Order is based thereon will involve one or more of the following methods of determining the effect of the change(s). The Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of the General Conditions. Method of determining change in Contract Price: Method of determining change in Contract Times: Unit Price ❑✓ Contractor's Records • Lump Sum [C Engineer's Records ® Time& Materials ® Other: ❑ Other: 25 Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: S 0 Substantial Completion: 25 days; If the change involves an increase, the estimated Ready for final payment: 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 Signed by: //e/14e. .7 eLe- /e7 4 "' 11/12/2024 '-13A1-46O9bL8h74iS... CONTRACTOR CITY OF BREMERTON • Digilaly sigred by William Dallis By: _ BY E=Wnliam.De.sa ,exe",,cxer..e William DaVl cwwiQir .nOUUs=rPswCgnee 7ng. . DC=bremerton.DC=wa.DC=us Date:2024.11.06 14.46:51-08'00' PAGE 1 OF I Docusign Envelope ID:2003E856-A850-453F-BF2F-F60164897AE5 ID 0 Task Task Name Duration Start Finish Predecessors July 21 I August 1 l August 11 I August 1 MP4. Construction 74 days Thu 8/8/24 Tue 11/19/24 I 2 In ! Notice to Proceed D days Thu 8/8/24 Thu 8/8/24 ♦ 8/8 1 3 �# Mobilization and set up 5 days Thu 8/22/24 Wed 8/28/24 2FS+10 days +00 4 !4 Sediment Removal from tank 2 days Thu 8/29/24 Fri 8/30/24 3 5 EP 4 Prepare tank for blasting and priming 5 days Mon 9/2/24 Fri 9/6/24 4 6 EP4 Blasting and Prime Coat 27 days Mon 9/9/24 Tue 10/15/24 5 7 EP4 Filling Voids and Weld Splatter Repair 2 days Wed 10/16/24 Thu 10/17/24 6 (potential cost change) _ 8 EP4 Stripe Coat (Incl. Cure and Inspection) 3 days Fri 10/18/24 Tue 10/22/24 7 9 ■r4 Intermediate Coat (Incl. Cure and Inspection) 3 days Wed 10/23/24 Fri 10/25/24 8 I 10 !4 Top Coat 2 days Mon 10/28/24 Tue 10/29/24 9 — 11 EP4 Touch-up inlet/outlet pipes 1 day Wed 10/30/24 Wed 10/30/24 10 12 ■r4 Cure Time for Top Coat 9 days Thu 10/31/24 Tue 11/12/24 11 13 EP4 WCD#2: Additional time associated with 3 days Wed 11/13/24 Fri 11/15/24 12 concrete ring 14 EP4 Final Inspection by OCM 1 day Mon 11/18/24 Mon 11/18/24 13 15 ■ram Disinfection 1 day Tue 11/19/24 Tue 11/19/24 14 16 EP* Substantial Completion 0 days Tue 11/19/24 Tue 11/19/24 15 17 EP4 Fill Tank(by City) 4 days Wed 11/20/24 Mon 11/25/24 ,16 18 EP# Bac-T (by City) 3 days Tue 11/26/24 Thu 11/28/24 17 19 EP4 Tank placed on-line (by City) 1 day Fri 11/29/24 Fri 11/29/24 18 20 EP 4 Demobilization 2 days Mon 12/2/24 Tue 12/3/24 19 Task Inactive Task Manual Summary Rollup External Milestone Split Inactive Milestone Manual Summary ll Deadline Project: Res 17 schedule for WC Date:Wed 11/6/24 Milestone 4 Inactive Summary 0 0 Start-only C Progress Summary 01 Manual Task ll Finish-only 7 Manual Progress Project Summary Duration-only External Tasks Page 1 Docusign Envelope ID:2003E856-A850-453F-BF2F-F60164897AE5 August 21 I September 1 I September 11 I September 21 I October 1 I October 11 I October 21 I November 1 I November 11 I November 21 I December 1 --+ -im 1/./....'' TMiliM Original Substantial Completion (October 22, 2024) 11/19 Revised Substantial Completion (Added 28 calendar days, November 19, 2024) lim Task Inactive Task Manual Summary Rollup External Milestone Split Inactive Milestone Manual Summary ll Deadline Project: Res 17 schedule for WC Date:Wed 11/6/24 Milestone e Inactive Summary —0 Start-only C Progress Summary 01 Manual Task 1 Finish-only 7 Manual Progress Project Summary Duration-only i External Tasks Page 2 Docusign Envelope ID:2003 E856-A850-453F-BF2F-F60164897AE5 Project Name: Res 17 - Interior Coating CITY OF BREMERTON Project#: 4559 WORK CHANGE DIRECTIVE (WCD) Contractor: Markley Precision Coating NTP Date: August 8, 2024 WCD #: 2 Date: 10/23/24 YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): The contract documents stated that an 18" high by 10' wide concrete ring was located around the interior perimeter of the reservoir. Upon opening the reservoir, it was discovered that this ring did not exist and this area, calculated at 3114 square feet, would require blasting and coating. The cost was calculated and negotiated at $38,318.07. $15,000 of the force account bid item will be used to pay for this, making the actual change to contract at $23,318.07 plus sales tax = $25,463.34. Three (3) calendar days are added to the contract. ATTACHMENT(S): Cost calculation spreadsheet 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 Ei Contractor's Records ❑ Lump Sum D Engineer's Records ❑ Time & Materials 0 Other: See attached spreadsheet ❑ Other: Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: $ $25,463.34 Substantial Completion: 3 days; If the change involves an increase, the estimated Ready for final payment: days; amount is not to be exceeded without further If the change involves an increase, the estimated times authorization. are not to be exceeded without further authorization. RECOMMENDED: AUTHOR! E g1ed by" Markleys Precision Company - Kline Markley ` 4A, 11/12/2024 626695100747D... CONTRACTOR CITY OF BREMERTON Digitally awed by William Davis DN. B E='NilliBm.Davisr�a.bremerton wa.U6. y' By. William Davis CN-4,U-Domain Users.DC-ci, DC=bremerton,DC=wa,DC=us Date.2024.10.24 15.51 58-07.00* PAGE7OF7 Docusign Envelope ID:2003 E856-A850-453F-BF2F-F60164897AE5 WCD #2 RESERVOIR 17 INTERIOR COATING REPLACEMENT 10/23/2024 wjd CALCULATION FOR ADDITIONAL COST TO COAT FLOOR AND 18" SHELL Total cost for Surface Area(SF) Reservoir Total interior Surface area Coating Factor* Surface Area each surface Factored of areas presumed Cost($) for Surface surface area as%of total difficulty Surface as%of total area with Cost per covered by extra surface Type (sf) surface area factor Area effort difficuttyfactor SF concrete area Description Floor 7088 34% 1.0 0.345 20.2% $ 67,728.28 $ 9.56 2,670.4 $ 25,515.36 Shell 5671 28% 1,5 0.414 24.2% $ 81,273.94 $ 14.33 447.7 $ 6,416,36 Lid 7797 38% 2.5 0.948 55.6% $ 186,252.78 $ 23.89 - $ - TOTAL 20556 100% 1.707 100.0% $ 335,255.00 3,118.0 $ 31,931.73 Base subtotal $ 6,386.35 Markup at 20% Base Bid (minus tax and force account) $ 335,255.00 $ 38,318.07 Subtotal $ (15,000.00) Use FA bid item $ 23,318.07 Total base amt $ 2,145.26 Sales tax $ 25,463.34 Total w/tax )imension and Area Calculations 19 Tank Height(feet) 95 Tank Diameter(feet) 7088.2 Total floor area (sf) 4417.9 Inner area, presumed unencumbered by concrete 2670.4 Floor area (10'wide starting at wall)presumed covered by concrete 447.7 Shell area presumed covered by concrete (1.5'feet high) 3118.0 TOTAL sf presumed covered by concrete,actually exposed and required to be coated DocuSign Envelope ID:452AEA00-370A-4DFE-8930-E41A0C3BA8E8 AGENDA BILL CITY OF BREMERTON B4 CITY COUNCIL Action anticipated SUBJECT: Study Session Date: June 12, 2024 Agreement with Markley's Precision COUNCIL MEETING Date: N/A Company for Reservoir 17— Interior Coating Department: Engineering Replacement Project Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: Reservoir 17 is a 1.0-million-gallon steel water reservoir located at 400 Ridge Lane. The scope of work includes abrasive blasting and recoating the entire interior with a 3-coat epoxy coating system. The interior was last coated in 1995. Bids were opened on June 5, 2024. Two (2) bids were received. Markleys Precision Company was the lowest responsible, responsive bidder in the amount of$387,938.46 (which includes sales tax). ATTACHMENTS: 1. Agreement; 2. Location Map; 3. Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): This project is included in the 2024 Water Capital Budget. RECOMMENDED MOTION: Move to award the contract for the Reservoir 17— Interior Coating Replacement Project to Markley's Precision Company in the amount of$387,938.46, including sales tax; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: XApprove ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 DocuSign Envelope ID:452AEA00-370A-4DFE-8930-E41A0C3BA8E8 SECTION 00500 AGREEMENT THIS AGREEMENT is dated the 18th day of June in the year 2024 by and between City of Bremerton(hereinafter called OWNER)and MARKLEYS PRECISION COMPANY (hereinafter called CONTRACTOR). OWNER and CONTRACTOR,in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1.WORK. CONTRACTOR shall complete the WORK as specified or indicated in the OWNERS's Contract Documents entitled RESERVOIR 17—INTERIOR COATING REPLACEMENT. ARTICLE 2.CONTRACT TIMES. The WORK shall obtain Substantial Completion within 75-calendar days from the commencement date stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in this agreement.This provision has been specifically negotiated. Final Completion and Acceptance of WORK shall be achieved no later than 30 calendar days following Substantial Completion. ARTICLE 3.LIQUIDATED DAMAGES. OWNER and the CONTRACTOR recognize that time is of the essence for 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 CONTRACTOR shall pay the OWNER liquidated damages for the delay(Not as a penalty)in the amount of$750 per day that expires after the time specified in Article 2. ARTICLE 4.CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Schedule(s). 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. Contractor Initials RESERVOIR 17—INTERIOR COATING REPLACEMENT AGREEMENT MAY 2024 00500-1 DocuSign Envelope ID:452AEA00-370A-4DFE-8930-E41A0C3BA8E8 ARTICLE 6.CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the WORK consist of this Agreement(Section 00500)and the following which are either attached or incorporated herein by reference: • Notice Inviting Bids (Section 00030). • Bidders Checklist(Section 00100). • Bid Proposal including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates and affidavits (Section 00300). • Performance Bond(Section 00610). • Payment Bond(Section 00620). • General Conditions (Section 00700). • Supplementary General Conditions (Section 00800). • Technical Specifications as listed in the Table of Contents, including appendices. • Drawings as listed in the List of Drawings • Addenda numbers 1 to 1 inclusive. • Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 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 Tide 51 RCW. The CONTRACTOR and OWNER acknowledge and agree to the requirements for indemnification in Sections 6.20 of the General Conditions and Supplemental Conditions. The provisions of this section shall survive the termination of the contract. 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 the General Conditions and Supplementary Conditions. Contractor Initial RESERVOIR 17—INTERIOR COATING REPLACEMENT AGREEMENT MAY 2024 00500-2 DocuSign Envelope ID:452AEA00-370A 4DFE-8930-E41A0C3BA8E8 ARTICLE 9.ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law),and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.The OWNER, in its sole discretion,may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes.In the case of an assignment for security purposes the CITY 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 subcontractors and suppliers. OWNER and CONTRACTOR each binds itself,its partners,successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants,agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written. OWNER: City of Bremerton CONTRACTOR Markleys Precision Company OocuSigned by: OocuSigned by: ts1 E72. t�... uan 60Fagt„,.. (Signature) (Signature) By Greg Wheeler By Kline Markley (Printed name) (Printed name) [CORPORATE SEAL] DocuSigned by: �1 �I f„ t-b E Brendan oswal t Attest "" Attest Angela hoovert4 'ity Clerk Address for giving notices: Address for giving notices: City of Bremerton Registered Agents, Inc. 100 N. Howard St. STE R 345 6th Street, Suite 100 Spokane, WA 99201 Bremerton,WA 98337 License No. MARKLPC764CZ fAp gdidtI:Form: &At Far (Signature) -62 Agent for service of process: City Attorney Registered Agents Inc. (Title) RESERVOIR 17—INTERIOR COATING REPLACEMENT AGREEMENT MAY 2024 00500-3 DocuSign Envelope ID:452AEA00-370A-4DFE-8930-E41A0C3BA8E8 AGREEMENT CERTIFICATE (if Corporation) STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of held on 2024,the following resolution was duly passed and adopted: "RESOLVED,that , as President of the Corporation,be and is hereby authorized to execute the CONTRACT dated 2024,by and between this Corporation and City of Bremerton and that his/her execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of the corporation this day of 2024. Secretary (SEAL) RESERVOIR 17—INTERIOR COATING REPLACEMENT AGREEMENT MAY 2024 00500-4 DocuSign Envelope ID:452AEA00-370A-4DFE-8930-E41A0C3BA8E8 AGREEMENT CERTIFICATE (if Partnership) STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the a partnership existing under the laws of the State of held on 2024,the following resolution was duly passed and adopted: "RESOLVED,that , as of the Partnership, be and is hereby authorized to execute the CONTRACT dated 2024,by and between this Partnership and City of Bremerton and that his/her execution thereof, attested by the shall be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand this day of 2024. Partner (SEAL) RESERVOIR 17—INTERIOR COATING REPLACEMENT AGREEMENT MAY 2024 00500-5 DocuSign Envelope ID:452AEA00-370A-4DFE-8930-E41A0C3BA8E8 AGREEMENT CERTIFICATE (if Joint Venture) STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Principals of the a joint venture existing under the laws of the State of held on 2024,the following resolution was duly passed and adopted: "RESOLVED,that , as of the Joint Venture, be and is hereby authorized to execute the CONTRACT dated 2024,by and between this Joint Venture and City of Bremerton and that his/her execution thereof, attested by the shall be the official act and deed of this Joint Venture." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand this day of 2024. Managing Partner (SEAL) RESERVOIR 17—INTERIOR COATING REPLACEMENT AGREEMENT MAY 2024 00500-6 DocuSign Envelope ID:452AEA00-370A-4DFE-8930-E41A0C3BA8E8 AGREEMENT CERTIFICATE (if Limited Liability Company) STATE OF Ohio ) ) SS: COUNTY OF Huron ) Markleys I HEREBY CERTIFY that a meeting of the Members of the Precision Company LLC a Limited Liability Company existing under the laws of the State of Washington ,held on June 2024,the following resolution was duly passed and adopted: "RESOLVED,that Kline Markley , and as members of the Limited Liability Company, be and are hereby authorized to execute the CONTRACT dated June 18 t h, 2024 2024,to the City of Bremerton by this Limited Liability Company and that their execution thereof shall be the official act and deed of this Limited Liability Company." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 6/21/24 ,day of June ,2024. Markley Precision Company A Limited ' ili4rgaeropany Wittif ittakfq By: B -e3... Member By: Member (SEAL) RESERVOIR 17-INTERIOR COATING REPLACEMENT AGREEMENT MAY 2024 00500-7 DocuSign Envelope ID:452AEA00-370A-4DFE-8930-E41A0C3BA8E8 SECTION 00300 BID FORMS ACKNOWLEDGEMENT OF BID AND ADDENDA BID TO: CITY OF BREMERTON,PUBLIC WORKS AND UTILITIES-ENGINEERING DIVISION 1. The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with the OWNER in the form included in the Contract Documents to perform the WORK as specified or indicated in said Contract Documents entitled"RESERVOIR 17—INTERIOR COATING REPLACEMENT." 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). Failure to acknowledge addenda shall render the bid non-responsive and shall be cause for its rejection. Addenda Number: Date: 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. Dated: 7Z 3 o Z Bidder:/R(eV J/A 4,5•4.. C MA4 by (Company Name) By: &O.c2Cvr 0 Sww /f Title:6✓S;n4.s 5 AkJM,',e, (Signature) RESERVOIR 17—INTERIOR COATING REPLACEMENT BID FORMS MAY 2024 00300-1 DocuSign Envelope ID:452AEA00-370A-4DFE-8930-E41AOC3BA8E8 BID CERTIFICATE (if Limited Liability Company) STATE OF G 1r% o ) ) SS: COUNTY OF VV.,o r I HEREBY CERTIFY that a meeting of the Members of the c i\. kky5 pc{G 15 .e.7/1 GSP NAP)/ a limited liability company existing under the laws of the State of 0{h to ,held on 6144 /� I - I A, Z ! ra ,2024,the following resolution was duly passed and adopted: "RESOLVED,that f 41 G i Osvo.l i and M4‘,. ICt.1 as members of the Limited Liability]Company,be and are hereby authorized to execute the Agreement dated / t�� z 3 r ,2024, A7 to the City of Bremerton by this limited liability company and that their execution thereof shall be the official act and deed of this Limited Liability Company." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 0 3 r d ,day of 1" ,Pr' ,2024. l�1 WA. 5 RC A (PMP•>� A Limited Liability Company By: Member 6�.4) ,� Sw•, By: (SEAL) Member / ''e RESERVOIR 17—INTERIOR COATING REPLACEMENT BID FORMS MAY 2024 00300-5 DocuSign Envelope ID:452AEA00-370A-4DFE-8930-E41A0C3BA8E8 BID SCHEDULE RESERVOIR 17—INTERIOR COATING REPLACEMENT The Bid Schedule must be completed by the Bidder by filling in each blank. The cost item shall be in dollars and cents,using numerals only. Failure to do so will render the bid non-responsive and will cause its rejection. Each bid item is lump sum, except force account. NOTE ON SALES TAX: Washington State Department of Revenue Rule 170 applies to this project.Bids will be evaluated on the basis of the TOTAL BID PRICE. ( Lt(NAMEOF CONTRACTOR: '1Lr Pc s t c) S'd r CMPAA, (Print name of contractor) BID ITEM NO. ITEM DESCRIPTION COST(IN DOLLARS AND CENTS) 1 INTERIOR COATING REPLACEMENT $ ?j 35, 2 55_ O6 2 FORCE ACCOUNT $ 20,000.00 SUBTOTAL $ 3 SS, 2 55. c3 SALES TAX ON SUBTOTAL @ 9.2% $ 3 Z, 6 g 3 , 44 TOTAL BID PRICE (SUBTOTAL PLUS SALES TAX) $ 3 8 7 , q ?j 8 . 4/6 RESERVOIR 17—INTERIOR COATING REPLACEMENT BID FORMS MAY 2024 00300-6 DocuSign Envelope ID:452AEA00-370A-4DFE-8930-E41A0C3BA8E8 Bid Bond SURETY: CONTRACTOR: (Name,legal status and principal place of (Name,legal status and address) business) Markleys Precision Company 1884 Prospect Rd The Casualty Insurance Company This document has important legal P 175 Berkeley Street New London,OH 44851 Boston,MA 02116 consequences.Consultation with an attorney is encouraged with OWNER: respect to its completion or (Name,legal status and address) modification. City of Bremerton Any singular reference to 400 Ridge Lane NE Contractor,Surety,Owner or Bremerton,WA 98311 other party shall be considered BOND AMOUNT: 5%of the total amount bid plural where applicable. PROJECT! Recoat the Entire Interior of a One-Million gallon steel welded above ground potable water reservoir (Name,location or address,and Project number,if any) Project Number,if any: The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 29th day of May,2024 Markleys Precision Company (PrinapalJ (Seal) rtness) f�" �// //]}5 � ■5T/ ^ il ,A.46 • 7 4401►/1 (title) The Ohio Casualty Insurance Company 4tK Vic, (Sure) 1819 (Witness) rat° Aaron M.Steffy,Attorney y in Fact Seal No.eau By arrangement with the American Institute of Architects, the National Association of Surety Bond 1 Producers(NASBP)(www.nasbp.org)makes this form document available to its members,affiliates,and h associates hi Microsoft Word format for use in the regular course of surety business.NASBP vouches that `5[I l' the original text of this document conforms exactly to the text in AIA Document A310-2010,Bid Bond Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion,execution or acceptance. • DocuSign Envelope ID:452AEA00-370A-4DFE-8930-E41A0C3BA8E8 + Mu 'itw MOO tasuany insurance Ctfinpati, $itRE PY FNAKCCA4 STATEMENT DECEMBER 21;2022 Assets 1 is 040tinri Btnk'Dspa is 'S 41?.400AD 03.1 t 10 i3smhkns 509, $*.1x0 %oath— ,SGovemrund ----3 BD0,207 e0410 ftesante'fd'rt jiRessed Babenge_Stf;D99414'.WOO 'Oft*Bonds SZI124,033,674,00 Funds Hdd Ut r a Tom_ 10.00 'Mocks dearl 84U 09Ao al eewve t lUAsrtds lrr polopttmrrs 4 649JDD Ra2t.Elat3• _$aod AtdtMdit dlaitigtgt Reserve 10.011 A"ts'8eMtea.*Or0 00ds(J F*01141*,,# 4?0,50,490.0G .0:Thxm. and Ogtei`ti i00604. 51.6020:1400 ken*ltd0fist sod flew. _ ___ 717 6 410 . Other Adtniited Assets 36:40 s3+i6i22SSD Tutsl... *fC ? ' SpecNI SymliN Fmk, atria:3d9 Ciothl SAodc $ l�Ir,00 TofslAt3MiitEdApset_ •air 2,TDB.e :7ip80 dJsnpkrs $2;200,11326ID0 tie igtted5iaptui. P*020,dingf suiidiirEAoP hoideis_ _$0.00.11 .00,00 TotaL1O6pesandSvtp6rts, - ;0391a10A0 ttanathatgslitedok or t3goofsatAtstdamrri000000080- 1/01$egpp 11thindat utroeddion Ilken Nola r be:00e0:03soo y thOsanuotunfOoyo.othood sthothettem sift to Mk smooth .0010100 titYg'disci. 4.rim ImmoJSWB$i.Ascishrrd seaetary of TSO Osito•Qasrfa#y',tnsutanra•COmpatrn..aa ttsteby abet the sme It s`t u! oat$ooi t sfaleeeienf.ofilfbBAiNsits s a,-*51 Qprp Fin.etn.01ip.Nr t5 er:Si MISS; ttte sOMof4tgrMiNVAstige and begef RI WIfNESS,WHEfiREOF.1 bow f atr6R set'my hand and aMttedl o seal of said C4 ipera ffon otSoifikk W®shlnpEof. this athdgryerssotde. 0 f Timeit0 SlicolaisarrAki.A erdS.n rethiy. taws mot DocuSign Envelope ID:452AEA00-370A-4DFE-8930-E41A0C3BA8E8 ur This Power of Attorney limits the acts of those named herein,and they have no authority to — bind the Company except in the manner and to the extent herein stated. ,'---:i ,, Liberty Liberty Mutual Insurance Company 1rl` Mutual. The Ohio Casualty Insurance Company Certificate No:8209969-992384 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Lisa M. Battista;Ryan Gumbita:Christopher D.Kolger:Joseph Perschy:Aaron M.Steffey all of the city of Houston state of TX each individually If there be more than one named,Its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 18th day of April , 2023 . Liberty Mutual Insurance Company mew?, ,.,'( lNs, , hNsu The Ohio Casualty Insurance Company �e R+OR> ep�°aa'REyn has'"ze. n� � West American Insurance Company 1912 0 1919 tQ� 1991 c Npt. Y �B�ICNUB�i 168NAMP4"�,at►_ '�a �ArD1AN0' .aD � � 'C(J c 8�� * t`� 4'yl * 0, -4f * PI By: -` =Ta m David M.Carey,Assistant Secretary e ▪ m State of PENNSYLVANIA m m 0-,County of MONTGOMERY ss o E 0 On this 18th day of Aril , 2023 before me personally appeared David M Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 8 d co Company,The Ohio Casuallyompany,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes t•€- therein contained by signing on behalf of the corporations by himself as a duly authorized officer.v76 > ix d •� IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. v D re m P PAs _ a0 O �� o/0E-rF{ ..C noLemealth of Pennsylvania-Notary Seal e C tiieo0.� Y�9 Teresa Fastens,Notary Public �f-� y'� Montgomery County (/ ®® c p N OF My expires Much 28,2025 1 �J l�o `p By: to � Commission number 1128044 U O. C L. .vv Member,Parmsywanla nasodaaon ar rromrlee Teresa Pastella,Notary Public Q o Fiji This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual op Insurance Company,and West American Insurance Company which resolutions are now In full force and effect reading as follows: CLo CN M E. ARTICLE Pi-OFFICERS:Section 12 Power of Attorney. L oo c E2 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the a n' President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety m`D— id• cm any and all undertakings,bonds,recognizances and other surety obligations.Such attomeys-in-fact,subject to the limitations set forth in theirattorney,respective powers of shall c u • L. have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such o a> o v, instruments shall be as binding as if signed by.the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the ° to provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ti a ARTICLE XUI-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose In writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 29th day of Ma , 2024 . EDvtY Ink.Q, .,%JP aPO4Sr ZL 1VP c o 1919m, 1'Sp I. If Y EA'''y1 A*p gia s�,M * ��a Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIL Multi Co 02/21 DocuSign Envelope ID:452AEA00-370A-4DFE-8930-E41A0C3BA8E8 INFORMATION REQUIRED OF BIDDER The Bidder shall furnish the following information.Additional sheets shall be attached as required. Failure to complete these items may cause the Bid to be non-responsive and may cause its rejection. In any event,no award will be made until all of the Bidder's General Information is delivered to the OWNER. Contractor Name:Jiffy 1-''S L c;5 r i CON1 Piney Primary Classification:301 n r)(DiA51- TO'b'A •/' _ _ Address: 1 g U y Pa 5 Pic-I Jed NSW Lo/tc)c ,-,y 0 H 4 95/ Telephone: gig" C. 71- 4 7 0 Fax Number: E-mail Address:M PC May el€,V5 P(CC; S tO l . /fie-+ Name and contact information for proposed Project Manager: Kii/t4 /V tr Lmsr .t.y()/+.rltl.cy5 Pr c:s, rtQ Employment Security Department Number:(O ,74/1 S 7-C c t -Ooo t Washington Industrial Insurance Number: o 3 d 6�T Washington State Unified Business Identification(UBI)Number: 605 3 a LI 'f 5 Washington State Excise Tax Registration Number: ,0 s - 3 y- 9 5.3 Washington State Contractor's Registration Number and Expiration Date: NCl.PO VICZ ` 2/to/Zot6 City of Bremerton Business License Number: (f% Prol t i s 5 *If not available, must be obtained prior to issuance of Notice to Proceed Name, address,and telephone number of Surety Company and Agent who will provide the required bonds this Contract: ` rldw:vti I + d1�. 4,07 - 6 46 Wilta..sd" Si- t 4 (4 A/r l'lZ2 ? gg 8 f 81 - 7 - tr, Je RESERVOIR 17—INTERIOR COATING REPLACEMENT BID FORMS MAY 2024 00300-9 DocuSign Envelope ID:452AEA00-370A-4DFE-8930-E41A0C3BA8E8 NON-COLLUSION AFFIDAVIT STATE OF dam"' ) ) SS: COUNTY OF to n ) 6 w" o,14 ,being first duly sworn,deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of,or on behalf of, any undisclosed person,partnership,company, association,organization,or corporation;that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,connived, or agreed with any bidder or anyone else to put 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 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 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. Signed: , — r•v � 6.9I — j 2 Subscribed and sworn to before me this Oq3rd day of f ! ,2024 ajaia Notary Pub ' in and for the County of H uro 1,3 State of 01K,c' (SEAL) RESERVOIR 17—INTERIOR COATING REPLACEMENT BID FORMS MAY 2024 00300-11 DocuSign Envelope ID:452AEA00-370A-4DF E-8930-E41 A0C3BA8E8 CERTIFICATION BY PROPOSED CONTRACTOR REGARDING EQUAL EMPLOYMENT In accordance with Chapter 56,Laws of 1975 1st Extraordinary Session,Certification regarding Equal Opportunity is required of bidders or prospective contractors and their proposed subcontractors prior to the award of contracts or subcontracts. Name of Prime Contractor Ate to ails } t [ Sz o n ConftiNvki Address I B 811 Prco)Ptc )26 lU4,w Lop.(/o,n, ) (4 GI48�) Internal Revenue Service Employer Identification No. t^1 I Z 2 C.r 4' a. Contractor has participated in a previous contract Yes 7No or subcontract subject to the Equal Opportunity Clause. b. Compliance reports were required to be filed in Yes / No connection with such contract/subcontract. / c. Contractor has filed all compliance reports required by Yes✓ No Executive Orders 10925, 11114, 11246, or by regulations of the Equal Opportunity Commission issued pursuant to Title VII of the Civil Rights Act of 1964. a. If answer to item'c' is "no",please explain in detail in the space below. CERTIFICATION: I, the undersigned,certify that the information above is true and complete to the best of my knowledge and belief. CdAi y 5 Pr t ; Zi Company Name r-, 47v+ V 3 vv.t f 1" — s;A /7), 1^: s 1../A r Name an le of Signer(Please type or print clearly) 5-1z3/2oZz.71 Signature Date RESERVOIR 17—INTERIOR COATING REPLACEMENT BID FORMS MAY 2024 00300-12 DocuSign Envelope ID:452AEA00-370A-4DFE-8930-E41A0C3BA8E8 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/she does not maintain or provide for his/her employees any segregated facilities at any of his/her establishments,and that he/she does not permit his/her employees to perform their services at any location,under his/her control,where segregated facilities are maintained. The federally assisted construction contractor certified,further that he/she will not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she will not permit his/her employees to perform their services at any location,under his/her 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/she has obtained identical certifications from proposed contractors for specific time periods)he/she 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/she will retain such, certification in this file. CERTIFICATION: I,the undersigned,certify that the information above is true and complete to the best of my knowledge and belief. tGi 5Pan CO"PN,� Company Name /- /� 1 t (]r.(/v6r Ir 6us.ntlName and Title ofQ5wi gner(Please type or print clearly) /z3/Uzi Signature Date RESERVOIR 17—INTERIOR COATING REPLACEMENT BID FORMS MAY 2024 00300-13 DocuSign Envelope ID:452AEA00-370A-4DFE-8930-E41A0C3BA8E8 CERTIFICATION OF FEDERAL NON-DEBARMENT AND SUSPENSION INSTRUCTIONS TO BIDDERS: THIS FORM SHALL BE EXECUTED BY THE CONTRACTOR AND SUBMITTED WITH THE BID. THE CONTRACTOR SHALL MAKE COPIES AND DISTRIBUTE THIS FORM TO ALL SUBCONTRACTORS. SUBCONTRACTORS MUST SUBMIT THIS FORM TO THE CITY PRIOR TO PERFORMING ANY WORK ON THE PROJECT. As a prospective contractor for the City of Bremerton and as a requirement of your submittal,you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Debarment: Federal Executive Order(E.O.) 12549"Debarment and Suspension" requires that all contractors receiving individual awards or using federal funds,and all sub-recipients certify that the organization and its principals are not debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded by any Federal department or agency from doing business with the Federal Government or from receiving Federally-assisted contracts. Your signature certifies that neither you nor your principal is presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any federal department or agency.If, at any time during the term of the contract,such condition occurs the Contractor will notify the City without delay. CERTIFICATION: I,the undersigned, certify that the information above is true and complete to the best of my knowledge and belief. ( ky P, c;sv COMP'7 Company Name 6r4Adolel 054/0" 14" — 64) e..c Adm:".34... 1.,,, Name and Title of Si er(Please type or print clearly) 57/Z 3/20 z9 ignature Date RESERVOIR 17—INTERIOR COATING REPLACEMENT BID FORMS MAY 2024 00300-14 DocuSign Envelope ID:452AEA00-370A-4DFE-8930-E41A0C3BA8E8 CERTIFICATION OF COMPLIANCE WITH WAGE PAYEMENT STATUTES The undersigned bidder hereby certifies that,within the three (3)year period immediately preceding the bid solicitation date for this Project,that the bidder is not a"willful"violator, as defined in RCW 49.48.082,of any provision of chapters 49.46,49.48,or 49.52 RCW,as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. "I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct." Signature: - Date: 572 3/2o zz y Print Name and Title: Location or Place executed: (City, State) e¼.0L U5 JV) I i- "i 9;, JM•n) � )14.0., Zadt,dGNI d H Check One: Individual ❑ Partnership ❑ Joint Venture ❑Corporation Er State of Incorporation, or if not a corporation, State where business entity was formed: Oh e) If a co-partnership,give firm name under which business is transacted: Note: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. END OF BID FORMS RESERVOIR 17-INTERIOR COATING REPLACEMENT BID FORMS MAY 2024 00300-15 DocuSign Envelope ID:452AEA00-370A-4DFE-8930-E41A0C3BA8E8 Past Performance 18 Mile Creek WWTP Liberty, SC Ground Storage Tank (March 2022) • Amount: $328,375.00 • Picken's County Public Works • Nick Kollas: (703) 980-4376 Aristes Tank Aristes, PA 2M Gal Standpipe (Dec 2021) • Amount: $737,707.00 • Aqua Pennsylvania, Inc • Nick Kollas: (703) 980-4376 Cuyahoga Portage Trail Cuyahoga Falls, OH 2M Gal Standpipe (Sept 2020) • Amount: $558,300.00 • City of Cuyahoga Falls • Nick Kollas: (703) 980-4376 Gordon Tank Spotsylvania, VA 2M Gal Storage Resivoir(June 2023) • Amount: $154,500.00 • Spotsylvania County • Nick Kollas: (703) 980-4376 Aberdeen Tank Aberdeen, MD 400 Gal Standpipe (April 2021) • Amount: $50,720.00 • Southern Corrosion Inc. • Nick Kollas: (703) 980-4376 Morgan's Cut Tank Fairlawn, VA 500K Gal Standpipe (November 2020) • Amount: $310,950.00 • Pulaski County Public Service • Nick Kollas: (703) 980-4376 Pitt Ohio Tank Hazleton, PA 1 M Gal Standpipe (December 2020) • Amount: $155,790.00 • Suez Utility Service Co. • Nick Kollas: (703) 980-4376 HIP Maplewood Tank Hazleton, PA 1 M Gal Standpipe (July 2020) • Amount: $152,190.00 • Suez Utility Service Co. • Nick Kollas: (703) 980-4376 Route 107 Seabrook, NH 720K Gal Standpipe (May 2020) DocuSign Envelope ID:452AEA00-370A-4DFE-8930-E41A0C3BA8E8 • Amount: $257,000.00 • Worldwide Industries Inc. • Nick Kollas: (703) 980-4376 White Hill Water Tank Augusta, VA 1 M Gal Steel Ground Water Tank (February 2020) • Amount: $360,000.00 • Worldwide Industries Inc. • Nick Kollas: (703) 980-4376 DocuSign Envelope ID:452AEA00-370A-4DFE-8930-E41A0C3BA8E8 List of Equipment • Containment tarp and sandbags • 4- Utility work trucks and trailers • 4- 375 cfm 150 psi air compressors • 3- 400 cfm air dryers • 3- 6001b blast pots • 1200' of blast hose & breathing air hose • Radex breathing air filters & breathing air gas monitors • 185 cfm air compressor • 2- 20" pneumatic dust fans with a dust sock • Soft wash system(water pump, ball valve gun assembly, hydro mixer) • 2- 4,000 psi pressure washers • 1- 4,000 psi hotsy pressure washer • 400' of pressure wash hose • 4- electric spyder baskets • 1- 40' swing stage • Vec loader vacuum with 200' vac hose • 5- 10 ton dumpsters (In total not all at once) • 12,000 watt generator • Rollin Scaffolding • Miscellaneous i-beam clamps, c-clamps, pulleys, cables, and chokers needed for rigging baskets and hoists • PPE equipment: nova 3 blast hoods, blasting gloves, hard hats, safety glasses, dust masks, harnesses, life line rope • Miscellaneous hand tools & power tools • Painting Equipment DocuSign Envelope ID:452AEA00-370A-4DFE-8930-E41A0C3BA8E8 EralIMMO aw Markleys Precision Company, LLC. 1884 Prospect Rd. New London, OH 44851 Date: 5/9/2024 Contractor Qualifications Years in Business: • Markleys Precision Company has been in business since 2016. Projects under Contract: • City of Escanaba, MI: Fire Hydrant Painting -$410/hydrant (non-lead), $515/hydrant (lead) not to exceed $80,000. • City of Tallahassee, FL: 3,384,360 Gallon Fuel Tank Sandblasting and Painting - $268,900. • Sanitation District No. 1: Blasting and Coating of One Clarifier- $83,488. Bidder Background Company: Markleys Precision Company Contact Information: Brendan Oswalt — Business Administrator Contact Email: hoswalt a(}markleysprecision.net Legal Form: LLC FEIN: 81-4229317 Sincerely, Brendan Oswalt- Business Administrator 5/9/2024 Bond#32S618816 SECTION 00610 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That Markleys Precision Company as CONTRACTOR, and The Ohio Casualty Insurance Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called"OWNER," in the sum of Three Hundred Eighty-Seven Thousand Nine Hundred Thirty-Eight and 46/100 ($387,938.46) 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,RESERVOIR 17— INTERNAL COATING REPLACEMENT";now,therefore, In the event CONTRACTOR fails to timely or properly perform any of the requirements of the Contract Documents at the times and in the manner contained therein,the Surety shall be liable under this bond up to the amount of the bond for the full amount of the OWNERS's expenses to construct or repair all work as well as all loss, cost,expense or damage suffered by the OWNER in excess of the Contract amount due to the CONTRACTOR'S failure to comply with any contract or permit conditions or other applicable laws and regulations. The Surety agrees that within 30 calendar days of receiving notice that the OWNER has declared a CONTRACTOR default and formally terminated the CONTRACTOR'S right to complete the Contract pursuant to its terms and conditions and that the CONTRACTOR has defaulted on all or part of the terms guaranteed by this bond, the Surety shall either: 1. Notify the OWNER in writing of its intent to cure the default itself within a reasonable period of time acceptable to the OWNER.The OWNER agrees to pay the balance of the Contract price to the Surety in accordance with the terms of the Contract, or 2. Tender to the OWNER the demanded sum,up to the amount of the bond. However,if the amount necessary for the OWNER to cure the default is less than the amount tendered,the OWNER will return,without interest, any overpayment to the Surety. PROVIDED,that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion,which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety hereunder, nor shall any extensions of time granted under the provisions of said Contract Documents,release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. RESERVOIR 17-INTERIOR COATING REPLACEMENT PERFORMANCE BOND APRIL 2024 00610-1 The obligation of the Surety shall include reimbursing the City for all costs and expenses, (including,but not limited to fees and charges of engineers, architects,attorneys,and other professionals, and court costs if litigation is commenced)incurred by the OWNER in enforcing the provisions of this Bond. The CONTRACTOR hereby agrees that the CONTRACTOR'S obligation to perform the required work is not limited to the amount of funds held by the Surety. This bond is irrevocable and cannot be canceled by the Surety or the CONTRACTOR. This bond shall remain in full force and effect for a period of one(1) year following final acceptance of the project by the City,and until the bond is released in writing by the OWNER at the written request of the Surety or CONTRACTOR. IN WITNESS WHEREOF, we have hereunder set our hands and seals this 26th day of _June , 2024. Markleys Precision Company (SEAL) The Ohio Casualty Insurance Company(SEAL) (CONTRACTOR) (Surety) By: _ By: (Signature and SEAL) (Signature and AL) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Address of Surety to which all notices shall be sent: The Ohio Casualty Insurance Company 175 Berkeley St Boston,MA 02116 Address of Surety for service of process: The Ohio Casualty Insurance Company (Must be a physical address) 175 Berkeley St Boston,MA 02116 RESERVOIR 17-INTERIOR COATING REPLACEMENT PERFORMANCE BOND APRIL 2024 00610-2 Bond# 32S618816 SECTION 00620 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That Markleys Precision Company as CONTRACTOR, And The Ohio Casualty Insurance Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called"OWNER,"in the sum of Three Hundred Eighty-Seven Thousand Nine Hundred Thirty-Eight and 46/100 ($387,938.46) 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 CONTRACT with said OWNER to perform the WORK as specified or indicated in the Contract Documents entitled"CITY OF BREMERTON,RESERVOIR 17 —INTERNAL COATING REPLACEMENT";now,therefore, If said CONTRACTOR, or subcontractor,fails to pay for any materials,equipment, or other supplies, or for rental of same, used in connection with the performance of work contracted to be done,or for amounts due under applicable State law for any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and,in the event suit is brought upon this bond, reasonable attorney's fees to be fixed by the court. This bond shall inure to the benefit of any persons, companies,or corporations entitled to file claims under applicable State law so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety thereunder,nor shall any extensions of time granted under the provisions of said Contract Documents release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the CONTRACT is hereby waived by said Surety. The obligation of the Surety shall include reimbursing the City of all costs and expenses, (including,but not limited to fee and charges of engineers,architects,attorneys,and other professionals, and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond. RESERVOIR 17-INTERIOR COATING REPLACEMENT PAYMENT BOND APRIL 2024 00620-1 IN WITNESS WHEREOF, we have hereunder set our hands and seals this 26th , day of June ,2024. Markleys Precision Company (SEAL) The Ohio Casualty Insurance Company(SEAL) (CONTRACTOR) (Surety) By: By: (Signature and SEAL) (Signature and AL) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Address of Surety to which all notices shall be sent: The Ohio Casualty Insurance Company 175 Berkeley St Boston,MA 02116 Address of Surety for service of process: The Ohio Casualty Insurance Company (Must be a physical address) 175 Berkeley St Boston,MA 02116 END OF SECTION RESERVOIR 17-INTERIOR COATING REPLACEMENT PAYMENT BOND APRIL 2024 00620-2 Surety Acknowledgment State of Colorado County of Denver On June 26,2024 ,before me personally came Aaron Steffey to me known,who, being by me duly sworn, did depose and say that he/she is an Attorney-In-Fact of The Ohio Casualty Insurance Company , the corporation described in and which executed the within instrument;that he/she knows the corporate seal of said corporation;that the seal affixed to the within instrument is such corporate seal,and that he/she signed the said instrument and affixed the said seal as Attorney-In-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. C-6 aipI- My Commission Expires: F Sarah Van Horn, Notary Public Sarah Elizabeth Van Horn State of Colorado Notary Public Commission No. 20234025521 My Commission Expires 07/07/2027 — This Power of Attorney limits the acts of those named herein,and they have no authority to • bind the Company except in the manner and to the extent herein stated. tili• Liberty Liberty Mutual Insurance Company P- ` Mutual. The Ohio Casualty Insurance Company Certificate No:8209969-992384 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Lisa M. Battista;Ryan Gumbita;Christopher D.Kolger;Joseph Perschy;Aaron M.Steffey all of the city of Houston state of TX each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 18th day of April , 2023 . Liberty Mutual Insurance Company P�INSU,� QysY INSt,q� d INSU,, The Ohio Casualty Insurance Company A.,,o?o"taroy0 c 2Gof•Pok4;rtg,t P2 oc"&1,-a�� West American Insurance Company * 1912 0 - 1919 . g 1991 n 9s fiy 3 i ZF �` o a 3, m o a) 4 S4 ciiti#.aa 0 ,PH4„,,, e' 'es 4.voiANP `da r "C U 9,7 * >,� �y1 * 1, '41 * 0 By: .5 m ea - David M.Carey,Assistant Secretary c m State of PENNSYLVANIA '— c 2 ,County of MONTGOMERY SS o E o = On this 18th day of April , 2023 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance cc3 m o co Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes 4? >" therein contained by signing on behalf of the corporations by himself as a duly authorized officer. y a 15 IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. n C'in d 0 t6 4) SP. PAST v2 O L 't• oNw ' 'Commonwealth of Pennsylvania-Notary Seal' >,_ 4.o49' <. F Teresa Pastella,Notary Public [B � NI- to ' � y Y Montgomery County i ;_ o OF My commission expires March 28c re ,2025 By: Lzt - N R Commission number 1126044 �` eresa Pastella,NotaryPublic Q o CD y--, Vp ,G Member,Pennsylvania Association of Notaries ,CD CD NI- CD(0 '74Ffy ViSifr CD.4? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3 co, E.G Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: d ai ARTICLE IV-OFFICERS:Section 12.Power of Attorney. o 0 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the-0 m :a President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety o— rtl> c any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attomey,shall c Eii •«. '5- ce have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed, such o a) Zv instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the f es provisions of this article maybe revoked at anytime bythe Board,the Chairman,the President orthe officer or officers grantingsuchpower or authority. °_ by ti Q ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,i t bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 26th day of June , 2024 . V INSUR 01 INs& Nx tNSUR J 2 Fo coV 1919 1991 7 S Fo rtt tY = Fo 01912 0 Gy�.. : mo a o g • Y.dd�6�*usfaa y°y"A*Ps'�a� - ''s, Im- Atp y Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/21 CITY OF BREMERTON CITY OF RESERVOIR 17 - INTERIOR BREMERTON COATING REPLA CEMENT A P R I L 2024 Pre-Bid Conference: Tuesday,April 30th,2024 @ 10:00 A.M. 400 Ridge Lane NE Bremerton,WA 98311 Bid Opening: Tuesday, May 7th, 2024 @ 11:00 A.M. See Section 00030 Notice Inviting Bids Contact Person: Rachel Kocha Public Works & Utilities: Engineering Division 345 6th Street, Suite 100 Bremerton,WA 98337 Phone: (360) 473-2324 E-mail: Rachel.Kocha@ci.bremerton.wa.us THIS PAGE INTENTIONALLY LEFT BLANK SECTION 00010 CERTIFICATE OF ENGINEER The technical material and data contained in these Specifications for the project Reservoir 17-Interior Coating Replacement were prepared under the supervision and direction of the undersigned professional engineer(s)licensed to practice as such, whose seals, are affixed below. Prepared by: William J. Davis, Date: April 11, 2024 Thafick 4,r. 4. yl O� \VASiCi//, z „--% . 11 ?fir ,I f.. lb 4 •6 � II l �C RESERVOIR 17-INTERIOR COATING REPLACEMENT CERTIFICATE OF ENGINEER APRIL2024 00010-1 THIS PAGE INTENTIONALLY LEFT BLANK SECTION 00020 TABLE OF CONTENTS DIVISION 0—BID REQUIREMENTS, CON TRACT FORMS,AND CON TRACT CONDITIONS 00010 Certificate of Engineer 00020 Table of Contents 00030 Notice Inviting Bids 00040 Bidder Checklist 00100 Instructions to Bidders 00300 Bid Forms 00500 Agreement 00610 Performance Bond 00620 Payment Bond 00700 General Conditions 00800 Supplementary Conditions DIVISION 1—GENERAL REQUIREMENTS 01010 Summary of Work 01020 Reference Standards and Definitions 01025 Measurement and Payment 01030 Safety, Health, and Hazardous Materials Handling 01300 Contractor Submittals 01311 Contractor Schedule 01500 Temporary Site Utilities and Controls 01600 Products, Materials, and Equipment DIVISION 9—FINISHES 09960 Steel Reservoir Coating System 09980 Steel Reservoir Exterior Cleaning APPENDICES Appendix A—Construction Forms RESERVOIR 17-INTERIOR COATING REPLACEMENT TABLE OF CONTENTS APRIL 2024 00020-1 THIS PAGE INTENTIONALLY LEFT BLANK SECTION 00030 NOTICE INVITING BIDS RECEIPT OF BIDS:Sealed bids for the RESERVOIR 17—INTERIOR COATING REPLACEMENT will be accepted by mail, or in person by the City Clerk or designated staff on Tuesday, May 7th, 2024, between 10:00 A.M and 11:00 A.M in the lobby of the Norm Dicks Government Center located at 345 6th Street, Suite 100,Bremerton,WA 98337. Prospective bidders are hereby notified that they are solely responsible for ensuring timely delivery of their bid to the City of Bremerton.Bids must be clearly marked"Bid"with the name of the project on the outside of the envelope. Bids received after the specified time and date will not be considered. OPENING OF BIDS: The bids will be publicly opened and read after 11:00 A.M. on Tuesday, May 7th, 2024 in the City Council Conference Room on the 6th floor of the Norm Dicks Government Center at 345 6th Street. COMPLETION OF WORK: The Substantial Completion date for the Work is 90 calendar days after the commencement date stated in the Notice to Proceed. DESCRIPTION OF WORK: The Work includes all labor,equipment, and materials necessary to recoat the entire interior of a one-million-gallon steel welded,above ground potable water reservoir. Reservoir dimensions are 95 feet diameter and 18.5 - feet height. Reservoir 17 is located at 400 Ridge Lane NE in Bremerton. Access to the site is heading east on NE Vena St,and then converting to a gravel access road to facility gate. The Work includes setting up and maintaining scaffolding and a environmental control system,cutting a door panel if needed,rewelding and coating the door panel, abrasive blasting to near white metal(SSPC-SP 10),recoating all interior surfaces,cleaning and disinfecting the interior in preparation for putting the reservoir back on-line, site cleanup, and proper disposal of all spent materials and coatings all in accordance with the Contract Plans,these Contract Provisions, and the Standard Specifications. Clean the exterior and spot repair the coating of multiple steel potable water reservoirs located at different sites. The reservoirs are owned,maintained,an operated by the City of Bremerton. PREVIEWING CONTRACT DOCUMENTS: Contract Documents may be previewed at the ARC Document Solutions website(www.e-arc.com). Go to http://www.e-arc.com/tacomal,then click on "Quick Links" and"Public Planroom". Scroll down or search to find the project. PURCHASING CONTRACT DOCUMENTS: The Contract Documents may be ordered and purchased online from ARC Document Solutions in Tacoma,WA(http:llwww.e-arc.com/tacomal). Payment is typically cost of reproduction(non-refundable). Please call for availability and fax your request prior to picking up. Will-call option is available at ARC Tacoma,Seattle,or Bellevue offices. Subcontractors and those needing additional sets or partial sets may be purchased at cost of reproduction(non-refundable)from ARC. Bid sets can be mailed upon request and after receipt of reproduction costs, a non-refundable shipping, and handling fee. PROPOSALS: All bid proposals must be made on the blank forms furnished in the Contract Documents. BID BOND: Each bid proposal shall be accompanied by a bid proposal deposit in cash,certified check, cashier's check, or surety bond,payable to the City of Bremerton, in an amount equal to five percent(5%) of the amount of the Total Bid, including Washington State sales tax,identified at the time of submittal of the bid as a guarantee that the Bidder, if its Bid is accepted,will promptly execute the Contract.A bid shall not be considered unless one of the forms of Bidder's security is enclosed with it. The failure to RESERVOIR 17-INTERIOR COATING REPLACEMENT NOTICE INVITING BIDS APRIL 2024 00030-1 furnish a bid deposit of a minimum of five percent(5%) shall make the bid nonresponsive and shall cause the bid to be rejected by the Contracting Agency. For the electronic bid submission, an electronic or scanned copy of the bond may be included. The selected bidder will be required to mail a hard copy of the bond. PERFORMANCE BOND: The successful bidder will also be required to provide a Performance 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. BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 60 calendar days from the date of bid opening. WAGE RATES: The attention of Bidders is directed to the requirements and conditions of employment to be observed and the minimum wage rates to be paid under the Contract. Wages shall be based on the Washington State Prevailing Wage Rates for Public Works Contracts in Kitsap County current at the time of the bid opening date. PRE-BID CONFERENCE: Prospective bidders are strongly encouraged to attend the pre-bid conference conducted by the City, which will include a walk-through of the project site. The objective of the pre-bid conference is to acquaint bidders with the work and conditions of the site. The pre-bid conference will be set for Tuesday, April 30, 2024 at 10:00 A.M. with the meeting to take place at 400 Ridge Lane NE., Bremerton WA 98311. Meet at the gate for the project site. SITE PHOTOGRAPHS: Project-related photos,including pictures of the reservoirs that must be cleaned, can be viewed online at https://www.bremertonwa.gov/404/Projects. Look for the Reservoir 17 Interior Coating Replacement project page. PROJECT COMMUNICATION: All communications related to the project shall be directed to the City prior to opening of Bids: Communication by Phone and/or E-mail Rachel Kocha Phone: (360) 473-2324 E-mail: Rachel.Kocha@ci.bremerton.wa.us Mailing Address City of Bremerton Public Works&Utilities—Engineering Division ATTN: Rachel Kocha 345 6t''Street,Suite 100 Bremerton,WA 98337 PUBLIC DISCLOSURE: All Proposals, including attachments and any documentation, submitted to, and accepted by the City in response to this Notice Inviting Bids become the property of the City and are subject to the disclosure provisions of the Washington Public Records Act. Submittals shall become property of the City and considered public documents under applicable Washington State laws. CONTRACTOR RESPONSIBILTY: It is the responsibility of the Contractor to examine all specifications and conditions contained within the Contract Documents thoroughly and comply fully with all attached terms and conditions. Contractors must adhere to all Federal, State, City, and local laws, ordinances,and rules,and meet all registration requirements where required for Contractors as set forth in the Revised Code of Washington(RCW)and/or Washington Administrative Code(WAC). RESERVOIR 17-INTERIOR COATING REPLACEMENT NOTICE INVITING BIDS APRIL 2024 00030-2 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. EQUAL EMPLOYMENT OPPORTUNITY STATEMENT: In the hiring of employees for the performance of work under this Contract,the Contractor, its subcontractors, or any person acting on behalf of the Contractor shall not discriminate in any employment practice on the basis of age(40+), sex, race,creed,color,national origin, sexual orientation/gender identity,marital status,military status, or the presence of any physical,mental, or sensory disability. MINORITY AND WOMEN OWNED BUSINESSES: Small,minority, and women owned business enterprises are encouraged to submit bids. ADA STATEMENT: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services, and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. The City of Bremerton in accordance with Title VI of the Civil Rights Act of 1964,78 Stat.252,42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A,Office of the Secretary,Part 21,nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act,hereby notifies all bidders that it will affirmatively insure 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,national origin,or sex in consideration for an award. END OF SECTION RESERVOIR 17-INTERIOR COATING REPLACEMENT NOTICE INVITING BIDS APRIL 2024 00030-3 SECTION 00040 BIDDER CHECKLIST This section lists the contract forms required for this project. The bidder's attention is especially directed to the forms that must be executed in full as required and submitted with the bidder's bid. These are indicated as follows in the section titled"Bid Documents." BID DOCUMENTS These documents must be executed and submitted to the City with your bid,not later than the designated bid closing date and time. Bids that do not include all the required forms, properly completed, may be declared unresponsive. 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 five percent(5%) of the total amount bid and may be shown in dollars or on a percentage basis.) E. List of Subcontractors(This form may be submitted up to 24 hours after the bid opening.) F. Information Required of Bidder G. Contract Qualifications and References (This form may be submitted up to 24 hours after the bid opening.) H. Non-Collusion Affidavit(The form is to be completed and signed by the contractor and notarized.) I. Certification by Proposed Contractor Regarding Equal Employment J. Certification of Non-segregated Facilities K. Certification of Federal Non-Debarment and Suspension L. Certification of Compliance with Wage Payment Statutes DOCUMENTS TO BE EXECUTED BY THE SUCCESSFUL BIDDER The following forms are to be executed after the contract is awarded. These forms must be filled out and submitted within 10 calendar days after the date of Notice of Award of contract. A. Agreement B. Agreement Certificate C. Performance Bond(Bond is for 100% of the Contract Amount) D. Payment Bond(Bond is for 100% of the Contract Amount) E. Insurance Certificates(Submit with Contract) RESERVOIR 17-INTERIOR COATING REPLACEMENT BIDDER CHECKLIST APRIL 2024 00040-1 DOCUMENTS TO BE EXECUTED PRIOR TO FIRST PAYMENT The following forms are to be executed after issuance of Notice to Proceed and submitted prior to first payment request. A. Statement of Intent to Pay Prevailing Wages a. Bid b. Note: Certified Payroll shall be submitted weekly to document wages paid. B. Certification of Federal Non-Debarment and Suspension for Subcontractors DOCUMENTS TO BE EXECUTED PRIOR TO FINAL PAYMENT The following forms shall be executed and submitted prior to final payment and release of retainage. A. Affidavit of Wages Paid a. This is a form from Dept. of Labor and Industries. B. Acceptance of Compensation and Release of All Claims(See Appendix C) END OF SECTION RESERVOIR 17-INTERIOR COATING REPLACEMENT BIDDER CHECKLIST APRIL 2024 00040-2 SECTION 000100 INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS Terms used in these Instructions to Bidders and the Notice Inviting Bids which are defined in the General Conditions have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to OWNER, as distinct from a sub-bidder, who submits a Bid to a Bidder. The term OWNER is defined as the City of Bremerton, located at 345 6th Street, 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 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. License shall be obtained prior to first payment request. 3. INTERPRETATIONS AND ADDENDA 3.1 All questions about the meaning or intent of the Contract Documents are to be directed to the ENGINEER, defined in GC-1.01 A of the General Conditions. Additions, deletions, or revisions to the Contract Documents considered necessary by the ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by the ENGINEER or OWNER as having received the Contract Documents. Only answers to such questions issued by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 3.2 Addenda may also be issued to make other additions, deletions, or revisions to the Contract Documents. 3.3 Bidders shall make no special interpretation or inference of intent from differing formats in the Technical Specifications. 4. BIDDERS EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting the Bid: A. To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents(including "technical" data referred to below); B. To visit the site to become familiar with local conditions that may affect cost,progress, or performance of the WORK; C. To consider federal, state, and local Laws and Regulations that may affect cost,progress, or performance of the WORK; D. To study and carefully correlate the Bidder's observations with the Contract Documents; and E. To notify the ENGINEER of all conflicts, errors, ambiguities, or discrepancies in or between the Contract Documents and such other related data. RESERVOIR 17-INTERIOR COATING REPLACEMENT INSTRUCTIONS TO BIDDERS APRIL 2024 00100-1 F. When conflicts, errors, ambiguities, or discrepancies are discovered in or between Contract Documents and/or other related documents, and when said conflicts, etc. have not been resolved through the interpretations by ENGINEER as described in Paragraph 3 above, BIDDER shall include in the Bid the greater quantity of WORK or compliance with the more stringent requirement resulting in a greater cost. Such greater cost shall be included in the BID. 4.2 Reference is made to the Supplementary Conditions for identification of: Those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Utilities) which are at or contiguous to the site have been utilized by the ENGINEER in the preparation of the Contract Documents. The Bidder may rely upon the accuracy of the technical data contained in such drawings,however,the interpretation of such technical data, including any interpolation or extrapolation thereof,together with nontechnical data, interpretations, and opinions contained in such drawings or the completeness thereof is the responsibility of the Bidder. 4.3 Copies of reports and drawings referred to in Paragraph 4.2 will be made available by the OWNER for review at the office of the OWNER by any Bidder on request, if said reports and drawings are not bound herein. Those reports and drawings are not part of the Contract Documents,but the technical data contained therein upon which the Bidder is entitled to rely, as provided in SC-4.02.0 of the Supplementary Conditions, are incorporated herein by reference. 4.4 Information and data reflected in the Contract Documents with respect to Underground Utilities at or contiguous to the site is based upon information and data furnished to the OWNER and the ENGINEER by the owners of such Underground Utilities or others, and the OWNER does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions or Section 01500, 1.7 - Protection of Existing Facilities. 4.5 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions,Underground Utilities, and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Sections 4.02, 4.03, and 4.04 of the General Conditions and Supplementary General Conditions. 4.6 Before submitting a Bid, each Bidder will, at Bidder's own expense,make or obtain any additional examinations, investigations, explorations,tests, and studies and obtain any additional information and data which pertain to the physical conditions(surface, subsurface, and Underground Utilities)at or contiguous to the site or otherwise which may affect cost,progress, or performance of the WORK and which the Bidder deems necessary to determine its Bid for performing the WORK in accordance with the time,price, and other terms and conditions of the Contract Documents. 4.7 On request a minimum of two(2)business days in advance,the OWNER will provide each Bidder access to the site to conduct such examinations, investigations, explorations,tests, and studies as each Bidder deems necessary for submission of a Bid. WORK conducted on weekends shall be coordinated during regular business hours of the previous week. Location of any excavation or boring shall be subject to prior approval of OWNER and applicable agencies. Bidder shall fill all holes, restore all pavement to match existing structural section, and shall clean up and restore the site to its former condition upon completion of such explorations. 4.8 The lands upon which the WORK is to be performed,rights-of-way, and easements for access thereto and other lands designated for use by the CONTRACTOR in performing the WORK are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the OWNER unless otherwise provided in the Contract Documents. RESERVOIR 17-INTERIOR COATING REPLACEMENT INSTRUCTIONS TO BIDDERS APRIL 2024 00100-2 4.9 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Paragraph 4 and the following: A. That the Bid is premised upon performing the WORK required by the Contract Documents without exception and such means,methods,techniques, sequences, or procedures of construction (if any) as may be required by the Contract Documents; B. That Bidder has given the ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies in the Contract Documents and the written resolution thereof by the ENGINEER is acceptable to the Bidder; and C. That the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the WORK. 5. BID FORMS The Bid shall be submitted on the Bid Forms in Section 00300 bound herein. All blanks on the Bid Forms shall be completed in ink.All names must be printed below the signatures. 6. CERTIFICAFES 6.1 Bids by corporations must be executed in the corporate name by the president, a vice-president, or other corporate officer. Such Bid shall be accompanied by the enclosed Certificate of Authority to sign, attested by the secretary or assistant secretary, and with the corporate seal affixed. The corporate address and state of incorporation must appear below the signature. 6.2 Bids by partnerships must be executed in the partnership name and be signed by a managing partner, accompanied by the enclosed Certificate of Authority to sign, and his/her title must appear under the signature and the official address of the partnership must appear below the signature. 6.3 Bids by joint ventures must be executed in the joint venture name and be signed by a joint venture managing partner, accompanied by the enclosed Certificate of Authority to sign, and his/her title must appear under the signature and the official address of the joint venture must appear below the signature. 6.4 Bids by limited liability companies must be executed in the limited liability company name and be signed by a member, accompanied by the enclosed Certificate of Authority to sign, and his/her title must appear under the signature and the official address of the joint venture must appear below the signature. 7. DISQUALIFICATION OF BIDDERS More than one Bid from an individual, firm,partnership,corporation, or association under the same or different names will not be considered. If the OWNER believes that any Bidder has a fiduciary interest in more than one Bid for the WORK contemplated, all Bids in which such Bidder is interested will be rejected. If the OWNER believes that collusion exists among the Bidders, all Bids will be rejected. A party who has quoted prices to a Bidder is not hereby disqualified from quoting prices to other Bidders, or from submitting a Bid directly for the WORK. 8. QUANTITIES OF WORK Paragraph not used. 9. SUBSTITUFE OR "OR EQUAL" ITEMS Not used. RESERVOIR 17-INTERIOR COATING REPLACEMENT INSTRUCTIONS TO BIDDERS APRIL 2024 00100-3 10. COMPETENCY OF BIDDERS In selecting the lowest responsive,responsible Bidder,consideration will also be given to the general competency of the Bidder for the performance of the WORK covered by the Bid. To this end, each Bid shall be supported by a statement of the Bidder's experience as of recent date on the form entitled "PROJECT REFERENCES &GENERAL INFORMATION" in the bid Forms. 11. SUBMISSION OF BIDS The Bid shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the Bidder's sole responsibility to see that its Bid is received in proper time and at the proper place. 12. BID SECURITY, BONDS,AND INSURANCE Each Bid shall be accompanied by a certified or cashier's check or approved Bid Bond in the amount stated in the Notice Inviting Bids.Said check or bond shall be made payable to the OWNER and shall be given as a guarantee that the Bidder,if awarded the WORK,will enter into an Agreement with the OWNER, and will furnish the necessary insurance certificates, Payment Bond, and Performance Bond; each of said bonds to be in the amount stated in the General Conditions and 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 Schedule,the Bidder shall furnish a price for all Bid items in the Schedule, and failure to do so will render the Bid non-responsive and will cause its rejection. In the event there are unit price Bid items in a Bidding schedule and the amount indicated for a unit price Bid item does not equal the product of the unit price and quantity,the unit price shall govern, and the amount will be corrected accordingly, and the BIDDER shall be bound by said correction. In the event there is more than one Bid item in a Bid Schedule and the total indicated for the Schedule does not agree with the sum of the prices Bid on the individual items,the prices Bid on the individual items shall govern and the total for the Schedule will be corrected accordingly, and the BIDDER shall be bound by said correction. 14. MODIFICATIONS AND UNAUTHORIZED AL IERNATIVE BIDS Unauthorized conditions, limitations, or provisos attached to the Bid shall render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineations, alterations, or erasures in the printed text. Alternative Bids will not be considered unless called for. Oral, telegraphic, or telephonic Bids or modifications will not be considered. 15. WITHDRAWAL OF BID The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its properly authorized representative. Such written request must be delivered via the method stipulated in the Notice Inviting Bids for receipt of Bids prior to the scheduled closing time for receipt of Bids. 16. AWARD OF CONTRACT RESERVOIR 17-INTERIOR COATING REPLACEMENT INSTRUCTIONS TO BIDDERS APRIL 2024 00100-4 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 whose Bids they accompany. 18. EXECUTION OF AGREEMENT The Bidder to whom award is made shall execute a written Agreement with the OWNER on the form of agreement provided reflecting by incorporation the additions, deletions, or revisions agreed upon, shall secure all insurance, and shall furnish all certificates and bonds required by the Contract Documents within 10 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. LIQUIDA 1'ED DAMAGES The Agreement contains a provision for Liquidated Damages. Please carefully read the Agreement and all other Contract Documents before submitting a bid. 20. SALES TAX Washington State Department of Revenue Rule 170 or Rule 171 will apply to this contract. The applicable tax rule is indicated in the Bid Schedule form. Contact DOR for additional information regarding application of tax rules. All other federal, state, and local sales use or other taxes as required by federal, state, or local laws shall be included in the various unit bid item prices or other contract amounts. END OF SECTION RESERVOIR 17-INTERIOR COATING REPLACEMENT INSTRUCTIONS TO BIDDERS APRIL 2024 00100-5 SECTION 00300 BID FORMS ACKNOWLEDGEMENT OF BID AND ADDENDA BID TO: CITY OF BREMERTON, PUBLIC WORKS AND UTILITIES -ENGINEERING DIVISION 1. The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with the OWNER in the form included in the Contract Documents to perform the WORK as specified or indicated in said Contract Documents entitled"RESERVOIR 17—INTERIOR COATING REPLACEMENT." 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). Failure to acknowledge addenda shall render the bid non-responsive and shall be cause for its rejection. Addenda Number: Date: 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. Dated: Bidder: (Company Name) By: Title: (Signature) RESERVOIR 17-INTERIOR COATING REPLACEMENT BID FORMS APRIL 2024 00300-1 BID CERTIFICATE (if Corporation) STATE OF ) SS: COUNTY OF I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of ,held on , 2024,the following resolution was duly passed and adopted: "RESOLVED,that , as President of the Corporation,be and is hereby authorized to execute the Bid dated , 2024,to the City of Bremerton by this corporation 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 2024. Secretary (SEAL) RESERVOIR 17-INTERIOR COATING REPLACEMENT BID FORMS APRIL 2024 00300-2 BID CERTIFICATE (if Partnership) STATE OF ) SS: COUNTY OF I HEREBY CERTIFY that a meeting of the Partners of the a partnership existing under the laws of the State of ,held on , 2024,the following resolution was duly passed and adopted: "RESOLVED,that , as of the Partnership,be and is hereby authorized to execute the Bid dated , 2024,to the City of Bremerton by this partnership and that his/her execution thereof, attested by the shall be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 2024. Partner (SEAL) RESERVOIR 17-INTERIOR COATING REPLACEMENT BID FORMS APRIL 2024 00300-3 BID CERTIFICATE (if Joint Venture) STATE OF ) SS: COUNTY OF I HEREBY CERTIFY that a meeting of the Principals of the a joint venture existing under the laws of the State of ,held on , 2024,the following resolution was duly passed and adopted: "RESOLVED,that , as of the Joint Venture, be and is hereby authorized to execute the Bid dated , 2024, to the City of Bremerton by this joint venture and that his/her execution thereof, attested by the shall be the official act and deed of this Joint Venture." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 2024. Managing Partner (SEAL) RESERVOIR 17-INTERIOR COATING REPLACEMENT BID FORMS APRIL 2024 00300-4 BID CERTIFICATE (if Limited Liability Company) STALL OF ) SS: COUNTY OF I HEREBY CERTIFY that a meeting of the Members of the a limited liability company existing under the laws of the State of ,held on , 2024,the following resolution was duly passed and adopted: "RESOLVED,that and as members of the Limited Liability Company, be and are hereby authorized to execute the Agreement dated , 2024, to the City of Bremerton by this limited liability company and that their execution thereof shall be the official act and deed of this Limited Liability Company." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 2024. A Limited Liability Company By: Member By: (SEAL) Member RESERVOIR 17-INTERIOR COATING REPLACEMENT BID FORMS APRIL 2024 00300-5 BID SCHEDULE RESERVOIR 17—INTERIOR COATING REPLACEMENT The Bid Schedule must be completed by the Bidder by filling in each blank. The cost item shall be in dollars and cents,using numerals only. Failure to do so will render the bid non-responsive and will cause its rejection. Each bid item is lump sum, except force account. NOTE ON SALES TAX: Washington State Department of Revenue Rule 170 applies to this project. Bids will be evaluated on the basis of the TOTAL BID PRICE. NAMEOF CONTRACTOR: (Print name of contractor) BID ITEM NO. ITEM DESCRIPTION COST(IN DOLLARS AND CENTS) SCHEDULE A—RESERVOIR 17 INTERIOR COATING A.1 INTERIOR COATING REPLACEMENT $ A.2 FORCE ACCOUNT $ 10,000.00 SUBTOTAL SCHEDULE A $ SCHEDULE B—RESERVOIR EXTERIOR CLEANING B.1 RESERVOIR lON CLEANING $ B.2 RESERVOIR 10S CLEANING $ B.3 RESERVOIR 15 CLEANING $ B.4 RESERVOIR 16 CLEANING $ B.5 RESERVOIR 17 CLEANING $ B.6 RESERVOIR 20 CLEANING $ B.7 RESERVOIR 21 CLEANING $ B.8 RESERVOIR23CLEANING $ B.9 FORCE ACCOUNT $20,000.00 SUBTOTAL SCHEDULE B $ SUBTOTAL (SCHEDULES A & B) $ SALES TAX ON SUBTOTAL SCHEDULES A and B @ 9.2% $ TOTAL BID PRICE (SUBTOTAL PLUS SALES TAX) $ RESERVOIR 17-INTERIOR COATING REPLACEMENT BID FORMS APRIL 2024 00300-6 BID BOND KNOW ALL MEN BY THESE PRESENTS, That as Principal, and as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of dollars, (not less than five percent(5%) of the total amount of the Bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said OWNER to perform the WORK required under the bidding schedule(s) of the OWNER's Contract Documents entitled RESERVOIR 17— INTERIOR COATING REPLACEMENT. If the Principal is awarded the Bid and, within 14 calendar days after receipt of the Contract Document forms from the OWNER, fails to provide the OWNER with the duly executed Agreement; the duly executed Certificates of Insurance,the duly executed Performance Bond and the duly executed Payment Bond, all as specified in the Contract Documents,then the Surety shall, without condition and within 30 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 Contract Documents. The Surety stipulates and agrees that the obligation of said Surety shall in no way be impaired or affected by an extension of the time within which the OWNER may accept such bid and Surety further waives notice of any such extension. In the event suit is brought upon this bond by said OWNER and OWNER prevails, said Principal and Surety shall pay all costs incurred by said OWNER in such suit, including reasonable attorney's fees and costs to be fixed by the court. SIGNED AND SEALED, this day of , 2024 (SEAL) (SEAL) (Principal) (Surety) By: By: (Signature) (Signature) (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) Address of Surety to which all notices shall be sent: Address for Service of Process(must be a physical address): RESERVOIR 17-INTERIOR COATING REPLACEMENT BID FORMS APRIL 2024 00300-7 LIST OF SUBCONTRACTORS The Bidder shall provide the following information for each Subcontractor who will perform work or labor or render service to the CONTRACTOR in or about the construction of the work or improvement in an amount in excess of ten(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 Bidder agrees to submit the list of Subcontractors as part of the Bid or within 24 hours of the Bid. The CONTRACTOR shall list only one Subcontractor for each portion of the WORK as is defined by the CONTRACTOR in its bid. If no Subcontractor is listed, the bidder acknowledges that it does not intend to use any subcontractor whose work on the CONTRACT will exceed ten(10)percent of the bid price. Failure to comply with this requirement may render the Bid non-responsive and may cause its rejection. Attach additional sheets if required. SUBCONTRACTOR#1 Company Name: Subcontractor License#: Work to be Performed: Address: Phone Number: Bid Amount and%of Total Bid: _ SUBCONTRACTOR#2 Company Name: Subcontractor License#: Work to be Performed: Address: Phone Number: Bid Amount and%of Total Bid: J. SUBCONTRACTOR#3 Company Name: Subcontractor License#: Work to be Performed: Address: Phone Number: Bid Amount and%of Total Bid: SUBCONTRACTOR#4 Company Name: Subcontractor License#: Work to be Performed: Address: Phone Number: Bid Amount and%of Total Bid: RESERVOIR 17-INTERIOR COATING REPLACEMENT BID FORMS APRIL 2024 00300-8 INFORMATION REQUIRED OF BIDDER The Bidder shall furnish the following information. Additional sheets shall be attached as required. Failure to complete these items may cause the Bid to be non-responsive and may cause its rejection. In any event,no award will be made until all of the Bidder's General Information is delivered to the OWNER. Contractor Name: Primary Classification: Address: Telephone: Fax Number: E-mail Address: Name and contact information for proposed Project Manager: Employment Security Department Number: Washington Industrial Insurance Number: Washington State Unified Business Identification(UBI) Number: Washington State Excise Tax Registration Number: Washington State Contractor's Registration Number and Expiration Date: City of Bremerton Business License Number: *If not available, must be obtained prior to issuance of Notice to Proceed Name, address, and telephone number of Surety Company and Agent who will provide the required bonds this Contract: RESERVOIR 17-INTERIOR COATING REPLACEMENT BID FORMS APRIL 2024 00300-9 CONTRACTOR QUALIFICATIONS AND REFERENCES To be considered for award, the CONTRACTOR must have coated at least 10 steel potable water tanks (Interior or exterior) within the past 5 years under the bidder's name as the prime (general) contractor. Provide the following information: List of 10 projects within the past 5 years. Include the following information: • Name of project • Agency or Name of Owner and contact information • Project Cost • Date Project Completed For three of those projects, provide reference contact information, including name, address, email address and telephone number of engineer, architect or agency representative. The City will be contacting references. Additionally, provide the following information: • List of major owned-equipment • Years in business under current name • Contracts now in hand, gross amount, and percent complete This information may be submitted within 24 hours after the bid opening. RESERVOIR 17-INTERIOR COATING REPLACEMENT BID FORMS APRIL 2024 00300-10 NON-COLLUSION AFFIDAVIT STAIE OF ) SS: COUNTY OF , being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person,partnership,company, association, organization, or corporation;that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded,conspired,connived, or agreed with any bidder or anyone else to put 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 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 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. Signed: Subscribed and sworn to before me this day of , 2024 Notary Public in and for the County of State of (SEAL) RESERVOIR 17-INTERIOR COATING REPLACEMENT BID FORMS APRIL 2024 00300-11 CERTIFICATION BY PROPOSED CON TRACTOR REGARDING EQUAL EMPLOYMENT In accordance with Chapter 56,Laws of 1975 1st Extraordinary Session, Certification regarding Equal Opportunity is required of bidders or prospective contractors and their proposed subcontractors prior to the award of contracts or subcontracts. Name of Prime Contractor Address Internal Revenue Service Employer Identification No. a. Contractor has participated in a previous contract Yes —No — or subcontract subject to the Equal Opportunity Clause. b. Compliance reports were required to be filed in Yes _No connection with such contract/subcontract. c. Contractor has filed all compliance reports required by Yes _No Executive Orders 10925, 11114, 11246, or by regulations of the Equal Opportunity Commission issued pursuant to Title VII of the Civil Rights Act of 1964. a. If answer to item 'c' is "no", please explain in detail in the space below. CERTIFICATION: I,the undersigned,certify that the information above is true and complete to the best of my knowledge and belief. Company Name Name and Title of Signer(Please type or print clearly) Signature Date RESERVOIR 17-INTERIOR COATING REPLACEMENT BID FORMS APRIL 2024 00300-12 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/she does not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she does not permit his/her employees to perform their services at any location,under his/her control, where segregated facilities are maintained. The federally assisted construction contractor certified, further that he/she will not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she will not permit his/her employees to perform their services at any location,under his/her 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/she has obtained identical certifications from proposed contractors for specific time periods)he/she 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/she will retain such, certification in this file. CERTIFICATION: I,the undersigned,certify that the information above is true and complete to the best of my knowledge and belief. Company Name Name and Title of Signer(Please type or print clearly) Signature Date RESERVOIR 17-INTERIOR COATING REPLACEMENT BID FORMS APRIL 2024 00300-13 CERTIFICATION OF FEDERAL NON-DEBARMENT AND SUSPENSION INSTRUCTIONS TO BIDDERS: THIS FORM SHALL BE EXECUTED BY THE CONTRACTOR AND SUBMITTED WITH THE BID. THE CONTRACTOR SHALL MAKE COPIES AND DISTRIBUTE THIS FORM TO ALL SUBCONTRACTORS. SUBCONTRACTORS MUST SUBMIT THIS FORM TO THE CITY PRIOR TO PERFORMING ANY WORK ON THE PROJECT. As a prospective contractor for the City of Bremerton and as a requirement of your submittal,you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Debarment: Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards or using federal funds,and all sub-recipients certify that the organization and its principals are not debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded by any Federal department or agency from doing business with the Federal Government or from receiving Federally-assisted contracts. Your signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. If, at any time during the term of the contract, such condition occurs the Contractor will notify the City without delay. CERTIFICATION: I,the undersigned,certify that the information above is true and complete to the best of my knowledge and belief. Company Name Name and Title of Signer(Please type or print clearly) Signature Date RESERVOIR 17-INTERIOR COATING REPLACEMENT BID FORMS APRIL 2024 00300-14 CERTIFICATION OF COMPLIANCE WITH WAGE PAYEMENT STATUTES The undersigned bidder hereby certifies that, within the three(3)year period immediately preceding the bid solicitation date for this Project,that the bidder is not a"willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. t`I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct." Signature: Date: Print Name and Title: Location or Place executed: (City,State) Check One: Individual ❑ Partnership ❑ Joint Venture ❑Corporation ❑ State of Incorporation, or if not a corporation,State where business entity was formed: If a co-partnership, give firm name under which business is transacted: Note: 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. END OF BID FORM RESERVOIR 17-INTERIOR COATING REPLACEMENT BID FORMS APRIL 2024 00300-15 THIS PAGE INTENTIONALLY LEFT BLANK SECTION 00500 AGREEMENT THIS AGREEMENT is dated the day of in the year 2024 by and between City of Bremerton(hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the OWNERS's Contract Documents entitled RESERVOIR 17—INTERNAL COATING REPLACEMENT. ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Substantial Completion within 90-calendar days from the commencement date stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. Final Completion and Acceptance of WORK shall be achieved no later than 30 calendar days following Substantial Completion. ARTICLE 3.LIQUIDATED DAMAGES. OWNER and the CONTRACTOR recognize that time is of the essence for 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 CONTRACTOR shall pay the OWNER liquidated damages for the delay(Not as a penalty) in the amount of$750 per day that expires after the time specified in Article 2. ARTICLE 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Schedule(s). 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. Contractor Initials RESERVOIR 17-INTERIOR COATING REPLACEMENT AGREEMENT APRIL 2024 00500-1 ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the WORK consist of this Agreement(Section 00500) and the following which are either attached or incorporated herein by reference: • Notice Inviting Bids (Section 00030). • Bidders Checklist (Section 00100). • Bid Proposal including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates and affidavits (Section 00300). • Performance Bond (Section 00610). • Payment Bond (Section 00620). • General Conditions (Section 00700). • Supplementary General Conditions (Section 00800). • Technical Specifications as listed in the Table of Contents, including appendices. • Drawings as listed in the List of Drawings • Addenda numbers to , 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 Section 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 Sections 6.20 of the General Conditions and Supplemental Conditions. The provisions of this section shall survive the termination of the contract. 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 the General Conditions and Supplementary Conditions. Contractor Initial RESERVOIR 17-INTERIOR COATING REPLACEMENT AGREEMENT APRIL 2024 00500-2 ARTICLE 9.ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the 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 CITY 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 subcontractors and suppliers. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written. OWNER: City of Bremerton CONTRACTOR (Signature) (Signature) By By (Printed name) (Printed name) [CORPORATE SEAL] Attest Attest Address for giving notices: Address for giving notices: City of Bremerton 345 6th Street,Suite 100 Bremerton,WA 98337 License No. Approved as to Form: (Signature) Agent for service of process: City Attorney (Title) RESERVOIR 17-INTERIOR COATING REPLACEMENT AGREEMENT APRIL 2024 00500-3 AGREEMENT CERTIFICATE (if Corporation) STATE OF ) SS: COUNTY OF I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of ,held on , 2024,the following resolution was duly passed and adopted: "RESOLVED,that , as President of the Corporation,be and is hereby authorized to execute the CONTRACT dated 2024, by and between this Corporation and City of Bremerton and that his/her execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this , day of , 2024. Secretary (SEAL) RESERVOIR 17-INTERIOR COATING REPLACEMENT AGREEMENT APRIL 2024 00500-4 AGREEMENT CERTIFICATE (if Partnership) STALL OF ) SS: COUNTY OF I HEREBY CERTIFY that a meeting of the Partners of the a partnership existing under the laws of the State of ,held on , 2024,the following resolution was duly passed and adopted: "RESOLVED,that , as of the Partnership, be and is hereby authorized to execute the CONTRACT dated 2024, by and between this Partnership and City of Bremerton and that his/her execution thereof, attested by the shall be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 2024. Partner (SEAL) RESERVOIR 17-INTERIOR COATING REPLACEMENT AGREEMENT APRIL 2024 00500-5 AGREEMENT CERTIFICATE (if Joint Venture) STATE OF ) SS: COUNTY OF I HEREBY CERTIFY that a meeting of the Principals of the a joint venture existing under the laws of the State of ,held on , 2024,the following resolution was duly passed and adopted: "RESOLVED,that , as of the Joint Venture, be and is hereby authorized to execute the CONTRACT dated 2024, by and between this Joint Venture and City of Bremerton and that his/her execution thereof, attested by the shall be the official act and deed of this Joint Venture." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of ,2024. Managing Partner (SEAL) RESERVOIR 17-INTERIOR COATING REPLACEMENT AGREEMENT APRIL 2024 00500-6 AGREEMENT CERTIFICATE (if Limited Liability Company) STALL OF ) SS: COUNTY OF I HEREBY CERTIFY that a meeting of the Members of the a Limited Liability Company existing under the laws of the State of ,held on , 2024,the following resolution was duly passed and adopted: "RESOLVED,that , and as members of the Limited Liability Company, be and are hereby authorized to execute the CONTRACT dated 2024, to the City of Bremerton by this Limited Liability Company and that their execution thereof shall be the official act and deed of this Limited Liability Company." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 2024. A Limited Liability Company By: Member By: Member (SEAL) RESERVOIR 17-INTERIOR COATING REPLACEMENT AGREEMENT APRIL 2024 00500-7 THIS PAGE INTENTIONALLY LEFT BLANK SECTION 00610 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That as CONTRACTOR, and as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of 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,RESERVOIR 17— INTERNAL COATING REPLACEMENT";now,therefore, In the event CONTRACTOR fails to timely or properly perform any of the requirements of the Contract Documents at the times and in the manner contained therein,the Surety shall be liable under this bond up to the amount of the bond for the full amount of the OWNERS's expenses to construct or repair all work as well as all loss, cost, expense or damage suffered by the OWNER in excess of the Contract amount due to the CONTRACTOR'S failure to comply with any contract or permit conditions or other applicable laws and regulations. The Surety agrees that within 30 calendar days of receiving notice that the OWNER has declared a CONTRACTOR default and formally terminated the CONTRACTOR'S right to complete the Contract pursuant to its terms and conditions and that the CONTRACTOR has defaulted on all or part of the terms guaranteed by this bond,the Surety shall either: 1. Notify the OWNER in writing of its intent to cure the default itself within a reasonable period of time acceptable to the OWNER. The OWNER agrees to pay the balance of the Contract price to the Surety in accordance with the terms of the Contract, or 2. Tender to the OWNER the demanded sum,up to the amount of the bond. However, if the amount necessary for the OWNER to cure the default is less than the amount tendered,the OWNER will return, without interest, any overpayment to the Surety. PROVIDED,that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety hereunder, nor shall any extensions of time granted under the provisions of said Contract Documents,release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. RESERVOIR 17-INTERIOR COATING REPLACEMENT PERFORMANCE BOND APRIL 2024 00610-1 The obligation of the Surety shall include reimbursing the City for all costs and expenses, (including,but not limited to fees and charges of engineers, architects, attorneys, and other professionals, and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond. The CONTRACTOR hereby agrees that the CONTRACTOR'S obligation to perform the required work is not limited to the amount of funds held by the Surety. This bond is irrevocable and cannot be canceled by the Surety or the CONTRACTOR. This bond shall remain in full force and effect for a period of one(1)year following final acceptance of the project by the City, and until the bond is released in writing by the OWNER at the written request of the Surety or CONTRACTOR. IN WITNESS WHEREOF, we have hereunder set our hands and seals this day of , 2024. (SEAL) (SEAL) (CONTRACTOR) (Surety) By: By: (Signature and SEAL) (Signature and SEAL) (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) RESERVOIR 17-INTERIOR COATING REPLACEMENT PERFORMANCE BOND APRIL 2024 00610-2 SECTION 00620 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That as CONTRACTOR, And as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of 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 CONTRACT with said OWNER to perform the WORK as specified or indicated in the Contract Documents entitled"CITY OF BREMERTON,RESERVOIR 17 —INTERNAL COATING REPLACEMENT";now,therefore, If said CONTRACTOR, or subcontractor, fails to pay for any materials, equipment, or other supplies, or for rental of same,used in connection with the performance of work contracted to be done, or for amounts due under applicable State law for any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and, in the event suit is brought upon this bond, reasonable attorney's fees to be fixed by the court. This bond shall inure to the benefit of any persons, companies, or corporations entitled to file claims under applicable State law so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED,that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety thereunder,nor shall any extensions of time granted under the provisions of said Contract Documents release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the CONTRACT is hereby waived by said Surety. The obligation of the Surety shall include reimbursing the City of all costs and expenses, (including,but not limited to fee and charges of engineers, architects, attorneys, and other professionals, and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond. RESERVOIR 17-INTERIOR COATING REPLACEMENT PAYMENT BOND APRIL 2024 00620-1 IN WITNESS WHEREOF, we have hereunder set our hands and seals this , day of , 2024. (SEAL) (SEAL) (CONTRACTOR) (Surety) By: By: (Signature and SEAL) (Signature and SEAL) (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) END OF SECTION RESERVOIR 17-INTERIOR COATING REPLACEMENT PAYMENT BOND APRIL 2024 00620-2 THIS PAGE INTENTIONALLY LEFT BLANK tl .r. •,.. CITY OF BREMERTON Version: 06-03-16 CITY OF BREMERTON STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright© 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. CITY OF BREMERTON STANDARD GENERAL CONDITIONS CITY OF BREMERTON STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 1 1.01 DEFINED TERMS 1 1.02 TERMINOLOGY 5 ARTICLE 2-PRELIMINARY MATTERS 6 2.01 DELIVERY OF BONDS AND EVIDENCE OF INSURANCE 6 2.02 COPIES OF DOCUMENTS 6 2.03 COMMENCEMENT OF CONTRACT TIMES; NOTICE TO PROCEED 6 2.04 STARTING THE WORK 7 2.05 BEFORE STARTING CONSTRUCTION 7 2.06 PRECONSTRUCTION CONFERENCE;DESIGNATION OF AUTHORIZED REPRESENTATIVES 7 2.07 INITIAL ACCEPTANCE OF SCHEDULES 7 ARTICLE 3- CON TRACT DOCUMENTS: INTENT,AMENDING,REUSE 8 3.01 INTENT 8 3.02 REFERENCE STANDARDS 8 3.03 REPORTING AND RESOLVING DISCREPANCIES 8 3.04 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS 10 3.05 REUSE OF DOCUMENTS 10 3.06 ELECTRONIC DATA 10 ARTICLE 4-AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 11 4.01 AVAILABILITY OF LANDS 11 4.02 SUBSURFACE AND PHYSICAL CONDITIONS 11 4.03 DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS 11 4.04 UNDERGROUND FACILITIES 12 4.05 REFERENCE POINTS 13 4.06 HAZARDOUS ENVIRONMENTAL CONDITION AT SITE 14 ARTICLE 5-BONDS AND INSURANCE 15 5.01 PERFORMANCE, PAYMENT,AND OTHER BONDS 15 5.02 LICENSED SURETIES AND INSURERS 16 5.03 CERTIFICATES OF INSURANCE 16 5.04 CONTRACTOR'S INSURANCE 16 ARTICLE 6- CONTRACTOR'S RESPONSIBILITIES 19 6.01 SUPERVISION AND SUPERINTENDENCE 19 6.02 LABOR; WORKING HOURS 19 6.03 SERVICES, MATERIALS, AND EQUIPMENT 20 6.04 PROGRESS SCHEDULE 20 6.05 PROPOSED SUBSTITUTIONS OR "OR-EQUAL" ITEM 20 6.06 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS 23 6.07 PATENT FEES AND ROYALTIES 24 6.08 PERMITS 24 CITY OF BREMERTON STANDARD GENERAL CONDITIONS 6.09 LAWS AND REGULATIONS 25 6.10 TAXES 25 6.11 USE OF SITE AND OTHER AREAS 25 6.12 RECORD DOCUMENTS 26 6.13 SAFETY AND PROTECTION 26 6.14 SAFETY REPRESENTATIVE 27 6.15 HAZARD COMMUNICATION PROGRAMS 28 6.16 EMERGENCIES 28 6.17 SUBMITTALS 28 6.18 CONTINUING THE WORK 30 6.19 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE 30 6.20 INDEMNIFICATION 31 6.21 DELEGATION OF PROFESSIONAL DESIGN SERVICES 32 ARTICLE 7-OTHER WORK AT THE SITE 32 7.01 RELATED WORK AT SITE 32 7.02 COORDINATION 33 7.03 LEGAL RELATIONSHIPS 33 ARTICLE 8-OWNER'S RESPONSIBILITIES 34 8.01 COMMUNICATIONS TO CONTRACTOR 34 8.02 REPLACEMENT OF ENGINEER 34 8.03 FURNISH DATA 34 8.04 PAY WHEN DUE 34 8.05 LANDS AND EASEMENTS; REPORTS AND TESTS 34 8.06 INSURANCE 34 8.07 CHANGE ORDERS 34 8.08 INSPECTIONS, TESTS, AND APPROVALS 34 8.09 LIMITATIONS ON OWNER'S RESPONSIBILITIES 35 8.10 UNDISCLOSED HAZARDOUS ENVIRONMENTAL CONDITION 35 8.11 COMPLIANCE WITH SAFETY PROGRAM 35 ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION 35 9.01 OWNER'S REPRESENTATIVE 35 9.02 VISITS TO SITE 35 9.03 RESIDENT PROJECT REPRESENTATIVE 35 9.04 AUTHORIZED VARIATIONS IN WORK 36 9.05 REJECTING DEFECTIVE WORK 36 9.06 SUBMITTALS, CHANGE ORDERS AND PAYMENTS 36 9.07 DETERMINATIONS FOR UNIT PRICE WORK 36 9.08 DECISIONS ON REQUIREMENTS OF CONTRACT DOCUMENTS AND ACCEPTABILITY OF WORK 36 9.09 LIMITATIONS ON ENGINEER'S AUTHORITY AND RESPONSIBILITIES 37 ARTICLE 10- CHANGES IN THE WORK; CLAIMS 37 10.01 AUTHORIZED CHANGES IN THE WORK 37 10.02 UNAUTHORIZED CHANGES IN THE WORK 38 10.03 EXECUTION OF CHANGE ORDERS 38 10.04 NOTIFICATION TO SURETY 38 10.05 CLAIMS 38 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 39 11.01 COST OF THE WORK 39 11.02 ALLOWANCES 42 11.03 UNIT PRICE WORK 42 CITY OF BREMERTON STANDARD GENERAL CONDITIONS ARTICLE 12- CHANGE OF CON TRACT PRICE; CHANGE OF CONTRACT TIMES 43 12.01 CHANGE OF CONTRACT PRICE 43 12.02 CHANGE OF CONTRACT TIMES 46 12.03 DELAYS 46 ARTICLE 13-TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 47 13.01 NOTICE OF DEFECTS 47 13.02 ACCESS TO WORK 47 13.03 TESTS AND INSPECTIONS 47 13.04 UNCOVERING WORK 48 13.05 OWNER MAY STOP THE WORK 49 13.06 CORRECTION OR REMOVAL OF DEFECTIVE WORK 49 13.07 CORRECTION PERIOD 49 13.08 ACCEPTANCE OF DEFECTIVE WORK 50 13.09 OWNER MAY CORRECT DEFECTIVE WORK 50 ARTICLE 14-PAYMENTS TO CON TRACTOR AND COMPLETION 51 14.01 SCHEDULE OF VALUES 51 14.02 PROGRESS PAYMENTS 51 14.03 CONTRACTOR'S WARRANTY OF TITLE 55 14.04 SUBSTANTIAL COMPLETION 55 14.05 PARTIAL UTILIZATION 55 14.06 FINAL INSPECTION 56 14.07 FINAL PAYMENT 56 14.08 FINAL COMPLETION DELAYED 58 14.09 WAIVER OF CLAIMS 58 ARTICLE 15- SUSPENSION OF WORK AND TERMINATION 59 15.01 OWNER MAY SUSPEND WORK 59 15.02 OWNER MAY 1'ERMINAI'E FOR CAUSE 59 15.03 OWNER MAY 1'ERMINAI'E FOR CONVENIENCE 60 15.04 CONTRACTOR MAY STOP WORK OR TERMINATE 60 ARTICLE 16-DISPUTE RESOLUTION 61 16.01 METHODS AND PROCEDURES 61 ARTICLE 17-MISCELLANEOUS 61 17.01 GIVING NOTICE 61 17.02 COMPUTATION OF TIMES 61 17.03 CUMULATIVE REMEDIES 61 17.04 SURVIVAL OF OBLIGATIONS 62 17.05 CONTROLLING LAW 62 17.06 HEADINGS 62 17.07 ADMINISTRATIVE PROCEDURES AND FORMS 62 17.08 RIGHT TO AUDIT 62 17.09 SEVERABILITY 63 17.10 WAIVER 63 ARTICLE 18-WASHINGTON STATE REQUIREMENTS 63 18.01 TRENCH EXCAVATION SAFETY SYS ISMS 63 18.02 PAYMENT OF PREVAILING WAGES 63 18.03 WATER POLLUTION CONTROL REQUIREMENTS 65 18.04 PREVENTION OF ENVIRONMENTAL POLLUTION&PRESERVATION OF PUBLIC NATURAL RESOURCES 65 CITY OF BREMERTON STANDARD GENERAL CONDITIONS THIS PAGE INTENTIONALLY LEFT BLANK ARTICLE 1 —DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A.Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters,the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs,and the titles of other documents or forms. Act of God—An earthquake, flood, cyclone, or other cataclysmic phenomenon of nature. Rain, wind, flood or other natural phenomenon of intensity less than that recorded for the locality of the Work shall not be construed as an Act of God and no reparation shall be made to Contractor for damage to the Work resulting there from. 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. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 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. 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. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 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. Bidder—The individual or entity who submits a Bid directly to Owner. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 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. 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. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times,or both,or other relief with respect to the terms of the Contract.A demand for money or services by a third party is not a Claim. CITY OF BREMERTON 00700-1 STANDARD GENERALCONDITIONS 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. Conformed Contract Documents—Contract Documents issued for construction that include the Agreement,Bonds, Insurance and Addenda. 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. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 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). 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 fmal payment as evidenced by Engineer's written recommendation of fmal payment. Contractor—The individual or entity with whom Owner has entered into the Agreement. Cost of the Work—See Paragraph 11.01 for definition. Design Engineer—The City's Consulting Engineer,or staff Engineer who prepared the drawings and specifications. 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 defmed. 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. Engineer—The Engineer is defmed as the City Engineer of the City of Bremerton,Washington. 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. 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. CITY OF BREMERTON 00700-2 STANDARD GENERALCONDITIONS General Requirements—Sections of Division 1 of the Specifications. 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. 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. Holiday—A non-working day corresponding to a legal holiday adopted by the City of Bremerton City Council, during which City offices are closed. 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. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 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. 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. 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. Owner—The Owner is defined as the City of Bremerton,located at 345 6th Street,WA 98337. 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. PCBs—Polychlorinated biphenyls. 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. 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. 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. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. CITY OF BREMERTON 00700-3 STANDARD GENERALCONDITIONS 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. 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. 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. 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. 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. 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. 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. 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. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. Substantial Completion—The time at which the Work(or a specified part thereof)has reached a level of completion where,in the opinion of Engineer,the Work(or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, to be utilized for the purposes for which it is intended, as evidenced by Engineer's Notice of Substantial Completion. The terms"substantially complete"and"substantially completed"as applied to all or part of the Work refer to Substantial Completion thereof. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 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. CITY OF BREMERTON 00700-4 STANDARD GENERALCONDITIONS 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. Unit Price Work—Work to be paid for on the basis of unit prices. 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. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but,when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import are used to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: The word"day"means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: The word"defective," when modifying the word "Work,"refers to Work that is unsatisfactory, faulty, or deficient in that it: CITY OF BREMERTON 00700-5 STANDARD GENERALCONDITIONS a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection,reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer's recommendation of fmal payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 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. The word"install," when used in connection with services,materials, or equipment, shall mean to put into use or place in fmal position said services,materials, or equipment complete and ready for intended use. 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. When "furnish," "install," or"perform," are not used in connection with services,materials, or equipment in a context clearly requiring an obligation of Contractor, "provide"is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When the Contractor delivers the signed Agreement to the Owner, the Contractor shall also deliver such Bonds, insurance policies and insurance certificates in the number of copies as the Contractor may be required to furnish in accordance with the Contract Documents. 2.02 Copies of Documents A. The Owner shall furnish to the Contractor five (5) copies of Conformed Contract documents including Specifications,and reduced size Drawings. Additional copies and up to two full sized sets of Drawings will be furnished upon Contractor's written request at the cost to the Owner of reproduction,handling, and shipping. 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. CITY OF BREMERTON 00700-6 STANDARD GENERALCONDITIONS B. Within 60 calendar days following opening of Bids, the lowest responsive, responsible Bidder will be furnished with Notice of Award accomplished by three(3) copies each of the Contract Documents in form for Signatures. C. Within 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. Starting the Work A. Contractor shall start to perform the Work within ten(10)days of the Notice to Proceed.No Work shall be done at the Site prior to the Notice to Proceed. Before Starting Construction A. Preliminary Schedules: Within ten(10) days after the Effective Date of the Agreement(unless otherwise specified in the General Requirements),Contractor shall submit to Engineer for timely review: 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; A preliminary Schedule of Submittals;and A preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. A schedule of proposed substitute(or-equal)Submittals. Preconstruction Conference;Designation of Authorized Representatives B. Prior to issuance of the Notice to Proceed,a conference attended by Owner,Contractor,Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A,procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. Initial Acceptance of Schedules C. At least ten (10) days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional ten (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. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times.Such acceptance will not impose on Engineer CITY OF BREMERTON 00700-7 STANDARD GENERALCONDITIONS 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. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary;what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 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. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents.No such provision or instruction shall be effective to assign to Owner,Engineer,or any of their officers,directors,members,partners,employees,agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. Reporting and Resolving Discrepancies A. Reporting Discrepancies: 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 CITY OF BREMERTON 00700-8 STANDARD GENERALCONDITIONS Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work,Contractor discovers any conflict,error,ambiguity,or discrepancy within the Contract Documents, or between the Contract Documents and(a) any applicable Law or Regulation,(b)any standard, specification,manual, or code, or(c)any instruction of any Supplier,then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A)until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 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 e. Contractor's Bid(Bid Form) f. Supplementary Conditions g. General Conditions h. Technical Specifications i. Referenced Standard Specifications j. Drawings With reference to the Drawings the order of precedence is as follows: a. Dimensions govern over scaled dimensions. b. Detail drawings govern over general drawings. c. Addenda and Change Order drawings govern over any other drawings. d. Contract Drawings govern over standard drawings. 2. The provisions of any Laws or Regulations applicable to the performance of the Work(unless such an interpretation of the provisions of the Contract Documents would result in violation CITY OF BREMERTON 00700-9 STANDARD GENERALCONDITIONS of such Law or Regulation). Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions,deletions,and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. However, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized,by one or more of the following ways: Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3);or Engineer's written interpretation or clarification. Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 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 Reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment,or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. Electronic Data C. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies(also known as hard copies).Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. D. 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. E. 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. CITY OF BREMERTON 00700-10 STANDARD GENERALCONDITIONS ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS;REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish, as indicated in the Contract Documents,the Site upon which the Work is to be performed, rights-of-way or easements for access thereto, and such other lands which are designated for the use of the Contractor. Nothing contained in the Contract Documents shall be interpreted as giving the Contractor exclusive occupancy of the lands or right-of—way provided. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. B. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Subsurface and Physical Conditions A. The Supplementary Conditions Identify: Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 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: 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 Other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings;or Any Contractor interpretation of or conclusion drawn from any"technical data"or any such other data, interpretations, opinions,or information. Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 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 Is of such a nature as to require a change in the Contract Documents; or CITY OF BREMERTON 00700-11 STANDARD GENERALCONDITIONS Differs materially from that shown or indicated in the Contract Documents; the Contractor shall,promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith(except in an emergency as required by Paragraph 6.16.A), notify Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith(except as aforesaid)until receipt of written order to do so. B. Engineer's Review:After receipt of written notice as required by Paragraph 4.03.A,Engineer will promptly review the pertinent condition, determine the necessity of obtaining additional exploration or tests with respect thereto,and provide a determination in writing to the Contractor. Possible Price and Times Adjustment— If the Owner concludes that a change in the Contract Documents is required by the newly discovered condition, the Owner will respond to the Contractor's notification by issuing a Work Change Directive,Change Order or Amendment, as required by paragraph 3.04A. If the Owner concludes that a change in the Contract Documents is NOT required,the Owner will respond to the Contractor's written notification by issuing written Clarification as required by paragraph 3.04A.2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract;or b. The existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent,if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05.However,neither Owner or Engineer,or any of their officers,directors,members,partners,employees,agents,consultants,or subcontractors shall be liable to Contractor for any claims,costs,losses,or damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. Underground Facilities C. 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: Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and CITY OF BREMERTON 00700-12 STANDARD GENERALCONDITIONS The cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. Reviewing and checking all such information and data; b. Locating all Underground Facilities shown or indicated in the Contract Documents; c. Coordination of the Work with the owners of such Underground Facilities, including Owner,during construction;and d. The safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. 3. The Contractor shall notify the Washington State One Number Locator Service, Phone No. 1-800-424-5555, at least two (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. D. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any,to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent,if any,of any such adjustment in Contract Price or Contract Times,Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05.However,Owner,Engineer,and Design Engineer, shall not be liable to Contractor for any claims,costs,losses,or damages incurred or sustained by Contractor on or in connection with any other project or anticipated project. Reference Points E. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor CITY OF BREMERTON 00700-13 STANDARD GENERALCONDITIONS shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. Hazardous Environmental Condition at Site F. 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. G. 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: 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 Other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings;or Any Contractor interpretation of or conclusion drawn from any"technical data"or any such other data, interpretations, opinions,or information. H. 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. 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. J. 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 CITY OF BREMERTON 00700-14 STANDARD GENERALCONDITIONS 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. K. 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. L. 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. M. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5—BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one(1)year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.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.B and 5.02. CITY OF BREMERTON 00700-15 STANDARD GENERALCONDITIONS Licensed Sureties and Insurers D. 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. Certificates of Insurance A. Contractor shall deliver to Owner,with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. C. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. D. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. Contractor's Insurance A. The Contractor shall purchase and maintain the insurance required under this paragraph. Such insurance shall include the specific coverage's set out herein and be written for not less than the limits of liability and coverage's provided in paragraph 5.04C, or required by Laws or Regulations, whichever are greater. All insurance shall be maintained continuously during the life of the Agreement up to the date of Final Completion and Acceptance, and at all times thereafter when the Contractor may be correcting, removing, or replacing Defective Work in accordance with Paragraph 13.06. The Contractor's liabilities under this Agreement shall not be deemed limited in any way to the insurance coverage required. B. All insurance required by the Contract Documents to be purchased and maintained by the Contractor shall be obtained from insurance companies that are duly licensed or authorized to issue insurance policies for the limits and coverages so required by the City of Bremerton Insurance companies shall have a current Best's Rating of at least"A"(Excellent)general policy holder's rating and a Class VII financial size category and shall also meet such additional requirements and qualifications as may be provided in these General Conditions. C. The Contractor shall furnish the Owner, with copies to each additional insured who is indicated in these General Conditions, with certificates and original endorsements showing the type, amount,class of operations covered,effective dates and dates of expiration of policies.All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled,reduced in coverage, or renewal refused until at least 30 days' prior written notice has been given to the Owner and additional insures by certified mail. All such insurance required herein (except for worker's compensation and employer's liability) shall name the Owner, the CITY OF BREMERTON 00700-16 STANDARD GENERALCONDITIONS Engineer, and their consultants and subconsultants and their officer's, director's agents, and employees as"additional insured"under the policies. The Contractor shall purchase and maintain the following insurance: Workers' Compensation and Employer's Liability: This insurance shall protect the Contractor against all claims under applicable workers' compensation laws or federal acts, including claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. This insurance shall include an "all states" endorsement. In the event of a "monopolistic" state, Contractor shall certify all employees are covered by the state fund or shall provide a separate policy providing"all states"benefits. Employer's liability "stop gap" coverage for monopolistic states shall be provided under either a worker's compensation policy or general liability policy. The Contractor shall require each subcontractor similarly to provide workers'compensation insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's workers'compensation insurance.In case any class of employees is not protected under the workers'compensation laws,the Contractor shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of its employees as are not otherwise protected. The Contractor and each Subcontractor shall provide a waiver of subrogation in favor of the Owner and Engineer. 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. 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. 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. Builder's Risk: See Supplementary Conditions for Builders Risk requirements 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 coverages shall include commercial general, comprehensive automobile, and employer's liability and shall provide coverage at least as broad as the underlying policies. CITY OF BREMERTON 00700-17 STANDARD GENERALCONDITIONS 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. 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 contractors, owners, and contractors protective, explosion,collapse,underground hazard,broad form contractual, personal injury with employment exclusion deleted, and broad form property damage. c. Comprehensive Automobile Liability(including owned,hired, and non-owned Vehicles): 1. Bodily Injury: $2,000,000 Each Claimant 2. Property Damage: $2,000,000 Each Occurrence D. Contractor agrees to waive all rights of subrogation against the Owner, the Engineer, and Consultants, employees, officers and directors, for WORK performed under Contract. Endorsements shall be provided with certificates of insurance. E. All policies shall also specify that the insurance provided by the Contractor will be considered primary and not contributory to any other insurance available to the Owner or the Engineer. F. All policies except Workers' Compensation and Builders Risk shall name the Owner,Engineer, their consultants,subconsultants,and their officers,directors,agents and employees as additional insured's.The Builders Risk insurance shall name the Contractor,Owner,and Engineer as named insured's. G. The Contractor shall provide the Owner and all additional insureds with written notice of any policy cancellation within five(5)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 (5) business days' notice to the Contractor to correct the breach, immediately terminate the CITY OF BREMERTON 00700-18 STANDARD GENERALCONDITIONS contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to the Owner on demand,or at the sole discretion of the Owner, offset against funds due the Contractor from the owner. H. All costs for insurance, including but not limited to premiums, deductible payments, or self- insured retention shall be incidental to and included in the unit or lump sum prices of the contract and no additional payment will be made ARTICLE 6—CON TRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means,methods,techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 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, seven(7) days a week. Failure to observe this requirement may result in a suspension of the Work by the Owner until such time as the designated superintendent is again present,full-time,at the Site. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto,and except as otherwise stated in the Contract Documents,all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent(which will not be unreasonably withheld) given after prior written notice to Engineer. The Contractor shall apply for this consent through the Engineer in writing a minimum of three (3)working days before the holiday or overtime work is to be scheduled. C. Except as otherwise provided in this Paragraph, the Contractor shall receive no additional compensation for overtime work, i.e.,work in excess of eight(8)hours in any one calendar day or 40 hours in any one(1)calendar week.Additional compensation will be paid to the Contractor for overtime work only in the event extra work is ordered by the Engineer and the Change Order specifically authorizes the use of overtime work. D. All increased costs of inspection and testing performed during overtime work by the Contractor which is allowed solely for the convenience of the Contractor shall be borne by the Contractor. The Owner has the authority to deduct the cost of all such inspection and testing from any partial payments otherwise due to the Contractor. CITY OF BREMERTON 00700-19 STANDARD GENERALCONDITIONS 6.03 Services,Materials, and Equipment A. Unless otherwise specified in the Contract Documents,Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery,tools, appliances, fuel,power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance,testing, startup, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or,if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and 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. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12.Adjustments in Contract Times may only be made by a Change Order. 6.05 Proposed Substitutions or"Or-Equal"Item A. Whenever materials or equipment are identified on the "List of Proposed Substitutes" form located in the Bid Forms by using the name of a proprietary item or the name of a particular manufacturer, the naming of the item is intended to establish the type, function, and quality required. The materials or equipment of other manufacturers may be accepted if sufficient information is submitted by the Contractor to allow the Owner/Engineer to determine that the material or equipment proposed is equivalent or equal to that named, subject to the following requirements: 1. The Contractor shall fill out the bid form in Section 00300 titled"List of Proposed Substitutes",indicating the manufacturer/model of the proposed substitute.Wherever a proposed substitution item has not been indicated on this form by the Contractor,the Contractor shall provide one of the material or equipment products named in the Contract Documents and identified on the"List of Proposed Substitutes" form. 2. The burden of proof as to the type, function,and quality of any such substitution product, material or equipment shall be upon the Contractor. CITY OF BREMERTON 00700-20 STANDARD GENERALCONDITIONS 3. The Engineer will be the sole judge as to the type,function,and quality of any such substitution and the Engineer's decision shall be final. 4. The Engineer may require the Contractor to furnish additional data about the proposed substitution. 5. The Owner may require the Contractor to furnish a special performance guarantee or other surety with respect to any substitution. 6. Acceptance by the Engineer of a substitution item proposed by the Contractor shall not relieve the Contractor of the responsibility for full compliance with the Contract Documents and for adequacy of the substitution. 7. The Contractor shall pay all costs of implementing accepted substitutions, including redesign and changes to WORK necessary to accommodate the substitution. B. The procedure for review by the Engineer will include the following: 1. Submit materials in accordance with this section and the General Requirements. 2. The Engineer will evaluate each proposed substitution within a reasonable period of time. 3. The 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. 2. Whether acceptance of the substitution for use in the WORK will require a change in any of the Contract Documents to adapt the design to the proposed substitution. 3. Whether incorporation or use of the substitution in connection with the WORK is subject to payment of any license fee or royalty. 4. Whether all variations of the proposed substitution from the items originally specified are identified. 5. Whether available maintenance,repair, and replacement service are indicated. The manufacturer shall have a local service agency(within 50 miles of the site)which maintains properly trained personnel and adequate spare parts and is able to respond and complete repairs within 24 hours. 6. Whether an itemized estimate is included of all costs that will result directly or indirectly from acceptance of such substitution, including cost of redesign and claims of other contractors affected by the resulting change. 7. Whether the proposed substitute item meets or exceeds the experience and/or equivalency requirements listed in the appropriate technical specifications. CITY OF BREMERTON 00700-21 STANDARD GENERALCONDITIONS D. Without any increase in cost to the Owner,the Contractor shall be responsible for and pay all costs in connection with proposed substitutions and of inspections and testing of equipment or materials submitted for review prior to the Contractor's purchase thereof for incorporation in the WORK, whether or not the Engineer accepts the proposed substitution or proposed equipment or material. E. Submittal requirements for 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. 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/she shall advise the Engineer in writing and submit sufficient additional information as may be requested by the Engineer. No evaluation will take place until such time as the Contractor has agreed to the estimate in writing and has authorized the Engineer to deduct the cost of the evaluation from monthly progress payments due the Contractor. G. Whenever materials or equipment are identified in the Contract Documents but are not listed on the"List of Proposed Substitutes"form by using the name of a proprietary item or the name of a particular manufacturer, the naming of the item is intended to establish the type, function, and CITY OF BREMERTON 00700-22 STANDARD GENERALCONDITIONS quality required. If the name is followed by the words "or equal" indicating that a substitution is permitted, materials or equipment of other manufacturers may be accepted if sufficient information is submitted by the Contractor to allow the Engineer to determine that the material or equipment proposed is equivalent or equal to that named as part of the standard submittal process. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity(including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor,Supplier,or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection.The Contractor shall perform not less than 30 percent of the WORK with its own forces(i.e., without subcontracting). The 30 percent requirements shall apply to the Contract Price less the values of Owner-assigned contracts and allowance in the Bid for pre-negotiated Work. B. If the Supplementary Conditions require the identity of certain Subcontractors,Suppliers,or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement,and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance(either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor,Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor,Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement,and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 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 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. CITY OF BREMERTON 00700-23 STANDARD GENERALCONDITIONS F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees(and the officers, directors,members,partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by,arising out of,relating to,or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product,or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others,the existence of such rights shall be disclosed by Owner in the Contract Documents. B. Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims,costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. The Contractor shall obtain and pay for all construction permits and licenses from the agencies having jurisdiction,including the furnishing of insurance and bonds if required by such agencies, EXCEPT those listed in Paragraph 6.08B,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 applicable at the time of opening of Bids. B. The Owner will make application for and pay all fees for the City of Bremerton building permit(s) including structural,mechanical,plumbing, and fire protection. The Contractor shall be required to obtain the permit at City offices. C. The Contractor shall be responsible for obtaining and paying for any and all remaining permits, licenses,and approvals which are necessary and incidental to his/her operation in performance of CITY OF BREMERTON 00700-24 STANDARD GENERALCONDITIONS the WORK, and for giving notices required by such permits and licenses. A copy of each permit and license shall be furnished to the Engineer upon request. The Contractor shall comply with any and all requirements contained in all permits, licenses, and approvals which pertain to the WORK or any portion thereof as if the same were stated herein. D. The Contractor shall be responsible for complying with the requirements of all permits related to the WORK, including such permits, licenses, and regulatory approvals obtained by the Owner for the work. Owner-obtained permits and regulatory approvals, if any, are appended to the Contract Documents. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations,neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not knowable at the time of opening of Bids(or,on the Effective Date of the Agreement if there were no Bids)having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner 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. 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 Other Areas: CITY OF BREMERTON 00700-25 STANDARD GENERALCONDITIONS 1. The Contractor shall confine construction equipment,the storage of materials and equipment, and the operations of workers to the Site,the land and areas identified in and permitted by the Contract Documents, and the other land and areas permitted by Laws and Regulations,rights-of-way, permits, and easements. The Contractor shall assume full liability and responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto,resulting from the performance of the Work. 2. Should any claim be made against the Owner or the Engineer by any such owner or occupant because of the performance of the Work,the Contractor shall promptly settle with such other party by negotiation, agreement or otherwise resolve the claim by arbitration or at law, at the Contractor's sole liability and expense. 3. The Contractor's indemnification obligations for all claims and liability, arising directly, indirectly, or consequentially out of any action, legal or equitable, brought by any such owner or occupant against the Owner,the Engineer,their consultants, subconsultants, and the officers, directors, employees and agents of each and any of them to the extent caused by or based upon the Contractor's performance of the WORK shall be in accordance with Paragraph 6.20 of the Supplementary Conditions. B. Removal of Debris During Performance of the Work:During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials,rubbish,and other debris. Removal and disposal of such waste materials,rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner.At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures:Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure,nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. The Contractor's pay requests shall not be considered payable unless the field record drawings are current as required by the contract documents. 6.13 Safety and Protection A. Contractor shall be solely responsible for compliance with all applicable laws and requirements pertaining to initiating, maintaining, and supervising all safety precautions and programs at the site. Such responsibility does not relieve Subcontractors of their responsibility for the safety of CITY OF BREMERTON 00700-26 STANDARD GENERALCONDITIONS persons or property in the performance of their work,nor for compliance with applicable safety Laws and Regulations. Contractor shall develop and implement a written safety program for the project and shall provide the necessary protection to prevent damage, injury or loss: The site-specific safety plan must be kept on-site and address the safety and health hazards of each phase of site operations, including employee procedures and requirements. All persons on the Site or who may be affected by the Work including the Site Safety and Health Supervisor; All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site;and Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation,or replacement in the course of construction Emergency response plan meeting requirements WAC 296-843-15005 B. Contractor shall conform to OSHA&WISHA and all other applicable federal, state,county and local laws, ordinances,codes and regulations relating to the safety of persons or property, or to the protection of persons or property Where any of these are in conflict, the more stringent requirement shall be followed. Contractor's failure to thoroughly familiarize himself/herself with the aforementioned safety provisions shall not relieve him/her from compliance with obligations and penalties set forth therein. C. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. D. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly,in whole or in part,by Contractor,any Subcontractor,Supplier,or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. The City Reserves the right to replace damaged items at the Contractor's expense if the City determines that time is of the essence. E. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall appoint a qualified and experienced Site Safety and Health Supervisor at the site whose duties and responsibilities shall include, enforcing State of Washington—WISHA/OSHA regulations regarding excavations, preventing accidents, and maintaining and supervising construction site health and safety precautions and programs. CITY OF BREMERTON 00700-27 STANDARD GENERALCONDITIONS The City's Representative shall NOT provide for general site health and safety monitoring. B. Should the City Representative or any authorized representative of a regulatory agency report a violation of the safety and health regulations to the Site Safety and Health Supervisor, The City Project Manager shall be notified immediately. The Contractor shall take immediate and decisive corrective action. If the contractor fails or refuses to promptly accede to the compliance directive,the Engineer,or his designee,may issue an order to suspend all or part of the work.Failure of the Engineer,or his designee,to order discontinuance of any or all of the Contractor's operations shall not relieve the Contractor of responsibility for safety. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Submittals A. Contractor shall submit Shop Drawings and Samples to Engineer for review in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. B. 1. Shop Drawings: a. Submit number of copies specified in the General Conditions. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services,materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers,the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. CITY OF BREMERTON 00700-28 STANDARD GENERALCONDITIONS C. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals,any related Work performed prior to Engineer's review of the pertinent submittal will be at the sole expense and responsibility of Contractor. D. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. Reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. Determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. Determined and verified the suitability of all materials offered with respect to the indicated application,fabrication, shipping,handling, storage,assembly,and installation pertaining to the performance of the Work; and d. Determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 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. E. 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 CITY OF BREMERTON 00700-29 STANDARD GENERALCONDITIONS 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. F. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required,new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. Abuse,modification,or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. Normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. Observations by Engineer, or Resident Project Representative 2. Recommendation by Engineer or payment by Owner of any progress or final payment; 3. The issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. Use or occupancy of the Work or any part thereof by Owner; 5. Any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. Any inspection,test, or approval by others;or 7. Any correction of defective Work by Owner. CITY OF BREMERTON 00700-30 STANDARD GENERALCONDITIONS 8. Owner's routine operation and maintenance after Substantial Completion is attained. 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: 1. Liability or claims resulting directly or indirectly from the negligence or carelessness of the Contractor, its employees, or agents in the performance of the Work, or in guarding or maintaining the same, or from any improper materials, implements, or appliances used in its construction, or by or on account of any act or omission of the Contractor, its employees, or agents; 2. Liability or claims arising directly or indirectly from bodily injury, occupational sickness or disease, or death of the Contractor's,Subcontractor's, or Supplier's own employees, or agents engaged in the Work resulting in actions brought by or on behalf of such employees against the Owner and/or the Engineer; 3. Liability or claims arising directly or indirectly from or based on the violation of any Laws or Regulations, whether by the Contractor, its employees, or agents; 4. Liability or claims arising directly or indirectly from the use or manufacture by the Contractor, its employees, or agents in the performance of this Agreement of any copyrighted or uncopyrighted composition, secret process,patented or unpatented invention, article, or appliance,unless otherwise specifically stipulated in this Agreement; 5. Liability or claims arising directly or indirectly from the breach of any warranties, whether express or implied,made to the Owner and/or Engineer or any other parties by the Contractor, its employees, or agents; 6. Liability or claims arising directly or indirectly from the willful misconduct of the Contractor, its employees, or agents; 7. Liability or claims arising directly or indirectly from any breach of the obligations assumed in this Agreement by the Contractor; 8. Liability or claims arising directly or indirectly from,relating to, or resulting from a hazardous condition created by the Contractor, Subcontractors,Suppliers, or any of their employees or agents, and; 9. Liability or claims arising directly, or indirectly, or consequentially out of any action, legal or equitable, brought against the Owner,the Engineer,their consultants, subconsultants, and the officers, directors, employees and agents of each or any of them, to the extent caused by the Contractor's use of any premises acquired by permits,rights of way, or easements,the Site, or any land or areas contiguous thereto or its performance of the Work thereon. CITY OF BREMERTON 00700-31 STANDARD GENERALCONDITIONS B. The Contractor shall reimburse the Owner and the Engineer for all costs and expenses, (including but not limited to fees and charges of engineers, architects, attorneys, and other professionals and court costs including all costs of appeals) incurred by said Owner and Engineer in enforcing the provisions of this Paragraph 6.20. C. The indemnification obligation under this Paragraph 6.20 shall not be limited in any way by any limitation on the amount or type of insurance carried by Contractor or by the amount or type of damages, compensation, or benefits payable by or for the Contractor or any Subcontractor or other person or organization under workers' compensation acts, disability benefit acts, or other employee benefit acts. D. The Contractor and Owner acknowledge and agree that the Contractor's immunity under industrial insurance, Title 51 RCW, is expressly waived by this Contract, and that all of the provisions of this Paragraph 6.20, including said waiver of immunity were mutually negotiated by them in accordance with the requirements of RCW 4.24.115. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents,Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings,calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services,certifications or approvals performed by such design professionals,provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21,Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review of Shop Drawings and other submittals(except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7—OTHER WORK AT THE SITE Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such CITY OF BREMERTON 00700-32 STANDARD GENERALCONDITIONS other work is not noted in the Contract Documents,then: Written notice thereof will be given to Contractor prior to starting any such other work; and If Owner and Contractor are unable to agree on entitlement to or on the amount or extent,if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner,and Owner, if Owner is performing other work with Owner's employees,proper and safe access to the Site,provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. D. Additional requirements for coordination between the Contractor, other contractors and the Owner's forces are set forth in Division 1—General Requirements. Coordination E. If Owner intends to contract with others for the performance of other work on the Project at the Site,the following will be set forth in Supplementary Conditions: The individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; The specific matters to be covered by such authority and responsibility will be itemized;and The extent of such authority and responsibilities will be provided. F. Unless otherwise provided in the Supplementary Conditions,Owner shall have sole authority and responsibility for such coordination. G. The Contractor shall coordinate its Work with that of the Owner's forces and others as required in Division 1 —General Requirements. Legal Relationships H. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. CITY OF BREMERTON 00700-33 STANDARD GENERALCONDITIONS I. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. J. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8—OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. Replacement of Engineer A. In case of Replacement of Engineer, Owner shall appoint an engineer whose status under the Contract Documents shall be that of the former Engineer. Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 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. Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining insurance are set forth in Article 5. Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. CITY OF BREMERTON 00700-34 STANDARD GENERALCONDITIONS 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. Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.C. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 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. 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. 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 CITY OF BREMERTON 00700-35 STANDARD GENERALCONDITIONS 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. Authorized Variations in Work A. The Engineer may authorize variations in the Work from the requirements of the Contract Documents. These may be accomplished by a Work Change Directive and will require the Contractor to perform the Work involved in a manner that minimizes the impact to the Work and the Contract Times. If the Contractor believes that a Work Change Directive justifies an increase in the Contract Price or an extension of the Contract Times, the Contractor shall promptly notify the Engineer as required in the relevant Sections of Division 1 — General Requirements. Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated,installed, or completed. Submittals, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof,as to Submittals, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services,if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding(except as modified by Engineer to reflect changed factual conditions or more accurate data)upon Owner and Contractor, subject to the provisions of Paragraph 10.05. Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to CITY OF BREMERTON 00700-36 STANDARD GENERALCONDITIONS 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 fmal and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. C. Engineer's review of the fmal Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections,tests,and approvals that the results certified indicate compliance with,the Contract Documents. D. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants,if any. ARTICLE 10—CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive.Upon receipt of any such document,Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents(except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to,or on the amount or extent,if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive,a Claim may be made therefor as provided in Paragraph 10.05. C. If the Owner and Contractor agree as to the extent, if any, of an increase or decrease in the Contract Price, or an extension or shortening of the Contract Times that should be allowed as a result of a Work Change Directive,the Contractor shall proceed so as to minimize the impact on and delays to the Work pending the issuance of a Change Order. CITY OF BREMERTON 00700-37 STANDARD GENERALCONDITIONS D. In the event a part of the Work is to be entirely eliminated and no lump sum or unit price is named in the Contract Documents to cover such eliminated work,the price of the eliminated work shall be agreed upon by the Owner and the Contractor by Change Order. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: Changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or(iii)agreed to by the parties; Changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and Changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents(including,but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the Contractor or Owner to the other promptly(but no later than 14 days) after the start of the event giving rise thereto. Notice of the specific amount or extent of the Claim,dispute, or other matter with supporting data shall be delivered to the Engineer within 21 days after the start of such event(unless Engineer allows additional time for claimant to submit additional or CITY OF BREMERTON 00700-38 STANDARD GENERALCONDITIONS more accurate data in support of such Claim,dispute,or other matter).A claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.A claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.Each Claim shall be accompanied by Contractor's or Owner's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event and covers all amounts (whether direct, indirect or consequential). The recipient of the claim shall submit its response to the claimant within 30 days after receipt of the claimant's last submittal(unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: Deny the Claim in whole or in part; Approve the Claim;or Notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.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 in accordance with this Paragraph 10.05. ARTICLE 11 —COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B,necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim.Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project,shall not include any of the costs itemized in Paragraph 11.01.B,and shall include only the following items: Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include,but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation,health and retirement benefits,bonuses, sick leave, vacation and holiday pay CITY OF BREMERTON 00700-39 STANDARD GENERALCONDITIONS 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. 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. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner,who will then determine,with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 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. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers,which are consumed in the performance of the Work,and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer,and the costs of transportation,loading,unloading, assembly,dismantling,and removal thereof.All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment,machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), CITY OF BREMERTON 00700-40 STANDARD GENERALCONDITIONS provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor,or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable.Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls,telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 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. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 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. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.O1.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.O1.C. D. Documentation:Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.O1.A and 11.O1.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. CITY OF BREMERTON 00700-41 STANDARD GENERALCONDITIONS 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: Contractor agrees that: a. The cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site,and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site,labor,installation,overhead, profit,and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency or force account allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment,an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: The total cost of a particular item of Unit Price Work amounts to 5% or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the Agreement; and 2. There is no corresponding adjustment with respect to any other item of Work; and CITY OF BREMERTON 00700-42 STANDARD GENERALCONDITIONS 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. E. In the event a part of the Work is to be entirely eliminated and no lump sum or unit price is named in the Contract Documents to cover such eliminated work,the price of the eliminated work shall be agreed upon by the Owner and the Contractor by Change Order. ARTICLE 12—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price constitutes the total compensation payable to the Contractor for performing the Work.All duties,responsibilities,and obligations assigned to or undertaken by the Contractor to complete the Work shall be at its expense without change in the Contract Price.All claims for an increase in the Contract Price shall be based only upon written notice delivered as required by Paragraph 10.05 herein. The Contractor's notice of claim shall include the nature,justification for and amount of the claim, and such supporting data as the Engineer may require to evaluate the claim. The Contractor and Owner hereby agree that any claim for adjustment of the Contract Price shall be evaluated by the Engineer, and that the Engineer's determination shall be final and conclusive. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: Where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved(subject to the provisions of Paragraph 11.03); or 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 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: A mutually acceptable fixed fee;or 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. CITY OF BREMERTON 00700-43 STANDARD GENERALCONDITIONS b. For extra work negotiated at a lump sum price, each tier of Subcontractor fees may be marked up no more than 7%. c. No fee shall be payable on the basis of costs itemized under Paragraph 11.O1.B; d. The amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and e. When both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.d, inclusive. D. Cost of Extra Work: The term"cost of extra work" shall mean the sum of all costs necessarily incurred and paid by the Contractor for labor, materials, equipment and special services in the proper performance of extra work as approved by the Engineer. Except as otherwise may be agreed to in writing by the Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.O1.B. 1. Labor: The costs of labor will be the actual cost for wages prevailing for each craft or type of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from federal, state or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. Labor costs for equipment operators and helpers will be paid only when such costs are not included in the invoice for equipment rental. The labor costs for foreman shall be proportioned to all of their assigned work and only that applicable to extra work shall be paid. Indirect labor costs including superintendence shall be considered part of the markup set out herein. 2. Materials: The cost of materials reported shall be at invoice or lowest current price at which materials are locally available and delivered to the Work in the quantifies involved,plus the cost of freight,delivery and storage, subject to the following: a. All trade discounts and rebates shall accrue to the Owner, and the Contractor shall make provisions so that they may be obtained; and b. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by the Engineer.Except for actual costs incurred in handling of such materials,markup will not be allowed;and c. Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on extra work items or the current wholesale price for such materials delivered to the Site, whichever price is lower;and e. 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 CITY OF BREMERTON 00700-44 STANDARD GENERALCONDITIONS extra work and no claim will be allowed by the Contractor for costs and profit on such materials. 3. Equipment: The amount of payment for any Contractor-owned equipment that is utilized shall be determined according to the version of the AGC/WSDOT Equipment Rental Agreement which is in effect at the time the force account is authorized. The rates listed in the Rental Rate Blue Book (as modified by the current AGC/WSDOT Equipment Rental Agreement) shall be full compensation for all fuel, oil, lubrication, ordinary repairs, maintenance,and all other costs incidental to furnishing and operating the equipment except labor operation. If it is deemed necessary by the Contractor to use equipment not listed in the specified Reference Publication,an equitable rental rate for the equipment will be established by the Engineer. The Contractor may furnish cost data, which might assist the Engineer in the establishment of the rental rate. Payment for equipment shall be subject to all of the following: a. All equipment shall, in the opinion of the Engineer, be in good working condition and suitable for the purpose for which the equipment is to be used; b. Before construction equipment is used on the extra work, the Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the Engineer, in duplicate, a description of the equipment and its identifying number; c. Unless otherwise specified, manufacturer's ratings and manufacturer-approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer; d. Individual pieces of equipment or tools having a replacement value of $500 or less, whether or not consumed by use, will be considered to be small tools and no payment will be made therefor; 4. Rental Equipment: The rental time to be paid for rental equipment used in the extra Work will be calculated based on the time the equipment is actually in productive operation on the extra work being performed and, additionally, shall include the time required to move the equipment to the location of the extra work and return it to the original location or to another location requiring no more time than that required to return it to its original location; except, that moving time will not be paid if the equipment is used on work other than the extra work, even though it is located at the site of the extra work. Loading and transporting costs will be allowed in lieu of moving time only when the equipment is moved by means other than its own power,except that no payment will be made for loading and transporting costs when the equipment is used at the site of the extra work on work other than the extra work.Rental time will not be allowed while equipment is inoperative due to breakdowns or is otherwise not available for immediate use. The rental time of equipment on the site will be computed subject to the following: 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 00700-45 STANDARD GENERALCONDITIONS 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. Change of Contract Times A. All Contract Times (or Milestones) stated in the Contract Documents are of the essence of the Agreement. The Contract Times (or Milestones) may only be changed by Change Order. Any claim for an extension of the Contract Times shall be based only upon written notice delivered as required in Paragraph 10.05 herein. The Contractor's written notice of such claim shall include the extent,justification for and nature of the claim,and such supporting data as the Engineer may require to evaluate the claim. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. With respect to claims for adjustment in the Contract Times,the Contractor and Owner hereby acknowledge and agree that: a. Any claim for adjustment of the Contract Times(or Milestones) shall be evaluated by the Engineer, whose evaluation shall be final and conclusive, and; b. An approved increase in Contract Times shall not cause an increase in Contract Price unless the reason for increasing the Contract Times is extra work otherwise evaluated by the Engineer as compensable work. Only compensable work,whether in connection with an approved increase in the Contract Times or not, shall result in an increase in the Contract Price. 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, 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. CITY OF BREMERTON 00700-46 STANDARD GENERALCONDITIONS D. Owner,Engineer,and their officers,directors,members,partners,employees,agents,consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. F. Adjustments of Contract Times Relating to Weather: Contract Times may be extended by the Engineer because of delays in the completion of the Work due to unusually severe weather, provided that the Contractor shall, within 2 business days of the beginning of any such delay, notify the Engineer in writing of the cause of delay and request an extension of Contract Times. The Engineer will ascertain the facts and the extent of the delay and extend the Contract Times when, in its judgment, the findings of the fact justify such an extension. The Contractor shall include 10 days of inclement weather delays in the progress schedule submitted to the Engineer for approval, for purposes of planning and scheduling only. G. Adjustments of Contract Price Relating to weather: The Contractor shall have no claims against the Owner for damages for any injury to work,materials,or equipment,or for project or overhead costs of any kind, resulting from the action of the elements. If however, in the opinion of the Engineer,the Contractor has made all reasonable efforts to protect the materials, equipment,and work, the Contractor may be granted a reasonable extension of Contract Times to make proper repairs,renewals,and replacements of the work,materials, or equipment. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Access to Work B. 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. 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: CITY OF BREMERTON 00700-47 STANDARD GENERALCONDITIONS For inspections,tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; 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 As otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work(or part thereof) specifically to be inspected,tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials,mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. G. The Engineer will make, or have made, such inspections and tests as the Engineer deems necessary to see that the Work is being accomplished in accordance with the requirements of the Contract Documents. Unless otherwise specified in Paragraph 13.03.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. Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer,be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question,furnishing all necessary labor,material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims,costs, losses, and damages(including but not limited to all fees and charges of engineers,architects,attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out CITY OF BREMERTON 00700-48 STANDARD GENERALCONDITIONS of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective,Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 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. Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects,attorneys,and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any,on said Work. 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: Repair such defective land or areas; or Correct such defective Work;or If the defective Work has been rejected by Owner,remove it from the Project and replace it with Work that is not defective, and CITY OF BREMERTON 00700-49 STANDARD GENERALCONDITIONS 4. Satisfactorily correct or repair or remove and replace any damage to other Work,to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims,costs, losses,and damages(including but not limited to all fees and charges of engineers, architects,attorneys,and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07,the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of,the provisions of any applicable statute of limitation or repose. 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 fmal payment,Engineer)prefers to accept it,Owner may do so. Contractor shall pay all claims,costs,losses,and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of fmal payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price,reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation,an appropriate amount will be paid by Contractor to Owner. In no case shall the acceptance of defective work waive any rights the Owner may have. Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. CITY OF BREMERTON 00700-50 STANDARD GENERALCONDITIONS B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site,and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors,and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor,and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction,removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14—PAYMENTS TO CON TRACTOR AND COMPLETION 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. Progress Payments B. Applications for Payments: At least 20 days before the date established in the Agreement for each progress payment(but not more often than once a month),Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing,the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein,all of which must be satisfactory to Owner. Payment for Equipment not installed but stored on site with a value greater than$10,000, will be paid at 50% of the invoice value. 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 CITY OF BREMERTON 00700-51 STANDARD GENERALCONDITIONS 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. b. Monies reserved under provisions of Chapter 60.28 RCW shall, at the option of the Contractor,be: (1) Retained in a fund by the Owner with no interest paid thereon to the Contractor and not subject to withdrawal until after final acceptance of all Work, or a portion thereof as maybe approved by the Owner: or (2) Deposited by the Owner in an interest-bearing account in a bank, mutual savings bank, or savings and loan associations, not subject to withdrawal until after final acceptance of all Work, or a portion thereof,as may be approved by the Owner; or (3) Placed in escrow in a bank or trust company by the Owner until thirty days following final acceptance of the work as completed, or a portion thereof. When the monies reserved are to be placed in escrow, the Owner will issue a check representing the sum of the monies reserved payable to the bank or trust company and the Contractor jointly. Such check shall be converted into bonds and securities chosen by the Contractor and approved by the Owner,and the bonds and securities held in escrow. (4) A bond submitted by the Contractor for all or any portion of the retainage in a form acceptable to the Owner and from a surety meeting standards set by the Owner. The Owner will accept the bond unless the Owner determines that there 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. CITY OF BREMERTON 00700-52 STANDARD GENERALCONDITIONS (6) The Contractor shall designate the option desired in writing to the Owner not later than with the Contractor's first Application for Payment. The Contractor, in choosing option 2 or 3, agrees to assume full responsibility to pay all costs which may accrue from escrow services, brokerage charges, or both, and further agrees to assume all risks in connection with the investment of the retained monies. 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 Owner,or return the application to the Contractor indicating in writing the Engineer's reasons for refusing to recommend payment. In the latter case, the Contractor may make the necessary corrections and resubmit the application. If the Engineer still disagrees with a portion of the application, it will submit the application recommending the undisputed portion of the application to the Owner for payment and provide reasons for recommending non-payment of the disputed amount. Thirty days after presentation of the Application for Payment with the Engineer's recommendation,the amount recommended will(subject to the provisions of Paragraph 14.02B.2) become due and when due will be paid by the Owner to the Contractor. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules,that to the best of Engineer's knowledge, information and belief: a. The Work has progressed to the point indicated; b. The quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents,a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07,and any other qualifications stated in the recommendation);and c. The conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. By recommending any such payment Engineer will not thereby be deemed to have represented that: d. 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 e. 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. 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: CITY OF BREMERTON 00700-53 STANDARD GENERALCONDITIONS f. To supervise, direct,or control the Work,or g. For the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or h. For Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or i. To make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price,or j. To determine that title to any of the Work,materials,or equipment has passed to Owner free and clear of any Liens. 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: k. The Work is defective,or completed Work has been damaged,requiring correction or replacement; 1. The Contract Price has been reduced by Change Orders; m. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or n. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 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: 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. CITY OF BREMERTON 00700-54 STANDARD GENERALCONDITIONS If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice(with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 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. Contractor's Warranty of Title E. 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. Substantial Completion A. When the Contractor considers the Work ready for its intended use,the Contractor shall notify the Owner and the Engineer in writing that the Work is substantially complete. The Contractor shall attach to this request a list of all work items that the Contractor knows are not complete and a request that the Engineer prepare a Notice of Substantial Completion and a Correction List of items to be completed before final payment. At a mutually-agreed time thereafter,the Owner,the Contractor, and the Engineer shall inspect the Work to determine the status of completion. If the Engineer does not consider the Work substantially complete, or does not consider the list of remaining work items to be comprehensive,the Engineer will notify the Contractor in writing giving the reasons therefor. If the Engineer considers the Work substantially complete, the Engineer will prepare and deliver to the Owner for its execution and recordation the Notice of Substantial Completion signed by the Engineer and Contractor, which shall fix the date of Substantial Completion. The Contractor shall complete all incomplete work and shall complete all items on the Correction List not later than 30 calendar days after the date of Substantial Completion. B. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 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 described in the written notice. CITY OF BREMERTON 00700-55 STANDARD GENERALCONDITIONS C. The Contractor shall retain full responsibility for satisfactory completion of the Work, regardless of whether a portion thereof has been partially utilized by the owner, and the Contractor's one year correction period shall commence only after the date of Substantial Completion for the Work. D. The Owner shall have the right to control, operate, repair, or modify the Work, or take any other suitable action with regard to the Work, during emergencies of any nature whatsoever. E. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. Final Inspection F. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a fmal inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. G. When all incomplete Work has been completed, all Defective Work has been corrected or accepted by the Engineer and Owner, and all of the Contractor's duties and requirements have been satisfactory discharged,the Engineer will prepare and deliver to the Owner for its execution and recordation the Notice of Final Completion and Acceptance of the Work, signed by the Engineer and Contractor, which shall fix the date of Final Completion and Acceptance. Final Payment H. Application for Payment: 1. After the Contractor has, in the opinion of the Engineer, satisfactorily completed all Work and corrected all Defective Work, and has delivered, in accordance with the Contract 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 fmal payment following the procedure established for progress payments. 2. The fmal 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 fmal payment; c. A list of all Claims against Owner that Contractor believes are unsettled;and d. Complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that:(lithe 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 CITY OF BREMERTON 00700-56 STANDARD GENERALCONDITIONS 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. I. Engineer's Review of Application and Acceptance: If, on the basis of Engineer's observation of the Work during construction and fmal 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 fmal 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. D. Release of Retainage and Other Deductions 1. After executing the Notice of Final Completion and Acceptance(Paragraph 14.06), and not more than 60 days thereafter, the Owner will release to the Contractor the retained funds withheld pursuant to the Agreement,less any deductions to cover pending claims against the Owner pursuant to Paragraph 14.02.B,provided the following conditions are met: CITY OF BREMERTON 00700-57 STANDARD GENERALCONDITIONS a. Certificates or releases obtained from the Washington State Department of Labor and Industries, Washington State Employment Security Department, Department of Revenue,and all other departments and agencies having jurisdiction over the activities of the Contractor have been provided to the Owner. b. Affidavits of Wages Paid for the Contractor and each subcontractor approved by Washington State Department of Labor and Industries have been provided to the Owner. c. No claims,as provided by law,have been filed against the retainage. d. The Owner has no claims under this Contract. e. Affidavit of total monies paid(if any)to each Minority Women Business Enterprise subcontractor utilized on the project. f. Executed Acceptance of Compensation and Release of All Claims form submitted to the Engineer. 2. In the event that claims filed are not resolved at the end of the 45 day claim period, the Contractor shall be paid such retainage less amount sufficient to pay all claims or notices, together with a sum determined by the Owner to be sufficient to pay the cost of such action and to cover attorneys fees, and any sums determined by the Owner sufficient to pay its claims against the Contractor. 3. Upon expiration of the 60 day period referred to in Paragraph 14.07.D.1, the amounts withheld pursuant to the provisions of Paragraph 14.02.B and D,for all remaining work items will be paid to the Contractor; provided that said work has been completed or corrected to the satisfaction of the Owner within the 30 day period.Otherwise,the Contractor does hereby waive any and all claims for all monies withheld by the Owner under this Agreement in an amount two times the value of such remaining uncompleted or uncorrected items. Final Completion Delayed J. If, through no fault of Contractor, fmal completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall,upon receipt of Contractor's fmal Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing fmal payment, except that it shall not constitute a waiver of Claims. Waiver of Claims K. The making and acceptance of final payment will constitute: 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 CITY OF BREMERTON 00700-58 STANDARD GENERALCONDITIONS specified therein,or from Contractor's continuing obligations under the Contract Documents; and 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 C. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause,Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times,or both,directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 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); Contractor's disregard of Laws or Regulations of any public body having jurisdiction; Contractor's disregard of the authority of Engineer; or Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 15.02A occur, Owner may, after giving Contractor (and the surety, if any) seven days written notice, terminate the services of the Contractor, exclude the Contractor from the Site, and take possession of the Work and of all of the Contractor's tools,appliances,construction equipment,and machinery at the Site,and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion),incorporate in the Work all materials and equipment stored at the Site or for which the Owner has paid Contractor but which are stored elsewhere,and fmish 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 but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other CITY OF BREMERTON 00700-59 STANDARD GENERALCONDITIONS 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 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. D. Where Contractor's services have been so terminated by Owner,the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. E. 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. Owner May Terminate For Convenience B. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for(without duplication of any items): 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; 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. 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, CITY OF BREMERTON 00700-60 STANDARD GENERALCONDITIONS Fourteen days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16—DISPUTE RESOLUTION 16.01 Methods and Procedures A. Time Limitation and Jurisdiction. The Owner and Contractor hereby mutually agree that, for the convenience of both parties, any claims or causes of action which the Contractor has against the Owner shall be brought within 180 calendar days after the date of final written notification of Substantial Completion. It is further agreed by Owner and Contractor that all such claims or causes of action, if resolution is sought through litigation, shall be brought only in the Superior Court of Kitsap County,Washington. B. Conditions Precedent. Before seeking claim resolution through litigation, the Contractor shall proceed under the administrative procedures required by Paragraphs 9.08 and 10.05. The provisions of these Paragraphs must be complied with in full as conditions precedent to the Contractor's right to seek claim resolution through litigation. C. Attorney fees: In the event of litigation, each party shall pay its own legal fees and costs through the duration of the litigation process. Neither party shall be required to reimburse the other party for legal fees or costs,regardless of the outcome. ARTICLE 17—MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice,it will be deemed to have been validly given if: 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 Delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 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. Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations,by special warranty or guarantee,or by other provisions of the Contract Documents.The provisions of this Paragraph will be as effective CITY OF BREMERTON 00700-61 STANDARD GENERALCONDITIONS as if repeated specifically in the Contract Documents in connection with each particular duty, obligation,right, and remedy to which they apply. Survival of Obligations A. All representations,indemnifications,warranties,and guarantees made in,required by,or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. Controlling Law A. This Contract is to be governed by the laws of the State of Washington. Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 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: Request for Clarification(RFC) Shop Drawing Submittal/Transmittal Work Change Directive Change Order Daily Force Account Report 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. 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 CITY OF BREMERTON 00700-62 STANDARD GENERALCONDITIONS 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. 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. Waiver A. The waiver by the Owner of any breach or violation of any term, covenant or condition of this Agreement or of any provision,ordinance,or law shall not be deemed to be a waiver of any other term,covenant,condition,ordinance,or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent payment of any monies or fee by the Owner which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by Contractor or any term, covenant, condition of this Agreement or of any applicable law or ordinance. ARTICLE 18—WASHINGTON STATE REQUIREMENTS 18.01 Trench Excavation Safety Systems A. As required by RCW 39.04.180, on public works projects in which trench excavation will exceed a depth of four feet, any contract therefor shall require adequate safety systems for the trench excavation that meet the requirements of the Washington Division of Industrial Safety and Health Act, Chapter 49.17 RCW. This requirement shall be included in the cost estimates and bidding forms as a separate item. The costs of trench safety systems shall not be considered as incidental to any other contract item and any attempt to include the trench safety systems as an incidental cost is prohibited. Payment of Prevailing Wages A. In accordance with Revised Code of Washington Chapters 39.12 and 49.28 as amended or supplemented, and any regulations adopted pursuant to these statutes,there shall be paid to all laborers, workmen or mechanics employed on this contract at least the prevailing rate of wage for an hour's work in the same trade or occupation in the area of work regardless of any contractual relationship which may exist, or be alleged to exist, between the Contractor and any laborers, workmen,mechanics or subcontractors. B. The prevailing wage rates to be in force during the duration of this contract are included in Attachment A located at the end of the Supplementary Conditions. However, the Contractor shall be obligated to confirm that the rates are current and conform to the controlling statutes and regulations. Any wage deficiencies shall be at the Contractor's sole risk and expense. The wage rates shall be included as part of any subcontractors the Contractor may enter into for work on this project. C. The "prevailing rate of wage" shall be the rate of hourly wage, usual benefits, and overtime paid in the locality,as hereinafter defined,to the majority of workmen, laborers,or mechanics, in the same trade or occupation. In the event that there is not a majority in the same trade or occupation paid at the same rate, then the average rate of hourly wage and overtime paid to such laborers, workmen or mechanics in the same trade or occupation shall be the prevailing CITY OF BREMERTON 00700-63 STANDARD GENERALCONDITIONS 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. F. The"usual benefits" shall include the amount of: 1. The rate of contribution irrevocably made by the Contractor to a trustee, or to a trustee or to a third person pursuant to a fund,plan, or program; and 2. The rate of costs to the Contractor which may be reasonably anticipated in providing benefits to workmen, laborers, and mechanics pursuant to an enforceable commitment to carry out a fmancially 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 fmal and conclusive and binding on all parties involved in the dispute. I. Prior to commencing work,each contractor and each and every subcontractor shall file a sworn statement of intent with the Owner and with the Department of Labor and Industries as to the prevailing wage rate, including fringe benefits, for each job classification to be utilized. CITY OF BREMERTON 00700-64 STANDARD GENERALCONDITIONS J. Each application for payment submitted by a Contractor for payment on a project estimate shall state that prevailing wages have been paid in accordance with the pre-filed statement or statements of intent on file with the Department of Labor and Industries as approved by the Industrial Statistician. K. At the conclusion of the project, the Contractor and its subcontractors shall submit affidavits of wages paid and request for release to the Department of Labor and Industries for certification by the Director. Release of retainage on the contract shall be withheld until certification by the Director has been received by the Owner that the prevailing wage requirements of the law have been satisfied. 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. Prevention of Environmental Pollution &Preservation of Public Natural Resources A. The following list represents those federal, state and local statutes, ordinances and regulations pertinent to the preservation of public natural resources currently known to the Owner that may affect or are affected by the work. Bidders shall review such materials and related regulations prior to submitting bids. 1. Federal. National Environmental Policy Act of 1969, 42 USGC 4321 et. seq;Executive Order 11514; Clean Water Act,33 USGC 1251 et seq. 2. STA IL. Water Pollution Control Act, Chapter 90.48 RCW;State Environmental Policy Act of 1971, Chapter 43.21 C RCW and WAC Chapter 197-11;Noise Control Act of 1974, Chapter 70.107 RCW;Washington Clean Air Act,Chapter 70.94 RCW and WAC Chapter 173-400;Shoreline Management Act of 1971;Chapter 90.58 RCW. END OF SECTION CITY OF BREMERTON 00700-65 STANDARD GENERALCONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS GENERAL These Supplementary Conditions (SC's) amend or supplement the Standard General Conditions (General Conditions) of the Construction Contract and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. ARTICLE 2 -PRELIMINARY MATTERS SC-2.06.B. Add the following paragraph: B. The Pre-construction conference/meeting shall at a minimum cover the following topics: • Name, authority,responsibilities, and contact information for parties involved • Review of pre-construction submittals. • Project Procedures: - Progress Meetings - Correspondence - Notification - Submittals - Requests for Clarifications - Change Orders and Work Change Directives • Confirmation of hours and days of work • Overall Schedule • Site Security • Site Concerns • Temporary Utilities and Controls • Hold/Inspection Points • Quality Control • Testing During Construction • Contractor's Coordination • Data Collection • Punch Lists and Project Closeout Procedures CITY OF BREMERTON SUPPLEMENTARY CONDITIONS 00800-1 • Final Deliverables including Record Drawings,Approved Submittals, Quality Control Reports, and Special Guarantees. ARTICLE 4—NOT USED ARTICLE 5—BONDS AND INSURANCE SC—5.04 C.5.Add the following text: Builder's Risk Insurance is not required for this contract. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC—6.02 B. Add the following at the end of Paragraph 6.02.B. Regular working hours shall be eight(8) hours per day, plus lunch break, five (5) days per week, Monday through Friday. Alternatively, the Contractor may work ten(10)hour days, four (4) days per week. The Contractor shall work no more than 40 work hours per week. Work on weekends and holidays is not permitted. The hours of work shall be between 7:00 a.m. and 5:30 p.m. Work hours greater than eight(8)hours per day(or ten(10)hours per day for four(4)day week schedule) or more than 40 hours per week shall be considered overtime. The Contractor shall not work outside these parameters, nor work overtime, unless requested and approved in writing (email is acceptable).Any approval by the Owner shall be given in writing.Any such requests shall be made at least 48 hours before the actual work. The Owner shall generally not refuse reasonable schedule modifications. However, since the site is adjacent to a residential area, the working hours will be enforced to avoid noise disturbances. The Contractor shall notify the Owner at the pre-construction meeting of their intention to work a four (4) day or five (5) day week. By default, the Owner will assume the Contractor is working eight(8)hour days, five(5)days per week. If the Owner agrees to allow the Contractor to work overtime for the Contractor's convenience, costs for overtime work shall be borne by the Contractor. Only when the Owner specifically directs in writing that overtime work must be used to accomplish a task shall the Owner pay for overtime costs. SC—6.05. Delete this paragraph in entirety. SC—6.20.E. Add the following paragraph: E. The provisions of this section shall survive the expiration or termination of this contract. SC—6.22. Add the following paragraph: 6.22 Weekly Progress Meetings A. The Contractor must attend mandatory weekly progress meetings to be conducted by the City. Meetings shall be at City offices, or at another location to be designated by the City. Attendance is required by the superintendent or other representative acceptable to and approved by the Owner. The Contractor shall submit and discuss the three(3) week look ahead schedule at the meeting. The agenda shall include discussion and review of the following items at a minimum: CITY OF BREMERTON SUPPLEMENTARY CONDITIONS 00800-2 • Critical items/action list. • Work progress. Compare actual progress with planned progress shown on Contractors rolling three-week Schedule. Discuss corrective action required. Compare actual and projected progress with Contractor's Construction Schedule; propose methods to correct deficiencies. • Submittals;review delivery dates and date of need for critical items. • Coordination problems. • Schedule needed testing and critical inspections. • Critical requirements for each trade or major piece of equipment prior to beginning work or installation. • Contractor Quality Control. • Open items on Engineers "Items of Concern List." • Impact of proposed changes on Progress Schedule. • Other business. ARTICLE 14—PAYMENTS TO CON TRACTOR AND COMPLETION SC— 14.07.A.4 Add the following paragraph: The Contractor shall, prior to requesting final payment, obtain and submit the following items to the Owner: • Written guarantees and warranties, where required • Technical manuals, data sheets, samples • City-owned keys or locks used for the project • Project reports, data, and record drawings where required • Releases from all parties who are entitled to claims • Executed form: Acceptance of Compensation and Release of All Claims END OF SECTION CITY OF BREMERTON SUPPLEMENTARY CONDITIONS 00800-3 THIS PAGE IN IENTIONALLY LEFT BLANK SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.1 THE REQUIREMENT A. The WORK to be performed under this Contract shall consist of furnishing tools, equipment, materials, supplies, and manufactured articles, and furnishing all labor,transportation, and services, including fuel, power, essential communications, and performing all work or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. The WORK shall be complete, and all work,materials, and services not expressly indicated or called for in the Contract Documents which may be necessary for the complete and proper construction of the WORK in good faith shall be provided by the CONTRACTOR as though originally so indicated, at no increase in cost to the OWNER. B. Time is of the essence for this work. This is a critical reservoir for the City water supply and the Work must be completed within the Contract Times to avoid water outages for City residents and businesses. 1.2 WORK COVERED BY CONTRACT DOCUMENTS A. The WORK is located at the City of Bremerton's RESERVOIR 17 located at 400 Ridge Lane NE, Bremerton, WA 98310. The site is approximately 360 feet northeast of the intersection of NE Vena St and Sandra Ln NE. The closest residence is approximately 40 feet from the project site. The Contractor shall work within the designated working hours. B. DESCRIPTION OF WORK: The Work consists of recoating of the interior of Reservoir 17, a one million gallon above ground welded steel potable water reservoir.The reservoir is approximately 18.5 feet high and 95 feet in diameter.The work includes site mobilization,cutting a door panel if needed, rewelding and coating the door panel, setting up scaffolding, setting up a containment system that can control humidity for coating and contain blasted materials,blasting/cleaning the metal substrate to SSPC-SP10,coating the entire steel interior of the reservoir including the lid, sides,ladder,pipe, vents,hatches,hardware, and all other exposed steel surface on the reservoir interior.Additionally, the Contractor shall clean and disinfect the interior prior to being placed back on-line by the City. The Contractor is permitted to cut a door-sheet and construct ramps in and out of the reservoir. The door-sheet shall be welded and coated at the seams as part of the restoration. The cutting/welding Contractor shall have minimum 5-years experience in cutting and welding steel plates. Additional work includes cleaning the exterior and spot repairing the coating steel potable water reservoirs located at multiple sites. The reservoirs are owned,maintained,and operated by the City of Bremerton. A description of each reservoir is included in Table 09960.1-1. C. There is an existing passive cathodic protection system installed at Reservoir 17.See Section 09960 Steel Reservoir Coating System Section 1.10 Cathodic Protection (CP) Infrastructure for description of the CP system and Work covered by the Contract Documents. The installer of this system will remove it prior to the Contractor's work so it does not interfere with the Contractor's activity. RESERVOIR 17-INTERIOR COATING REPLACEMENT SUMMARY OF WORK APRIL 2024 01010-1 D. The City will drain the reservoir, control all valves, fill the reservoir after coating acceptance, and sample the reservoir water to ensure proper disinfection. E. The Contractor is responsible for cleaning and disinfecting the reservoir interior after the coating has been accepted by the Owner. Thoroughly clean the inside of the reservoir to remove any waste material that may have entered during the work. The Contractor shall disinfect the reservoir per AWWA C652—Method 2 (apply 200 mg/L solution directly to the surface.) There is low pressure water(25 psi)available at the onsite hydrant;the Contractor may connect to this hydrant as a water source for the work. The Contractor must install a double-check backflow preventer at the hydrant to use the water(backflow preventer available for$3000 deposit at City offices).After disinfection by the Contractor, the City will begin filling the reservoir and take a water sample to a certified laboratory. When the results demonstrate that the water sample passes the fecal coliform test, the City will place the reservoir back on-line. Failure will require additional disinfection by the Contractor. 1.3 CONTRACT METHOD A. The WORK hereunder will be constructed as lump sum bid items. 1.4 CONTRACTOR USE OF SITE A. The CONTRACTOR's use of the Site shall be limited to its construction operations,including on-site storage of materials and field offices. Construction activities shall be contained within the fenced limits.All waste materials shall remain on the site. If waste materials migrate off the site based on the Contractor's activities,the City may require the Contractor to put up additional barriers. 1.5 OWNER USE OF THE SITE A. Only Owner may operate the reservoir and associated appurtenances. Contractor shall cooperate and coordinate with Owner regarding access to the site and operation during construction. PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION (Not Used) END OF SECTION RESERVOIR 17-INTERIOR COATING REPLACEMENT SUMMARY OF WORK APRIL 2024 01010-2 SECTION 01020 REFERENCE STANDARDS AND DEFINITIONS PART 1 —GENERAL 1.1 REGULATORY REQUIREMENTS A. This project shall comply with the most recent publications of the following: 1. Uniform Building Code(UBC) 2. Uniform Building Code Standards (UBCS) 3. American Institute of Steel Construction(AISC) 4. American Welding Society(AWS) 5. American Water Works Association(AWWA) 6. Washington State Department of Transportation (WSDOT)/ American Public Works Association(APWA)Standard Specifications for Road Bridge and Municipal Construction 7. Puget Sound Clean Air Agency(PSCAA) for Lead-Based Paint covered surfaces 8. Washington State Department of Labor and Industries (L&I). B. The latest edition of the requirements in effect at the date of submission of bids shall apply. C. The Contractor is responsible to comply with laws and codes applicable in performing the Work. D. The Contractor is responsible to report code deficiencies in the design to the Engineer prior to proceeding with the Work. E. In cases where the Contract Documents are more restrictive than applicable codes, the Contractor shall comply with the Contract Documents. 1.2 REFERENCE STANDARDS A. When these Specifications state that Work or tests shall conform to specific provisions in a referenced standard, specification,code, recommendation, or manual published by an association, organization, society, or agency the referenced provision shall be considered a part of these specifications as fully as if included in total. When these Specifications or applicable codes contain higher or more restrictive requirements than those contained in reference standards these Specifications or applicable codes shall govern. B. The latest edition of a referenced standard published at the time of submission of bids shall apply unless a specific date for the referenced standard is cited in these Specifications. 1.3 SPECIFICATION LANGUAGE AND STYLE RESERVOIR 17-INTERIOR COATING REPLACEMENT REFERENCE STANDARDS AND DEFINITIONS APRIL 2024 01020-1 A. Many parts of the Specification as well as notes on the Drawings are written in the active voice and are addressed to the Contractor. 1. When words or phrases requiring an action or performance of a task are used, it means that the Contractor shall provide the action or perform the task.For example: provide,perform, install, furnish, erect, connect, test, operate, adjust, or similar words mean that the Contractor shall perform the action or task referred to. 2. When words or phrases requiring selection, acceptance, approval, review, direction, designation, or similar actions are referred to, it means that such actions are the City's or the Engineer's prerogative and that the contractor must obtain such action before proceeding. B. Requirements in the Specifications shall apply to all work of similar type,kind or class even though the word"all" or"typical"may not be stated. 1.4 DEFINITIONS The following terms, when used in the Contract Documents, shall have the following meanings: ACCEPTABLE "acceptable to the Engineer" PERFORM "perform all operations required to complete the work referred to in the accordance with the intent of the Contact Documents" REQUIRED "required by the Contract Documents or required to complete the Work and produce the intended results" SATISFACTORY "acceptable to the Engineer" SHOWN "as indicated on the Drawings" SILL "geographical location of the Project and land within the work area shown on the contract drawings and within which the Work will be installed or built" SPECIFIED "as written in the Contract Documents including the Specifications and the Drawings" STANDARD SPECIFICATIONS Refers to the most current edition of the Washington State Department of Transportation Standard Specifications SUBMIT "submit to the Engineer" 1.5 ABBREVIATIONS The following acronyms or abbreviations are used in these Specifications for the organizations listed: Abbreviations Stand For AASHITO American Association of State Highway and Transportation Officials AAMA Architectural Aluminum Manufacturers Association ABMA American Boiler Manufacturers Association RESERVOIR 17-INTERIOR COATING REPLACEMENT REFERENCE STANDARDS AND DEFINITIONS APRIL 2024 01020-2 ACI American Concrete Institute ADC Air Diffusion Council AGA American Gas Association AGMA American Gear Manufacturers Association AI Asphalt Institute AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction AMCA Air Moving and Conditioning Association ANSI American National Standard Institute APA American Plywood Association API American Petroleum Institute APWA American Public Works Association AREA American Railway Engineering Association ASCE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWPA American Wood Preservers' Association AWS American Welding Society AWWA American Water Works Association CAGI Compressed Air and Gas Institute CBM Certified Ballast Manufacturers CBR California Bearing Ratio CI Chlorine Institute CISPI Cast Iron Soil Pipe Institute CMAA Crane Manufacturers Association of America CPSC Consumer Products Safety Commission CRA California Redwood Association CRSI Concrete Reinforcing Steel Institute CS Commercial Standards for the U,S. Department of Commerce CTI Cooling Tower Institute DFPA Douglas Fire Plywood Association DOE Washington State Department of Ecology DOH Washington State Department of Health ETA Electronic Industries Association EPA U.S. Environmental Protection Agency ETL Electronic Testing Laboratory FM Factory Mutual Insurance Company FPS Fluid Power Society FS Federal Specifications HI Hydraulic Institute HMI Hoist Manufacturers Institute IAPMO International Association of Plumbing and Mechanical Officials ICPO International Conference of Building Officials IEEE Institute of Electrical and Electronic Engineers IES Illuminating Engineering Society IGCC Insulating Glass Certification Council IPCE International Power Cable Engineers Association ISA Instrument Society of America L&I Washington State Department of Labor and Industries NAAMM National Association of Architectural Metal Manufacturers NBS National Bureau of Standards RESERVOIR 17-INTERIOR COATING REPLACEMENT REFERENCE STANDARDS AND DEFINITIONS APRIL 2024 01020-3 NCPI National Clay Pipe Institute NEC National Electrical Code NEMA National Electrical Manufacturers Association NEPA National Environmental Policy Act NETA International Electrical Testing Association NFPA National Fire Protection Association NGVD National Geodetic Vertical Datum NSF National Sanitation Foundation NWMA National Woodwork Manufacturers Association OSHA Occupational Safety and Health Act PCA Portland Cement Association RCW Revised Code of Washington REA Rural Electrification Administration SAMA Scientific Apparatus Makers Association SMACNA Sheet Metal and Air Conditioning Contractors National Association SSPC Structural Steel Painting Council TCA Tile Council of America UBC Uniform Building Code UPC Uniform Plumbing Code UFC Uniform Fire Code UMC Uniform Mechanical Code USDC U.S. Department of Commerce UL Underwriters Laboratories WAC Washington Administration Code WCLIB West Coast Lumber Inspection Bureau WIC Woodwork Institute of California WISHA Washington Industrial Safety and Health Act WSEC Washington State Energy Code WSS Washington State Department of Transportation(WSDOT)/American Public Works Association(APWA)Standard Specifications for Road Bridge and Municipal Constructions PART 2 -PRODUCTS (Not Used) PART 3—EXECUTION (Not Used) END OF SECTION RESERVOIR 17-INTERIOR COATING REPLACEMENT REFERENCE STANDARDS AND DEFINITIONS APRIL 2024 01020-4 SECTION 01025 MEASUREMENT AND PAYMENT PART 1—GENERAL 1.1 SCOPE A. This is a lump sum project. B. Payment for the various items of the Bid Schedule, as further specified herein, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the WORK all in accordance with the requirements of the Contract Documents, including all appurtenances thereto, and including all costs of permits and cost of compliance with the regulations of public agencies having jurisdiction,including Safety and Health Requirements of the Washington Division of Industrial Safety and Health Act (WISHA), and the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA). No separate payment will be made for any item that is not specifically set forth in the Bid Schedule, and all costs therefor shall be included in the prices named in the Bid Schedule for the various appurtenant items of work. 1.2 BID ITEM NO. A.1 —INFERIOR COATING REPLACEMENT A. Measurement for Bid Item No.A.1 to coat the interior of Reservoir 17 is lump sum and shall be based on percent completion of the work associated with this bid item in the approved Schedule of Values. B. Total payment for the coating of the entire steel interior of Reservoir 17 will be made at the price in the Bid Schedule under Bid Item No.A.1.Such price shall constitute full compensation for the Work included in this bid item to prepare and recoat the entire steel interior of one(1) one million gallon steel welded potable water reservoir. The work includes site mobilization, cutting a door panel if needed, rewelding and coating the door panel, setting up and operating a scaffolded waste containment and environmental control system,blasting/cleaning the metal substrate to white metal (SSPC-SP 10), proper disposal of existing coating and spent abrasive blast material, coating the entire interior of the reservoir including the lid, sides, ladders, vents, hardware, hatches and all other exposed interior steel surfaces, demobilization, site cleanup, interior reservoir cleaning and disinfection and all other work described in the Contract Documents to provide a completed product. 1.3 BID I FEM A.2—FORCE ACCOUNT A. Measurement of the total cost of all items paid under this bid item for Force Account shall not exceed the amount given in the Bid Schedule. Measurement will be made for individual items paid under force account. B. Bid Item No. A.2 —Force Account is a contingency amount that has been established to pay for Owner-directed changes(Article 10 of the Standard General Conditions).All changes paid under this bid item must be authorized by the Owner in writing prior to the actual work. The cost of the extra work may be paid as lump sum or time and materials and must be determined by the Owner and Contractor before the actual work if lump sum. 1.4 BID IFEMS B.1 THROUGH B.8—RESERVOIR EXTERIOR CLEANING RESERVOIR 17-INTERIOR COATING REPLACEMENT MEASUREMENT AND PAYMENT APRIL 2024 01025-1 A. Measurement for Bid Item Nos. B.1 through B.8 to clean the exterior of reservoirs is lump sum per each reservoir and shall be based on percent completion of the work associated with this bid item in the approved Schedule of Values. B. Total payment for Bid Item Nos. B.1 through B.8 to clean the exterior of the steel reservoirs will be made at the lump sum prices in the Bid Schedule (Schedule B). Such price shall constitute full compensation for the Work to clean the reservoir exteriors as described in Section 09980. 1.5 BID I ELM B.9—FORCE ACCOUNT A. Measurement of the total cost of all items paid under this bid item for Force Account shall not exceed the amount given in the Bid Schedule. Measurement will be made for individual items paid under force account. B. Bid Item No. B.2 — Force Account is a contingency amount that has been established to pay for Owner-directed changes(Article 10 of the Standard General Conditions).All changes paid under this bid item must be authorized by the Owner in writing prior to the actual work. The cost of the extra work may be paid as lump sum or time and materials and must be determined by the Owner and Contractor before the actual work if lump sum. PART 2—PRODUCTS (Not Used) PART 3—EXECUTION (Not Used) END OF SECTION RESERVOIR 17-INTERIOR COATING REPLACEMENT MEASUREMENT AND PAYMENT APRIL 2024 01025-2 SECTION 01030 SAFETY, HEALTH, AND HAZMAT HANDLING PART 1 —GENERAL 1.1 DESCRIPTION This section specifies safety,health and hazardous materials handling requirements. The Contractor shall comply with this Specification and provide all necessary tools, equipment, and personnel to ensure compliance with applicable laws,regulations and ordinances. Safety and health responsibilities for all work at the project site are to be borne by the Contractor. 1.2 GENERAL A. In accordance with the generally accepted construction, applicable law and regulations,the Contractor shall be solely and exclusively responsible for: 1. Construction means and methods. 2. Safety of employees engaged in the work while on and off the site. 3. Safety of the City,the paint manufacturer representative, and others who may visit or be affected by the work. 4. Safety of the work itself including material and equipment to be incorporated therein. 5. Safety of other property at the site or adjacent thereto. 6. Safety programs, equipment, and protective devices required to assure the safety of persons and property for whom/which the Contractor is responsible. B. The duties of the City in conducting review of the Contractor's performance is not intended to include review of the adequacy of the Contractor's work methods, equipment, bracing, scaffolding,rigging, or safety measures in, or near the construction site. C. The Contractor is hereby informed that work on this project could be hazardous. The Contractor shall carefully instruct all personnel working in potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as required to prevent injury to personnel and damage to property, and to comply with all applicable laws and regulations including WISHA, Federal OSHA, and other regulations referenced in these Contract Documents. D. The Contractor shall, at all times,maintain the job in a condition that is safe for the City, and paint manufacturer representative,to make site visits and to conduct progress review. The Contractor shall provide the City, the paint manufacturer representative safe access to every part of the Work at all times work is in progress for observation, inspecting and testing. The Contractor shall give two(2) days notice of work being ready for required inspection,test or approval or intent to cover work up to the paint manufacturer representative. E. The Contractor shall prepare a Health and Safety Plan(HASP)meeting the requirements of applicable regulations. As a minimum,the Contractor's HASP shall set forth definite procedures for informing workers about safety, for instructing workers in safe practices, for assuring that workers are using appropriate safety equipment and safe work practices, and for reporting accidents. RESERVOIR 17-INTERIOR COATING REPLACEMENT SAFETY, HEALTH,AND HAZMAT HANDLING APRIL 2024 01030-1 1.3 QUALITY ASSURANCE A. Reference Standards: Reference Title 29 USC 651 et seq. Federal Occupational Safety and Health Act 29 CFR 107 Federal Contract Works Hours and Standards 29 CFR 1910 OSHA General Health and Safety Standards 29 CFR 1926 OSHA Construction Safety and Health Standards RCW 49.17 Industrial Safety and Health Act RCW 70.105 Hazardous Waste Disposal Act RCW 70.105D Hazardous Waste Clean-Up: Model Toxic Control Act Chapter 296-24 WAC General Safety and Health Standards Chapter 296-36 WAC Safety Standards - Compressed Air Work Chapter 296-62 WAC General Occupational Health Standards Chapter 296-155 WAC Safety Standards for Construction Work Chapter 173-303 WAC Dangerous Waste Regulations Chapter 173-340 WAC Model Toxic Control Act 1.4 DEFINITIONS A. Hazardous materials: I. Any material classified as dangerous waste in accordance with WAC 173-303 or that in sufficient quantities is classified as dangerous waste. 2. Asbestos material, as defined in Puget Sound Clean Air Agency(PSCAA), Removal and Encapsulation of Asbestos Materials. 3. Polychlorinated biphenyls(PCBs),polycyclic aromatic hydrocarbons(PAHs), explosives, radioactive materials, and others deemed as such by regulatory agencies having jurisdiction over such matters. B. Contaminated materials: Materials containing contaminants such as hydrocarbons, PCBs, diesel fuels, gasoline, lead paint,heavy metals, solvents, and other types of fuel oils in sufficient quantifies to necessitate special handling and disposal under applicable regulations. 1.5 SPECIAL CONSIDERATIONS A. The Contractor shall be responsible for implementing comprehensive safety,health and hazardous materials handling programs. M.addition to the Contractor's regulatory responsibilities RESERVOIR 17-INTERIOR COATING REPLACEMENT SAFETY, HEALTH,AND HAZMAT HANDLING APRIL 2024 01030-2 for its employees, it shall assume full responsibility for all matters related to health, safety and hazardous materials(including worker and community Right-to-Know) of all people on or near the site. B. Confined Space. The nature of work will expose workers to confined spacing having possible conditions which are explosive,toxic and oxygen fluctuating. A Confined Space Program that meets the requirements 29 CFR 1910.146 and Part M of Chapter 296-62-141 through 296-62- 14529 WAC regulations must be in place. C. Gases. Contaminant gases that may be encountered at this site include but are not limited to hydrogen sulfide,methane,carbon monoxide,carbon dioxide, nitrogen, and gases from hydrocarbon products. Provide a written Hazard Communication Program and Emergency Management Plan addressing these and other potential hazardous substances on site. D. Infectious Diseases.Sewers have been determined to carry a wide spectrum of disease-producing organisms. At a minimum,provide a written Hazard Communication Program and Biological/Bloodborne Pathogen Program detailing the preventive measures to be taken to provide an appropriate work environmental for all workers. E. Fall Protection. The work will require working at heights within a reservoir and on top of the reservoir lid. The safety plan should address concerns associated with usage of ladders, scaffolds, elevated platforms,trip hazards, and any other issues associated with working at heights. Fall protection safety shall be in accordance with WAC 296-874 for scaffolds,WAC 296-869 for elevated work platforms, and WAC 296-800 for open-sided walkways and platforms. F. Other Construction Site Considerations. Provide a comprehensive written Accident Prevention Program covering the Contractor's activities on site. Address issues dealing with precautionary measures to be taken when working near or with dangerous facilities and installations including but not limited to: 1.6 SAFETY PROGRAM A. General 1. Develop, implement and maintain until Contract Acceptance a Safety Program that includes as a minimum the following: • Safety and health risk and/or hazard analysis for each site task and operation. • Safety organizational structure and responsibilities. • Hazard Communication Program. • Accident Prevention Program. • Confined Space Program. • Emergency Management Plan. • Respiratory Program. • Medical Surveillance Program. • Biological Bloodborne Pathogen Program. • Safety watch(Ground support besides the Safety Officer). • Lighting/Illumination Plan. • Ventilation Plan. • Access and Egress Plan. • Air contaminants including fugitive dusts handling measures. • Accident reporting and recordkeeping. • Carcinogens and other hazardous materials. RESERVOIR 17-INTERIOR COATING REPLACEMENT SAFETY, HEALTH,AND HAZMAT HANDLING APRIL 2024 01030-3 • Site control measures. • Hearing Conservation Program. • Personal protective equipment. • Employee Informational and Communication Program. • Required trainings and certifications. • Integration of subcontractor's activities. • Excavation support. • Equipment and machinery. 2. Locate copies of the Safety Program on the Contractor's worksite and at each of the subcontractor's worksites. 3. Update each copy of the Safety Program within seven(7) days if any changes are made at the worksite or to the Safety Program. 4. The Safety Plan shall be made available to the City within three(3) days upon request. 1.7 SUBMITTALS A. Procedures: See Section 01300. B. Contaminant gases that may be encountered at this site include but are not limited to hydrogen sulfide, methane,carbon monoxide, carbon dioxide,nitrogen, and gases from hydrocarbon products. Provide a written Hazard Communication Program and Emergency Management Plan addressing these and other potential hazardous substances on site. C. Test reports of all waste characterizations, if applicable. D. Material safety data sheets (MSDS)per WAC 296-62-05413 for all hazardous chemicals used or stored on-site. PART 2 -PRODUCTS (Not Used) PART 3—EXECUTION 3.1 RESPONSIBILITY FOR EXECUTION A. The Contractor shall have full responsibility for execution of safety, health and hazardous materials handling programs. END OF SECTION RESERVOIR 17-INTERIOR COATING REPLACEMENT SAFETY, HEALTH,AND HAZMAT HANDLING APRIL 2024 01030-4 SECTION 01300 CONTRACTOR SUBMITTALS PART 1 - GENERAL 1.1 GENERAL A. Submittals covered by these requirements include: 1. Shop Drawings/Plans 2. Product Data 3. Samples 4. Reports 5. Materials Submittals 6. Administrative Submittals 7. Schedules B. Unless noted otherwise, submittals shall be submitted at the pre-construction conference/meeting and then electronically via e-mail after the Notice to Proceed is issued. C. The City recently began using a construction management cloud-based software program known as Virtual Project Manager, which may be used during construction as a way to process construction forms and deliverables. Further information will be provided after contract award. 1.2 SUBMITTAL TRANSMITTAL PROCEDURE A. Unless noted otherwise, the Contractor shall submit the specified information to the designated City representative via e-mail in Adobe PDF format. B. A transmittal cover sheet shall accompany each submittal. This cover sheet is included in the Appendix titled `Construction Forms.' The City can provide an electronic version of this cover sheet upon request. C. A separate form shall be used for each specific item, class of material, equipment, and items specified in separate,discrete sections,for which the submittal is required. The form shall be signed by the Contractor's review or authorized representative. Submittal documents common to more than one piece of equipment shall be identified with all the appropriate equipment numbers. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer's package or are so functionally related that expediency indicates checking or review of the group or package as a whole. D. A 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. E. Submittals which are incomplete and/or do not have all the information required to be submitted, including but not limited to a signed and dated submittal transmittal form, and copy of marked-up RESERVOIR 17-INTERIOR COATING REPLACEMENT CONTRACTOR SUBMITTALS APRIL 2024 01300-1 specifications and/or drawings when specified , are not acceptable and will be returned without review. All submittal information provided by subcontractors shall be transmitted through the Contractor and shall bear the Contractor's signature. 1.3 SUBMITTAL REVIEW PROCESS A. For most submittals,the OWNER will return prints of each submittal to the CONTRACTOR with its comments noted thereon, within 14 calendar days following receipt by the OWNER. It is considered reasonable that the CONTRACTOR shall make a complete and acceptable submittal to the OWNER by the second submission of a submittal item. The OWNER reserves the right to withhold monies due to the CONTRACTOR to cover additional costs of the OWNER's review beyond the second submittal. B. If a submittal is returned to the CONTRACTOR marked "NO EXCEPTIONS TAKEN," formal revision and resubmission of said submittal will not be required. C. If a submittal is returned marked "MAKE CORRECTIONS NO FED," CONTRACTOR shall make the corrections on the submittal, but formal revision and resubmission of said submittal will not be required. D. If a submittal is returned marked "AMEND-RESUBMIT," the CONTRACTOR shall revise said submittal and shall resubmit the required number of copies of said revised submittal to the OWNER for review. E. If a submittal is returned marked "REJECTED-RESUBMIT," it shall mean that the submitted material or product does not satisfy the specification. The CONTRACTOR shall prepare a new submittal and shall resubmit the required number of copies of said revised submittal to the OWNER for review. F. Fabrication of an item shall be commenced only after the OWNER has reviewed the pertinent submittals and returned copies to the CONTRACTOR marked either"NO EXCEPTIONS TAKEN" or MAKE CORRECTIONS NOTED." Corrections indicated on submittals shall be considered as changes necessary to meet the requirements of the Contract Documents and shall not be taken as changes to the contract requirements. G. All submittals shall be carefully reviewed by an authorized representative of the CONTRACTOR, prior to submission to the OWNER. Each submittal shall be dated, signed, and certified by the CONTRACTOR, as being correct and in strict conformance with the Contract Documents. In the case of Shop Drawings, each sheet shall be so dated, signed, and certified. The OWNER will only review submittals which have been so certified by the CONTRACTOR. All non-certified submittals will be returned to the CONTRACTOR without action taken by the OWNER,and any delays caused thereby shall be the total responsibility of the CONTRACTOR. H. The OWNER's review of submittals shall not relieve the CONTRACTOR of the entire responsibility for the correctness of details and dimensions. The CONTRACTOR shall assume all responsibility and risk for any misfits due to any errors in submittals. The CONTRACTOR shall be responsible for the dimensions and the design of adequate connections and details. 1.4 PRE-CONSTRUCTION CONFERENCE SUBMITTALS A. At the Pre-construction Conference,the CONTRACTOR shall submit the following items to the OWNER for review in addition to the items to be submitted as noted in Paragraph 1.1 above. After the Pre-construction Conference,the OWNER shall review the items submitted at the conference and may request further information for any of those items which are determined to be incomplete RESERVOIR 17-INTERIOR COATING REPLACEMENT CONTRACTOR SUBMITTALS APRIL 2024 01300-2 or insufficient. If such a request is made,the CONTRACTOR shall be required to submit additional information as requested within three(3)calendar days after receipt of such request. B. Submit three(3)printed copies of each item in this section. Submit one(1)electronic copy on a CD-ROM disk OR USB thumb drive in MS Word,MS Excel, or MS Project format where appropriate for items 1—5. 1. Contractor's and Subcontractor's Contact Information: Names and 24-hour contact telephone numbers of contractor's and each subcontractor's key personnel. 2. Contractor's Labor Classifications and Rates: Classification of all workers to be employed by the Contractor and its subcontractors in the work, excluding the Contractor's Superintendent and General Foremen(if any), and; straight-time and overtime Weighted Wage Rates for each submitted labor classification.Update and resubmit the entire labor classification file whenever worker classifications are changed, added or deleted: 3. Contractor's Equipment Classifications and Rates: Make and model of each item of equipment and small tools to be employed by the Contractor and its subcontractors in the work, and; working and standby (idle) hourly rates for each submitted item of equipment. Equipment Rental Rate Agreement referenced therein. Update and resubmit this entire equipment classification file whenever equipment or small tools classifications are changed, added or deleted. 4. Contractor's Overall CPM Progress Schedule 5. Detailed Schedule of Values a. At a minimum,the SOV shall include the following items: mobilization(not to exceed 10% of the base bid cost), subcontractor costs, preliminary cleaning, abrasive blasting, prime coat, stripe coat, intermediate coat, top coat, site restoration and force account. Payment requests will not be approved until the Schedule of Values has been reviewed and accepted by the Owner. 6. List of all Subcontractors, including: • Percentage value of work assigned. • Principal contact(s). • Address. • Telephone and fax numbers. 7. List of all requested exceptions to the Contract Documents. 8. Retainage account information(if applicable) 9. Intent to Pay Prevailing Wage Rates for prime contractor and subcontractors. 10. All required permits, as applicable. 11. Spill Prevention Control Plan 1.5 SHOP DRAWINGS (TECHNICAL SUBMITTALS) A. Wherever called for in the Contract Documents, or when requested by the OWNER, the CONTRACTOR shall furnish Shop Drawing submittals to the Owner. The term"Shop Drawings" as used herein shall be understood to include detail design calculations, shop-prepared drawings, fabrication, and installation drawings, process drawings, descriptions of work, erection drawings, lists,graphs,catalog sheets,data sheets,and similar items.Whenever the CONTRACTOR is required to submit design calculations as part of a submittal, such calculations shall bear the signature and seal of an engineer registered in the appropriate branch and in the state wherein the project is to be built, unless otherwise indicated. B. Shop Drawing submittals shall be accompanied by the OWNER's standard submittal transmittal form, a reproducible copy of which is available from the OWNER.Any submittal not accompanied by such a form, or where all applicable items on the form are not completed, will be returned for resubmittal. C. A single submittal transmittal form shall be used for each technical specification section or item or RESERVOIR 17-INTERIOR COATING REPLACEMENT CONTRACTOR SUBMITTALS APRIL 2024 01300-3 class of material or equipment for which a submittal is required.A single submittal covering multiple sections will not be acceptable, unless the primary specification references other sections for components. Transmittal of a submittal of various items using a single transmittal form will be permitted only when the items taken together constitute a manufacturer's "package" or are so functionally related that expediency indicates review of the group or package as a whole.A multiple- page submittal shall be collated into sets,and each set shall be stapled or bound,as appropriate,prior to transmittal to the OWNER. D. The following items are also considered Shop Drawings and may be requested to be submitted to the Owner: • Construction photographs. • Daily records and inspection logs,including list of active equipment and employees on the site, including hourly utilization. • Equipment data logs • Equipment maintenance records and invoices • Work plans for different activities on the project(narrative description of proposed method for performing work,including equipment,materials and labor to be used,along with activity dates and milestones) • Survey notes and data 1.6 ADMINISTRATIVE SUBMITTALS A. Submittals that are not Shop Drawings or Samples, or that do not reflect quality of product or method of construction may include,but not be limited to: • Applications for payment. • Progress reports. • Progress schedules. • Schedule of values. • Schedule of estimated progress payments. • Training materials • Training schedules • Certified payroll(submitted throughout project).All certified payrolls must be submitted prior to release of retainage or retainage bond. • Submittals required by laws,regulations, and governing agencies. 1.7 QUALITY CONTROL SUBMITTALS A. Quality Control submittals may include,but not be limited to the following. • Manufacturer's instructions. • Certificates/Certifications: o Manufacturer's. o Inspection. o Governing Agency's. • Manufacturer's field service reports. • Manufacturer's test reports. • Operation and maintenance data. • Operation and maintenance manuals. • Quality control plan. • Reports (inspection and test). • Statements of qualifications. • Test specimens. RESERVOIR 17-INTERIOR COATING REPLACEMENT CONTRACTOR SUBMITTALS APRIL 2024 01300-4 • Equipment and material invoices, including invoices for repair. • Employee time sheets • Contractor field notes and photographs • Data logs and reports 1.8 SAMPLES A. Whenever in the Specifications samples are required,the CONTRACTOR shall submit not less than three(3) samples of each item or material to the OWNER for acceptance. B. Unless otherwise indicated, samples, shall be submitted a minimum of 21 days prior to ordering such material. C. Samples shall be individually and indelibly labeled or tagged,indicating thereon all specified physical characteristics and Manufacturer's name. Upon receiving acceptance of the OWNER, one set of the samples will be stamped and dated by the OWNER and returned to the CONTRACTOR, and one set of samples will be retained by the OWNER, and one set of samples shall remain at the Site until completion of the WORK. D. Unless indicated otherwise, all colors and textures of items presented in sample submittals shall be from the manufacturer's standard colors and standard materials, products, or equipment lines. If the samples represent non-standard colors,materials,products,or equipment lines and their selection will require an increase in Contract Times or Price, the CONTRACTOR shall clearly indicate same on the transmittal page of the submittal. PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION (Not Used) END OF SECTION RESERVOIR 17-INTERIOR COATING REPLACEMENT CONTRACTOR SUBMITTALS APRIL 2024 01300-5 SECTION 01311 CONTRACTOR SCHEDULE PART 1 —GENERAL 1.1 GENERAL A. Scheduling of the WORK shall be performed by the CONTRACTOR in accordance with the requirements of this Section. 1.2 DETAILED CPM AND PROGRESS SCHEDULE A. The Contractor shall submit a detailed overall project schedule (CPM) at the Pre-Construction Meeting. The schedule shall show the completion of the entire project from Notice to Proceed through Substantial Completion. The schedule shall be based upon the Critical Path Method(CPM) and show activities, start dates, end dates, duration, critical milestones, and float. The Owner will review this schedule and return it to the Contractor within five (5) days. The Contractor shall resubmit the revised schedule within 15 days of the Notice to Proceed date. The Contractor shall use a scheduling program like Microsoft Project or equal. B. An updated progress schedule shall be submitted with each monthly payment request. Payment will be withheld until the updated schedule is submitted. C. Float Ownership: Neither the OWNER nor the CONTRACTOR owns the float time. The project owns the float time. As such, liability for delay of the project completion date rests with the party actually causing delay to the project completion date. For example, if Party A uses some, but not all of the float time and Party B later uses the remainder of the float time as well as additional time beyond the float time, Party B shall be liable for the costs associated with the time that represents a delay to the projects completion date. Party A would not be responsible for any costs since it did not consume all of the float time and additional float time remained, therefore, the projects completion date was unaffected. 1.3 THREE-WEEK LOOK AHEAD SCHEDULE A. The CONTRACTOR shall furnish a three (3) week look ahead schedule at each weekly construction meeting. The three(3)week look ahead schedule shall indicate the work accomplished during the previous week, and work to be accomplished in the next two weeks. When a weekly construction meeting is cancelled,the schedule shall be submitted directly to the Owner via e-mail. PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION (Not Used) END OF SECTION RESERVOIR 17-INTERIOR COATING REPLACEMENT CONTRACTOR SCHEDULE APRIL 2024 01311-1 SECTION 01500 TEMPORARY SITE UTILITIES AND CONTROLS PART 1- GENERAL 1.1 TEMPORARY UTILITIES A. Sanitary Facilities: Contractor to provide and maintain self-contained portable sanitary facilities for the Contractor's, subcontractor's, Engineer, and City use. The facilities shall comply with applicable regulations and shall be serviced, cleaned, and disinfected weekly. B. Temporary Electrical: All power shall be provided by the Contractor, including minimal electrical service(20 amp, 120 V). C. Temporary Water: There is a hydrant at the site with low pressure water(25 psi). A hydrant meter must be installed and can be obtained at the Department of Community Development.A refundable $3000 deposit is required, which will be returned if the meter is undamaged at the completion of the project. Coordinate with the City staff to obtain the meter. 1.2 TEMPORARY CONSTRUCTION AND SUPPORT SYS ELMS A. The Contractor is solely and exclusively responsible for the design,construction,and maintenance of all temporary construction including forms, false work, shoring, rigging, scaffolding, stairs, ladders,and all other similar items,including ensuring that such mentioned items are designed and stamped by appropriate design professionals in accordance with applicable regulations and codes. B. Construct adequate and safe forms and false work,to rigidly support partially complete structures. Provide temporary bridges and decking to maintain vehicular and pedestrian access. Design and construct temporary forms, false work, bridges, and decking in accordance with applicable regulations and codes. C. The Contractor shall provide temporary guard rails, ladders, stairs, guards, plastic sheeting, and barricades to protect persons in accordance with applicable regulations within and around the work. 1.3 PROTECTION OF INSTALLED WORK A. Provide temporary and removable protection for installed products. Control activity in immediate work area to minimize damage. B. Provide heavy planking to protect valve boxes, vaults, curbs, gutters, paving, and similar surfaces from damage by heavy equipment or vehicles. 1.4 SITE SECURITY A. The reservoir is located on a fenced site. Materials and equipment left exposed at the site overnight and during off-hours are at risk for theft and the Contractor is solely responsible for securing equipment and materials against theft and vandalism. B. The Contractor is responsible for security to protect the Work, on-site stored materials, existing facilities, and City's operations from unauthorized entry, vandalism, or theft. RESERVOIR 17-INTERIOR COATING REPLACEMENT TEMPORARY SITE UTILITIES AND CONTROLS APRIL 2024 01500-1 C. The site gate shall be locked at the end of each work day. The Contractor shall provide a temporary padlock and use the"daisy-chain" method for locking the gate. Alternatively, the Contractor may obtain a City-issued key for the existing gate padlock. D. The Contractor shall confine the use of the site for work and storage to within the fenced limits. E. The Contractor shall be responsible for maintaining a safe working environment for the City, and Contractor's personnel in all areas affected by the Contractor's work. 1.5 TEMPORARY SITE CONTROLS: A. PETS AND RODENT CONTROL: Avoid creating conditions conducive to pests and rodents. Comply with regulations governing the use of chemicals to control pests and rodents. B. WASTE DISPOSAL AND RUBBISH CONTROL: The Contractor shall keep the work site clean and free from rubbish and debris. Materials and equipment shall be removed from the site when they are no longer necessary. Upon completion of coating,the Contractor shall remove any surplus material protective coverings, and accumulated rubbish, and thoroughly clean surfaces and repair overspray or other coating-related damage. The Contractor shall be responsible for disposal of all waste materials and for obtaining any required permits or approvals. All expenses for disposal shall be solely borne by the Contractor. The Contractor shall provide temporary sanitary facilities and trash disposal at the site. These facilities shall be maintained regularly in compliance with applicable laws. C. NOISE CONTROL: The closest home is approximately 550 feet away. The work is subject to the requirements of Bremerton Municipal Code 6.32. There are no noise limits from 7:00 a.m.to 10:00 p.m. From 10 p.m. to 7 a.m., the decibel limit is 55 dB(A) to the nearest adjacent property. Generally, to meet this requirement, no large equipment (dehumidifier, generator, dust collector, ventilation) should be operated from 10 p.m. to 7 a.m. Any generators used on the project shall be housed in sound-attenuating enclosures. D. SPILL CONTROL: Measures including containment booms, oil absorbent pads, and spill control kits shall be used to contain debris and materials within work areas. Spill control kits shall be available on-site at all times. The Contractor shall prepare a Spill Prevention Countermeasures and Control (SPCC) Plan to be used for the duration of the project. The Plan shall be submitted to the Construction Manager prior to the commencement of any construction activities. A copy of the Plan with any updates shall be maintained at the work site by the Contractor. 1.6 TRAFFIC REGULATIONS—Applicable to the specific site location A. Conduct operations so as to offer least possible obstructions and inconvenience to the public in general. Do not overload or damage paved, improved, or gravel maintained roadway surfaces, sidewalks,curbs, or gutters. B. Provide temporary barricades, lights, flag persons, and other means to safely control pedestrians and vehicular traffic entering and leaving the project site and on the project site. C. If required by the Engineer,develop and follow a traffic control plan in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). 1.7 PROTECTION OF EXISTING FACILITIES A. The Contractor shall protect and maintain all underground or aboveground utilities and structures affected by the work and all lawns, shrubs, trees, fences, rockeries, mailboxes,monuments, signs, RESERVOIR 17-INTERIOR COATING REPLACEMENT TEMPORARY SITE UTILITIES AND CONTROLS APRIL 2024 01500-2 etc., and parking strips or private property crossed by or adjacent to his operation. Any damage shall be repaired and restored by the Contractor to the satisfaction of the City. B. The Contractor will be responsible for all damage to roads, highways, ditches, bulkheads, walls, bridges, culverts, utilities, barricades, lights or other property, caused by the work, whether such damage be at the site of the work or caused by transporting of hauling to or from the work. The Contractor shall repair or replace,or arrange for the repair or replacement of all such damage to the satisfaction of the City. Any material damaged by the Contractor's operations shall be replaced with new material at no additional cost to the City. C. Whenever construction work under this Contract is undertaken on easement, right-of-way, or franchise, all work shall be confined to the limits of each easement,right-of-way, or franchise, and accomplished so as to cause the least amount of disturbance and a minimum amount of damage. The Contractor is responsible to restore the disturbed area(s) to its original condition and satisfaction of the City. PART 2—PRODUCTS -Not Used. PART 3—EXECUTION -Not Used. END OF SECTION RESERVOIR 17-INTERIOR COATING REPLACEMENT TEMPORARY SITE UTILITIES AND CONTROLS APRIL 2024 01500-3 SECTION 01600 PRODUCTS, MATERIALS,AND EQUIPMENT PART 1 - GENERAL 1.1 DEFINITIONS A. The word "Products," as used in the Contract Documents, is defined to include purchased items for incorporation into the WORK, regardless of whether specifically purchased for the project or taken from CONTRACTOR's stock of previously purchased products. The word"Materials," is defmed 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 defmed as products with operational parts, regardless of whether motorized or manually operated, and particularly including products with service connections (wiring, piping, and other like items). Definitions in this paragraph are not intended to negate the meaning of other terms used in the Contract Documents, including "specialties," "systems," "structure," "finishes," "accessories," "furnishings," special construction," and similar terms, which are self-explanatory and have recognized meanings in the construction industry. B. Neither "Products" nor "Materials" nor "Equipment" includes machinery and equipment used for preparation, fabrication,conveying,and erection of the WORK. 1.2 QUALITY ASSURANCE A. Source Limitations: To the greatest extent possible for each unit of WORK, the CONTRACTOR shall provide products,materials, and equipment of a singular generic kind from a single source. B. Compatibility of Options:Where more than one choice is available as options for CONTRACTOR's selection of a product, material, or equipment, the CONTRACTOR shall select an option which is compatible with other products,materials,or equipment.Compatibility is a basic general requirement of product,material,and equipment selections. C. All equipment and products supplied for this project shall be new and not previously used. Refurbished equipment and products will be rejected. As requested by the City,the Contractor shall provide acceptable documentation from the supplier or manufacturer indicating that equipment or products are new,not previously used, and not refurbished. 1.3 PRODUCT DELIVERY AND STORAGE A. The CONTRACTOR shall deliver and store the WORK in accordance with manufacturer's written recommendations and by methods and means which will prevent damage, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize long-term storage of products at the Site and overcrowding of construction spaces. In particular, the CONTRACTOR shall ensure coordination to ensure minimum holding or storage times for flammable,hazardous,easily damaged, or sensitive materials to deterioration,theft,and other sources of loss. 1.4 TRANSPORTATION AND HANDLING A. Products shall be transported by methods to avoid damage and shall be delivered in undamaged condition in manufacturer's unopened containers and packaging. RESERVOIR 17-INTERIOR COATING REPLACEMENT PRODUCTS, MATERIALS,AND EQUIPMENT APRIL 2024 01600-1 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-fight climate controlled enclosures and temperature and humidity ranges shall be maintained within tolerances required by manufacturer's recommendations. B. For exterior storage of fabricated products,products shall be placed on sloped supports above ground. Products subject to deterioration shall be covered with impervious sheet covering and ventilation shall be provided to avoid condensation. C. Loose granular materials shall be stored on solid flat surfaces in a well-drained area and shall be prevented from mixing with foreign matter. D. Storage shall be arranged to provide access for inspection. The CONTRACTOR shall periodically inspect to assure products are undamaged and are maintained under required conditions. E. Storage shall be arranged in a manner to provide access for maintenance of stored items and for inspection. 1.6 MAINTENANCE OF PRODUCTS IN STORAGE A. Stored products shall be periodically inspected on a scheduled basis. The CONTRACTOR shall maintain a log of inspections and shall make the log available on request. B. The CONTRACTOR shall comply with manufacturer's product storage requirements and recommendations. C. The CONTRACTOR shall maintain manufacturer-required environmental conditions continuously. D. The CONTRACTOR shall ensure that surfaces of products exposed to the elements are not adversely affected and that weathering of fmishes 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 fmal acceptance by the OWNER in accordance with the Contract Documents. PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION (Not Used) END OF SECTION RESERVOIR 17-INTERIOR COATING REPLACEMENT PRODUCTS, MATERIALS,AND EQUIPMENT APRIL 2024 01600-2 SECTION 09960 STEEL RESERVOIR COATING SYSTEM PART 1-GENERAL 1.1 SCOPE The Work includes removing the existing interior coating, surface preparation, and installing a new interior coating for the City of Bremerton Reservoir 17, located at 400 Ridge Lane NE, Bremerton,WA 98311. The welded-steel one million gallon reservoir was constructed in 1976 and the interior last recoated in 1995. It is approximately 18.5 feet high and 95 feet in diameter. Access to the site is from a paved road heading east on NE Vena St, and then gravel access road to facility gate. The reservoir is located behind a secured-chain-link fence with locked gate. Aerial vicinity and location maps are included at the end of this section. The reservoir being coated must remain empty and off-line during the entirety of the blasting/coating work for that reservoir. Notify the City at least ten(10)calendar days prior to any coating activity to allow sufficient time to drain the reservoir. The City is solely responsible for operating valves and draining the reservoir. Low pressure water will be available at the site via a hydrant(reference paragraph 01500 1.1 C.). Specifically,the project work includes: • Staging and storing all equipment and materials within the fence line. • Setting up and maintaining an environmental control and ventilation for controlling the environment(dehumidification), containing debris and waste material, and for providing adequate ventilation for workers within the contained area. • Cutting and removing a door sheet/panel as needed, setting up ramps, and restoring and welding the door sheet. • Abrasive blasting to remove the existing interior coating and prepare the surface in accordance with SSPC-SP 10. • Application of new coating system to all interior steel surfaces of the reservoir, including roof, sides (shell),piping, ladders,rails,hatches, vents, and any other exposed steel surfaces on the reservoir interior. Do NOT coat the concrete base slab, • Curing and holiday testing of all coated surfaces to ensure proper application. • Cleaning and disinfecting the reservoir interior upon completion. See paragraph 3.1 B regarding important blasting requirements. 1.2 DEFINITIONS Specific coating terminology used in this Section is in accordance with definitions contained in ASTM D16,ASTM D3960, and the following definitions: A. Abrasive: Material used for blast cleaning, such as sand, grit or shot. B. Abrasive Blast Cleaning: Cleaning/surface preparation by abrasive propelled at high speed. C. Anchor Pattern: Profile or texture of prepared surface(s). D. ANSI: American National Standards Institute. E. Bug Holes: Small cavities,usually not exceeding 15 mm in diameter,resulting from entrapment of air bubbles in the surface of formed concrete during placement and compaction. F. Coating/Paint/Lining Thickness: The total thickness of primer, intermediate and/or finish coats. G. Coating System Applicator(CSA): A generic reference to the contractor or subcontractor RESERVOIR 17-INTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM APRIL 2024 09960-1 installing the coating systems specified in this Section. H. Coating System Manufacturer(CSM): Refers to the acceptable coating system manufacturer, abbreviated as the CSM. Also referred to as Manufacturer. I. Coating System Manufacturer's Technical Representative(s) (CTR): Refers to the technical representative(s) of the acceptable Coating System Manufacturer and is abbreviated as CTR. J. Dew point: Temperature of a given air/water vapor mixture at which condensation starts. K. Dry Film Thickness(DFT): Depth of cured film, usually expressed in mils(0.001 inch). L. Drying Time: Time interval between application and curing of material. M. Dry to Recoat: Time interval between application of material and ability to receive next coat. N. Dry to Touch: Time interval between application of material and ability to touch lightly without damage. O. Feather Edging: Reducing the thickness of the edge of paint. P. Feathering: Operation of tapering off the edge of a point with a comparatively dry brush. Q. Field Coat: The application or the completion of application of the coating system after installation of the surface at the site of the work. R. Hold Point: A defined point, specified in this Section, at which work shall be halted for inspection. Work shall not proceed past the Hold Point until accepted by the Owner and the OCI. S. Holiday: A discontinuity, skip, or void in coating or coating system film that exposes the substrate. T. Honeycomb: Segregated condition of hardened concrete due to non-consolidation. U. ICRI: International Concrete Repair Institute. V. Incompatibility: Inability of a coating to perform well over another coating because of bleeding,poor bonding, or lifting of old coating; inability of a coating to perform well on a substrate. W. Laitance: A layer of weak,non-durable concrete containing cement fmes that is brought to the surface through bleed water because of concrete finishing and/or over-finishing. X. Mil: 0.001 inch. Y. NACE: National Association of Corrosion Engineers. Z. Overspray: Dry spray,particularly such paint that failed to strike the intended surface. AA. Owner's Coating Inspector(OCI): A NACE Level 3 Certified Coating Inspector to be contracted by the Owner to inspect the coating application at Hold Points and other times as requested by the Owner. BB. Pinhole: A small diameter discontinuity in a coating or coating system film that is typically created by outgassing of air from a void in a concrete substrate resulting in exposure of the substrate or a void between coats. Also see Holiday. CC. Pot Life: Time interval after mixing of components during which the coating can be satisfactorily applied. DD. Resurfacer/Resurfacing Material: A layer of cementitious and/or resin-based material used to fill or otherwise restore surface continuity to worn or damaged surfaces. EE. Shelf Life: Maximum storage time for which a material may be stored without losing its usefulness. FF. Shop Coat: One or more coats applied in a shop or plant prior to shipment to the site of the work, where the field or finishing coat is applied. GG. Spreading Rate: Area covered by a unit volume of paint at a specific thickness. HH. SSPC: The Society for Protective Coatings. II. Stripe Coat: A separate coat of paint applied to all weld seems,pits,nuts/bolts/washers and edges by brush. This coat shall not be applied until any previous coat(s)have cured and, once applied, shall be allowed to cure prior to the application of the subsequent coat(s). H. Surface Saturated Dry(SSD): Refers to concrete surface condition where the surface is saturated(damp) without the presence of standing water. KK. Tie Coat: An intermediate coat used to bond different types of paint coats. Coatings used to improve the adhesion of a succeeding coat. RESERVOIR 17-INTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM APRIL 2024 09960-2 LL. Touch-Up Painting: The application of paint on areas of painted surfaces to repair marks, scratches, and areas where the coating has deteriorated to restore the coating film to an unbroken condition. MM. TPC: Technical Practice Committee. NN. Volatile Organic Compound(VOC) Content: The portion of the coating that is a compound of carbon, is photochemically reactive, and evaporates during drying or curing, expressed in grams per liter(g/1) or pounds per gallon(lb/gal). 00. Immersion: Refers to a service condition in which the substrate is below the waterline or submerged in water or wastewater at least intermittently if not constantly. PP. Weld Splatter: Beads of metal scattered near seam during welding. QQ. Wet Film Thickness (WFT): The primer or coating film's thickness immediately following application. Wet film thickness is measured in mils or thousandths of an inch(0.001 inch) and is abbreviated WFT. 1.3 REFERENCES This section contains references to the following documents. They are a part of this section as specified and modified. Where a referenced document contains references to other standards, those documents are included as references under this section as if referenced directly. In the event of conflict between the requirements of this section and those of the listed documents,the requirements of this section shall prevail. American Society for Testing and Materials (ASTM) • D4285, "Standard Test Method for Indicating Oil or Water in Compressed Air" • E337, "Standard Test Method for Measuring Humidity with a Psychrometer(The Measurement of Wet- and Dry-Bulb Temperatures)" • D16, "Standard Terminology for Paint, Related Coatings, Materials and Applications National Association of Corrosion Engineers (NACE International) • RP0287-02, "Field Application of Surface Profile of Abrasive Blast Cleaned Steel Surfaces Using A Replica Tape" • SP0188-2006, "Discontinuity Testing of New Protective Coatings on Conductive Substrates" National Institute of Standards and Technology • "Certified Coating Thickness Standards for Nonmagnetic Coating on Steel" The Society for Protective Coatings (SSPC) • PA 1, "Shop,Field and Maintenance Painting" • PA 2, "Measurement of Dry Paint Thickness with Magnetic Gages" • SP 1, "Solvent Cleaning" • SP 10, "Joint Surface Preparation Standard Near White Metal Blast Cleaning" • Technology Guide No. 6, "Guide for Containing Surface Preparation Debris Generated During Paint Removal Operations" • VIS 1, "Visual Standard for Dry Abrasive Blast Cleaning" RESERVOIR 17-INTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM APRIL 2024 09960-3 1.4 QUALITY CONTROL REQUIREMENTS A. The Contractor is responsible for the workmanship and quality of the coating system installation. Inspections by the Owner, OCI or the CTR will not relieve or limit the Contractor's responsibilities. B. Coating products shall be from a single manufacturer. C. The Contractor's methods shall conform to requirements of this specification and the standards referenced in this Section. Changes in the coating system installation requirements will be allowed only with the written acceptance of the Owner before work commences. D. The Contractor shall have minimum five(5)years of experience in performing the work described in this specification and shall have been in existence under the current company name for minimum three(3)years. The Owner may request supporting documentation for this requirement. E. Contaminated, outdated, diluted materials, and/or materials from previously opened containers shall not be used. F. For repairs,the Contractor shall provide the same product, or products recommended by the CSM, as used for the original coating. G. The Contractor shall identify the points of access for inspection by the Owner or OCI. The Contractor shall provide ventilation, ingress and egress, and other means necessary for the Owner, CTR, and OCI to safely access the work areas. H. The CTR shall attend the pre-construction meeting with the Owner, Contractor, and sub- contractor. Additionally,the CTR shall attend up to three(3) site meetings as requested by the Owner or OCI in order to inspect ambient conditions, surface preparation,coating application and curing, or for any other reason as requested by the Owner. I. Hold Points: Prior to moving past each Hold Point and continuing onto the next activity, the work must be inspected and approved by the OCI,which includes executing the Hold Point Completion form. The form requires signing off by both the Contractor and the OCI (or other City-authorized representative). The form is included at the end of this section and must be executed for each Hold Point. During blasting and priming,the form must be executed daily to ensure the blasted surfaces have been suitably cleaned for priming each day. J. The Contractor shall demonstrate the functionality and suitability of all equipment on the site to be used for the control of the environment, abrasive blasting, ventilation,coating application, and any other equipment requested by the Owner. It shall be demonstrated to the Owner that all equipment is functioning and correctly sized for its intended application. K. Upon request from the Owner,the Contractor shall provide written daily reports that include test data, status of equipment used, invoices for repair or maintenance of equipment, progress of work and any problems that were encountered, surfaces covered using visual display, ambient conditions, quality control inspection test findings,names and hours for employees worked and other information pertinent to the coating system installation. RESERVOIR 17-INTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM APRIL 2024 09960-4 1.5 DELIVERY AND STORAGE A. Materials shall be delivered to the job site in their original,unopened containers. Each container shall be properly labeled. Materials shall be handled and stored to prevent damage to or loss of label. B. Labels on the container shall include manufacturer's name,type of paint, brand name,brand code, coverage, surface preparation, drying time,cleanup,color designation, and instructions for mixing and reducing. Paint containers not displaying product identification will not be acceptable. C. Materials shall be stored in enclosed structures and shall be protected from weather and excessive heat or cold in accordance with the CSM's recommendations. Flammable materials shall be stored in accordance with state and local requirements. D. The Contractor shall store and dispose of hazardous waste according to federal, state and local requirements. This requirement specifically addresses waste solvents and coatings. 1.6 SUBMITTALS Provide in accordance with Section 01300: A. Product data sheets for coating system products. The data sheets should include the following information at a minimum: 1. Volatile organic compound(VOC) data. 2. Surface preparation recommendations. 3. Primer type, where required. 4. Maximum dry and wet-mil thickness per coat. 5. Minimum and maximum curing time between coats, including atmospheric conditions for each. 6. Curing time before submergence in liquid. 7. Acceptable cleaning and thinner solutions to be used with each coating. 8. Ventilation requirements. 9. Minimum atmospheric conditions during which the paint shall be applied, including but not limited to air and surface temperatures,relative humidity, wind velocity, and precipitation. 10. Allowable application methods. 11. Maximum allowable moisture content. 12. Storage requirements and maximum shelf life. 13. Interior color samples as requested by Owner. B. Safety Data Sheets (SDS) for materials to be delivered to the job site, including coating system materials, solvents, and abrasive blast media. C. Environmental Control, Containment and Ventilation Plan: The plan shall include equipment and methods to be used for controlling the environment(temperature,humidity), containing debris from abrasive blasting, and providing adequate ventilation during the work. This plan shall include technical data sheets for all equipment and materials being used. The plan shall include calculations for sizing air dryers, dehumidifiers, and other air moving/drying equipment. This plan must be approved in writing by the City prior to the start of blasting work. See Section 3.2 for additional information. RESERVOIR 17-INTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM APRIL 2024 09960-5 1.7 RESPONSIBILITIES OF OWNER'S COATING INSPECTOR(OCI) The Owner is contracting with a NACE Level 3 Certified Coating Inspector(the OCI) for quality assurance inspection during the work and to conduct inspections and approval at Hold Points during the work. Responsibilities of the OCI will include: A. Attend pre-construction meeting and additional meetings as requested by the Owner. B. Conduct Hold Point inspections and approvals. C. Inspect materials upon receipt to ensure that they are supplied by the CSM. D. Inspect to verify that specified storage conditions for the coating system materials, solvents, and abrasives are provided. E. Inspect and record findings for the degree of cleanliness of substrates. F. Inspect and record substrate profile(anchor pattern). G. Measure and record dry bulb, wet bulb, and substrate temperature. H. Measure and record dew point and relative humidity. I. Inspect to verify that correct mixing of coating system materials is performed in accordance with CSM's instructions. J. Inspect,confirm, and record that the"pot life" of coating system materials is not exceeded during installation. Inspect to verify that recoat limitations for coating materials are not exceeded. K. Measure and record the thickness of the coating system. L. Inspect to verify proper curing of the coating system in accordance with the CSM's instructions. M. Witness holiday testing of all coated surfaces. 1.8 HOLD POINT INSPECTIONS The OCI shall complete inspection at the following hold points. The Contractor shall not proceed beyond the hold point inspection until verification that the requirements pertaining to that hold point have been met. Approval of a Hold Point is given when the OCI(or other authorized City representative) and Contractor execute the Hold Point Inspection Form. The Contractor shall provide the Owner with a minimum of 12 hours of notice prior to the time when the hold point inspection is to be completed. The Hold Point#'s and description of each are as follows. The Hold Point Inspection Form is included at the end of this section. Instructions are included on the form. A form must be executed for each Hold Point prior to moving on to the next activity. RESERVOIR 17-INTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM APRIL 2024 09960-6 HOLD POINT INSPECTION TABLE Hold Activity Description Point# 1 Setup of equipment, containment,dehumidification,and ventilation system. Prior to commencing surface preparation,the Contractor shall set up equipment,containment, and ventilation systems in accordance with the plan prepared and submitted in accordance with paragraph 1.6 C. The Contractor shall demonstrate the functionality and suitability of all equipment and systems and any other equipment as requested by the OCI, including but not limited to the dehumidifier, air dryer, generator, abrasive blasting equipment,compressors, paint pots, and lifts. It shall be demonstrated to the OCI that all equipment is functioning and correctly sized for the application. DO NOT PROCEED UNTIL ALL EQUIPMENT AND THE CONTAINMENT,VENTILATION,AND DEHUMIDIFICATION SYSTEMS HAVE BEEN INSPECTED AND ACCEPTED BY THE OCI. 2 Surface Preparation and Priming: Ongoing daily inspection of surface preparation for proper degree of cleanliness and surface profile(SP-10)prior to application of the prime coat. 3,4,5,6 Inspection of Prime,Intermediate, Stripe,and Final Coat Application.Upon completion of each coat of prime, intermediate, stripe, and final coat(Hold Points 3 through 6,respectively),the OCI shall inspect,measure, and record the dry or wet film thickness and general film quality(visual inspection) for lack of runs, sags,pinholes, holidays, etc. The Contractor shall not apply the next coat until all deficiencies have been corrected,the current coat has been accepted by the OCI, and it is sufficiently cured for recoat per the manufacturer's recommendations. 7 Post-cure testing: The OCI shall measure and inspect the overall dry film thickness, as well as holiday detection, or cure testing as required per the specific requirements in this Section and/or per the CSM's recommendations. The Contractor shall correct all deficiencies identified by the OCI and allow for re-inspection of corrective action performed to repair any defects. 1.9 WARRANTY INSPECTION A one(1)year warranty inspection will be conducted during the 12th month after the coating work has been completed. The Contractor and a representative of the coating material manufacturer shall attend this inspection. All defective work shall be repaired in accordance with these specifications and to the satisfaction of Owner. Owner may,by written notice to Contractor,reschedule the warranty inspection to another date within the one year warranty period. 1.10 CATHODIC PROTECTION(CP) INFRASTRUCTURE A galvanic anode cathodic protection system was installed in the interior of Reservoir 17 in 2018 for corrosion control of the submerged surfaces. The system was constructed with a series of magnesium ribbon/rod anodes that extend down into the reservoir with lead wires spliced to a common header cable terminating in an anode junction box. The anode junction box is mounted to the roof(exterior) of the reservoir adjacent to the access hatch. A structure negative return cable is also routed into the anode junction box. • Prior to the work, the CP system installer will remove the anodes, but the cable wire support system near the interior roof will remain in place. • The Contractor shall carefully work around the cables as needed to perform the work. Do not directly blast the cables or support hardware(nuts,bolts,and washers). • The cables do not require masking to protect from incidental coating. RESERVOIR 17-INTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM APRIL 2024 09960-7 • Mask the hardware(nuts/bolts/washer). Hand tool for paint removal around hardware to ensure complete removal. PART 2--PRODUCTS 2.1 APPROVED COATING MANUFACTURER AND PRODUCTS The following table lists acceptable products and coating thicknesses. TNEMEC Coating DFT(mils) Coating Product Minimum Maximum Primer Series 94 H2O 2.5 3.5 Stripe Series N140 3.5 4.5 Intermediate Series 21 6 8 Top Coat Series 21 6 8 Surface filler: Series 215 Epoxy Filler Substitute or"Or-Equal" Submittals for coating systems—The City will consider coating systems from other manufacturers(e.g. Sherwin Williams)than listed. However,the Contractor must provide documentation that the substitute coating system is equivalent or better in quality and thickness than the specified system. Such documentation shall be from the product vendor and shall include: 1) Product technical data sheets; 2)List of three recent projects where the system has been used for coating the interior of steel potable water tanks from the product vendor; 3)Written statement from the coating system manufacturer(not the product vendor)that the system meets the specified requirements and is equivalent or better than the listed system. PART 3--EXECUTION 3.1 GENERAL A. The coating system shall consist of three coats: 1)Zinc-rich primer coat;2)Two-part epoxy intermediate coat; 3) Two-part epoxy top coat. Coatings thicknesses shall be as described in Paragraph 2.1. Do not begin the next coat until the previous coat has cured and the Hold Point has been accepted by the OCI. B. No blasted surface shall go uncoated for more than 4 days. For example,surfaces blasted on a Monday must be coated by end-of-business Friday. Any blasted surfaces must be coated by the end of the same work week and must not be left uncoated over the weekend.The Contractor must be able to demonstrate that they are maintaining RESERVOIR 17-INTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM APRIL 2024 09960-8 an environment that will not allow flash rust. In order to advance past Hold Point#1 and begin blasting/coating, the Contractor must demonstrate to the City's NACE III Inspector that the environment has been controlled/dehumidified using the proper equipment. No exceptions will be made to this requirement.Ensure to bid accordingly. See paragraph Abrasive blasting and prime coating of that area shall be done on the same day. Blasting all surfaces until the surface has been prepared in entirety,followed by applying the prime coat in entirety,will not be permitted.No exceptions will be made to this requirement. C. Each successive coating shall be a different light color than the previous coating to allow for visual verification of coverage. Submit colors to be used to City for approval prior to starting work. D. Topcoat shall match Tnemec White(RGB 248/253/254). E. Stripe Coat: Apply an epoxy stripe coat between the intermediate coat and top coat at gaps, connections, welds, and where ladders, piping,hatches, and vents attach to the reservoir interior, and all other locations where spraying may not have coated the steel in entirety. The stripe coat must be hand-applied using brushes only using back and forth strokes to ensure that the coating is worked into all irregular surfaces. F. Weld-slag removal: Grind down any weld slag/splatter daily in the blasted area prior to applying prime coat. Ensure removal of any contamination on the metal surface generated from weld-slag removal prior to applying prime coat. Weld-slag removal shall be considered incidental to Bid Item#1. G. Filling in voids: After application of the prime coat, fill in noticeable voids and gaps on the reservoir shell and roof using the epoxy surface filler and where directed by the OCI and in accordance with the manufacturer's recommendations. All costs for filling in voids and gaps shall be considered incidental to other bid items. H. Do not prime coat the blasted surface until the surface has been inspected by the OCI and the Hold Point form has been executed. The Contractor shall schedule their work with the OCI accordingly. I. Do not coat over visible rust bloom or contaminated surfaces. If, for any reason,rust bloom appears on the interior surface to be coated,restore that surface to a near white metal blast (SSPC-SP 10). J. At the beginning of the project after the reservoir is emptied, City staff will open all side hatches and remove the hardware and gaskets. The Contractor shall prepare and coat each bolt hole opening and gasket surface. City staff will reinstall new hardware and gaskets prior to placing the reservoir back into service. During the work, keep the access hatches closed using wire or nuts/bolts. K. Ensure that the surfaces are clean, dry, and free of contamination prior to all coating applications. Protect all coated surfaces from damage during the curing process. L. During the work, inspect the condition of all hardware, vents, and screens and notify the City of any deficiencies or possible failures. Material and labor for hardware, vent, or screen replacement directed by the Owner will be paid via Force Account. RESERVOIR 17-INTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM APRIL 2024 09960-9 M. Cover all openings to the interior of the reservoir to prevent overspray or abrasive blasting materials from entering the reservoir. In the event that paint spray,material generated from abrasive blasting, or other debris enter the reservoir,the Contractor shall clean and disinfect the reservoir interior in accordance with AWWA C652 and be responsible for all associated costs. However,maintain one unobstructed open vent at all times while performing the work in order to prevent vacuum conditions within reservoir. Do not cover vents while filling or draining operations are occurring. N. For the roof center vent,unbolt and remove the vent and screens and cover/plug the center opening. Coat the vent and cover while removed from the center opening in order to ensure adequate coverage. O. Restoration of the exterior door panel welds and any damaged areas shall match existing coating product and color(3-coat system). Tnemec Series N69 for base coat and mid-coat, Tnemec Series 1095 for top coat. Top coat color shall match Tnemec Foliage(RGB 62/66/44). 3.2 ENVIRONMENTAL CONTROL, CONTAINMENT AND VENTILATION A. Prepare and submit an environmental control,containment and ventilation plan per paragraph 1.6 C. The plan shall be prepared in accordance with SSPC— Guide 6: Guide for Containing Surface Preparation Debris Generated During Paint Removal Operations 1. Containment type shall be Class 2B per 4.2.2.2 of SSPC-Guide 6. 2. Containment materials shall be air impenetrable. 3. Per Section 5.5, Method for Assessing Quantity of Emissions shall be: o Method A-Visible Emissions: General Surveillance o Method G—Visual Assessment of Site Cleanliness o Method B—Ambient Air Monitoring for PM-10 may be required by the City if there are concerns about air quality due to the Contractor's containment practices. All costs for air monitoring shall be borne by the Contractor. 0 4. Ventilation system shall be Controlled Air Supply(5.4.1.1) with Forced Air(5.4.2.1) B. The Contractor shall have an electronic data monitor that measures air and surface temperature, dew point, and relative humidity mounted at all times within the containment area. The monitoring data must be made available to the Owner or OCI at any time upon request. C. Coatings systems shall not be applied during rainy,misty weather, or other conditions which could lead to surfaces upon which there is frost or moisture condensation. During damp weather, when the temperature of the surface to be coated is 10 degrees F above the dew point and falling, forced dehumidification equipment may be used to maintain a temperature of minimum 40 degrees F and 10 degrees F above the dew point for the surfaces to be coated,the coated surface, and the atmosphere in contact with the surface. NOTE: Coatings shall not be applied when the surface temperature is less than 5 degrees above the dew point. D. During abrasive blasting and prior to application of the prime coat,the maximum relative humidity shall not exceed 70%. After application of the first coat,the maximum relative RESERVOIR 17-INTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM APRIL 2024 09960-10 humidity shall not exceed 80%. Waiver of these values by the OCI must be in writing. Where conditions causing condensation are severe, dehumidification equipment, fans, and/or heaters shall be used inside enclosed areas to maintain the required atmospheric and surface temperature requirements for proper coating application and cure. 3.3 SURFACE PREPARATION A. TANK WASH Prior to blasting and before set up of the containment system,thoroughly wash the entire interior of the reservoir. B. ABRASIVE BLAST CLEANING 1. The steel surfaces scheduled for coating shall be prepared to the SSPC-SP 10 standard("near white metal blast cleaning"). Preparation of metallic surfaces shall be based upon comparison with SSPC-VIS1-89 (ASTM D2200). The abrasive used shall be washed, graded and free from contaminants that might interfere with the adhesion of the coatings. Used or spent blast abrasive shall not be reused on this project. 3. The compressed air used for blast cleaning shall be filtered and shall contain no condensed water and no oil. Verification shall be completed in accordance with ASTM D4285 prior to the start of abrasive blasting work each day. Moisture traps shall be cleaned daily or more frequently as required to prevent moisture from entering the supply air to the abrasive blasting equipment. 4. Oil separators shall be installed just downstream of compressor discharge valves and at the discharge of the blast pot discharges. These shall be checked on the same frequency as the moisture traps as defined in item 3 above. The Contractor shall maintain an inspection log for tracking moisture trap and oil separator cleaning, which shall be made available to the Owner immediately upon request. 5. Regulators, gauges, filters, and separators shall be in use on compressor air lines to blasting nozzles times during this work. 6. An air dryer or desiccant filter drying unit shall be installed which dries the compressed air prior to blast pot connections. This dryer shall be used and maintained for the duration of surface preparation work. 7. The abrasive blast nozzles used shall be of the venturi or other high velocity type supplied with a minimum of 100 psig air pressure and sufficient volume to obtain the blast cleaning production rates and cleanliness/specified. 8. If, between final surface preparation work and coating system application,contamination of prepared and cleaned metallic substrates occurs, or if the prepared substrates' appearance darkens or changes color, surfaces shall be cleaned in accordance with SSPC-SP 1 and then abrasively blasted in accordance with SSPC-SP 10 until the specified degree of cleanliness is reclaimed. 9. The Contractor is responsible for dust control and for protection of mechanical, electrical, and other equipment adjacent to and surrounding the work area. 10. Particular care shall be given to the cleaning of all crevices, corners, and edges of all structural shapes,piping conduits, ladder, and all other appurtenances. All paint,mill scale, rust,corrosion products, and any other deleterious foreign attachments on the steel shall be completely removed from the surface of the metal. RESERVOIR 17-INTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM APRIL 2024 09960-11 11. Mill scale removal: Where the Contractor encounters mill scale, it shall be removed. The extent of mill scale on the tank is unknown. Removal techniques include abrasive blasting, hand scraping, and rotary grinders. Once removed,the surface under the mill scale must be prepared in accordance with the anchor profile and surface cleanliness requirements of this specification. Mill scale removal is considered incidental. 12. All materials and waste byproducts associated with abrasive blasting shall be contained within the reservoir containment area. 3.4 APPLICATION A. WORKMANSHIP: 1. Coated surfaces shall be free from runs, drips, ridges, waves, laps, and brush marks. Coats shall be applied to produce an even film of uniform thickness completely coating corners and crevices. 2. The Contractor's equipment shall be designed for application of the materials specified. Compressors shall have suitable traps and filters to remove water and oils from the air. A paper blotter test shall be performed in accordance with ASTM D4285 by the Contractor when requested by the Owner to determine if the air is sufficiently free of oil and moisture so as not to produce deteriorating effects on the coating system. This is in addition to the required testing to be conducted prior to the start of each days blasting operations. Spray equipment shall be equipped with mechanical agitators,pressure gages,pressure regulators, and spray nozzles of the proper sizes. 3. Each coat shall be applied evenly and sharply cut to line. Care shall be exercised to avoid overspraying or spattering paint on surfaces not to be coated. 4. Coating applications method shall be conventional or airless spray,brush or roller,or trowel as recommended by CSM. Coatings shall not be applied to a surface until it has been prepared as specified. Coats for blast-cleaned ferrous surfaces and subsequent coats for nonblast-cleaned ferrous surfaces may be either brush or spray applied. 5. Allow each coat to cure or dry thoroughly, according to CSM's printed instructions, prior to recoating. Items that have been coated shall not be handled, worked on, or otherwise disturbed,until the coating is completely dry and hard. 6. Where two or more coats are required, alternate coats shall contain sufficient compatible color additive to act as indicator of coverage, or the alternate coats shall be of contrasting colors. Color additives shall not contain lead, or lead compounds, which may be destroyed or affected by hydrogen sulfide or other corrosive gas, and/or chromium. 7. When coating complex steel shapes,apply a stripe coat after the prime coat for welds,edges of structural steel shapes, bolts, joints, metal cut-outs, pits in steel surfaces, or rough surfaces with the primer coat. This involves applying a separate coat using brushes or rollers to ensure proper coverage. Stripe coat paint may be sprayed on but then shall be brushed and rolled to provide coverage. 8. Painters shall routinely measure the wet film thickness of the coating during application using a comb type WFT gauge. This is to ensure that proper dry film thickness requirements are met. Repair areas of measurement after readings are taken. RESERVOIR 17-INTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM APRIL 2024 09960-12 9. Contractor shall NOT apply coatings under the following conditions: • Temperature exceeding the manufacturer's recommended maximum and minimum allowable. • Dust or smoke laden atmosphere. • Damp or humid weather that results in wet surfaces. • When the air temperature is expected to drop below 40° F or less than 5° F above the dewpoint. • Relative Humidity greater than 80% during abrasive blasting and prior to application of first coat. • Relative Humidity greater than 80% after prime coat has been applied. • When wind conditions are not calm. B. COATING PROPERTIES, MIXING AND THINNING: Coatings, when applied, shall provide a satisfactory film and smooth even surface. Coating materials shall be thoroughly stirred, strained, and kept at a uniform consistency during application. Coatings consisting of two or more components shall be mixed in accordance with the CSM's instructions. Where necessary to suit the conditions of the surface,temperature, weather and method of application, the coating may be thinned as recommended by the CSM immediately prior to use. The volatile organic content(VOC) of the coating as applied shall comply with prevailing air pollution control regulations. Unless otherwise specified,coatings shall not be reduced more than necessary to obtain the proper application characteristics. Thinner shall be as recommended by the CSM. Glossy undercoats shall be lightly sanded to provide a surface suitable for the proper application and adhesion of subsequent coats. C. FILM THICKNESS AND CONTINUITY: 1. The WFT of each coat shall be verified by the Contractor. The DFT of each coat shall be verified by the Contractor and OCI. 2. The completed coating system shall produce a minimum dry film thickness in accordance with these specifications. Verification of proper DFT will be per SSPC-PA 2. In areas where required thickness is not obtained, sufficient coats shall be applied to produce the required coating thickness. In areas where excess thickness is noted, remove excess thickness to the required surface preparation and reapply. 3. The ability to obtain specified film thickness is generally compromised when brush or roller application methods are used and,therefore,more coats may need to be applied to achieve the specified dry film thickness. 4. The completed coating on the interior metal surfaces of the reservoir shall be inspected by the Contractor in the presence of the OCI and/or Owner for pinholes and holidays with a Tinker and Rasor Model Ml non-destructive type holiday detector, K-D Bird Dog, or equal. The unit shall operate at less than 75 volts. A non-sudsing type wetting agent such as Kodak Photo-Flo or equal shall be added to the water prior to wetting the detector sponge. Areas found to contain pinholes or holidays shall be repaired and recoated in accordance RESERVOIR 17-INTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM APRIL 2024 09960-13 with manufacturer's recommendations and these specifications. Kitsap County Farigr unds&-Elents... 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RESERVOIR 17 VICINITY MAP RESERVOIR 17-INTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM APRIL 2024 C898614 REV'VOIR COATING-HOLD POINT INSPECTION;ORM INSTRUCTIONS: THIR FORM MUST SE COMREENED ROO EXECUTED AT EACH HOLD1)01ST ROPECTOSI THE CONTRACTOR MUST PASS THE CURRENT POLO POAFT ASPECTON IN ORDER TO CONONHE ONTO THE NEXT PHASE OF THE WORK THE CORM LL BE ADMINISTEREDEH THE CITP"S NACE LEVEL INSPECTOR(OR STAFF INSPECTOR AND MUST BE SUBMITTED TOTHECITC DATE OF INSPECTION: RESERVOIR a: INTERIOR I EXTERIOR ROW POINTS: DESCRIPTION OF CURRENT Fra POINT INSPECTION: NAME OF NAcE LEVEE S INSPECTOR: NAME OR CITY INSPECTOR: NAME OR REINTOICFOR: NAME OF CONTRACTOR REPRESENTATIVE: IS THIS A RE-INSPECTION OR A HOED POINT? V / N (CIRCLE ONE) RESULTS OF INSPECTION: PASS ( FAIL (CIRCLE ONE) INDICATE THE REASON TOR FAIUIRE,OR/SORROW-RONAL NOTES HERE: SIGNATURE INACE LEVELS D¢PECTORI SIGNATURE ICTY INSPECOP,IF PRESENT DURING INSPECTION) SIGNATURE(CONTRACTOR REPRESENTATIVE PRESENT DOR)NG TNuNSPECmN) END OF SECTION RESERVOIR 17—INTERIOR COATING REPLACEMENT STEEL RESERVOIR COATING SYSTEM APRIL2024 C0980-15 SECTION 09980 STEEL RESERVOIR EXTERIOR CLEANING PART 1-GENERAL 1.1 SCOPE This section describes the work, quality control requirements,and coordination required to clean and spot repair the exterior coating of selected City steel potable water reservoirs. The extent of the exterior coating spot repair is currently unknown and will be determined by the Owner after cleaning has been completed. The spot repair will be done at the direction of the Owner and paid for via the force account bid item. PART 2—PRODUCTS—Not Used PART 3—EXECUTION 3.2 SUMMARY OF WORK The work includes cleaning the exterior and spot repairing the coating of the steel potable water reservoirs identified in the table in this section. The reservoirs are owned,maintained, an operated by the City of Bremerton. A description and location of each reservoir is included in the following table. east Coated Dimensions&Volume Sit. lON 1997 66' Diameter. 39.5' High; 1 MG 5785 Imperial Way SW 10S 1997 30' Diameter, 39.5' High; .21 MG 5785 Imperial Way SW 15 1997 81' Diameter, 26.25; High; 1 MG 1925 Cheryl St 16 2016 95' Diameter, 18.5' High; 1 MG 260 Sugarpine Dr 17 2018 95' Diameter, 18.5' High; 1 MG 400 Ridge Ln 20 2018 95' Diameter, 18.5' High; 1 MG 400 Ridge Ln 21 2017 95' Diameter, 59.5' High; 3 MG 2111 Austin Dr 23 2004 75' Diameter, 32' High; 1 MG 1000 Road,Watershed 3.3 REQUIREMENTS AND RESTRICTIONS 1) EXTERIOR RESERVOIR CLEANING WITH POTABLE WATER. Clean the exterior of each reservoir in entirety to the satisfaction of the Owner, including sides, lids, ladders, stairs, vents, piping,etc,to remove all biological material,dirt,salt,and loosely adhered paint.Use water,brushes, biodegradable and phosphate-free detergent, salt-removing agent, and other equipment and materials. Do not use any equipment that will further damage the paint surface. a) Provide all equipment, including lifts and ladder,to get full access to reservoir exterior surfaces. b) If pressurized water is used, the water pressure shall be set to remove contaminants on the RESERVOIR 17-INTERIOR COATING REPLACEMENT STEEL RESERVOIR EXTERIOR CLEANING APRIL 2024 09980-1 reservoir surface while minimizing stripping loose paint away unnecessarily. The water pressure must not cause damage to intact coating. c) For already loose paint, set up containment system to control paint chips from leaving the site and entering the ground. City staff must be notified to visually inspect the containment to ensure adequacy prior to starting power washing activity. Do not start work before City inspects the containment system. d) All water generated from the washing activity must be retained on-site to discharge to ground or be vacuumed up. Cover storm drain inlets during washing activity. e) Vacuum up and brush the ground to remove any loose paint chips upon completion. The cleaning shall not be considered complete until paint chips have been removed from the ground to the satisfaction of the Owner. 2) SURFACE PREPARATION FOR COATING.Where the paint has failed and at areas determined by the City for spot coating repair,prepare the surface for coating using SSPC-SP1 (solvent cleaning) and SSPC-SP3(power tool cleaning). Confirm all locations to be prepared in the field with the Owner prior to preparation. 3) SPOT REPAIR COATING SYSTEM a) Apply two-coat coating system at failed locations on the tank exterior. b) Base coat shall be Tnemec Pota-Pox Series FC20 or Sherwin Williams Corothane I Mio- Aluminum. Coating DFT shall be between 4 and 6 mils. c) Topcoat shall be Tnemec Series 73 Endura-Shield or Sherwin Williams Corothane I HS Aliphatic Finish Coat.Coating DFT shall be between 3 and 5 mils. Closely match polyurethane topcoat color to adjacent existing coating. Submit proposed color to City for approval prior to applying coating. d) Alternatives to this proposed coating spot repair system must be submitted to the City and approved prior to use. 4) COATING QUALITY CONTROL REQUIREMENTS a) The Contractor is responsible for the workmanship and quality of the coating system installation. The Contractor's methods shall conform to requirements of this specification and the manufacturer's standards of preparation and application. b) Submit manufacturer technical data sheets,application instructions,and SDS for all products used on the project. c) The City Inspector will inspect the surface preparation for compliance with the specification. Do not apply coating until the surface preparation has been accepted by City staff. d) Measure and confirm the dry film thickness(DFT)at each location.Where DFT requirements are not met,prepare and reapply the coating system. The Owner's Inspector may request spot checks of DFT at selected locations to confirm thickness. RESERVOIR 17-INTERIOR COATING REPLACEMENT STEEL RESERVOIR EXTERIOR CLEANING APRIL 2024 09980-2 RESERVOIR MAINTENANCE LOCATIONS Reservoir Maintenance Locations N " itI .W ipp • 7 Y_�]I,''�.. t xe..wb ION f txar.w.im xe..wv lx • — C Wmb END OF SECTION RESERVOIR 17-INTERIOR COATING REPLACEMENT STEEL RESERVOIR EXTERIOR CLEANING APRIL 2024 09980-3 APPENDIX A — Construction Forms RESERVOIR 17—INTERIOR COATING REPLACEMENT App.A—Construction Forms APRIL 2024 A-1 ACCEPTANCE OF COMPENSATION &RELEASE OF ALL CLAIMS <Project Title> <City Project Number>-<City Construction Contract Number> <CONTRACTOR>,hereby indicates agreement with,and acceptance of,the fmal Contract Payment of <$000,000>, the total Contract Price of<$000,000,000>, including Washington State sales and/or use taxes, and the final Contract Time of <NNN Days>, as full and final compensation for all Work performed in connection with Contract Number <City Construction Contract Number>, and does hereby release the City of Bremerton from all claims, liability, demands, damages and actions of any kind whatsoever,arising from performance of that Contract. <CONTRACTOR> By: Date: Title: Certificate of Notary Subscribed and sworn to before me this day of RESERVOIR 17—INTERIOR COATING REPLACEMENT App.A—Construction Forms APRIL 2024 A-2 0 » } » } / : ) : \ ) = } k 0_ c : kE % � % 0 ) & _ Wo 2 }2 ) 2 8 ( 488 2 : . 6 ) / J}) a } ¥ a. { 15 ) `/ k c ®3 2 j, \ // \ } Am .. : [ } . . . . . . . . . . . . . : 0 // 0 } 1 t k $ _ « . . . . } o ® L. 0 al o ° ` T Co rn - . o 0 3 ° � k k o u a O . z ■ . Fg C cc \ E E / ° § ® m - $ P o _ g4° _ co - alLO , \ , : >1%, S >, t £ 01) _ 33 I C.) w 0 ƒ 2 RESERVOIR 17-INTERIOR COATINGREPLACEMENT App.A-Construction Forms RIL 2024 A-3 gPublic Works and Utilities Department 345 6th Street,Suite 100• Bremerton,WA 983 • (360)473-5270 • FAX(360)473-5398 Request for Information Date: Request No.: Project: Project No.: Contractor: Information Request Initiated By: Regarding: Specification Section: Request:(For Contractor's Use) Prepared By: Date: Response Assigned To: Project Manager Project Engineer Resident Project Representative Response:(For City's Use) Signed: Date: cc: RESERVOIR 17—INTERIOR COATING REPLACEMENT App.A—Construction Forms APRIL 2024 A-4 � ))❑❑❑❑❑LLL O - \ r \ — — — Q T� 0 � 7}❑❑❑❑❑LE❑ - f\ /2 " ci g / % ! — — m fl nD❑❑E:E » (±. = a k � ƒ ° ) § / _ k } / 2 ) : ) -\)❑❑❑❑❑ I I ` = 0« g\ j /� / }/\\ k k Er cr / E « ; ) \ \ T. \ / \ \\ - ° ` E ! - e ] i\ | $ ) 2 T2 2 7 ° 2 ! { !f!\ ; §§ ; ig• A , \ n) | | t } $t - _ j2- - _ )i ; : 42} j § t ) )( E ) } \ o Ioo . / k §k \ \\ \ ) B.E \ /-3 \\ \ \ \-. \} \ ( \ { ) kk { - ; § ;{ 7 ! $ ] {2 = ` = � � - cr' r 'M - Q 4 ) t E 2� E ee [ ! E �_ c a - ) . 2 C2 ) 2 f \) i � �o / 6 - § ` a \ ) e § co RESERVOIR 17-INTERIOR CO ING REPLACEMENT App.A-Construction Forms RIL 2024 A-5 Project Name: CITY OF BREMERTON Project#: Contractor: WORK CHANGE DIRECTIVE(WCD) NTP Date: WCD #: Date: YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): ATTACHMENT(S): If a claim is made that the above change(s)have affected Contract Price or Contract Times any claim for a Change Order is based thereon will involve one or more of the following methods of determining the effect of the change(s). The Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications,or Article 10 of the General Conditions. Method of determining change in Contract Price: Method of determining change in Contract Times: ❑ Unit Price ❑ Contractor's Records ❑ Lump Sum ❑ Engineer's Records ❑ Time&Materials ❑ Other: ❑ Other: Estimated increase(decrease)in Contract Price: Estimated increase(decrease)in Contract Times: $ Substantial Completion: days; If the change involves an increase,the estimated Ready for final payment: days; amount is not to be exceeded without further If the change involves an increase,the estimated times authorization. are not to be exceeded without further authorization. RECOMMENDED: AUTHORIZED: CONTRACTOR CITY OF BREMERTON By: By: PAGE 1 OF I RESERVOIR 17—INTERIOR COATING REPLACEMENT App.A—Construction Forms APRIL 2024 A-6 MARKPRE-01 NPACE ACorzv4 CERTIFICATE OF LIABILITY INSURANCE DATDIYYYY) �..-■-''� 7/19/21912024 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 Angelo Zervos NAME: ZGI LLC PHONE FAX 900 Wilshire Drive,2nd Floor,Suite 256 (A/C,No,Ext): (A/C,No): Troy, MI 48084 E-MAIL ESS:Angelo@zervosins.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Beazley Syndicates INSURED INSURER B: Markleys Precision Company LLC INSURER C: 1884 Prospect Rd INSURER D: New London,OH 44851--9531 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MMIDDIYYYY) (MMIDDIYYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X ENC0011228 4/10/2024 4/10/2025 PREMISEs(Ea occurrence) $ 300,000 X Contractual MED EXP(Any one person) $ 25,000 X X,C,& U PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PE4 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILECOMBINED SINGLE LIMIT LIABILITY (Ea accident) $ ANY AUTO BODILYINJURY(Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ A UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESSLIAB CLAIMS-MADE X x ENX0011229 4/10/2024 4/10/2025 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N IA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab ENC0011228 4/10/2024 4/10/2025 $1M1$2M A Pollution Liab ENC0011228 4/10/2024 4/10/2025 $1M1$2M DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Proof of Insurance THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Effective Date: 4/10/2024 Policy Number: ENCoo11228-ol Endorsement Number: zo BLANKET NOTICE OF CANCELLATION TO CERTIFICATE HOLDER This endorsement modifies insurance provided under all coverages applicable to this policy. All other terms and conditions of this Policy remain unchanged. In consideration of the premium charged for the Policy, it is hereby understood and agreed that in addition to the provisions of the CANCELLATION AND NONRENEWAL clause, in the event this Policy is cancelled or non-renewed by the Underwriters,the Underwriters will endeavor to deliver to the following listed party(ies) or to send to the following listed party(ies) by facsimile transmission, registered, certified or other first class mail, at the address stated below, written notice stating when not less than 3o days after the date of such notice the cancellation or non-renewal shall be effective. However, this advance notification of pending cancellation of coverage is intended as a courtesy only. Underwriters' failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Certificate Holders: All Certificate holders where this endorsement is required by contract and as kept on file with the Agent of Record. EVA123B 03/2022 Page 127 Effective Date: 4/10/2024 PolicyN umber: EN Coo11228-ol Endorsement Number: 5 ADDITIONAL INSURED —OWNERS, LESSEES OR CONTRACTORS— SCHEDULED PERSON OR ORGANIZATION In consideration of a premium change of, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Name of Additional Insured Person(s)Or Location(s)of Covered Operations Organization(s): As required by written contract. As required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II —Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s) designated above. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or"property damage" occurring after: CG 20 10 07 04 ©Insurance Services Office, Inc. Page 103 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or 2.That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ©Insurance Services Office, Inc. Page 104 Effective Date: 4/10/2024 PolicyN umber: EN Coo11228-ol Endorsement Number: 6 ADDITIONAL INSURED —OWNERS, LESSORS OR CONTRACTORS— COMPLETED OPERATIONS In consideration of a premium change of, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Name Of Additional Insured Person(s)Or Location And Description Of Completed Organization(s): Operations As required by written contract. As required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II —Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury" or"property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the"products- completed operations hazard". CG 20 37 07 04 ©Insurance Services Office, Inc. Page 105 Effective Date: 4/10/2024 PolicyN umber: ENCoo-1228-0i Endorsement Number: 4 PRIMARY/NON-CONTRIBUTORY- OTHER INSURANCE CON DITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. SCHEDULE: Specific Entity to Schedule if required - As required by written contract. CG 20 01 04 13 ©Insurance Services Office, Inc. Page 102 Effective Date: 4/1o/2024 PolicyN umber: ENCoo11228-ol Endorsement Number: 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Name of Person or Organization: As required by written contract. All Person(s)Or Organization(s)where this endorsement is required by contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV- COMMERCIAL GENERAL LIABILITY CON DITIONS)is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 ©Insurance Services Office, Inc. Page 107 Effective Date: 4/10/2024 PolicyN umber: ENCoo11228-0l Endorsement Number: 10 DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT In consideration of a premium change of_, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Designated Projects: Project: As required by written contract The aggregate limit amount is capped at $2,000,000 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I ), and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project,and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of"bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical 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". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated CG L160 12/2016 Page 109 construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I ), and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project 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 Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance(SECTION III ) not otherwise modified by this endorsement shall continue to apply as stipulated. CG L160 12/2016 Page 110 COMMERCIAL EXCESS LIABILITY INSURANCE THIS POLICY MAY PROVIDE CLAIMS MADE COVERAGE UNDER COVERAGE A., CERTAIN PROVISIONS IN THIS POLICY RESTRICT COVERAGE. READ THE ENTIRE POLICY CAREFULLY TO DETERMINE YOUR RIGHTS AND DUTIES, AND WHAT IS AND IS NOT COVERED. The word "Insured"means any person or organization qualifying as such in Underlying Insurance. Words and phrases that appear in bold have special meaning. Refer to DEFIN ITIONS(Section VII). In consideration of the payment of the premium, and in reliance upon the statements in the Application and subject to the Limits of Liability, exclusions, conditions and other terms of this Policy, the Underwriters agree with the Insured as follows: I. COVERAGES A. Excess Following Form Liability Insurance The Underwriters will pay on behalf of the Insured that portion of Ultimate Net Loss in excess of the Retained Limit which the Insured becomes legally obligated to pay as Damages because of any Claim or Suit to which this Policy applies, due to: 1. liability imposed upon the Insured by law; or 2. liability assumed by the Insured under an Insured Contract. This Coverage A. applies to Ultimate Net Loss to the extent covered by Underlying Insurance but in excess of the Limits of Liability thereof. The Insurance afforded under this Coverage A. is subject to the same insuring agreements, exclusions, definitions and conditions contained in the Underlying Insurance in effect on the inception date of this Policy, except as to premium, duty to defend, limits of liability, and notice, and except as to any other provisions in this Policy inconsistent with those in the Underlying Insurance. II. DEFENSE A. 1. Except as provided in paragraphs A.2. and A.3. below,the Underwriters shall not be called upon to assume charge of the settlement or defense ofany Claim made or Suit brought or proceedings instituted against the Insured. The Underwriters shall have the right and shall be given the opportunity to associate with the Insured or the Underlying Insurer, or EVX113 12-2016 PAGE 6 of 41 both, in the defense and control of any Claim or Suit which involves, or appears reasonably likely to involve this Policy. In such event,the Insured, the Underlying Insurer and the the Underwriters shall cooperate in all things in the defense of such Claim, Suit or proceeding. 2. The Underwriters shall not pay any Claims Expenses unless a Claim or Suit otherwise covered by Underlying Insurance will not be defended by the Underlying Insurer due to the exhaustion of the applicable limits paid thereunder. The Underwriters will have the right and duty to defend any Claim or Suit for which there would be a right and duty to defend under the Underlying Insurance but for the exhaustion of any applicable limits paid thereunder. 3. The Underwriters shall not be obligated to defend any Claim or Suit, or pay any Claims Expenses, after the applicable limit of liability has been exhausted by payments pursuant to this Policy. B. The Underwriters will pay as part of Ultimate Net Loss: (1)all premiums on any bond to release any attachment for an amount not in excess of the applicable limit of liability of this Policy, but without any obligation to apply for or furnish such bond; (2)all premiums on any appeal bond required in any defended suit, but without any obligation to apply for or furnish such bond; (3) costs taxed against the Insured in any Claim or Suit the Underwriters defend; (4) all expenses incurred by the Underwriters; and (5)all interest accruing after entry of any judgment which does not exceed the Limit of Liability, and before the Underwriters have paid, offered to pay, or deposited in court that part of the judgment that is within the applicable Limit of Liability. C. As part of Ultimate Net Loss, the Underwriters will reimburse the Insured for all reasonable expenses incurred (including actual loss of wages or salary, but not loss of other income, not to exceed $too per day) because of the Insured's attendance at hearings or trials at Underwriters request. D. As part of Ultimate Net Loss, the Underwriters will pay all pre-judgment interest awarded against the Insured on that part of any judgment which does not exceed the Limit of Liability. If the Underwriters make an offer to pay the applicable Limit of liability, the Underwriters will not pay any pre-judgment interest based on any period of time after the time that the offer was made. E. 1. With respect to Underlying Insurance, except any Pollution Liability or Professional Liability Coverage: a. If Claims Expenses are subject to the limit of liability of Underlying Insurance,then Claims Expenses payable under this Policy are subject to the Limit of Liability stated in the Declarations of this Policy and are included as part of Ultimate Net Loss; EVX113 12-2016 PAGE 7 of 41 b. If Claims Expenses are payable in addition to the applicable limit of liability for such coverage part, then, for Claims Expenses payable under this Policy, the Underwriters will pay such costs and expenses in addition to the applicable Limit of Liability of this Policy, but only for Bodily Injury, Property Damage, Personal and Advertising Injury covered by this Policy. 2. With respect to any Pollution Liability or Professional Liability Coverage Part of Underlying Insurance, Claims Expenses payable under this Policy are subject to the Limit of Liability stated in the Declarations of this Policyand are included as part of Ultimate Net Loss. F. When the Underwriters have a duty to defend, in the event the Insured is entitled by law to select independent counsel to defend a Suit at the Underwriters expense, the attorney fees and all other litigation expenses the Underwriters must pay to that counsel are limited to the rates the Underwriters actually pay to counsel the Underwriters retain in the ordinary course of business in the defense of similar Claims or Suits in the community where the Claim or Suit arose or is being defended. Additionally, the Underwriters may exercise the right to require that such counsel have certain minimum qualifications with respect to their competency including experience in defending Claims or Suits similar to the one pending against the Insured and to require such counsel to have errors and omissions insurance coverage. With respect to any such counsel,the Insured will procure such counsel, and agrees that counsel will timely respond to the Underwriter's requests for information regarding the Claim or Suit. Furthermore, the Insured may at any time, by the Insured's signed consent, freely and fully waive these rights to select independent counsel. III. EXCLUSIONS These exclusions apply in addition to any applicable exclusions in Underlying Insurance. This Policy does not apply to: A. Any obligation incurred or imposed upon or imputed to the Insured or the Insured's insurer under the Employee Retirement Income Security Act of 1974, Public Law 93-406, or amendments thereto or any similar provisions of state statutory law or common law. B. Any obligation for which the Insured may be liable under any first-party physical damage coverage, under any personal injury protection or auto medical payments EVX113 12-2016 PAGE 8 of 41 coverage, under any uninsured motorists, underinsured motorists, or automobile no-fault or first party law(s); it being expressly agreed that this policy does not afford any no fault, uninsured motorists or underinsured motorists coverage. C. Discrimination on any basis, including but not limited to: race, creed, religion, ethnic background, national origin, age, handicap, sex or sexual orientation. D. Any Damages arising out of: 1. The purchase, or sale, or offer of sale, or solicitation of any security, debt, bank deposit or financial interest or instrument; 2. Any representations made at any time in relation to the price or value of any security, debt, bank deposit or financial interest or instrument; or 3. Any depreciation or decline in price or value of any security, debt, bank deposit or financial interest or instrument. E. Damages claimed for any loss, cost or expense incurred by the Insured or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: 1. Named Insured's Products; 2. Named Insured's Work; or 3. Impaired Property; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. F. Bodily Injury, Property Damage, Personal and Advertising Injury, Cleanup Costs, expected or intended from the standpoint of the Insured. However this exclusion does not apply to: 1. Bodily Injury or Property Damage resulting from the use of reasonable force to protect persons or property; or 2. Liability of the Insured for Damages as the result of an act committed by the Insured's employee(s) which results in Bodily Injury or Property Damage expected or intended from the standpoint of the Insured's employee(s), provided such act was not committed at the direction of the Insured. EVX113 12-2016 PAGE 9 of 41 G. arising out of or resulting from any criminal, dishonest, intentional, fraudulent, malicious, willful or knowing act, error or omission committed by any Insured; however, this Policy shall apply to Claims Expenses incurred in defending any such Claim alleging the foregoing until such time as there is a final adjudication, judgment, binding arbitration decision or conviction against the Insured, or admission by the Insured, establishing such criminal, dishonest, intentional, fraudulent, malicious willful or knowing conduct, or a plea of nob contendere or no contest regarding such conduct, at which time the Insured shall reimburse the Underwriters for all Claims Expenses incurred defending the Claim and the Underwriters shall have no further liability for Claims Expenses. H Bodily Injury, Property Damage, Personal and Advertising Injury, Cleanup Costs, or loss arising from any radioactive matter, whether or not naturally present in the environment. Liability to any employee with respect to Bodily Injury or Personal and Advertising Injury to another employee of the same employer injured in the course of such employment. J. Property Damage arising out of: 1. Property owned, rented or occupied by any Insured; 2. Premises sold, given away or abandoned if the Property Damage arises out of any part of those premises; 3. Property loaned to any Insured; 4. Personal property in the care, custody or control of the Insured; 5. That particular part of any real property on which the Insured or any contractors working directly or indirectly on the Insured's behalf are performing operations if the Property Damage arises out of those operations; or 6. That particular part of any property that must be restored repaired or replaced because the Named Insured's Work was incorrectly performed on it. Paragraph 2. of this exclusion does not apply if the premises are the Named Insured's Work and were never occupied, rented or held for rental by the Insured. Paragraphs 3., 4., 5., and 6, of this exclusion do not apply to liability assumed under a sidetrack agreement. EVX113 12-2016 PAGE 10 OF 41 Paragraph 6. of this exclusion does not apply to Property Damage included in the Products-Completed Operations Hazard. K. Property Damage to Impaired Property or property that has not been physically injured, arising out of: 1. A defect, deficiency, inadequacy or dangerous condition in the Named Insured's Product or Named Insured's Work; or 2. A delay or failure by the Insured or anyone acting on behalf of the Insured to perform a contract or agreement in accordance with its terms. L. Property Damage to Named Insured's Product arising out of it or any part of it. M. Property Damage to Named Insured's Work arising out of it or any part of it and included in the Products-Completed Operations Hazard. However, this exclusion does not apply if the damaged work or the work out of which the damage arises was performed by a subcontractor on behalf of the Insured. N. Bodily Injury or Property Damage arising out of the ownership, maintenance, operation, use, loading or unloading, or entrustment to others of any watercraft or any aircraft owned by the Insured or rented to the Insured without a crew. O. Bodily Injury or Property Damage arising out of the ownership, maintenance, use, operation, loading or unloading or entrustment to others of any automobile with the United States of America, including its possessions and territories, Puerto Rico, Canada, or in or on international waters or airspace white that automobile is being transported between any of those places. P. Bodily Injury or Property Damage due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. Q. Personal and Advertising Injury: 1. Caused by or at the direction of any Insured with the knowledge that the act would violate the rights of another and would inflict Personal and Advertising Injury; 2. Arising out of oral, written or electronic publication of material if done by or at the direction of any Insured with knowledge of its falsity; 3. Arising out of oral, written or electronic publication of material whose first publication took place before the beginning of the Policy Period; 4. For which the Insured has assumed liability in a contract or agreement. EVX113 12-2016 PAGE11oF41 This exclusion does not apply to liability for damages that the Insured would have in the absence of the contract or agreement; 5. Arising out of a breach of contract, except an implied contract to use another's advertising idea; 6. Arising out of the failure of goods, products or services to conform with any statement of quality or performance made; 7. Arising out of the wrong description of the price of goods, products or services; 8. Committed by an Insured whose business is advertising, broadcasting, publishing or telecasting; designing or determining content or websites for others; or an internet search, access content or service provider; or 9. Arising out of an electronic chatroom or bulletin board the Insured hosts owns or over which the Insured exercises control. R. Bodily Injury, Property Damage or Personal and Advertising Injury arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software,including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. S. Bodily Injury, Property Damage or Personal and Advertising Injury arising directly or indirectly out of any action or omission that violates or is alleged to violate: 1. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; 2. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or 3. Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. T. Bodily Injury or Personal and Advertising Injury for or arising out of or resulting from: 1. any actual or alleged injury or damage to any person arising out of any: a. Refusal to employ such person; b. Termination of such person's employment; or c. Employment related practices, policies,acts or omissions, such as EVX113 12-2016 PAGE12oF41 coercion, demotion, evaluation, reassignment, discipline, wrongful infliction of emotional distress or other related torts, defamation, harassment, wrongful depravation of a career opportunity, humiliation, discrimination, written or implied employment contract or quasi-employment contract, or violation of any federal, state or local statute, regulation, ordinance, common law or public policy concerning employment or discrimination in employment; or 2. Any actual or alleged injury or damage to any spouse (or person living together as spouse), child, parent, brother, sister or dependent of such person as a consequence of 1. above. This exclusion applies: Whether the Insured may be liable as an employer or in any other capacity; and ii. To any obligation to share Damages with or repay someone else who must pay Damages arising out of such liability. U. Bodily Injury or Personal and Advertising Injury for or arising out of or resulting from: 1. Bodily Injury to any employee of the Insured arising out of and in the course of: (a) Employment by the Insured; or (b) Performing duties related to the conduct of the Insured's business; or 2. Bodily Injury to any spouse (or person living together as spouse), child, parent, brother, sister or dependent of the employee as a consequence of 1. above; or 3. The Insured's employment obligations, decisions, practices or policies as an employer; or 4. Any obligation which the Insured or any carrier as insurer may be liable under any workers compensation, unemployment compensation or disability benefits law or similar law. This exclusion applies: (i) Whether the Insured may be liable as an employer or in any other capacity; and EVX113 12-2016 PAGE13oF41 (ii) To any obligation to share Damages with or repay someone else who must pay Damages arising out of such liability. V. Any coverage in any "underlying insurance" which is subject to reduced limits of insurance different from the limits of insurance stated in the Schedule of Underlying Insurance,whether it be referred to as a sublimit, or any other basis. IV. LIMITS O F LIABILITY A. The Limits of Liability shown in the Declarations and the rules below fix the most the Underwriters will pay regardless of the number of Insureds under this Policy, the number of Claims made or Suits brought, or the number of persons or organizations making Claims or bringing Suits. B. Each Occurrence, Offense or Loss Limit Subject to Section IV., Paragraphs C. and D. below, the total limit of the Underwriters liability for Ultimate Net Loss for each Occurrence, offense or loss, or any combination thereof, shall not exceed the amount specified in Item 3(a) of the Declarations as applicable to "Each Occurrence, Offense or Loss". For the purpose of determining the Limit of Liability: 1. All Bodily Injury or Property Damage under Underlying Insurance and arising out of continuous or repeated exposure to substantially the same general conditions shall be deemed to arise out of one Occurrence; 2. With respect to Personal and Advertising Injury under Underlying Insurance, all Damages involving the same, related or continuous injurious material, act or offense (regardless of the frequency or repetition thereof, the number or kind of media used, or the number of claimants) shall be deemed to arise out of one offense; and 3. With respect to Bodily Injury, Property Damage or Cleanup Costs under any Pollution Liability Coverage Part of Underlying Insurance, all loss arising out of the same, related or continuous Pollution Conditions shall be deemed to arise out of one loss; 4. With respect to loss under any Professional Liability Coverage Part of Underlying Insurance, all loss arising out of the same, related or continuous negligent acts, errors or omissions shall be deemed to arise out of one loss. EVX113 12-2016 PAGE14oF41 C. Retained Limit 1. The Underwriters will be liable only for that portion of the Ultimate Net Loss in excess of the Retained Limit. 2. With respect to Coverage A., subject to the terms and conditions of this Policy and the Limit of Liability stated in the Declarations, in the event of the reduction or exhaustion of the aggregate limits of liability of Underlying Insurance by payment thereunder, the Underwriters will: (a) In the event of reduction, pay in excess of the reduced limits of such Underlying Insurance; or (b) In the event of exhaustion of the aggregate limits of liability of Underlying Insurance, continue this Policy in force as Underlying Insurance. D. General Aggregate This Policy is subject to the aggregate Limits of Liability specified in Item 3(b)(i) of the Declarations as "General Aggregate". Subject to Section II.E.1.b., this aggregate Limit of Liability is the maximum amount which the Underwriters will pay under this Policy for all Ultimate Net Loss covered hereunder. When an amount is indicated in Item 3(b)(ii) of the Declarations, such aggregate Limit of Liability shall apply separately to the Products-Completed Operations Hazard. E. Limit Exhaustion This Policy shall cease to apply once the applicable Limits of Liability have been exhausted by payment of Ultimate Net Loss. F. Insolvency/Breach of Conditions The Underwriters' liability under this Policy shall not be increased by: 1. The insolvency or inability to pay of the Insured or any Underlying Insurer; or 2. The refusal of any Underlying Insurer to pay by reason of the Insured's breach of a condition of Underlying Insurance. V. EXTENDED REPORTING PERIODS The Extended Reporting Periods described below are available under this Policy only when the option is given and purchased under the Underlying Insurance. EVX113 12-2016 PAGE15oF41 A. The Underwriters will provide an Extended Reporting Period only if this Policy is either cancelled by the Insured or cancelled or not renewed by the Underwriters for any reason except non-payment of premium. Non-renewal shall mean the refusal by the Underwriters to renew the policy on any terms. Non-renewal shall not mean change in premium, or required underlying limits, self-insured retention or any other terms and condition. B. A Claim first made, in writing, during the Extended Reporting Period will be deemed to have been made on the last day of the Policy Period, provided that the Claim is for: 1. Loss because of Bodily Injury, Property Damage Or Cleanup Costs covered by Underlying Insurance, arising from a Pollution Condition that commenced before the end of the Policy Period but not before the Retroactive Date; or 2. Loss covered by Underlying Insurance arising from a negligent act, error or omission that commenced before the end of the Policy Period but not before the Retroactive Date. C. The Extended Reporting Period will not reinstate or increase the Limits of Liability or extend the Policy Period under this Policy. D. The Extended Reporting Period will be as set forth below: 1. If no other insurance the Insured purchases to replace this Policy applies to the Claim or would apply but for the exhaustion of its applicable Limits of Liability, the Underwriters will provide an automatic limited Extended Reporting Period for the same duration as the automatic limited Extended Reporting Period for Underlying Insurance. This automatic limited Extended Reporting Period will commence at the earlier of this Policy's expiration date or cancellation date. This automatic limited Extended Reporting Period may not be cancelled and requires no additional premium. 2. If the Insured has purchased an optional Extended Reporting Period for Underlying Insurance,the Insured may purchase the optional Extended Reporting Period Endorsement under this Policy, in which event, the Underwriters will provide an optional Extended Reporting Period for the same duration as the optional Extended Reporting Period for Underlying Insurance. This optional Extended Reporting Period will commence at the earlier of this Policy's expiration date or cancellation date. The Underwriters will issue the optional Extended Reporting Period Endorsement if the Insured: a. Makes a written request for it which the Underwriters receive EVX113 12-2016 PAGE16oF41 within thirty (30) days after the end of the Policy Period or effective cancellation date of the Policy; and b. Pay the additional premium within thirty (30) days after said request. This optional Extended Reporting Period Endorsement will not take effect unless the additional premium is paid when due. If that premium is paid when due, the Endorsement may not be cancelled. E. The premium for the optional Extended Reporting Period Endorsement will not exceed z00% of the full annual premium for this Policy and will be fully earned when the Endorsement takes effect. F. If Underwriters provide an Extended Reporting Period, the Other Insurance condition (Section VI., Paragraph F.) is amended so that this Policy will be excess over any other valid and collectible insurance available to the Insured whether primary, excess, contingent or on any other basis, whose policy period begins or continues after the Extended Reporting Period takes effect. VI. CONDITIONS In addition to any applicable Conditions in the Underlying Insurance, the following conditions apply to this Policy: A. Prior Insurance and Non-Cumulation of Liability It is agreed that if any loss covered hereunder is also covered in whole or in part under any other excess policy available to the Insured in effect prior to the inception date hereof, the Underwriters' Limit of Liability as stated in the Declarations shall be reduced by any amounts payable on behalf of the Insured by such prior insurance. B. Duties in the Event of Occurrence, Offense, Claim or Suit: Applicable to All Coverage Parts Other than any Pollution Liability Coverage Part 1. The Insured must notify the Underwriters in writing as soon as possible of an Occurrence, offense, or negligent act, error or omission which may result in a Claim. To the extent possible, notice should include: a. How,when and where the Occurrence, offense, or negligent act, error or omission took place; EVX113 12-2016 PAGE17oF41 b. The names and addresses of any injured persons and witnesses; and c. The nature and location of any injury or damage arising out of the Occurrence, offense, or negligent act, error or omission. Notice of an Occurrence, offense, or negligent act, error or omission is not notice of a Claim. 2. If a Claim is received by any Insured, the Insured must: a. Immediately record the specifics of the Claim and the date received; and b. Notify the Underwriters in writing as soon as possible. 3. The Insured must: a. Immediately send the Underwriters copies of any demands, notices, summonses or legal papers received in connection with a Claim or Suit; b. Authorize the Underwriters to obtain records and other information; c. Cooperate with the Underwriters in the investigation, settlement or defense of the Claim or Suit; and d. Assist the Underwriters, 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 Policy may also apply. 4. No Insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense covered under this Policy, other than for first aid, without the Underwriters consent. Applicable to any Pollution Liability Coverage Part: a. In the event of a Claim,the Insured shall notify the Underwriters in writing as soon as practicable and in any event within seven(7) days of the Insured's receipt of the Claim. b. The Insured shall furnish information at the Underwriters request.When a Claim has been made,the Insured shall forward to us as soon as practicable after receipt, or receipt by the Insured's representative or agent,the following: EVX113 12-2016 PAGE18oF41 All correspondence between the Insured and any third party claimant; ii. All demands, summonses, notices or other processes or papers filed with a court of law, administrative agency or an investigative body; iii. All technical reports, laboratory data, field notes or any other documents generated by persons the Insured has hired to investigate or remediate Pollution Conditions; iv. All expert reports, investigations and data collected by experts the Insured has retained, whether or not the Insured intends to uses the material for any purpose; and v. Any other information the Insured has developed or discovered concerning the Claim, whether or not the Insured deems such information to be relevant to the Claim. c. No costs, charges or expenses covered under this Policy shall be incurred in the defense or investigation of Claims without our consent which shall not be unreasonably withheld. Applicable to All Coverage Parts a.All notices under this Section VI., Paragraph A. shall be made in writing and addressed to the entity specified in Item 7.(a) of the Declarations. Notice to a broker or independent insurance agent does not constitute notice to the Underwriters. C. Maintenance of Underlying Insurance The policy or policies referred to in the Schedule of Underlying Insurance or renewals or replacements thereof not more restrictive, shall be maintained as insurance in full force and effect during the term of this Policy without alteration in their terms or conditions; except for any reduction of the limits of liability contained therein solely by payment thereunder. Failure to comply with the foregoing shall not invalidate this Policy but, in the event of such failure,the Underwriters will only be liable to the same extent as we would have been had the Insured so maintained such policy or policies. If during the Policy Period, the terms, conditions, exclusions or limitations of Underlying Insurance are changed in any manner, the Insured shall as a condition precedent to its rights under this Policy give to the Underwriters as EVX113 12-2016 PAGE19oF41 soon practicable written notice of the full particulars thereof. This Policy shall become subject to any such changes upon the effective date of the changes in the Underlying Insurance but only upon the condition that the Underwriters agree to follow such changes by written endorsement attached hereto and the Insured pays when due any additional premium required by the Underwriters relating to such changes and/or agrees to any amendment of the provisions of this Policy required by the Underwriters relating to such changes. D. Receivership, Insolvency or Financial Impairment of Underlying Insurer The Underwriters' liability under this Policy shall in no way be increased or expanded as a result of the receivership, insolvency or inability to pay of any Underlying Insurer, with respect to both the Underwriters' duty to indemnify and the Underwriters'duty to defend.This condition also applies to the Insured as a self-insured for any underlying coverage. E. Appeals In the event the Insured or any Underlying Insurer(s) elect(s) not to appeal a judgment in excess of the limits of Underlying Insurance,the Underwriters may elect to make such appeal at the Underwriters' own cost and expense. The Underwriters shall be liable for the taxable costs and disbursements and interest incidental thereof, but in no event shall the Underwriters liability for Ultimate Net Loss exceed the applicable Limit of Liability under this Policy. F. Other Insurance If other valid and collectible insurance with any other insurer is available to the Insured covering a loss also covered hereunder, this Policy shall be excess of, and shall not contribute with, such other insurance. Excess insurance specifically purchased to apply over the Limits of Liability expressed in this Policy is permitted without prejudice to this Policy and the existence of such specific excess insurance shall not reduce our liability under this Policy G. Application of Salvages—Subrogation All salvages,recoveries or payments recovered or received subsequent to a loss settlement under this Policy shall be applied as if recovered or received prior to such settlement and all necessary adjustment shall then be made between the Insured and the Underwriters, provided always that nothing in this clause shall be construed to mean that losses under this Policy are not recoverable until the Ultimate Net Loss has been finally ascertained. Inasmuch as this Policy is excess coverage, the Insured's right of recovery against any person or other entity cannot always be exclusively subrogated to the Underwriters. It is therefore understood and agreed that in case of any payment hereunder, the Underwriters shall act in concert with all other interests(including the Insured) EVX113 12-2016 PAGE 20 of 41 concerned in the exercise of such rights of recovery. The apportioning of any amounts which may be so recovered shall follow the principle that any interests (including the Insured) that shall have paid an amount over and above any payment hereunder, shall first be reimbursed up to the amount paid by them; shall then be reimbursed out of any balance then remaining up to the amount paid hereunder; lastly, the interests (including the Insured) of whom this coverage is excess are entitled to claim the residue, if any. Expenses necessary to recovery of any such amounts shall be apportioned among the interests concerned, in the ratio of their respective recoveries as finally settled. H. Cancellation This Policy may be cancelled by the first Named Insured by surrender thereof to the Underwriters or any of our authorized agents or by mailing to the Underwriters written notice stating when thereafter the cancellation shall be effective. This Policy may be cancelled by the Underwriters by mailing to the first Named Insured at the address shown in the Declarations, written notice stating when not less than 3o days (io days for nonpayment of premium) thereafter such cancellation shall be effective. Proof of mailing of such notice shall be sufficient proof of notice. The time of surrender or the effective date and hour of cancellation stated in the notice shall become the end of the Policy Period. Delivery of such written notice either by the first Named Insured or by the Underwriters shall be equivalent to mailing. If the first Named Insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the Underwriters cancel, earned premium shall be computed pro rata. Premium adjustment may be either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. First Named Insured The first Named Insured in Item 1 of the Declarations shall be responsible for payment of all premiums, and shall act on behalf of all other Insureds with respect to the giving and receiving of notice of cancellation and the receipt of any return premium that may become payable under this Policy. J. Service of Suit It is agreed that in the event of our failure to pay any amount claimed to be due hereunder, the Underwriters, at the request of the Insured, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District EVX113 12-2016 PAGE21 0F41 Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such Suit may be made upon the entity specified in Item 9. of the Declarations, or his or her representative, and that in any suit instituted against the Underwriters upon this contract,the Underwriters will abide by the final decision of such court or of any appellate court in the event of any appeal. Further, pursuant to any statute of any state,territory, or district of the United States which makes provision therefor, the Underwriters hereby designate the Superintendent, Commissioner, Director of Insurance, or other officer specified for that purpose in the statute, or his or her successor or successors in office as our 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, and hereby designate the above named counsel as the person to whom the said officer is authorized to mail such process or a true copy thereof. K. Choice of Law Any disputes involving this Policy shall be resolved applying the law designated in Item 7. of the Declarations. VII. DEFINITIONS In addition to any applicable definitions in the Underlying Insurance, the following definitions apply to this Policy. A. Policy Period means the period set forth in Item 2 of the Declarations, or any shorter period arising as a result of cancellation of this Policy. B. Retained Limit means the sum of: 1. The total of the amounts indicated as the limits of Underlying Insurance, whether or not collectible; and 2. Other collectible insurance (other than insurance purchased specifically to apply over the limits of liability of this policy); or C. Ultimate Net Loss means the total sum of which the Insured, or any carrier as its insurer, or both, become obligated to pay as Damages arising from a Claim or Suit to which this Policy apples either through adjudication or compromise, including all expenses for settlement,adjustment,investigation and defense of Claims, but excluding the salaries of any of the Underlying Insurers or our employees. D. Underlying Insurance means the insurance policies designated on the Schedule EVX113 12-2016 PAGE 22 of 41 of Underlying Insurance to this policy and any renewals or replacements of such policies. E. Underlying Insurer means any company issuing any policy of Underlying Insurance. The following terms used in this Policy have the same meaning as in the Underlying Insurance: F. Bodily Injury G. Claim H. Claims Expenses I. Cleanup Costs J. Damages K. Impaired Property L. Insured M. Insured Contract N. Named Insured's Work O. Named Insured's Product P. Occurrence Q. Personal and Advertising Injury R. Pollutants S. Pollution Conditions T. Products- Completed Operations Hazard EVX113 12-2016 PAGE 23 of 41 1—.1/4/I Bureau of Workers' 1-800-644-6292 BWC.Ohio.gov (Chia Compensation Mike DeWine,Governor Jon Husted,Lt.Governor John Logue,Administrator/CEO 30 West Spring Street Columbus, Ohio 43215-2256 04/22/2024 #BWNFVSQ Date Mailed #XX10006640612# Kline Markley Markleys Precision Company, LLC 1884 PROSPECT RD NEW LONDON OH 44851-9385 IMPORTANT DOCUMENT: REMOVE AND POST C)gta Bureau of Workers' 30 W. Spring St. Compensation Columbus, OH 43215 Certificate of Ohio Workers' Compensation This certifies that the employer listed below participates in the Ohio State Insurance Fund as required by law. Therefore, the employer is entitled to the rights and benefits of the fund for the period specified. This certificate is only valid if premiums and assessments, including installments, are paid by the applicable due date. To verify coverage, visit www.bwc.ohio.gov, or call 1-800-644-6292. This certificate must be conspicuously posted. Policy number and employer Period Specified Below 80030699 07/01/2024 to 07/01/2025 Markleys Precision Company, LLC litKERS, 1884 PROSPECT RD yiO.-----CO NEW LONDON OH 44851-9385 akar • *Order - �Z www.bwc.ohio.gov _ Issued by: BWC 4 Administrator/CEO You can reproduce this certificate as needed. Ohio Bureau of Workers' Compensation Required Posting Section 4123.54 of the Ohio Revised Code requires notice of rebuttable presumption. Rebuttable presumption means an employee may dispute or prove untrue the presumption (or belief) that alcohol, marihuana or a controlled substance not prescribed by the employee's physician is the proximate cause (main reason) of the work-related injury. The burden of proof is on the employee to prove the presence of alcohol, marihuana or a controlled substance was not the proximate cause of the work-related injury. An employee who tests positive or refuses to submit to chemical testing may be disqualified for compensation and benefits under the Workers' Compensation Act. C .1—.Z.,a Bureau of Workers' Li47. Compensation You must post this language with the Certificate of Ohio Workers'Compensation. DP-29 BWC-1629(Rev. Jan. 10, 2019) Policy Information Policy Information for the policy period beginning from 12:01 AM on 07/01/2024 to 12:01 AM on 07/01/2025. Policy Number and Employer MCO 80030699 Markleys Precision Company, LLC Sedgwick Managed Care Ohio 1884 PROSPECT RD P.O. BOX 1040 NEW LONDON OH 44851-9385 DUBLIN OH 43017 Additional Insured's Name and Address Effective Date Expiration Date Individuals Eligible for Elective Coverage Individuals Eligible for Elective Covered (Yes/No) Elective Coverage Type Coverage Kline Markley No Elective - Owner **Please refer to our website for reporting guidelines/requirements. Corporate Officer Effective Date Expiration Date No officers listed for this policy. **Please refer to our website for reporting guidelines/requirements. Employee Class Codes and Descriptions Class Code Class Code Description 3365 WELDING OR CUTTING NOC & DRIVERS 5474 PAINTING NOC & SHOP OPERATIONS, DRIVERS The information noted above is as of 04/20/2024. For the most current information on the policy or to update your account information, please log into your account at www.bwc.ohio.gov. You may also call 1-800-644-6292 to speak with a customer service representative. Bureau of Workers' BWC.Ohio.gov (j/CW. Compensation Mike DeWine,Governor Jon Husted,Lt. Governor John Logue,Administrator/CEO 7/25/2024 Markleys Precision Company, LLC 1884 Prospect Rd New London, OH 44851-9385 RE: Confirmation of Coverage for Policy No. 80030699 Dear Employer: This letter confirms that Markleys Precision Company, LLC has had active workers' compensation coverage. The coverage is valid if premiums and assessment, including installments, are paid by the applicable due date. Coverage applies to the employer's Ohio employees for work-related claims occurring during this period. Coverage extends to Ohio employees who incur claims while working temporarily outside of Ohio. We determine how long this out-of-state coverage applies on a case-by-case basis. It depends on factors indicating whether an employee's absence from Ohio continues to be temporary. In some situations, we viewed coverage as applying to employees working outside of Ohio for a year or longer. In these cases, we believed enough connection to Ohio was present and circumstances showed the employee's absent from the state was still temporary. For BWC to cover the claim, the employee must file the claim in Ohio under Ohio law. Each state has its own coverage requirements for workers' compensation. We recommend employers doing business outside Ohio review workers' compensation coverage requirements to comply with the laws of other states. More information, including BWC's Other States Coverage, option can be found at bwc.ohio.gov by clicking on Employer Resources/Coverage Types/Working out of State. If you have any questions, please call Julie Phillips, Other States Coverage Manager at 614-752- 7366. Sincerely, John Logue Administrator/CEO 30 West Spring Street 8001644 6292 Columbus,Ohio 43215 U.S.A. bwc.ohio.gov The State of Ohio is an Equal Opportunity Employer and Provider of ADA Services CERTIFICATE OF LIABILITY INSURANCE DATE /YYYY) 07/10/202/2024 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:Progressive Commercial Lines Customer and Agent Servicing Progressive Insurance PHONE FAX PO Box 94739,Cleveland,OH 44101 (A/C,No,Ext):1-800-444-4487 (A/C,No): E-MAIL ADDRESS: ro ressivecommercial email. ro ressive.com ADDRESS:p 9 @ p 9 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Progressive Preferred Insurance Company 37834 INSURED INSURER B: Markleys Precision Company LLC 1884 Prospect RD INSURER C: New London,OH 44851 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 137152157235245307D071024T163101 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 TYPE OF INSURANCE ADDL SUBR W POLICY NUMBER D/POLICY EFF POLICY EXP LIMITS LTR INSD VD (MM/DYYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE I I OCCUR DAMAGE O(Ea RENTED $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- PRODUCTS-COMP/OP AGG $ POLICY I I JECT I I LOC OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED _AUTOS ONLY X AUTOS Y N 979783114 04/10/2024 04/10/2025 BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER pT AND EMPLOYERS'LIABILITY Y/N STATUTE ERH ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE$ If Es,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below See ACORD 101 for additional coverage details. $ A Y N 979783114 04/10/2024 04/10/2025 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. 400 Ridge Lane Bremerton,WA 98311 AUTHORIZED REPRESENTATIVE TTTT illat4lje ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: A D ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Progressive Insurance Markleys Precision Company LLC POLICY NUMBER 1884 Prospect RD New London,OH 44851 979783114 CARRIER NAIC CODE Progressive Preferred Insurance Company 37834 EFFECTIVE DATE:04/10/2024 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Additional Coverages Insurance coverage(s) Limits Uninsured/Underinsured Motorist $25,000/$50,000 Description of Location/Vehicles/Special Items Scheduled autos only 2008 FORD F450 1 FDXW47RX8EA97680 Comprehensive $5,000 Ded Collision $5,000 Ded Medical Payments $5,000 each person 2018 FORD F250 1 FT7W2A69JEC00665 Comprehensive $5,000 Ded Collision $5,000 Ded Medical Payments $5,000 each person 2017 FORD F350 1 FDRF3E62HEC69499 Comprehensive $5,000 Ded Collision $5,000 Ded Medical Payments $5,000 each person 2018 RAM 1500 1C6RR7KT7JS189367 Comprehensive $5,000 Ded Collision $5,000 Ded Medical Payments $5,000 each person 2016 RAM 1500 3C6JR6DT1GG307899 Comprehensive $5,000 Ded Collision $5,000 Ded Medical Payments $5,000 each person 2016 RAM 5500 3C7WRNFL2GG174160 Comprehensive $5,000 Ded Collision $5,000 Ded Medical Payments $5,000 each person 2023 Moritz Trailer 4WXBE2624P1046587 Comprehensive $2,500 Ded Collision $2,500 Ded 2020 Gator Trailer 4Z1 PB2523DS001536 1998 Econoline Trailer 42EDPHE43W1000110 2015 Econoline Trailer 56JTE142FA144930 2015 American Hauler Enclosed Trail Trailer 593200J27F1048847 Liability coverage may not apply to all scheduled vehicles. Additional Information Certificate holder is listed as an Additional Insured. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PROGREJJ/UE COMMERCIAL Policy number: 979783114 Underwritten by: Progressive Casualty Insurance Co. Insured: MARKLEYS PRECISION COMPANY LLC July 30, 2024 Policy Period: 04/10/2024 ' 04/10/2025 Mailing Address Progressive Casualty Insurance Co. Additional insured endorsement PO Box94739 Cleveland,OH 44101 1-800-444-4487 Name of Person or Organization For customer service, 24 hours a day, The City Bremerton 7 days a week 400 Ridge Lane Bremerton, WA 98311 The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page. Limit of Liability Bodily Injury $1,000,000 each person/ $1,000,000 each accident Property Damage $1,000,000 each accident Combined Liability $1,000,000 each accident All other terms,limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number:979783114 Issued to(Name of Insured): MARKLEYS PRECISION COMPANY LLC Effective date of endorsement: 07/30/2024 Policy expiration date: 04/10/2025 Form 1198(01/04) M CL MARKPRE-01 DBLATT ACorzv4 CERTIFICATE OF LIABILITY INSURANCE DATE 8/8/2 DIYYYY) �..-■-''� 1812024 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 Nyssa Pace NAME: ZGI LLC PHONE FAX 900 Wilshire Drive,2nd Floor,Suite 256 (A/C,No,Ext): (248)294-7575 (A/C,No): Troy, MI 48084 MRESS:Nyssa@zervosins.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Certain Underwriters At Lloyd's INSURED INSURER B: Markleys Precision Company LLC INSURER C: 1884 Prospect Rd INSURER D: New London,OH 44851--9531 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MMIDDIYYYY) (MMIDDIYYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X ENC0011228 AMAGE TO RENTED 4/10/2024 4/10/2025 PREM SES(Ea occurrence) $ 300,000 X Contractual MED EXP(Any one person) $ 25,000 X X,C,& U PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PE4 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILECOMBINED SINGLE LIMIT LIABILITY (Ea accident) $ ANY AUTO BODILYINJURY(Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ A UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESSLIAB CLAIMS-MADE X x ENX0011229 4/10/2024 4/10/2025 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N IA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab ENC0011228 4/10/2024 4/10/2025 $1M1$2M A Pollution Liab ENC0011228 4/10/2024 4/10/2025 $1M1$2M DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Reservoir 17-Interior Coating Replacement City of Bremerton,Owner, Engineer and the respective officers,directors,members,partners,employees,agents,consultants,and subcontractors are included as an additional insured on a primary and non-contributory basis with respects to the General Liability and Excess policy,when required by written contract.Written 30 day notice of cancellation,10 days for non-payment is provided per the terms and conditions of the policy.The XS policy goes over the above GL policy and the Auto Liability Progressive Preferred Insurance Co. Policy#979783114.General Liability policy includes CG 04 41 03 11 Stop Gap- OH. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street,STE 100 Bremerton,WA 98337 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Effective Date: 4/10/2024 Policy Number: ENCoo11228-ol Endorsement Number: zo BLANKET NOTICE OF CANCELLATION TO CERTIFICATE HOLDER This endorsement modifies insurance provided under all coverages applicable to this policy. All other terms and conditions of this Policy remain unchanged. In consideration of the premium charged for the Policy, it is hereby understood and agreed that in addition to the provisions of the CANCELLATION AND NONRENEWAL clause, in the event this Policy is cancelled or non-renewed by the Underwriters,the Underwriters will endeavor to deliver to the following listed party(ies) or to send to the following listed party(ies) by facsimile transmission, registered, certified or other first class mail, at the address stated below, written notice stating when not less than 3o days after the date of such notice the cancellation or non-renewal shall be effective. However, this advance notification of pending cancellation of coverage is intended as a courtesy only. Underwriters' failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Certificate Holders: All Certificate holders where this endorsement is required by contract and as kept on file with the Agent of Record. EVA123B 03/2022 Page 127 Effective Date: 4/10/2024 PolicyN umber: EN Coo11228-ol Endorsement Number: 5 ADDITIONAL INSURED —OWNERS, LESSEES OR CONTRACTORS— SCHEDULED PERSON OR ORGANIZATION In consideration of a premium change of, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Name of Additional Insured Person(s)Or Location(s)of Covered Operations Organization(s): As required by written contract. As required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II —Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s) designated above. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or"property damage" occurring after: CG 20 10 07 04 ©Insurance Services Office, Inc. Page 103 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or 2.That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ©Insurance Services Office, Inc. Page 104 Effective Date: 4/10/2024 PolicyN umber: EN Coo11228-ol Endorsement Number: 6 ADDITIONAL INSURED —OWNERS, LESSORS OR CONTRACTORS— COMPLETED OPERATIONS In consideration of a premium change of, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Name Of Additional Insured Person(s)Or Location And Description Of Completed Organization(s): Operations As required by written contract. As required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II —Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury" or"property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the"products- completed operations hazard". CG 20 37 07 04 ©Insurance Services Office, Inc. Page 105 Effective Date: 4/10/2024 PolicyN umber: ENCoo-1228-0i Endorsement Number: 4 PRIMARY/NON-CONTRIBUTORY- OTHER INSURANCE CON DITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. SCHEDULE: Specific Entity to Schedule if required - As required by written contract. CG 20 01 04 13 ©Insurance Services Office, Inc. Page 102 Effective Date: 4/1o/2024 PolicyN umber: ENCoo11228-ol Endorsement Number: 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Name of Person or Organization: As required by written contract. All Person(s)Or Organization(s)where this endorsement is required by contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV- COMMERCIAL GENERAL LIABILITY CON DITIONS)is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 ©Insurance Services Office, Inc. Page 107 Effective Date: 4/10/2024 PolicyN umber: ENCoo11228-0l Endorsement Number: 10 DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT In consideration of a premium change of_, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Designated Projects: Project: As required by written contract The aggregate limit amount is capped at $2,000,000 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I ), and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project,and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of"bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical 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". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated CG L160 12/2016 Page 109 construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I ), and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project 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 Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance(SECTION III ) not otherwise modified by this endorsement shall continue to apply as stipulated. CG L160 12/2016 Page 110 COMMERCIAL EXCESS LIABILITY INSURANCE THIS POLICY MAY PROVIDE CLAIMS MADE COVERAGE UNDER COVERAGE A., CERTAIN PROVISIONS IN THIS POLICY RESTRICT COVERAGE. READ THE ENTIRE POLICY CAREFULLY TO DETERMINE YOUR RIGHTS AND DUTIES, AND WHAT IS AND IS NOT COVERED. The word "Insured"means any person or organization qualifying as such in Underlying Insurance. Words and phrases that appear in bold have special meaning. Refer to DEFIN ITIONS(Section VII). In consideration of the payment of the premium, and in reliance upon the statements in the Application and subject to the Limits of Liability, exclusions, conditions and other terms of this Policy, the Underwriters agree with the Insured as follows: I. COVERAGES A. Excess Following Form Liability Insurance The Underwriters will pay on behalf of the Insured that portion of Ultimate Net Loss in excess of the Retained Limit which the Insured becomes legally obligated to pay as Damages because of any Claim or Suit to which this Policy applies, due to: 1. liability imposed upon the Insured by law; or 2. liability assumed by the Insured under an Insured Contract. This Coverage A. applies to Ultimate Net Loss to the extent covered by Underlying Insurance but in excess of the Limits of Liability thereof. The Insurance afforded under this Coverage A. is subject to the same insuring agreements, exclusions, definitions and conditions contained in the Underlying Insurance in effect on the inception date of this Policy, except as to premium, duty to defend, limits of liability, and notice, and except as to any other provisions in this Policy inconsistent with those in the Underlying Insurance. II. DEFENSE A. 1. Except as provided in paragraphs A.2. and A.3. below,the Underwriters shall not be called upon to assume charge of the settlement or defense ofany Claim made or Suit brought or proceedings instituted against the Insured. The Underwriters shall have the right and shall be given the opportunity to associate with the Insured or the Underlying Insurer, or EVX113 12-2016 PAGE 6 of 41 both, in the defense and control of any Claim or Suit which involves, or appears reasonably likely to involve this Policy. In such event,the Insured, the Underlying Insurer and the the Underwriters shall cooperate in all things in the defense of such Claim, Suit or proceeding. 2. The Underwriters shall not pay any Claims Expenses unless a Claim or Suit otherwise covered by Underlying Insurance will not be defended by the Underlying Insurer due to the exhaustion of the applicable limits paid thereunder. The Underwriters will have the right and duty to defend any Claim or Suit for which there would be a right and duty to defend under the Underlying Insurance but for the exhaustion of any applicable limits paid thereunder. 3. The Underwriters shall not be obligated to defend any Claim or Suit, or pay any Claims Expenses, after the applicable limit of liability has been exhausted by payments pursuant to this Policy. B. The Underwriters will pay as part of Ultimate Net Loss: (1)all premiums on any bond to release any attachment for an amount not in excess of the applicable limit of liability of this Policy, but without any obligation to apply for or furnish such bond; (2)all premiums on any appeal bond required in any defended suit, but without any obligation to apply for or furnish such bond; (3) costs taxed against the Insured in any Claim or Suit the Underwriters defend; (4) all expenses incurred by the Underwriters; and (5)all interest accruing after entry of any judgment which does not exceed the Limit of Liability, and before the Underwriters have paid, offered to pay, or deposited in court that part of the judgment that is within the applicable Limit of Liability. C. As part of Ultimate Net Loss, the Underwriters will reimburse the Insured for all reasonable expenses incurred (including actual loss of wages or salary, but not loss of other income, not to exceed $too per day) because of the Insured's attendance at hearings or trials at Underwriters request. D. As part of Ultimate Net Loss, the Underwriters will pay all pre-judgment interest awarded against the Insured on that part of any judgment which does not exceed the Limit of Liability. If the Underwriters make an offer to pay the applicable Limit of liability, the Underwriters will not pay any pre-judgment interest based on any period of time after the time that the offer was made. E. 1. With respect to Underlying Insurance, except any Pollution Liability or Professional Liability Coverage: a. If Claims Expenses are subject to the limit of liability of Underlying Insurance,then Claims Expenses payable under this Policy are subject to the Limit of Liability stated in the Declarations of this Policy and are included as part of Ultimate Net Loss; EVX113 12-2016 PAGE 7 of 41 b. If Claims Expenses are payable in addition to the applicable limit of liability for such coverage part, then, for Claims Expenses payable under this Policy, the Underwriters will pay such costs and expenses in addition to the applicable Limit of Liability of this Policy, but only for Bodily Injury, Property Damage, Personal and Advertising Injury covered by this Policy. 2. With respect to any Pollution Liability or Professional Liability Coverage Part of Underlying Insurance, Claims Expenses payable under this Policy are subject to the Limit of Liability stated in the Declarations of this Policyand are included as part of Ultimate Net Loss. F. When the Underwriters have a duty to defend, in the event the Insured is entitled by law to select independent counsel to defend a Suit at the Underwriters expense, the attorney fees and all other litigation expenses the Underwriters must pay to that counsel are limited to the rates the Underwriters actually pay to counsel the Underwriters retain in the ordinary course of business in the defense of similar Claims or Suits in the community where the Claim or Suit arose or is being defended. Additionally, the Underwriters may exercise the right to require that such counsel have certain minimum qualifications with respect to their competency including experience in defending Claims or Suits similar to the one pending against the Insured and to require such counsel to have errors and omissions insurance coverage. With respect to any such counsel,the Insured will procure such counsel, and agrees that counsel will timely respond to the Underwriter's requests for information regarding the Claim or Suit. Furthermore, the Insured may at any time, by the Insured's signed consent, freely and fully waive these rights to select independent counsel. III. EXCLUSIONS These exclusions apply in addition to any applicable exclusions in Underlying Insurance. This Policy does not apply to: A. Any obligation incurred or imposed upon or imputed to the Insured or the Insured's insurer under the Employee Retirement Income Security Act of 1974, Public Law 93-406, or amendments thereto or any similar provisions of state statutory law or common law. B. Any obligation for which the Insured may be liable under any first-party physical damage coverage, under any personal injury protection or auto medical payments EVX113 12-2016 PAGE 8 of 41 coverage, under any uninsured motorists, underinsured motorists, or automobile no-fault or first party law(s); it being expressly agreed that this policy does not afford any no fault, uninsured motorists or underinsured motorists coverage. C. Discrimination on any basis, including but not limited to: race, creed, religion, ethnic background, national origin, age, handicap, sex or sexual orientation. D. Any Damages arising out of: 1. The purchase, or sale, or offer of sale, or solicitation of any security, debt, bank deposit or financial interest or instrument; 2. Any representations made at any time in relation to the price or value of any security, debt, bank deposit or financial interest or instrument; or 3. Any depreciation or decline in price or value of any security, debt, bank deposit or financial interest or instrument. E. Damages claimed for any loss, cost or expense incurred by the Insured or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: 1. Named Insured's Products; 2. Named Insured's Work; or 3. Impaired Property; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. F. Bodily Injury, Property Damage, Personal and Advertising Injury, Cleanup Costs, expected or intended from the standpoint of the Insured. However this exclusion does not apply to: 1. Bodily Injury or Property Damage resulting from the use of reasonable force to protect persons or property; or 2. Liability of the Insured for Damages as the result of an act committed by the Insured's employee(s) which results in Bodily Injury or Property Damage expected or intended from the standpoint of the Insured's employee(s), provided such act was not committed at the direction of the Insured. EVX113 12-2016 PAGE 9 of 41 G. arising out of or resulting from any criminal, dishonest, intentional, fraudulent, malicious, willful or knowing act, error or omission committed by any Insured; however, this Policy shall apply to Claims Expenses incurred in defending any such Claim alleging the foregoing until such time as there is a final adjudication, judgment, binding arbitration decision or conviction against the Insured, or admission by the Insured, establishing such criminal, dishonest, intentional, fraudulent, malicious willful or knowing conduct, or a plea of nob contendere or no contest regarding such conduct, at which time the Insured shall reimburse the Underwriters for all Claims Expenses incurred defending the Claim and the Underwriters shall have no further liability for Claims Expenses. H Bodily Injury, Property Damage, Personal and Advertising Injury, Cleanup Costs, or loss arising from any radioactive matter, whether or not naturally present in the environment. Liability to any employee with respect to Bodily Injury or Personal and Advertising Injury to another employee of the same employer injured in the course of such employment. J. Property Damage arising out of: 1. Property owned, rented or occupied by any Insured; 2. Premises sold, given away or abandoned if the Property Damage arises out of any part of those premises; 3. Property loaned to any Insured; 4. Personal property in the care, custody or control of the Insured; 5. That particular part of any real property on which the Insured or any contractors working directly or indirectly on the Insured's behalf are performing operations if the Property Damage arises out of those operations; or 6. That particular part of any property that must be restored repaired or replaced because the Named Insured's Work was incorrectly performed on it. Paragraph 2. of this exclusion does not apply if the premises are the Named Insured's Work and were never occupied, rented or held for rental by the Insured. Paragraphs 3., 4., 5., and 6, of this exclusion do not apply to liability assumed under a sidetrack agreement. EVX113 12-2016 PAGE 10 OF 41 Paragraph 6. of this exclusion does not apply to Property Damage included in the Products-Completed Operations Hazard. K. Property Damage to Impaired Property or property that has not been physically injured, arising out of: 1. A defect, deficiency, inadequacy or dangerous condition in the Named Insured's Product or Named Insured's Work; or 2. A delay or failure by the Insured or anyone acting on behalf of the Insured to perform a contract or agreement in accordance with its terms. L. Property Damage to Named Insured's Product arising out of it or any part of it. M. Property Damage to Named Insured's Work arising out of it or any part of it and included in the Products-Completed Operations Hazard. However, this exclusion does not apply if the damaged work or the work out of which the damage arises was performed by a subcontractor on behalf of the Insured. N. Bodily Injury or Property Damage arising out of the ownership, maintenance, operation, use, loading or unloading, or entrustment to others of any watercraft or any aircraft owned by the Insured or rented to the Insured without a crew. O. Bodily Injury or Property Damage arising out of the ownership, maintenance, use, operation, loading or unloading or entrustment to others of any automobile with the United States of America, including its possessions and territories, Puerto Rico, Canada, or in or on international waters or airspace white that automobile is being transported between any of those places. P. Bodily Injury or Property Damage due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. Q. Personal and Advertising Injury: 1. Caused by or at the direction of any Insured with the knowledge that the act would violate the rights of another and would inflict Personal and Advertising Injury; 2. Arising out of oral, written or electronic publication of material if done by or at the direction of any Insured with knowledge of its falsity; 3. Arising out of oral, written or electronic publication of material whose first publication took place before the beginning of the Policy Period; 4. For which the Insured has assumed liability in a contract or agreement. EVX113 12-2016 PAGE11oF41 This exclusion does not apply to liability for damages that the Insured would have in the absence of the contract or agreement; 5. Arising out of a breach of contract, except an implied contract to use another's advertising idea; 6. Arising out of the failure of goods, products or services to conform with any statement of quality or performance made; 7. Arising out of the wrong description of the price of goods, products or services; 8. Committed by an Insured whose business is advertising, broadcasting, publishing or telecasting; designing or determining content or websites for others; or an internet search, access content or service provider; or 9. Arising out of an electronic chatroom or bulletin board the Insured hosts owns or over which the Insured exercises control. R. Bodily Injury, Property Damage or Personal and Advertising Injury arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software,including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. S. Bodily Injury, Property Damage or Personal and Advertising Injury arising directly or indirectly out of any action or omission that violates or is alleged to violate: 1. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; 2. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or 3. Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. T. Bodily Injury or Personal and Advertising Injury for or arising out of or resulting from: 1. any actual or alleged injury or damage to any person arising out of any: a. Refusal to employ such person; b. Termination of such person's employment; or c. Employment related practices, policies,acts or omissions, such as EVX113 12-2016 PAGE12oF41 coercion, demotion, evaluation, reassignment, discipline, wrongful infliction of emotional distress or other related torts, defamation, harassment, wrongful depravation of a career opportunity, humiliation, discrimination, written or implied employment contract or quasi-employment contract, or violation of any federal, state or local statute, regulation, ordinance, common law or public policy concerning employment or discrimination in employment; or 2. Any actual or alleged injury or damage to any spouse (or person living together as spouse), child, parent, brother, sister or dependent of such person as a consequence of 1. above. This exclusion applies: Whether the Insured may be liable as an employer or in any other capacity; and ii. To any obligation to share Damages with or repay someone else who must pay Damages arising out of such liability. U. Bodily Injury or Personal and Advertising Injury for or arising out of or resulting from: 1. Bodily Injury to any employee of the Insured arising out of and in the course of: (a) Employment by the Insured; or (b) Performing duties related to the conduct of the Insured's business; or 2. Bodily Injury to any spouse (or person living together as spouse), child, parent, brother, sister or dependent of the employee as a consequence of 1. above; or 3. The Insured's employment obligations, decisions, practices or policies as an employer; or 4. Any obligation which the Insured or any carrier as insurer may be liable under any workers compensation, unemployment compensation or disability benefits law or similar law. This exclusion applies: (i) Whether the Insured may be liable as an employer or in any other capacity; and EVX113 12-2016 PAGE13oF41 (ii) To any obligation to share Damages with or repay someone else who must pay Damages arising out of such liability. V. Any coverage in any "underlying insurance" which is subject to reduced limits of insurance different from the limits of insurance stated in the Schedule of Underlying Insurance,whether it be referred to as a sublimit, or any other basis. IV. LIMITS O F LIABILITY A. The Limits of Liability shown in the Declarations and the rules below fix the most the Underwriters will pay regardless of the number of Insureds under this Policy, the number of Claims made or Suits brought, or the number of persons or organizations making Claims or bringing Suits. B. Each Occurrence, Offense or Loss Limit Subject to Section IV., Paragraphs C. and D. below, the total limit of the Underwriters liability for Ultimate Net Loss for each Occurrence, offense or loss, or any combination thereof, shall not exceed the amount specified in Item 3(a) of the Declarations as applicable to "Each Occurrence, Offense or Loss". For the purpose of determining the Limit of Liability: 1. All Bodily Injury or Property Damage under Underlying Insurance and arising out of continuous or repeated exposure to substantially the same general conditions shall be deemed to arise out of one Occurrence; 2. With respect to Personal and Advertising Injury under Underlying Insurance, all Damages involving the same, related or continuous injurious material, act or offense (regardless of the frequency or repetition thereof, the number or kind of media used, or the number of claimants) shall be deemed to arise out of one offense; and 3. With respect to Bodily Injury, Property Damage or Cleanup Costs under any Pollution Liability Coverage Part of Underlying Insurance, all loss arising out of the same, related or continuous Pollution Conditions shall be deemed to arise out of one loss; 4. With respect to loss under any Professional Liability Coverage Part of Underlying Insurance, all loss arising out of the same, related or continuous negligent acts, errors or omissions shall be deemed to arise out of one loss. EVX113 12-2016 PAGE14oF41 C. Retained Limit 1. The Underwriters will be liable only for that portion of the Ultimate Net Loss in excess of the Retained Limit. 2. With respect to Coverage A., subject to the terms and conditions of this Policy and the Limit of Liability stated in the Declarations, in the event of the reduction or exhaustion of the aggregate limits of liability of Underlying Insurance by payment thereunder, the Underwriters will: (a) In the event of reduction, pay in excess of the reduced limits of such Underlying Insurance; or (b) In the event of exhaustion of the aggregate limits of liability of Underlying Insurance, continue this Policy in force as Underlying Insurance. D. General Aggregate This Policy is subject to the aggregate Limits of Liability specified in Item 3(b)(i) of the Declarations as "General Aggregate". Subject to Section II.E.1.b., this aggregate Limit of Liability is the maximum amount which the Underwriters will pay under this Policy for all Ultimate Net Loss covered hereunder. When an amount is indicated in Item 3(b)(ii) of the Declarations, such aggregate Limit of Liability shall apply separately to the Products-Completed Operations Hazard. E. Limit Exhaustion This Policy shall cease to apply once the applicable Limits of Liability have been exhausted by payment of Ultimate Net Loss. F. Insolvency/Breach of Conditions The Underwriters' liability under this Policy shall not be increased by: 1. The insolvency or inability to pay of the Insured or any Underlying Insurer; or 2. The refusal of any Underlying Insurer to pay by reason of the Insured's breach of a condition of Underlying Insurance. V. EXTENDED REPORTING PERIODS The Extended Reporting Periods described below are available under this Policy only when the option is given and purchased under the Underlying Insurance. EVX113 12-2016 PAGE15oF41 A. The Underwriters will provide an Extended Reporting Period only if this Policy is either cancelled by the Insured or cancelled or not renewed by the Underwriters for any reason except non-payment of premium. Non-renewal shall mean the refusal by the Underwriters to renew the policy on any terms. Non-renewal shall not mean change in premium, or required underlying limits, self-insured retention or any other terms and condition. B. A Claim first made, in writing, during the Extended Reporting Period will be deemed to have been made on the last day of the Policy Period, provided that the Claim is for: 1. Loss because of Bodily Injury, Property Damage Or Cleanup Costs covered by Underlying Insurance, arising from a Pollution Condition that commenced before the end of the Policy Period but not before the Retroactive Date; or 2. Loss covered by Underlying Insurance arising from a negligent act, error or omission that commenced before the end of the Policy Period but not before the Retroactive Date. C. The Extended Reporting Period will not reinstate or increase the Limits of Liability or extend the Policy Period under this Policy. D. The Extended Reporting Period will be as set forth below: 1. If no other insurance the Insured purchases to replace this Policy applies to the Claim or would apply but for the exhaustion of its applicable Limits of Liability, the Underwriters will provide an automatic limited Extended Reporting Period for the same duration as the automatic limited Extended Reporting Period for Underlying Insurance. This automatic limited Extended Reporting Period will commence at the earlier of this Policy's expiration date or cancellation date. This automatic limited Extended Reporting Period may not be cancelled and requires no additional premium. 2. If the Insured has purchased an optional Extended Reporting Period for Underlying Insurance,the Insured may purchase the optional Extended Reporting Period Endorsement under this Policy, in which event, the Underwriters will provide an optional Extended Reporting Period for the same duration as the optional Extended Reporting Period for Underlying Insurance. This optional Extended Reporting Period will commence at the earlier of this Policy's expiration date or cancellation date. The Underwriters will issue the optional Extended Reporting Period Endorsement if the Insured: a. Makes a written request for it which the Underwriters receive EVX113 12-2016 PAGE16oF41 within thirty (30) days after the end of the Policy Period or effective cancellation date of the Policy; and b. Pay the additional premium within thirty (30) days after said request. This optional Extended Reporting Period Endorsement will not take effect unless the additional premium is paid when due. If that premium is paid when due, the Endorsement may not be cancelled. E. The premium for the optional Extended Reporting Period Endorsement will not exceed z00% of the full annual premium for this Policy and will be fully earned when the Endorsement takes effect. F. If Underwriters provide an Extended Reporting Period, the Other Insurance condition (Section VI., Paragraph F.) is amended so that this Policy will be excess over any other valid and collectible insurance available to the Insured whether primary, excess, contingent or on any other basis, whose policy period begins or continues after the Extended Reporting Period takes effect. VI. CONDITIONS In addition to any applicable Conditions in the Underlying Insurance, the following conditions apply to this Policy: A. Prior Insurance and Non-Cumulation of Liability It is agreed that if any loss covered hereunder is also covered in whole or in part under any other excess policy available to the Insured in effect prior to the inception date hereof, the Underwriters' Limit of Liability as stated in the Declarations shall be reduced by any amounts payable on behalf of the Insured by such prior insurance. B. Duties in the Event of Occurrence, Offense, Claim or Suit: Applicable to All Coverage Parts Other than any Pollution Liability Coverage Part 1. The Insured must notify the Underwriters in writing as soon as possible of an Occurrence, offense, or negligent act, error or omission which may result in a Claim. To the extent possible, notice should include: a. How,when and where the Occurrence, offense, or negligent act, error or omission took place; EVX113 12-2016 PAGE17oF41 b. The names and addresses of any injured persons and witnesses; and c. The nature and location of any injury or damage arising out of the Occurrence, offense, or negligent act, error or omission. Notice of an Occurrence, offense, or negligent act, error or omission is not notice of a Claim. 2. If a Claim is received by any Insured, the Insured must: a. Immediately record the specifics of the Claim and the date received; and b. Notify the Underwriters in writing as soon as possible. 3. The Insured must: a. Immediately send the Underwriters copies of any demands, notices, summonses or legal papers received in connection with a Claim or Suit; b. Authorize the Underwriters to obtain records and other information; c. Cooperate with the Underwriters in the investigation, settlement or defense of the Claim or Suit; and d. Assist the Underwriters, 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 Policy may also apply. 4. No Insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense covered under this Policy, other than for first aid, without the Underwriters consent. Applicable to any Pollution Liability Coverage Part: a. In the event of a Claim,the Insured shall notify the Underwriters in writing as soon as practicable and in any event within seven(7) days of the Insured's receipt of the Claim. b. The Insured shall furnish information at the Underwriters request.When a Claim has been made,the Insured shall forward to us as soon as practicable after receipt, or receipt by the Insured's representative or agent,the following: EVX113 12-2016 PAGE18oF41 All correspondence between the Insured and any third party claimant; ii. All demands, summonses, notices or other processes or papers filed with a court of law, administrative agency or an investigative body; iii. All technical reports, laboratory data, field notes or any other documents generated by persons the Insured has hired to investigate or remediate Pollution Conditions; iv. All expert reports, investigations and data collected by experts the Insured has retained, whether or not the Insured intends to uses the material for any purpose; and v. Any other information the Insured has developed or discovered concerning the Claim, whether or not the Insured deems such information to be relevant to the Claim. c. No costs, charges or expenses covered under this Policy shall be incurred in the defense or investigation of Claims without our consent which shall not be unreasonably withheld. Applicable to All Coverage Parts a.All notices under this Section VI., Paragraph A. shall be made in writing and addressed to the entity specified in Item 7.(a) of the Declarations. Notice to a broker or independent insurance agent does not constitute notice to the Underwriters. C. Maintenance of Underlying Insurance The policy or policies referred to in the Schedule of Underlying Insurance or renewals or replacements thereof not more restrictive, shall be maintained as insurance in full force and effect during the term of this Policy without alteration in their terms or conditions; except for any reduction of the limits of liability contained therein solely by payment thereunder. Failure to comply with the foregoing shall not invalidate this Policy but, in the event of such failure,the Underwriters will only be liable to the same extent as we would have been had the Insured so maintained such policy or policies. If during the Policy Period, the terms, conditions, exclusions or limitations of Underlying Insurance are changed in any manner, the Insured shall as a condition precedent to its rights under this Policy give to the Underwriters as EVX113 12-2016 PAGE19oF41 soon practicable written notice of the full particulars thereof. This Policy shall become subject to any such changes upon the effective date of the changes in the Underlying Insurance but only upon the condition that the Underwriters agree to follow such changes by written endorsement attached hereto and the Insured pays when due any additional premium required by the Underwriters relating to such changes and/or agrees to any amendment of the provisions of this Policy required by the Underwriters relating to such changes. D. Receivership, Insolvency or Financial Impairment of Underlying Insurer The Underwriters' liability under this Policy shall in no way be increased or expanded as a result of the receivership, insolvency or inability to pay of any Underlying Insurer, with respect to both the Underwriters' duty to indemnify and the Underwriters'duty to defend.This condition also applies to the Insured as a self-insured for any underlying coverage. E. Appeals In the event the Insured or any Underlying Insurer(s) elect(s) not to appeal a judgment in excess of the limits of Underlying Insurance,the Underwriters may elect to make such appeal at the Underwriters' own cost and expense. The Underwriters shall be liable for the taxable costs and disbursements and interest incidental thereof, but in no event shall the Underwriters liability for Ultimate Net Loss exceed the applicable Limit of Liability under this Policy. F. Other Insurance If other valid and collectible insurance with any other insurer is available to the Insured covering a loss also covered hereunder, this Policy shall be excess of, and shall not contribute with, such other insurance. Excess insurance specifically purchased to apply over the Limits of Liability expressed in this Policy is permitted without prejudice to this Policy and the existence of such specific excess insurance shall not reduce our liability under this Policy G. Application of Salvages—Subrogation All salvages,recoveries or payments recovered or received subsequent to a loss settlement under this Policy shall be applied as if recovered or received prior to such settlement and all necessary adjustment shall then be made between the Insured and the Underwriters, provided always that nothing in this clause shall be construed to mean that losses under this Policy are not recoverable until the Ultimate Net Loss has been finally ascertained. Inasmuch as this Policy is excess coverage, the Insured's right of recovery against any person or other entity cannot always be exclusively subrogated to the Underwriters. It is therefore understood and agreed that in case of any payment hereunder, the Underwriters shall act in concert with all other interests(including the Insured) EVX113 12-2016 PAGE 20 of 41 concerned in the exercise of such rights of recovery. The apportioning of any amounts which may be so recovered shall follow the principle that any interests (including the Insured) that shall have paid an amount over and above any payment hereunder, shall first be reimbursed up to the amount paid by them; shall then be reimbursed out of any balance then remaining up to the amount paid hereunder; lastly, the interests (including the Insured) of whom this coverage is excess are entitled to claim the residue, if any. Expenses necessary to recovery of any such amounts shall be apportioned among the interests concerned, in the ratio of their respective recoveries as finally settled. H. Cancellation This Policy may be cancelled by the first Named Insured by surrender thereof to the Underwriters or any of our authorized agents or by mailing to the Underwriters written notice stating when thereafter the cancellation shall be effective. This Policy may be cancelled by the Underwriters by mailing to the first Named Insured at the address shown in the Declarations, written notice stating when not less than 3o days (io days for nonpayment of premium) thereafter such cancellation shall be effective. Proof of mailing of such notice shall be sufficient proof of notice. The time of surrender or the effective date and hour of cancellation stated in the notice shall become the end of the Policy Period. Delivery of such written notice either by the first Named Insured or by the Underwriters shall be equivalent to mailing. If the first Named Insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the Underwriters cancel, earned premium shall be computed pro rata. Premium adjustment may be either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. First Named Insured The first Named Insured in Item 1 of the Declarations shall be responsible for payment of all premiums, and shall act on behalf of all other Insureds with respect to the giving and receiving of notice of cancellation and the receipt of any return premium that may become payable under this Policy. J. Service of Suit It is agreed that in the event of our failure to pay any amount claimed to be due hereunder, the Underwriters, at the request of the Insured, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District EVX113 12-2016 PAGE21 0F41 Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such Suit may be made upon the entity specified in Item 9. of the Declarations, or his or her representative, and that in any suit instituted against the Underwriters upon this contract,the Underwriters will abide by the final decision of such court or of any appellate court in the event of any appeal. Further, pursuant to any statute of any state,territory, or district of the United States which makes provision therefor, the Underwriters hereby designate the Superintendent, Commissioner, Director of Insurance, or other officer specified for that purpose in the statute, or his or her successor or successors in office as our 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, and hereby designate the above named counsel as the person to whom the said officer is authorized to mail such process or a true copy thereof. K. Choice of Law Any disputes involving this Policy shall be resolved applying the law designated in Item 7. of the Declarations. VII. DEFINITIONS In addition to any applicable definitions in the Underlying Insurance, the following definitions apply to this Policy. A. Policy Period means the period set forth in Item 2 of the Declarations, or any shorter period arising as a result of cancellation of this Policy. B. Retained Limit means the sum of: 1. The total of the amounts indicated as the limits of Underlying Insurance, whether or not collectible; and 2. Other collectible insurance (other than insurance purchased specifically to apply over the limits of liability of this policy); or C. Ultimate Net Loss means the total sum of which the Insured, or any carrier as its insurer, or both, become obligated to pay as Damages arising from a Claim or Suit to which this Policy apples either through adjudication or compromise, including all expenses for settlement,adjustment,investigation and defense of Claims, but excluding the salaries of any of the Underlying Insurers or our employees. D. Underlying Insurance means the insurance policies designated on the Schedule EVX113 12-2016 PAGE 22 of 41 of Underlying Insurance to this policy and any renewals or replacements of such policies. E. Underlying Insurer means any company issuing any policy of Underlying Insurance. The following terms used in this Policy have the same meaning as in the Underlying Insurance: F. Bodily Injury G. Claim H. Claims Expenses I. Cleanup Costs J. Damages K. Impaired Property L. Insured M. Insured Contract N. Named Insured's Work O. Named Insured's Product P. Occurrence Q. Personal and Advertising Injury R. Pollutants S. Pollution Conditions T. Products- Completed Operations Hazard EVX113 12-2016 PAGE 23 of 41 Effective Date: 4/1o/2024 PolicyN umber: EN Coo11228-ol Endorsement Number: 3 STOP GAP - EMPLOYERS LIABILITY COVERAGE ENDORSEMENT- OHIO In consideration of a premium change of, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Limits of Insurance Bodily Injury by Accident $1,000,000 Each Accident Bodily Injury by Disease $1,000,000 Aggregate Limit Bodily Injury by Disease $1,000,000 Each Employee Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.The following is added to Section I - Coverages: Coverage -Stop Gap - Employers Liability 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated by Ohio Law to pay as damages because of"bodily injury by accident" or"bodily injury by disease"to your "employee"to which this insurance applies.We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages to which this insurance does not apply. We may, at our discretion, investigate any accident and settle any claim or"suit" that may result. But: (1)The amount we will pay for damages is limited as described in Section III - Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under this coverage. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b.This insurance applies to "bodily injury by accident" or"bodily injury by disease" only if: CG 04 4103 11 ©Insurance Services Office, Inc. Page 95 (1)The: (a) "Bodily injury by accident" or"bodily injury by disease"takes place in the "coverage territory"; (b) "Bodily injury by accident" or"bodily injury by disease "arises out of and in the course of the injured "employee's" employment by you;and (c) "Employee", at the time of the injury, was covered under a worker's compensation policy and subject to a "workers compensation law" of Ohio; and (2)The: (a)"Bodily injury by accident" is caused by an accident that occurs during the policy period; or (b) "Bodily injury by disease" is caused by or aggravated by conditions of employment by you and the injured "employee's" last day of last exposure to the conditions causing or aggravating such "bodily injury by disease" occurs during the policy period. c. The damages we will pay, where recovery is permitted by law, include damages for: (1)Which you are liable to a third party by reason of a claim or"suit"against you by that third party to recover the damages claimed against such third party as a result of "bodily injury by accident" or "bodily injury by disease"to your"employee"; (2) Care and loss of services resulting from the injury referred to in c.(1); and (3)"Bodily injury by accident" or"bodily injury by disease"to a spouse, child, parent, brother or sister of the injured "employee" as a consequence of the injury referred to in c.(1); provided that these damages are the direct consequence of"bodily injury by accident" or "bodily injury by disease" that arises out of and in the course of the injured "employee's" employment by you. 2. Exclusions This insurance does not apply to: a. Intentional Injury "Bodily injury by accident" or"bodily injury by disease" intentionally caused or aggravated by you, or"bodily injury by accident" or"bodily injury by disease" resulting from an act which is determined to have been committed by you if it was reasonable to believe that an injury is substantially certain to occur. b. Fines Or Penalties Any assessment, penalty, or fine levied by any regulatory inspection agency or authority. CG 04 4103 11 ©Insurance Services Office, Inc. Page 96 c. Statutory Obligations Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. d. Contractual Liability Liability assumed by you under any contract or agreement. e.Violation Of Law "Bodily injury by accident" or"bodily injury by disease" suffered or caused by any employee while employed in violation of law with your actual knowledge or the actual knowledge of any of your"executive officers". f. Termination, Coercion Or Discrimination Damages arising out of coercion, criticism, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination against or termination of any "employee", or arising out of other employment or personnel decisions concerning the insured. g. Failure To Comply With "Workers' Compensation Law" "Bodily injury by accident" or"bodily injury by disease"to an "employee" when you are: (1) Deprived of common law defenses; or (2) Otherwise subject to penalty; because of your failure to secure your obligations or other failure to comply with any "workers' compensation law". h. Violation Of Age Laws Or Employment Of Minors "Bodily injury by accident" or"bodily injury by disease" suffered or caused by any person: (1) Knowingly employed by you in violation of any law as to age; or (2) Under the age of 14 years, regardless of any such law. i. Federal Laws Any premium, assessment, penalty, fine, benefit, liability or other obligation imposed by or granted pursuant to: (1)The Federal Employer's Liability Act(45 USC Section 51-60); (2)The Non-appropriated Fund Instrumentalities Act(5 USC Sections 8171-8173); (3)The Longshore and Harbor Workers' Compensation Act(33 USC Sections g10- 950); (4)The Outer Continental Shelf Lands Act(43 USC Section 1331-1356); (5)The Defense Base Act(42 USC Sections -651-1654); CG 04 4103 11 ©Insurance Services Office, Inc. Page 97 (6)The Federal Coal Mine Health and Safety Act of 1969 (3o USC Sections 901-942); (7)The Migrant and Seasonal Agricultural Worker Protection Act (29 USC Sections 1801-1872); (8)Any other workers' compensation, unemployment compensation or disability laws or any similar law; or (9)Any subsequent amendments to the laws listed above. j. Punitive Damages Multiple, exemplary or punitive damages. k. Crew Members "Bodily injury by accident" or"bodily injury by disease"to a master or member of the crew of any vessel or any member of the flying crew of an aircraft. B.The Supplementary Payments provisions apply to Coverage- Stop Gap Employers Liability as well as to Coverages A and B. C. For the purposes of this endorsement, Section II -Who Is An Insured, is replaced by the following: If you are designated in the Declarations as: 1.An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole 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. 3. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. 4.An organization other than a partnership, joint venture or limited liability company, you are an insured. Your"executive officers" and directors are insureds, but only with respect to their duties as your officers or directors.Your stockholders are also insureds, but only with respect to their liability as stockholders. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. For the purposes of this endorsement, Section III - Limits Of Insurance, is replaced by the following: 1.The Limits Of Insurance shown in the Schedule of this endorsement and the rules below fix the CG 04 4103 11 ©Insurance Services Office, Inc. Page 98 most we will pay regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing"suits". 2. The "Bodily Injury By Accident" - Each Accident Limit shown in the Schedule of this endorsement is the most we will pay for all damages covered by this insurance because of"bodily injury by accident"to one or more "employees" in any one accident. 3. The"Bodily Injury By Disease" -Aggregate Limit shown in the Schedule of this endorsement is the most we will pay for all damages covered by this insurance and arising out of"bodily injury by disease", regardless of the number of"employees" who sustain "bodily injury by disease". 4. Subject to Paragraph D.3. of this endorsement,the "Bodily Injury By Disease" - Each "Employee" Limit shown in the Schedule of this endorsement is the most we will pay for all damages because of "bodily injury by disease" to any one "employee". The limits of the coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. For the purposes of this endorsement, Paragraph 2. Duties In The Event Of Occurrence, Claim Or Suit of the Conditions in Section IV is replaced by the following: 2. Duties In The Event Of Injury, Claim Or Suit a. You must see to it that we or our agent are notified as soon as practicable of a "bodily injury by accident" or"bodily injury by disease" which may result in a claim.To the extent possible, notice should include: (1) How, when and where the"bodily injury by accident" or"bodily injury by disease" took place; (2)The names and addresses of any injured persons and witnesses; and (3)The nature and location of any injury. b. If a claim is made or"suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or"suit"and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or"suit" as soon as practicable. c. You and any other involved insured must: CG 04 4103 11 ©Insurance Services Office, Inc. Page 99 (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the injury, claim, proceeding or"suit"; (2)Authorize us to obtain records and other information; (3) Cooperate with us and assist us, as we may request, in the investigation or settlement of the claim or defense against the"suit"; (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 to which this insurance may also apply; and (5) Do nothing after an injury occurs that would interfere with our right to recover from others. 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. F. For the purposes of this endorsement, Paragraph 4. of the Definitions Section is replaced by the following: 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. In ternational waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of the activities of a person whose home is in the territory described in a. above, but who is away for a short time on your business; provided the insured's responsibility to pay damages is determined in the United States (including its territories and possessions), Puerto Rico, or Canada, in a suit on the merits according to the substantive law in such territory, or in a settlement we agree to. G.The following are added to the Definitions Section: 1. "Workers' Compensation Law" means the Workers' Compensation Law and any Occupational Disease Law of Ohio. This does not include provisions of any law providing non-occupational disability benefits. 2. "Bodily injury by accident" means bodily injury, sickness or disease sustained by a person, including death, resulting from an accident. A disease is not"bodily injury by accident" unless it results directly from "bodily injury by accident". 3. "Bodily injury by disease" means a disease sustained by a person, including death. "Bodily injury by disease" does not include a disease that results directly from an accident. CG 04 4103 11 ©Insurance Services Office, Inc. Page 100 H. For the purposes of this endorsement, the definition of"bodily injury" does not apply. CG 04 4103 11 ©Insurance Services Office, Inc. Page 101 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/3/2024 (248) 294-7575 Markleys Precision Company LLC 1884 Prospect Rd New London, OH 44851--9531 A 1,000,000 X X ENC0011228 4/10/2024 4/10/2025 300,000 Contractual 25,000 X, C, & U 1,000,000 2,000,000 2,000,000 5,000,000A X X ENX0011229 4/10/2024 4/10/2025 5,000,000 0 A Professional Liab ENC0011228 4/10/2024 $1M/$2M A Pollution Liab ENC0011228 4/10/2024 4/10/2025 $1M/$2M RE: Reservoir 17 - Interior Coating Replacement City of Bremerton, Owner, Engineer and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors are included as an additional insured on a primary and non-contributory basis with respects to the General Liability and Excess policy, when required by written contract. Written 30 day notice of cancellation, 10 days for non-payment is provided per the terms and conditions of the policy. City of Bremerton 400 Ridge Lane Bremerton, WA 98311 MARKPRE-01 NPACE ZGI LLC 900 Wilshire Drive, 2nd Floor, Suite 256 Troy, MI 48084 Nyssa Pace Nyssa@zervosins.com Beazley Syndicates 4/10/2025 X X X X X X X X EVA123B 03/2022 Page 127 Effective Date: 4/10/2024 Policy Number: ENC0011228-01 Endorsement Number: 20 BLANKET NOTICE OF CANCELLATION TO CERTIFICATE HOLDER This endorsement modifies insurance provided under all coverages applicable to this policy. All other terms and conditions of this Policy remain unchanged. In consideration of the premium charged for the Policy, it is hereby understood and agreed that in addition to the provisions of the CANCELLATION AND NONRENEWAL clause, in the event this Policy is cancelled or non-renewed by the Underwriters, the Underwriters will endeavor to deliver to the following listed party(ies) or to send to the following listed party(ies) by facsimile transmission, registered, certified or other first class mail, at the address stated below, written notice stating when not less than 30 days after the date of such notice the cancellation or non-renewal shall be effective. However, this advance notification of pending cancellation of coverage is intended as a courtesy only. Underwriters’ failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Certificate Holders: All Certificate holders where this endorsement is required by contract and as kept on file with the Agent of Record. CG 20 10 07 04 ©Insurance Services Office, Inc. Page 103 Effective Date: 4/10/2024 PolicyNumber: ENC0011228-01 Endorsement Number: 5 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION In consideration of a premium change of , this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Name of Additional Insured Person(s) Or Organization(s): Location(s) of Covered Operations As required by written contract.As required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: CG 20 10 07 04 ©Insurance Services Office, Inc. Page 104 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 37 07 04 ©Insurance Services Office, Inc. Page 105 Effective Date: 4/10/2024 PolicyNumber: ENC0011228-01 Endorsement Number: 6 ADDITIONAL INSURED – OWNERS, LESSORS OR CONTRACTORS – COMPLETED OPERATIONS In consideration of a premium change of , this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations As required by written contract.As required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 01 04 13 ©Insurance Services Office, Inc.Page 102 Effective Date: 4/10/2024 PolicyNumber: ENC0011228-01 Endorsement Number: 4 PRIMARY/NON-CONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. SCHEDULE: Specific Entity to Schedule if required – As required by written contract. CG 24 04 10 93 ©Insurance Services Office, Inc. Page 107 Effective Date: 4/10/2024 PolicyNumber: ENC0011228-01 Endorsement Number: 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Name of Person or Organization: As required by written contract. All Person(s) Or Organization(s) where this endorsement is required by contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV – COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CGL160 12/2016 Page 109 Effective Date: 4/10/2024 PolicyNumber: ENC0011228-01 Endorsement Number: 10 DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT In consideration of a premium change of , this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Designated Projects: Project: As required by written contract The aggregate limit amount is capped at $2,000,000 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I ), and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical 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". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated CGL160 12/2016 Page 110 construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I ), and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project 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 Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION III ) not otherwise modified by this endorsement shall continue to apply as stipulated. EVX113 12-2016 PAGE 6 OF 41 COMMERCIAL EXCESS LIABILITY INSURANCE THIS POLICY MAY PROVIDE CLAIMS MADE COVERAGE UNDER COVERAGE A., CERTAIN PROVISIONS IN THIS POLICY RESTRICT COVERAGE. READ THE ENTIRE POLICY CAREFULLY TO DETERMINE YOUR RIGHTS AND DUTIES, AND WHAT IS AND IS NOT COVERED. The word "Insured" means any person or organization qualifying as such in Underlying Insurance. Words and phrases that appear in bold have special meaning. Refer to DEFINITIONS (Section VII). In consideration of the payment of the premium, and in reliance upon the statements in the Application and subject to the Limits of Liability, exclusions, conditions and other terms of this Policy, the Underwriters agree with the Insured as follows: I. COVERAGES A.Excess Following Form Liability Insurance The Underwriters will pay on behalf of the Insured that portion of Ultimate Net Loss in excess of the Retained Limit which the Insured becomes legally obligated to pay as Damages because of any Claim or Suit to which this Policy applies, due to: 1. liability imposed upon the Insured by law; or 2. liability assumed by the Insured under an Insured Contract. This Coverage A. applies to Ultimate Net Loss to the extent covered by Underlying Insurance but in excess of the Limits of Liability thereof. The Insurance afforded under this Coverage A. is subject to the same insuring agreements, exclusions, definitions and conditions contained in the Underlying Insurance in effect on the inception date of this Policy, except as to premium, duty to defend, limits of liability, and notice, and except as to any other provisions in this Policy inconsistent with those in the Underlying Insurance. II. DEFENSE A. 1. Except as provided in paragraphs A.2. and A.3. below, the Underwriters shall not be called upon to assume charge of the settlement or defense of any Claim made or Suit brought or proceedings instituted against the Insured. The Underwriters shall have the right and shall be given the opportunity to associate with the Insured or the Underlying Insurer, or EVX113 12-2016 PAGE 7 OF 41 both, in the defense and control of any Claim or Suit which involves, or appears reasonably likely to involve this Policy. In such event, the Insured, the Underlying Insurer and the the Underwriters shall cooperate in all things in the defense of such Claim, Suit or proceeding. 2. The Underwriters shall not pay any Claims Expenses unless a Claim or Suit otherwise covered by Underlying Insurance will not be defended by the Underlying Insurer due to the exhaustion of the applicable limits paid thereunder. The Underwriters will have the right and duty to defend any Claim or Suit for which there would be a right and duty to defend under the Underlying Insurance but for the exhaustion of any applicable limits paid thereunder. 3. The Underwriters shall not be obligated to defend any Claim or Suit, or pay any Claims Expenses, after the applicable limit of liability has been exhausted by payments pursuant to this Policy. B. The Underwriters will pay as part of Ultimate Net Loss: (1) all premiums on any bond to release any attachment for an amount not in excess of the applicable limit of liability of this Policy, but without any obligation to apply for or furnish such bond; (2) all premiums on any appeal bond required in any defended suit, but without any obligation to apply for or furnish such bond; (3) costs taxed against the Insured in any Claim or Suit the Underwriters defend; (4) all expenses incurred by the Underwriters; and (5) all interest accruing after entry of any judgment which does not exceed the Limit of Liability, and before the Underwriters have paid, offered to pay, or deposited in court that part of the judgment that is within the applicable Limit of Liability. C. As part of Ultimate Net Loss, the Underwriters will reimburse the Insured for all reasonable expenses incurred (including actual loss of wages or salary, but not loss of other income, not to exceed $100 per day) because of the Insured's attendance at hearings or trials at Underwriters request. D. As part of Ultimate Net Loss, the Underwriters will pay all pre-judgment interest awarded against the Insured on that part of any judgment which does not exceed the Limit of Liability. If the Underwriters make an offer to pay the applicable Limit of liability, the Underwriters will not pay any pre-judgment interest based on any period of time after the time that the offer was made. E. 1. With respect to Underlying Insurance, except any Pollution Liability or Professional Liability Coverage: a. If Claims Expenses are subject to the limit of liability of Underlying Insurance, then Claims Expenses payable under this Policy are subject to the Limit of Liability stated in the Declarations of this Policy and are included as part of Ultimate Net Loss; 12-2016EVX113 PAGE 8 OF 41 b. If Claims Expenses are payable in addition to the applicable limit of liability for such coverage part, then, for Claims Expenses payable under this Policy, the Underwriters will pay such costs and expenses in addition to the applicable Limit of Liability of this Policy, but only for Bodily Injury, Property Damage, Personal and Advertising Injury covered by this Policy. 2. With respect to any Pollution Liability or Professional Liability Coverage Part of Underlying Insurance, Claims Expenses payable under this Policy are subject to the Limit of Liability stated in the Declarations of this Policy and are included as part of Ultimate Net Loss. F. When the Underwriters have a duty to defend, in the event the Insured is entitled by law to select independent counsel to defend a Suit at the Underwriters expense, the attorney fees and all other litigation expenses the Underwriters must pay to that counsel are limited to the rates the Underwriters actually pay to counsel the Underwriters retain in the ordinary course of business in the defense of similar Claims or Suits in the community where the Claim or Suit arose or is being defended. Additionally, the Underwriters may exercise the right to require that such counsel have certain minimum qualifications with respect to their competency including experience in defending Claims or Suits similar to the one pending against the Insured and to require such counsel to have errors and omissions insurance coverage. With respect to any such counsel, the Insured will procure such counsel, and agrees that counsel will timely respond to the Underwriter’s requests for information regarding the Claim or Suit. Furthermore, the Insured may at any time, by the Insured's signed consent, freely and fully waive these rights to select independent counsel. III. EXCLUSIONS These exclusions apply in addition to any applicable exclusions in Underlying Insurance. This Policy does not apply to: A. Any obligation incurred or imposed upon or imputed to the Insured or the Insured's insurer under the Employee Retirement Income Security Act of 1974, Public Law 93-406, or amendments thereto or any similar provisions of state statutory law or common law. B. Any obligation for which the Insured may be liable under any first-party physical damage coverage, under any personal injury protection or auto medical payments EVX113 12-2016 PAGE 9 OF 41 coverage, under any uninsured motorists, underinsured motorists, or automobile no-fault or first party law(s); it being expressly agreed that this policy does not afford any no fault, uninsured motorists or underinsured motorists coverage. C. Discrimination on any basis, including but not limited to: race, creed, religion, ethnic background, national origin, age, handicap, sex or sexual orientation. D. Any Damages arising out of: 1. The purchase, or sale, or offer of sale, or solicitation of any security, debt, bank deposit or financial interest or instrument; 2. Any representations made at any time in relation to the price or value of any security, debt, bank deposit or financial interest or instrument; or 3. Any depreciation or decline in price or value of any security, debt, bank deposit or financial interest or instrument. E.Damages claimed for any loss, cost or expense incurred by the Insured or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: 1.Named Insured’s Products; 2.Named Insured’s Work; or 3.Impaired Property; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. F.Bodily Injury, Property Damage, Personal and Advertising Injury, Cleanup Costs, expected or intended from the standpoint of the Insured. However this exclusion does not apply to: 1.Bodily Injury or Property Damage resulting from the use of reasonable force to protect persons or property; or 2. Liability of the Insured for Damages as the result of an act committed by the Insured’s employee(s) which results in Bodily Injury or Property Damage expected or intended from the standpoint of the Insured’s employee(s), provided such act was not committed at the direction of the Insured. EVX113 12-2016 PAGE 10 OF 41 G. arising out of or resulting from any criminal, dishonest, intentional, fraudulent, malicious, willful or knowing act, error or omission committed by any Insured; however, this Policy shall apply to Claims Expenses incurred in defending any such Claim alleging the foregoing until such time as there is a final adjudication, judgment, binding arbitration decision or conviction against the Insured, or admission by the Insured, establishing such criminal, dishonest, intentional, fraudulent, malicious willful or knowing conduct, or a plea of nolo contendere or no contest regarding such conduct, at which time the Insured shall reimburse the Underwriters for all Claims Expenses incurred defending the Claim and the Underwriters shall have no further liability for Claims Expenses. H Bodily Injury, Property Damage, Personal and Advertising Injury, Cleanup Costs, or loss arising from any radioactive matter, whether or not naturally present in the environment. I. Liability to any employee with respect to Bodily Injury or Personal and Advertising Injury to another employee of the same employer injured in the course of such employment. J.Property Damage arising out of: 1. Property owned, rented or occupied by any Insured; 2. Premises sold, given away or abandoned if the Property Damage arises out of any part of those premises; 3. Property loaned to any Insured; 4. Personal property in the care, custody or control of the Insured; 5. That particular part of any real property on which the Insured or any contractors working directly or indirectly on the Insured’s behalf are performing operations if the Property Damage arises out of those operations; or 6. That particular part of any property that must be restored repaired or replaced because the Named Insured’s Work was incorrectly performed on it. Paragraph 2. of this exclusion does not apply if the premises are the Named Insured’s Work and were never occupied, rented or held for rental by the Insured. Paragraphs 3., 4., 5., and 6, of this exclusion do not apply to liability assumed under a sidetrack agreement. EVX113 12-2016 PAGE 11 OF 41 Paragraph 6. of this exclusion does not apply to Property Damage included in the Products-Completed Operations Hazard. K. Property Damage to Impaired Property or property that has not been physically injured, arising out of: 1. A defect, deficiency, inadequacy or dangerous condition in the Named Insured’s Product or Named Insured’s Work; or 2. A delay or failure by the Insured or anyone acting on behalf of the Insured to perform a contract or agreement in accordance with its terms. L. Property Damage to Named Insured’s Product arising out of it or any part of it. M. Property Damage to Named Insured’s Work arising out of it or any part of it and included in the Products-Completed Operations Hazard. However, this exclusion does not apply if the damaged work or the work out of which the damage arises was performed by a subcontractor on behalf of the Insured. N. Bodily Injury or Property Damage arising out of the ownership, maintenance, operation, use, loading or unloading, or entrustment to others of any watercraft or any aircraft owned by the Insured or rented to the Insured without a crew. O. Bodily Injury or Property Damage arising out of the ownership, maintenance, use, operation, loading or unloading or entrustment to others of any automobile with the United States of America, including its possessions and territories, Puerto Rico, Canada, or in or on international waters or airspace white that automobile is being transported between any of those places. P. Bodily Injury or Property Damage due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. Q. Personal and Advertising Injury: 1. Caused by or at the direction of any Insured with the knowledge that the act would violate the rights of another and would inflict Personal and Advertising Injury; 2. Arising out of oral, written or electronic publication of material if done by or at the direction of any Insured with knowledge of its falsity; 3. Arising out of oral, written or electronic publication of material whose first publication took place before the beginning of the Policy Period; 4. For which the Insured has assumed liability in a contract or agreement. EVX113 12-2016 PAGE 12 OF 41 This exclusion does not apply to liability for damages that the Insured would have in the absence of the contract or agreement; 5. Arising out of a breach of contract, except an implied contract to use another’s advertising idea; 6. Arising out of the failure of goods, products or services to conform with any statement of quality or performance made; 7. Arising out of the wrong description of the price of goods, products or services; 8. Committed by an Insured whose business is advertising, broadcasting, publishing or telecasting; designing or determining content or websites for others; or an internet search, access content or service provider; or 9. Arising out of an electronic chatroom or bulletin board the Insured hosts owns or over which the Insured exercises control. R. Bodily Injury, Property Damage or Personal and Advertising Injury arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. S. Bodily Injury, Property Damage or Personal and Advertising Injury arising directly or indirectly out of any action or omission that violates or is alleged to violate: 1. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; 2. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or 3. Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. T. Bodily Injury or Personal and Advertising Injury for or arising out of or resulting from: 1. any actual or alleged injury or damage to any person arising out of any: a. Refusal to employ such person; b. Termination of such person’s employment; or c. Employment related practices, policies, acts or omissions, such as EVX113 12-2016 PAGE 13 OF 41 coercion, demotion, evaluation, reassignment, discipline, wrongful infliction of emotional distress or other related torts, defamation, harassment, wrongful depravation of a career opportunity, humiliation, discrimination, written or implied employment contract or quasi-employment contract, or violation of any federal, state or local statute, regulation, ordinance, common law or public policy concerning employment or discrimination in employment; or 2. Any actual or alleged injury or damage to any spouse (or person living together as spouse), child, parent, brother, sister or dependent of such person as a consequence of 1. above. This exclusion applies: i. Whether the Insured may be liable as an employer or in any other capacity; and ii. To any obligation to share Damages with or repay someone else who must pay Damages arising out of such liability. U. Bodily Injury or Personal and Advertising Injury for or arising out of or resulting from: 1.Bodily Injury to any employee of the Insured arising out of and in the course of: (a) Employment by the Insured; or (b) Performing duties related to the conduct of the Insured’s business; or 2.Bodily Injury to any spouse (or person living together as spouse), child, parent, brother, sister or dependent of the employee as a consequence of 1. above; or 3. The Insured’s employment obligations, decisions, practices or policies as an employer; or 4. Any obligation which the Insured or any carrier as insurer may be liable under any workers compensation, unemployment compensation or disability benefits law or similar law. This exclusion applies: (i) Whether the Insured may be liable as an employer or in any other capacity; and EVX113 12-2016 PAGE 14 OF 41 (ii) To any obligation to share Damages with or repay someone else who must pay Damages arising out of such liability. V.Any coverage in any “underlying insurance” which is subject to reduced limits of insurance different from the limits of insurance stated in the Schedule of Underlying Insurance, whether it be referred to as a sublimit, or any other basis. IV. LIMITS OF LIABILITY A. The Limits of Liability shown in the Declarations and the rules below fix the most the Underwriters will pay regardless of the number of Insureds under this Policy, the number of Claims made or Suits brought, or the number of persons or organizations making Claims or bringing Suits. B.Each Occurrence, Offense or Loss Limit Subject to Section IV., Paragraphs C. and D. below, the total limit of the Underwriters liability for Ultimate Net Loss for each Occurrence, offense or loss, or any combination thereof, shall not exceed the amount specified in Item 3(a) of the Declarations as applicable to "Each Occurrence, Offense or Loss". For the purpose of determining the Limit of Liability: 1. All Bodily Injury or Property Damage under Underlying Insurance and arising out of continuous or repeated exposure to substantially the same general conditions shall be deemed to arise out of one Occurrence; 2. With respect to Personal and Advertising Injury under Underlying Insurance, all Damages involving the same, related or continuous injurious material, act or offense (regardless of the frequency or repetition thereof, the number or kind of media used, or the number of claimants) shall be deemed to arise out of one offense; and 3. With respect to Bodily Injury, Property Damage or Cleanup Costs under any Pollution Liability Coverage Part of Underlying Insurance, all loss arising out of the same, related or continuous Pollution Conditions shall be deemed to arise out of one loss; 4. With respect to loss under any Professional Liability Coverage Part of Underlying Insurance, all loss arising out of the same, related or continuous negligent acts, errors or omissions shall be deemed to arise out of one loss. EVX113 12-2016 PAGE 15 OF 41 C.Retained Limit 1. The Underwriters will be liable only for that portion of the Ultimate Net Loss in excess of the Retained Limit. 2. With respect to Coverage A., subject to the terms and conditions of this Policy and the Limit of Liability stated in the Declarations, in the event of the reduction or exhaustion of the aggregate limits of liability of Underlying Insurance by payment thereunder, the Underwriters will: (a) In the event of reduction, pay in excess of the reduced limits of such Underlying Insurance; or (b) In the event of exhaustion of the aggregate limits of liability of Underlying Insurance, continue this Policy in force as Underlying Insurance. D.General Aggregate This Policy is subject to the aggregate Limits of Liability specified in Item 3(b)(i) of the Declarations as "General Aggregate". Subject to Section II.E.1.b., this aggregate Limit of Liability is the maximum amount which the Underwriters will pay under this Policy for all Ultimate Net Loss covered hereunder. When an amount is indicated in Item 3(b)(ii) of the Declarations, such aggregate Limit of Liability shall apply separately to the Products - Completed Operations Hazard. E.Limit Exhaustion This Policy shall cease to apply once the applicable Limits of Liability have been exhausted by payment of Ultimate Net Loss. F.Insolvency/Breach of Conditions The Underwriters’ liability under this Policy shall not be increased by: 1. The insolvency or inability to pay of the Insured or any Underlying Insurer; or 2. The refusal of any Underlying Insurer to pay by reason of the Insured's breach of a condition of Underlying Insurance. V. EXTENDED REPORTING PERIODS The Extended Reporting Periods described below are available under this Policy only when the option is given and purchased under the Underlying Insurance. EVX113 12-2016 PAGE 16 OF 41 A. The Underwriters will provide an Extended Reporting Period only if this Policy is either cancelled by the Insured or cancelled or not renewed by the Underwriters for any reason except non-payment of premium. Non-renewal shall mean the refusal by the Underwriters to renew the policy on any terms. Non-renewal shall not mean change in premium, or required underlying limits, self-insured retention or any other terms and condition. B. A Claim first made, in writing, during the Extended Reporting Period will be deemed to have been made on the last day of the Policy Period, provided that the Claim is for: 1. Loss because of Bodily Injury, Property Damage Or Cleanup Costs covered by Underlying Insurance, arising from a Pollution Condition that commenced before the end of the Policy Period but not before the Retroactive Date; or 2. Loss covered by Underlying Insurance arising from a negligent act, error or omission that commenced before the end of the Policy Period but not before the Retroactive Date. C. The Extended Reporting Period will not reinstate or increase the Limits of Liability or extend the Policy Period under this Policy. D. The Extended Reporting Period will be as set forth below: 1. If no other insurance the Insured purchases to replace this Policy applies to the Claim or would apply but for the exhaustion of its applicable Limits of Liability, the Underwriters will provide an automatic limited Extended Reporting Period for the same duration as the automatic limited Extended Reporting Period for Underlying Insurance. This automatic limited Extended Reporting Period will commence at the earlier of this Policy's expiration date or cancellation date. This automatic limited Extended Reporting Period may not be cancelled and requires no additional premium. 2. If the Insured has purchased an optional Extended Reporting Period for Underlying Insurance, the Insured may purchase the optional Extended Reporting Period Endorsement under this Policy, in which event, the Underwriters will provide an optional Extended Reporting Period for the same duration as the optional Extended Reporting Period for Underlying Insurance. This optional Extended Reporting Period will commence at the earlier of this Policy's expiration date or cancellation date. The Underwriters will issue the optional Extended Reporting Period Endorsement if the Insured: a. Makes a written request for it which the Underwriters receive EVX113 12-2016 PAGE 17 OF 41 within thirty (30) days after the end of the Policy Period or effective cancellation date of the Policy; and b. Pay the additional premium within thirty (30) days after said request. This optional Extended Reporting Period Endorsement will not take effect unless the additional premium is paid when due. If that premium is paid when due, the Endorsement may not be cancelled. E. The premium for the optional Extended Reporting Period Endorsement will not exceed 200% of the full annual premium for this Policy and will be fully earned when the Endorsement takes effect. F. If Underwriters provide an Extended Reporting Period, the Other Insurance condition (Section VI., Paragraph F.) is amended so that this Policy will be excess over any other valid and collectible insurance available to the Insured whether primary, excess, contingent or on any other basis, whose policy period begins or continues after the Extended Reporting Period takes effect. VI. CONDITIONS In addition to any applicable Conditions in the Underlying Insurance, the following conditions apply to this Policy: A.Prior Insurance and Non-Cumulation of Liability It is agreed that if any loss covered hereunder is also covered in whole or in part under any other excess policy available to the Insured in effect prior to the inception date hereof, the Underwriters’ Limit of Liability as stated in the Declarations shall be reduced by any amounts payable on behalf of the Insured by such prior insurance. B. Duties in the Event of Occurrence, Offense, Claim or Suit: Applicable to All Coverage Parts Other than any Pollution Liability Coverage Part 1. The Insured must notify the Underwriters in writing as soon as possible of an Occurrence, offense, or negligent act, error or omission which may result in a Claim. To the extent possible, notice should include: a. How, when and where the Occurrence, offense, or negligent act, error or omission took place; EVX113 12-2016 PAGE 18 OF 41 b. The names and addresses of any injured persons and witnesses; and c. The nature and location of any injury or damage arising out of the Occurrence, offense, or negligent act, error or omission. Notice of an Occurrence, offense, or negligent act, error or omission is not notice of a Claim. 2. If a Claim is received by any Insured, the Insured must: a. Immediately record the specifics of the Claim and the date received; and b. Notify the Underwriters in writing as soon as possible. 3. The Insured must: a. Immediately send the Underwriters copies of any demands, notices, summonses or legal papers received in connection with a Claim or Suit; b. Authorize the Underwriters to obtain records and other information; c. Cooperate with the Underwriters in the investigation, settlement or defense of the Claim or Suit; and d. Assist the Underwriters, 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 Policy may also apply. 4. No Insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense covered under this Policy, other than for first aid, without the Underwriters consent. Applicable to any Pollution Liability Coverage Part: a. In the event of a Claim, the Insured shall notify the Underwriters in writing as soon as practicable and in any event within seven (7) days of the Insured's receipt of the Claim. b. The Insured shall furnish information at the Underwriters request. When a Claim has been made, the Insured shall forward to us as soon as practicable after receipt, or receipt by the Insured's representative or agent, the following: EVX113 12-2016 PAGE 19 OF 41 i. All correspondence between the Insured and any third party claimant; ii. All demands, summonses, notices or other processes or papers filed with a court of law, administrative agency or an investigative body; iii. All technical reports, laboratory data, field notes or any other documents generated by persons the Insured has hired to investigate or remediate Pollution Conditions; iv. All expert reports, investigations and data collected by experts the Insured has retained, whether or not the Insured intends to uses the material for any purpose; and v. Any other information the Insured has developed or discovered concerning the Claim, whether or not the Insured deems such information to be relevant to the Claim. c. No costs, charges or expenses covered under this Policy shall be incurred in the defense or investigation of Claims without our consent which shall not be unreasonably withheld. Applicable to All Coverage Parts a. All notices under this Section VI., Paragraph A. shall be made in writing and addressed to the entity specified in Item 7.(a) of the Declarations. Notice to a broker or independent insurance agent does not constitute notice to the Underwriters. C.Maintenance of Underlying Insurance The policy or policies referred to in the Schedule of Underlying Insurance or renewals or replacements thereof not more restrictive, shall be maintained as insurance in full force and effect during the term of this Policy without alteration in their terms or conditions; except for any reduction of the limits of liability contained therein solely by payment thereunder. Failure to comply with the foregoing shall not invalidate this Policy but, in the event of such failure, the Underwriters will only be liable to the same extent as we would have been had the Insured so maintained such policy or policies. If during the Policy Period, the terms, conditions, exclusions or limitations of Underlying Insurance are changed in any manner, the Insured shall as a condition precedent to its rights under this Policy give to the Underwriters as EVX113 12-2016 PAGE 20 OF 41 soon practicable written notice of the full particulars thereof. This Policy shall become subject to any such changes upon the effective date of the changes in the Underlying Insurance but only upon the condition that the Underwriters agree to follow such changes by written endorsement attached hereto and the Insured pays when due any additional premium required by the Underwriters relating to such changes and/or agrees to any amendment of the provisions of this Policy required by the Underwriters relating to such changes. D.Receivership, Insolvency or Financial Impairment of Underlying Insurer The Underwriters’ liability under this Policy shall in no way be increased or expanded as a result of the receivership, insolvency or inability to pay of any Underlying Insurer, with respect to both the Underwriters’ duty to indemnify and the Underwriters’ duty to defend. This condition also applies to the Insured as a self-insured for any underlying coverage. E.Appeals In the event the Insured or any Underlying Insurer(s) elect(s) not to appeal a judgment in excess of the limits of Underlying Insurance, the Underwriters may elect to make such appeal at the Underwriters’ own cost and expense. The Underwriters shall be liable for the taxable costs and disbursements and interest incidental thereof, but in no event shall the Underwriters liability for Ultimate Net Loss exceed the applicable Limit of Liability under this Policy. F.Other Insurance If other valid and collectible insurance with any other insurer is available to the Insured covering a loss also covered hereunder, this Policy shall be excess of, and shall not contribute with, such other insurance. Excess insurance specifically purchased to apply over the Limits of Liability expressed in this Policy is permitted without prejudice to this Policy and the existence of such specific excess insurance shall not reduce our liability under this Policy G.Application of Salvages – Subrogation All salvages, recoveries or payments recovered or received subsequent to a loss settlement under this Policy shall be applied as if recovered or received prior to such settlement and all necessary adjustment shall then be made between the Insured and the Underwriters, provided always that nothing in this clause shall be construed to mean that losses under this Policy are not recoverable until the Ultimate Net Loss has been finally ascertained. Inasmuch as this Policy is excess coverage, the Insured's right of recovery against any person or other entity cannot always be exclusively subrogated to the Underwriters. It is therefore understood and agreed that in case of any payment hereunder, the Underwriters shall act in concert with all other interests (including the Insured) EVX113 12-2016 PAGE 21 OF 41 concerned in the exercise of such rights of recovery. The apportioning of any amounts which may be so recovered shall follow the principle that any interests (including the Insured) that shall have paid an amount over and above any payment hereunder, shall first be reimbursed up to the amount paid by them; shall then be reimbursed out of any balance then remaining up to the amount paid hereunder; lastly, the interests (including the Insured) of whom this coverage is excess are entitled to claim the residue, if any. Expenses necessary to recovery of any such amounts shall be apportioned among the interests concerned, in the ratio of their respective recoveries as finally settled. H.Cancellation This Policy may be cancelled by the first Named Insured by surrender thereof to the Underwriters or any of our authorized agents or by mailing to the Underwriters written notice stating when thereafter the cancellation shall be effective. This Policy may be cancelled by the Underwriters by mailing to the first Named Insured at the address shown in the Declarations, written notice stating when not less than 30 days (10 days for nonpayment of premium) thereafter such cancellation shall be effective. Proof of mailing of such notice shall be sufficient proof of notice. The time of surrender or the effective date and hour of cancellation stated in the notice shall become the end of the Policy Period. Delivery of such written notice either by the first Named Insured or by the Underwriters shall be equivalent to mailing. If the first Named Insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the Underwriters cancel, earned premium shall be computed pro rata. Premium adjustment may be either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. I.First Named Insured The first Named Insured in Item 1 of the Declarations shall be responsible for payment of all premiums, and shall act on behalf of all other Insureds with respect to the giving and receiving of notice of cancellation and the receipt of any return premium that may become payable under this Policy. J.Service of Suit It is agreed that in the event of our failure to pay any amount claimed to be due hereunder, the Underwriters, at the request of the Insured, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District EVX113 12-2016 PAGE 22 OF 41 Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such Suit may be made upon the entity specified in Item 9. of the Declarations, or his or her representative, and that in any suit instituted against the Underwriters upon this contract, the Underwriters will abide by the final decision of such court or of any appellate court in the event of any appeal. Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefor, the Underwriters hereby designate the Superintendent, Commissioner, Director of Insurance, or other officer specified for that purpose in the statute, or his or her successor or successors in office as our 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, and hereby designate the above named counsel as the person to whom the said officer is authorized to mail such process or a true copy thereof. K.Choice of Law Any disputes involving this Policy shall be resolved applying the law designated in Item 7. of the Declarations. VII. DEFINITIONS In addition to any applicable definitions in the Underlying Insurance, the following definitions apply to this Policy. A.Policy Period means the period set forth in Item 2 of the Declarations, or any shorter period arising as a result of cancellation of this Policy. B.Retained Limit means the sum of: 1. The total of the amounts indicated as the limits of Underlying Insurance, whether or not collectible; and 2. Other collectible insurance (other than insurance purchased specifically to apply over the limits of liability of this policy); or C.Ultimate Net Loss means the total sum of which the Insured, or any carrier as its insurer, or both, become obligated to pay as Damages arising from a Claim or Suit to which this Policy apples either through adjudication or compromise, including all expenses for settlement, adjustment, investigation and defense of Claims, but excluding the salaries of any of the Underlying Insurers or our employees. D.Underlying Insurance means the insurance policies designated on the Schedule 12-2016EVX113 PAGE 23 OF 41 of Underlying Insurance to this policy and any renewals or replacements of such policies. E.Underlying Insurer means any company issuing any policy of Underlying Insurance. The following terms used in this Policy have the same meaning as in the Underlying Insurance: F.Bodily Injury G.Claim H.Claims Expenses I.Cleanup Costs J.Damages K.Impaired Property L.Insured M.Insured Contract N.Named Insured’s Work O.Named Insured’s Product P.Occurrence Q.Personal and Advertising Injury R.Pollutants S.Pollution Conditions T.Products - Completed Operations Hazard