Okaloosa County BOCC — February 18, 2014 — Repair & Paint Countryview & Bluewater Tanks

Advertisement, Proposal, Contract Documents, General Conditions and Specifications Repair & Paint Countryview and Bluewater Tanks (2014) Okaloosa County Water and Sewer System Okaloosa County, Florida The Board of County Commissioners County Bid No. Chairman Don Amunds Board Members Nathan Boyles Wayne R. Harris Dave Parisot Kelly Windes Clerk Don W. Howard County Administrator Ernie Padgett Okaloosa County Water & Sewer System Jeff Littrell, Director Bids Feb S, C_35.l%ph December 2013 Job No. 41-459 ~\) POLYENGINEERING ARCHITECTURE. ENGINEERING. SOLUTIONS. PO Box 841 SHALIMAR, FLORIDA 32579 CA-1818 /AACOOI551 850.609.1100 850.609.1101 (FAX) WWW.POLYENGINEERING.COM ADDENDUM RECEIPT Addendum No: 1 and Final Date: Feb. 3, 2014 Project: Repair & Paint Countryview & BW Tanks Job No.: 41-459 Board of County Commissioners, Okaloosa County, Florida Pages to Follow: 3 Anneri Gh Snareft Cb On COMPANY ka. “DZ AUTHORIZED SIGNATURE Keo Polhrx/ PRINTED NAME 2/3/z014 DATE It shall be the responsibility of Prime Bidders to insure that Subcontractors and/or Suppliers receive addenda which could impact their respective portions of the project. Additional instructions for addenda acknowledgement can be found in the contract documents. Addendum No. | - Page | of 4 United States of America State of Ohio Office of the Secretary of State e duly elected, qualified and ify that [am th and as such have custody I, Jennifer Brunner, do hereby certt present acting Secretary of State for the State of Ohio, of the records of Ohio and Foreign business entities; that said records show AMERICAN S UNCRAFT CONSTRUCTION CO., an Ohio corporation, Charter No. 762570, having its principal location in Medway, County of Clark, was 11, 1989 and is currently in GOQD STANDING upon incorporated on December the records of this office. Witness my hand and the seal of the Secretary of State at Columbus, Ohio this 16th day of August, A.D. 2010 Ohio Secretary of State Validation Number: ¥2010228A4753E 1 Maapawyen — oui vie. UayLUN FepOrs) - Lertiricate https://www.bwe.oh10.gov/employer/services/Payroll/nlowe/Certiticate... Ohi Oo Bureau of Workers’ 30 W. Spring St . . Spring St. Compensation Columbus, OH 43215 Certificate of Premium Payment This certifies the employer listed below has paid into 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. For more information, call 1-800-OHIOBWC. This certificate must be conspicuously posted. Policy No. and Employer Period Specified Below 1043531 01/01/2014 Thru 08/31/2014 AMERICAN SUNCRAFT CO INC AMERICAN SUNCRAFT CONSTRUCTION CO 10836 SCHILLER RD MEDWAY, OH 45341-9743 ohiobwe.com Lenk (3. e ] . Administrator/CEO You can reproduce this certificate as needed. Ohio Bureau of Workers' Compensation Required Posting Effective Oct. 13, 2004, 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 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 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. td] ’ Ohio Bureau of Workers You must post this language with the certificate of premium payment. Compensation DP-29 BWC-1629 7/7/08 ) ®@ ACORD a CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 1/30/2014 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ~ cohen agence eee THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS , 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 certificate holder in lieu of such endorsement(s). IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 PRODUCER CONTACT is Brower insurance Agency PHONE 549.707. FAX 542 907. eaO e Moruciont hue Quite 400 (ve No.ext:5 713-707-5011 | (AG, No:513-707-5671 Dayton OH 45402 Appress:dbrummett@browerinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Torus Specialty Insurance Co 5496 INSURED AMERS8C INSURER B -Westfield Group 24112 american Suncraft Construction INSURER C : 6 iller . Medway OH 45341 RASURERD : INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 361155712 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL ISUBR} POLICY EFF | POLICY EXP LTR TYPE OF INSURANCE INSR | WD POLICY NUMBER (MMIDDIYYYY) | (MMIDDIYYYY) LIMITS B | GENERAL LIABILITY Y |Y__ |TRA0756627 H/1/2014 1/1/2015 EACH OCCURRENCE $1,000,000 x] DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) _| $500,000 | CLAIMS-MADE OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY _ | $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG | $2,000,000 X | poucy ARO: LOC $ B | AUTOMOBILE LIABILITY Y ly | TRA07S6627 hi2014.—*/1/2015 COMBINED SINGLE TIMI | $1,000,000 X | ANY AUTO BODILY INJURY (Per person) | $ ALL OWNED SCHEDULED ; AUTOS eUTOS BODILY INJURY (Per accident) | $ —_ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) Hired Car PD $125,000 A UMBRELLA LIAB X | occur Y WN 31164C141ALI 1/1/2014 1/4/2015 EACH OCCURRENCE $9,000,000 x | EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED | | RETENTION $ $ B | WORKERS COMPENSATION ITRAO756627 1/1/2014 11/4/2015 WC STATU- OTH iab. AND EMPLOYERS’ LIABILITY YIN N Lee tits |__[ck*| Employers Liab ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE] $ if yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT | $ B | Leased/Rented Equipment ITRAQ756627 4/1/2014 1/1/2015 UR Equip. Limit: 225,000 Deductible: 4,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Project: Repair and Paint Countryview and Bluewater Tanks 2014 General Liability as required by written contract. Schedule, if more space is required) Polyengineering and Okaloosa County Board of County Commissioners are areincluded as Additional Insured with respects to the above CERTIFICATE HOLDER CANCELLATION Board of County Commissioners Okaloosa County, Florida 302 N. Wilson St. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED iN ACCORDANCE WITH THE POLICY PROVISIONS. Crestview FL 32536 wy "1. LEE = © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and Iogo are registered marks of ACORD JhioBWC ~- Employer - Service: (Payroll reports) - Certiticate https://www.bwe.ohi0.gov/employer/services/Payroll/nibwe/Certnicate... Ohi O | Bureau of Workers’ 30 W. Spring St Compensation Columbus, OH 43215 Certificate of Premium Payment This certifies the employer listed below has paid into 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. For more information, call 1-800-OHIOBWC. This certificate must be conspicuously posted. Policy No. and Employer Period Specified Below 1043531 01/01/2014 Thru 08/31/2014 AMERICAN SUNCRAFT CO INC AMERICAN SUNCRAFT CONSTRUCTION CO 10836 SCHILLER RD MEDWAY, OH 45341-9743 ohiobwc.com byl (2 j Administrator/CEO You can reproduce this certificate as needed. Ohio Bureau of Workers' Compensation Required Posting Effective Oct. 13, 2004, 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 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 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. . Bureau of Workers’ . You must post this language with the certificate of premium ment. Ohio Compensation Poe anges cane or Presa ey DP-29 BWC-1629 7/7/08 lof 1 1/22/2014 12:00 PM TABLE OF CONTENTS 00020 Advertisement for Bids 00100 Instructions to Bidders 00300 Bid Proposal 00410 Bid Bond 00500 Contract 00610 Performance Bond 00620 Payment Bond 00624 Warranty 00700 General Conditions 00800 Supplementary Conditions 01010 Summary of Work 01060 Regulatory Requirements 01300 Submittals 01700 Contract Closeout 01711 Clean Up 01740 Warranties & Bonds DIVISION 9 - FINISHES 09870 Paint and Repair Water Tanks APPENDIX Maps Bluewater As-builts Handrail Sketch Sand Dollar Logo Repair & Paint Countryview & Bluewater Tanks (2014) DIVISION 0 - CONTRACT & BIDDING REQUIREMENTS DIVISION 1 - GENERAL REQUIREMENTS TOC-1 Job No. 41-459 SECTION 00020 ADVERTISEMENT FOR BIDS Board of County Commissioners - Okaloosa County, Florida OWNER Separate sealed bids for the construction of “Repair and Paint Countryview and Bluewater Tanks (2014)” will be received by th the Board of County Commissioners, Okaloosa County, Flovida in intil 3 PM. (local time) 0 on Wed. F eb. 5, 2014 and then publicly opened and read aloud, 3 2S: 3le A mandatory pre-bid conference is scheduled for 2 PM. (local time) on Wed., Jan. 22, 2014. The conference will be held at 1804 Lewis Turner Boulevard, Suite 300, Small Conference Room, Fort Walton Beach, FL. You must attend this pre-bid conference to be allowed to submit a bid. All bidders must provide references documenting successful completion of a minimum of ten elevated water tank painting projects within the last five years using the coating systems and methods specified in the bid documents. In addition, a minimum of 75% of work on this project shall be completed by the Contractor’s personnel. The Information for Bidders, Form of Bid, Form of Contract, Plans, Specifications, and Forms of Bid Bond, Performance and Payment Bonds, and other contract documents may be examined at the following: Polyengineering, Inc., (Engineer) located at 102 Sunset Lane, Shalimar, Florida, 32579, or at the Okaloosa County Water & Sewer Office located at 1804 Lewis Turner Boulevard, Suite 300, Fort Walton Beach, Florida, 32547. Copies may be obtained from Polyengineering, Inc., 102 Sunset Lane, Shalimar, FL 32579 upon payment of $25, non- refundable, for each set. 014. The ‘Board of County Commissioners will consider all bids ntoperly submitted " its scheduled Bid Opening in the Conference & Training Room #305 located at 302 N. Wilson St, Crestview, FL 32536. Bids may be submitted in the Conference & Training Room #305, prior to Bid Opening or delivered to the Clerk of Circuit Court, 302 N. Wilson St., #203, Crestview, FL 32536. Note: Crestview is NOT a next day delivery site. Any bidder failing to mark outside of envelope as set forth herein may not be entitled to have their bid considered. All bids should be addressed as follows: Clerk of Circuit Court - ATTN: Gary Stanford Newman “Buddy” Brackin Bldg. 302 N. Wilson St., #203 Crestview, Florida 32536 Richard Brannon Purchasing Director Repair & Paint Countryview & Bluewater Tanks (2014) 00020-1 Job No. 41-459 BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA Don Amunds Chairman Repair & Paint Countryview & Bluewater Tanks (2014) 00020-2 Job No. 41-459 SECTION 00100 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS. Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.01 Bidder - The individual or entity who submits a Bid directly to Owner. 1.02 Successful Bidder - The lowest, responsible Bidder submitting a responsive bid to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS. 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Engineer. The deposit or a portion thereof will be refunded to each document holder of record who returns a complete set of Bidding Documents in good condition within thirty (30) days after opening of Bids. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS. 3.01 The Contractor’s employees shall be trained in application techniques and procedures for the specified coating materials for this project. The Contractor shall demonstrate a minimum of five (5) years of successful experience in each specified application on elevated water storage tanks. All projects used as a reference must have been completed by the Contractor with in- house staff. Projects completed by sub-contractors, by current staff while in the employ of other companies or of structures other than elevated water tanks will not be considered. 3.02 The Contractor shall provide references for a minimum of ten elevated water storage tanks within the last five years for each specified application. Individual projects that satisfy more than one area of experience shall be clearly labeled as such in the reference list. The Contractor is solely responsible for the validity of all contact information provided. No effort Repair & Paint Countryview & Bluewater Tanks 00100-1 Job No. 41-459 will be made on part of either Owner or Engineer to locate valid contact information if data provided is not current. All references shall include (but not be limited to): * Name of Project ¢ Project Location * Owner Name, Address and Telephone Number ¢ Owner Email (if available) ¢ Owner Contact Name ¢ Project Engineer Firm, Address and Telephone Number ¢ Engineer Email (if available) ¢ Engineer Contact Name 3.03 Reference Scope of Work for Exterior Surfaces (10 tanks minimum for each): * Full containment system with a bonnet, minimum SSPC Guide 6 Class 3 including air filtration, as specified in Section 09870. ¢ Exterior abrasive blast cleaned to SSPC-SP 10 Near White Finish with recyclable steel grit. ¢ Application of an organic, zinc-rich urethane primer, epoxy and/or urethane intermediate and fluoropolymer urethane or polyurethane finish to exterior surface. 3.04 Reference Scope of Work for Interior Surfaces (10 tanks minimum for each): * Abrasive blast cleaned with recyclable steel grit and using adequately sized air filtration, as specified in Section 09870. ¢ Installation of a moisture cured, urethane organic, zinc-rich primer. ¢ Installation of 100% solids by volume, heated plural component applied, interior lining system * High voltage discontinuity testing of thick film interior lining systems. 3.05 The successful low bidder will be required to acquire a county business license before the contract will be awarded. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE. 4.01 Subsurface and Physical Conditions A, Reference is made to the Supplementary Conditions for the identification of: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site, if any, that ENGINEER has used in preparing the Bidding Documents. Repair & Paint Countryview & Bluewater Tanks 00100-2 Job No. 41-459 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.01.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities, including OWNER, or others. ENGINEER assumes no responsibility for the accuracy or completeness of the information furnished by said owners. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bid Documents. B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the General Conditions has been identified and established in paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of Work appear in paragraph 4.06 of the General Conditions. 4.05 On request, OWNER will provide Bidder access to the Site to conduct such Repair & Paint Countryview & Bluewater Tanks 00100-3 Job No. 41-459 examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for each other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions; E. obtain and carefully study (or assume responsibility for doing so) all examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained Repair & Paint Countryview & Bluewater Tanks 00100-4 Job No, 41-459 from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - SITE AND OTHER AREAS. 5.01 The site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. ARTICLE 6 - INTERPRETATIONS AND ADDENDA. 6.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed, emailed, faxed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. ARTICLE 7 - BID SECURITY. Repair & Paint Countryview & Bluewater Tanks 00100-5 Job No. 41-459 7.01 A Bid must be accompanied by Bid security made payable to OWNER in an amount of 5% of Bidder’s maximum Bid price and in the form of a cashier’s check or a Bid Bond on the form attached issued by a surety meeting the requirements of paragraphs 5.01 and 5.02 of the General Conditions. 7.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven (7) days after the effective date of the Agreement or thirty-six (36) days after the bid opening whereupon Bid security furnished by such Bidder will be returned. 7.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 8 - CONTRACT TIMES. 8.01 The number of days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 9 - LIQUIDATED DAMAGES. 9.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 10 - SUBSTITUTE AND “OR-EQUAL” ITEMS. 10.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or- equal” item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplement in the General Requirements. Repair & Paint Countryview & Bluewater Tanks 00100-6 Job No. 41-459 ARTICLE 11 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS. 11.01 The Contractor shall perform a minimum of 75 percent of work by his own work forces unless specifically authorized by the Owner and Engineer and no Subcontractor shall be allowed to perform work on the project unless they are acceptable to the Owner and Engineer. 11.02 If OWNER requests the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of the Effective Date of the Agreement as provided for in paragraph 6.06.B.1) of the Supplementary Conditions, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after receipt of a written request from the OWNER or the ENGINEER, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and OWNER may consider such price adjustment in evaluating Bids and making the contract award. 11.03 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions. 11.04 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. ARTICLE 12 - PREPARATION OF BID. 12.01 The bid form is included with the Bidding Documents. Additional copies may be obtained from ENGINEER. “bid form. — 12.02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein, or the words “No Bid”, “No Change”, or “Not Applicable” entered. Repair & Paint Countryview & Bluewater Tanks 00100-7 Job No. 41-459 12.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer who has legal authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 12.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature). The official address of the partnership shall be shown below the signature. 12.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. 12.06 A Bid by an individual shall show the Bidder’s name and official address. 12.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature. 12.08 All names shall be typed or printed in ink below the signature. 12.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. 12.10 The address and telephone number for communications regarding the Bid shall be shown. 12.11 If the Bidder is an out-of-state corporation, the Bid shall contain evidence of Bidder’s authority and qualification to do business as an out-of-state corporation in the State of Florida in accordance with Article 3. Bidder’s state contractor license number for the State of Florida shall also be shown on the Bid form, if applicable. Contractor shall be licensed in accordance with the requirements of Chapter 489 of the Florida Statues. ARTICLE 13 - BASIS OF BID; EVALUATION OF BIDS. 13.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies Repair & Paint Countryview & Bluewater Tanks 00100-8 Job No. 41-459 between words and figures will be resolved in favor of the words. 13.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11.02 of the General Conditions. 13.03 When completion times are not set forth in the agreement but instead are to be specified by the BIDDER, bid prices will be compared after adjusting for differences in the time designated by Bidders for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve Substantial Completion for each day before or after the desired date appearing in Article 9. ARTICLE 14-SUBMITTAL OF BID.» 14.01 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of the Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to: Clerk of Cireuit:C ATTN: Gary Stanford _ Crestview, FL 325 . 536 NOTE: CRESTVIEW IS NOT A NEXT DAY DELIVERY SITE FOR OVERNIGHT CARRIERS. ARTICLE 15 - MODIFICATION AND WITHDRAWAL OF BID. 15.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 15.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from 1) further bidding on the Work, and 2) doing any work on the Contract, either as a subcontractor or in any other capacity. ARTICLE 16 - OPENING OF BIDS. Repair & Paint Countryview & Bluewater Tanks 00100-9 Job No. 41-459 16.01 Bid opening shall be public, on the date and time specified on the Bid form. It is the Bidder’s responsibility to assure that his bid is delivered at the proper time and place. Offers by email, telegram, facsimile or telephone are not acceptable. 16.02 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. A tabulation of the amounts of Bids will be made available to Bidders after the opening of Bids. ARTICLE 17 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE. 17.01 All Bids will remain subject to acceptance for thirty-five (35) days after the day of the bid opening, but the OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 18 - AWARD OF CONTRACT. 18.01 Right to Waive and Reject: A. The Board, in its absolute discretion, may reject any Bid of a Bidder that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project ina timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers. B. There is no obligation on the part of the County to award the Bid to the lowest Bidder, and the County reserves the right to award the Bid to Bidder submitting a responsive Bid with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa County and to reject any and all Bids or to waive any irregularity or technicality in Bids received. Okaloosa County shall be the sole judge of the Bid and the resulting negotiated agreement that is in its best interest and its decision shall be final. C. The Board of County Commissioners reserves the right to waive any informalities or reject any and all Bids, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this Bid and to accept the Bid that in its judgement will best serve the interest of the County. D. The Board of County Commissioners specifically reserves the right to reject any conditional Bids and will normally reject those which made it impossible to determine the true amount of the Bid. Each item must be Bid separately and no attempt is to be made to tie any item or items to any other item or items. 18.02 Disqualification of Bidders: Any of the following reasons may be considered as sufficient for the disqualification of a Bidder and the rejection of his Bid or Bids: Repair & Paint Countryview & Bluewater Tanks 00100-10 Job No. 41-459 A. More than one Bid for the same work from an individual, firm or corporation under the same or different name. B. Evidence that the Bidder has a financial interest in the firm of another Bidder for the same work. C. Evidence of collusion among Bidders. Participants in such collusion will receive no recognition as Bidders for any future work of the County until such participant shall have been reinstated as a qualified Bidder. D. Uncompleted work which in the judgement of the County might hinder or prevent the prompt completion of additional work if awarded. E. Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of advertisement for bids. F. Default under previous contract. G. Listing of the Bidder by the Federal Government on its barred/suspended vendor list. ARTICLE 19 - CONTRACT SECURITY AND INSURANCE. 19.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER’s requirements as to performance and payment Bonds and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds and Insurance Certificates. ARTICLE 20 - SIGNING OF AGREEMENT. 20.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. Within ten days thereafter, OWNER shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 21 - PUBLIC ENTITY CRIME INFORMATION. 21.01 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact Repair & Paint Countryview & Bluewater Tanks 00100-11 Job No. 41-459 business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ARTICLE 22 - CONFLICT OF INTEREST. 22.01 The award hereunder is subject to the provision of Chapter 112, Florida Statutes. All bidders must disclose with their bid proposal the name of any officer, director, or agent who is also a public officer or an employee of the Okaloosa County Board of County Commissioners, or any of its agencies. Further, all bidders must disclose with their bid proposal the name of any County officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its branches. 22.02 The Contractor, prior to or at the time of submission of the bid proposal, must file a statement with the Clerk of Circuit Court of Okaloosa County, or other designated official in the case of another owner, if he is an officer or employee of the County, disclosing his or spouse's or child's interest and the nature of the intended business. Note: (For Bidder's convenience, this form of Conflict of Interest Disclosure is enclosed as Attachment "A" with Section 00300 "Bid Proposal" and is made a part of the Bid Package.) ARTICLE 23 - PRE-BID CONFERENCE. 23.01 A mandatory Pre-Bid conference will be held at 2:00 PM on Wednesday, January 22, 2014 in the Small Conference Room, 1804 Lewis Turner Bivd., Fort Walton Beach, FL 32547. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are required to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary to response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 24 - IDENTICAL TIE PROPOSALS 24.01 Preference shall be given to businesses with drug-free workplace programs. Should two or more proposals which are equal with respect to price, quality and service be received by the County for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to determine whether or not a business has such a program, the enclosed Drug-Free Workplace Certification form must be submitted with the bid. Failure to submit this Certification will result in your bid being declared non-responsive; provided, however, that the low bidder may be given the opportunity to submit the Certification to the County within five (5) calendar days after notification by the County if this is determined to be in the best interest of the County. Repair & Paint Countryview & Bluewater Tanks 00100-12 Job No. 41-459 24.02 Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. Note: (For Bidder's convenience, this form of Drug-Free Workplace Certification is enclosed as Attachment "B" with Section 00300 "Bid Proposal" and is made a part of the Bid Package.) ARTICLE 25 - INDEMNIFICATION AND HOLD HARMLESS 25.01 Each Bidder must submit with his bid an executed sworn certification that he will comply with the Hold Harmless in accordance with the provisions of Florida Statutes, Section 725.06 To the fullest extent permitted by law, CONTRACTOR shall indemnify hold harmless OWNER, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. Note: (For Bidder's convenience, this Certification Form is enclosed as Attachment "C" with Section 00300 "Bid Proposal" and is made a part of the Bid Package.) ARTICLE 26 - DISCRIMINATION 26.01 An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. ARTICLE 27 - INSURANCE 27.1. Each Bidder along with his insurance agent/carrier shall review the insurance requirements for this project and each Bidder shall submit with his bid an executed sworn certification that insurance policies currently in effect meet the requirements or that a quotation for additional policies or policy modifications was obtained to meet the requirements of this project. Note: (For Bidder’s convenience, this Insurance Compliance Certification Form is enclosed as Attachment “D” with Section 00300 “Bid Proposal” and is made a part of the Bid Package.) ARTICLE 28 - REFERENCES Repair & Paint Countryview & Bluewater Tanks 00100-13 Job No. 41-459 28.1 Note: Each Bidder shall provide a listing of references as outlined in Paragraph 3 of this Section. (For Bidder’s convenience, a Reference Form is enclosed as Attachment “E” with Section 00300 “Bid Proposal” and is made a part of the Bid Package. Bidder may substitute reference listing of their own format for Attachment “E” if said listing includes all information for each project outlined in Paragraph 3 of this Section.) ARTICLE 29 - NO CONTACT CLAUSE 28.1 Note: The Okaloosa County Board of County Commissioners has established a solicitation silence policy (No Contact Clause) that prohibits oral and written communication regarding all formal solicitations for goods and services (formal bids, Request for Proposals, Requests for Qualifications) issued by the Board through the County Purchasing Department. The period commences when the procurement document is received and terminates when the Board of County Commissioners approves an award. Each Bidder shall review and sign the enclosed form indicating that the Bidder agrees to abide by the County’s “No Contact Clause” and understands that a violation of this policy shall result in disqualification of their bid. (For Bidder’s convenience, this No Contact Clause Form is enclosed as Attachment “F” with Section 00300 “Bid Proposal” and is made a part of the Bid Package.) ARTICLE 30 - PROTECTION OF RESIDENT WORKERS 29.1 Note: The Okaloosa County Board of County Commissioners actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States, (.e., citizens and nationals of the U.S.) and aliens authorized to work in the U. S. the employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification. The contractor shall establish appropriate procedures and controls so no services or products under the contract documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. Okaloosa County reserves the right to request documentation showing compliance with the requirement. (For Bidder’s convenience, this Protection of Resident Workers form is enclosed as Attachment “G” with Section 00300 “Bid Proposal” and is made a part of the Bid Package.) END OF SECTION 00100. Repair & Paint Countryview & Bluewater Tanks 00100-14 Job No. 41-459 SECTION 00300 BID PROPOSAL Place Mecha , Ohio. j csIt Date (1 30f 26 14 Project No. _ 41-459 Proposal of AmeB (Car Suncr aft Ce _ Ar. (hereinafter called "Bidder") *a corporation, organized and existing under the laws of the State of 0} 7 © __, *a partnership, or an individual doing business as mMer* Can Vin Z of. to the Okaloosa County Board of Commissioners (hereinafter called "Owner". 1.01 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Bidding Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for thirty-five (35) days after the day of Bid Opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER's Notice of Award. 3.01 In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: A. _ BIDDER hasexamined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date) Adldenolin He I Jf3/ 2o/4 Adklendun HQ 2/3) 2ote4 * Insert Corporation, Partnership or Individual as applicable. Repair & Paint Countryview & Bluewater Tanks (2014) 00300-1 Job No. 41-459 Repair & Paint BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance of the Work; BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance of the Work. BIDDER has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the site, if any, and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. Bidder has obtained and carefully studies (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. BIDDER is aware of the general nature of Work to be performed by OWNER and others at the site that relates to the Work as indicated in the Bidding Documents. BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Bidding Documents and all additional examinations, investigations, explorations, tests, studies and data with the Bidding Documents. BIDDER has given ENGINEER written notice ofall conflict, errors, ambiguities or discrepancies that BIDDER has discovered in the Bidding Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER Countryview & Bluewater Tanks (2014) 00300-2 Job No. 41-459 J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): Repair & Paint Countryview & Bluewater Tanks (2014) 00300-3 Job No. 41-459 Ls Ld BID SCHEDULE - REPAIR AND PAINT COUNTRYVIEW AND BLUWATER TANKS (2014) NOTE: BIDS SHALL INCLUDE SALES TAX AND ALL OTHER APPLICABLE TAXES AND FEES. BASE BID EST. QTY. ITEM AND UNIT 1 1 LS 2 1 EA 3 1 EA 4 20 LF 5 1 LS 6 1 EA Repair & Paint Furnish and install all materials and labor to paint the Countryview using OCS-4 (modified) and ICS-4 (modified) as described in the specifications complete and in place for the lump sum amount of $ 195,550.27 “$ 195, 550,0° Furnish and install all materials and labor to install painted logo (fluoro-urethane paint) on the Countryview Tank (20' diameter) complete and in place for $1,550." $ 1,550.°° Furnish and install new 30" roof hatch on Countryview Water Tank as described in the 5 oO specifications, complete and in place for $2,400" $$ 2 pt 00. q Seal weld various locations on Countryview Water Tank as directed by Engineer and described 00 00 in the spe it lace for 446 ‘ $ Foo a ona Furnish and install all materials and labor to paint the Bluewater Tank using OCS-4 (modified) and ICS-4 (modified) as described in the specifications 40 2 complete and in place for the lump sum amount of g tal 8 ES $ Jo | $7S. 6 Furnish and install all materials and labor to install painted logo (fluoro-urethane paint) on the Bluewater Tank (to match existing) complete and in place for | $.5,.500,°° $_5, S50 0° Countryview & Bluewater Tanks (2014) 00300-4 Job No, 41-459 iJ 8 1 9 1 10 20 Furnish and install new 30" roof hatch on . Bluewater Water Tank as described in the n° Pt) specifications, complete and in place for $2), 4 50. ¢ od Yu, EA _ Furnish and install new 24" roof vent on Bluewater Water Tank as described in the specifications, complete and in place for $5 00. ¢ 5, $60 ,7e EA _ Replace screened end of Bluewater Water Tank overflow pipe with weighted flapper and screen as described in the specifications, complete and in place for $ $00 SO 3 00,90 LF Seal weld various locations on Bluewater Water Tank as directed by Engineer and described in the 0 D specifications, complete and in place for ¢ 4D.°% ¢ Joo. i TOTAL BASE BID $_O* 3, 4¢@0, °° TOTAL BASE BID AMOUNT Is Live. Hundred Forty Three Thousand, Four Hundred E. ghty Dollars (This‘amount will be read aloud at bid opening) 6.01 6.02 Repair & Paint Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions. BIDDER acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of bids and final payment will be based on actual quantities provided, determined as provided in the Contract Documents. Bidder agrees that the Work will be substantially complete within 120 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with the paragraph 14.07.B of the General Conditions within 180 calendar days after the date when the Contract Times commence to run. Bidder agrees that he shall perform a minimum of 75 percent of work by his own work forces unless specifically authorized by the Owner and Engineer and no Subcontractor shall be allowed to perform work on the project unless they are acceptable to the Owner and Engineer. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. Countryview & Bluewater Tanks (2014) 00300-5 Job No. 41-459 id Ld ae 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of bid- Bon d 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED ON February S ; , 2016 IF BIDDER IS: An Individual Name (typed or printed): By: (SEAL) (Individual’s signature) Doing business as: Business address: Phone No.: FAX No. A Partnership Partnership Name: , (SEAL) By. (Signature of general partner) Name (typed or printed): Business address: Phone No.: FAX No. A Corporation Repair & Paint Countryview & Bluewater Tanks (2014) 00300-6 Job No. 41-459 Cnn Rerercaesncninst =) Corporation Name: Amer. (Cait) Sunoreoft (b - dnt (SEAL) State of Incorporation: Ohid By: Low Ban : (Sigitéture Of Person Authorized To Sign) Name (typed or printed): Pon &o | Nor Title: Da esi den & ~ (CORPORATE SEAL) Attest Ler er | @ TNR fur (Signature of Corporate Secretary) pusiness address: /OX-3b <Schillee Read (Meduacy, Os 45341 rose wo: 43.1 849- HIS raxnos_13.7-849- 9V-Y Date of Qualification to do business is December il _ 1484 A Joint Venture Joint Venturer Names: ___ (SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Repair & Paint Countryview & Bluewater Tanks (2014) 00300-7 Job No. 41-459 Title: Business address: Phone No.: FAX No.: Phone and FAX Number, and Address for receipt of official communications: wt (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture shall be in the manner indicated above.) Repair & Paint Countryview & Bluewater Tanks (2014) 00300-8 Jub Nu. 41-459 vi 1€ ATTACHMENT “A” CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all bidders/proposers must disclose if any Okaloosa County employee(s), elected official(s), or if any of its’ agencies is also an owner, corporate officer, agency, employee, etc., of their business. Indicate either “YES” (a county employee, elected official, or agency is also associated with your business), or “NO”. If yes, give persons name(s) and position(s) with your business. YES __ NO NAME(S) and POSITIONS(S): FIRM wantin Mh onan BY (printed): Pon foling’ BY (inure; Lame Ex OG TITLE: Paesclen + appress: 0836 Schiller &. rad iedene _Ohm YS34I PHONE: ey, E4F- PEDS Repair & Paint Countryview & Bluewater Tanks (2014) 00300-9 Job No. 41-459 oem Ld ATTACHMENT “B” DRUG-FREE WORKPLACE CERTIFICATION THE BELOW SIGNED BIDDER CERTIFIES that it has implemented a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection 1. In the statement specified in subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. DATE: U3 0/2014 SIGNATURE: COMPANY: Amerjcan Santrafe NAME: Ron NG ADDRESS: $36 Sc/ullee Kal __ (Typed or Printed) elasey / Ohro 4YS34¢) TLE: Desi d ent- PHONE: $37- SY9- GB Repair & Paint Countryview & Rluewater Tanks (2014) 00300-10 Job No. 41-459 ATTACHMENT “C” INDEMNIFICATION AND HOLD HARMLESS To the fullest extent permitted by law, CONTRACTOR shall indemnify hold harmless OWNER, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. American Sutras} Cb.Ina Kon. bkf Bidder’s Company Name Authorized Signature - Manual /b§36 Schiltee Koad, Ron Boling er ddress Authorized Signature ~Ty ‘yped jane ay ° Pe esident Mailing Address Title 739-241-145 BI 849- 9Y Phone Number FAX Number 939- FIBNVS IFV- BIZ-NUS Cellular Number After-Hours Number(s) / / 30 [ro if Date ' (REVISED: JANUARY 12, 2001) Repair & Paint Countryview & Bluewater Tanks (2014) 00300-11 Job No. 41-459 i’ : aad ATTACHMENT “D” INSURANCE COMPLIANCE This form is to be completed and signed by you certifying that your policy either meets the insurance requirements as specified in Bid No. 4/- 4ASY , or that the insurance company has reviewed the bid requirements and certifies that you were quoted any price increase due to required coverage. CONTRACTOR I certify that the insurance requirements have been reviewed. Company Name Ameri ican Sunaratt Co. Lrc. Address /0 §3(6 Sch) her Be Qa od Medway, Ohio 4534! serene Don baling | | VA % i Title Paes dlent- Phone Number 93 q- g Y q-F YTS Repair & Paint Countryview & Bluewater Tanks (2014) 000300-12 Job No. 41-459 American Suncraft Co., Inc. 10836 Schiller Road, Medway, Ohio 45341 Phone (937) 849-9475 Fax (937) 849-9474 Specializing in Water Storage Tank Maintenance - American Suncraft FC22 Projects Indiana American Water Clearwater 1 MG Tank, Noblesville, indiana Patrick Brown, PE, TIC 317-271-3100 Roy Francis, PE, Indiana American Water 317-885-2417 Indiana American Water Barberry 500,000 Gallon Tank, West Lafayette, indiana Patrick Brown, PE, TIC, 317-271-3100 Roy Francis, PE, Indiana American Water 317-885-2417 ilinois American Water Route 116 Tank, Hanna City, [Illinois Lori Horstman, Water Superintendent, 309-303-0826 Michael Jackson, PE, 617-830-1771 West Virginia American Water KVWTP Clarifier No. 3, Charleston, WV Patrick Brown, TIC — 317-271-3100 Shelley Porter, WVAW ~ 304-340-2974 West Virginia American Water Cross Lanes Tank, Cross Lanes, WV Patrick Brown, TIC — 317-271-3100 Shelley Porter, WVAW, 304-340-2974 Aqua Ohio, Inc. Bunker Hill Tank, 2,920,000 MG Tank Ashtabula, Ohio Patrick Brown, PE, TIC 317-271-3100 Joe Flahiff, Plant Manager 440-964-8114 American Suncraft Co., Inc. 10836 Schiller Road, Medway, Ohio 45341 Phone (937) 849-9475 Fax (937) 849-9474 Salietua ga Water Specahzing in Water Storage Tank Maintenance _ American Suncraft Projects List for 2013 City of Columbus, Ohio Rome Hilliard East & East Broad North Interior Tank Painting Contract Price: $919,875.00 — 99% Complete Cindi Fitzpatrick, P.E., 614-645-6802 Delco Water 2013 Tank Project Tank 11 Scioti JCF Tank 26 Stelzer Court Contract Price: $474,225.00 - 100% Complete Shane Clark, P.E., 740-272-2220 City of Dayton, Ohio Airport Tank Contract Price: $331,395.00 — 99% Complete Jeff Dahlin, P.E., 937-902-7787 illinois American Water Aldrich Units 5&6 Contract Price: $684,980.00 — 100% Complete Michael Jackson, P.E., 618-239-3238 Indiana American Water Kokomo North Tank Contract Price: $632,530.00 — 99% Complete Roy Francis, P.E., 317-885-2417 Kentucky American Water Tates Creek Tank Contract Price: $495,375.00-- 90% Complete Zach Dukes, P.E., 859-268-6352 Okaloosa County Water and Sewer System - 2012 Okaloosa, Florida Lead Abatement Contract Amount: $1,418,350.00 100% Complete Contact: Beth Brant, P.E. - Polyengineering 850-609-1100 2012 Potable Water Tanks Modifications & Repairs Birmingham, Alabama Three Tanks, Contract Amount: $1,307,302.00 100% Complete Robert Lang, P.E., City Engineer 205-244-4211 City of Dayton, Ohio 2 MG Tank - Mt. Auburn 100% Complete Contract Amount: $1,193,324.00 Steve Tiefert, P.E., 937-333-6134 Aldrich Units 1,2,3,4 HWlinois American Water Contract Amount: $1,395,880.00 100% Complete TIC - Patrick Brown, P.E. 317-271-3100 Illinois American Water, Michael Jackson, P.E. 618-239-3238 American Suncraft Co., Inc. 10836 Schiller Road, Medway, Ohio 45341 Phone (937) 849-9475 Fax (937) 849-9474 Specializing in Water Storage Tank Maintenance References for American Suncraft 2011 - Public Works Projects City of Amarillo, Texas — 2011 Repainting and Restoration of Water Storage Tanks 1 2MG Elevated Storage Tank (Soncy) 1 2MG Ground Storage Tank (Osage) 1 2MG Gallon Ground Storage (Masterson #13) 1 1MG Ground Storage (Masterson #12) 100% Complete $1,709,475.00 Contact: Jonathan Gresham, P.E., City of Amarillo 806-378-4265 Water Works Board of the City of Birmingham 2011 Potable Water Tanks Modifications & Painting (4 Tanks) $1,824,525.00 100% Complete Robert Lang, P.E., City Engineer 205-244-4211 City of Dayton, Ohio - 2011 Strand Water Storage Improvements 2 MG Elevated Tank Contract Amount: $2,500,000.00 — 100% Complete Contact: Steve Tiefert, P.E, City of Dayton, Ohio 937-333-6134 City of Dayton, Ohio - 2011 Repainting of the Lime Sludge Tanks, Wash Water Tank and Canopy Miami Water Treatment Plant Contract Amount: $378,994.00 — 100% Complete Contact: Steve Tiefert, P.£, City of Dayton, Ohio 937-333-6134 City of Springfield, Missouri — 2011 Rehabilitation of One 4 MG Southwest Ground Storage Tank No. 1 Contract Amount: $916,202.00 — 100% Complete Contact: James Okumu, P.E., Project Manager 417-831-8843 American Suncraft Co., Inc. 10836 Schiller Road, Medway, Ohio 45341 Phone (937) 849-9475 Fax (937) 849-9474 Specializing in Water Storage Tank Maintenance References for American Suncraft Company Virginia American Water — 2010 Rehabilitation of 1MG Elevated Tank (Minnieville Tank) Contract Amount: $819,019.00 100% Complete Contact: Janet Rogel, P.E. 804:239-2010 Kentucky American Water - 2010 (Two 1MG Gallon Tanks), Cox Street Ground and Cox Street Elevated Contract Amount $593,335.00 100% Complete Contact: Patrick Brown, P.E. - TIC 317-271-3100 lowa American Water -- 2009/2010 Two 1MG Tanks Bettendorf and Harrison Street Tanks Contract Amount: $1,800,000.00 100% Complete Contact: Patrick Brown, P.E. - TIC 317-271-3100 City of Dayton, Ohio — 2010 Burkhardt 1MG Standpipe Contract Amount: $521,099.00 — 100% Complete Contact: Steve Tiefert, PE, City of Dayton, Ohio 937-333-6134 City of Dayton, Ohio - 2010 Nordale 2MG Elevated Water Tower Contract Amount: $963,469.00 — 100% Complete Contact: Steve Tiefert, PE, City of Dayton, Ohio 937-333-6134 Mobile Area Water and Sewer System — 2010 Mississippi Street Water Tank — 500,000 Gallion Tank, 100% Complete Contact: Bryan V. Peacock, P.E., Volkert Engineering 251-450-0819 vIOL-S9Z-F19 ‘a'd ‘207 "y erey yoejyu07) yu] pareaaly Uolley) 000‘SZT URL, payeaaly UoTey 000'SL s}uawaaoiduyy uraysAsS UONGLYSIG 1378, Y1eg ayeis yaar) 1esae) £002 - (sad.1mosay fe.mjeN jo yuaUn.Ledag O1YQ) OFYO Jo a7e}5 OZ772-ZLZ-OFL Suliaaulsugq “Ag ‘YrepD aueys :39e U0) (quowiajeqy pee) yur, ole) 000‘0ST - Yue] peoy a7eI5 PIO (quaurayeqy peay) xu], OTe) 000‘00Z - peoy auloH 800Z - “ou ‘Aueduio7 1338 0-[9q VVSP-ISE-OEE ‘Ad ‘Aawery ‘W ppoy :39e3u07 (quawazeqy peat) yur payeaayy volley 000‘0SZ JaJUaD [0.4U0) UOnNT[Og 1a7e A, 800Z - OTYQ ‘dojQUR: Jo ARID 02272-ZLZ-00L Sullaauisuy “q'q ‘Yael aueYs RU Quaurayeqy pea) yue], voTTeD OOO‘OST - HURL peoy ayers PIO Quoeurayeqy pes) yuel uoTeD 000‘00Z - peoy euoH 800Z - “au ‘Aueduio7 1338 05-[9q 2089-SP9-FT9 :ou0Ud “A'd ‘Yoaedzy1y [pur :joejuoD ue L UOTeD 000000 ‘T - 398.05 peoig iseq que L UOlTeD 000'000'Z - swioy paren 800Z — OFYO ‘snquinjo) jo AW1D O22?-72LZ-00L suLaaulsug “A'q ‘Yre[D aueys :39eqU07 Qquawayeqy pea) yue], uoleD 000'0SZ - yuk] asel[IA 1aqUe7) 600Z - ‘2Uy ‘Auedui0) 12384 075-[aq Z089-SP9-PL9 ‘auoUd “aq ‘YoMedzHYy Ipury 392105 YUP] 000‘000'T - 388M OTL 600Z -OFYO ‘snquinjo> Jo A315 V9ZT-809-LE6 :auoug JostAjadns soUueUaUIep] - SUTIN assaf pe WO? Qquawiazeqy peat) xue 1, uoTTeD 000'000'T 600Z - O1YO ‘B.nqsturelp Jo A115 SdDUdIIJOyy] yeuNs uedteury ATTACHMENT “E” f REFERENCES - (Attach reference list as specified in Instructions to Bidders u - Section 00100 Article 3 - following this sheet.) Repair & Paint Countryview & Bluewater Tanks (2014) 000300-13 Job No. 41-459 poe ATTACHMENT “F” NO CONTACT CLAUSE The Okaloosa County Board of County Commissioners have established a solicitation silence policy (No Contact Clause) that prohibits oral and written communication regarding all formal solicitations for goods and services (formal bids, Request for Proposals, Requests for Qualifications) issued by the Board through the County Purchasing Department. The period commences when the procurement document is advertised and terminates when the Board of County Commissioners approves an award. When the solicitation silence period is in effect, no oral or written communication is allowed regarding the solicitation between prospective bidders/proposers and members of the Board of County Commissioners, the County Administrator or members of the Board Approved Review Committee. All questions or requests for information regarding the solicitation must be directed to the designated Purchasing Representative listed in the solicitation. Any information thought to affect the committee or staff recommendation submitted after bids are due, should be directed to the Purchasing Director or his appointed representative. It shall be the Purchasing Director's decision whether to consider this information in the decision process. Any attempt by a vendor/proposer to influence a member or members of the aforementioned shall be grounds to disqualify the proposer from consideration during the selection process. All proposers must agree to comply with this policy by signing the following statement and including it with their submittal. I ld (OL representing Amercan Sire: alf G he . 7 a a Signature Company Name Hereby agree to abide by the County's "No Contact Clause" and understand violation of this policy shall result in disqualification of my proposal/submittal. Repair & Paint Countryview & Bluewater Tanks (2014) 000300-14 Job No. 41-459 beicwerscrtrsn ns ATTACHMENT “G” PROTECTION OF RESIDENT WORKERS The Okaloosa County Board of County Commissioners actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States, (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U. S. the employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification. The contractor shall establish appropriate procedures and controls so no services or products under the contract documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. Okaloosa County reserves the right to request documentation showing compliance with the requirement. I ‘a BLY. representingMMEriZan Ma reraff (bh Macy Signature U Company Name Hereby agree to abide with the provisions of the INA and the provisions outlined above. END OF SECTION 00300. Repair & Paint Countryview & Bluewater Tanks (2014) 000300-15 Job No. 41-459 SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, American Suncraft Canstruction Co., Inc., as Principal, and _Ohio Farmers Insurance Company , as Surety, are hereby held firmly bound unto Board of Commissione loosa Co , as Owner, in the penal sum of _Five percent of the total amount bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed, this _ 5th day of _February. , 2014, Board of Commissioners The condition of the above obligation is such that whereas the Principal has submitted to Okaloosa County, FL____a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the Renair and Repaint Countryview and Bluewater Tanks (2014) NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by an extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. Repair & Paint ; Countryview & Bluewater Tanks (2014) 00410-1 Job No. 41-459 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by the proper officer, the day and year first set forth above. men LY Inc. X F ou LS. Principal F Ohio Farmers Insurance Company Surety BY: Wh Ve Anne Tierney, Attorney-in-Fact SEAL: Repair & Paint Countryview & Bluewater Tanks (2014) 00410-2 Job No, 41-459 { y ~ POWER NO. 3401942 07 General Bower . Westfield Insurance Co. of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a “Company” and collectively as “Companies,” duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint THOMAS D. CASSADY, LOUIS R. FISHER, THOMAS W. CHATHAM, PAULETTE M. AERNI, FRANK J. LECH, PAUL J. SCHUELER, JR., RICHARD A. DAVIS, ANNE TIERNEY, LINDA L. HOGLE, JOINTLY OR SEVERALLY of CINCINNATI and State of OH its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - -----------+---- mot tt tt te te ee ee ee ee ee ee ee ee eee eee LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: “Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company’s liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.” “Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.” (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 21st day of JANUARY A.D., 2008 . Corporate “Suna gi Stipa’, WESTFIELD INSURANCE COMPANY Seal Wee Preston Vg” ? WSU iS antived SS PS S <2. Mn, WESTFIELD NATIONAL INSURANCE COMPANY Soundings Se OHIO FARMERS INSURANCE COMPANY tga } * Mcoscaneet® . wd . > . “he, i Nason’ s ’, . A “Ny Li A Vite 3 aoe . State of Ohio amie “eangageo® By County of Medina Ss. Richard L. Kinnaird, Jr., Senior Executive On this 21st day of JANUARY = A.D., 2008 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. se, OTT Ld) hal - Affixed LENT a | Sa. William J. Kahelin, Avorney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) State of Ohio County of Medina SS.: TE OF Oy a *Peeeevgan nee” |, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect: and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, | have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this SM aay of A.D., . Febrva cine Y eee, . eeoeutstteen, oe ay R ‘A nn, 7 Ne \ ON: A L i 7 a wie Gn, é. "oe Nerrenle % wee Oe gel, . Se te Gt ; Ly, SQ an tay: 4B 4 a > . ee 4 TT Hi SEAL 2: 7 CHARTERED: ' . H “i BS SEAL im: 2 i: Secretary Y ne S, 3s B. IASB IS? Frank A. Carrino, Secret "4, ep, Peeeoee” "e %, %. ‘ ~~ + hy, bere ad ,, at ‘ taeet < 4, ee 4, ) y ty * a M0, ‘ at rang yanee vengne BPOAC2 (combined) (06-02) %, SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, , as Principal, and , as Surety, are hereby held firmly bound unto Board of Commissioners, Okaloosa County, FL, as Owner, in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed, this day of , 2014. The condition of the above obligation is such that whereas the Principal has submitted to acertain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) __ If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by an extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. Repair & Paint Countryview & Bluewater Tanks (2014) 004.10-1 Job No. 41-459 | IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these J presents to be signed by the proper officer, the day and year first set forth above. LS. i Principal Surety BY: SEAL: i Repair & Paint Countryview & Bluewater Tanks (2014) 00410-2 Job No. 41-459 SECTION 00500 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between Board of County Commissioners, Okaloosa County, FL (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 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Repair and Paint Countryview and Bluewater Tanks (2014) ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Repair and Paint Countryview and Bluewater Tanks (2014) ARTICLE 3 - ENGINEER 3.01 The Project has been designed by POLYENGINEERING, INC. who is hereinafter called ENGINEER and whois to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 4- CONTRACT TIME 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed within 120 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Repair & Paint Countryview & Bluewater Tanks (2014) 00500-1 Job No. 41-459 Conditions, and completed and ready for final payment in accordance with paragraph 14.07.B of the General Conditions within 180 calendar days from the date when the Contract Time commences to run. 4.03 Liquidated Damages. A. Amount: In case of failure on the part of the Contractor to complete the work within the time(s) specified in paragraph 4.02 above, or within such additional time(s) as may be granted by Okaloosa County in accordance with Article 12 of the General Conditions, the County will suffer damage, the amount of which is difficult, if not impossible, to ascertain. Therefore, the Contractor shall pay to the County, as liquidated damages, the amount established in the schedule below for each calendar day of delay that actual completion extends beyond the time limit specified until such reasonable time as may be required for final completion of the work. In no way shall costs for liquidated damages be construed as penalty on the contractor. Original Contract Amount Daily Charge Per Calendar Day $50,000 and under $311 Over $50,000 but less than $250,000 $972 $250,000 but less than $500,000 $1,584 $500,000 but less than $2,500,000 $1,924 $2,500,000 but less than $5,000,000 $2,694 $5,000,000 but less than $10,000,000 $3,902 $10,000,000 but less than $15,000,000 $6,102 $15,000,000 but less than $20,000,000 $7,022 $20,000,000 and over $7,022 plus 0.2% for any amount over $20 million B. Determination of Number of Days of Default: For all contracts, regardless of whether the contract time is stipulated in calendar days or working days, the default days shall be counted in calendar days. C. Conditions under which Liquidated Damages are imposed: Should the Contractor or, in case of his default, the Surety, fail to complete the work within the time stipulated in paragraph 4.02 above, or within such extra time as may have been granted by the County in accordance with Article 12 of the General Conditions, the Contractor or, in case of his default, the Surety, shall pay to the County, not as a penalty, but as liquidated damages, the amount so due as determined by the Code requirements, as provided above. D. Right of Collection: The County shall have the right to apply as payment on such liquidated damages any money which is due to the Contractor by the County. Repair & Paint Countryview & Bluewater Tanks (2014) 00500-2 Job No. 41-459 E. Permitting Contractor to Finish Work: Permitting the Contractor to continue and to finish the work, or any part of it, after the expiration of the contract time allowed, including extensions of time granted to the Contractor, shall in no way act as a waiver on the part of the County the liquidated damages due under the contract. F, Completion of Work by County: In case of default of the contract and the completion of the work by the County, the Contractor and his Surety shall be liable for the liquidated damages under the contract, but no liquidated damages shall be chargeable for any delay in the final completion of the work by the County due to any unreasonable action or delay on the part of the County. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 5.01.A below: A. For all Work, at the prices stated in CONTRACTOR’s Bid, attached hereto in Section 00300. As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. Contract Amount of ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. 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. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the 10th day of each month during performance of the work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made Repair & Paint Countryview & Bluewater Tanks (2014) 00500-3 Job No*41-459 and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions. a. Ninety percent (90%) of Work completed (with the balance being retainage). If Work has been fifty percent (50%) completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed less the aggregate of payments previously made; and b. Ninety percent (90%) of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to ninety-five percent (95%) of the Work completed, less such amounts as ENGINEER shall determine in accordance with paragraph 14.02.B.5 of the General Conditions and less 100% of ENGINEER’s estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment. A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 12% per annum. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 Inorder to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance of the Work. Repair & Paint ; Countryview & Bluewater Tanks (2014) 00500-4 Job No. 41-459 D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00500-1 to 00500-8, inclusive); 2. Performance Bond (pages 00610-1 to 00610-2, inclusive); 3. Payment Bond (pages 00620-1 to 00620-2, inclusive); Repair & Paint Countryview & Bluewater Tanks (2014) 00500-5 Job No. 41-459 4, General Conditions (pages 00700-1 to 00700-43, inclusive); 5. Supplementary Conditions (pages 00800-1 to 00800-7, inclusive); 6. Specifications as listed in the table of contents of the Project Manual, including the Appendix; 7. Addenda (numbers , inclusive); 8. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed (page_l inclusive); b. CONTRACTOR's Bid (pages__00300-1 _ to _00300-15 , inclusive), c. Documentation submitted by CONTRACTOR prior to Notice of Award (pages__ to ___, inclusive); d. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemental as provided in paragraph 3.05 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract Repair & Paint Countryview & Bluewater Tanks (2014) 00500-6 Job No. 41-459 A. No assignment by a party hereto of any rights or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys 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. 10.03 Successors and Assigns A. 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. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, whoagree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Repair & Paint Countryview & Bluewater Tanks (2014) 00500-7 Job No. 41-459 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 2014 (which is the Effective Date of the Agreement). OWNER CONTRACTOR BOARD OF COUNTY COMMISSIONERS, OKALOOSA COUNTY, FLORIDA By: By: Don Amunds (Chairman) [ SEAL] [CORPORATE SEAL] Attest Attest Gary Stanford - Deputy Clerk of Courts Address for giving notices: 302 N. Wilson St., Suite #203 Address for giving notices: Crestview, FL 32536 Designated Representative: License No. (Where Applicable) Name: Title: Agent for Service of Process: Address: Phone: Designated Representative: Facsimile: Name: Title: Address: Phone: Facsimile: END OF SECTION 00500 Repair & Paint 00500-8 Job No. 41-459 Countryview & Bluewater Tanks (2014) SECTION 00610 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) a (2) hereinafter called "Principal" and (3) of State of hereinafter called the "Surety", are held and firmly bound unto (4) Board of Commissioners, Okaloosa County, FL hereinafter called "OWNER", in the penal sum of. ($ ) in lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of , 2014, a copy of which is hereto attached and made a part hereof for the construction of: Repair and Paint Countryview and Bluewater Tanks (2014) NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby-stipulates and agrees that no charges, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Repair & Paint Countryview & Bluewater Tanks (2014) 00610-1 Job No. 41-459 IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall . be deemed an original, this the day of , 2014. ATTEST: | (Principal) Secretary” (Address) ~Wimnessasto Principal) (Address) Surety) Secretary “" Attomey-in-Fact "Witness as to Surety (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. (1) Correct name of Contractor. (2) A Corporation, A Partnership or an Individual as case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is Partnership, all partners should execute bond. END OF SECTION 00610 Repair & Paint Countryview & Bluewater Tanks (2014) 00610-2 Job No. 41-459 SECTION 00620 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) a (2) hereinafter called "Principal" and (3) of State of hereinafter called "Surety", are held and firmly bound unto (4) Board of Commissioners, Okaloosa County, FL hereinafter called "Owner", in the penal sum of ($ ), in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally firmly by these presents: THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the ___ day of , 2014, a copy of which is hereto attached and made a part hereof for the construction of: Repair and Paint Countryview and Bluewater Tanks (2014) NOW, THEREFORE, if the Principal shall promptly make payments to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work, whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be in any wise affect its obligation on this bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the contractor or to the work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Repair & Paint Countryview & Bluewater Tanks (2014) 00620-1 Job No. 41-459 IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed in original, this the day of , 2014. ATTEST: ~ Principal - - _ oe : By _ ws (Principal) Secretary (SEAL) ~ “"""""“(WitmessastoPrinciplly =” (Address) ~~ (Address) _ oe ATTEST: oe "Surety —_ i (Surety) Secretary Attorney-in-Fact (SEAL) oe ~"WimessastoSurety = SS 7 eee (Address) oe ee ne a . _ _ NOTE: Date of Bond must not be prior to date of contract. (1) Correct name of Contractor (2) A Corporation, a Partnership, or an Individual, as case may be. (3) Correct Name of Surety. (4) Correct Name of Owner. (5) If Contractor is Partnership, all partners should execute bond. END OF SECTION 00620 Repair & Paint Countryview & Bluewater Tanks (2014) 00620-2 Job No. 41-459 SECTION 00624 WARRANTY 1/30/2014 (Date) Project: Repair and Paint Countryview and Bluewater Tanks (2014 by mec can Surer aft Co. lnc. warrants that all work shall remain in serviceable and good condition and without failure (as defined in Section 02956 - 3.5 of this contract) for a period of five (5) years from the date of final acceptance of the work, unless otherwise specified in the contract documents, and states that they will repair or replace without cost to Okaloosa County, any imperfection in whole or in part which may develop in the work during the period above stated. Required bonds %. & in effect forthe initial two (2) years of this warranty. 6 SIGNATURE: NAME: Ron Baling” (Typed or Printed) TITLE: PRES dent of_Ameritan Suneraft Co. Wr. (Contractor) State of Oh 10 County of Clq KK Before me this day personally appeared, am Bo Ine who, being first duly sworn, deposes and says that he/she executtd the foregoing instrument for the uses and purposes set forth therein. Sworn to and subscribed before me this son day of A anus iia ; 2Ol] Sign: C . Fay he Print/Type: Ronda Cc. Mrwetn Notary Public, State of Ohio My Commission Expires:__ppenpa c MARTIN, Notary Public In and for the State of Chio | My Commission Expires July 7, 2014 Repair & Paint Countryview & Bluewater Tanks (2014) 00624-1 Job No. 41-459 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By | AMERICAN CONSULTING = & ENGINEERS COUNCIL PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE ~ a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute 9 These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A-1 or 1910-8- A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User’s Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Edition). iJCDC No. 1910-8 (1996 Edition) General Conditions Page 00700-1 Copyright ©1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 General Conditions Page 00700-2 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ..........::sssssssssssensseseesersssscsssssssnssnsassnerssnsssnesareseaesssenensaeneneasasacnearesessasse nes 6 1.01 Defined Terms ...cccssscscsssssssescsssssssssnsssssnsssesnnenaseeguneeessresesseassayeeessnsneesQeegeeueenMOeGAMeseQQseeeUTUSMUO RA GAMe RRNA ee eee 200 6 1.02 Terminology snccsssscssescssssccssesesseesssesssssesessecsseesssesseeniessueeenaeessueessseeeesanenneeneeeeseeeneeeeaegeeeneHasUaeeeQueeeaneneesseeeen ent 8 ARTICLE 2 - PRELIMINARY MATTERS. .....sccccssssecsssstercceenssssssrssssacseasesessessnenensensseasacensaseonenstesaensnssanenencancenseneseonseansreseaeanes 9 2.01 Delivery of BONS .....ccsssssccscssssessssssssesssssssessaessneesneeesnceeneessnessssueseesneenaeesgseeeeeeneeneeeneueseUeTAMOeesU eG eeeeeaeengeeegee net 9 2.02 Copies of DOCUMENTS ...s.essssssscscsssscsernceseesnieesneesesseessenseeneenseeesseneeegaueet Oe EAOUUAOETCUO TEESE AU TEMEEAEO AEE OTER UATE 9 2.03 Commencement of Contract Times; Notice to Proceed.......cssssssecsesnsiees tes see ete ne tee A eA Tae 9 2.04 Starting the Work .....cssssssssssssessseecnscsssseneesneeseesneseeeesesssesseeeeneeaeeeneseeeueeeOeenAeEOU eG EAO AGA UTEA EGU RATT ROU R EU eg ete 9 2.05 Before Starting CONStruction ...coscsoscsvcsssssseecsecseeeeesseenetseneeeeeenten seen ene eeGe eA RAN EEUU AREA AE ROO 9 2.06 Preconstruction COnference.........ssssssessssrsssensssnssrescsstsaesneneesssensensesesusnesseseesesaancesanenegnseasoesaasesegeenanseenesseessgeas 10 2.07 Initial Acceptance of Schedules ....s.scsessvesssssvscsvecssscsensecsneesneesneeseeessneein eee eennenanee ee eee ce Ae Og AAA LAU REO RE AOA E REN 10 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .......:-:-sccsssessssesssssesssenessensssenssseensaeenceersentesesvenes 10 BOL Urttennt ....seescccrssesseeseeeeses 3.02 Reference Standards 3.03 Reporting and Resolving Discrepancies .........cscssesecv sss eses ieee eee tt Ree ATE LR RAGA 11 3.04 Amending and Supplementing Contract DOCUMENES ......-..sssecsssssseseeet tee ee TE AT 1] 3.05 Reuse of DOCUMENES o.....escsssssvssssscsecsnesssssessensecsseenseeaeseetesseetesssueesseeeasenesessueneHeeeeeaneeeMeseeUeeeceseeeneeneges eens ete 11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS wiceessescsscesesssssessescsscacccenesesessssssessesansceeceanesssaneanenenenereases sasauecssvsssseveasacsesseutscaesesseseseaesecosecscosscssssusansescessaeansanses 11 4.01 Availability of Lands secseusuuusaniasansnssonususasasasnassanssesnecececgeeeustunuasnesesssusvsussssssnnsoceeneegeeeeeeceuensnnansscenanssessnsasss a 4.02 Subsurface and Physical COnditions .......cssssesccssesseceesiiessseeseeeesaeees essen eee ee Gee Ae ENON LEELA ETA et 12 4.03 Differing Subsurface or Physical Conditions ..........ssssovecssseeeess sees nese et tt A tt ThE EE EE aed 12 4.04 Underground Facilities ......cscssscsssssssssseenscsessesestesseesesesensnesenteeae een ees aes eneen eee eeC TAA eg EEE ESE TEUU RTA AT ae tent a8 13 4.05 Reference POIUKS .....csscsesssssscssssssssssssessssessacesnsccnesssnsesneesneessueessueeeseseseaeeeeueenseeeeenaneeneaTeeseAGeenteseeeennenen gegen eee enr0e8 14 4.06 Hazardous Environmental Condition at Site ......csccsccsessssscssesssenssssssssneneneseeanessesesensengnecaeaeneseseseenersenaaeansnags 14 ARTICLE 5 - BONDS AND INSURANCE .......cccccssccsssssesseseseseetsseessssesnsssnssscsearssenenesunsessessgeneseasessensnnssesssacessecsesnnansenrengonenasanagans 15 5.01 Performance, Payment, and Other BOnds ......+..+sssesessssssesesseeteesensneesaecenncananneenerneteansenittes seteesseseesnsessees 15 5.02 Licensed Suretios ANd IMSUrers ..sccsscscssccssssscesscssenesesesnseessecsenesescssesesesnsesesesenenessseseneseseaeecurnenescaenesenenesarseaeseneneas 15 5.03 Certificates of INSUrance ....essssssessssseesssessseccssessuesgsnseesoneessneceeronsseecssecensnsecsanecssnsensasacceneconsseceanisessanenenanesesgges 15 5.04 CONTRACTOR’ Liability Insurance...c.sssscssssssesessssrssersensessennecccenecgeesseacsenesanneanssseenscnseqanennecnacesseaseenngsees 15 5.05 OWNER’ Liability INSUrance.....s.scesssssesvesvesssssessscessseseeseeneeneeneeeeeenesestNARE SAO AEA AEG EA AR LAU SOU ECU EAE ENE SOOEEO EEA 16 5.06 Property InSUrannce.....ccscscssssssssssssesseeseeeseesee nese netseesseseeeeeneeeeeeeneensassneesOnenUneOUhe A GOAN DELO ELUTE AEA AOUSEOAE eee eget 16 5.07 Waiver of Right ...scccsssscsssssecssssssssesssessessusssvesucsseesseesnecnsecsssoneesansssissesesanensnecsuccnecsnccasqansnarocgsconscsensessenseneneseggnseee 17 5.08 Receipt and Application of Insurance Proceeds........csscssessvess sistent EEE TA A 18 5.09 Acceptance of Bonds and Insurance; Option to Replace ......sssssssesriserseeec nee ett ee tee ett eee 18 5.10 Partial Utilization, Acknowledgment of Property [nSUPe? ...cesssssssnccese iene insnsreensenanennenteaesnanteneaaanenn sents ees 18 ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES. .........ssssscssessssessssssesssssseseasssesscsensseeseseessneseneaassasanssesenenennensenenagsenenogaeseeses 18 6.01 Supervision and Superintendence .......sssssecceercssiccsssranesseecssssssaveccesssansesceernnanennannasenssssanseesensesesssnenennetes 19 6.02 Labor; Working HOUrs ...scsccssessssvssvessssssesesseeesscnnessnessesseceneeeaeetshenseueeeeeeeeeneeneeeeeeeesGaeeAeeAMenGMANGOeeAseeane geen eat 19 6.03 Services, Materials, and Equipment .....c.ccsssscsssusssessscsesssnsnesenesenneneenssesssenenenenennaeaceneunenaneeneasennsensseeneene eens 19 6.04 Progress Schedule ...sssscssssessssssscssnssscesesneesneeseesesseeseaeesseeeeeesneeeenseeeggeeeegensaeeuegeeeeeeO ene OAETOMA Ae Aee Oe eee ee eee 19 6.05 Substitutes and “Or-Equalls” .....ssssssssssssssesssssescsesssessesssesssssseesteensesscssessasenceseesseneeseqscanenncnnearecsnsesteaseessensegss 19 6.07 Patent Fees and Royalties .......csssssssssssvesssesssssssesesssesnsessneesneessnsensnetavessnessneaneeasenseensansasnsacaaransesseenasencganessgnes 21 6.08 Permits coccccccccscccsccesscceccecerecrcscsssssesecesecscsescsssesenenesssesuessasarssssesequsseseesasssseaseneneausagacsavesensnosenssaeseasenensesegennenenenegs 22 6.09 Laws and Regulations .......scssssssesvecssereeeesessecseesseeeneeseenensenseseenesan een ene eae eeaeGneae eet UA ate EEE OETA AERA RE g 08 22 6.10 TEKS voeccccccscsseccssscssscseccecocsscsesessesssecsscescseuseserecsecsscessaseessosssessenensssecenssessesesensaenenaseunennsansanatsesescenenanansnenanasesenenansys 22 General Conditions Page 00700-3 6.11 Use of Site and Other Areas ..cscscssssssesscscscssssesssssreaccseesuensasssecnssssscnsasneeneasneeseusscsssessasgeeusasussessacarenesceneneseneesases 22 i 6.13 Safety ard Protections o...cececcsscscsserscessssessesssscenesssesssueesvesseccesesneceeceseseasseersccesaseasseseadecaseavasssatacacsesaseaeevsnavsneeeses 23 6.14 Safety Representative oo... ccscscssssercssseceesscsssescsessscsessssssssesssesssnsesssesssoessossessuessaussossssenssuueeseresenssscnsaneseensenisee ees 23 i 6.15 Hazard Communication Programs u.....cssssssccsesssesssssssssscssevssssesesescssssserssssesecnesesarsssensacen seeesenseassetseetessessecneaes 23 6.16 Emergencies ...ecccccccscsssssssessesssscsssscesecssenenssescrssesssnesessnessssasaesequcsesecasseseeasseaesenecerasasavscenssceensesscassascesasessesasseesaes 24 6.17 Shop Drawings arid Samples ...cccccscsscssssvsssssssssscssssssssesssssssssenssssssavsnecssnsaseacsucssseqsesseneauansessesesseceaseaeeqnensensensesees 24 6.18 Continuing the Work cccccsscsssscscecsscosscssescenssensesscssesseaeatsesensesssscessassesensecesesansecenssenersseeessenedenseaseasessenesssseesens 25 i 6.19 CONTRACTOR ’s General Warranty and Guarantee ......cssccscccscsssecsvseseeevenenensesenseceenesescesssesesensessessiesaseensnats 25 6.20 IndemnifiCation.....cccscersseesscscsrcsessencrssseressesessonensesevensesssesseacaccesesesesseseatsessseseceneaasseeansseceetteceeerarsresseenesssassenenegs 25 i ARTICLE 7 - OTHER WORK ......cccccssssssssssserssrssesssssseonsesescnssnassesnenssseaeseseenenecesessenecessesssvecsseseneqeeneacaesenseesesesesensectecneatectnessseeoteed 26 7.01 Related Work at Site .......scsccsscssesssesecevesseessesesenesesesseesssecesessseseseaesenssnedsceesssousssaecseseesacsdsuecesesesesesnssusescanseeeaes 26 7.02 COOrGINATION ...scccscsevsesseccseseseseeesenececeeseccestatsescenessasconessseaessanecseansneseoescsesesescssscnsoesssenscasenanseesstassssssssussasscseesenees 26 i ARTICLE 8 - OWNER’S RESPONSIBILITIES ..... 8.01 Communications 10 CON ACIOF ....cccccssssessseserssssessesssecssesecssecsesseseasseseessesesesensensnscesesessenssssscscassessasenseasscrnteseets | 8.02 Replacement of ENGINEER. ..........ssccssssssssseseeseesesesssees 8.03 Furnish Data ..cccecssesssccsssscssseserscsscesssssssesssesseneessessecessessssnscasenseesensesnstesesssssesseeseesonseaeeasssessunsseaeaseusansusseaessee ees 8.04 Pay Promptly When Due... 8.05 Lands and Easements; Reports and Tests i 8.06 LASUPANCE 0. cecsseseesessseceseceseceaseeecceccseseeesessscessceseseoesessssesensssscessesseassacscneseesasseceasaseoesscaususdseccesusuausnadensaenesevaentereees 8.07 Change OFders ...cccscescsscccssssssesssesenscsscsssocecestenenersccerssneesssdveneevectanssssorsssssusesesssssssensseseogonsesanssssasseessanesssegeresesneet 8.08 Inspections, Tests, and Approvals............... | 8.09 Limitations on OWNER’S Responsibilities ........ccsssssesssssseesesseneeens eassteesesecesesneesnseecsessesseseeecesesssnerssesosenssases 27 8.10 Undisclosed Hazardous Environmental Condition .......cccscsesssesssssssescsssessseesesoncesessensessssessosssseescescasaseesenees 27 8.11 Evidence of Financial Arrangemenits....... eseececesscesesescaeseseeeseseasaceesesesseusesensasesnseeeecsseusossanstseeeuenseneses ees 27 i ARTICLE 9 - ENGINEER’S STATUS DURING CONSTRUCTION ...........ccsssscsssscessssssnseseeseeesesenecsssesecseenseaseessesssoesnsesessnassses 27 9.01 OWNER’S Representative ..........ssccecsscsceeveresessssesesessssssesessssesoseesseoesssessnsessacnsenessuusssscansessessseeeseanensnsanseensanasets 27 9.02 Visits t0 Site... eseesecesscessssssseesesesssesessesecessscssessenaseesesesesecessossesoensescsssssssussesaessanseseeanssnescensaseasecaseesesenenenesenentaraes 27 | 9.03 Project Representative ......sssesesssssscecsseseesssessscsssescneccssscssassesunsensacscssscasacensesesssessacessenesessusseceeseaennassesesensenseesass 28 9.04 Clarifications and Interpretations........c.c.ecseccsssssevssrsssssesesnsssssessesesseesssossssssessegnsseaseuassessersssecasseenseneasaneneesensaes 28 9.05 Authorized Variations in WOrk.......ccccccssscsssessssscesesseseseseceessnscesneseeneneseassceneaeessssesenescnsoessenansassseaessessnesestseesaeees 28 | 9.06 Rejecting Defective WOrk .......cccssssssssssssseeenesesnensecssecerseeneneasesssesecseaessasdsedcasesssesonssensssesnasssoresecensansesueerenanensaens 28 9.07 Shop Drawings, Change Orders and Payment .......csccscssssssesssesssssssssescesssssssssesssssssesnsenseasenensseeasansetenseneneatens 28 9.08 Determinations for Unit Price Work... seeeeenes sence ene aececaseestsacesssenesetseteDO 9.09 Decisions on Requirements of Contract ‘Documents ‘and Acceptability of Work... sesseseneneneneegsesseesensrensecesesaeeseae 29 i 9.10 Limitations on ENGINEER'S Authority and Responsibilities .......c.scscsscssvsssssssssssssssssseessssesssseeneseseeneneeseenaes 29 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ......ccccsssscscssssssscsesessssscesesscaseussesesneuesesececaeseseseneasnesaeeserseerssssssessseasseessonsa 29 | 10.01 Authorized Changes in the WOrK .....cccccscssssssssssessecessstesestsnecsesenenesescnssececuendecaaeseaeeseseosseasessesesensnsassneneassaeens 29 10.02 Unauthorized Changes in the Work .......ccssssssossssseserevesssessenssesesenesseussessessensraseescansesusasecsassensasssensnseeeeeseseea 29 10.03 Execution of Change Orders ........sssccscsscscsssecesessecceneesonecsesssneenessesssasscsossesesnenuseusnanssessesseseusesensausatarsasssasesenseas 29 | 10.04 Notification to SUrety.....ccscccsssceseccessssccasecssesseesecsesssosesesssessescsssesssaecseseseseesssseesssssssssansensoseasesereseessenrseataeseeses 30 10.05 Claims and Disputes....ceccccssccsecsscecscscssccsessssncssnesecesesssecssessessaescesessesecssesnsseceseeeesssanasessassssesesaasonensnsnennaasesesees 30 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK..........cssssssssssssssssssensseessersnenssnessesesess 31 | 11.01 Cost of the Work... cecssccsssssseesssscecseeveneseneeseseceessessseaeseaesessacceseeessesenssasenesesonsesasoquaensacsearsesunsssseenessseesseasssenenee 31 11.02 Cash ALOWQnCES .occcsssscssesecsseesesessescnenenessscneesececenssecesesenecesenecucueseseseseusneseecersensasscuensecesessaeacseasseanesacssennsensaaveces 32 11,03 Unit Price WOrk.......ssscccsssssssssscsssssssetsscsecsssscseseseseseucsssessseseesensosnsoneseressessaseasesesseseesessusseassesssasecssatsassacassesenens 33 | ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES .........seeseeseesesesesscsereenesessesseesssseseanes 33 12.01 Change of Contract Price .....c.cccccscsssssssssssssesescssscsestsessssesessssesesscseseseeueseacaesceesessseceseceeonenensseaesedseseaneseassueses 33 | 12.02 Change of Contract Times ......cccssecsssssssccsessesssssesecssnssesssesessecesseseseaescccesseeseneceseensnseeseneneneseesdsssesesssusssensssseoues 34 12.03 Delays Beyond CONTRACTOR'S Control w.cscssecessssescssesssssssssstsncescncesencesenseneasenescsesscnensassssessassseeseussasssseseesas 34 12.04 Delays Within CONTRACTOR'S Control ......s.sscsssssssssssssssessscutsesssscsesessecesensnecsesesesesesesesseseeensneeeseneseseeneaneeess 34 12.06 Delay Damages w....ecscscscessssssvecesessesssesesesesesessssensesesesesesesescesanesesesenecesesesessseaessedeacseasenscasansessoeassesssesenscessnouses 34 | General Conditions Page 00700-4 J ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.....ccssscscsscscssssssssessssesescssssesessesesecucorseecenevssssesosossessssnsneseansuescaseeesesessnssseeatiecsnesisagseasansenanessessacone 34 13.01 Notice Of Defects... eeesccscsesssssssessesesseesstecsssesenssssesneseeseeessseseesneeneraeensneeaeerensenereaneanes asesanensseeeneecensanesensesensensns 34 13.02 Access 10 WOrk .occcccscscssecsscssssscsseesscssensseseecececessassnssnssesaesansccesenesssssesesessuasqeececassenenseseneeesegtesaeeresoseenscansnseatenaesens 35 13.03 Tests arid INSPectiOns .......ssecesvesssssssssessetsensveensessseceeseccsaesessseuaseccerscaneaecenncaeeseanesesnsasresseseesnenenecseaseneenesnegngns 35 13.04 Uncoverirag Work ....secccsssssssssssessscssssssssessessseescnsesenassaeseesenansasensnucasenscnenssassecassneasaneaneeataasnssasanssaeesnarsneaeeees 35 13.05 OWNER May Stop the Work .......sssssssssscssssssesssssseesesccsesesessesseseeseenarsesesmneneneeseendsesesanaensastesseeaasensesesecassnenatens 35 13.06 Correction or Removal of Defective WOrK...c.cceccssessessicscceessnesssissesceseceessensenenrennsasasssouinonseseencentanssenaeenys 36 13.07 Correction Period. .cscccssscsccsssssscccsscsssssssssssssesesssscesesssessssussssensssssessssossuaeseceaeaesceeneneeseneneneeeneneessegoeuasasanseyeeseneas 36 13.08 Acceptance of Defective WOTK .......sssssssssessssecssssssssessesssssssssensecnsnereetensenesenneassassscninatesssuescenasesaqeeseeesennenans 36 13.09 OWNER May Correct Defective WOrk.....cssscsssssscsceecsessreensssenscneneseneesensengessessesensseacsesensensnscasanasaasensaegn tas 36 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ........cscsssssssssssesssessessssensnessenesesesseasesssessensenceseeseerasanens 37 14.01 Schedule of Values ....ccccccccscsseosccvecesssssssseessessssessseneesssssneenecneasscsusscsacsanenessensecnssseansersesseusenetausatencssenenneesaeens 37 14.02 Progress Payment .........cssssssssnssccesssesosssessnssessssssensesecesssstesseneeneasentensensanssasoueassaseseneeveqsseenenensenasnesasensanens 37 14.03 CONTRACTOR'S Warranty of Tithe .sesscsscosssssvsessessssessssssssesssenstscecessseessseneansensesenseneacceeresseseussuassesnensentanse 39 14.04 Substantial Completion ........:cscsssssssessescssssesesssecssssenesesssnnanscsesenssseneecesecesenecersennssersossesanuanssegsessensssesseasenens 39 14.05 Partial Utilizationi.....scccecscssesssssssssscsssesesessensnesesessscssseseuenssssecseseeaescnsssenseesesensensseananeseseqressgnesenonsensananenseneaeaes 39 14.06 Firtal Inspectin..cc.scsccsscescsesssssseeseesesnesssssessesssseesssossessensesesseessesscesessusssenaeseesnesecaeauanansnesensoqsetsteatanseasenseneensas etd 40 14.07 Final Payment ..sccccccccsssssssssssssecssessesecsessesecesnesssacsseessssseasanessssesassssanssnsaseuesesessecnensensssenscnssseeserartaeausaenarsananenease 40 14.08 Final Completion Delayed ...........ssssssssssssssessnescsssanssanessssessensensesecsenesneneensensnsansennaseanevesnensgounagesseseantanenegns 40 14.09 Waiver of CLAIMS .ocsceccscsssssessnsecsssecsssensseesssnssessesessesesscsenseseassnceacaucanenecsesnssecassnsasaneasseeasenenenasesossesoascasenmsacansonass 41 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ........:cccscssssssssssssssssssssesessseanecsesesenensencassesensotsaseenseesanencansneces 4l 15.01 OWNER May Suspend Work .........scccssssscssssssessessesessesscsnensenesssnsanscacensaesensenssssssssconsssaneersesausnaessessenesenns 41 15.02 OWNER May Terminate for CaUse........ssssssssscssseessessssenessessessessssessenesseseenscesacenennsasenedsensansenaneasessanseassseese 41 15.03 OWNER May Terminate For Convenience ......sccceccssiiescsscsesssniesnesesesecestersaeansssrsesnarsctienasnannanacansseentagand 41 15.04 CONTRACTOR May Stop Work or Terminate ........ccscccsssssecssscessenseneseenennesesssneseasseegnoconseeseeessansensnsesanan aed 42 ARTICLE 16 - DISPUTE RESOLUTION ........ccssssssssscecsssssessecssssssssssssssssssssessusaseecessnenesesaeseseasansansesssseneaseeesaacansusessosseacesenessenean aed 42 16.01 Methods and Procedures ..essecssscscsssssssssssscscssscssceetsnsesnensenenseessssesesnssanscauassosonesasaqacsenssesesasesesscauenaresegesnseranensngee 42 ARTICLE 17 - MISCELLANEOUG........c:ccssscscssssseeseeseeesessseesesesssesssssenseensensessseseeserecaranesesenseacansesecsaoeseseaeacanssqsesieosssonscenssneausersa ats 42 17.01 Givirng NOtiCE...seseescssccecsssecssesessessensessssesssssesseneseseseessatseasscaessesansssessssesecseneneensnsstoesecuquessnmsstonssenesnaceasaseaeseansansey 42 17.02 Computation of Times ......csccccccscsssesvssssesssssssssssneassensensuesessessessessesssanssenecseeseneenensenensonanssasseanoeaaseqaeaeanensensets 42 17.03 Cumulative Remedies ...cccccccscecscssessssseccssssesessccecsesssesssesescaessssenssensssssesnossesessorsceseqscesensssesananeseaeanananesneeanenseend 42 17.04 Survival of ODLigatiOns.....scscsscsssescsessseevsesetssessesssseessssssconsensussedecseesorseasesensesenessenessneaestensonenssaesesasarsnesasagavenens 42 17.05 Control lirag LAW w.ccscssssssssesvesssssssssssenessssensseeneasesssnsscesssnsceassscsasecscsueaesscaessnsussenesesessceassecosonsneeneneensseasegsogonsnnents 43 General Conditions Page 00700-5 ARTICLE | - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement--The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment--The form acceptable to ENGINEER which is to be used by CON- TRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4, Asbestos--Any material that contains 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. 5. Bid--The offer or proposal of a_ bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (in- cluding all Addenda issued prior to receipt of Bids). 7. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8. Bonds--Performance and payment bonds and other instruments of security. 9. Change Order-A document recommended by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the GENERAL CONDITIONS _ terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract--The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents--The Contract Docu- ments establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR’s Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER’s written interpretations and _ clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price-The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times-The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER’s written recommendation of final payment. 15. CONTRACTOR--The individual or entity with whom OWNER has entered into the Agreement. 16. Cost of the Work-See paragraph 11.01.A for definition. 17. Drawings--That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. General Conditions Page 00700-6 18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. ENGINEER--The individual or entity named as such in the Agreement. 20. ENGINEER's Consultant--An individual or entity having a contract with ENGINEER to furnish services as ENGINEER’s independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 21. Field Order-A written order issued by ENGINEER which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. , 22. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 23. 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 in connection with the Work. 24, 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. 25. 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. 26. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. 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. 28. Notice of Award--The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. 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. 30. OWNER--The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization--Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs--Polychlorinated biphenyls. 33. 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. 34. Project--The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35. Praject Manual--The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. 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. 37. Resident Project Representative--The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. 38. 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. 39. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CON- TRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. 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 General Conditions Page 00700-7 by OWNER which are designated for the use of CONTRACTOR. Al. Specifications--That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. 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. 43. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier--A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Feacilities-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. 47. Unit Price Work--Work to be paid for on the basis of unit prices. 48. Work--The entire completed 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. 49. 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. 50. Written Amendment--A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction-related aspects of the Contract Documents. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms “as allowed,” “as approved,” or terms of like effect or import are used, or 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 action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed 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 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 9.10 or any other provision of the Contract Documents. B. Day 1. The word “day” shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to General Conditions Page 00700-8 ENGINEER’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05). D. Furnish, Install, Perform, Provide 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When “furnish,” “install,” “perform,” or “pro- vide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, “provide” is implied. E. Unless stated otherwise in the Contract Docu- ments, words or phrases which 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 A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents SEE SUPPLEMENTARY CONDITIONS (SECTION 00800) 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 = Starting the Work SEE SUPPLEMENTARY CONDITIONS (SECTION 00800) 2.05 Before Starting Construction A. CONTRACTOR’s Review of Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, 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 knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for its timely review: 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and General Conditions Page 00700-9 3. apreliminary 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. SEE SUPPLEMENTARY CONDITIONS (SECTION 00800) 2.06 Preconstruction Conference SEE SUPPLEMENTARY CONDITIONS (SECTION 00800) 2.07 Initial Acceptance of Schedules SEE SUPPLEMENTARY CONDITIONS (SECTION 00800) INTENT, ARTICLE 3 - CONTRACT DOCUMENTS: AMENDING, REUSE 3.01 Intent SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION 00800) A. The Contract Documents are complementary, what is called for by one is as binding as if called for 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 may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER. C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. General Conditions Page 00700-10 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER’s Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies _ A. Reporting Discrepancies 1. 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 any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. 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; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity, or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies 1. | Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any . conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment, (ii) a Change Order; or (iii) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) ENGINEER’s approval of a Shop Drawing or Sample; or (iii) ENGINEER’s written interpretation or clarification. 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) 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 ENGINEER’s Consultant, including electronic media editions; and (ii) shall not reuse any of 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 adaption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing _ facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER’s furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. General Conditions Page 00700-11 B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER’s interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equip- ment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface Structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Contract Documents. ’ B. Limited Reliance by CONTRACTOR on Technical Data Authorized) CONTRACTOR may rely upon the general 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, ENGINEER, or any of ENGINEER’s Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION 00800) A. Notice: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any “technical data” on which CONTRACTOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shali not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER’s Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER’s findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR’s cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in paragraph 4.03.A; and General Conditions Page 00700-12 EEEEEEIEIIETE Tc re 4.04 b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of para- graphs 9.08 and 11.03. 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 in respect of 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 com- mitment; or c. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.03.A. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefore as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER’s Consultants 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. Underground Facilities SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION 00800) A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the 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. IfENGINEER 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 of 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 General Conditions Page 00700-13 are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER’s judgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of: the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized) CONTRACTOR may rely upon the general 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, ENGINEER or any of ENGINEER’s Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CONTRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); 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. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER’s own forces or others in accor- dance with Article 7. G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER, ENGINEER’s Consultants and the officers, directors, General Conditions Page 00700-14 partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER’s Consul- tants, and the officers, directors, partners, employees, agents, other 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.F shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to 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 CONTRACTOR’s obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Contract Documents. B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, USS. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent’s authority to act. C. If the surety on any Bond furnished by CON- TRACTOR 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 within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary 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. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other additional insured) which OWNER is required to purchase and maintain. 5.04 CONTRACTOR’: Liability Insurance SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION 00800) A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR’s performance of the Work and CONTRACTOR’s other obligations under the Contract Documents, whether it is to be performed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to General Conditions Page 00700-15 perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR’s employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR’s employees; 4. claims for damages insured by reasonably available personal injury _ liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting there from; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering CONTRACTOR’s indemnity obligations under paragraphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when CON- TRACTOR may be correcting, removing, or replac- ing defective Work in accordance with paragraph 13.07; and 7. — with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.05 OWNER’ Liability Insurance A. In addition to the insurance required to be provid- ed by CONTRACTOR under paragraph 5.04, OWNER, at OWNER’s option, may purchase and maintain at OWNER’s expense OWNER’s own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance SEE SUPPLEMENTARY CONDITIONS (SECTION 00800) General Conditions Page 00700-16 5.07 Waiver of Rights SEE SUPPLEMENTARY CONDITIONS (SECTION 00800) General Conditions Page 00700-17 5.09 Replace Acceptance of Bonds and Insurance; Option to A. If either OWNER or CONTRACTOR has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by paragraph 2.05.C. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Con- tract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shali not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES General Conditions Page 00700-18 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, but 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. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. At all times during the progress of the Work, CONTRACTOR shall .assign a competent resident superintendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR’s representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superin- tendent shall be binding on CONTRACTOR. 6.02 Labor; Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work 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, and CON- TRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER’s written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. 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 warranties and guarantees specifically called for 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. 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 Docu- ments. 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. 1. | CONTRACTOR shall submit to ENGI- NEER for acceptance (to the extent indicated in paragraph 2.07) proposed adjustments in the prog- ress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the circumstances described below. L. “Or-Equal” Items: 1f in ENGINEER’s sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an “or-equal” item, in General Conditions Page 00700-19 which case review and approval of the proposed item may, in ENGINEER’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in ENGINEER’s sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an “or- equal” item under paragraph 6.05.A.1, it will be considered a proposed substitute item. b. CONTRACTOR shall submit sufficient information as provided below to allow ENGI- NEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CON- TRACTOR. c. The procedure for review by ENGI- NEER will be as set forth in paragraph 6.05.A.2.d, as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. d. CONTRACTOR shail first make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the proposed substitute item will prejudice CONTRACTOR’s achievement of Substantial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the applica- tion, and available engineering, _ sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute item. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CON- TRACTOR may fumish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in sub paragraph 6.05.A.2. C. Engineer’s Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.05.A and 6.05.B. ENGINEER will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until ENGINEER’s review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an “or equal.” ENGINEER will advise CONTRACTOR in writing of any negative determination. D. Special Guarantee) ©QWNER may require CONTRACTOR to furnish at CONTRACTOR’s expense a special performance guarantee or other surety with respect to any substitute. E. ENGINEER’s Cost Reimbursement: ENGINEER will record time required by ENGINEER and General Conditions Page 00700-20 EDI SSSS'SSCS<SSCS = f X. i f ENGINEER’s Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER’s Consultants for evaluating each such proposed substitute. F. CONTRACTOR’s Expense: CONTRACTOR shall provide all data in support of any proposed substitute or “or-equal” at CONTRACTOR’s expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcon- tractor, 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. SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION 00800) 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 idéntified 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 or Written Amendment signed. 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. SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION 00800) 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 it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with ENGINEER through CONTRACTOR. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcon- tractors 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 an additional insured 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, ENGINEER’s Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other 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 General Conditions Page 00700-21 A. CONTRACTOR shail pay ail 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. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER’s Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and 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 primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shail not relieve CONTRACTOR of CONTRACTOR’s obligations under paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may 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 therefore as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER’s Consultant, and the officers, directors, partners, employees, agents, and other consultants 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 General Conditions Page 00700-22 any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRACTOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the completion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.13. Safety and Protection SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION 00800) A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equip- ment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER’s Consultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or = any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR?’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made General Conditions Page 00700-23 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 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The 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.E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER as required by paragraph 2.07, any related Work performed prior to ENGINEER’s review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures I. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to means, methods, techniques, sequences, and procedures of construction and safety precautions and programs incident thereto; and d. CONTRACTOR - shall also have 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. 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR’s obligations under the Contract Documents with respect _— to CONTRACTOR’s review and approval of that submittal. 3. At the time of each submittal, CON- TRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. E. ENGINEER’s Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample 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, con- form to the information given in the Contract Docu- ments and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. | ENGINEER’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except General Conditions Page 00700-24 where a particular means, method, technique, sequence, oF procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. | ENGINEER’s review and approval of Shop Drawings or Samples shall not relieve CON- TRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER’s attention to each such variation at the time of each submittal as required by paragraph 6.17.D3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the require- ments of paragraph 6.17.D.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 shail 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, ENGINEER, and ENGINEER’s Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper main- tenance or operation by persons other than CON- TRACTOR, Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2. normal wear and tear under normal usage. B. 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 4 release of CONTRACTOR’ obligation to perform the Work in accordance with the Contract Documents: ' 1. observations by ENGINEER; 2. recommendation by ENGINEER or payment by OWNER of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereto by OWNER; 4. _ use or occupancy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Draw- ing or Sample submittal or the issuance of a notice of acceptability by ENGINEER; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by OWNER. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER’s Consul- tants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 1. _ is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom; and General Conditions Page 00700-25 —E————————— 2. is caused in whole or in part by any negli- gent act or omission of CONTRACTOR, any Sub- contractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts -any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against OWNER or ENGI- NEER or any of their respective Consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CONTRAC- TOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER’s Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER’s employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to CONTRACTOR prior to Starting any such other work; and 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefore as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the other work with OWNER’s employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do ail 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. CON- TRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. C. If the proper execution or results of any part of CONTRACTOR’s Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR’s Work. CONTRACTOR’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR’s Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; General Conditions Page 00700-26 SSS '~S';SéC~ rrr 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsi- bilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and respon- sibility for such coordination. ARTICLE 8 - OWNER’S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.02 Replacement of ENGINEER A. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.03 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When Due A. OWNER shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. OWNER’s duties in respect of 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 in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.06 Insurance A. OWNER’s responsibilities, if any, in respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. OWNER’s responsibility in respect to certain inspections, tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitations on OWNER’s Responsibilities A. The OWNER shali not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CON- TRACTOR to comply with Laws and Regulations applica- ble to the performance of the Work. OWNER will not be responsible for CONTRACTOR’s failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. OWNER’s responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Ifand to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER’s obligations under the Contract Documents, OWNER’s responsibility in respect thereof will be as set forth in the Supplementary Conditions. 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 responsi- bilities and the limitations of authority of ENGINEER as OWNER’s representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at inter- vals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an General Conditions Page 00700-27 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 9.10, and particularly, but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the Site who is not ENGINEER’s Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Docu- ments. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. 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, that should be allowed as a result of a written clarification or interpre- tation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR, who shall perform the Work involved promptly. If OWNER and CONTRAC- TOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of a Field Order, a Claim may be made therefor as provided in paragraph 10.05. 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER’s authority as to Shop Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER’s authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER’s authority as to Applications for Payment, see Article 14, 9.08 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 CON- TRACTOR 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. General Conditions Page 00700-28 — ee 9.09 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 there under. Claims, disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision. B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9,09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.07) will bea condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.10 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 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 perfor- mance of the Work. ENGINEER will not be responsible for CONTRACTOR’: failure to perform the Work in accor- dance with the Contract Documents. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER’s review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply to ENGINEER’s Consultants, Resident Project Repre- sentative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement 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 Written Amendment, 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 therefore as provided in paragraph 10.05. 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.B. 10.03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.01.A, (ii) required because of acceptance of defective General Conditions ———— Page 00700-29 Work under paragraph 13.08.A or OWNER’s correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to para- graph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice 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) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR’s responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant’s last submittal (unless ENGINEER allows additional time). B. ENGINEER'’s Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. ENGINEER’s written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal from ENGINEER’s decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER’s written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.B, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal General Conditions Page 00700-30 ES S=SASS:;éS= of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH 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 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 include only the following items, and shall not include any of the costs itemized in paragraph 11.01.B. 1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. 4. 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 pay- ments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CON- TRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CON- TRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as CONTRACTOR’s Cost of the Work and fee as provided in this paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including — the following: a. The proportion of necessary transportation, travel, and subsistence expenses of CONTRACTOR’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of CONTRACTOR. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. Alli 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 CON- General Conditions Page 00700-31 TRACTOR is liable, imposed by Laws and Regu- lations. e. Deposits lost for causes other than negli- gence 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 perfor- mance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses Shall include settlements made with the written consent and approval of OWNER. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR’s fee. g- The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of cost-plus, 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: 1. Payroll costs and other compensation of CONTRACTOR’s officers, executives, principals (of partnerships and sole proprietorships), general 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. 2. Expenses of CONTRACTOR’s principal and branch offices other than CONTRACTOR’s office at the Site. 3. Any part of CONTRACTOR’s capital expenses, including interest on CONTRACTOR’s capital employed for the Work and charges against CONTRACTOR for delinquent payments. 4. Costs due to the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and 11.01.B. C. CONTRACTOR’s Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR’s fee shall be determined as set forth in paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.B, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash 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 as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by General Conditions Page 00700-32 the allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR’s costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the 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. B. 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. 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 9.08. B. 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. SEE SUPLEMENTARY CONDITIONS (SECTION 00800) ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2); or 3. where the 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’ 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 shall be determined as follows: 1. amutually acceptable fixed fee; or 2. if'a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under paragraphs 11.01.A.1 and 11.01.A.2, the CONTRACTOR’s fee shall be 15 percent; b. for costs incurred under paragraph 11.01.4.3, the CONTRACTOR’s fee shall be five percent; General Conditions Page 00700-33 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR’s fee by an amount equal to five percent of such net decrease; and f; when both additions and credits are in- volved in any one change, the adjustment in CONTRACTOR’s fee shal! be computed on the basis of the net change in accordance with paragraphs 12.01.C.2.a through 12.01.C.2., inclusive. 12.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR’s Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefore 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. 12.04 Delays Within CONTRACTOR’s Control A. The Contract Times (or Milestones) will not be extended due to 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. 12.05 Delays Beyond OWNER’s and CONTRACTOR’s Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR’s sole and exclusive remedy for such delay. 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: 1. delays caused by or within the control of CONTRACTOR; or 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible. 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. All defective Work may be General Conditions Page 00700-34 ee rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER’s Con- sultants, 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, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR’s Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections SEE SUPLEMENTARY CONDITIONS (SECTION 00800) 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 CONTRAC- TOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered 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. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGI- NEER, 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. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree-as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If, however, such 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 Milestones), or both, directly attribut- able 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 therefore as provided in paragraph 10.05. 13.05 OWNER May Stop the Work A. Ifthe 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 General Conditions Page 00700-35 the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 | Correction or Removal of Defective Work A. 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). 13.07 Correction Period A. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or 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: (i) repair such defective land or areas, or (ii) 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 (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting there from. If CONTRACTOR does not promptly comply with the terms of such 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, and 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. B. 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 or by Written Amendment. C. Where defective Work (and damage to other Work resulting there from) 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. D. CONTRACTOR’s | obligations under __ this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER’s recommendation of final payment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER’s evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER’s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefore as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In General Conditions Page 00700-36 CC ___X=___ a ee ‘ connection with such corrective and 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, con- struction 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 shail be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as fo the amount of the adjustment, OWNER may make a Claim therefore 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 (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER’s rights and remedies under this paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND - COMPLETION 14.01 Schedule of Values A. The schedule of values established as provided in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Applica- tion for Payment acceptable to ENGINEER. _ Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date estab- lished 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. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR’s legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to pro-gress payments will be as stipulated in the Agreement. B. Review of Applications i. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEER’s reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. 2. | ENGINEER’s recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER’s observations on the Site 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: General Conditions Page 00700-37 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, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and c. the conditions precedent to CONTRACTOR’s being entitled to such pay- ment appear to have been fulfilled in so far as it is ENGINEER’s responsibility to observe the Work. 3. By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) 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 (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4. Neither ENGINEER’s review of CONTRACTOR’s Work for the purposes of recommending payments nor ENGINEER’s recommendation of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR’s failure to comply with Laws and Regulations applicable to CONTRACTOR’s performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any. Liens. SEE ALSO SUPLEMENTARY CONDITIONS (SECTION 00800) 5. | ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER’s opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14,02.B.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER’s opinion to protect OWNER from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.09; or d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to OWNER with ENGINEER’s recommendation, the amount recom- mended 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 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR’s performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWN- ER 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 General Conditions Page 00700-38 paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must 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 corrects to OWNER’s satisfaction the reasons for such action. 3. If it is subsequently determined 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. 14.03 CONTRACTOR’s Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefore. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefore. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER’s option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR’s performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. 1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not General Conditions Page 00700-39 consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefore. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. SEE SUPLEMENTARY CONDITIONS (SECTION 00800) 14.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CON- TRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, | Bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. B. Review of Application and Acceptance 1. If, on the basis of ENGINEER’s observa- tion of the Work during construction and final inspection, and ENGINEER’s review of the final Application for Payment and accompanying docu- mentation 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 CON- TRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to OWNER of the Application for Payment and accompanying documentation, the amount recommended by ENGINEER will become due and, when due, will be paid by OWNER to CON- TRACTOR. 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR’s final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that General Conditions Page 00700-40 portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1, a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR’s continuing obligations under the Contract Documents; and 2. a waiver of all Claims by CONTRAC- TOR against OWNER other than those previously made in writing which are still unsettled. 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 allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes a Claim therefor as provided in paragraph 10.05. 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: L. CONTRACTOR’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materi- als or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as: adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR’s disregard of Laws or Regulations of any public body having jurisdiction, 3. CONTRACTOR’s disregard of the authority of ENGINEER; or 4. CONTRACTOR’s violation in any substantial way of any provisions of the Contract Documents. B. Ifone or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR’s tools, appliances, construction equip- ment, 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 OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR’s services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of General Conditions Page 00700-41 OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 1. for completed and acceptable Work executed in accordance with the Contract Docu- ments prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails for 30 days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after it is submitted, or OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR’s stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. 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 if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance General Conditions Page 00700-42 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 Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. General Conditions Page 00700-43 SECTION 00800 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 ed.) 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. The terms used in these Supplementary Conditions have the meanings assigned to them in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings indicated below, which are applicable to both the singular and plural thereof. SC-2.02 OWNER shall furnish to CONTRACTOR up to four (4) copies of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. SC-2.04 CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the Effective Date of the Agreement. SC-2.05.C | The CONTRACTOR shall furnish the ENGINEER with five (5) copies of Certificates of Insurance on all required policies of insurance showing limits of liability as specified. All policies must provide thirty (30) days advance notice to the OWNER and ENGINEER in the event of cancellation, expiration or alteration. Each certificate shall be accompanied by a notarized statement itemizing each and every exclusion of the policy. All certificates shall be submitted with the Agreement for execution. SC-2.06 Within twenty (20) days after the Effective Date of the Agreement, a conference attended by CONTRACTOR, ENGINEER and others as appropriate may 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.B of the General Conditions, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. SC-2.07 If requested by the OWNER or ENGINEER, 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.B of the General Conditions. 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 the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals. Repair & Paint Countryview & Bluewater Tanks (2014) 00800-1 Job No. 41-459 Contractors 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. SC-3.01 In the event of aconflict between the various items which make up the Contract Documents, the following Hierarchy of Documents shall prevail: Contract Change Orders Addenda Special Conditions Agreement Instructions To Bidders Supplementary Conditions General Conditions Technical Specifications Drawings. WPAN NAMNR WN SC-4.02 When reports of subsurface explorations and tests at the project site are included in the Bidding Documents, the CONTRACTOR may rely upon the accuracy of the Technical Data contained in such reports as per paragraphs 4.02.B of the General Conditions. Information included in such reports which may be considered Technical Data are: The Boring Method, Plan and Logs, Level of Subsurface Water, Laboratory Test Methods and Results and Similar Factual Data, all as of the dates made. These reports are not part of the Contract Documents, but the Technical Data contained therein upon which the CONTRACTOR is entitled to rely as provided in G.C. 4.02 as identified above are incorporated therein by reference. SC-4.03, 4.04 The plans show certain features of the topography and certain underground utilities, but they do not purport to show in detail all such lines or obstructions. Such topography and notes on the plans were inserted from records available and are for the CONTRACTOR's convenience only, and shall not be used as basis for any claims of extra compensation. All pipes or other underground utilities shall be maintained in continuous service where possible and shall be properly protected and supported. In no case shall interruptions to utilities be allowed to exist outside of working hours. Prior to starting the work, the proper authorities of all utilities shall be notified by the Contractor and the Contractor shall cooperate in every way possible with these authorities. Whenever necessary to determine the location of existing pipes, valves or other underground structures, the CONTRACTOR shall examine all available records and shall make all explorations and excavations necessary for such purpose. SC-5.01 Add the following new paragraph immediately after paragraph 5.01.C of the General Conditions: D. Prior to commencing work, payment and performance bonds required by this contract shall be filed in the public records of the county where said is performed pursuant to the requirements of Title XVIII, Section 255.05, Florida Statutes. Repair & Paint Countryview & Bluewater Tanks (2014) 00800-2 Job No. 41-459 SC-5.04 Add the following new paragraph immediately after paragraph 5.04.B of the General Conditions: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers' Compensation and related coverages under paragraphs 5.04.A.1 and 5.04.A.2 of the General Conditions: a.) State: Statutory b.) Applicable Federal (e.g. Longshoreman's): Statutory c.) Employer’s Liability $1,000,000 2. CONTRACTOR 's Liability Insurance under paragraphs 5.04.A.3 through A.6 of the General Conditions which shall also include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care custody and control of the CONTRACTOR: a.) General Aggregate (Except Products - Completed Operations) $2,000,000 b.) Products - Completed Operations Aggregate $2,000,000 c.) Personal and Advertising Injury (Per Person/Organization) $1,000,000 d.) Each Occurrence (Bodily Injury and Property Damage) $1,000,000 e.) Property Damage Liability Insurance will provide Explosion, Collapse and Underground coverages where applicable. f.) Excess Liability General Aggregate $2,000,000 Each Occurrence $2,000,000 3. Automobile Liability: a.) Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b.) Property Damage: $500,000 Each Accident OR c.) Combined Single Limit Repair & Paint Countryview & Bluewater Tanks (2014) 00800-3 Job No. 41-459 (Bodily Injury and Property Damage): $2,000,000 Each Accident 4. In addition to the requirements of Paragraph 5.04.B.1 of the General Conditions concerning the naming of the Owner, Engineer, and Engineer's consultants as additional insureds under the CONTRACTOR's General Liability Policy. Also, the CONTRACTOR shall at his expense provide an OWNER's and CONTRACTOR's Protective Liability Policy issued in the name of the OWNER and ENGINEER covering the CONTRACTOR's obligations under Paragraph 5.04.B.4 of the General Conditions. Coverage shall be provided under this policy for not less than the following amounts: (1) Bodily Injury: $1,000,000 Each Occurrence (2) Property Damage: $1,000,000 Each Occurrence $1,000,000 Annual Aggregate SC-5.07 A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs SC 5.06 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and: all other persons or entities identified in the Supplementary Conditions to be listed as insured or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, partners, employees, agents and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by CONTRACTOR as trustee or otherwise payable under any policy so issued. B. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, partners, employees and agents and other consultants and subcontractors of each and any of them, for: 1. loss due to business interruption, loss of use or other consequential loss extending beyond direct physical loss or damage to OWNER's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and 2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.05, after substantial completion pursuant to paragraph 14.04 or after final payment pursuant to paragraph 14.07. Repair & Paint Countryview & Bluewater Tanks (2014) 00800-4 Job No. 41-459 C. Any insurance policy maintained by CONTRACTOR covering any loss, damage or consequential loss referred to in this paragraph SC 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against OWNER, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents and other consultants and subcontractors of each and any of them. SC-6.06.B |The CONTRACTOR, or apparent successful Bidder, shall identify Subcontractors, Suppliers, or other persons or organizations as follows: 1) Prior to the Effective Date of the Agreement, the apparent Successful Bidder shall within seven (7) days of the receipt of a Written Request from the OWNER or the ENGINEER identify Subcontractors, Suppliers, or others specifically requested. Should such identification be required, attention is directed to Article 12 of the Information For Bidders. 2) Within thirty (30) days following the Effective Date of the Agreement, all Subcontractors shall be identified. SC-6.06.C | OWNERorENGINEER may furnish to any such Subcontractor, Supplier or other individual or entity, to the extent practicable, information about amounts paid to CONTRACTOR on account of work performed for Contractor by a particular Subcontractor, supplier, or other individual or entity. SC-6.13 The following paragraphs shall apply in addition to the requirements in 6.13 of the General Conditions: CONTRACTOR agrees to waive any claim against OWNER and OWNER’ s agents, architects, engineers, consultants, and their employees acting within the scope of their duties, and to defend, indemnify, and hold them harmless from any claim or liability for injury or loss that allegedly arises from CONTRACTOR’s performance of the work described herein. CONTRACTOR will require all SUBCONTRACTORS to conform with this provision before they start any work. CONTRACTOR shall insure this provision in conformity with the insurance provisions of this CONTRACT. Until final acceptance of the Work by the ENGINEER as evidenced by approval of the final estimate, the Work shall be in the custody and under the charge and care of the CONTRACTOR and he shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from execution or from the non-execution of the Work, unless otherwise provided for elsewhere in the Specifications or Contract. The CONTRACTOR shall rebuild, repair, restore and make good, without extra compensation, all injuries or damages to any portion of the work occasioned by any of the above causes before its completion and acceptance, and shall bear the expenses thereof. In case of suspension of the Work from any cause whatever, the CONTRACTOR shall be responsible for all materials and equipment and shall properly store them if necessary and shall provide suitable shelter from damage and shall erect temporary structures where necessary. SC-11.03.C | Paragraph 11.03.C of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: "C. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: Repair & Paint Countryview & Bluewater Tanks (2014) 00800-5 Job No. 41-459 1. If the total cost of a particular item of Unit Price Work amounts to five percent (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 twenty-five percent (25%) from the estimated quantity of such item indicated in the Agreement; and 2. If there is no corresponding adjustment with respect to any other item of Work; and 3. If CONTRACTOR believes that it has incurred additional expense as a result thereof; or if OWNER believes that the quantity variation entitles it to an adjustment in the Unit Price, either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 10 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed." SC-13.03.B CONTRACTOR shall employ and pay for the services of an independent testing laboratory acceptable to the OWNER and the ENGINEER to perform all inspections, tests, or approvals required by the Contract Documents except: 1. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.B of the General Conditions shall be paid as provided in said paragraph 13.04.B; and 2. as otherwise specifically provided in the Contract Documents. 14.02.B.5 In addition to reasons listed in G.C. 14.02.B.5.a through 14.02.B.5.d, the ENGINEER may refuse to recommend the whole or any part of any payment to the CONTRACTOR because liability for liquidated damages has been incurred by the CONTRACTOR. S.C.-14.05.A Add the following new paragraph immediately after paragraph 14.05.A.1 which is to read as follows: 2. OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER, ENGINEER will finalize the list of items to be completed or corrected and will deliver such lists to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed ENGINEER). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. Repair & Paint Countryview & Bluewater Tanks (2014) 00800-6 Job No. 41-459 SC-17.01 In addition to the provisions of paragraph 17.01 of the General Conditions, written Notice - tothe CONTRACTOR shall be deemed to have been given if delivered in person to the CONTRACTOR's authorized representative on the project site. END OF SECTION 00800 Repair & Paint Countryview & Bluewater Tanks (2014) 00800-7 Job No. 41-459 SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.1 1.2 1.3 1.4 1.5 WORK COVERED BY CONTRACT DOCUMENTS Work includes the repair, surface preparation and painting the 300,000 gallon Bluewater Tank and the 200,000 gallon Countryview Tank including erecting and maintaining a containment system. WORK SEQUENCE Work sequence shall generally be determined by the contractor. However, each tank is in a separate service area and both may be taken out of service simultaneously. CONTRACTOR'S USE OF PREMISES Contractor shall limit his use of the premises for work and for storage. Contractor shall coordinate use of premises under direction of Owner. Contractor shall assume full responsibility for the protection and safekeeping of products under this contract, stored on the site. Contractor shall move any stored products, under Contractor's control, which interfere with operations of the Owner. OWNER OCCUPANCY Owner will occupy the premises during the entire period of construction for the conduct of his normal operations. Cooperate with Owner's Representative in all construction operations to minimize conflict, and to facilitate Owner usage. SUBSTITUTION OF EQUIPMENT AND MATERIALS In the Plans and Specifications, certain equipment and materials are identified by manufacturer in order to establish the quality expected by the Owner and Engineer. Equipment of equal or better quality may be substituted for those named at the Contractor's option with the stipulations described below. If this equipment is subsequently Repair & Paint Countryview & Bluewater Tanks (2014) 01010-1 Job No. 41-459 disapproved, the Contractor shall resubmit until the equipment he proposes is approved. The Engineer shall be the final authority on equality. This substitution paragraph does not apply to those pieces of equipment identified by a manufacturer followed by the words "to match existing." Where equipment is identified by manufacturer, the first name appearing on the Plans is the name of the manufacturer around which the facility was designed. The second name is a manufacturer known to the Engineer to produce a similar piece of equipment of equal quality. As described above, the Contractor may choose to install another manufacturer's equipment. If the Contractor chooses to install any piece of equipment other than the first named, any modifications or additional components required to provide a complete and satisfactory installation shall be provided by the Contractor at no additional expense to the Owner. END OF SECTION 01010 Repair & Paint Countryview & Bluewater Tanks (2014) 01010 -2 Job No. 41-459 SECTION 01060 REGULATORY REQUIREMENTS PART 1 - GENERAL 1.1 DESCRIPTION A. Permits and Responsibilities. The Contractor shall, without additional expense to the Owner, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State and municipal laws, codes, ordinances and regulations, in connection with the prosecution of the Work. He shall take proper safety and health precautions to protect the Work, the workers, the public and the property of others. He shall also be responsible for all materials delivered and work performed until completion and acceptance of the Work, except for any completed unit of construction thereof which may heretofore have been accepted. END OF SECTION 01060 Repair & Paint Countryview & Bluewater Tanks (2014) Job No. 41-459 SECTION 1300 SUBMITTALS PART 1 - GENERAL 1.1 DESCRIPTION AND REQUIREMENTS A. Type of Submittals. This Section of the Specifications describes the procedures for submittals of Schedule of Submittals, Schedule of Construction, Insurance Certificates, List of Subcontractors, Anticipated Payment Schedules, Shop Drawings, Product Data, Samples, and miscellaneous work-related submittals. B. Related Work Specified Elsewhere: 1. Definitions and Additional Responsibilities of Parties: a. Section 00700: General Conditions b. — Section 00800: Supplementary Conditions. C. Submittal Contents. The submittal contents required are specified in each section and in this specification. D. Definitions. Submittals are categorized as follows: 1. Shop Drawings: a. Shop drawings shall include technical data, drawings, diagrams, performance curves, schedules, templates, patterns, reports, calculations, instructions, measurements and similar information as applicable to the specific item for which the shop drawing is prepared. b. Provide newly-prepared information, on reproducible sheets, with graphic information at accurate scale (except as otherwise indicated) or appropriate number of prints hereof, with name of preparer (firm name) indicated. The Contract Drawings shall not be traced or reproduced by any method for use as or in lieu of detail shop drawings. Show dimensions and note which are based on field measurement. Identify materials and products in the work shown. Indicate compliance with standards and special coordination requirements. Do not allow shop drawing copies without appropriate final "Action" markings by the Engineer to be used in connection with the Work. 2. Product Data: a. Product data includes standard printed information on materials, products and systems, not specially prepared for this project, other than the designation of selections from among available choices printed therein. Repair & Paint Countryview & Biuewater Tanks (2014) 01300-1 Job No. 41-459 b. Collect required data into one submittal for each unit of work or system, and clearly mark each copy to show which choices and options are applicable to project. Include manufacturer's standard printed recommendations for application and use, compliance with standards, application of labels and seals, notation of field measurements which have been checked, and special coordination requirements. c. Show all performance characteristics, capacities, clearances required, and wiring or piping diagrams. Supplement standard information to provide all information specifically applicable to work. 3. Samples: a. | Samples include both fabricated and unfabricated physical examples of materials, products and units of work, both as complete units and as smaller portions of units of work, either for limited visual inspection or (where indicated) for more detailed testing and analysis. b. Provide units identical with final condition of proposed materials or products for the work. Include "range" samples (not less than three (3) units) where unavoidable variations must be expected, and describe or identify variations between units of each set. Provide full set of optional samples where the Engineer's selection is required. Prepare samples to match the Engineer's sample where indicated. Include information with each sample to show generic description, source or product name and manufacturer, limitations, and compliance with standards. Samples are submitted for review and confirmation of "kind" by the Engineer. Engineer will not "test" samples (expect as otherwise indicated) for other requirements, which are the exclusive responsibility of the Contractor. c. | Samples shall be of sufficient size to clearly indicate functional characteristics of the products and full range of color, texture, and pattern. 4. Miscellaneous submittals related directly to the work (non-administrative) include warranties, maintenance agreements, workmanship bonds, project photographs, survey data and reports, physical work records, statements of applicability, quality testing and certifying reports, copies of industry standards, record drawings, field measurement data, operating and maintenance materials, and similar information, devices and materials applicable to the Work but not processed as shop drawings, product data or samples. E. List of Required Submittals: No. Description Section No. 1. List of Subcontractors 00100 2. Insurance Certificates 00700 3. Schedule of Construction 00700 5. Anticipated Payment Schedules 00700 6. Advertisement of Completion (Affidavit) 00800 7. Contractor’s Release of Liens 00800 Repair & Paint . Countryview & Bluewater Tanks (2014) 01300-2 Job No. 41-459 1.2 GENERAL SUBMITTAL REQUIREMENTS i D A. Scheduling. Where appropriate in various required administrative submittals (listings of products, manufacturers, supplier and subcontractors, and in job progress schedule), show principle work-related submittal requirements and time schedules for coordination and integration of submittal activity with related work in each instance. B. Coordination of Submittal Times. Prepare and transmit each submittal to the Engineer sufficiently in advance of performing related work or other applicable activities, so the installation will not be delayed or improperly sequenced by processing times, including non-approval and resubmittal (if required). Coordinate with other submittals, testing, purchasing, delivery and similar sequenced activities. No extension of time will be authorized because of Contractor's failure to transmit submittals to the Engineer sufficiently in advance of the work. C. Sequencing Requirements. As applicable in each instance, do not proceed with a unit of work until submittal procedures have been sequenced with related units of work, in a manner which will ensure that the action will not need to be later modified or rescinded by reason of a subsequent submittal which should have been processed earlier or concurrently for coordination. Preparation of Submittals. Provide permanent marking on each submittal to identify project, date, Contractor, subcontractor, submittal name and similar information to distinguish it from other submittals. Show Contractor's executed review and approval marking and provide space for the Engineer's "Action" marking. Package each submittal appropriately for transmittal and handling. Submittals which are received from sources other than through the Contractor's office will be returned “without action". E. Transmittal Identification. 1. | Number transmittals in sequence for each Division of the Specifications. The number before the dash indicates the Section of the Specifications, and the number after the dash is the sequence number of the transmittal (15140-1 would be the first transmittal applicable to Section 15140 of the Specifications. 15140-2 would be the second transmittal for Section 15140, etc.). 2. Identify resubmittals with a letter of the alphabet following the original number, using A for the first resubmittal, B for the second resubmittal, etc. A resubmittal affecting transmittal 15140-1 would then be numbered 15140-1A. The 15140-1 would then be entered in the space "Previous Transmittal Number", which is left blank except on resubmittals. 1.3 SPECIFIC CATEGORY REQUIREMENTS Repair & Paint Countryview & Bluewater Tanks (2014) 01300-3 Job No. 41-459 A. General. Except as otherwise indicated in the individual work sections, comply with general requirements specified herein for each indicated category of submittal. 1. Submittals shall be accompanied by a cover sheet which shall contain: The date of submission and the dates of any previous submissions. The Project title and number. Date. Contract No. The names of the: 1) Contractor 2) Supplier 3) Manufacturer Identification of the product, with the Specification Section number. A list of all the sheets included in the submittal. Field dimensions, clearly identified as such. Relation to adjacent or critical features of the work or materials. Applicable standards, such as ASTM or Federal Specification numbers. Notification to the Engineer in writing, at time of submission, of any deviations on the submittals from requirements of the Contract Documents. Identification of revisions on resubmittals. An 8" x 3" blank space for Contractor and Engineer stamps. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and of Contract Documents. o. Submittal sheets or drawings showing more than the particular item under consideration shall have all but the pertinent description of the item for which review is requested crossed out. . Pp Be sp wo Ege re Bog 1.4 CONTRACTOR RESPONSIBILITIES A. Inaddition to any other requirements of this section, the Contractor shall be responsible to: 1. Review shop drawings, product data and samples prior to submission. Determine and verify: a. Field measurements. b. Field construction criteria and required clearances. c. Catalog numbers and similar data. d. Conformance with specifications. 3. Coordinate each submittal with requirements of the work and of the Contract Documents. 4. Notify the Engineer in writing, at time of submission, of any deviations in the submittals from requirements of the Contract Documents. Repair & Paint Countryview & Bluewater Tanks (2014) 01300-4 Job No. 41-459 5. Begin no fabrication or work which requires submittals until return of submittals with Engineer approval. 1.5 ROUTING OF SUBMITTALS A. Submittals and routine correspondence shall be routed as follows: 1. Supplier to Contractor (through representative if applicable) for detailed review. Contractor to Consulting Engineer for review or comment. 3. Consulting Engineer to Contractor. 4. Contractor to Field Office and Supplier. 1.6 SUBMITTAL COPIES REQUIRED A. Shop Drawings, Product Data, and Miscellaneous Submittals. All released submittals will be distributed as follows: 1. For Polyengineering, Inc. 2. For Owner 3. For Contractor TOTAL 2 copies 2 copies 3 copies 7 copies B. To the above number may be added additional copies as required by the Contractor. C. The Engineer will mark all copies of each shop drawing. One will be retained in the Engineer's office, one sent to the Field Inspection office, one will be retained for the Owner and the remaining copies sent to the Contractor for his records and distribution. D. For non-approval items, such as parts lists, five (5) copies are required, unless specified otherwise: 1. For Polyengineering, Inc. File 2. For Owner Plant Maintenance Division File 3. | For Owner Operating Division File TOTAL E. Samples: 2 copies 2 copies 1 copy 5 copies 1. | Submittal. At Contractor's option, provide preliminary submittal of a single set of samples for the Engineer's review and "action." Otherwise, initial submittal is final submittal unless returned with "action" which requires resubmittal. Submit two (2) sets of samples in final submittal; one set will be returned. Repair & Paint Countryview & Bluewater Tanks (2014) 01300-5 Job No. 41-459 2. Quality Control Set. Maintain returned final set of samples at project site, in suitable condition and available for quality control comparisons by Engineer and by others. 1.7 REVIEW OF SUBMITTALS A. Review Time. Allow a minimum of two (2) weeks for the Engineer's initial processing of each submittal requiring review and response, except allow longer periods where processing must be delayed for coordination with subsequent submittals or when a sufficiently large number of submittals are sent during a short period. The Engineer will advise the Contractor promptly when it is determined that a submittal being processed must be delayed. Allow two weeks for reprocessing each submittal. Advise the Engineer on each submittal as to whether processing time is critical to progress of the work, and therefore the work would be expedited if processing time could be foreshortened. B. Engineer's Action. 1. Final Unrestricted Release. Work may proceed, provided it complies with contract documents, when submittal is returned with the following: a. Marking: "A" - No Exceptions Taken. Final-But-Restricted Release. Work may proceed, provided it complies with notations and corrections on submittal and with contract documents, when submittal is returned with the following: a. Marking: "B" - Exceptions Taken as Noted. Returned for Resubmittal. Do not proceed with Work. Revise submittal in accordance with notations thereon, and resubmit without delay to obtain a different action marking. Do not allow submittals with the following marking (or unmarked submittals where a marking is required) to be used in connection with performance of the work. a. Marking: "C" - Revise and resubmit. b. Marking: "D" - Rejected - Does Not Comply with Project Requirements. Only three (3) copies of items marked "C" or "D" will be reviewed and marked. One copy will be retained in the Polyengineering, Inc. office, one copy will be sent to the Polyengineering, Inc. field office, and the other copy with all remaining unmarked copies will be returned to the contractor for resubmittal. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION 01300 Repair & Paint Countryview & Bluewater Tanks (2014) 01300-6 Job No. 41-459 ‘SECTION 01700 CONTRACT CLOSEOUT PART 1 - GENERAL 1.1 DESCRIPTION A. Comply with requirements stated in General, Supplemental and Special Conditions and in Specifications for administrative procedures in closing out the work. B. Related requirements in other parts of the Project Manual: (1) Fiscal provisions, legal submittals and additional administrative requirements: General, Supplementary, and Special Conditions. C. Related requirements specified in other sections: (1) Section 01711: Cleanup 12 SUBSTANTIAL COMPLETION A. When Contractor considers the work is substantially complete, he shall submit to Engineer: (1) A written notice that the work, or designated portion thereof, is substantially complete. (2) A list of items to be completed or corrected. B. Within a reasonable time after receipt of such notice, Engineer will make an inspection to determine the status of completion. C. Should Engineer determine that the work is not substantially complete: (1) Engineer will promptly notify the Contractor in writing, giving the reasons therefor. (2) Contractor shall remedy the deficiencies in the work, and send a second written notice of substantial completion to the Engineer. (3) Engineer will reinspect the work. Repair & Paint : Countryview & Bluewater Tanks (2014) 01700-1 Job No. 41-459 Dz. When Engineer finds that the work is substantially complete, he will: (1) Prepare and deliver to Owner a tentative letter of Substantial Completion with a tentative list of items to be completed or corrected before final payment. (2) After consideration of any objections made by the Owner as provided in General, Supplemental and Special Conditions, and when Engineer considers the work substantially complete, he will execute and deliver to the Owner and the Contractor a definite Letter of Substantial Completion with a revised tentative list of items to be completed or corrected. 13 FINAL INSPECTION A. When Contractor considers the work is complete, he shall submit written certification that: (1) Contract Documents have been reviewed. (2) Work has been inspected for compliance with Contract Documents. (3) Work has been completed in accordance with Contract Documents. (4) Equipment and systems have been tested in the presence of the Owner's representative and are operational. (5) | Work is completed and ready for final inspection. B. Engineer will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. . C. Should Engineer consider that the work is incomplete or defective: (1) Engineer will promptly notify the Contractor in writing, listing the incomplete or defective work. (2) Contractor shall take immediate steps to remedy the stated deficiencies, and send a second written certification to Engineer that the work is complete. (3) Engineer will reinspect the work. D. When the Engineer finds that the work is acceptable under the Contract Documents, he shall request the Contractor to make closeout submittals and begin project Advertisement of Completion. Repair & Paint Countryview & Bluewater Tanks (2014) 01700-2 Job No. 41-459 14 | REINSPECTION FEES A. Should the Engineer perform reinspections due to failure of the work to comply with the claims of status of completion made by the Contractor: (1) | Owner will compensate Engineer for such additional services. (2) | Owner will deduct the amount of such compensation from the final payment to the Contractor. 1.5 = CONTRACTOR'S CLOSEOUT SUBMITTALS TO ENGINEER A. B. Repair & Paint Section 01720: Project Record Documents Warranties and Bonds as required, including a letter from the Surety Company giving consent of final payment and assuring the Owner that the Performance and Payment Bonds will remain in effect for at least one (1) year from the date final payment to the Contractor becomes due. Spare Parts and Maintenance Materials as required. Release of Liens - A certified letter from the Contractor to release and discharge the Owner, its officers, agents and employees of and from all liabilities, obligations, and claims under or arising out of said contract. Completed Operations Insurance -Contractor shall provide a signed statement agreeing to continue Commercial General Liability including Completed Operations and Product Liability coverage for two years following acceptance of project. Contractor will attach a Certificate of Insurance as evidence of such insurance and will provide Certificates in the future until the two-year period expires. Contractor's Advertisement of Completion - The Contractor immediately after being notified by the Engineer that all other requirements of his contract have been completed shall give notice of said completion by an advertisement for a period of 4 successive weeks in the Northwest Florida Daily News. Proof of publication of said notice shall be made by the Contractor to the Owner, by affidavit of the publisher and a printed copy of the published notice. Countryview & Bluewater Tanks (2014) 01700-3 Job No. 41-459 1.6 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final settlement of accounting to Engineer. B. Statement shall reflect all adjustments to the Contract Sum: (1) The Original Contract Sum. (2) Additions and deductions resulting from: (a) Previous Change Orders (b) Unit Prices (c) Deductions for uncorrected work (d) Penalties and Bonuses (e) Deductions for liquidated damages (f) Deductions for reinspection payments (g) Other adjustments (3) Total Contract Sum, as adjusted. (4) Previous Payments (5) Sum remaining due C. Engineer will prepare a final change order, reflecting approval adjustments to the Contract Sum which were not previously made by Change Orders. 1.7. FINAL APPLICATION FOR PAYMENT Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. Included in the Final Application For Payment shall be the affidavit of the Advertisement For Completion, Release of Liens, Proof of Completed Operations Insurance and Assurance Letter from Surety Company as outlined in Section 1.5 (A-F) above. Repair & Paint Countryview & Bluewater Tanks (2014) 01700-4 Job No. 41-459 ADVERTISEMENT OF COMPLETION (Contractor) (Address) give notice of completion of | (Project) and sets as the date of final settlement. All persons and firms should file all claims for payment to the below address prior to the settlement date: Okaloosa Board of County Commissioners, (Owner) c/o Polyengineering, Inc. P. O. Box 841 Shalimar, FL 32579 By: (Name) (Title) Leg: (Publication Dates) Repair & Paint Countryview & Bluewater Tanks (2014) 01700-5 Job No. 41-459 CONTRACTOR'S RELEASE OF LIENS STATE OF: COUNTY OF: Before me, the undersigned Notary Public in and for the said County and State personally appeared , representing the Contractor, , who being duly sworn according to law deposes and says that all labor, materials, and outstanding claims and indebtedness of whatever nature arising out of the performance of the Contract with Board of County Commissioners, Okaloosa County, FL, the Owner, for Contract No. have been paid in full and that for the final payment in the amount of $ , the Contractor releases and discharges the Owner and his authorized representatives from any liens or claims of any nature because of or arising from this contract and/or its performance, which it has had, has or may have in the future. By: Sworn to and subscribed before me this day of (Notary Public) My Commission expires Repair & Paint Countryview & Biuewater Tanks (2014) 01700-6 Job No. 41-459 [Date] Polyengineering, Inc PO Box 841 Shalimar, FL 32579 Reference: [Project Name] Dear [Engineer] , As required in the contract specifications, upon expiration of our current Certificate of Insurance, an additional copy will forwarded to you for your records. [Contractors Name] will maintain our insurance coverage in excess of two (2) years from completion. If you have questions or require additional information, please do not hesitate to call. END OF SECTION 01700 Repair & Paint Countryview & Bluewater Tanks (2014) 01700-7 Job No. 41-459 SECTION 01711 CLEANUP 1.1 GENERAL This section covers the general cleaning which the Contractor shall be required to perform both during construction and before final acceptance of the project unless otherwise shown on the Drawings or specified elsewhere in these Specifications. 1.2 HAZARD CONTROL A. The Contractor shal] prevent accumulation of wastes which create hazardous conditions. B. Burning or burying rubbish and waste materials on the site shall not be allowed. C. Disposal of volatile wastes into sanitary or storm sewers shall not be allowed. 1.3. DISPOSAL OF SURPLUS MATERIALS A. Unless otherwise shown on the Drawings, specified or directed, the Contractor shall dispose of all surplus excavated materials and equipment from demolition, legally off the site, and shall provide his own suitable, off-site spoil area, or on a site designated by the Owner. 14 FINAL CLEANING The Contractor shall: A. Remove from the site all plant, material, tools and equipment belonging to him, and leave the site with an appearance acceptable to the Engineer. B. The Contractor shall thoroughly clean all equipment materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new-appearing condition. C. Restoration of Landscape Damage. Any landscape feature scarred or damaged by the Contractor's equipment or operations shall be restored as nearly as possible to its original condition at the Contractor's expense. The Engineer will decide what method of restoration shall be used. Repair & Paint Countryview & Bluewater Tanks (2014) 01711-1 Job No. 41-459 Dz. Post-Construction Cleanup or Obliteration. The Contractor shall obliterate all signs of temporary construction facilities such as haul roads, work areas, structures, stockpiles of excess or waste materials, or any other vestiges of construction, as directed by the Engineer. END OF SECTION 01711 Repair & Paint Countryview & Bluewater Tanks (2014) 01711-2 Job No. 41-459 SECTION 01740 WARRANTIES AND BONDS PART 1 - GENERAL 1.1 PROJECT MAINTENANCE AND WARRANTY A. Maintain and keep in good repair the improvements covered by these Drawings and Specifications during the life of the Contract. B. Indemnify the Owner against any repairs which may become necessary to any part of the work performed and to items of equipment and systems procured for or furnished under this Contract, arising from defective workmanship or materials used therein, for a period of five (5) years after acceptance from the final date of final resolution of the Owner accepting work. C. The Contractor shall not be obligated to make replacements which become necessary because of ordinary wear and tear, or as a result of improper operation or maintenance, or as a result of improper work or damage by another Contractor or the Owner, or to perform any work which is normally performed by a maintenance crew during operation. In the event of multiple failures of major consequences prior to the expiration of the five-year warranty described above, the affected unit shall be disassembled, inspected, and modified or replaced as necessary to prevent further occurrences. All related components which may have been damaged or rendered non- serviceable as a consequence of the failure shall be replaced. As used herein, multiple failures shall be interpreted to mean two (2) or more successive failures of the same kind in the same item or failures of the same kind in two (2) or more items. Major failures may include, but are not limited to, cracked or broken housings, piping, or vessels, excessive deflections, bent or broken shafts, broken or chipped gear teeth, premature bearing failure, excessive wear, or excessive leakage around seals. Failures which are directly and clearly traceable to operator abuse, such as operations in conflict with published operating procedures, or improper maintenance, such as substitution of unauthorized replacement parts, use of incorrect lubricants or chemicals, flagrant over- or under-lubrication, and using maintenance procedures not conforming with published maintenance instructions, shall be exempted from the scope of the one-year warranty. Should multiple failures occur in a given time, all products of the same size and type shall be disassembled, inspected, modified or replaced, as necessary and rewarranted for one year. E. The Contractor shall, at his own expense, furnish all labor, materials, tools and Repair & Paint Countryview & Bluewater Tanks (2014) 01740-1 Job No. 41-459 mH HH HEHE eH H EE lUEmElUMDlUlU EelCU Eel eelCeeelCUmeeee CU 0 equipment required and shall make such repairs and removals or shall perform such work or reconstruction as may be made necessary by any structural or functional defect or failure resulting from neglect, faulty workmanship or faulty materials, in any part of the Work performed by him. Such repair shall also include refilling of trenches, excavations or embankments which show settlement or erosion after backfilling or placement. Except as noted on the Drawings or as specified, all structures such as embankments and fences shall be returned to their original condition prior to the completion of the Contract. Any and all damage to any facility not designated for removal, resulting from the Contractor's operations, shall be promptly repaired by the Contractor at no cost to the Owner. In the event the Contractor fails to proceed to remedy the defects of which he has been notified within fifteen (15) days of the date of such notice, the Owner reserves the right to cause the required materials to be procured and the work to be done, as described in the Drawings and Specifications, and to hold the Contractor and the sureties on his bond liable for the cost and expense thereof. Notice to Contractor for repairs and reconstruction will be made in the form of a registered letter addressed to the Contractor at his home office. Neither the foregoing paragraphs nor any provision in the Contract Documents, nor any special guarantee time limit implies any limitation of the Contractor's liability with the law of the place of construction. END OF SECTION 01740 Repair & Paint Countryview & Bluewater Tanks (2014) 01740-2 , Job No. 41-459 SECTION 09870 REPAIRING AND REPAINTING WATER TANKS PART 1 - GENERAL 1.1. SECTION INCLUDES Blasting, cleaning, repairing, and painting the Countryview and Bluewater Water Storage Tanks. 1.2 RELATED SECTIONS Section 01300 - Submittals 1.3. PROJECT CONDITIONS A General Arrangement Drawings and Site Plans (See Appendix) of the two tanks to be painted are included for the Contractor’s convenience and is intended to depict the tanks’ dimensions. This information should be correlated with field observations prior to submitting a bid. 14 SUBMITTALS A. Work Schedule With the following minimum information prepared for the Northgate Tank work site: Mobilization and rigging Begin repairs Complete repairs Blast and paint wet surfaces Blast and paint exterior surfaces Disinfection Clean-up and Demobilization. NAW SEWN B. Supplier, type and size of abrasive to be used with Material Safety Data Sheets (MSDS). C. Material Safety Data Sheets (MSDS) for all coatings, sealers and chemicals used and Certificate of Compliance with ANSI/NSF Standard 61 for all coatings and sealers in contact with potable water. Repair & Paint 009870 - 1 Countryview & Bluewater Tanks (2014) Job No. 41-459 D. Description of proposed method of containing the cleaning debris and paint droplets. E. Descriptive written plan concerning how abrasive and/or paint damage to automobile, boats and property will be handled, including a process for quick removal of the abrasive or paint. F. Evidence or documentation submitted to verify that the employees have had sufficient training and experience in industrial painting, safety practices, worker protection, environmental monitoring, and waste handling procedures to adequately perform the responsibilities contained in these specifications G. Welder’s certification papers 1.5 QUALITY ASSURANCE A. Applicable Standards 1. Welding a. All design and welding shall be done in accordance with AWWA D100-05, Standard for Welded Steel Tanks for Water Storage. Where tolerances and stresses are not limited by the AWWA Standard, the applicable sections of the July 1993 revision of the American Petroleum Institute (API) Standard 650 shall apply. All welders and welding operators shall be certified to the procedures and processes required to accomplish the work. 2. Repairs, Surface Preparation, and Painting a. Repair & Paint Repairs shall be made in accordance with American Water Works Association Standard (AWWA) D101-97 and applicable section of AWWA D100-96. All blasting and painting operations shall be completed in accordance with the requirements of the Steel Structures Painting Council (SSPC) Volume 1 and Volume 2, including Commentary Sections and Appendices; AWWA 652-92; the NSF International Standard 61, "Drinking Water System Components - Health Effects"; the paint manufacturer's published product data; and these Specifications. The SSPC "Visual for Abrasive Blast Cleaned Steel" SSPC-VIS 1-89 and the SSPC "Visual Standard for Power and Hand-Tool Cleaned Steel" SSPC-VIS 3-93 shall also be used taking into account staining from previous paint applications. Coatings shall be in accordance with AWWA D102-11, Coating Steel Water- Storage Tanks. All coatings shall be acceptable to the controlling state, federal, and/or local health and environmental regulatory agencies. 009870 - 2 Countryview & Bluewater Tanks (2014) Job No. 41-459 f. All interior coating materials, solvents, and other additives shall comply with the ANSI/NSF Standard 61 "Drinking Water System Components - Health Effects." g. Paints which contain more than 0.06% by weight of lead (or any lead compounds) shall not be used. The CONTRACTOR shall submit documentation from the coating manufacturer stating that their paints are in compliance with this requirement in addition to other requirements of these Specifications. h. Where the foregoing standards, recommendations and specifications are conflicting, the ENGINEER shall be notified of the conflicts. Manufacturer's published product data shall be adhered to unless changed in writing by the manufacturer. 3. Other ANSI Z49.1, "Safety in Welding and Cutting" OSHA Regulations, 29 CFR 1910.146: Permit - Required confined spaces AWWA C652-92, Disinfection of Water Storage Facilities SSPC Guide 6, Guide for Containing Debris Generated During Paint Removal Operations ao op 16 SUPERVISOR A. The CONTRACTOR shall provide a competent superintendent, satisfactory to the OWNER, for the Work at all times during working hours with full authority to act for him/her. B. The CONTRACTOR shall also provide an adequate staff for the proper coordination and expedition of his/her Work. Should, in the opinion of the OWNER, any language barrier exist between the on-site superintendent and the OWNER or ENGINEER, the CONTRACTOR shall employ a qualified full-time interpreter or provide a new on-site superintendent at no additional cost to the OWNER. 1.7 SAFETY REQUIREMENTS A. The CONTRACTOR shall comply with all applicable requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596) and will hold the OWNER and ENGINEER harmless from any civil or criminal penalties imposed as a result of the CONTRACTOR'S noncompliance with such requirements. No additional compensations for changes in the laws, regulations, or the interpretation thereof shall be granted by the OWNER. B. The CONTRACTOR shall comply with and have documented Confined Entry Space Repair & Paint 009870 - 3 Countryview & Bluewater Tanks (2014) Job No. 41-459 Procedures available at the tank site at all times as required by OSHA 29 CFR 1910.146. The CONTRACTOR shall also comply with any state and/or local requirements which are more restrictive than the federal requirements. The CONTRACTOR shall provide adequate worker protection when welding and flame cutting as required by ANSI Z49.1, “Safety in Welding and Cutting”. All rigging attachments present on the tank shall be carefully evaluated by the CONTRACTOR immediately prior to use for the type and magnitude of loads which CONTRACTOR intends to impose on them. The CONTRACTOR assumes all responsibility for use of any existing or added attachments. 1.8 WASTE DISPOSAL A. Repair & Paint 009870 - 4 Countryview & Bluewater Tanks (2014) Waste material generated by abrasive blasting operations is a solid waste and shall be handled in the following order: Contained Collected Stored Evaluated Properly disposed wPwn > Compliance with local, state, and federal regulations concerning emissions, transportation or disposal of solid, particulate, liquid, or gaseous matter as a result of the cleaning, painting, or other operations under this Agreement shall be the responsibility of the CONTRACTOR. This compliance shall be accomplished without supervision from the OWNER, ENGINEER, or other direct or indirect agents of the OWNER. No additional compensations for changes in the laws, regulations, or other interpretation thereof shall be granted by the OWNER. No burning of trash (including abrasive bags or other paper or wood products) on the site shall be permitted. All shielding, abrasive retrieval, or other methods of using precautions required by the regulating agencies shall also be accomplished at no additional cost to the OWNER unless otherwise provided herein. Any fines imposed on the OWNER or ENGINEER by any regulatory agency as a result of the CONTRACTOR'S noncompliance with environmental or nuisance regulations shall be paid or reimbursed by the CONTRACTOR. Debris Collection: 1. All debris collected by this operation, removed from equipment or filters, or that has fallen to the ground shall be collected and stored at the tank site for testing, Job No. 41-459 evaluation and ultimate disposal. 1. Acentralized cleaning station for recyclable steel grit shall be set up at a location mutually agreed upon by the OWNER, CONTRACTOR and ENGINEER. 2. Storage for debris shall be in covered steel containers. Containers shall be parked, secured and stored on wooden 6" x 6" timbers so containers are NOT in contact with the ground. 3. Chain of Custody: a. b. Follow all local, state and federal regulations A Chain of Custody Form must accompany all composite samples. Included in this document shall be the name of the person taking the sample, the Company for which he works, the date and time which the sample was taken, the tank from which it was taken, the Township and Municipality where the tank is located and signatures of all persons involved in the Chain of Custody, including dates possessed and relinquished. F. Hazardous Waste - Sampling and Testing: 1. The Contractor shall hire a Florida state licensed disposal company to collect at least four (4) random representative samples of the paint debris from each container in accordance with USEPA and/or local regulations in the presence of the Engineer and the Contractor. a. Repair & Paint Each separate sample shall contain at least 100 grams (approximately one cup) and shall be transported to an approved testing laboratory in accordance with all laws and regulations. The purpose of gathering these samples is to perform on each sample all necessary testing, such as Toxicity Characteristic Leaching Procedure Testing (TCLP Testing), or subsequent testing required by the Resource Conservation and Recovery Act (RCRA) or local and state regulations, to determine proper treatment and/or disposal requirements. All testing required by regulations or by the selected waste hauler or landfill, including any follow-up testing and the collection of the samples, shall be done at the Contractor’s expense. The number of samples from each container will be determined by the degree of variation of the results of the four (4) initial samples. Copies of all manifests, testing results and treatment procedure documents shall be sent to the Engineer and Owner. Should the results of the random testing of the contents of a container determine that the removed paint material does not constitute a hazardous material, the material shall be legally disposed of by the Contractor in accordance with local, state and federal laws. The Contractor shall be responsible for removing and properly transporting all the material from the project site. The material shall be transported in containers approved by the USEPA and local, state and federal regulations. The contract Base Bid shall include the cost of the transporting of the removed paint material to a non-hazardous waste landfill or other stipulated landfill and any disposal costs at that facility. 009870 - 5 Countryview & Bluewater Tanks (2014) Job No. 41-459 Repair & Paint Countryview & Bluewater Tanks (2014) Job No. 41-459 Should the results of the random testing of the contents of a container determine that the removed paint material does in fact constitute a hazardous material, the material must either be: 1) treated by an approved method to reduce the leachable concentration levels to below the regulatory limits and disposed of in accordance with all local and/or state regulations; or 2) recycled and used as a raw material in a product approved by the appropriate regulatory agencies; and disposed of in a hazardous waste landfill. Disposal, treatment or recycling of the material shall be in strict accordance with the federal, state and local laws including, but not limited to RCRA, Toxic Substance Control Act (TSCA), Hazardous Materials Transportation Act (HMTA), USEPA and Florida Department of Environmental Protection (FDEP) regulations. All costs associated with the recycling, or treatment or disposal in an approved recycling or hazardous waste facility shall be paid for by the Owner. The hauler shall obtain the necessary insurance and the necessary permits for transportation and shall provide evidence of such to the Engineer and Owner. If the sample material obtained and tested as described above is determined to be a hazardous material according to the TCLP testing or subsequent testing required by RCRA, the Contractor shall delete the standard disposal for the removed paint residue from the Base Bid. 1) Included under this item is the furnishing of all materials, equipment, tools, utilities, labor, and supervision necessary for the completion of the work contained in this item in accordance with the drawings and specifications. The item generally includes the recycling, or treatment and transporting and deposition of all hazardous removed paint material in an approved recycling facility or disposal site, including obtaining all the necessary insurance and the necessary permits for transportation and providing evidence of such to the Engineer and Owner. 2) Transportation: a) All material classified as hazardous, as determined by the aforementioned TCLP Testing or subsequent testing required by RCRA, shall be transported to an approved recycling facility or hazardous waste landfill. b) The hauler shall obtain the necessary insurance and the necessary permits for transportation and shall provide evidence of such to the additional insureds listed elsewhere in this Specification. c) The transporter shall submit copies of his/her "Spill Contingency Plan" to the Engineer and Owner prior to transporting any 009870 - 6 material from the site. The "Spill Contingency Plan" shall detail how spills or leaks which occur during transport shall be dealt with. d) The hauler shall have or shall obtain an identification number from the USEPA, the Florida Department of Environmental Protection (FDEP) and all other applicable state and local licenses and permits. e) All containers and the labeling of the containers shall adhere to the U.S. Department of Transportation's regulations (49 CFR Part 172) and the HMTA. G. Disposal of Material: 1. Repair & Paint Countryview & Bluewater Tanks (2014) All material classified as hazardous, as determined by the aforementioned TCLP testing or subsequent testing required by RCRA, shall be transported to: a. An approved recycling facility, or b. An approved treatment facility to reduce the leachable concentration levels to below the allowable regulatory limits and disposed in a local and/or state approved waste landfill. ° All transporting, recycling, treatment, and disposal shall be in strict accordance with federal and state laws including but not limited to RCRA, TSCA, HMTA, the USEPA and the FDEP regulations. a. The name of the recycling, treatment and/or disposal facility shall be submitted to the Engineer and Owner for approval prior to removing any material from the project site. b. The disposal or recycling facility shall have or shall obtain an identification number from the USEPA, the Florida Department of Environmental Protection (FDEP) and all other applicable state and local licenses and permits. c. The Contractor shall be responsible for obtaining the proper signatures of the hauler and designated receiving facility on the "manifest" form. d. Payment will not be released for this item until this documentation has been received by the Owner. Payment : a. All costs associated with the transporting, recycling of the material or treatment, and disposal of the material in an approved hazardous waste facility shall be paid for by the Owner. The Contractor shall still keep the exterior and interior removed paint debris separate from each other and shall store the debris in separate leak-proof covered containers. b. Within 20 days of the Owner contacting the Contractor, the Owner shall furnish and deliver to the site containers for transporting the hazardous material. 009870 - 7 Job No. 41-459 The Contractor shall then fill the containers with the hazardous material. The Owner shall then be responsible for the transporting and recycling of the material or treatment and/or disposal of the material in an approved hazardous waste facility. 1.9 HOURS OF OPERATION No repairing, cleaning or painting is to be done in the night period between sunset and sunrise. Further, blasting operations or any other operation that requires power equipment shall be limited to 8 AM - 6 PM (local time) on Saturday and 9 AM - 6 PM (local time) on Sunday. The times for Work shall also comply with local, state, and federal regulations and laws regarding working hours, overtime, etc. County ordinances shall be adhered to regarding noise and interference to surrounding property owners. If temperatures and weather conditions warrant nighttime work, a written request to the OWNER and ENGINEER shall be approved prior to any work being initiated. 1.10 EMERGENCY INFORMATION A. The CONTRACTOR shall post information concerning emergency medical, fire, rescue and hazardous waste phone numbers from which personnel on the site can obtain information if needed. B. The emergency information shall be posted a central position, located so it is visible and accessible twenty-four (24) hours a day for the entire length of time that the CONTRACTOR is performing Work at the tank site. PART 2 - PRODUCTS 2.1 BLAST ABRASIVE A. General 1. All of the abrasives shall be steel grit (size 50-80). 2. The abrasive shall be properly stored, and it shall be free from contaminant, including but not limited to paint, dirt, moisture, oil, or chlorides, which can cause premature failure of the coating. 3. Use of abrasive on the exterior of the tank shall be based not only on its compliance with the technical application of the coatings, but also on its lack of nuisance to surrounding property. 4. The CONTRACTOR shall submit manufacturer's published product data sheets Repair & Paint 009870 - 8 Countryview & Bluewater Tanks (2014) Job No. 41-459 for the type of abrasive, grade, and the resulting profile of the abrasive to be used to the ENGINEER for approval prior to the start of any cleaning operations. 2.2. COATINGS A. All coatings for the job shall be obtained from a single approved coatings manufacturer. Products proposed for use, other than those specified, must be submitted in writing at least 10 days before the bid date. Proposal shall include product data sheets, MSDS sheets, performance criteria as listed in Section 3.12 of these specifications as well as a list of a minimum of 15 tanks (including location, Engineer’s name and phone number, Owner name and phone number) which have utilized the proposed coating system. References shall have rendered satisfactory service for at least 5 years. It is incumbent upon the proposer to prove that the materials submitted meet the generic type as well as the performance requirements established in these specifications. B. Coatings shall be manufactured by the following approved manufacturer: Tnemec Company Incorporated C. Thinners shall be as recommended by the approved coating manufacturer. D. All materials shall be furnished new and delivered to the project site in the original factory sealed containers which are clearly and properly labeled by the coating manufacturer showing the manufacturer’s name, product number, type of coating, batch number and expiration date. E. The materials shall be stored, handled and used in accordance with all manufacturers’ published product data, including all requirements listed on the Material Safety Data Sheets (MSDS). F. Coating Systems 1. Except as modified herein, all coating systems shall comply with the following: a. AWWAD102-06 Outside Coating System No. 4 (OCS-4-modified): Generic Description - A four-coat system comprised of a zinc-rich primer, one polyamidoamine epoxy and one aliphatic urethane intermediate coat, and a fluoro-urethane finish coat. All replacement parts (ladders, hatches, etc.) shall have a five-coat system with the addition of a shop-applied zinc-rich primer to the above described system. b. AWWA D102-11 Inside Coating System No. 3 (ICS-3, Modified): Generic Description - A two coat system consisting of an organic zinc-rich primer, with a 100% solids, fast setting, epoxy lining. Replacement ladder shall have Repair & Paint 009870 -9 Countryview & Bluewater Tanks (2014) Job No. 41-459 2.3 2.4 2.5 2.6 a three coat system with the addition of a shop-applied zinc-rich primer to the above described system. c. All coatings and coating systems in contact with potable water shall comply with ANSI/NSF, International Standard 61. d. Table 1 in the Appendix has been included to summarize the coatings. This quick reference is included for the contractor’s convenience, but is not intended to supersede the technical specifications. ELASTOMERIC SEALANT A. Elastomeric Sealant shall be an NSF approved, one part polyurethane sealant. Product shall be SIKAFLEX-1 as manufactured by SIKA Corporation. SEAM SEALER & SURFACER A. Seam sealer and surfacer shall be an NSF 61 approved solventless epoxy seam sealer and shall be Tnemec 215 Surfacer. The seam sealer and surfacer shall be recommended by the manufacturer of the interior paint system. DEGREASING AGENT A. A degreasing agent such as Great Lakes Extra Muscle Pre-Paint Cleaner or approved equal shall be used for the pre-inspection washouts as required, if applicable to project. MATERIAL SAFETY DATA SHEETS (MSDS) A. An MSDS shall be posted at the job site for each chemical product on the job site including, but not limited to, coatings, thinners, solvents, disinfecting agents, abrasives, welding materials, and flexible sealant material. B. AnMSDS for each chemical product on the job site shall also be submitted to the ENGINEER prior to starting any work. PART 3 - REPAIRING AND REPAINTING THE TANK 3.1 PRELIMINARIES A. The CONTRACTOR shall notify the OWNER and the ENGINEER at least seven (7) days before starting the Work at the site. The CONTRACTOR shall reconfirm the commencement of Work with the OWNER and ENGINEER twenty-four (24) hours prior to starting Work at the site. B. The tank shall be drained during all cleaning, painting and curing of the coatings. Repair & Paint 009870 - 10 Countryview & Bluewater Tanks (2014) Job No. 41-459 C. All operations which would include closing valves, or starting, stopping, or removal from service any equipment shall be done by the OWNER'S personnel upon request by the CONTRACTOR. D. The CONTRACTOR shall provide a representative who shall contact and distribute notices to the surrounding properties in the vicinity of the project site. The purpose of this notification procedure is to inform the neighbors and businesses of the ensuing cleaning and painting operations and to establish a good working relationship with the surrounding property owners and occupants whose property may be affected by the cleaning and painting operations of the CONTRACTOR E. Protection of Equipment and Cabinets 1. All electrical apparatus, telemetering and other equipment in or on the tank, including all wiring, shall be protected from all damage and dust or other deleterious material infiltration during the operations of the CONTRACTOR. 2. Any antennas on the roof of the tank shall also be protected from damage. The operation of the equipment shall be continued during the repair, cleaning and painting operations. 3. Any items damaged by the operations of the CONTRACTOR shall be replaced in kind or acceptably repaired by the CONTRACTOR at no cost to the OWNER. 4. Before cleaning on any portion of the tank, all cabinets on the site shall be covered to prevent the entry of blasting abrasive, dust or paint and so they can continue to function as required. 5. Any cabinets which cannot be covered will be marked by the OWNER. The covering shall be removed from the cabinets while the cabinets are cleaned, painted, and the coating cures in accordance with the exterior painting section of these specifications. 6. Any blasting, cleaning or paint debris inside these cabinets shall be removed by the CONTRACTOR prior to completion of the Work. F, Nameplates 1. The nameplates shall be carefully removed to prevent paint coverage. The areas behind the nameplates shall be cleaned and painted in accordance with section 3.05 of this specification. Repair & Paint 009870 - 11 Countryview & Bluewater Tanks (2014) Job No. 41-459 The nameplates shall be protected from the application of paint on the exposed surface. Any paint on the nameplate shall be removed by solvent cleaning or other methods which will not damage the surface of the nameplate. _The nameplates shall be bolted back on the mounting brackets with stainless steel stove bolts and nuts. G. Conduit and Cables 1. Cables, conduit, and conduit clamps shall be relocated as necessary to effect proper surface preparation and coating. The cables, conduit, and conduit clamps along or near ladders shall be repositioned prior to the cleaning and painting being sure to provide a minimum clear spacing of 3" between the cables or conduit and the ladder side rails so as not to interfere with the climber. H. Interior Rigging Openings 1. Suitable threaded outlets shall be installed in the roof of the tank for the attachment of paint rigging. The threaded outlets shall be a Phoenix #132 heavy tank flange. The flanges shall be welded on both the inside and outside of the tank with a continuous fillet weld. Galvanized malleable iron pipe plugs shall be furnished and installed after the completion of the painting. The threads on the plugs shall be covered with Teflon tape prior to threading into the couplings. The couplings shall be installed in sufficient number and placement so as to allow complete and proper cleaning and painting of the shell and roof surfaces of the tank. I. Inter-coat Cleaning 1. 2. Repair & Paint Countryview & Bluewater Tanks (2014) Residue or foreign matter on applied coatings to receive subsequent coats shall be cleaned by pressure rinse. Determination of the need for inter-coat cleaning shall be made by the ENGINEER and OWNER. Inter-coat cleanliness shall be determined by wiping with clean white rags, determination of pH, chlorides or other suitable test, depending on circumstances. Pressure cleaning when required between coats of coating material are the CONTRACTOR’S responsibility. 009870 - 12 Job No. 41-459 3.2. ELECTRICAL SYSTEM SAFETY A. The CONTRACTOR shall at a minimum take the following safety measures to prevent accidents due to electrical hazards: 1. Electric Service Deactivation: a. The OWNER shall deactivate and lock out the electric service to the tank. b. The CONTRACTOR shall verify the deactivated status of the electric service to the tank prior to beginning each day's Work functions and throughout the work day. c. The verification of the electric service deactivation is the sole responsibility of the CONTRACTOR and shall be accomplished without supervision from the OWNER, ENGINEER, or other direct or indirect agents of the OWNER. 2. Electric Service Wiring a. The CONTRACTOR shall be aware of the electric service wiring attached to and located adjacent to the tank. b. The OWNER shall relocate, deactivate, or provide necessary electric shock hazard protective devices to prevent exposure of workers and/or equipment to electric shock hazards. c. The CONTRACTOR shall verify that there is sufficient electric shock hazard protection for the workers and equipment prior to and throughout each working period on the job. d. The verification of the electric shock hazard protection is the sole responsibility of the CONTRACTOR and shall be accomplished without supervision from the OWNER, ENGINEER, or other direct or indirect agents of the OWNER. 3.3 CONTAINMENT SYSTEM A. The CONTRACTOR shall design and provide a containment system for the capture, containment, collection, storage and disposal of the waste materials generated by the work under this specification Section, to meet the requirements of SSPC Guide 6, Class 3 and this specification. B. The Containment Enclosure shall be at minimum as follows: Repair & Paint 009870 - 13 Countryview & Bluewater Tanks (2014) Job No. 41-459 Repair & Paint 009870 - 14 Countryview & Bluewater Tanks (2014) 1. A retractable enclosure to completely surround (around and under) the blasting, priming and coating operations. The ground cannot be used as the bottom of the enclosure unless completely covered with suitable containment material that retains 100% of the residue. 2 Constructed of flexible materials such as containment screens (specifically designed for this purpose). The floor may be containment screening or of rigid materials such as overlapping plywood fastened in place. Maintained free of tears, cuts or holes. 4. Have seams overlapped a minimum of 6" and fastened together at 12" centers or fastened and overlapped in a manner that insures a tight seal which does not allow openings between the screens in the containment. With sides extending past the top of and enclose the roof of the tank. 6. With a top bonnet capable of containing dust, debris and coating materials being removed. 7. Retractable or moveable in a carousel fashion such that: a. Lowering shall require no more than 10 minutes b. Raising shall require no more than 15 minutes. iv) ws It is the CONTRACTOR’S responsibility to insure the feasibility and workability of the containment system. The CONTRACTOR shall ensure that no cleaning/blasting debris, overspray or coating droplets escape to the atmosphere. The ground surrounding the tank shall be protected from all debris and other materials generated in the cleaning operations. The CONTRACTOR shall be responsible for all materials that are used and for any apparatus used to contain debris, overspray, and coating droplets. The CONTRACTOR shall perform his operations and work schedule in a manner as to minimize leakage of the containment system. The containment system shall be properly maintained and shall not deviate from the approved drawings, without the ENGINEER’S approval. If at any time during the execution of the work, the containment system fails to function satisfactorily, the OWNER reserves the right to stop work and the CONTRACTOR suspend all operations, except those required to minimize adverse impact on the environment or property. Operations shall not resume until modifications have been made to correct the cause of failure. Modifications shall be approved by the ENGINEER. The OWNER further reserves the right to stop work or to require additional or different enclosure methods, if the CONTRACTOR’S operations create a nuisance beyond the tank site property line in the sole opinion of the OWNER, the ENGINEER, the OWNER’S designated representative, any regulatory agency, or neighbor. Job No. 41-459 H. The containment system and all accompanying support brackets and rigging shall be designed by a professional engineer and appropriately signed and sealed per applicable rules and regulations. A professional engineer registered in the State of Florida shall provide a statement that the containment system will not exceed the structural loading capacity of the tank when fully erect. I. The containment system utilized on the tank shall be designed not to impose excessive loading on the tank, tower and tank appurtenances. Any damage done to the tank or tower as a direct or indirect result of the enclosure system shall be repaired by the CONTRACTOR at no additional cost to the OWNER. Neither the ENGINEER nor the OWNER assume any responsibility for the structural ability of the tank and tower to support the enclosure system. J. All equipment shall be parked on ground covers free of cuts, tears or holes to prevent contamination of pavement or soil and to protect area under and around equipment. K. If tarps are used as part of the enclosure, the tarps shall be an impervious, solid, flame- resistant material, reinforced with a fiber mesh and shall allow as much light as possible to pass through the material. L. The existing paint being removed from the tank may contain lead and chromium. The CONTRACTOR shall bear all responsibility to assure that workers take proper safety precautions when working in a lead and chromium abatement environment. M. Dust Collectors - Air Filtration Units: 1. Furnish and use a dust collector(s) during all blasting work. 2. Units to be equal in filtration capacity to Eagle Industries dust collectors. Other units may be approved as equal, but their substitution will be evaluated on efficiency at 0.5 micron size and airflow movement. Unit shall be 40,000 cfm minimum. Furnish HEPA filters for dust collection. Number of dust collectors shall be sufficient to supply a 50 ft/minute downward draft at most areas. An average may be considered. Determination of actual containment plan will be the deciding factor. Calculations of airflow shall be included in the containment submittal. 6. CONTRACTOR shall use only new filters or filters that are certified clean. N. All costs of providing the containment system (including air filtration) shall be included by the CONTRACTOR in the Base Bid. we w& 3.5 REPAIRING THE TANKS Repair & Paint 009870 - 15 Countryview & Bluewater Tanks (2014) Job No. 41-459 A. Grout Repair 1. The grout which is between the base plates and the concrete foundations shall be tested by the CONTRACTOR under the observation of the ENGINEER by using a sharp 16 oz. hammer. Any missing or loosened portions of grout shall be replaced with a non-shrinking, non-staining, high-strength structural grout material. The final contour of the grout shall be vertical and flush with the edge of the base plates, and shall not overlap outside the edge of the base plates. After the grout has hardened sufficiently for the application of a curing compound, a water-based curing compound shall be applied to the exposed grout surfaces. After cleaning and painting, any separation between the base plates and the grout greater than 1/32" and less than 5/32" shall be filled with elastomeric sealant. B. Welding Repairs 1. Repair & Paint “Countryview & Bluewater Tanks (2014) All welding repairs to the interior or exterior of the tank are to be made prior to all painting operations. No welding or flame cutting through the existing coating system shall be permitted, unless adequate worker protection is provided in accordance with the instructions in ANSI Z49.1, "Safety in Welding and Cutting." Any resulting burrs, weld spatter, sharp edges, corners, or rough welds which would cause difficulty in applying a holiday-free coating shall be ground smooth. This grinding is considered incidental to the welding work and is to be included in the Base Bid. After grinding, these areas shall be cleaned to produce the profile recommended by the manufacturer of the coating system. Cleaning Areas To Be Welded a. It shall be necessary to remove the coating prior to the welding of any new items to the tank. b. All areas that have been welded and/or ground smooth shall be cleaned prior to painting to provide proper profile for the coating system. c. Areas to be welded shall be welded prior to the final cleaning and painting of surfaces within the heat-affected zone. The heat-affected zone includes the opposite side of the plate or member being welded. Even if not specifically 009870 - 16 Job No. 41-459 mentioned as a part of the Work under this Agreement, those areas of paint or coatings in the heat-affected zone of areas not specified to be painted shall be cleaned and painted in accordance with the requirements listed in these Detailed Technical Specifications. C. Pit Filling 1. After an area of steel is abrasive blast cleaned, any pits, rough areas or seams marked for pit filling or surfacing by the ENGINEER shall be filled with solventless polyamide epoxy seam sealer of the type recommended by the supplier of the interior paint system. The epoxy seam sealer shall be applied neatly and smoothly to the steel surfaces and any rough areas of the seam sealer shall be sanded smooth prior to the application of the coating system. 2. The CONTRACTOR shall include in his base bid two gallons of pit filler. D. Seam/Seal Welding 1. All areas of apparent seam deterioration shall be abrasive blast cleaned, and any seam corrosion or undercut marked by the Engineer shall be repaired by arc- gouging and welding. 2. The number of linear feet of seam welding shall be paid for by the unit price as listed in the Bid Proposal. E. Handrail Addition (in base bid - both tanks) Fabricate and install a handrail on the exterior of the access tube at the top of both tanks as depicted in the detailed drawing in the Appendix. Depicted on side of access tube, but final location (access tube or top of tank) to be determined by OWNER at time of installation. An additional coat of zinc-rich primer shall be shop-applied to all replacement parts. G. Tank Vent (separate bid item - Bluewater Tank only) Replace tank vent with 24" Pressure Vacuum Vent as manufactured by Newlin’s Welding and Tank Maintenance (Montezuma, IN - Phone No. (765) 245-2741) K. Roof Manway (separate bid item - both tanks) Replace existing 24" roof manway with new 30" roof manway as manufactured by Newlin’s Welding and Tank Maintenance (Montezuma, IN - Phone No. (765) 245- Repair & Paint 009870 - 17 Countryview & Bluewater Tanks (2014) Job No. 41-459 2741). Details included in Appendix. An additional coat of zinc-rich primer shall be shop-applied to all replacement parts. L. Target (in base bid - both tanks) Remove and dispose of existing target, brackets and any associated appurtenances and seal all penetrations by welding, as applicable, before commencing blasting and painting operations. M. Existing Transducer and New Conduit (in base bid — both tanks) Remove existing transducer and cable under supervision of OWNER’s SCADA personnel. Install new rigid galvanized conduit from existing transducer tap to RTU panel, routing down through dry riser. Transducer and cable to be re-installed at later date by others. Details for conduit in Electrical Drawings in Appendix. N. Countryview Tank Repairs (in base bid) 1. Replace dry riser entrance door hinges and weatherstrip around door to prevent entrance by insects. 2. Replace screens on vent and dry riser vents. O. Bluewater Tank Repairs (separate bid item) Replace screened end of overflow pipe with weighted flapper and screen to meet FDEP regulations. P. Bluewater Tank Repairs (in base bid) 1. Repair door frame before blasting and painting Seal conduit penetrations in dry pillar by welding plates as needed, reducing size of penetrations to match conduit size. Remove and grind smooth existing old ladder brackets. 4. Replace vent screens. ive) 3.6 REPAINTING THE TANKS A. General 1. All cleaning and painting shall be done in a workmanlike manner. Curing times and ventilation requirements of the paint manufacturer shall be strictly enforced by the CONTRACTOR. Repair & Paint 009870 - 18 Countryview & Bluewater Tanks (2014) Job No. 41-459 The CONTRACTOR shall have sufficient Wet Film Thickness Gauges and a calibrated Dry Film Thickness Gauge on the premises during all working hours after any painting begins. In addition to the minimum and maximum dry film requirements (See Appendix, Table 1), all sags, runs, pinholes, craters, roller nap, and other irregularities which would be detrimental to the life or appearance of the coating(s) shall be removed and repaired at no additional cost to the OWNER. Finish coats shall be uniform in color, hide and sheen (gloss) without streaks, laps, runs, drips, sags or missed areas. B. Painting Environment 1. Repair & Paint All temperature and humidity requirements of the paint manufacturer's published product data shall be followed. In addition, no painting shall be done when the relative humidity is greater than 80%, or the temperature of the steel is or is expected to be less than 5 degrees F above the dew point temperature during application and until the coating has cured to resist moisture in accordance with the manufacturer's published product data. The CONTRACTOR shall have wet bulb-dry bulb measuring equipment and steel temperature measuring equipment on the job at all times. Readings shall be recorded at the beginning and end of each painting session and at no less than two (2) hour intervals. Wind velocities during exterior painting shall be compatible for the quality application of the exterior coatings. Measurements shall be recorded on the Daily Coatings Report. Minimum Temperature a. Each component shall be maintained at a minimum of 75 degrees F prior to mixing. b. The mixed coatings shall also be maintained at a minimum of 65 degrees F during application. c. All costs associated with keeping the coating material at the minimum specified temperature shall be included in the Base Bid. Mixing of Coatings a. Each component shall be thoroughly mixed on-site with a power agitator in accordance with the manufacturer’s printed instructions to ensure no pigment remains on the bottom of the container. b. Anentire kit shall be mixed together to ensure proper ratios of components. c. The container shall be large enough to hold all components to be mixed, 009870 - 19 Countryview & Bluewater Tanks (2014) Job No. 41-459 including thinner. The combined material shall be thoroughly mixed with a power agitator that shall be driven by a 3/4" drill motor not exceeding 300 rpm and which do not cause air entrainment to achieve a uniform consistency. Adherence to proper induction times and re-coat schedule for the combined coating material shall be in accordance with the manufacturer's published product data. No coating shall be applied until the minimum induction time has been reached. 6. Coatings Application a. Methods of application are at the discretion of the CONTRACTOR as long as the materials are applied in accordance with the manufacturer's published data and the end results are in compliance with these specifications (including all others inferred by reference). Brushes shall be: Purdy Corporation, Professional Quality, Black China Bristle Series, or Wooster Brush Company Pro 10, Professional Quality, Black China, sash and trim brushes, or approved equal. Rollers shall be Purdy Corporation, Professional Quality, Lambskin rollers with phenolic core, or Wooster Brush Company, Professional Quality, Resin/Coat Rollers, or Premier Lint Free, Epoxy Bonded to Phenolic Core, Premier Richmond Hill, NY, or approved equal. Techniques shall be used which will not allow coating droplets to travel from the base of the tank or escape from the containment apparatus. Prior to the cleaning or coating of any surface, the CONTRACTOR shall present a written plan for approval by the PROJECT REPRESENTATIVE and the ENGINEER concerning how abrasive and/or paint damage to automobiles and property will be handled, including a process for quick removal of the abrasive or paint, and who will do the Work. This approval in no way shall relieve the CONTRACTOR from the responsibility of settling claims for damage, but is intended as an avenue to expedite and minimize said claims. 7. Coating Thickness a. Dry film thicknesses (DFT) specified in the attached painting schedule (see Appendix, Table 1), are dry mil thicknesses measured in accordance with Steel Structures Painting Council SSPC-PA-2, Paint Application Specification No. 2, “Measurement of Dry Paint Thickness with Magnetic Gauges.” Painting Contractor shall apply additional coats as necessary to achieve the specified minimum dry film thickness range per coat. b. The thickness of each type paint is essential to the system's integrity (see Repair & Paint Countryview & Bluewater Tanks (2014) Appendix, Table 1). The addition of mils in a succeeding coat of a different generic type or formulation to make up for thin preceding coat(s) shall not be allowed. Ifa thicker finish coat is needed to hide the underlying darker color on the exterior of the tank, a thicker coat may be applied, but it shall not exceed the 009870 - 20 Job No. 41-459 maximum allowable thickness recommended by the coating manufacturer. - c. Under no circumstances shall the dry film thickness of an individual coat or of the total coating system exceed the coating manufacturer's maximum allowable thickness limit. f. Dry mil thickness greater than the coating manufacturer's maximum allowable thickness shall be considered unacceptable and shall be removed by the CONTRACTOR at no additional cost to the OWNER at the direction of the ENGINEER and OWNER. g. Some coatings may require additional coats applied to achieve the specified thickness when applied by brush or roller. No additional compensation shall be made for additional coats required to achieve the specified minimum thickness. 8. Surface Conditions a. The surfaces to be painted shall be free from mud, oil, grease, dust, moisture, salts, and other foreign material which would cause adhesion or other problems in the finished product. b. If field tests by the ENGINEER find questionable amounts of contamination on the steel surfaces or painted surfaces to be top-coated, a representative of the paint manufacturer may be called to examine the surfaces in question and determine if the surfaces are in accordance with these Detailed Technical Specifications and the manufacturer's published product data. 9. Painting Schedule a. The tank should be entirely cleaned and primed prior to the start of the intermediate painting to avoid damage to the topcoats from adjacent cleaning operations. b. The primer shall not be applied closer than 6" to the edge of a surface yet to be cleaned. c. Ifthe re-coat cycle of the primer prevents completing cleaning and priming of the tank before applying the intermediate coat, then the CONTRACTOR shall submit, in writing, a schedule for coating application which will avoid damage to the intermediate and finish coats when applied close to uncleaned surfaces. 10. Piping a. The CONTRACTOR shall be responsible for assuring that no foreign material including, but not limited to paint, abrasive, rags, or tools enter the : inlet/outlet, drain, or overflow piping during the prosecution of the Work. b. Any material found in this piping at the time the tank is placed back into service shall be removed at the expense of the CONTRACTOR. To aid in preventing the entrance of foreign material, the CONTRACTOR shall drain the pipe and either lower the protective cover to the top of the pipe, tack weld a plate over the inlet/outlet pipe or place an expandable plug in the pipe. Repair & Paint 009870 - 21 Countryview & Bluewater Tanks (2014) Job No. 41-459 c. Ifa plate is tack welded over the pipe, the plate shall completely cover the pipe and shall not be removed until the interior and exterior painting is complete. After the plate is removed the damaged areas of coating and weld burrs shall be ground smooth and recoated in accordance with the applicable paragraphs in these specifications. d. Ifan expandable plug is inserted in the pipe, the plug shall be placed approximately 18" down in the pipe to allow for proper coating of the inlet/outlet pipe. 11. Air Dryer for Compressor a. Use air dryers sufficient to remove 98% of the moisture from the compressed air. Size the dryers based on total cfm using manufacturer supplied charts. Upon request, supply charts to engineer for verification. b. _ If the fan is not operable, cease all blasting until the dryer is replaced or repaired. c. Supply air dryer with an air draw-off valve to check air for dryness, oil contamination and cleanliness on the outlet side of the air dryer. d. For cleaning operations, draw clean air from the outlet side of the air dryer. C. Preparation and Painting the Tank Wet Interior 1. Surfaces to be Cleaned and Painted: All interior wet surfaces including the roof, manholes, roof vent flange access tube, etc., shall be cleaned and painted in accordance with the requirements of this section. 2. Cleaning Tank and Debris Removal a. The OWNER will remove all water from the tank which will drain by gravity through the drain line. b. The CONTRACTOR shall remove all standing water, mud, and debris from the tank prior to starting work 3. Surface Preparation a. The interior surfaces mentioned above in Paragraph 3.05.B.1. shall be cleaned to a degree of cleanliness equivalent to SSPC-SP10, Near-White Blast Cleaning by a method approved by the ENGINEER and OWNER. b. Before the formation of rust and after observation of the surface by the ENGINEER, all cleaned surfaces shall be primed as specified. Prior to the application of the finish coat, all seams, rough areas, deviations from smooth surfaces, pits, bolt heads and nuts, remains of erection lugs and scars, and comers shall be primed by brush (stripe coat at 2.0 - 4.0 mils) with the primer, Repair & Paint 009870 - 22 Countryview & Bluewater Tanks (2014) Job No. 41-459 followed by the finish coat. A sample area of minimum size 2’x 2’ will be cleaned to a degree of cleanliness equivalent to SSPC-SP10, Near White Blast Cleaning as agreed by the ENGINEER and CONTRACTOR. After agreement as to degree of cleanliness, the sample area shall be clear coated and used as a template for the remainder of the cleaning for this portion of the tank. 4. Seam Sealer After cleaning, seam sealer is to be applied to the roof vent intersection, roof manhole, tank manhole intersection, piping intersections, and the lap seams to seal these intersections from moisture. It shall be applied in a workmanlike manner, being beveled at approximately 45 degrees. The cost of this seam sealing is to be included in the Base Bid. At the CONTRACTOR'S option Filler (see section 2.05, above) and Surfacer may be applied after the priming of the surface, providing no rust has formed on any un-coated surfaces (such as crevices between plates). 5. Coating Application a. The approved coatings for the interior surfaces are intended to comply with the requirements of AWWA D102-11 Inside Coating System No. 3 (ICS-3, Modified) with the dry film thickness as specified in the coating schedule. Acceptable manufacturers and products are shown in the coating schedule. The CONTRACTOR must submit certifications indicating compliance with the specifications. Not later than eight hours and before the formation of rust, the cleaned surfaces (SSPC-SP10) shall be primed with the specified primer applied at a rate to achieve a 2.5 - 3.5 mils (min.) dry film thickness. The primer coat shall be inspected and approved by the ENGINEER prior to proceeding with the remaining coats. After approval of the prime coat a finish coat shall be applied at a rate to achieve 30.0 - 40.0 mils DFT. Roof beams, sharp edges and other difficult to coat areas shall receive 40.0 — 50.0 mils DFT.. The total dry film thickness for the two (2) coat system shall be a minimum of 32.5 mils. All roof beams, sharp edges and other difficult to coat areas shall have a minimum of 42.5 mils DFT. Paint shall be applied strictly in accordance with the manufacturer's recommendations. 6. Re-coat Cycle a. The CONTRACTOR shall review the manufacturer's published product data for maximum re-coat times for the interior coating system selected for use. b. Ifthe maximum re-coat window is exceeded prior to application of the Repair & Paint 009870 - 23 Countryview & Bluewater Tanks (2014) Job No. 41-459 succeeding coat, then the CONTRACTOR shall prepare the interior surfaces in accordance with the manufacturer's published product data prior to the application of the next coat. The cost of this additional surface preparation shall be borne by the CONTRACTOR with no additional cost to the OWNER. The Contract Time shall not be increased as a result of this additional surface preparation. Curing Each coat shall be properly cured before the application of any subsequent coats. The interior wet area coating shall be completely cured and the tank shall not be filled with water until approved by the ENGINEER and OWNER. The exterior dry coating on the opposite side of water bearing surfaces shall be completely cured and the tank shall not be filled with water until approved by the ENGINEER and OWNER. Solvent rub tests, pencil hardness tests, or other industry recognized testing procedures shall be used as recommended by the manufacturer. The CONTRACTOR shall monitor the torus bottom plate temperature during the interior coating curing to verify that minimum steel temperature requirements are satisfied. Ventilation Forced ventilation shall be supplied to the interior of the tank for a continuous period of at least 48 hours after the final coat has been applied. Adequate ventilation of the tank bottom and other low lying areas of the tank shall be provided by the CONTRACTOR as required for solvent release and coating cure. This ventilation shall, at a minimum, be in accordance with AWWA D102-06. The CONTRACTOR shall furnish, install and operate the equipment that is necessary to provide forced ventilation to aid curing. If supplementary heating or dehumidification is required to effect curing, the CONTRACTOR shall furnish, install, and operate the equipment to perform the supplementary heating or dehumidification required at no additional cost. 9. Testing Repair & Paint Countryview & Bluewater Tanks (2014) All interior wet coatings, including those above the high water level, shall be checked with a wet sponge low voltage holiday detector. Testing shall be done in accordance with Section B.9.3 of AWWA D102-06 in the presence of the ENGINEER. Any voids indicated shall be repaired by applying more of the finish coat of paint by brush or roller. The repaired areas shall be retested after the 009870 - 24 Job No. 41-459 appropriate drying time. d. The coating system must pass the holiday test regardless of the mil thickness applied to the tank. D. Preparation and Painting the Tank Exterior 1. Surfaces to be Painted All exterior surfaces of the tank, including the bowl, tower, rods, turnbuckle threads, bolts, nuts, pins, brackets, seams, corners, base, pedestals/pillars or legs, manhole neck of the roof vent, etc., shall be cleaned and painted in accordance with the paragraphs in this section. 2. Irregular Surfaces a. Any burns, weld splatter, rough welds, weld overlap, bolts, sharp edges, or comers of any areas disturbed or installed by the CONTRACTOR'S operations which would cause difficulty in achieving a defect-free coating shall be chipped and/or ground smooth. b. Any pinholes or voids in exterior welds shall be filled with an epoxy seam sealer. It is not the intent to have these irregular surfaces chipped and/or ground flush. The objective of the chipping, grinding and/or seam sealing is to eliminate irregular surfaces to provide a surface that is sufficiently smooth for the application of a uniform thickness coating without voids. This chipping, grinding and/or seam sealing is considered incidental to the exterior painting and is to be included in the Base Bid. 3. Cleaning Tank and Debris Removal a. The surfaces described in paragraph 3.05.D.1 shall be cleaned to a degree of cleanliness equivalent to SSPC-SP6, Commercial Blast Cleaning by a method approved by the ENGINEER and OWNER. b. A sample area of minimum size 2’x 2’ will be cleaned to a degree of cleanliness equivalent to SSPC-SP 6, Commercial Blast Cleaning as agreed by the ENGINEER and CONTRACTOR. After agreement as to degree of cleanliness, the sample area shall be clear coated and used as a template for the remainder of the cleaning for this portion of the tank. 4. Coating Application a. The approved coatings for the exterior surfaces are intended to comply with the requirements of AWWA D102-11 Outside Coating System No. 4 (OCS-4, Modified). Acceptable manufacturers and products are shown in the coating schedule. The CONTRACTOR must submit certifications indicating compliance with the specifications. Repair & Paint 009870 - 25 Countryview & Bluewater Tanks (2014) Job No. 41-459 Repair & Paint Countryview & Bluewater Tanks (2014) Not later than eight hours and before the formation of rust, the cleaned surfaces (SSPC-SP6) shall be primed with the specified primer. Should any area exist where the intersection of two (2) members does not allow the complete cleaning of the intersection and the members cannot be separated for cleaning (such as anchor bolt washers, clevises, turnbuckles, etc.), these intersections shall be post-primed with an aluminum platelet pigmented material suitable for marginally cleaned surfaces. The material shall be Tnemec 1 Omnithane, or other material approved in writing by the ENGINEER and recommended by the manufacturer of the exterior paint system. Following the prime coat application, the exterior surfaces shall receive two intermediate coats and a finish coat of paint. The colors for the intermediate coats shall be slightly darker than that chosen for the finish coat, being dark enough and different enough from one another to visually assure application and coverage of each subsequent coat, yet light enough to allow proper hiding of the intermediate coats of paint. Recoat Cycle The CONTRACTOR shall review the manufacturer's published product data for maximum recoat times for the interior coating system selected for use. If the maximum recoat window is exceeded prior to application of the succeeding coat, then the CONTRACTOR shall prepare the interior surfaces in accordance with the manufacturer's published product data prior to the application of the next coat. The cost of this additional surface preparation shall be borne by the CONTRACTOR with no additional cost to the OWNER. The Contract Time shall not be increased as a result of this additional surface preparation. Curing Each coat shall be properly cured before the application of any subsequent coats. The interior wet area coating shall be completely cured and the tank shall not be filled with water until approved by the ENGINEER and OWNER. The exterior dry coating on the opposite side of water bearing surfaces shall be completely cured and the tank shall not be filled with water until approved by the ENGINEER and OWNER. Solvent rub tests, pencil hardness tests, or other industry recognized testing procedures shall be used as recommended by the manufacturer. The CONTRACTOR shall monitor the torus bottom plate temperature during the interior coating curing to verify that minimum steel temperature requirements are satisfied. 009870 - 26 Job No. 41-459 E. Logos 1. Countryview Tank - The Tank CONTRACTOR shall paint the Okaloosa County logo on the broadside of the tank. The logo shall be painted using colors to match the logo (See Appendix for representative detail). Final color selections are on file at Tnemec. Orientation of the Logo on the tank to be determined by the OWNER. Diameter of the logo shall be minimum of 20’. 2. Bluewater Tank - The Tank CONTRACTOR shall replace the existing “sailboat” logo to match as is. Artwork for the logo is not available. Tank logo paint shall be same as final top coat required by the exterior coating system F. Safety Climbing Devices 1. The tubular notched galvanized rigid rail safety-climbing devices shall be removed prior to the cleaning and painting of the ladders. 2. All paint on the device, both existing paint and any paint spilled on the device by the CONTRACTOR, shall be removed by wiping the device with the proper solvent. 3. Any rust which has developed on the safety rails shall be removed by power tool cleaning with Scotch-Brite abrasive discs, then these areas shall be coated with one coat (2.0 to 3.0 mils thick) of an aluminum platelet pigmented single component Polyurethane mastic such as Tnemec 530 Omnithane. 4. Any necessary temporary protective devices for compliance with Federal OSHA requirements, all state and local safety regulations, and safe working practices shall be furnished and maintained by the CONTRACTOR. 5. After the curing of the ladder paint, the tubular notched galvanized rigid rail safe- climbing device shall be reinstalled in a secure manner as recommended by the manufacturer of the climbing device. 6. Any fasteners damaged by the removal and replacement of the device shall be replaced by the CONTRACTOR at no cost to the owner. 3.7 INSPECTION AND TESTING A. Testing Coatings 1. Ifadispute arises concerning the quality or quantity of the applied coatings; adhesion tests, Tooke gage inspection, or some other form of destructive testing may be employed. Repair & Paint 009870 - 27 Countryview & Bluewater Tanks (2014) Job No. 41-459 2. If such tests are employed, the OWNER will pay for these tests and the CONTRACTOR shall repair the damaged coating at no additional costs to the OWNER regardless of the outcome of the tests. B. Observation 1. All Work shall be accessible to the ENGINEER using the CONTRACTOR'S rigging and equipment. If assistance is required for the ENGINEER to safely inspect the work, the CONTRACTOR shall assist the ENGINEER. The cost of labor and equipment to assist the ENGINEER shall be included in the Base Bid contract amount. C. Hold Points for Required Inspections The CONTRACTOR shall give the ENGINEER at least 24 hours notice (48 hours if inspection required on weekend) before each of the following stages in the Work is completed: WC HSNAWRWN any repairs and prior to preparation interior blast (frequency to be determined) installation of prime coat installation of stripe coat exterior blast exterior prime coat exterior stripe coat exterior 1* intermediate exterior 2" intermediate Failure to notify ENGINEER as specified may result in removal of any installed coating or re-work of surface preparation that has occurred since last hold point. Removal or re-work shall be at the sole discretion of the OWNER and ENGINEER and shall be at no additional cost to OWNER. 3.8 DISINFECTION OF THE TANK AND PIPING A. Cleaning 1. 3. Repair & Paint Countryview & Bluewater Tanks (2014) After curing and prior to disinfecting, the CONTRACTOR shall wash the tank interior with potable water to remove all loose paint overspray, dirt, etc. All equipment, including brooms, brushes, spray equipment, and worker's boots, shall be disinfected before they are used to clean the water storage facility. The CONTRACTOR shall supply an adequate volume of water (20 gpm 009870 - 28 Job No. 41-459 4. minimum) with sufficient pressure (60 psi minimum at the nozzle) to wash thoroughly all the interior wet surfaces, including those surfaces above the high water level. The spent water shall be removed from the tank before filling the tank. B. Disinfection 1. It is the CONTRACTOR'S responsibility to flush and disinfect the tank until two (2) consecutive satisfactory water samples are reported from the OWNER'S laboratory. Method 2 (Section 4.3) of AWWA C652 shall be used for disinfection (spray method). Material used for disinfection shall be HTH only. The OWNER shall take and send in the samples to the laboratory, but shall assume no responsibility for the sampling technique or the care of the samples. The stored tank water shall comply with current state and USEPA standards for organic, inorganic, and biological contaminants as influenced by the operations of the CONTRACTOR. 3.9 Cleaning and Painting Concrete A. Preparation 1. The CONTRACTOR shall dig down beside each foundation to expose approximately 4" more of the concrete than is normally exposed (at least 10" from the top of concrete). 2. Prior to any digging, the CONTRACTOR shall contact the utility hot line to have all utilities marked on the site. 3. All concrete areas thus exposed (from the ground to the base plates) shall be cleaned by brush-off blast cleaning to remove any existing coatings and other contaminants. This entails lightly abrading the concrete surface without entirely removing the surface concrete. 4. The aggregate shal] not be exposed by the blasting operations. 5. All efflorescence and laitance shall be removed from the surface. 6. The cleaning operation shall be performed to open subsurface holes and voids and to produce a profile for the proper adherence of the specified coating system (equivalent to 40-60 grit sand paper). Repair & Paint 009870 - 29 Countryview & Bluewater Tanks (2014) Job No. 41-459 7. Bug holes, voids, pinholes, honeycombs and any other concrete imperfections shall be patched, repaired or filled with 100% volume solids epoxy repair material prior to coating application. B. Coating Application 1. All cleaned concrete areas shall be given a two (2) coat roller applied coating. 2. Each coat shall be applied at a rate to achieve a 4.0 - 6.0 mil dry film thickness. The total dry film thickness shall be 10.0 mils. C. Backfill After the coatings have cured and been approved by the ENGINEER, the concrete structures are to be backfilled to the original grade. 3.10 GUARANTEE AND ANNIVERSARY INSPECTION A. All Work shall be guaranteed for five years after the date of substantial completion. This guarantee shall be provided for in the CONTRACTOR'S Performance Bond and as described in Section 00624, Warranty Attachment. B. The coatings manufacturer shall provide a 15 year warranty for the exterior coating system. The warranty shall cover the following: Color Retention Gloss Retention Chalking Checking. Blistering Cracking Delamination The Contractor shall prepare and field apply the complete specified coating system to a minimum of (6) panels (to be supplied by Tnemec — size 3” X 6” or larger) of each exterior finish color identified in the warranty. The (6) field applied sample panels of each finish color shall be air dried for a minimum of (7) days and shipped to Tnemec Company prior to final acceptance of the Work. The panels will be checked for verification of color accuracy and stored as the Original project Color Standards for the duration of the Warranty Coverage. Upon completion of the work, Tnemec Company shall forward the signed Warranty document along with two (2) panels of each finish color to the Owner for retention by the Owner and shall return two (2) panels of each finish color to the painting contractor Repair & Paint 009870 - 30 Countryview & Bluewater Tanks (2014) Job No. 41-459 ’ C. The Owner will notify the Contractor at least 30 days prior to each anniversary date throughout the five year warranty period and shall establish a date for each inspection. The tank will be drained, at Owner’s discretion, and the Owner's representative and the Contractor shall thoroughly inspect all surfaces both inside and out. Any defects in the coating system shall be repaired by the Contractor at no additional cost to the Owner. Should a failure occur to 25% of the painted surface, either interior or exterior, the entire surface shall be cleaned and painted in accordance with these specifications. D. The CONTRACTOR shall have at least one gallon of each final coating at the time of the inspection along with power cleaning tools and "Scotch-Brite" abrasive disks for spot cleaning. E. To return the tank into service more quickly, the CONTRACTOR shall also have two cases of Tnemec FC22 Touch-Up Kits (with appropriate compression gun) to touch up the interior wet surfaces. Spot repairs shall be made by the CONTRACTOR before returning the tank back into service. Repairs requiring extensive Work and rigging may be delayed until a time mutually agreeable to the OWNER and CONTRACTOR. F.. It is the CONTRACTOR'S responsibility to disinfect the tank in accordance with AWWA C652-92 until two (2) consecutive satisfactory water samples are reported from the OWNER'S selected laboratory. All costs associated with the Anniversary Inspections, including disinfection if required, shall be included in the Base Bid price. 3.11 RESTORATION OF GROUNDS A. Clean-up 1. The job site shall be kept in a clean and safe condition at all times. Hazards or nuisances shall be protected at all times. 2. Upon completion of the Work, the job site and all nearby sites impacted by the Work activities shall be left clean of all debris, cleaning residue, or any other items resulting from the operations of the CONTRACTOR. 3. The cost of any cleanup which must be done by the OWNER shall be deducted from funds due the CONTRACTOR. Double layers of plastic sheeting (each at least 6 mil thick) shall be placed under any compressors, paint pumps, mixers, welding machines, etc., to prevent oils, solvents, organic compounds, or other contaminants from leaching into the soil. Any oils, solvents, organic compounds, or contaminants spilled on the site during the process of the Work shall be immediately removed and cleaned up by the CONTRACTOR B The CONTRACTOR shall grade and level the site upon completion of all work and Repair & Paint 009870 - 31 Countryview & Bluewater Tanks (2014) Job No. 41-459 grass the site with rye or other type grass that will provide cover to all disturbed areas. This work shall be completed at no extra pay to the CONTRACTOR. 3.12 REPORTS A. The CONTRACTOR shall complete the reports included at the end of this section for this project. The report shall be completed daily and sent to the Owner and Engineer for their review and records. B. No progress payments will be authorized for payment until acceptable completed reports are properly submitted. 3.13 PRODUCT PERFORMANCE CRITERIA Provide the following product information and manufacturers published performance data should coatings or coating system be submitted in lieu of the standard of quality established in the project documents. Should the data not be available in a published format, or if the duration of the test does not meet the specified requirement, please respond in the appropriate space with NT (Not Tested). A. Interior and Exterior Primer — Generic Type: 2. Special Qualifications: w Solids By Volume: 4. Zinc Content: 5. Test Criteria: Organic Zinc Rich Urethane Primer Certified in accordance with ANSI/NSF STD 61 for contact with potable water in tanks of 1,000 gallons capacity or greater. 63% 83% by weight Test Criteria Test Duration Proposed Product Test Results ASTMB 117 50,000 hours Rust @ Soribe: Salt Spray (Fog) (Scribed Panel) Blisters: , Rust @ Scribe: ASTM G 85 15,000 Hours Plane Rust: Prohesion Bli ; isters: ASTM D 4585 Rusting: Humidity 4,000 hours Blistering: Repair & Paint 009870 - 32 Job No. 41-459 Countryview & Bluewater Tanks (2014) ASTM 4541 Average of Three Adhesion Tests Report PSI ASTM G8 Cathodic 30 Days Exposure Disbondment Immersion Service 7 years — No (Potable Water) Failure B. Exterior 1" Intermediate Coat 1. | Generic Type: Polyamidoamine Epoxy . Solids By Volume: 67% 3. Special Qualifications: Certified in accordance with ANSI/NSF STD 61 for contact with potable water in tanks of 1,000 gallons capacity or greater. 4. Test Criteria: Test Criteria Test Duration Proposed Product Test Results ASTM B 117 10,000 hours Rust @ Sone Salt Spray (Fog) (Scribed Panel) Blisters: Rust @ Scribe: ASTM G 85 5,000 Hours Plane Rust: Prohesion . Blisters: ASTM D 4585 Rusting: Humidity 10,000 hours Blistering: ASTM 4541 Average of Three Adhesion Tests Report PSI ASTM D 4060 CS-17 Wheel Report mg loss / Average of Abrasion 1,000 Gram Load three tests 1,000 Cycles Immersion Service > Years Rusting: (Potable Water) Blistering Repair & Paint 009870 - 33 Job No. 41-459 Countryview & Bluewater Tanks (2014) C. Exterior 2" Intermediate Coat 1. 2. 3. Repair & Paint Countryview & Bluewater Tanks (2014) Generic Type: Solids By Volume: Test Criteria: Aliphatic Acrylic Urethane. 71% Test Criteria Test Duration Proposed Product Test Results ASTM B 117 9,000 hours Rust @ Sone Salt Spray (Fog) (Scribed Panel) Blisters: . Rust @ Scribe: ASTM G 85 10,000 Hours Plane Rust: Prohesion Blisters: ASTM D 4585 Rusting: Humidity 4,000 hours Blistering: ASTM 4541 Average of Three Adhesion Tests Report PSI ASTM D 4060 CS-17 Wheel Report mg loss / Average of Abrasion 1,000 Gram Load three tests 1,000 Cycles ASTM D 522 Method B Flexibility Cylindrical Mandrel ASTM D 4141, _ Method C 500 MJ/m2 Giess Reenton (EMMAQUA) rUnange. se Moact Direct Impact Report in/Ibs: 009870 - 34 Job No. 41-459 D. Exterior Finish Coat Repair & Paint Countryview & Bluewater Tanks (2014) 1. 3. Generic Type: Solids By Volume: Test Criteria: Fluoropolymer Urethane. 60% Test Criteria Test Duration Proposed Product Test Results ASTMB 117 10,000 hours Rust @ Senibe: Salt Spray (Fog) (Scribed Panel) Blisters: ASTM D 4585 Rusting: Humidity 3,000 hours Blistering: ASTM 4541 Average of Three Adhesion Tests Report PSI CS-17 Wheel atin A000 1,000 Gram Load Report mg loss ! Average of three 1,000 Cycles ASTM D 522 Method A Flexibility Cylindrical Mandrel 1,500 MJ/m2* Gloss Retention: ASTM D 4141, UV Exposure Color Change: Method C (EMMAQUA) 3,500 MJ/m2* Gloss Retention: UV Exposure Color Change: ASTM D 2794 . . ; Impact Direct Impact Report in/Ibs: ASTM D 4587 16,000 hours % Ciess Griention: QUV Exposure Olor \nange: Cycle 4: 8 hours UV - ° . 4 hours condensation 25,000 hours % Gloss Retention: Color Change: ASTM D 5031 5.§00 hours % Gloss Retention: Weatherometer ° Color Change: Report: Color Retention AAMA 2604-98 5 Years 45 Degrees Gloss Retention South Florida Chalking Film Erosion * Values must be presented in UV Exposure and not Global Exposure. Submitting Manufacturer shall provide a certified copy of the EMMAQUA test Report. 009870 - 35 Job No. 41-459 E. Interior Finish Coat 1. Generic Type: Modified Polyamine Epoxy 2. Solids By Volume: 100% 3. Test Criteria: Test Criteria Test Duration Proposed Product Test Results } ASTM D 4585 Rusting: Humidity 4,000 hours Blistering: ASTM 4541 Average of Three Adhesion Tests Report PSI CS-17 Wheel aaa fen 1,000 Gram Load Report mg loss : Average of three 1,000 Cycles Immersion ASTM D 870 Potable Water 2 Years Rusting: Immersion 140F DI Water Blistering: ASTM D 870 2,000 Hours Cracking: Delamination: Edge Retention . MIL-PRF 23236 Report Edge Retention: Tensile : Strength/Elongation Tensile Strength: ASTM D 638 Moisture Vapor oo. Perms: Transmission Metric Perms: ASTM D 1653 : Repair & Paint 009870 - 36 Countryview & Bluewater Tanks (2014) Job No. 41-459 PRE-JOB CONFERENCE Project, Location Meeting Place Date Time Owner. General Contractor Owner Representative Engineer Representative Paint Contractor Representative Paint Manufacturer Representative All parties have read and understand specifications? Coating System Surface Preparation Preparation Sample Anchor Pattern Shop Primer Mils Dry Film Required Field Prep. Field Touch-Up Primer Mils Dry Film Dry or Cure Time Ist Finish Coat Mils Dry Film Recoat Time 2nd Finish Coat Mils Dry Film Recoat Time 3rd Finish Coat Mils Dry Film System Min. Dry Film Repair & Paint 009870 - 37 Countryview & Bluewater Tanks (2014) Job No. 41-459 DAILY COATING REPORTS Project Location Date Contractor Foreman. Surface Prep Date Time Air Temp degrees F Profile: Spec ; Obtained ; Quality ; Time Completed Primer: Spec ; Used. : Air Temp___degrees F; Surface degrees F Dew Point degrees F Dry Film: Spec mils; Obtained mils Paint Spec ; Item Used : Dry Time before Recoat Cure Time Allowed Dry Film: Spec mils; Obtained mils Relative Humidity percent; Time Completed Surface Temp. degrees F; Wind Speed mph; Wind Direction ; Time Repair & Paint 009870 - 38 Countryview & Bluewater Tanks (2014) Job No. 41-459 6£ - 0L8600 (p10Z) SyuR] Joreman|g 7% MalAdnUNOD qureg 7 Iedoy 6St- 1h ON 90f 04860 NOLLOUS JO CNA ‘sued juoursoejdas Joyjo pue ssoppey Jusuaoejder oy} 0} porjdde-doys aq jyeys sound you-ouIz Jo ye09 [eUONIppe UY , "UOLEPUSWIWIODOI USYLIM S JOINJOV|NULU POSOXO JOU [[YS S}BOO [ENPIAIPUI JO} SOSSOUYOIYY [IAL , ‘ouy ‘AueduioD souisuy, Aq ponjoeynueui se ore sjonpord |TV , Seale JBOS O} YNOYJIp JoyJo pue sospo dieys ‘surwaq Joos Joy ssouyory], WL AIC [BIOL , Surry Axodo Jo s]Iw Q'9S — O'Op PAT990I [TBUS SEOrE 1209 0} YNOYJIP 1oyJO pue so8po dieys ‘sures Joo! JoLayUT [TV | “SSOBJ.INS JOLIOJUL UO ]BOD YSTUIJ 94) 0} JOLId pue soovyjins JO]18}X9 UO JeOd aBIPSULISIU! ISI SUIALSOEI 0} JOLId “ojo ‘soSpo ‘sloppe] ‘sures pjom [[e 0} ysnq Aq patjdde aq [jeys Axoda jo ye0o oduyjs V | 91919-ONAU QS S9LI9g 91Q-ONAU OO! 09-0'r 9¢1 SdLag dLIOWIOISeLY 09-0’ oTADY SSWIO sep dpAIOY L-OdSS 9}0190U02) auljoxody ouT'Z7-O.1pPAH 7ZOA SALAS OZH-16 S911 (S°ZS - ST) 0'0r - O'0E CEST CU STE zAxody splfog %00I JOWLIg YORY-Iu1Z (UOISIOUTWT) O1-OdSS ¢-SOl snd XOg-210g dUTZ-O.1PAL] UO[JOIPAH OL sauieg PIS!YS-eInpuy ¢/01 SSZI - OVIN O7ZH-16 Solas S91 - 0°01 Of - 07 0'€- 07 0'S-0'€ SE-ST (PaIpoW)) sueYoip) JsWAjodoJony.y oueyjamAjog Akxodq JOU YORY-OUIZ 9-0dSS ¢-SDO < XXN- /onpoig ponpolg ponpold ponpoig daig s9Rj.nsg wayshs (LA - s[ru) (LA - stun) (LAG - sift) (LAC - s[rat) (LAC > sya) suyeod Wa3shS [B10], jew] C# SeIPSULIOIU] 1# SIRIPOULiojUy] gould anpayrs ssuljzeoD - | ATAVL as a Z| Ss re cy < as = 7 wore , | % Se aaa @ JIEMoli ? % ; NETTIE VE f = " F » iia iii eo 8 Ga © 3 ~ 3 6) 4 ‘< 3 s ‘e) Do, A & ge hy, Ww = if n > = S fa) a " , ; aAY BOUbeyy %. Zp & io) y ‘3 Ye “Ga, z ‘ey o, 3 _ on oY a % Gy, 3 wish 3 Zip % i o 7 B $ yy Y 2% 73) 3 ad ka 5 2 ~ tS Py eorpud z 3 B € ¢ ond Fa re x > % yi S % im = © ty 2 J oO wo by. i 2 re 5 % > g % % 3 3) = ty t 8 5 %, 2 me s Se we ‘) sayenes < cS ww on nd > REN Pal Jeyy-i8D a L Ae Ks 3 we e \) Ye 3 2 % oa D : hy, 4) & * 3 j y 3 : vezi cs) % DY JEN IED AN 2 2 chy oy % s x) 2 oO CPS, 3 LC o s. & 7) P, & : "any, ° . FE > u7 abpry °y “ng Murrey) Ss Q ¥ s 8 Mey & = 8 ey s i} ty Aa » ~4 = 5 g Y a & 265. g ajerAy < ey < c » Mey = Ss ¢ Y wt 3 a e § = . 6 | a 9 2 ie A 1D Ney wate é 7 a a at a Bi S fs) oO 4 ID puns § = P 3 iy Pa S - $n e e e 64 ~ a 7 { PY sbuey i) a : Py oBuey Py ebuey py abuey | pores s | z * ae g : > c : mi 3 = Ss & 3 o F » S$ & g > wo > 5 rs ef 5 6 f & a oO Oo oc. a > («) z ? OS AXE % & NM “ue Y Terrace Or © ax PI Green Cak Dr Water Oak La ie S ad o oO S 4 & —— 2 a 4 = L4 a a 8 fe . ASS ‘ ev we 30 qangale Or ‘J ieidey se ot as ye" re) & Stine JG e683 Morthvisw Pare Or PY Lodxg weg Or 4 hs Skyline q Kipling Or Kea Clyde Reese Pond ang Prix Or Gre ‘ ¢ Peggy Cr spree Or Nes of o re. a ge or 5 pr Le &, & “A ry oY ao” - ys? a yi Pas Pant et Pa wh? S x gor 2 & a? . ei a o th ue ee Py Oe 3 ye Es) is N “ 6 2 6 ts = ~ te ~ a : a] ~ = oH) bY 5 he o a —} Cc is bed = e& & @ 8S g 3 a6 g@ = & ; Go 2 10 SaAquoN ‘Queue iQ] Bll yy Cherstegher Dr Wesheevs Dr ywand Dr an Cr ste Shear River OF Top Flight OF &, wy, my oS Savannah Lo AO BNEIS 35 B14 Rea epeny PY Bscwsaj) 2 8 a > = = = a £ < EE 3 & 2 wm OQ DAD caidot DF ger Cir 5 s x «& ~ oa F sz) - & Ro fas 8 2 5 6 g 5 ec 2 t+ Oo & 5 6 Ww of s ane Btyd (a oe ot Presscott 51 Prane St & Boulder St Peoria Blvd Ss on = Rs Wid arse ask OSBury ater, Storage ranks Y, Northview ra Antic RS southern Mid-Cot va “TANK RESIGN: "ROE,;OOG GanLe SPL Wir VERTICAL CENTER MUTED RISER be Lo ES QaMeTeR DUAL ORETEY Lahr $00 ELE ae ¥ _ ne es carers : N TKe S08 if (ee LETTERS FLOW WIR BET | MATH ANT: VORTEX Teed BAY WHEL 3 COUNTY ae . ee DRY WELL LADOER rr : Bin Sear eee 48 Sa 8 joe cue te Y —marremn ne tectiems rm Soar es SS == 12 UPPER WLEY Cee one EYFANSON JOWT mee age manrorg | ot veer pint (STEEN ee SEEED wim 4 sek wer RR t se ruTED c SER eetreeR, . ; i eet SER, Sa — 1 nie 4 i BAG MSEE Maen - TANI LO POAT e he BS MAR DOSE TH Sat we eee a SSUER SSS ELEVATION aos, TSN (eRe Mane: etnias Nel uate: Pe fe UTE LEM, Tai ACCESS LaBDE WOH GARETT) DE MCE sen Ye PLETE EE Mane “BANTER S SHG Lets VEINS WHT Som EERS BG MIG UPeEe ~- PLATFORM DORR WITH SEPSET “BIgrOROS as Neen eseny | REST PLATEGRMS To BE ! POF seT An HECESSARY i Lappars. Uo Has hos VENTS WITH GORE ENE / : Sie We \ [BLED ey ea igs SD EVATION (ANE SHALL BE OESIGNED 4S PER ALMA 0-100 2. Nd LOD 180 set J. SOM BEARING SHALL MOT EXCEED 2B O0 poe Yt BTS VAUE FoR 4 AL COREE StL OF 9000S OAD 5 CYNON. i BLazone anne? OnE ae RLY 5. SFE. ATE Ae, STAUCTURAL A, ABA — HE BILLET INT. sabe) { e-Sie natch Meme a i SHOP DRAWINGS REQ'D FOR STEEL & FORMDATION DESIGH BY TANK HG. 7 (OUOATIONS [ap macine aokTs FumalSHED By am. (8) SEMEN § i “We LOCATION, GF BARS ARE Por IOED ACTORS CONVENIENCE ONLY. FIWAL, i ROVIOED © SUBXUFTEO OY T FOR APERGYAL, Ks. COT SE UBDERCUT UMLISS APPROVED, (0) RATTEN Bons ARSGRRE GAME 3-VE"HIH DIAL SRS TE SE RANGE Waren Ve eee va HOSE conic Ton Nene: WED BRNCARTS| Fic PROTECT: Man FOQUNDATI: PLAN 110" ko pereonee COMPACTED BAcKFIL Ag MER Se S ety CP RHULAR FLL, REPORT agra a fr ty comin Sout Hse i aes Hei Maret Ag by eu rs Surrorr aus, " aren cost Ai COHPACTION OF Ale MMTEAIASS Seat RE PRDHIGED 45 8FQ°D cr uP" I ek A SOS va" Tein 6 St ae race ey, BLOW -UP" oo seme AS BUILT RISER FOUNDATION ELEVATION SCEPC CHEE. ETC y Sint Be FORMISND BFE STI SECTION “aoa ° : = - Seoation romans 3 Soames NTS < sf mt Se a ae. AEVISION - DATE ~ T seas ‘5 SHOWN TANK ELEVATIONS AND FOUNDATION: seas at cu ‘SHEET oN Sas 8s ] PROFECT NUMBER POLYENGINEERING 300,500" Gai LON ELEVATED WATER 4 — [BFE “nove oe | CONSULTING ERGINEERS T_OWAWN BY MIKE D Areaoven mY EL ef 308 HUMBER 5 BILL OF MATERIALS ITEM | REG DESCRIPTION MATERIAL A 2 | PLATE 5*x2"x1/2" A36 = 12 290m By Penden ms, “= NEW HANDRAIL B {1 | Op $/4"@ x12" AS6 ACCESS TUBE ~ TOP WEW ant with Polzengineerng EXIST. TOP ACCESS TUBE 48” DA, x 0.5” WALL (MAT. A283C) ae oo FOR ACCESS TUBE COUNTRYVIEW & BLUEWATER TANKS OKALOOSA COUNTY. FLORIDA 12" 1 NEW HANDRAIL BRACKET NEW BRACKET & HANDRAIL | +" A a INSTALLATION DETAIL Posr Orrer Box 841 POLYENGINEERING OF FLORIDA, INC. AncHTECTUme ENGINEERING Soumons A TOP VIEW 459 Repair ong Point Countrwiew ond BW Tanks (2014)\Specs\occess safely brocket deg {Loyoutt] Last Printed: November 27, 2013 % oN “Tt i ae 1/8” BEVEL | to , A L . 1 FRONT VIEW SECTION A-A Treat te RACKET DETAIL ‘Sear we or 1 Polyengineering, Inc. ~ X:\FloridaDota\wASIER PROJECT FOLDER\(41) Dkoio: z 3 OKALOOSA COUNTY SAND DOLLAR LOGO POLYENGINEERING, Inc. Project No. 41-459 Paint and Repair Countryview and Bluewater Water Tanks