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R-1936 - 03/23/2021 - CONTRACTS - Resolutions Supporting Documents
REV=EW OF CONTRACTS ηζ under$20,000 $20′000-$500′000 $500′001-$1′000′000 E Over $1,000,000 な針ノ罵♂ πttsttln44二 ど 12/z/ Three(3)Originals signed by other party Original prOVided to staff member for other party Original prOVided to OffiCial F∥es Date/Initials" Date/1nitia ls Date/1nitials Wfre. oiOak Brook I Approved by Board of Trustees - Date/lnitials: To: NOTICE lo PROCEED Era Valdivia ContractOrs,Inc. 11909 South Avenue O Chicago,IL 60617 Date: Project:Village of Oak Brook, Illinois 250,000 Gallon Spheroid (East and West Tank) Exterior Overcoat Wet Interior Repaint Dry Interior Spot Repaint and Miscellaneous Repairs You are hereby notified to commence work on the East Tank on or after April 15, 202l,with Substantial Completion by July 1,2021including cure and disinfection time. you are hereby notified to commence work on the West Tank on or after August 16,20Zl,with Substantial Completion by October 29,2021including cure and disinfection time. Each tank may be out-of- service a maximum of thirty-five (35) days. ACCEPTANCE ofNOTICE lo PROCEED Rcceipt Ofthe above NOTICE to CONTRACTORS,INC.this the り]霧 Ellじ lirCシ |:う夕llWlidgedby ERA VALDlVIA ,2021. Ftt L-( -tTitle / ダ´ラ′ヽ2/ VILLAGE OF OAK BROOK, ILLINOIS 250,000 GALLON SPHEROID (EAST and WEST TANKS) EXTERIOR OVERCOAT WET INTERIOR REPAINT DRY INTERIOR SPOT REPAINT AND MISCELLANEOUS REPAIRS BID DATE: FEBRUARY 23, 2021 BID TIME: 2:00 P.M. CONTRACT NO. 13-22-24-03 & 04-20 CONTRACT DOCUMENTS Table of Contents Notice to Bidders (1-2) Project Summary (1-4) Instructions to Bidders (1-13) Supplementary Instructions to Bidders (1) Bid/Agreement Form (1-11) Non-Collusion Affidavit (1) Contractor Certification (1) Certification for Contract (1) Certificate of Compliance (1) Schedule of Values (1-5) Performance and Payment Bonds (1-4) General Conditions (1-79) Supplemental Conditions (1-7) Prevailing Wage Rate Information (1-9) Definitions for Technical Specifications (1) Scheduling for RPR Services (1-5) Contractor’s Financial Responsibility for RPR Services (3) Technical Specifications East Tank (1-43) Technical Specifications West Tank (1-43) Village of Oak Brook, Illinois 250,000 Gallon Spheroid (East and West Tanks) Exterior Overcoat Wet Interior Repaint Dry Interior Spot Repaint and Miscellaneous Repairs February 18, 2021 Addendum No. 1 All General Conditions and Information for Bidders shall apply. The following changes have been made in the specifications: 1. This project will be subject to all applicable provisions for the following IL laws: A. Title 35: Environmental Protection Subtitle F: Public Water Supplies Chapter II: Environmental Protection Agency Part 652 Community Water Supplies https://www.ilga.gov/commission/jcar/admincode/035/03500652sections.html B. Employment of Illinois Workers on Public Works Act http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=549&ChapterID=7 Acknowledge this Addendum per Page 1 of the Bid Agreement Form. OAK BROOK - NOTICE to BIDDERS - 1 SECTION 00 00 30 NOTICE to BIDDERS Separate sealed Bids are solicited for the following project: Project Name: 250,000 Gallon Spheroid (East and West Tanks) Exterior Overcoat Wet Interior Repaint Dry Interior Spot Repaint And Miscellaneous Repairs Note: This project name shall be understood to include the entire scope of project as defined and detailed by these specifications and Contract Documents. Separate sealed bids will be received by the Owner and then publicly opened and read aloud at: Pre-Bid Meeting: February 9, 2021 at 10:00 A.M. at S.E. Dean Boardroom at the Butler Government Center, 1200 Oak Brook Rd., Oak Brook, IL 60523. Meeting is mandatory and Bidders are to visit the site prior to the meeting. Bids Sent To: Rania Serences, Senior Purchasing Assistant, Village of Oak Brook, 1200 Oak Brook Rd., Oak Brook, IL 60523 Bid Opening Date: February 23, 2021 Bid Opening Time: 2:00 P.M. (local time) Bid Opening Site: S.E. Dean Boardroom at the Butler Government Center, 1200 Oak Brook Rd., Oak Brook, IL 60523 Bid Security: A bid security of 10% of the bid amount is required. The Bid Requirements and Contract Documents may be examined at the following locations: Contractors Exchange Construction Association Builders Exchange 233 N. Springfield Ave. 43636 Woodward Ave. 678 Front Ave. NW, Suite 330 Joliet, IL 60435 Bloomfield Hills, MI 48302 Grand Rapids, MI 49501 At the OFFICE of the ENGINEER and at the OFFICE of Pat Toland. Printed copies, Electronic copies, or Documents on Flash drives with the Bidding Documents may be obtained from the office of DIXON ENGINEERING, INC., 1104 Third Avenue, Lake Odessa, Michigan, 48849 (Issuing Office) upon payment for handling charge of each set in the respective format. Payment for handling charges should be made to Dixon Engineering, Incorporated. There will be no refund of handling charge for return of specification packages, or in the digital format. OAK BROOK - NOTICE to BIDDERS - 2 Format Cost Bidding Requirements $95.00 Flash Drive containing Bidding Requirements in portable document format (PDF) $85.00 Electronic download of Bidding Requirements by email (PDF) $75.00 A mandatory pre-bid conference for the Project will be held on February 9, 2021 at S.E. Dean Boardroom at the Butler Government Center, 1200 Oak Brook Rd., Oak Brook, IL 60523. Bidders are to visit the site prior to the meeting. See Supplemental Instructions to Bidders to verify if the attendance of non-employees or other surrogates representing your firm meets the requirements of mandatory attendance. The Village of Oak Brook Reserves the right to reject any or all bids and to waive any informalities and to accept the bid deemed most advantageous to it. No bid shall be withdrawn after opening with the consent of the Village of Oak Brook for a period of 60 days after the scheduled time bid opening date. For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders, and if applicable Supplemental Instructions to Bidders, that are included in the Bidding Requirements. Note l: The Engineer assumes no responsibility to supply Builders Exchanges and similar plan review rooms with all addenda issued. An attempt will be made to do so; however, only registered plan holders will be notified by email of expected or late term addendum with short preparation times. Note 2: Prequalification of BIDDERS - Dixon Engineering will review qualifications of all Contractors and determine their status. Contractors will be prequalified for different sized tanks and towers based on experience, workmanship, successful Project completions with DIXON and Contractor’s financial data. Prequalification protocol is in the Instructions to Bidders. Any Contractor who has any projects in dispute or unfinished because of Contract problems will be considered NOT prequalified. Disqualification will result in the return of any handling fee for Bidding Documents. OAK BROOK - PROJECT SUMMARY - 1 SECTION 00 00 40 PROJECT SUMMARY PART 1 – GENERAL This Project Summary is an overview of the entire Project. The Project Summary is referred to in the Bid/Agreement Form in a few locations. It is intended but is not guaranteed, to place all project specifics in one location to aid Bidders. 1.01 SCHEDULE, LIQUIDATED DAMAGES and SPECIAL DAMAGES The Contractor shall abide by the following schedule: East Tank Schedule: Commence work on or after April 15, 2021. Substantial Completion by July 1, 2021 including cure and disinfection time. West Tank Schedule: Commence work on or after August 16, 2021. Substantial Completion by October 29, 2021 including cure and disinfection time. Each tank may be out-of-service a maximum of 35 days. Com-ed will de-energize the power lines a maximum of four times during the project for rigging/paint work in that area as noted below. The dates are hard dates and cannot be moved, no dates will be added. • Outage #1 o Start Date: September 7, 2021 o End Date: September 9, 2021 • Outage #2 o Start Date: September 14, 2021 o End Date: September 16, 2021 • Outage #3 o Start Date: September 21, 2021 o End Date: September 23, 2021 • Outage #4 o Start Date: September 28, 2021 o End Date: September 30, 2021 OAK BROOK - PROJECT SUMMARY - 2 Liquidated damages are applicable and begin after 35 days out-of-service or after Substantial Completion date whichever is the earlier date. Liquidated damages at $1,250/calendar day shall apply after this date. Ready for Final Payment Date shall be thirty (30) days after date Substantial Completion Date based on out-of-service days or scheduled Substantial Completion, or as adjusted by Change Order; or actual Substantial Completion if earlier. Liquidated damages after Ready for Final Payment Date of $250/day shall apply. Liquidated damages are cumulative if damages from Substantial Completion and Ready for Final Payment overlap. In addition, Special Damages, fines, or Set-offs may also apply per Bid/Agreement Form. 1.02 SCOPE of WORK Tank Information: East Tank: The structure is a 250,000 gallon spheroid water storage tank with an estimated low-water level of 125 ft. located at 2011 Windsor Dr. in Oak Brook, Illinois. West Tank: The structure is a 250,000 gallon spheroid water storage tank with an estimated low-water level of 91 ft. located at 2407 W. 22nd St. in Oakbrook, Illinois. East Tank: The work includes: Exterior: High pressure water clean (5,000 to 10,000 psi), spot power tool clean to a SSPC-SP11 standard, and apply a three (3) coat epoxy urethane system. Exterior Alternate: Apply a dark topcoat on the bowl using a fluoropolymer urethane. Dry Interior: Spot power tool clean coating failures throughout to a SSPC-SP11 standard. Apply a spot two (2) coat epoxy system to the prepared surfaces. Wet Interior: Abrasive blast clean to a SSPC-SP10 near-white metal standard and apply a three (3) coat zinc epoxy system. Apply a polyurethane caulk to the roof lap seams. The cathodic protection system shall be removed and reinstalled by the owner’s vendor, coordination and payment is the contractor’s responsibility. Foundation: Repair grout. Water clean and apply a two (2) coat epoxy system. Mixer: Install a mechanical mixer. Repairs: 1) Install a gasket on the wet interior roof hatch. 2) Modify the top platform. 3) Reinstall the aluminum jacket sections on the fill/draw pipe. OAK BROOK - PROJECT SUMMARY - 3 4) Overflow pipe discharge modification. 5) Replace the mud valve. 6) Replace the access tube air gap seal. 7) Replace dry interior light bulbs. 8) Weld rigging lug on the bowl. 9) Remove abandoned antennas. West Tank: Exterior: High pressure water clean (5,000 to 10,000 psi), spot power tool clean to a SSPC-SP11 standard, and apply a three (3) coat epoxy urethane system. Exterior Alternate: Apply a dark topcoat on the bowl using a fluoropolymer urethane. Wet Interior: Abrasive blast clean to a SSPC-SP10 near-white metal standard and apply a three (3) coat zinc epoxy system. Apply a polyurethane caulk to the roof lap seams. The cathodic protection system shall be removed and reinstalled by the owner’s vendor, coordination and payment is the contractor’s responsibility. Dry Interior: Abrasive blast clean the entire top of the condensate platform (including 1 ft. up the riser wall) and spot failures throughout to a SSPC-SP6 commercial standard. Apply a two (2) coat epoxy system to the prepared surfaces. Foundation: Water clean and apply a two (2) coat epoxy system. Mixer: Install a mechanical mixer. Repairs: 1) Install a gasket on the wet interior roof hatch. 2) Modify the top platform. 3) Overflow pipe discharge modification. 4) Replace the mud valve. 5) Replace the access tube air gap seal. 6) Replace dry interior light bulbs. 7) Weld rigging lug on the bowl. 8) Install a sample tap on the fill/draw pipe. 9) Expansion joint replacement. 10) Remove abandoned antennas. 1.03 MISCELLANEOUS A. Power lines are immediately next to the West tower. The Contractor must keep all rigging equipment a minimum of 15 feet away from the power lines while they are energized. Schedule for de-energizing the power lines is given above. The dates are OAK BROOK - PROJECT SUMMARY - 4 hard dates and all work that will require rigging near the power lines must be performed during the hard dates. B. This project is funded by local funds. SECTION 00 02 00 INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT TABLE OF CONTENTS Page ARTICLE 1 – Defined Terms ......................................................................................................... 1 ARTICLE 2 – Bidding Documents ............................................................................................... 1 ARTICLE 3 – Qualifications/Prequalifications of Bidders ........................................................... 2 ARTICLE 4 – Pre-Bid Conference ................................................................................................ 4 ARTICLE 5 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site ............................................................... 4 ARTICLE 6 – Bidder’s Representations and Certifications .......................................................... 5 ARTICLE 7 – Interpretations and Addenda .................................................................................. 5 ARTICLE 8 – Bid Security............................................................................................................ 5 ARTICLE 9 – Contract Times ....................................................................................................... 6 ARTICLE 10 – Substitute and “Or Equal” Items .......................................................................... 6 ARTICLE 11 – Subcontractors, Suppliers, and Others ................................................................. 6 ARTICLE 12 – Preparation of Bid ................................................................................................ 7 ARTICLE 13 – Basis of Bid .......................................................................................................... 8 ARTICLE 14 – Submittal of Bid ................................................................................................... 8 ARTICLE 15 – Modification and Withdrawal of Bid ................................................................... 9 ARTICLE 16 – Opening of Bids ................................................................................................... 9 ARTICLE 17 – Bids to Remain Subject to Acceptance .............................................................. 10 ARTICLE 18 – Evaluation of Bids and Award of Contract ........................................................ 10 ARTICLE 19 – Bonds and Insurance .......................................................................................... 11 ARTICLE 20 – Signing of Agreement ........................................................................................ 11 ARTICLE 21 –Non-Discrimination ............................................................................................ 12 ARTICLE 22 – Non-Collusion .................................................................................................... 12 ARTICLE 23 – Alternate Bids or Restrictions on Bids……………...…….………………………..13 ARTICLE 24 – Contractor’s Responsibilities ............................................................................. 13 OAK BROOK - INSTRUCTIONS to BIDDERS - 1 ARTICLE 1 –DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office – The office from which the Bidding Documents are to be issued, and which registers plan holders. B. Owner’s Office – The office where the bidding procedures are to be administered. ARTICLE 2 – BIDDING DOCUMENTS 2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers. 2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances. 2.03 Bidder may register as a plan holder and obtain complete sets of Bidding Documents, in the number and format stated in the Notice to Bidders, from the Issuing Office. Bidders may rely that sets of Bidding Documents obtained from the Issuing Office are complete, unless an omission is obvious. Registered plan holders will receive Addenda issued by Owner. 2.04 Owner is not responsible for omissions in Bidding Documents or other documents obtained from plan rooms, or for a Bidder’s failure to obtain Addenda from a plan room. 2.05 Electronic Documents A. When the Notice to Bidders Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified. (Sealed master copy of Bid documents held by Owner. 1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader Version 9.0 or later. It is the intent of DIXON and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and DIXON cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and DIXON cannot and do not guarantee that Electronic Documents and OAK BROOK - INSTRUCTIONS to BIDDERS - 2 reproductions prepared from those versions are identical in every manner to the paper copies. B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.06.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information. 1. In no case will the Contractor be entitled to additional compensation or time for completion due to any differences between the actual Contract Documents and any related document in native file format. ARTICLE 3 – QUALIFICATIONS/PREQUALIFICATIONS OF BIDDERS 3.01 Coating projects require competent, financially solvent Contractors who complete projects on time. These projects deal with the health and safety of the public, have a short availability time, and include dangerous work; therefore, the Owner will only consider prequalified Contractors. Bidders not prequalified may be considered non-responsive and bids may be returned, unopened or opened. Bidders who are not prequalified may not be awarded the project if there is insufficient time (30 days) to complete a thorough review or may not be awarded at solely at Owner’s discretion. A. Requirements for prequalification are: 1. On tanks of 1,000,000 gallons or smaller, successful completion of at least ten projects of like or larger size in the last five years. On tanks larger than 1,000,000 gallons, five projects of like size shall have been successfully completed in the last five years. 2. The experience list shall be based on the type of project being Bid. If project is for a reservoir, then experience list shall contain the required number of projects for reservoirs only; if Project is for an elevated tank, then elevated only; wastewater, wastewater only; clarifier, clarifier only. 3. All projects listed by a Bidder shall have been completed by that bidder under the company name in which they will be bidding this project. If the Bidder has completed the project(s) under a different company name, then the name under which the project(s) was completed shall be noted. 4. Bidders shall furnish proof that they are bondable for the size of the project they are bidding and furnish proof of their bonding company’s rating. B. DIXON will review submitted data to determine if Bidder meets prequalification requirements. QP1 or QP2 certification by Society of Protective Coatings (SSPC) is an alternate method of prequalification, except for the experience list and financials. Any OAK BROOK - INSTRUCTIONS to BIDDERS - 3 information found to be false, incorrect, or embellished (determination of embellishment will be solely in opinion of Engineer) will be sufficient reason for disqualification. C. New Bidders can apply for prequalification; however, they must be able to prove that they are bondable, provide a certified financial statement (most recent fiscal quarter), provide a complete equipment list; and a list of manpower, including work experience and the contractor(s) for whom they have worked. From this information, an evaluation and recommendation will be made by DIXON using economic ratios and comparisons regarding project size, equipment, manpower available, and foreman’s experience. A determination will then be made by the Owner as to whether or not the Bidder is qualified to perform the Project. D. Any prequalified Contractor (by DIXON or SSPC) who has pending litigation against him for work not completed on a project or for failed work on a project may be subject to disqualification. E. In addition, the Owner may make further investigations into the Bidder’s prequalification, including compliance with human resource programs, as well as OSHA and environmental histories. The Owner also may review elements of the prequalification and determine if experience is generic to and specific to the project. Furnish the Owner information, data, or certifications requested. 3.02 Disqualification: A. If a Contractor is Disqualified by a State or Federal Agency, prequalification of that Contractor is revoked for Work in the Disqualifying State, or for Federal Work from Disqualifying Agency. B. Contractor will for reinstatement of Prequalification in the Disqualifying State of with the Disqualifying Federal Agency, when the disqualification period has ended. C. By submitting their bid, the Bidder certifies that he is not currently disqualified or rejected from submitting bids in the state or political subdivision of the state where the project is located or with the Federal Agency for whom the Work is being bid. 3.03 If not Prequalified; to demonstrate Bidder’s qualifications to perform the Work, and at least ten (10) days prior to Bid Opening, Bidder shall submit the following information: A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments. B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract. C. Bidder’s state license or other contractor license number, if applicable. D. Subcontractor and Supplier qualification information. E. A completed Qualification Form (EJCDC 451) and supporting documentation. F. Other required information regarding qualifications. G. A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. OAK BROOK - INSTRUCTIONS to BIDDERS - 4 H. No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications. ARTICLE 4 – PRE-BID CONFERENCE MOVED TO SUPPLEMENTAL INSTRUCTIONS ARTICLE 5 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE 5.01 Site and Other Areas A. The Site is identified in the Bidding Documents. By definition, the Site includes rights- of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. 5.02 Existing Site Conditions A. Subsurface and Physical Conditions; Hazardous Environmental Conditions 1. There are no reports or drawings that contain Technical Data. 2. There are no reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site. B. Underground Facilities – The only known Underground Facilities may be piping pits unless noted in the Supplemental Conditions. C. No Site-related documents are available. 5.03 Site Visit and Testing by Bidders A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site. B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions. C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites. 5.04 Owner’s Safety Program A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions. OAK BROOK - INSTRUCTIONS to BIDDERS - 5 5.05 Other Work at the Site A. Reference is made to the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. ARTICLE 6 – BIDDER’S REPRESENTATIONS AND CERTIFICATIONS 6.01 Express Representations and Certifications in Bid Form, Agreement A. The Bid/Agreement Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid. B. If Bidder is awarded the Contract, Bidder (as Contractor) will automatically reaffirm representations and certifications when it executes the Bid/Agreement. ARTICLE 7 – INTERPRETATIONS AND ADDENDA 7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents. 7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to DIXON in writing. Contact information and submittal procedures for such questions are to be made to the Issuing Office. 7.03 Interpretations or clarifications considered necessary by DIXON and in DIXON’s sole judgement, in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening of Bids may not be answered. A. Addenda may be electronically issued within five days of opening of Bids if Addenda is considered clarification only. B. The only Addenda issued within three days of the bid will be a notice to reschedule opening of Bids, or to cancel opening of Bids. Bids already in transit will be returned unopened or held unopened if requested by Bidder until new date for opening of Bids. 7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents. ARTICLE 8 – BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of ten (10) percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Article 6 of the General Conditions, or in the form of a Certified check made payable to OAK BROOK - INSTRUCTIONS to BIDDERS - 6 Owner. A check is considered a stopgap measure only, and shall be replaced by a Bid Bond as soon as practical. As an alternate to replacement Contractor must demonstrate that they can procure the required Construction Bonds. 8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other Conditions Precedent of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security (Conditions Precedent) within 10 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole as a Liquidated Damage. 8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released. 8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening. 8.05 Bid Bonds will not be returned, but allowed to expire sixty-one days after Bid opening, unless notified by Owner. 8.06 Bid security in the form of a certified check have in the past been overlooked when following Paragraphs 8.02 –8.04 permit return, without intent, because the Certified checks were kept in a different location than the Bonds. It is the Bidder’s responsibility to track the location and secure the return of their check. ARTICLE 9 – CONTRACT TIMES 9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Bid/Agreement and in Section 00 00 40 Project Summary. 9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement and in Section 00 00 40 Project Summary. ARTICLE 10 – SUBSTITUTE AND “OR EQUAL” ITEMS 10.01 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk. ARTICLE 11 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS 11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective Bidder objects to retaining any such Subcontractor or OAK BROOK - INSTRUCTIONS to BIDDERS - 7 Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid. 11.02 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed and the item of Work they are proposed to do. 11.03 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or DIXON, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute. 11.04 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 and Suppliers. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. ARTICLE 12 – PREPARATION OF BID 12.01 The Bid/Agreement Form is included with the Bidding Documents. Additional copies are available from the Issuing Office. A. DIXON has combined the Bid and Agreement Form. While preparing the Bi d documents, use caution to remain in the Bid portion and not the Agreement. B. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein. C. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.” 12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from t he Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid. 12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown. 12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown. OAK BROOK - INSTRUCTIONS to BIDDERS - 8 12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person 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. 12.06 A Bid by an individual must show the Bidder’s name and official address. 12.07 A Bid by a joint venture will not be accepted. 12.08 All names must be printed legibly in ink below the signatures. 12.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form. 12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown. 12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid. 12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form. ARTICLE 13 – BASIS OF BID 13.01 Unit Price A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form. Where a quantity is not specified (i.e. exterior paint), consider the quantity as one, or a lump sum line item. B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with the General Conditions. 13.02 Modified Unit Price Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the math corrections. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. See 00 06 00 Schedule of Values for further determinations. ARTICLE 14 – SUBMITTAL OF BID 14.01 The Bidding Documents include one separate unbound copy of the Bid Form and Schedule of Values. The unbound copy of the Bid Form and Schedule of Values is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 4 of the Bid Form. If Bidding documents were issued electronically it OAK BROOK - INSTRUCTIONS to BIDDERS - 9 is the Bidder’s responsibility to print the Bid Form and submit as directed above. Bid form is identified herein as Bid/Agreement Form but is only a Bid Form until signed by Owner as an Agreement. 14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must be enclosed in a plainly marked package with the Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the required Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must b e addressed to the location designated in the Advertisement. Failure to meet the requirements of this paragraph is sufficient reason to consider the Bid nonresponsive. 14.03 Bids received after the date and time prescribed for the opening of bids, or not submit ted at the correct location or in the designated manner, will not be accepted and may be returned to the Bidder unopened. ARTICLE 15 – MODIFICATION AND WITHDRAWAL OF BID 15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same 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. Dependent upon the timing of receipt of such notice, the unopened Bid may be returned to the Bidder. If the Bid is opened then the Bidder must comply with Paragraph 15.03 below. There is no guarantee that Notice is sufficient or timely if sent by text or email. 15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids. 15.03 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, the Bidder may withdraw its Bid, and the Bid security will be returned. If the Project is rebid, the Bidder who withdraws their bid may be disqualified from submitting a new Bid, at the sole discretion of the Owner. ARTICLE 16 – OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Notice to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders upon written request to DIXON. OAK BROOK - INSTRUCTIONS to BIDDERS - 10 ARTICLE 17 –BIDS TO REMAIN SUBJECT TO ACCEPTANCE 17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and allow the Bid security to expire prior to the end of this period. ARTICLE 18 – EVALUATION OF BIDS AND AWARD OF CONTRACT 18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work. 18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. 18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or DIXON, then Owner will reject the Bid as nonresponsive. 18.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid. 18.05 Evaluation of Bids A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award. C. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items. 18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents. 18.07 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders including prequalified Bidders, and any proposed Subcontractors or Suppliers. Prequalification by DIXON does OAK BROOK - INSTRUCTIONS to BIDDERS - 11 not guarantee that Owner after investigation will determine the same Contractor to be qualified. Owner’s sole determination will govern. ARTICLE 19 – BONDS AND INSURANCE 19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to Performance and Payment bonds, and other required bonds (if any). The entire section (paragraphs concerning insurance and from Article 7, the Indemnification requirements have been moved to Supplemental Conditions Paragraph 6.02+. When the Successful Bidder delivers the executed Notice of Award to Owner, the signed Award shall be accompanied by required bonds and insurance documentation. ARTICLE 20 – SIGNING OF AGREEMENT 20.01 The Articles of these Instructions as prepared by EJCDC consider a formal “Closing” or contract signing meeting. All references to a Closing, contract signing event, are intended to be deleted. Notice of Award will be issued by Owner, all requirements of Conditions Precedent (bonds and insurance) will be completed by contractor within 10 days after issuance of Notice of Award and forwarded to DIXON who will then compile Contract Documents. Three sets of documents will be sent to Owner for signature and distribution. One executed copy will be retained, one executed copy will be sent to the Contractor and one to DIXON. There will be no meeting for signing unless required by Supplemental Instructions. 20.02 This Contract contains a combined Bid/Agreement form. The Bidder signs Article 1 as Bidder. The Owner will issue a Notice of Award and request Bonds and insurance and possibly other items (Conditions Precedent). When the Conditions Precedent are met, the Owner signs Article 2 of the Bid/Agreement making the document an Agreement document. 20.02 The executed copy will be accompanied by three copies of signed Notice to Proceed. Within five days of the date on the Notice to Proceed, the Bidder will sign the Notice to Proceed and return a copy to DIXON. If DIXON does not receive the accepted Notice to Proceed in five days, then the Notice to Proceed will be considered accepted by default. The Notice to Proceed will be dated on or around the contract date. The actual contract start date, completion date, etc. will be the same as the Effective Agreement Date, or as noted in the Project Summary. 20.03 Notice of Award; Effective Date of Award (Effective Date of Agreement): If the Contract is awarded by Owner, such award shall be effective when the Notice of Award has been delivered to the successful Bidder (“Effective Date of Award”). The Effective Date of Agreement is the date the BID/Agreement is signed by the Owner. 20.04 The acknowledgement of the Notice of Award, the submittal of additional requested materials, the Contractor’s Certifications, and acceptable certificate(s) of insurance and Performance and Payment Bonds shall be considered Conditions Precedent to the Contract. 20.05 Failure to timely execute or submit any of the Conditions Precedent shall be grounds for the imposition of liquidated damages. The liquidated Damages will be equal to the Bid Security. If the submitted documents or any of them fail to comply with these Instructions or OAK BROOK - INSTRUCTIONS to BIDDERS - 12 Supplemental Instructions to Bibbers, Owner may, in its sole discretion, annul the award or allow the successful Bidder an opportunity to correct the deficiencies. 20.06 In no event will Owner execute the Agreement until any and all such deficiencies have been cured or Owner has received adequate assurances, as determined by Owner, of complete and prompt performance. 20.07 Annulment of Award; Liquidated Damages: The failure or refusal of a successful Bidder to comply with the Conditions Precedent to Closing or to Close shall be just cause for the annulment of the award and the imposition of liquidated damages. 20.08 Subsequent Awards: Upon annulment of an award, Owner may accept, and award a Contract based on, any other Bidder’s Proposal as Owner, in its sole judgment, deems to be the best or may invite new Proposals or may abandon the bidding process or the Work. ARTICLE 21 – NON-DISCRIMINATION 21.01 Non-Discrimination: Do not discriminate in employment practices. 21.02 Bidders shall, if requested, submit a compliance report concerning their employment practices and policies in order to maintain their eligibility to receive the award of the contract. 21.03 Successful Bidders shall, if requested, submit a list of all subcontractors who will perform work on the project and written signed statements from authorized agents of the labor pools with which they will or may deal for employees on the work, together with supporting information to the effect that said labor pools’ practices and policies are in conformity with Equal Employment Opportunity, including latest federal and local policies. Labor pools will affirmatively cooperate in or offer no hindrance to the recruitment, employment, and equal treatment of employees seeking employment and performing work under the contract, or a certification as to what efforts have been made to secure such statements when such agents or labor pools have failed or refused to furnish same prior to award of the project. 21.04 Successful Bidders shall comply in all respects with the Labor Standards Contract Provisions regarding non-discrimination on this Project. 21.05 Bidder agrees that in the hiring of employees for the performance of work under this Agreement or any sub-agreement, neither the Contractor, nor any Subcontractor, nor any person acting on behalf of either, shall by reason of race, creed, or color, discriminate against any citizen in the employment of labor or workers who are qualified and available to perform the work to which the employment relates; nor shall the Contractor, or any Subcontractor, or any person acting on behalf of either, in any manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, creed, or color. ARTICLE 22 – NON-COLLUSION 22.01 Collusion between Bidders will be cause for rejection of affected bids and may be cause for rejection of all bids. Multiple bids submitted by one bidder under the same or different names, whether as individual, firm, partnership, corporation, profit or non-profit, affiliate, or association will be cause for rejection of bids. A subcontractor is not a Bidder and he may submit prices to multiple Bidders. OAK BROOK - INSTRUCTIONS to BIDDERS - 13 ARTICLE 23 – ALTERNATE BIDS OR RESTRICTIONS ON BIDS 23.01 Items that affect the scope of the project and not addressed by addenda will not be accepted as an alternate bid. 23.02 Alternate bids will automatically be considered non-responsive. A. Such bids may be examined prior to project award and may result in bid cancellation, followed by new bids, including the alternate. B. Discounts to the Owner for payment within a stipulated period of time will not be considered conditional or qualified bids. Discounts will be accepted, but not considered in bid price evaluation for bid award. C. Interest clauses will be considered a qualified bid. ARTICLE 24 – CONTRACTOR’S RESPONSIBILITIES A. Owner is exempt from payment of sales and compensating use taxes in the state and of cities and counties thereof on all materials to be incorporated into the Work. 1. Owner will furnish the required certificates of tax exemption to Contractor for use in the purchase of supplies and materials to be incorporated into the Work. 2. Owner’s exemption does not apply to construction tools, machinery, equipment, or other property purchased by or leased by Contractor, or to supplies or materials not incorporated into the Work. OAK BROOK – SUPPLEMENTAL INSTRUCTIONS to BIDDERS - 1 SECTION 00 20 10 SUPPLEMENTAL INSTRUCTIONS to BIDDERS 1.01 A mandatory pre-bid conference will be held at the time and location indicated in the Advertisement or Notice to Bidders. Representatives of Owner and Engineer will be present to discuss the Project. Proposals will not be accepted from Bidders who do not attend the conference. It is each Bidder’s responsibility to sign in at the pre-bid conference to verify its participation. Bidders must sign in using the name of the organization that will be submitting a Bid. A list of qualified Bidders that attended the pre-bid conference and are eligible to submit a Bid for this Project will be available from DIXON. A. Information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-Bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum. 1.02 Prevailing wages are required. 1.03 Non-discrimination in Employment is required. SECT10N 00 05 00 BID/AGREEMENT FORPI NTRACT The terms used in this Bid/Agreement Follll With initial capital lettcrs havc the meanings statcd in the lnstructions to Bidders,Supplemcntal lnstructions to Bidders(if applicablc),the General Conditions,and the Supplemcntav Conditions. ARTICLE l―BID/AGREEⅣIENT SIGNATURES AND BID l.0l By signing this Bid Proposal, Contractor acknowledges that this Bid Form becomes an Agreement upon acceptance and signature of Owner below in Article 2. 1.02 Receipt of Addenda - Bidder hereby acknowledges receipt of the following Addenda: Attach sheet if more rows are needed. Addendum Number Addendum Date SIGNATURE―Addendum Received /‐)〃 左ァフ_っ _1Z‐16¨21 夕 ″′´ 1.03 Base Bid including - Bidder will complete the Work in accordance with the Contract Documents, all labor and material, for the following Total price which is the Sum of prices from the ion 00 06 00: $響 畔 堕ITム ヽps t7し トLump Sum Prices are based on the Schedule of Values - Section 00 06 00. Unit Prices have been computed in accordance with the General Conditions and listed in Schedule of Values. Bidder acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents. Bidder acknowledges that Lump Sum bids are actually itemized bids based on the Schedule of Values, and further agrees and acknowledges the alternatives and conditions set forth in the Schedule of Values. 1.04 This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 1.05 Bidder agrees that no less than the prevailing rate of wages as found by Owner or the Department of Labor or determined by the court on review, shall be paid to all laborers, workmen, and mechanics performing work under this Contract. 躊躍ビ｀ OAK BR00K¨BID/AGttENIENT FORM-1 1.06 BIDDER hereby submits this Bid to: Owner: Village of Oak Brook, Illinois. Address of Owner: 3003 Jorie Blvd., Oak Brook, lL 60523 Era-Valdivia Cont Inc.Bidder: By: Name: Title: Date:Jοrη 7・ iれ た″″α″θグ θrgα ″ノzα ′′οり (individual's s ignature) Jose G.Valdivia President 2-23-21 If Bidder is a Attest: ', or a joint venture, attach evidence of authority to sign. (individual's s ignatur e) Gregory D. BairaktarisName: Title: Date: EVC―PM 2-23-21 Address for giving notices: 11909 South Avenue O, Chicago, lL 60617 Bidder's Contact and Agent for Service or Process: Jose G. Valdivia Name: PresidentTitle: Phone: Email: 773-721-9350 gener al@er aval d i vi a. c om (Email will be usedfor Electronic Document Transfer Protocol.) All Business Entities Date of Qualification _ : r_ls r!l_to do business in Illinois [State Where Project is LocatedJ is OAK BR00K―BID/AGREEblENT FORM-2 ARTICLE 4 - ATTACHMENTS TO THIS BID 4.02 The following documents are submitted with and made a condition of this bid: A. Required bid security, including evidence of authority to do business in the state of the project; or a written covenant to obtain such authority within the time for acceptance of bids. B. Contractor's license number as evidence of bidder's state contractor's license or a covenant by bidder to obtain said license within the time for acceptance of bids. C. Bidder qualification statement with supporting data (submitted 10 days prior to bid opening), unless contractor is prequalified. ARTICLE 5 - TIME OF COMPLETION 5.01 Bidder agrees that the Work will be substantially complete and will be completed and Ready for Final Payment in accordance with the General Conditions on or before the dates or within the number of calendar days indicated in this Bid/ Agreement, or in the Project Summary. 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages, Special damages, and Set-offs in the event of failure to complete the Work within the Contract Times, or within Milestone dates or in compliance with the specifications and General Conditions. ARTICLE 6 - BIDDER'S REPRESENTATIONS AND CERTIFICATIONS 6.01 Bidder'sRepresentations A. In submitting this Bid, Bidder represents the following: l. Bidder has examined and carefully studied the Bidding Documents, including Addenda. 2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the work. Bidder is strongly encouraged to visit the site prior to the pre-bid meeting. 3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings, if any. 5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. OAK BR00K¨BID/AGREEMENT FORM‐4 6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and (c) Bidder's (Contractor's) safety precautions and programs. 7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, 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. 8. 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. 9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and fumishing of the Work. I 1. The submission of this Bid constitutes an incontroveftible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and fumishing the Work in the State required by the Bidding Documents (Project). 12. Bidder has been prequalified for projects of this design, size, and complexity, or submitted Qualification forms ten (10) days prior to Bid Opening. 6.02 Bidder's Certifications A. The Bidder certifies the following: 1 . This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 3. Bidder has not solicited or induced any individual or entity to refrain from bidding. 4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this paragraph: a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. OAK BR00K‐BID/AGttEblENT FORM-5 Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition. Collusive practice means a scheme or affangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution ofthe Contract. 6.03 Affirmations of Bidder Transferred to Contractor A. All references to Bidder in Paragraph 6.01 and 6.02 in these affirmations, representations, and certifications will change to the term Contractor if this Bid becomes an Agreement. ARTICLE 7 _ TIME REQUIRED TO EXECUTE AGREEMENT 7.01 Time Framework for Award Execution - The Owner will open bids on the bid date. After opening, no bid may be withdrawn or altered for sixty days, unless specifically stated elsewhere. The Owner may negotiate with the low Bidder and mutually both parties may alter bid (i.e. partial award of project). The Bidder will be notified of award within sixty days of bid date, unless stated elsewhere or mutually extended. Notice of Award form will be sent by fax, mail, or email. Within ten business days of Notice of Award, supply the Engineer with three original sets of separate Payment, Performance, and Maintenance Bonds. Supply three original sets of Certificates of Insurance meeting requirements of Supplementary Conditions 6.02 - 6.07. Insurance companies and insurance forms must be standard to the industry and acceptable to the Owner. Failure to submit bonds and/or insurance within the time frame will be considered a default, a failure to perform as required by the Bid Bond. The Owner, at his option, may waive default, delay default, or proceed with capture of the Bid Bond as liquidated damages which will become the Owner's property. Bonds and insurances are to be submitted to the Engineer for review. The Owner will within twenty days of receipt of approved bonds and insurances from the Engineer execute the Agreement and send a signed copy to the Contractor. The executed copy will be accompanied by three copies of theNotice to Proceed. Within five days of the date on the Notice to Proceed, the Bidder shall sign the Notice to Proceed b. C. d. OAK BR00K―BID/AGREEⅣ田 NT FORM-6 and return a copy to the Engineer. If the Engineer does not receive the accepted Notice to Proceed in five days, then the Notice to Proceed will be considered accepted by default. The Notice to Proceed will be dated on or around the Effective Date of Agreement. ARTICLE 8 _ BID ACCEPTANCE 8.01 Bid Acceptance: A. The above Bid is accepted by the Owner and shall become a Contract Agreement binding on all parties after signing by an authorized representative of the Owner in Article 2 of this Bid/Agreement Form. B. All references in the second portion of this form are Agreement terminology. Bidder is now referred to as Contractor. Where appropriate, the term Bidder in the Bid/Agreement form is changed to Contractor. ARTICLE 9 _ ENGINEER 9.01 The Owner has retained Dixon Engineering, Inc. (DIXON) to act as Owner's representative, assume all duties and responsibilities of Engineer, and RPR, and have the rights, limitations of responsibility, and authority assigned to Engineer in the Contract. ARTICLE 10 _ CONTRACT TIMES 10.01 Time is of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and Readiness for Final Payment as stated in the Project Summary and these Contract Documents are of the essence of the Contract. B. The Work shall be Substantially Completed, and completed and ready for Final Payment on or before the dates or time period as required by the Project Summary 00 00 40. 10.02 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in the Project Summary 00 00 40, plus any extensions thereof allowed in accordance with the General Conditions and approved Change Order. The parties also recognizethe delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that Liquidated Damages are for delay (but not as a penalty) and agree to the Liquidated Damages listed in the Project Summary 00 00 40. B. If Milestones are identified in the Project Summary 00 00 40 as essentialto the proper sequencing/or coordination of work with others, or to the successful compliance with the project Substantial Completion date, Liquidated Damages are identified in the Project Summary. C. Liquidated damages for failing to timely attain Milestones, Substantial Completion, and final completion are additive, and will be imposed concurrently. OAK BR00K―BID/AGREEMENT FORM-7 10.03 Special Damages A. Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor's failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in the Project Summary for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete. B. After Contractor achieves SubstantialCompletion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), and if necessary to hire other Contractors to complete portions of the Work, untilthe Work is completed and ready for final payment. C. The special damages imposed in this paragraph are supplemental, in addition to, any liquidated damages for delayed completion established in this Agreement. ARTICLE 11 _ CONTRACT PRICE I 1.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equalto the sum of the amounts determined pursuant to Schedule of Values and this Bid/Agreement. 11.02 As provided in the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. ARTICLE 12 - PAYMENT PROCEDURES 12.01 Submittaland Processing of Payments A. Contractor shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed by DIXON as provided in the General Conditions. 12.02 Progress Payments; Retainage A. Owner shallmake progress payments on the basis of Contractor's Applications for Payment once each month during performance of the Work as provided in Paragraphs 12.02.A.1 through 12.02.A.7 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established and by protocol as provided in 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 Conditions. The following is a protocol used for partial completion of an individually listed lump sum item e.g. wet interior painting. All items may not apply to this Agreement. l. The wet interior, surface preparation by abrasive blast cleaning will be considered equal to 40 percent ofthe line item and each coat ofpaint 20 percent. OAK BROOK - BID/AGREEMENT FORM - 8 2. The exterior, surface preparation by high pressure cleaning and power tool cleaning will be considered equal to 40 percent of the line item work and cost and each full coat of paint 15 percent. The remainder will be for lettering, demobilization and cleanup. 3. Dry interior painting and repairs will not be broken down. 100 percent completion is required before they will be considered for payment. 4. Mobilization is included in the surface preparation allotment for the items above. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated above but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract. Retainage to be held as follows: l0o/o of the dollar value through 50% completion; 5% of the dollar value through 100% completion. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 90 percent of the Work completed, less such amounts set off by Owner pursuant to the General Conditions, and less 150 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 12.03 Final Payment, Consent of Surety A. Upon final completion and acceptance of the Work in accordance with the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer. B. Owner reserves the right to not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release. Determination to require Consent will be based on the Engineer's sole decision as to the levelof confidence in Contractor's Work practices, their payment of employees, certified payrolls (when required), or the potential of future claims against the Owner or Contractor. C. Nothing in this Article l2 imposes a requirement on the Contractor to submit once monthly invoices or statements. This article establishes the Protocol to follow if requesting Partial Payments. The Contractor, at their option may submit one final pay request per Article l5 of the General Conditions. ARTICLE 13 - CONTRACT DOCUMENTS 13.01 Contents A. The Contract Documents consist of the following: l. This Bid/Agreement including Sections 00 00 40 Project Summary and 00 06 00 Schedule of Values. 2. Performance bond. 3. Payment bond. OAK BROOK - BID/AGREEMENT FORM - 9 C. D. 4. Maintenance (Warranty) bond 5. General Conditions, 6. Supplementary Conditions, 7 . Technical Specifications and Drawings (if any) as listed in the table of contents of the Contract Documents. 8. Addenda as listed on page l. 9. Exhibits to this Agreement (enumerated as follows): a. Illinois - Non-Collusion Affidavit, Contractor Certification, Certification for Contract, Certificate of Compliance with Section l1-42-.1 of the Illinois Municipal Code. 10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Order(s). d. Field Orders. B. There are no Contract Documents other than those listed above in this Article 13. C. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 14 - MISCELLANEOUS 14.01 Assignment of Contract A. No assignment by a party hereto of any rights under 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. 14.02 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 to all covenants, agreements, and obligations contained in the Contract Documents. OAK BR00K―BID/AGREEMENT FORM‐10 14.03 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, who agree 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. OAK BR00K‐BID/AGttEMENT FORM-11 NON‐COLLUS10N AFFIDAVIT The Bidderis required to execute and subnlit with his Bid,the Non―CoHusion Affldavit: Hlinois State of County o食 Cook Bid ldentiflcation: Village ofOak Brook 250,000 GL Spheroid(East and Wcst Tank)Rcpainting CONTRACTOR Era-ValdiviaContractors, Inc., being first duly sworn, deposes and says that he is (sole owner, a partner, president, secretary, etc.) of the party making the foregoing BID; that such BID is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such BID is genuine and not collusive or sham; that said BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham BID, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham BID, or that anyone shall refrain from bidding; that said BIDDER has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the BID price of said BIDDER or of any other BIDDER, or to fix any overhead, profit, or cost element of such BID price, or that of any other BIDDER, or to secure any advantage against the OWNER awarding the CONTRACT or anyone interested in the proposed CONTRACT; that all statements contained in such BID are true; and, further, that said BIDDER has not, directly or indirectly, submitted his BID price or any breakdown thereof, or the contents thereof, of divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, BID depository, or to any member or agent thereof, or to any other individual except to such person or persons as have a partnership or other financial interest with said BIDDER in his general business. Subscribed and sworn to before ine this the day o■ February 23,2021 Seal of Notary: OFttciAL SEALJESuS ALVAREZ 鱚 [蕊 慨‰112-21-21 CONTRACTOR CERTIFICATION Jose G' valdivia - Pt"l9:nt-, being first duly sworn on oath, deposes and states that all statements herein r,thaithisdeponentisauthorizedtomakethem,andthatthestatements contained herein are true and correct. Contractor deposes, states, and certifies that Contractor is not barred from bidding and/or contracting with a unit of state or local govemment as a result of (i) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless Contractor is contesting in accordance with the procedures established by the appropriate Revenue Act, its liability for the tax or the amount of tax, as set forth in 65 ILCS 5111-42.1-1; or (ii) a violation of 720ILCS 5/33E-l et seq. Dated this day of February 20 21 . Attest/u/i Titlci Subscribed and sworn to before me this the 23rd dav of BI二 ど磁傷L左 20 21February My Commission Expires: 12-21-21 CERTIFICATION FOR CONTRACT The undersigned, as a duly authorized representative ofthe Contractor, hereby certified to the (Client) Village of Oak Brook Illinois, that the Contractor is fully aware of and able to comply with all Local, State, and Federal Safety Laws and Regulations applicable for the construction of the Project known as (Project): Village of Oak Brook 250,000 GL Spheroid (East and West Tank) Repainting Jose G. Valdivia - President Era-Valdivia Contractors, Inc. Company 2-23-2021 CERTIFICATE OF COPIPLIANCE WITH SECT10N ll¨42-。10F THE ILLINOIS DIIUNICIPAL CODE The undersigned, upon being first duly swom, hereby certifies to the (Client; Village of Oak Brook that Era-Valdivia Contractors, Inc. (Contractor) is not currently delinquent in the payment of any tax administered by or owed to the Illinois Department of Revenue, or otherwise in default upon any such tax as defined under Chapter 24, Section 11-42-.1Illinois Revised Statutes. Era-Valdivia Contractors, Inc. Title Subscribed and swom to before me this 23rd day of Februarv 2021 , President 12-21-21 SECTION 00 06 00 SCHEDULE ofVALUES PART l l.01 LINE ITEⅣIS EAST TANK A. Bidder agrces to perfolHl aH work in the fo1lowing sectiOns as dcscribcd in the COntract Documents,including aH labor and lnatcrial fbr thc foHowing Schedule ofヽ ″alues――Scction 050000: 2.OVEMLOW DISCHARGE MODIFICATION 3.MUD VALVE TOTAL PRICE SECT10N 05 00 00 1NCLUDING#l THROUGH#3: B. Bidder agrees to perfollll aH Work in thc fOllowing sections as described in the Contract Documents,including aH labor and material for the foHowing Schedulc Of Valucs――Section 090000: 1.EXTERIOR OVERCOAT θθθ′″″ DRY INTERIOR SPOT RIPAINT ^ `´、 _ ″ノ OAK BR00K―SCHEDULE ofVALUES‐11.TOP PLATFORNI MODIFICATION 3.SEAM SEALER 000′ TOTAL PRICE SECT10N 09 00 001NCLUDING#l THROUGH#4: こ こ'C. Bidder agrees to perfollll aHヽ VOrk in the follo、ving Sections as described in the COntract Documents,including aH labor and lnaterial fbr the foHowing Schedule of Values――Section 130000: MIXER EAST TOTAL PRICE SECTION 05 00 00,09 00 00 AND SECTION 05 00 00: $ SECT10N 09 00 00: $ SECTION 13 00 00: $ EAST TANK PROJECT TOTAL: $ 1.6D.ESTIMATED COST ALREADY INCLUDED IN EXTERIOR AND DRY INTERIOR PAINTING TO PROTECT AND WORK AROUND ANTENNAS AND CABLES. OWNER RESERVES THE RIGHT TO DELETE THIS AMOUNTIF THE ANTENNAS AND CABLES ARE REMOVED. ′夕´、4′ WEST TANK A. Bidder agrees to perlollll Documents,including aH 050000: 1.TOP PLATFORM PII allwork in the following labor and material for the sections as described in the Contract following Schedule of Values - Section TOP PLATFORM PIIODIFICATION OVEMLOW DISCHARGE MODIFICATION SAMPLE TAP OAK BR00K―SCHttDULE of VALUES‐26.EXTERIOR BOWL.RISERn AND BASEBELL―DARK TOPCOAT ALTERNATE s θ_00 3.MUD VALVE EXPANSION」OINT FEPLACEⅣlENT TOTAL PRICE SECTION 05 00 00 1NCLUDING#l THROUGH#5: TOTAL PRICE SECTION 05 00 00 1NCLUDING#I THROUGH#3: B. Bidder agrees to perfollll aHヽ VOrk in the fo1lowing sections as described in the COntract Documents,including aH labor and rnaterial fbr the foHo、ving Schcdule of Values――Section 090000: 1.EXTERIOR OVERCOAT θθ′´′ 6.EXTERIOR BOWL,RISER,AND BASEBELL―DARK TOPCOAT ALTERNATE TOTAL PRICE SECTION 09 00 001NCLUDING#l THROUGH#4: C. Bidder agrees to pcrfollll aH WOrk in the fO1lowing Sections as described in the Contract Documents,including aH labor and rnaterial fbr the fo1lowing Schedule of Values――Scction 130000: 1.MECHANICAL MIXER WET INTERIOR REPAINT DRY INTERIOR SPOT REPAINT EXTERIOR BOWL―DARK TOPCttAT ALTERNATE OAK BR00K―SCHEDULE ofVALUES‐3$ ~ WEST TANK TOTAL PRICE SECT10N 05 00 00,090000 AND 13 00 00: SECTION 05 00 00: SECTION 09 00 00: SECTION 13 00 00: WEST TANK PROJECT TOTAL: D.ESTIMATED COST ALREADY INCLUDED IN EXTERIOR AND DRY INTERIOR PAINTING TO PROTECT AND WORK AROUND ANTE■lNAS AND CABLES, OWNER FESERVES THE RIGHT TO DELETE THIS AMOUNTIF THE ANTENNAS AND CABLES ARE REMOVED.s 0.oo EAST TANK TOTAL: WEST TANK TOTAL: PROJECT TOTAL:|I.O2 TOTALS A. Project Total Base Bid is to match total Base Bid price supplied in Bid/Agreement form. 1.03 ALTERNATE BIDS A. Bidders are required to bid on the alternate line items. 1.04 MISTAKES A. Project Total of Schedule of Values paragraph should equal sum of individual items. If the addition of individual items does not match total, then each individual item will be added again and the math corrected. B. A mistake in addition for schedule items cannot be used to increase lump sum bid. If Bid correction results in an increased price, then Owner may accept, may request Bidder to reduce all individual item prices proportionally, or may reject Bid. C. Mistakes discovered after Award, even after completion will adjust Price downward only. It is the Contractor/Bidders responsibility to recheck prices prior to Award. D. A mistake in Schedule of Values may be used as evidence of error in any request to withdraw bids because of error. Approval of request to withdraw bids is covered in the Information for Bidders. This section is not intended to confli ct any portion of the bid package. Approval of bid withdrawal will be based solely on the Owner's interpretation of the severity of the mistake. `6ο ´"θθ′.′ θθ′.OAK BR00K―SCHEDttE of VALLJES¨4 1.05 CHAI\GES in SCHEDULE of VALUES by OWNER A. The owner reserves the right to delete any line item of Par. 1 .01 adjusted line item; except for coating work, at their sole discretion for any reason. All contract general costs (mobilization, demobilization, bonds, etc.) should be evenly distributed over the coating items which are not subject to deletion. B. The Bidder/Contractor is advised not to overload any specific deductible line item. It could result in loss of profit if the overload item is deleted. C. This deletion of items or not including alternates is an expressly stated reservation (a contractually agreed automatic negotiation). Any deletion of specific line items will be completed before selection of the lowest responsible/responsive Bidder. Change will be reflected in the Notice of Award CNOA). 1.06 NON-DELETABLE WORK BEFORE and AFTER NOA A. Bidders are advised that all line items except for base bid coating work may be deleted from the project prior to award. Any deletion of line items, or increase or decrease in unit cost items deemed necessary after the Notice of Award, will be completed through the Change Order procedure. Prices used in the Schedule of Values will be used in the Change Order adjustment. OAK BR00K― SCHEDULE ofVALUES-5 Director of Apprenticeship & Training ALLiED ttRADES DISttRiCtt CouNCIL 30 Joint Apprenticeship & Iraining Iund November 25,2013 This letter is to confirm that ERA Valdivia Contractors, lnc, is a signatory contractor of painters District Council No.30 and is participating in PDC #30's Joint Apprenticeship & Training Fund. Below is a copy of PDc #30 JATF's Apprenticeship Program certificate of Registration with the United States Department of Labor for the trades of Painters, Glaziers and Drywall Finishers. **************∨01D90 DAYS FROM ISS∪E DAttE*******+******* .::.::k prrexrr uf .A,pprrnfi *\iV rnb @rairring $*rtrfi ubrf fltegirf rdirr PAINTf,R.S r* AI-L'IIO TRAI'r.S DISTRTCT COIjNCTL#'O Joloa Anprctrtishlp Tnlnlog f,.und Dr'r rh. l"dd6 of: t'.i.i.. , (iLrbi, & ,f-rFr'aDrlxrff ,.histGr) Seguis lcre 4 a-s p t/ o/ t6e'.Xa fu'on af Z2pru lz.oes:lp Tlogr-* io aooardanae uils{ /6e Sastb sladandt olfap.prenlicn"-i)V es/o6Tr:rlb,/ 53r r'6a da.-a/ar3t o/' 6o6or llЮ図粛m94 恥Seqoola mい Ψ≒:‐ oe228 information please call our office at 630-966-1451. Aメ :フ 19・|` は 111‐ | Era-Valdivia Contractors, Inc. げ Prastttお ・釜ゝ五:Chicago, IL has met or exceeded the requirements set forth in the SSPC Painting Contractor Certification Program for INDUSTRIAL HAZARDOUS PAINT REMOVAL SSPC‐QP2 “A" Category March 3l,2O2O - March 31,?ff21 ccnlu山 (I● “ ■-1`剌 嶽 we“=Er.l‐Val●、|●(■n“ “ ヒr.:“ Chc型ゅ.:L ∝rrs alc」ヽ∥ ““ l“n●u SSPc●411・ "1・ "3:c、 ●235(rc、●2■ "“ い●llり auuに 口¨it,【f utttun QP2 yarrdarl.・ 8P`″′οど SSR‐Hl,T,um腱 ∥:】rcCP ruls v. ,d, :()19 |■ 塵 The Society For Protective Coatings March 31,2020- March 31,2021 ンし′′滋″′わ″Pa″わ″ ^CCR`0,マ E0 Cqlificdi6 fa da.. liil.d $qc to Fr}Vd.Ivir CorEbr lE Chiego, lLOwgrsc.dvit dbcdrsrSSFCa,al2.2ll-2llI ql 221,qcit 2209bwifyf,rhadcityofcgifiqilr SSP(' Un TMhdl Dr P[lrb{rth. PA I 320s PCCP Dlo V roly 20t9i"S●CCマ ,0"●●●VEra-Valdivia Contractors, Inc. Chicago, IL has met or exceeded the requirements set forth in the SSPC Painting Contractor Certification Program for FIELD APPLICAT10N OF COATINGS COMPLEX STRUCTURES SSPC I QPl げ "h" s0ilTR4 B′d Bord CONTRACTOR: Nme,純 ″`"““ ′酬れ,Era Valdivia Contractors,inc l1909 South Avenue O Chicago,IL 60617 0WNER: NW、1響 ty″″Is″″α`a電 ψ V age of Oakbrook 1200 0ak Brook Rd Oakbrook,IL 60523 80ND AMOUNT: 10% PRO」ECT: Document A310TM-2010 Ten Percent of Amount Bid This docurn€nt has important legal cons€quenae3. Consulladon v/ilh an attorney ls encouraged wilh ..specl to its completion ot inodlfication. Any sinEular roferonco !o Cont ac,to., Surety, Orvner o, othe! party shall b€ consid6r6d plural where applicable. Conforms with The Amerl●an instltlte ofArchitects A:A Document310 SURETY: ヽ…、′撃 “ ・lrarr“′″771,Crrprrf′た `√み:mに対 Great American lnsurance Company 301 East Fourth Street Cincinna∥,OH 45202 Ma∥!ng Address for No●ces Same As Above Thc Coltrcctorand Surcty crc bound to thc ONncrin lhc anoult sct fonh abotc. for lhc pcyncnt ofrrhich thc Conr.ctor and Surcty bhd lhcmschcs. thcir hcirq cxc.[tor& odministrators, succcssors and assigN,joi ll!,and scvcrall!',0s providcd hcrein. Tlrc colditions oithis Bo[d itc suoh llEt ifthc Olvncr aqccpls thc bid ofthc Contractor uilhin thc timc spccificd in thc bid documcrts, or nithin suclr tinrc pcriod as nay be agrecd to by thc Owter aud Colttractor, and thc Contractor either (l ) cnte.s into a cootmct \vith tle Orvncr il accordance rvith thc tcrms ot'snchbid, attd gives such bord or bonds os may bc spccifcd in dre biddi[g or Contract Docum.rts, rvilh a suretv admitted i,l the jurisdicrion ofthe I'rojcot alld olheNise acccptablc to the Otutet tbr lhe tiithful perfonu0Dcc olsuch ContEct and for thc pronrpt paymcnt ofhbor ond nEtetial funtishcd in thc prosec ion lhereof; or(2) pots to the Orrnerthe dil'l'erelrcc, nottocxccqd lhconrouniof this tson4 b.trve.n lhcaurount spcciticd in said bid and such largera,[ount forNltich thc Orrner nray in good faith conrract rvith anothcr Surct!' htreby lvaivcs any notice ol un l8reenrctt belrre the O$rcr ond Contrdotor lo exterd lhe timc ir rvhioh lhe Orv&rfaynccell thc bid. Waiverol'nolicc b!'thc Surcty shlll not apnly k)tl y exlcnsion cxccedirg sixly (60) dnys in thcaggrcgatc bcj/ond llle timeii)r ' occe once ol'bids spccilicd in lhe hid docunlent$, a[d thc ONner attd O)ntructor stall obtain lhc Surclys co senl lirr on extcnsion bc]rnd sixlr- (60) duys. Ifthis Bond is issucd ir conncction Nitha subcoDlErcto/s bid to a Co tr.ctor,lhq tcmr Contractorin this Bond shall bc dccmed to bc Subcontractor and lhc tcrm O$ncr shrll bc dcqmcd to bc Co lractor. lhis Bond conllicting nith slrid stdtutory or legsl requirenr€nt shall be dcenred deleted here|onr uld pn)risions oonli)rming to such usn slatuloD bord ard notasa connnon llrlv hnld. (Norrra, locdrion ot dddress atd l,roject tu$en if a4') 250,000 Gallon Spheroid (East and West Tanks) - Exterior Overcoat, Wet lnterior Repaint, Dry lnterior Spot Repaint and Misc. Repairs.F2021 Great American lnsurance Company Era Valdivia Contractors, `P励 ′●IPalJ ρ ″り S0054/AS 8′ 10 ハに, GREAT AMERiCAN:NSURANCE COMPANYQ Administrative Ofrice:301E4TH STREET ● CINCINNATl,OH:045202● 513‐369‐5000 ● FAX 513‐723‐2740 The number ofpersons authorizcd by this powcr ofattomey is not morc than FOUR No 0 20195POWER OFATTORNEYKNOWALL ⅣIEN BY THESE PRESENTS:Thatthc GREATAMERICAN INSURANCE COMPANM acorpOratiOn organized andcxisting under and by virtuc ofthc laws ofthe State of()hio,docs hcrcby nominatc,constitutc and appoint the person Or persons namcd beloν t cach individuany ifrnore than one is narncd,its me and lawttl a■orncy‐in‐fact,for it and in its nalllc,placc and stead to cxccutc on bchalfOfthe said Company,as sureり 、any and all bonds, undcrtakings and contracts ofsurc,ship,Or other lvrittcn oblgations in thc naturc thcrcol provided that the liability ofthe said Company on any such bond, undcrtaking or contract ofsuretyship executed undcr this authorit/shJi nOt cxceed the limit statcd bclo、vNarncPETER S FORKER 」EFFREY S CIECK0 TAMMY L WHICKER STEPHAN:E C ANDERSON ′ “ お″″′,c″々77 STATE OF OH10,COUNTY OF HAMILTON‐ssi Addrcss ALL OF CHICAGO,ILLINOIS Limit ofPowcr ALL $100,000,000 This Power ofAttomey revokes all previous powers issued on behalfofthe attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREATAMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 5TH day of APRIL 2019 Attest GREAT AMERICAN NCE COMPANY 鰈 ノ毎43ニ 脇 l)itisional Senior Vice l'resident On this sTH day of APRIL , 2019 ,beforemepersonallyappearedMARK VICARIO,tomeknown, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American lnsurance Company, the Company described in and which executed the above instrumentl that he knows the seal of the said Companyl that the seal affixed to the said instrument is such corporate seal, that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name tlereto by like authority. 摘 A tthぼ 町鴫贅由ご0わ My鮨 耐日mitth酬 開囲 MARK ViCAR10(877-377-2405) ル ー』為 This Power ofAttomey is granted by authority ofthe following resolutions adopted by the Board of Directors ofGreatAmerican Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisiorwl President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one ofthem, be and hereby is authori:ed,Jrom time to time, to appoint one or more Attorneys-in-Fact to execute on behalfofthe Company, as surety, any and all bonds, undertakings and contacts ol suretyship, or olher written obligations in lhe nalure thereof to prescribe their respective duties and the respective limits of their authority: and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of aryt of the aforesaid ofrcers and any Secretary or Assistant Secretary of the Company may be afixed byfacsimile to any power of attorney or certfrcate of either givenfor the execution of any bond, undertaking, contract of swetyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signatwe of such oficer and the original seal of lhe Company, ro be valid and binding upon the Company with the same force and effect as though manually afixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certi$/ that the foregoing Power ofAttomey and the Resolutions ofthe Board ofDirectors ofJune 9,2008 have not been revoked and are now in full force and effect. Signed and sealed this S1029AG(07/18) Assislanl Secrelary PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: [insert contractor name and address here:] as Principal (hereinafter called the “Contractor”) and [insert surety name and address here:] , organized and existing under the laws of the State of _______________ (hereinafter called the “Surety”) are held and firmly bound unto Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, Illinois, as the obligee (hereinafter called the “Owner”), in the full and just sum of [insert full contract price here:] $__________________________ for the payment of which sum of money well and truly to be made, the Contractor and the Surety bind themselves and their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, said amount to include payment of actual costs and damages and for attorneys’ fees, architectural fees, design fees, engineering fees, accounting fees, testing fees, consulting fees, administrative costs, court costs, interest and any other fees and expenses resulting from or incurred by reason of the Contractor’s failure to promptly and faithfully perform its contract with the Owner, said contract being more fully described below, and to include attorneys’ fees, court costs and administrative and other expenses necessarily paid or incurred in successfully enforcing performance of the obligation of the Surety under this bond. WHEREAS, the Contractor has entered into a written agreement dated [insert contract date here:] __________________, 201__, with the Owner titled [insert contract title here:] ______________________________________________________________________” (the “Contract”), the terms and conditions of which are by this reference incorporated herein as though fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Contractor shall well, truly, and promptly perform all the undertakings, covenants, terms, conditions, and agreements of the Contractor under the contract, including but not limited to the Contractor’s obligations under the Contract, (1) to provide, perform, and complete at the Work Site and in the manner specified in the Contract all necessary Work, labor, services, transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste disposal, information, data, and other means and items necessary for [insert general description of the Work here:] _________________________________________________________________________________; (2) to procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith [except as otherwise expressly provided in the Attachment ___ of the Contract]; (3) to procure and furnish all bonds, certificates, and policies of insurance specified in the Contract; (4) to pay all applicable federal, state, and local taxes; (5) to do all other things required of the Contractor by the Contract; and (6) to provide, perform, and complete all of the foregoing in a proper and workmanlike manner and in full compliance with, and as required by and pursuant to, the Contract; all of which is herein referred to as the “Work,” whether or not any of the Work enter into and become component parts of the improvement contemplated, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety, for value received, hereby stipulates and agrees that no changes, modifications, alterations, omissions, deletions, additions, extensions of time, or forbearances on the part of the Owner or the Contractor to the other in or to the terms of said Contract; in or to the schedules, plans, drawings, or specifications; in or to the method or manner of performance of the Work; in or to Owner -furnished facilities, equipment, material, service, or site; or in or to the mode or manner of payment therefore shall in any way release the Contractor and the Surety or either or any of them, or any of their heirs, executors, administrators, successors, or assigns, or affect the obligations of the Surety on this bond, all notice of any and all of the foregoing changes, modifications, alterations, omissions, deletions, additions, extensions of time, or forbearances and notice of any and all defaults by the Contractor or of the Owner’s termination of the Contractor being hereby waived by the Surety. Notwithstanding anything to the contrary in the foregoing paragraph, in no event shall the obligations of the Surety under this bond in the event of the Contractor’s default be greater than the obligations of the Contractor under the Contract in the absence of the Contractor default. In the event of a default or defaults by the Contractor, the Owner shall have the right to take over and complete the Contract on 30 calendar days’ written notice to the Surety, in which event the Surety shall pay the Owner all costs incurred by the Owner in taking over and completing the Contract. At its option, the Owner may instead request that the Surety take over and complete the Contract, in which event the Surety shall take reasonable steps to proceed promptly with completion no later than 30 calendar days after the date on which the Owner notifies the Surety that the Owner wants the Surety to take over and complete the Contract. The Owner shall have no obligation to actually incur any expense or correct any deficient performance of the Contractor to be entitled to receive the proceeds of this bond. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner or the heirs, executors, administrators, or successors of the Owner. Signed and sealed this _____ day of _______________ 20__. Attest/Witness: PRINCIPAL By: _________________________________ By: _________________________________ Title: _________________________________ By: _________________________________ Attest/Witness: SURETY By: _________________________________ By: _________________________________ Title: _________________________________ By: _________________________________ LABOR AND MATERIALS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: [insert contractor name and address here:] as Principal (hereinafter called the “Contractor”) and [insert surety name and address here:] , organized and existing under the laws of the State of _______________ (hereinafter called the “Surety”) are held and firmly bound unto Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, Illinois, as the obligee (hereinafter called the “Owner”), for the use and benefit of itself and of claimants as hereinafter defined (the “Claimants”) in the full and just sum of [insert full contract price here:] $_________________________ to be paid to the Owner or the Claimants or the Owner’s or the Claimant’s assigns, to which payment well and truly to be made the Contractor and the Surety bind themselves and their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, said amount to include attorney’s fees, court costs, and administrative and other expenses necessarily paid or incurred in successfully enforcing performance of the obligation of the Surety under this bond. WHEREAS, the Contractor has entered into a written agreement dated [insert contract date here:] __________________, 201__, with the Owner titled [insert contract title here:] ____________________________________________________________________________ (the “Contract”), the terms and conditions of which are by this reference incorporated herein as though fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Contractor shall promptly pay or cause to be paid all sums of money that may be due to any Claimant with respect to the Contractor’s obligations under the Contract: (1) to provide, perform, and complete at the Work Site and in the manner specified in the Contract all necessary Work, labor, services, transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste disposal, information, data and other means and items necessary for [insert general description of the Work here:] ________________________________________________________________________ ______________________________________________; (2) to procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith [except as otherwise expressly provided in Attachment A to the Contract]; (3) to procure and furnish all Bonds and all certificates and policies of insurance specified in the Contract; (4) to pay all applicable federal, state , and local taxes; (5) to do all other things required of the Contractor by the Contract; and (6) to provide, perform, and complete all of the foregoing in a proper and workmanlike manner and in full compliance with, and as required by or pursuant to, the Contract; all of which is herein referred to as the “Work,” whether or not any of said Work enter into and become component parts of the improvement contemplated, then this obligation shall be null and void; otherwise it shall remain in full force and effect. For purpose of this bond, a Claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Contractor to provide, perform, or complete any part of the Work. The Contractor and the Surety hereby jointly and severally agree that every Claimant that has not had all just claims for the furnishing of any part of the Work paid in full, including without limitation all claims for amounts due for materials, lubricants, oil, gasoline, rentals of or service or repairs on machinery, equipment, and tools consumed or used in connection with the furnishing of any part of the Work, may sue on this bond for the use of that Claimant, may prosecute the suit to final judgment for such sum or sums as may be justly due that Claimant, and may have execution therein; provided, however, that the Owner shall not be liable for the payment of any costs or expenses of any such suit. The provisions of 30 ILCS 550/1 and 2 of the Illinois Compiled Statutes shall be deemed inserted herein, including the time limits within which notices of claim must be filed and actions brought under this bond. The Contractor and the Surety hereby jointly agree that the Owner may sue on this bond if the Owner is held liable to, or voluntarily agrees to pay, any Claimant directly, but nothing in this bond shall create any duty on the part of the Owner to pay any Claimant. The Surety, for value received, hereby stipulates and agrees that no changes, modifications, alterations, omissions, deletions, additions, extensions of time, or forbearances on the part of the Owner or the Contractor to the other in or to the terms of the Contract; in or to the schedules, plans, drawings, or specifications; in or to the method or manner of performance of the Work; in or to Owner-furnished facilities, equipment, material, service, or site; or in or to the mode or manner of payment therefor shall in any way release the Contractor and the Surety or either or any of them, or any of their heirs, executors, administrators, successors, or assigns, or affect the obligations of the Surety on this bond, all notice of any and all of the foregoing changes, modifications, alterations, omissions, deletions, additions, extensions of time, or forbearances and notice of any and all defaults by the Contractor or of the Owner’s termination of the Contractor being hereby waived by the Surety. Signed and sealed this _____ day of _______________ 20__. Attest/Witness: CONTRACTOR By: _________________________________ By: _________________________________ Title: _________________________________ By: _________________________________ Attest/Witness: SURETY By: _________________________________ By: _________________________________ Title: _________________________________ By: _________________________________ SECTION 00 07 00 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 2018 These documents have been modified by DIXON and should no longer be considered an EJCDC document Modified and Supplemented by This document will be known as General Conditions, 2018 edition. The original document and formatting is the 2013 version of the EJCDC C-700 version of the General Conditions. DIXON modified these documents because we are a specialized firm in coating and structure repairs. The original documents are for multiple trade projects and the 2018 is even endorsed by NUCA, a Utilities and excavating association. Some terms and paragraphs that are not applicable to our industry were deleted. All Insurance Requirements were moved from Article 6 to SC-Article 6. Other parties are advised against using these General Conditions as they may not be sufficient for your project. DIXON then added paragraphs in blue to increase the specificity to our projects. All additions were Supplemental DIXON Conditions moved to the General Conditions. If they were written by DIXON they will remain blue. Blue paragraphs are equivalent and will be enforced the same as black paragraphs. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page ARTICLE 1 – Definitions and Terminology ................................................................................................ 1 1.01 Defined Terms ........................................................................................................................ 1 1.02 Terminology ........................................................................................................................... 6 1.03 Intent of Certain Terms or Adjectives .................................................................................... 6 1.04 Indemnification Terms ........................................................................................................... 8 ARTICLE 2 – Preliminary Matters ............................................................................................................... 8 2.01 Delivery of Bonds and Evidence of Insurance ....................................................................... 8 2.02 Copies of Documents.............................................................................................................. 9 2.03 Before Starting Construction ................................................................................................. 9 2.04 Preconstruction Conference; Designation of Authorized Representatives ............................ 9 2.05 Initial Acceptance of Schedules ........................................................................................... 10 2.06 Electronic Transmittals ........................................................................................................ 11 ARTICLE 3 – Contract Documents: Intent, Requirements, Reuse ............................................................ 14 3.01 Intent .................................................................................................................................... 14 3.02 Reference Standards............................................................................................................. 15 3.03 Reporting and Resolving Discrepancies .............................................................................. 16 3.04 Requirements of the Contract Documents ............................................................................ 17 3.05 Reuse of Documents ............................................................................................................. 17 ARTICLE 4 – Commencement and Progress of the Work ......................................................................... 17 4.01 Commencement of Contract Times ...................................................................................... 17 4.02 Starting the Work ................................................................................................................. 18 4.03 Reference Points N/A .......................................................................................................... 18 4.04 Progress Schedule ................................................................................................................ 18 4.05 Delays in Contractor’s Progress ......................................................................................... 19 ARTICLE 5 – Site; Subsurface and Physical Conditions; Hazardous Environmental ............................... 21 Conditions 5.01 Availability of Lands ............................................................................................................ 21 5.02 Use of Site and Other Areas ................................................................................................. 21 5.03 Subsurface and Physical Conditions .................................................................................... 23 5.04 Differing Subsurface or Physical Conditions....................................................................... 23 5.05 Underground Facilities ........................................................................................................ 25 5.06 Hazardous Environmental Conditions at Site ...................................................................... 25 ARTICLE 6 – Bonds and Insurance ........................................................................................................... 27 6.01 Performance, Payment, and Maintenance Bonds (Not Bid Bonds) ..................................... 27 6.02 Insurance—General Provisions ........................................................................................... 29 6.03 Contractor’s Insurance ........................................................................................................ 29 6.04 Builder’s Risk and other Property Insurance ...................................................................... 29 6.05 Property Losses; Subrogation .............................................................................................. 29 6.06 Receipt and Application of Property Insurance Proceeds ................................................... 29 ARTICLE 7 – Contractor’s Responsibilities .............................................................................................. 29 7.01 Contractor’s Means and Methods of Construction .............................................................. 29 7.02 Supervision and Superintendence ........................................................................................ 30 7.03 Labor; Working Hours ......................................................................................................... 30 7.04 Services, Materials, and Equipment ..................................................................................... 30 7.05 “Or Equals” ......................................................................................................................... 31 7.06 Substitutes ............................................................................................................................ 32 7.07 Concerning Subcontractors, Suppliers, and Others ............................................................. 33 7.08 Patent Fees and Royalties .................................................................................................... 35 7.09 Permits ................................................................................................................................. 35 7.10 Taxes .................................................................................................................................... 35 7.11 Laws and Regulations .......................................................................................................... 35 7.12 Record Documents ............................................................................................................... 36 7.13 Safety and Protection ........................................................................................................... 37 7.14 Hazard Communication Programs ...................................................................................... 38 7.15 Emergencies ......................................................................................................................... 38 7.16 Submittals ............................................................................................................................. 39 7.17 Contractor’s General Warranty and Guarantee .................................................................. 42 7.18 Indemnification .................................................................................................................... 43 7.19 Delegation of Professional Design Services ........................................................................ 43 ARTICLE 8 – Other Work at the Site......................................................................................................... 44 8.01 Other Work ........................................................................................................................... 44 8.02 Coordination ........................................................................................................................ 44 8.03 Legal Relationships .............................................................................................................. 45 ARTICLE 9 – Owner’s Responsibilities .................................................................................................... 46 9.01 Communications to Contractor ............................................................................................ 46 9.02 Replacement of Resident Project Representative ................................................................. 46 9.03 Furnish Data ........................................................................................................................ 47 9.04 Pay When Due ...................................................................................................................... 47 9.05 Lands and Easements; Reports, Tests, and Drawings ......................................................... 47 9.06 Change Orders ..................................................................................................................... 47 9.07 Inspections, Tests, and Approvals ........................................................................................ 47 9.08 Limitations on Owner’s Responsibilities ............................................................................. 47 9.09 Undisclosed Hazardous Environmental Condition .............................................................. 47 9.10 Safety Programs ................................................................................................................... 47 ARTICLE 10 – Engineer’s Status During Construction ............................................................................. 47 10.01 Owner’s Representative ....................................................................................................... 47 10.02 Visits to Site .......................................................................................................................... 47 10.03 Resident Project Representative .......................................................................................... 48 10.04 Engineer’s Authority ............................................................................................................ 49 10.05 Determinations for Unit Price Work……………………………………………………….49 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work ................. 50 10.07 Limitations on Engineer’s Authority and Responsibilities ................................................... 50 10.08 Compliance with Safety Program ........................................................................................ 51 ARTICLE 11 –Changes to the Contract .................................................................................................... 51 11.01 Amending and Supplementing Contract Documents ............................................................ 51 11.02 Change Orders ..................................................................................................................... 51 11.03 Work Change Directives…………………………………………………………………...52 11.04 Field Orders ......................................................................................................................... 52 11.05 Owner-Authorized Changes in the Work ............................................................................. 52 11.06 Unauthorized Changes in the Work ..................................................................................... 53 11.07 Change of Contract Price .................................................................................................... 53 11.08 Change of Contract Times ................................................................................................... 54 11.09 Change Proposal .................................................................................................................. 54 11.10 No Notification of Obligation to Surety by Owner ............................................................... 56 ARTICLE 12 – Claims ............................................................................................................................... 56 12.01 Claims .................................................................................................................................. 56 ARTICLE 13 – Cost of the Work; Allowances; Unit Price Work .............................................................. 57 13.01 Cost of the Work ................................................................................................................... 57 13.02 Allowances ........................................................................................................................... 61 13.03 Unit Price Work ................................................................................................................... 62 ARTICLE 14 – Tests, Observations, and Inspections; Correction, Removal or Acceptance .................... 62 of Defective Work, Stop Work 14.01 Access to Work ..................................................................................................................... 62 14.02 Tests, Observations, Inspections, and Approvals ................................................................. 62 14.03 Defective Work ..................................................................................................................... 64 14.04 Acceptance of Defective Work ............................................................................................. 64 14.05 Uncovering Work ................................................................................................................. 65 14.06 Owner, Engineer/RPR May Stop the Work .......................................................................... 65 14.07 Owner May Correct Defective Work .................................................................................... 66 ARTICLE 15 – Payments to Contractor; Set-Offs; Completion; Correction Period .................................. 66 15.01 Progress Payments ............................................................................................................... 66 15.02 Contractor’s Warranty of Title ............................................................................................ 70 15.03 Substantial Completion ........................................................................................................ 70 15.04 Partial Use or Occupancy .................................................................................................... 71 15.05 Final Inspection ................................................................................................................... 72 15.06 Final Payment ...................................................................................................................... 72 15.07 Waiver of Claims .................................................................................................................. 73 15.08 Correction Period ................................................................................................................ 73 ARTICLE 16 – Suspension of Work and Termination ............................................................................... 74 16.01 Owner May Suspend Work ................................................................................................... 74 16.02 Owner May Terminate for Cause ......................................................................................... 74 16.03 Owner May Terminate For Convenience ............................................................................. 76 16.04 Contractor May Stop Work or Terminate ............................................................................ 76 ARTICLE 17 – Final Resolution of Disputes ............................................................................................. 76 17.01 Methods and Procedures...................................................................................................... 76 ARTICLE 18 – Miscellaneous .................................................................................................................... 77 18.01 Giving Notice ....................................................................................................................... 77 18.02 Computation of Times .......................................................................................................... 77 18.03 Cumulative Remedies ........................................................................................................... 77 18.04 Limitation of Damages ......................................................................................................... 78 18.05 No Waiver ............................................................................................................................ 78 18.06 Survival of Obligations ........................................................................................................ 78 18.07 Controlling Law ................................................................................................................... 78 18.08 Assignment of Contract ........................................................................................................ 78 18.09 Successors and Assigns ........................................................................................................ 78 18.10 Headings .............................................................................................................................. 78 GENERAL CONDITIONS - 1 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda – Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement – The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment – The document prepared by Contractor in a form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid – The offer of a Bidder submitted on the prescribed form setting forth t he prices for the Work to be performed. 5. Bidder – An individual or entity that submits a Bid to Owner. 6. Bidding Documents – The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements – The Advertisement, Notice, or Invitation to Bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Bulletin – If time permits, a Bulletin is issued prior to a Change Order. A Bulletin is an inquiry of the Contractor of the cost to complete the work described in the Bulletin. It is intended as the basis of a Change Order if all parties reach agreement. A Bulletin may be considered as the same as a Change Proposal except that a Bulletin is generated by the Engineer because it generally requires specifications and/or drawings to be addressed. 9. Change Order – A document 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, or other revision to the Contract, issued on or after the Effective Date of the Contract. 10. Change Proposal – A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a Set-off against payments due; or seeking other relief with respect to the terms of the Contract. GENERAL CONDITIONS - 2 11. Claim – (a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer has declined to address. A demand for money or services by a third party is not a Claim. 12. Constituent of Concern – Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead based paint (as defined by the HUD/EPA standard) hazardous waste, and any substance, product, waste, or other material. Lead, chrome, and other by-products of paint removal, as well as strippers, new coatings, and thinners, are to be included in this definition. 13. Contract – The entire and integrated written contract between the Owner and Contractor concerning the Work. 14. Contract Documents – Those items so designated in the Agreement, and which together comprise the Contract. 15. Contract Price – The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 16. Contract Times – The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 17. Contractor – The individual or entity with which Owner has contracted for performance of the Work. 18. Cost of the Work – See Paragraph 13.01 for definition. 19. Drawings – The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 20. Effective Date of the Contract – The date, indicated in the Agreement, on which the Contract becomes effective. 21. Electronic Document – Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format. 22. Electronic Means – Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means GENERAL CONDITIONS - 3 does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 23. Engineer – The individual or entity named as such in the Agreement. The terms Engineer, Project Manager, and DIXON are used interchangeable in these Contract Documents. 24. Field Order – A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 25. Hazardous Environmental Condition – The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition. 26. Hold Point – A point in the construction sequence when the Contractor is required to stop work on that portion of the project until an inspection has been completed. 27. Inspection – is a term which originally applied to both Quality Control (Contractor’s Responsibility) and Quality Assurance (Engineer’s service). There will remain some reference to Inspection but all references to Inspection when it is obviously the Engineer’s service shall be understood to mean Observation, whether the word is capitalized or not. 28. Laws and Regulations; Laws or Regulations – Any and all applicable laws, statutes, rules, regulations, ordinances, codes, binding decrees and resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 29. Liens – Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property. 30. Milestone – A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. 31. Non-Conformance Report (NCR) – A report written by the Engineer or Resident Project Representative to document the Contractor’s Work that does not meet requirements of the specifications or contract, including lack of progress. 32. Notice of Award (NOA) – The written notice by Owner to a Bidder of Owner’s acceptance of the Bid. 33. Notice to Proceed (NTP) – A written notice 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. 34. Observation – Service performed by Engineer as part of their RPR services. 35. Owner – The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. GENERAL CONDITIONS - 4 36. Performance Specifications – Specifications that require the manufacturer or supplier of equipment, materials, or systems to design, manufacture, deliver, and install products to achieve specific results under stipulated conditions of operation and in environments described in applicable Specification Sections. 37. Preconstruction Conference or Meeting – are interchangeable terms. 38. Progress Schedule – A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. 39. Project – The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. 40. Project Manual – This term is deleted in the 2018 edition. 41. Ready for Final Payment – This term is used to define a time when Liquidated Damages begin, separate from and in addition to Liquidated damages for failure to meet Substantial Completion Date. All punchlist items are to be completed, Site cleaned and restored, and equipment removed within 21 days. Finalize and submit all paperwork for Final Pay Request within 45 days of Substantial Completion. Failure to meet 21 day and/or 45 day requirements may individually trigger the charge of Liquidated Damages. 42. Resident Project Representative (RPR) – The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative. 43. Samples – Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 44. Set off – A contracted remedy for the Owner for minor Contract breaches by the Contractor that results in additional and/or unnecessary costs or fees to the Owner. 45. Schedule of Submittals – A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals and the performance of related construction activities. 46. Schedule of Values – A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. The Schedule of Values Form is supplied in the Bidding Documents as Section 00 06 00. This Schedule is to be submitted with the Bid. Adjustment of Schedule of Values by Engineer to correct for front loading of bid (without mathematical error) will not change the total Bid as calculated by completing the Schedule of Values. 47. Shop Drawings – All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop GENERAL CONDITIONS - 5 Drawings, whether approved or not, are not Drawings and are not Contract Documents. 48. 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, and such other lands furnished by Owner which are designated for the use of Contractor. 49. Specifications (also Technicals or Technical Specifications) – The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 50. Subcontractor – An individual or entity having a direct contract with Contractor for the performance of a part of the Work. 51. Subsubcontractor – An individual or entity having a direct contract with a Subcontractor for the performance of a part of the work. 52. Submittal – A written or graphic document, prepared by or for Contractor, which the Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections; warranties and certifications; Suppliers’ instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals. 53. 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. On tank projects, date of substantial completion is the date the tank is, or would have been returned to service, except for voluntary delay by Owner. Date of Substantial Completion is after complete cure, disinfection, and testing. 54. Successful Bidder – The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions. 55. Supplementary Conditions – The part of the Contract that amends or supplements these General Conditions. These EJCDC Documents have been rewritten to merge or relocate Supplemental and General Conditions and are now a product of Dixon Engineering Inc. and not an EJCDC product. The terms Supplemental Conditions used in these General Conditions and Project Specific Supplemental Conditions are to be used interchangeable. Since items such as Insurance change GENERAL CONDITIONS - 6 with every Project, all items associated with insurance are moved. It is the intent but not a requirement that these General Conditions remain the same and are only altered in the Supplemental Conditions. 56. Supplier – A manufacturer, fabricator, supplier, 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 a Subcontractor. 57. Technical Data – Revised a. Those items, if any, expressly identified as Technical Data in the Supplementary Conditions, with respect to either (1) existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing surface or subsurface structures (except Underground Facilities) or (2) Hazardous Environmental Conditions at the Site. b. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data. 58. Underground Facilities – All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility. 59. Unit Price Work – Work to be paid for on the basis of unit prices. 60. Work – The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. 61. Work Change Directive – A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 1.02 Terminology A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. 1.03 Intent of Certain Terms or Adjectives: A. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise o f professional judgment by Engineer. GENERAL CONDITIONS - 7 B. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day: 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04). d. All work completed that is rejected by an unresolved non-conformance report. E. Furnish, Install, Perform, Provide: 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. GENERAL CONDITIONS - 8 F. Contract Price or Contract Times: References to a change in “Contract Price or Contract Times” or “Contract Times or Contract Price” or similar, indicate that such change applies to (1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term “or both” is not expressed. G. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 1.04 Indemnification Terms – Many Articles throughout these General and Supplemental Conditions include indemnification clauses. In an attempt to shorten these clauses the following terms replace their definitions but the full definition or meaning remains in effect. Paragraph SC 7.18 is the general Indemnification requirement. This paragraph was not shortened because it may be sent whole to the Contractor’s Insurance agent. A. Owner/Engineer et al – shall replace all or the appropriate portion of the following: 1. Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them. B. Indemnify, Hold Harmless, and/or Defend 1. To the fullest extent permitted by Laws and Regulations, indemnify and hold harmless from and against any such claim, and against all 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 claim or action, legal or equitable. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Within ten (10) business days of Notice of Award, supply the Owner with three (3) original sets of separate Payment, Performance, and Maintenance Bonds. Supply three (3) original sets of Certificates of Insurance meeting requirements found herein and with the limits of insurance to be found in the Supplemental General Conditions. Failure to submit bonds and/or insurance within time frame will be considered a default, a failure to perform as required by the Bid Bond. The Owner, at his option, may waive default, delay default, or proceed with capture of the Bid Bond which will become the Owner’s property. B. Bonds and insurances are to be submitted to the Engineer for review. The Owner will within twenty (20) days of receipt of approved bonds and insurances from the Engineer execute the agreement and send a signed copy to the Contractor. C. Evidence of Contractor’s Insurance See Insurance Information for required limits in the Supplemental Conditions. D. Evidence of Owner’s Insurance Owner will not provide Certificate of Insurance to the Contractor. The Owner will not name Contractor additional insured. E. Correction Requirements of Bonds and Insurance: Bonds and Certificate of Insurances that fail the initial review and first subsequent review by a DIXON contract administrator will be returned to Contractor. All subsequent returns for insufficient material will be cause for Owner to Setoff DIXON recurring review fees. GENERAL CONDITIONS - 9 Also failure of Bonds and Certificate of Insurance to meet Contract requirements during review by Owner’s insurance consultant will be cause for Set-off. 2.02 Copies of Documents A. Owner will furnish the Contractor one signed copy of the Contract Documents. Additional printed copies will be furnished upon request at the cost of reproduction or an electronic version will be supplied upon request and at cost. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. This is a copy of the signed document only. The copy to be used for all construction and legal disputes will have been sent after final design and include all Bid requirements. The Owner will retain this copy in a sealed, marked envelope in a safe secure location. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and 3. Submitted with Bid - a final 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. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. The Engineer may schedule a Preconstruction Conference to be attended by Owner, Engineer, and Contractor(s). When no organizational meeting is scheduled, the Contractor, prior to beginning any work, shall meet with the Engineer and review Project Schedule for the work. Submit Progress Schedule before scheduling Preconstruction Meeting. Once the Work has started, the Contractor shall carry the Progress Schedule to completion without delay, making adjustments to Schedule as Work progresses. B. Attend a Preconstruction Meeting that may be scheduled by the Owner at a mutually agreeable time after all contract preconditions and other requirements have been met. C. A corporate officer or someone with legal authority to obligate the company/corporation, project manager (if different from officer), and the intended foreman shall attend. If project foreman does not attend the meeting, it shall be the Contractor’s responsibility to supply the information discussed at the meeting to the field foreman. GENERAL CONDITIONS - 10 D. The Owner will be represented by the project contact person, and the Engineer by the Project Manager or a senior Contract Administrator. E. Submit all required materials prior to the preconstruction meeting. F. The Preconstruction Conference will discuss all containment, personal hygiene, and lead control issues required in this contract and review. Be prepared to commit designated “competent person(s)” to responsibilities of confined space, scaffold rigging, lead, etc. G. At the Preconstruction Conference Owner and Contractor, each party shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. H. The Engineer may prepare Preconstruction Conference minutes and send to all attendees. All parties to the Preconstruction Conference will have five days from the postmarked, or email dated delivery of the minutes to protest any item of the minutes in writing. After five days the minutes will be considered not protested and will become part of the Contract Documents per established Electronic Transmittal Protocol (See SC Paragraph 2.06). I. Preconstruction Conference minutes may serve to meet some of the “writing” requirements of this Article. 2.05 Initial Acceptance of Schedules A. All schedules are to be submitted prior to the preconstruction meeting. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor. Failure to meet Milestone or significant Progress Schedule dates may be cause for rejection of prior accepted Progress Schedule and require an additional Progress meeting and new Progress Schedule to put Project back on an acceptable schedule, or to revise existing Schedule. Cost of meeting, Owner’s and Engineer’s time will be considered the responsibility of the Contractor, subject to Set-off. Exceeding Schedule Milestones would not normally be cause for rejection of original Schedule. 2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. All Submittals shall be included with the first submittal package and shall only be submitted by the Contractor and not by Suppliers or Subcontractors. If certain items cannot be submitted with the package, an acceptable Schedule of Submittals must be supplied to the Engineer. 3. Contractor’s Schedule of Values (Section 00 06 00 to be completed and submitted with Bidding Documents) will be acceptable to Engineer as to form GENERAL CONDITIONS - 11 and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work. If the Engineer determines the Schedule of Values is not acceptable, the Engineer will use the Contractor’s Schedule to reallocate values. The Engineer’s reallocation will be to maintain sufficient funds for work completed toward the end of the project to avoid frontloading values. The Engineer will assign values high enough to bring in another Contractor to finish work in case of default. The Contractor has five (5) days to appeal this reallocated Schedule of Values. Pay Requests shall be made based on the prices in the Schedule of Values as submitted unless adjusted by the Engineer and in that case the adjusted Schedule of Values. The Schedule of Values will not be reallocated if the Contractor files only a Final Application of Payment. 2.06 Electronic Transmittals – See Paragraph SC 2.06 A. The parties shall conform to the following provisions in Paragraphs 2.06.B and 2.06.C, together referred to as the Electronic Documents Protocol (“EDP” or “Protocol”) for exchange of electronic transmittals. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means. B. Electronic Documents Protocol Delete paragraphs 2.06.B through 2.06.D from the General Conditions 1. Basic Requirements - Include Project Engineer in this Protocol a. To the fullest extent practical, the parties agree to and will transmit and accept Electronic Documents in an electronic or digital format using the procedures described in this Protocol. Use of the Electronic Documents and any information contained therein is subject to the requirements of this Protocol and other provisions of the Contract. b. The contents of the information in any Electronic Document will be the responsibility of the transmitting party. c. Electronic Documents as exchanged by this Protocol may be used in the same manner as the printed versions of the same documents that are exchanged using non-electronic format and methods, subject to the same governing requirements, limitations, and restrictions, set forth in the Contract Documents. d. Except as otherwise explicitly stated herein, the terms of this Protocol will be incorporated into any other agreement or subcontract between a party and any third party for any portion of the Work on the Project, or any Project- related services, where that third party is, either directly or indirectly, required to exchange Electronic Documents with a party or with Engineer. Nothing herein will modify the requirements of the Contract regarding communications between and among the parties and their subcontractors and consultants. e. When transmitting Electronic Documents, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the receiving party’s use of software application GENERAL CONDITIONS - 12 packages, operating systems, or computer hardware differing from those established in this Protocol. f. Nothing herein negates any obligation 1) in the Contract to create, provide, or maintain an original printed record version of Drawings and Specifications, signed and sealed according to applicable Laws and Regulations; 2) to comply with any applicable Law or Regulation governing the signing and sealing of design documents or the signing and electronic transmission of any other documents; or 3) to comply with the notice requirements of Paragraph 18.01 of the General Conditions. 2. System Infrastructure for Electronic Document Exchange a. Each party will provide hardware, operating system(s) software, program software, internet, e-mail, and large file transfer functions (“System Infrastructure”) at its own cost and sufficient for complying with the EDP requirements. With the exception of minimum standards set forth in this EDP, and any explicit system requirements specified by attachment to this EDP, it is the obligation of each party to determine, for itself, its own System Infrastructure. 1) The maximum size of an email attachment for exchange of Electronic Documents under this EDP is ten (10) MB. Attachments larger than that may be exchanged using large file transfer functions or physical media. 2) Each Party assumes full and complete responsibility for any and all of its own costs, delays, deficiencies, and errors associated with converting, translating, updating, verifying, licensing, or otherwise enabling its System Infrastructure, including operating systems and software, for use with respect to this EDP. b. Each party is responsible for its own system operations, security, back-up, archiving, audits, printing resources, and other Information Technology (“IT”) for maintaining operations of its System Infrastructure during the Project, including coordination with the party’s individual(s) or entity responsible for managing its System Infrastructure and capable of addressing routine communications and other IT issues affecting the exchange of Electronic Documents. c. Each party will operate and maintain industry-standard, industry-accepted, ISO-standard, commercial-grade security software and systems that are intended to protect the other party from: software viruses and other malicious software like worms, trojans, adware, malware; data breaches; loss of confidentiality; and other threats in the transmission to or storage of information from the other parties, including transmission of Electronic Documents by physical media such as CD/DVD/flash drive/hard drive. To the extent that a party maintains and operates such security software and systems, it shall not be liable to the other party for any breach of system security. d. In the case of disputes, conflicts, or modifications to the EDP required to address issues affecting System Infrastructure, the parties shall cooperatively resolve the issues; but, failing resolution, the Owner is GENERAL CONDITIONS - 13 authorized to make and require reasonable and necessary changes to the EDP to effectuate its original intent. If the changes cause additional cost or time to Contractor, not reasonably anticipated under the original EDP, Contractor may seek an adjustment in price or time under the appropriate process in the Contract. e. Each party is responsible for its own back-up and archive of documents sent and received during the term of the contract under this EDP, unless this EDP establishes a Project document archive, either as part of a mandatory Project website or other communications protocol, upon which the parties may rely for document archiving during the specified term of operation of such Project document archive. Further, each party remains solely responsible for its own post-Project back-up and archive of Project documents after the term of the Contract, or after termination of the Project document archive, if one is established, for as long as required by the Contract and as each party deems necessary for its own purposes. f. If a receiving party receives an obviously corrupted, damaged, or unreadable Electronic Document, the receiving party will advise the sending party of the incomplete transmission. g. The parties will bring any non-conforming Electronic Documents into compliance with the EDP. The parties will attempt to complete a successful transmission of the Electronic Document or use an alternative delivery method to complete the communication. C. Software Requirements for Electronic Document Exchange; Limitations 1. Each party will acquire the software and software licenses necessary to create and transmit Electronic Documents and to read and to use any Electronic Documents received from the other party (and if relevant from third parties), using the software formats required in this section of the EDP. a. Prior to using any updated version of the software required in this section for sending Electronic Documents to the other party, the originating party will first notify and receive concurrence from the other party for use of the updated version or adjust its transmission to comply with this EDP. 2. The parties agree not to intentionally edit, reverse engineer, de crypt, remove security or encryption features, or convert to another format for modification purposes any Electronic Document or information contained therein that was transmitted in a software data format, including Portable Document Format (PDF), intended by sender not to be modified, unless the receiving party obtains the permission of the sending party or is citing or quoting excerpts of the Electronic Document for Project purposes. 3. Software and data formats for exchange of Electronic Documents will conform to the following requirements, including software versions, if listed: Item Electronic Documents Transmittal Means Data Format Note (1) a.1 General communications, transmittal covers, meeting notices and responses to general information requests for Email Email GENERAL CONDITIONS - 14 which there is no specific prescribed form. a.2 Meeting agendas, meeting minutes, RFI’s and responses to RFI’s, and Contract forms. Email w/ Attachment PDF (2) a.3 Contactors Submittals (Shop Drawings, “or equal” requests, substitution requests, documentation accompanying Sample submittals and other submittals) to Owner and Engineer, and Owner’s and Engineer’s responses to Contractor’s Submittals, Shop Drawings, correspondence, and Applications for Payment. Email w/ Attachment PDF a.4 Correspondence; milestone and final version Submittals of reports, layouts, Drawings, maps, calculations and spreadsheets, Specifications, Drawings and other Submittals from Contractor to Owner or Engineer and for responses from Engineer and Owner to Contractor regarding Submittals. Email w/ Attachment or LFE PDF a.5 Layouts and drawings to be submitted to Owner for future use and modification. Email w/ Attachment or LFE DWG a.6 Correspondence, reports and Specifications to be submitted to Owner for future word processing use and modification. Email w/ Attachment or LFE DOCX a.7 Spreadsheets and data to be submitted to Owner for future data processing use and modification. Email w/ Attachment or LFE XLSX a.8 Database files and data to be submitted to Owner for future data processing use and modification. Email w/ Attachment or LFE DB Notes (1) All exchanges and uses of transmitted data are subject to the appropriate provisions of Contract Documents. (2) Transmittal of written notices is governed by Paragraph 18.01 of the General Conditions. Key Email Standard Email formats (SMTP). Do not use stationery formatting or other features that impair legibility of content on screen or in printed copies LFE Agreed upon Large File Exchange method (FTP, CD, DVD, Cloud Services, storage media) PDF Portable Document Format readable by Adobe® Acrobat Reader Current Version DWG Autodesk® AutoCAD .dwg format Version 2013 or later DOC Microsoft® Word .docx format Version 2013 or later EXC Microsoft® Excel .xlsx format Version 2013 or later DB Microsoft® Access .mdb format Version 2013 or later ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. The Documents shall be given the following preference in order: 1. Addenda. GENERAL CONDITIONS - 15 2. Agreement. 3. Special Conditions, if any. 4. Technical Specifications. 5. Drawings. Figure dimensions shall govern over scaled drawings. 6. Supplemental Conditions. 7. General Conditions. 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. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern. If there is a conflict between written copies see Paragraph 2.02 B above. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. F. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and Contractor, which agree that the Contract Documents will 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. G. Nothing in the Contract Documents creates: 1. any contractual relationship between Owner or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor, Supplier, or other individual or entity; or 2. any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity, except as may otherwise be required by Laws and Regulations. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, 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, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, 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 part of the Contract GENERAL CONDITIONS - 16 Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. Contractor as Bidder was required to visit the site. Visible errors in the specifications, such as number of manholes, pits, etc. including the existence of a clear coat not noted on the exterior will be the responsibility of the Bidder to report, and will not be the basis of any Change Order request. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: b. The provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or GENERAL CONDITIONS - 17 d. 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 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs) or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer’s written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. Have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. Have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times A. The contract times are defined in the Project Summary in Section 00 00 40. A Notice to Proceed will be issued thirty (30) days prior to the start date if time GENERAL CONDITIONS - 18 permits. An email or verbal notice may be used to give thirty (30) days notice until all parties can sign the Notice to Proceed. B. The effective start date will be indicated in the Notice to Proceed. The start date may exceed sixty (60) days after bid opening. The Contract Dates will be maximum out- of-service time AND/OR the Project Completion Date. The start date, if noted, may float to give the Contractor more flexibility with scheduling. Out of Service Date starts the maximum out of service time. Out of Service Date is the agreed date the tank or structure was removed from service. If the Contractor delays start so that the out of service date exceeds the Project Completion Date, the Project Completion Date becomes Primary and Out of Service Date is no longer applicable. Liquidated Damages starts then on the Contracted Project Completion Date. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to such date except as recommended immediately following. Contract time is governed by out-of-service time. The Contractor is encouraged to deliver equipment to the site prior to Contract Start. For tanks the site will be available up to two (2) weeks prior to agreed drainage date. (Out of Service Date) B. Contractor is also encouraged to rig the structure, complete containment installation, and complete weld repairs that do not affect the wet interior prior to draining of the tank. The amount of work completed shall have been approved at the preconstruction conference. Since the tank is not out of service these dates do not apply against Out of Service time. C. Delaying Work start until the next coating season for the convenience of the Contractor will require Owner to Set-off inflation increased Engineering expenses and Owner’s costs against Contractor’s Request for Payment. 4.03 Reference Points N/A 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11. B. 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, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. C. See Technical Specifications for Scheduling RPR Services Section 00 91 19. GENERAL CONDITIONS - 19 4.05 Delays in Contractor’s Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. Abnormal weather conditions: Abnormal weather conditions are defined as weather conditions that are at variance with the routine or normal weather conditions. An example of the evaluation procedure and of the required Change Proposal follows. a. Project length: 45 days b. Substantial completion date: June 30th. c. Start date: May 16th. d. Three (3) years of data* 2019, 2018, 2017 e. Average number of rain/wind days: 9 f. Actual number rain/wind days**: 12 g. Claim for time extension: 3 days. *Submit weather history from nearest weather reporting station for three (3) previous years from the same time period. Submit same data for current year. Submit formal, but simple Change Proposal (use format above). **Rain/wind day is a rain or wind day where either rain and/or wind conditions exceeded safe work conditions or were outside the parameters of good paint practices. Wind days are winds in excess of 20 mph for over four (4) hours during normal work hours, and rain days having measurable precipitation. h. Change Proposal Evaluation: Engineer will evaluate Change Proposal and make sole determination as to whether days meet criteria. Engineer will GENERAL CONDITIONS - 20 disallow dates where work could have been completed on the interior; dates that result from the Contractor’s work practices (i.e. complete wet interior first and then move to outside). Good weather days not used will count against Change Proposal. i. Claimed rain/wind, “weather days” that extend beyond the scheduled Substantial Completion date or the extended Substantial Completion date, for whatever reason, will not be awarded. Days past Substantial Completion and good weather days that were not used because of sequencing of project work by Contractor will be considered “days within the control of the Contractor.” 3. Acts or failures to act of utility owners or other third-party entities (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and 4. Acts of war or terrorism. D. Contractor’s entitlement to an adjustment of Contract Times or Contract Price is limited as follows: 1. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference. 2. Contractor shall not be entitled to an adjustment in Contract Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Times to which Contractor is otherwise entitled. 3. Adjustments of Contract Times or Contract Price are subject to the provisions of Article 11. E. Each Contractor request or Change Proposal seeking an increase in Contract Times or Contract Price must be supplemented by supporting data that sets forth in detail the following: 1. The circumstances that form the basis for the requested adjustment; 2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work; 3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work; 4. The number of days’ increase in Contract Times claimed as a consequence of each such cause of delay, disruption, or interference; and 5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.07. Contractor shall also furnish such additional supporting documentation as Owner or Engineer may require including, where appropriate, a revised progress schedule indicating all the activities affected by the delay, disruption, or interference, and an GENERAL CONDITIONS - 21 explanation of the effect of the delay, disruption, or interference on the critical path to completion of the Work. F. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, and Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5, together with the provisions of Paragraphs 4.05.D and 4.05.E. G. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. H. The termination of Work during the winter season because of cold weather shall not be taken as entitling Contractor to any extension of Contract Time. If approved by Owner, Liquidated Damages being applied will cease through the winter and will begin again when the tank is removed from service. New Liquidated Damages are cumulative with any Liquidated Damages applied for Fall work. ARTICLE 5 – SITE, SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 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. B. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas, or to improvements, structures, utilities, or similar facilities located at such adjacent lands or areas and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage; including car/paint damage, or injury reparation demand is made by the Owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or GENERAL CONDITIONS - 22 remedial action as required by Paragraph 7.13.F, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner/Engineer et al, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor’s performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas 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. Failure to continually maintain site or to immediately clean the Site after a complaint or at project completion may result in the Owner completing the cleaning by hire or by the Owner’s forces. All cleaning costs are the responsibility of the Contractor, they will be collected by payment or Set off. E. Loading of 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 structures or land to stresses or pressures that will endanger them. Bent rails, ladder rungs, etc. occurring as a result of construction loading, shall be restored, or negotiated with Owner. F. The Contractor shall provide adequate signs, barricades, red lights, and watchmen and take all necessary precautions for the protection of the work and the safety of the public. All barricades and obstructions shall be protected at night by signal from sunset-to-sunrise. Barricades shall be of suitable construction and shall be painted to increase their visibility at night. Suitable warning signs shall be so placed and illuminated at night as to show in advance where construction, barricades, or detours exist. G. The Contractor shall at all times so conduct his work to insure the least obstruction to traffic and inconvenience to the general public and the residences in the vicinity of the work, and to insure the protection of persons and property in a manner satisfactory to the Engineer. No road or street shall be closed to the public except with the permission of the Engineer and proper governmental authorities. The Contractor shall confer with and keep police and fire departments of the municipality fully informed as to streets or alleys which are to be closed to traffic for construction purposes. Live fire hydrants on or adjacent to the work shall be kept accessible to firefighting equipment at all times. Temporary provisions shall be made by the GENERAL CONDITIONS - 23 Contractor to insure the usability of sidewalks and the proper functioning of all street gutters, sewer inlets and drainage ditches. H. The Contractor shall have full charge of the premises and work under construction until completion and final acceptance of the Work under the Contract except as noted in the Special Conditions. I. The Engineer and Owner shall have full access to the Site and Contractor’s personnel and equipment shall be available to the Owner and Engineer/RPR to expedite inspections. The Contractor shall be responsible for all injury to work in process of construction, and for all property or materials stored at the premises that may be damaged or stolen while the work is in his care, and shall make good all such damage or loss without expense to the Owner. 5.03 Subsurface and Physical Conditions A. Coating and Repair Work: 1. The coating and repair of steel or concrete structures does not involve reports and drawings and what can and cannot be considered Technical Data as an excavation Contract may. All of those General Conditions are deleted. 2. Underground work in the coating industry involves drilling for anchors for containment systems. The painting of pit piping may also be considered underground. For this type of Work the Contractor must rely on Utility Locating Services and not Technical Data from Owner, or in the case of pits, a visual inspection. Contractor shall notify each utility before digging for anchors or for any reason. Before starting, call in advance to 811 or as required by the individual agencies. 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: In Paragraph 5.03 it is stated that based on the type of industry, the coating industry, that there would be no subsurface Technical data. Since there is no Technical Data or opinion proffered, it is impossible to have Differing Subsurface Conditions. But if Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site or Underground Facility, either 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 physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer’s Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the physical condition in question; determine the necessity of Owner’s obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the GENERAL CONDITIONS - 24 Drawings or Specifications; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. C. Owner’s Statement to Contractor Regarding Site Condition: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations, in whole or in part. D. Early Resumption of Work: If at any time Engineer determines that Work in connection with the subsurface or physical condition in question may resume prior to completion of Engineer’s review or Owner’s issuance of its statement to Contractor, because the condition in question has been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. E. Possible Price and Times Adjustments: 1. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. 2. The Contractor is liable for all subsurface damages, Contractor may be entitled to an equitable adjustment if an unidentified Underground Facility is located but it will be determined on a project by project nature, based on what is known, should have been known or anticipated, since these situations are a rarity. 3. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such commitment; or c. Contractor failed to give the written notice as required by Paragraph 5.04.A. d. Rough Surfaces in the Wet Interior: The wet interiors of steel structures are subject to corrosion. Based on the age of the tank, maintenance history of the tank, and other factors, the inside of the tank may be pitted. The degree or severity or extent of this pitting will not be considered a hidden condition. No claim of extra for blasting or coating application will be accepted or reviewed. If pit welding or pit filling is completed, that will be done at the bid unit price or a negotiated price. The Owner and Engineer will determine and authorize the extent of pit filling. There will likely be as many or more, unfilled pits than the number authorized for repair. Contractor cannot rely on pit filling to eliminate some of the application techniques needed for pitted tanks. Back GENERAL CONDITIONS - 25 rolling of a spray application may be necessary and will be considered Good Painting Practice and not a Differing Physical Condition. e. The Contractor is also advised that older tanks may have been previously blasted and pit filled. The more difficult blasting also does not qualify as a hidden condition. Reducing blasting requirements and leaving some filler residue in the pit may be reviewed on a case by case basis. 4. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 5. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the subsurface or physical condition in question. 5.05 Underground Facilities A. Contractor’s Responsibilities: See Paragraph 5.04 1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all information and data regarding existing Underground Facilities at the Site; b. complying with applicable state and local utility damage prevention Laws and Regulations; c. verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction; d. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and e. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: See Paragraph 5.04 5.06 Hazardous Environmental Conditions at Site A. There are no known hazardous environmental conditions on-site; for exceptions see D below. No reports or drawings related to Hazardous Environmental Conditions are known to the Owner or Engineer. There is the possibility of lead in soils or other Constituents of Concern related to the coating industry from past projects. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work or eventually identified as being caused or created by the Contractor. (i.e. Contractor spills thinner and during the cleanup of the thinner, soil containing lead is also removed, then the GENERAL CONDITIONS - 26 Owner pays only for the cleanup that can be cost differentiating, not a cost sharing principle.) B. Reports and Drawings: The Supplementary Conditions identify: 1. those reports or drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; 2. Technical Data contained in such reports and drawings, and 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; C. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. D. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Article 14); Engineer or RPR has full authority to STOP Work until the Owner/or Engineer are contacted, and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.G. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a Set-off against payments to account for the associated costs. Authority to STOP Work in this instance is expanded to include potential environmental contamination. E. If Hazardous Environmental condition is soil related, contractor shall: 1. If Work involves exterior coating removal inside containment, then the soil is already covered with impermeable tarps and plywood. The ground cover is a barrier between workers and the contaminated soil, and no further action is required, except possibly by Owner after Contractor clens up site from this Work and removes equipment. There shall be no adjustment of Contract Price. 2. If Work involves exterior coating without containment then Contractor shall cover contaminated soil with impermeable tarps and plywood. Contractor may submit a Change Proposal for Change in Contract Price per paragraph 11.07 but not Contract Time. 3. If Work involves interior coating only, then Contractor shall cover contaminated soil with impermeable tarps and plywood in staging area only. Contractor may GENERAL CONDITIONS - 27 cover entire site but may only make a Change Proposal for Contract Price for staging area only. 4. No Change Proposal for Contract Time will be considered with any of the three above alternates. Par. 5.06.E. 1-3. F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner’s written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a Set-off. H. If after receipt of such written notice Contractor does not agree to resume such Work then Owner may Terminate or Suspend Work per Article 14. If Work is Suspended, Owner will give Notice as to what further action they may take while the suspension is in place. Owner may have such plywood barrier installation by Owner’s own forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner/Engineer et al, arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.I shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. J. The provisions of Paragraphs 5.06.H do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6 – BONDS AND INSURANCE 6.01 Performance, Payment, and Maintenance Bonds (Not Bid Bonds) A. Contractor shall furnish a Performance Bond and a Payment Bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by these General Conditions or Supplementary Conditions or other specific provisions of the Contract. B. Supply a Maintenance (Warranty) Bond for two (2) years at 50% of the contract price to ensure any repair work required after the one (1) year Post Construction GENERAL CONDITIONS - 28 observation within thirteen (13) months (unless stated elsewhere) under the Maintenance Bond. 1. The Post Construction Evaluation will be completed under the Performance Bond. All required Post Construction repairs shall be completed under the Maintenance Bond. 2. If repair scheduling is delayed several months for Contractor’s schedule (and agreed to by the Owner) the Maintenance Bond is extended until all required post construction repairs are completed. 3. If repair scheduling is delayed several months for Owner’s schedule, then the Maintenance Bond upon request will be allowed to expire and work will be performed under a Change Order. 4. Per Technical Specifications, if repairs exceed 10% of any area, then the Warranty period and Maintenance bond shall be extended until inspection and repair work if any is completed. 5. The maintenance (warranty) bond must be issued by the same surety that issues the performance bond required under Paragraph 6.01.A of the General Conditions. C. Submittal of Performance, Payment, and Maintenance bonds shall all be Condition Precedent to Contract award. The Contract will not be signed until all three bonds are submitted, reviewed and included in the Contract Documents. If for some reason the Maintenance or any bond is not included, the Contractor is still fully responsible financially for all assurances a bond would provide. Contractor shall provide Bond at whatever stage of the Work, the discrepancy of a missing Bond is noted. Owner retains the right to terminate or suspend the Project per Article 14, until the Bond is delivered. D. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. Use forms acceptable to AIA Industry Standards, or use forms specifically required by the Owner. Supply three (3) original signed and properly executed bonds for each type of bond and documented Power of Attorney for those parties executing Bonds. E. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. Surety Companies must, in addition to State license, be incorporated and originating from within the United States. Offshore companies or internet companies are not acceptable. Supply bonds and insurance from companies with a Class A- VII rating or better (rating listed in latest edition and by A.M. Best Co.). GENERAL CONDITIONS - 29 F. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above. No Pay Requests will be accepted until new Bonding is approved as acceptable per Bond Requirements and Owner’s satisfaction. G. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 16. H. Upon written request, Owner will provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work. I. Owner is under no obligation to furnish Surety Co with copies of Bids, Change Orders, or Project Status updates. J. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the payment bond to such person or entity. NOTE to OWNER & CONTRACTOR – All paragraphs related to Insurance were moved to Supplemental Condition, so that project specific and general requirements are in one location. This was completed with the intention of an aid to the Contractor. The Contractor can now forward this consolidated section of Insurance Requirements directly to their agent for each Project. 6.02 Insurance – General Provisions Moved to SC-6.02 6.03 Contractor’s Insurance Moved to SC-6.03 6.04 Builder’s Risk and Other Property Insurance Moved to SC-6.04 6.05 Property Losses; Subrogation Moved to SC-6.05 6.06 Receipt and Application of Property Insurance Proceeds Moved to SC-6.06 ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES 7.01 Contractor’s Means and Methods of Construction A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. If the Contract Documents note, or Contractor determines, that professional engineering or other design services are needed to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor’s expense. Such services are not Owner-delegated professional design services under this Contract, and neither Owner nor Engineer has any responsibility with respect to (1) Contractor’s determination of the need for such services, (2) the qualifications or GENERAL CONDITIONS - 30 licensing of the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services. 7.02 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. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. C. Resident Superintendent shall be fluent in English to the level of competency to complete requirements of 7.01.A and 7.02.A. Superintendent shall also be fluent or have access to a translator for the primary language of the majority of workers. Degree of fluency to be sufficient so that Superintendent can adequately complete his duties under 7.01.A. D. No employee of Contractor, Subcontractor, or Supplier may be on the Project Site who cannot be directed by a Superintendent, or translator in regards to work assignments, safety issues, or who cannot understand safety signage. 7.03 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of Contractor’s employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work, just as Contractor is responsible for Contractor’s own acts and omissions. C. 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, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld. D. The Owner may revoke any written or verbal consent if Contractor’s performance of the Work completed on a Saturday, Sunday, or holiday, or before 8 AM or after 5 PM during weekdays, results in complaints by neighbors. 7.04 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. GENERAL CONDITIONS - 31 B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 7.05 “Or Equals” A. The majority of material or equipment furnished under these contracts are coating related, or fabricated. A coating program has been developed and is maintained by Engineer. Coatings which have met or exceeded quality and ASTM parameters are listed in the Technical Specifications. No “or equal” coating products will be reviewed as “or equal.” 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 Contract Price has been based upon Contractor furnishing such item as specified. B. If Engineer in its sole discretion determines that 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, Engineer shall deem it an “or equal” item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if in the exercise of reasonable judgement Engineer determines that: 1. it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2. it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3. it has a proven record of performance and availability of responsive service; and 4. it is not objectionable to Owner. 5. Contractor certifies that, if approved and incorporated into the Work: b. there will be no increase in cost to the Owner or increase in Contract Times; and c. it will conform substantially to the detailed requirements of the item named in the Contract Documents. C. Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense. D. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each “or-equal” request. Engineer may require Contractor to furnish additional data about the proposed “or-equal” item. Engineer will be the sole judge of acceptability. No “or-equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an “or-equal,” which will be evidenced by an approved Shop Drawing or other written GENERAL CONDITIONS - 32 communication. Engineer will advise Contractor in writing of any negative determination. E. Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request shall result in any change in Contract Price. The Engineer’s denial of an “or- equal” request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. F. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.06. 7.06 Substitutes A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material (excludes coating) or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor. 2. The requirements for review will be set forth by the Engineer as they decide appropriate for the specific substitution request. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. c. will identify all variations of the proposed substitute item from that specified, and d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. e. Additional information required may consist of completing Engineer’s vendor checklist, field mock-ups, special samples, pilot testing, or other special requirements that Engineer determines necessary to assess if the item of material or equipment proposed is an acceptable substitute to that named. B. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. No substitute will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an acceptable substitute. C. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. GENERAL CONDITIONS - 33 D. Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner (Set-off) for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner (Set-off) for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. 1. Engineer’s minimum cost for reviewing a substitute will be $400 (2 hrs. equivalent). 2. Engineer exceeds two hours for review their rate will be $200 per hour. E. Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer’s denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.06.D, by timely submittal of a Change Proposal but is liable for fee regardless of Engineer’s determination. 7.07 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. The Contractor’s retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve Contractor’s obligation to Owner to perform and complete the Work in accordance with the Contract Documents. B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days. E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other GENERAL CONDITIONS - 34 individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. F. 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 the right of Owner to the completion of the Work in accordance with the Contract Documents. G. “Subcontracting” – This project requires prequalification. This prequalification requirement extends to Subcontractors. H. The Contractor agrees not to sublet or assign this work without the written consent of the Owner. Violation of this condition shall be grounds for immediate dismissal of the Subcontractor or Contractor to which the work was sublet or assigned and if a satisfactory (Engineer’s opinion) replacement is not on the site working within forty- eight (48) hours, the violations shall then be grounds for Contract termination and Performance Bond forfeiture. I. Lump sum payments to employees instead of hourly wage will be evidence of subcontracting. The Owner reserves the right to review payroll records and pay stubs. If subcontracting is approved, no more than 30% of the project may be subcontracted. J. 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. K. Contractor shall be solely responsible for scheduling and coordinating th e work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work. L. The divisions and sections of the Specifications and the identifications of any Drawings do not control Contractor in dividing the Work among Subcontractors or Suppliers, or in delineating the Work to be performed by any specific trade. M. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein. N. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. O. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. GENERAL CONDITIONS - 35 7.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner/Engineer et al, 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. 7.09 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner will 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 the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work B. The only permits not included are environmental air quality, and permits from health agencies for interior painting, which the Owner will procure if needed. C. Display all wage requirements and other permits on a temporary board, if required by governmental Agency. D. Attach to the Resident Superintendent’s copy of the specifications, copies of other permits which do not require display. See paragraph 7.12 Record Documents. 7.10 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. 7.11 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner/Engineer et al, arising out of or relating to such Work or other action. It shall not be Contractor’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03. C. Liability for Noncompliance. Contractor will be solely liable for any fines or civil penalties that are imposed by any governmental or quasi-governmental agency or GENERAL CONDITIONS - 36 body that may arise, or be alleged to have arisen, out of or in connection with Contractor's, or its subcontractors' or suppliers', performance of, or failure to perform, the Work or any subordinate part. D. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor’s Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. E. Required Provisions. Every provision of law required by law to be inserted into this Contract will be deemed to be included in this Contract. F. Claims or Change Proposals made for extra costs resulting from laws and regulations that become effective after the opening of Bids or (EDA), will be reviewed based on the exposure and publication of the law or regulation in advance. There will be no adjustment in Contract Price or Contract Time for environmental or safety regulations, or other laws and regulations with similar public notice and public hearing/review procedures. It is the Contractor’s responsibility to be aware of industry specific changes in OSHA or environmental issues. G. Regulations dealing with labor rates have a known expiration date. Everyone can safely assume there will be a cost increase with each new issue. If these rates are scheduled to expire during Contract Time, then increase labor costs in Bid for the expected manhours by local cost-of-living factor. If rates increase more than cost-of- living, a Change Order will be reviewed for difference between cost-of-living and actual inflation adjusted wage of new rate above the adjusted old rate. Copy of payroll will be used to determine increase in wage only, not associated taxes, insurance, and benefits. The Contractor is responsible for requesting extra Change Proposal and supplying documentation establishing extra. All consideration for an increase ends on Substantial Completion, either original or Change Order extended date. H. There will be no considerations given to Change Proposals increase expenses resulting from changed laws, regulations, or wage rates for Projects extended or delayed until the next coating season because of Contractor’s failure to adhere to the Progress Schedule. If delay is at request of Owner, Contractor may submit a Change Proposal for Contract Price and Contract Time. 7.12 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, approved Shop Drawings, and Non- Conformance Reports. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record GENERAL CONDITIONS - 37 documents to Engineer, only after written request. Superintendent’s copy including permits may be digital but shall be available for review. B. Contractor shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor alone shall be responsible for the safety, efficiency, and adequacy of his plans, appliances, and methods, and for any damage which may result from their failure or their improper construction, maintenance, or operations. Submit a copy of all OSHA reportable or recordable injuries or illness, and all OSHA citations relative to this project at project completion. 7.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, 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. C. Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. D. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The Supplementary Conditions may identify any Owner’s safety programs that are applicable to the Work. Failure to identify specific program does not relieve the Contractor from safety program adherence requirement. If safety requirement is for a program not identified in the Supplemental Condition and is more restrictive than OSHA and it interferes with Contractor’s Methods of Operation then Contractor may submit a Change Proposal for Contract Time and/or Contract Price. E. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site. F. All damage, injury, or loss to any property referred to in Paragraph 7.13.A.1 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, GENERAL CONDITIONS - 38 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 at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer 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). G. Contractor’s duties and responsibilities for safety and protection shall continue until such time as all the Work is completed. H. Contractor’s duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. I. Lead/chrome paint removal, and painting of structures are recognized as very hazardous work, and it is further recognized that the coating industry has extensive safety training programs available. J. Monitor and be responsible for all safety on job site. The Engineer and Owner will not monitor safety practices and will not assume any responsibility for safety. K. The Owner and Engineer have historically followed the Contractor’s safety plan when on the site. There have been occasions where the Contractor’s safety plan ha s proven inadequate. The specifications may require safety features for the Owner and Engineer which are now the Contractor’s contractual obligation to provide. These include such items as safety cables suspended from the roof for inspection of the interior roof, and safety clips on the bottom of the bowl for fall protection cables. (Legged tanks only) We encourage the Contractor to modify his fall protection plan and to provide additional cables and fall protection grabs for his personnel. Items such as roof railings are provided for the Owner’s safety. Do not rig from the railings – a separate painter’s rail is provided for rigging. L. 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. Contractor’s Safety Representative shall have the authority to supersede Contractor’s foreman and shall stop work if the Work being completed is in violation of Contractor’s or Owner’s safety program, or OSHA. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of Safety Data Sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 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 GENERAL CONDITIONS - 39 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. 7.16 Submittals A. Shop Drawing and Sample Submittal Requirements: 1. Before submitting a Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that submittal, and that Contractor approves the submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordan ce with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to GENERAL CONDITIONS - 40 review the information for the limited purposes required by Paragraph 7.16.C. 2. Samples: a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D. 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Engineer’s Review of Shop Drawings and Samples: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order. 5. Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B. 6. Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer’s receipt, review, acceptance nor approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document. GENERAL CONDITIONS - 41 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.C.4. D. 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, and/or number of new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than two submittals. Engineer will record Engineer’s time for reviewing a third or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer’s charges to Owner for such time. Owner may impose a Set-off against payments due to Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer’s charges to Owner for its review time, and Owner may impose a Set-off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. 4. All submittals shall be sent to the Engineer as one package (unless a separate Schedule of Submittals is included and approved by the Engineer). All required resubmittals are also to be resubmitted as one package and any delinquent resubmittal must be identified by a new Schedule of Submittals. Failure to include a Schedule of Submittals for delinquent items will be justification by Engineer to consider submittal complete. Delinquent items will be considered reviewed and rejected. 5. The Engineer’s minimum cost for issuing a second request will be $400 (2 hours equivalent). 6. Engineer’s hourly rate and reviews requiring more than 2 hours will be completed at the rate of $200/hr. 7. Submit all material to Engineer’s office in Lake Odessa, MI. E. Submittals Other than Shop Drawings, Samples, and Owner-Delegated Designs 1. The following provisions apply to all Submittals other than Shop Drawings, Samples, and Owner-delegated designs: a. Contractor shall submit all such Submittals to the Engineer in accordance with the Schedule of Submittals and pursuant to the applicable terms of the Contract Documents. b. Engineer will provide timely review of all such Submittals in accordance with the Schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted. GENERAL CONDITIONS - 42 c. Engineer’s review will be only to determine if the Submittal is acceptable under the requirements of the Contract Documents as to general form and content of the Submittal. d. If any such Submittal is not accepted, Contractor shall confer with Engineer regarding the reason for the non-acceptance, and resubmit an acceptable document. F. Owner-delegated Designs: Submittals pursuant to Owner-delegated designs are governed by the provisions of Paragraph 7.19. 7.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor’s warranty and guarantee. B. Owner’s rights under this warranty and guarantee are in addition to, and are not limited by, Owner’s rights under the correction period provisions of Paragraph 15.08. The time in which Owner may enforce its warranty and guarantee rights under this Paragraph 7.17 is limited only by applicable Laws and Regulations restricting actions to enforce such rights; provided, however, that after the end of the correction period under Paragraph 15.08: 1. Owner shall give Contractor written notice of any defective Work within 60 days of the discovery that such Work is defective; and 2. Such notice will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the notice. C. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. 3. Normal wear and tear does not apply to wet interior coating below the high water line. After one (1) year, zero (0) failure or deterioration is acceptable. D. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents, or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents, or a release of Owner’s warranty and guarantee rights under this Paragraph 7.17: 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; GENERAL CONDITIONS - 43 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal; 6. the issuance of a notice of acceptability by Engineer; 7. the end of the correction period established in Paragraph 15.08; 8. any inspection, test, or approval by others; or 9. any correction of defective Work by Owner. E. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor’s performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification Both Paragraphs A and B moved to SG6.07 under the Insurance Requirements 7.19 Delegation of Professional Design Services This Article rewritten for clarity A. Owner may require Contractor to provide professional design services for a portion of the Work by express delegation in the Contract Documents. Such delegati on will specify the performance and design criteria that such services must satisfy, and the Submittals that Contractor must furnish to Engineer with respect to the Owner- delegated design. B. Contractor shall cause such Owner-delegated professional design services to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations. C. If a Shop Drawing or other Submittal related to the Owner-delegated design is prepared by Contractor, a Subcontractor, or others for submittal to Engineer, then such Shop Drawing or other Submittal must bear the written approval of Contractor’s design professional when submitted by Contractor to Engineer. D. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under an Owner- delegated design, subject to the professional standard of care and the performance and design criteria stated in the Contract Documents. E. Pursuant to this Paragraph 7.19, Engineer’s review, approval, and other determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by Contractor pursuant to an Owner-delegated design will be only for the following limited purposes: 1. Checking for conformance with the requirements of this Paragraph 7.19; 2. Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents; and 3. Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents. GENERAL CONDITIONS - 44 F. Contractor shall not be responsible for the adequacy of performance or design criteria specified by Owner or Engineer. G. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. ARTICLE 8 - OTHER WORK AT THE SITE 8.01 Other Work Some of this Article rewritten for clarity A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner’s employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any third-party utility work that Owner has arranged to take place at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner’s employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. D. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. E. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others, 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. F. The provisions of this article are not applicable to work that is performed by third- party utilities or other third-party entities without a contract with Owner, or that is performed without having been arranged by Owner. If such work occurs, then any related delay, disruption, or interference incurred by Contractor is governed by the provisions of Paragraph 4.05.C.3. 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s GENERAL CONDITIONS - 45 employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be provided at the Preconstruction Meeting or provided to Contractor prior to the start of any such other work: 1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. An itemization of the specific matters to be covered by such authority and responsibility; and 3. The extent of such authority and responsibilities. B. Unless otherwise provided in this Contract, the Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work for Owner at or adjacent to the Site, the Owner’s employees, any other contractor working for Owner, or any utility owner that Owner has arranged to perform work, causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment will take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract, and any remedies available to Contractor under Laws or Regulations concerning utility action or inaction. When applicable, any such equitable adjustment in Contract Price will be conditioned on Contractor assigning to Owner all Contractor’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract Times or Contract Price is subject to the provisions of Paragraphs 4.05.D and 4.05.E. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. 1. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a Set-off against payments due Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations set forth in this Paragraph 8.03.B. 2. When Owner is performing other work at or adjacent to the Site with Owner’s employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a Set-off against payments due Contractor. GENERAL CONDITIONS - 46 C. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner/Engineer et al arising out of or relating to such damage, delay, disruption, or interference. D. If overhead power lines present an unsafe work condition as determined by OSHA, Owner or Utility; Contractor at his expense and coordination, shall have the Utility temporarily relocate, move, or cover lines, eliminating the hazard. Contractor will determine problems with utility lines during his prebid site visit and include anticipated costs in his bid. E. Unless stated differently in Contract Documents, protect all antennas, controls, cables, and associated property of Owner’s or Telecommunication Carrier’s equipment or material on, in, or near the structure during work. Design construction procedures to maintain operation of antenna system. ARTICLE 9 - OWNER’S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Resident Project Representative A. Owner may at its discretion replace Resident Project Representative (RPR) with another RPR. The replacement RPR status under the Contract Documents shall be that of the former RPR. B. Contractor may request replacement of RPR for failure to perform safely, timely and /or professionally by submitting a complaint to DIXON that clearly delineates how the RPR failed to perform. Removal is the discretion of the Engineer or the Owner. If requested removal is because of disputes with Contractor, Owner may remove RPR and/or Contractor’s Resident Superintendent. If an RPR is removed, they will be replaced with another RPR from DIXON. C. Project Manager may request removal of Resident Superintendent or any crew member for unprofessional performance and/or confrontational and /or aggressive attitude. D. The Contractor’s Safety Representative can be removed but is not relieved of his responsibilities until a new Safety Representative is on Site. In no situation, even if only temporary shall the Safety Representative and the Company Superintendent or Foreman be the same person (paragraph 7.13.L). GENERAL CONDITIONS - 47 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner will make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner’s duties with respect to providing lands and easements are set forth in Article 5. 9.06 Change Orders A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11. 9.07 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.08 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, 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. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.09 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.10 Safety Programs A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 10 - ENGINEER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Engineer/Owner Contract. 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during GENERAL CONDITIONS - 48 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 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 10.07. 10.03 Resident Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as directed by Engineer, and limitations on the responsibilities thereof will be as provided in Paragraph 10.07. B. 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. C. Moved from SC. Verbiage is all EJCDC. The Resident Project Representative (RPR) will be Engineer's representative at the Site. RPR's dealings in matters pertaining to the Work in general will be with Engineer and Contractor. RP R's dealings with Subcontractors will only be through or with the full knowledge or approval of Contractor. The RPR will: 1. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings (but not including Contractor’s safety meetings), and as appropriate prepare and circulate copies of minutes thereof. 2. Safety Compliance: Comply with Site safety programs, as they apply to RPR, and if required to do so by such safety programs, receive safety training specifically related to RPR’s own personal safety while at the Site. If Contractor requires safety training exceeds Industry Standard, as determined solely by Engineer, then all training cost including RPR fees for their time, are the responsibility of the Contractor, and are subject to Set-off protocol. 3. Liaison a. Serve as Engineer’s liaison with Contractor. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents. b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for Contractor’s proper execution of the Work. GENERAL CONDITIONS - 49 4. Review of Work; Defective Work a. Conduct on-Site observations of the Work to assist Engineer in determining, to the extent set forth in Paragraph 10.02, if the Work is in general proceeding in accordance with the Contract Documents. b. Observe whether any Work in place appears to be defective. c. Observe whether any Work in place should be uncovered for observation, or requires special testing, inspection or approval. 5. Payment Requests: Review Applications for Payment with Contractor. 6. Completion a. Participate in Engineer’s visits regarding Substantial Completion. b. Assist in the preparation of a punch list of items to be completed or corrected. c. Participate in Engineer’s visit to the Site in the company of Owner and Contractor regarding completion of the Work, and prepare a final punch list of items to be completed or corrected by Contractor. d. Observe whether items on the final punch list have been completed or corrected. D. The RPR will not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items). 2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction. 5. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Authorize Owner to occupy the Project in whole or in part. 10.04 Engineer’s Authority A. Engineer has the authority to reject Work in accordance with Article 14. B. Engineer’s authority as to Submittals is set forth in Paragraph 7.16. C. Engineer’s authority as to design drawings, calculations, specifications, certifications and other Submittals from Contractor in response to Owner’s delegation (if any) to Contractor of professional design services, is set forth in Paragraph 7.19. D. Engineer’s authority as to changes in the Work is set forth in Article 11. E. Engineer’s authority as to Applications for Payment is set forth in Article 15. GENERAL CONDITIONS - 50 F. Engineer/RPR shall have the authority to stop Work in the event continuation of Work is under a noncompliance situation, such as incomplete containment; which may result in the violation of environmental laws, or which may result in the covering of defective or unaccepted work product. Authority to continue Work Stoppage transfers back to the Owner after the Owner has been notified and returns to the Site. 10.05 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.06 Determinations on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.07 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, 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, will 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 performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. Any plan or method of accomplishing the work suggested to the Contractor by the Engineer or other representative of the Owner, but not specified or required, may b e used but shall be used at the Contractor’s own risk and responsibility. The Owner and Engineer assume no responsibility. 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 maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.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. GENERAL CONDITIONS - 51 E. The limitations upon authority and responsibility set forth in this Paragraph 10.07 shall also apply to the Resident Project Representative, if any. 10.08 Compliance with Safety Program A. While at the Site, Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and Contractor’s safety programs (if any) of which Engineer has been informed. ARTICLE 11 --CHANGES TO THE CONTRACT (RETITLED) 11.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. B. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. All changes to the Contract that involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, must be supported by Engineer’s recommendation. Owner and Contractor may amend other terms and conditions of the Contract without the recommendation of the Engineer. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. 11.02 Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. Changes in 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; 2. Changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; 3. Changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.05, (b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters; and 4. Changes that embody the substance of any final and binding results under: Paragraph 11.03.B, resolving the impact of a Work Change Directive; Paragraph 11.09, concerning Change Proposals; Article 12, Claims; Paragraph 13.02.D, final adjustments resulting from allowances; Paragraph 13.03.D, final adjustments relating to determination of quantities for Unit Price Work; and similar provisions. B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of Paragraph 11.02.A, it will be deemed to be of full fo rce and effect, as if fully executed. GENERAL CONDITIONS - 52 C. If Owner and Contractor are unable to agree on a price for Change Order work, do not proceed with Work unless ordered in writing by the Engineer or Owner as a Work Change Directive. D. If work involved is not essential to the scope of the project and/or there is sufficient time, a Bulletin will be issued and recommended by the Engineer. The Bulletin will request a price for proposed work, and/or any adjustment in Contract Times. If the price as offered or as later negotiated is acceptable, the Bulletin will become the basis of the Change Order. By Owner acceptance and signing, the Bulletin offered by the Contractor may become a combined document: Bulletin #___/Change Order #___, or a new separate Change Order may be prepared. 11.03 Work Change Directives: A. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.07 regarding change of Contract Price. B. If Owner has issued a Work Change Directive and: 1. Contractor believes that an adjustment in Contract Times or Contract Price is necessary, then Contractor shall submit any Change Proposal seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. 2. Owner believes that an adjustment in Contract Time or Contract Price is necessary, then Owner shall submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive. 11.04 Field Orders: A. Engineer may authorize minor changes in the Work if the changes 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. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. B. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. C. A Field Order is written by the Engineer and issued to the Contractor, copied to Owner. If the Contractor, or Owner does not object to the Field Order within three days of issuance and delivery, the Field Order will be deemed in full force and effect. 11.05 Owner-Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. GENERAL CONDITIONS - 53 Changes involving the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters will be supported by Engineer’s recommendation. B. Such changes in the Work may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. C. Nothing in paragraph 11.05 shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations. 11.06 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, except in the case of an emergency as provided in Paragraph 7.15. 11.07 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.09. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12. B. 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, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.7 or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.07.C). C. Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: GENERAL CONDITIONS - 54 a. for costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee shall be 10 percent; b. for costs incurred under Paragraph 13.01.B.3, the Contractor’s fee shall be five percent; 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 Paragraphs 11.04.C.2.a and 11.04.C.2.b is that the Contractor’s fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; 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 involved in any one change or Change Proposal, the adjustment in Contractor’s fee will be computed by determining the sum of the costs in each of the cost categories in Paragraph 13.01.B (specifically, payroll costs, Paragraph 13.01.B.1; incorporated materials and equipment costs, Paragraph 13.01.B.2; Subcontract costs, Paragraph 13.01.B.3; special consultants costs, Paragraph 13.01.B.4; and other costs, Paragraph 13.01.B.5) and applying to each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a through 11.07.C.2.e, inclusive. 11.08 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.05. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12. B. Delay, disruption, and interference in the Work, and any related changes in Contract Times, are addressed in and governed by Paragraph 4.05 C. A delay from one season to the next (Fall to Spring) may only be changed by Change Order. All additional charges resulting from the delay will be treated as a Set-off to the Contract Price. GENERAL CONDITIONS - 55 11.09 Change Proposal A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; challenge a set-off against payment due; or seek other relief under the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. Each Change Proposal will address only one issue, or a set of closely related issues. B. Change Proposal Procedures 1. Submittal: Contractor shall submit each Change Proposal to Engineer within 30 days after the start of the event giving rise thereto, or after such initial decision. 2. Supporting Data: The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. a. Change Proposals based on or related to delay, interruption, or interference must comply with the provisions of Paragraphs 4.05.D and 4.05.E. b. Change proposals related to a change of Contract Price must include full and detailed accounts of materials incorporated into the Work and labor and equipment used for the subject Work. The supporting data must be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. 3. Engineer’s Initial Review: Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. If in its discretion Engineer concludes that additional supporting data is needed before conducting a full review and making a decision regarding the Change Proposal, then Engineer may request that Contractor submit such additional supporting data by a date specified by Engineer, prior to Engineer beginning its full review of the Change Proposal. 4. Engineer’s Full Review and Action on the Change Proposal: Upon receipt of Contractor’s supporting data (including any additional data requested by Engineer), Engineer will conduct a full review of each Change Proposal and, within 30 days after such receipt of the Contractor’s supporting data, either approve the Change Proposal in whole, deny it in whole, or approve it in part and deny it in part. Such actions must be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. GENERAL CONDITIONS - 56 5. Binding Decision: Engineer’s decision is final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. C. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties in writing that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice will be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. D. Post-Completion: Contractor shall not submit any Change Proposals after Engineer issues a written recommendation of final payment pursuant to Paragraph 15.06.B. 11.10 No Notification of Obligation to Surety by Owner A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change B. Acceptance of Bonds tendered by Contractor to Owner neither creates nor does Owner accept any and all obligations that the Bonding Company may attempt to transfer to Owner even if specified by Bonding Company as a Condition of the Bond. The Contractor is advised he will be assuming any responsibility that the Contractor’s Surety tries to impose on the Owner. ARTICLE 12 – CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: 1. Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters. 4. Subject to the waiver provisions of Paragraph 15.07, any dispute arising after Engineer has issued a written recommendation of final payment pursuant to Paragraph 15.06.B. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, GENERAL CONDITIONS - 57 Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor’s knowledge and belief the amount of time or money requested accurately reflects the full and fair amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation: 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator’s fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: GENERAL CONDITIONS - 58 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or 2. When needed to determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor in advance of the subject Work. Such employees include, without limitation, superintendents, foremen, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs include, but are not limited to, salaries and wages plus the cost of fringe benefits, which include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, will be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01. 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. Other costs consisting of 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 GENERAL CONDITIONS - 59 Site, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. 1) In establishing included costs for materials such as scaffolding, plating, or sheeting, consideration will be given to the actual or the estimated life of the material for use on other projects; or rental rates may be established on the basis of purchase or salvage value of such items, whichever is less. Contractor will not be eligible for compensation for such items in an amount that exceeds the purchase cost of such item. c. Construction Equipment Rental 2) Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Costs for equipment and machinery owned by Contractor or a Contractor- related entity will be paid at a rate shown for such equipment in the equipment rental rate book. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. e. With respect to Work that is the result of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price (“changed Work”), included costs will be based on the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, must cease to accrue when the use thereof is no longer necessary for the changed Work. f. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. g. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. h. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), 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 GENERAL CONDITIONS - 60 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. i. The cost of utilities, fuel, and sanitary facilities at the Site. j. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. k. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee. 2. The cost of purchasing, renting, or furnishing small tools and hand tools. For purposes of this paragraph, “small tools and hand tools” means any tool or equipment whose current price if it were purchased new at retail would be less than $500. 3. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 4. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 5. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 6. Expenses incurred in preparing and advancing Claims. 7. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B. D. Contractor’s Fee 1. When the Work as a whole is performed on the basis of cost-plus-a-fee, then: a) Contractor’s fee for the Work set forth in the Contract Documents as of the Effective Date of the Contract will be determined as set forth in the Agreement. GENERAL CONDITIONS - 61 b) for any Work covered by a Change Order, Change Proposal, Claim, set- off, or other adjustment in Contract Price on the basis of Cost of the Work, Contractor’s fee will be determined as follows: c) When the fee for the Work as a whole is a percentage of the Cost of the Work, the fee will automatically adjust as the Cost of the Work changes. d) When the fee for the Work as a whole is a fixed fee, the fee for any additions or deletions will be determined in accordance with Paragraph 11.07.C.2. 2. When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost-plus-a-fee, then Contractor’s fee for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph 11.07.C.2.Contractor’s Fee: E. Documentation and Audit: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices. Subject to prior written notice, Owner will be afforded reasonable access, during normal business hours, to all Contractor’s accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and Contractor’s fee. Contractor shall preserve all such documents for a period of three years after the final payment by Owner. Pertinent Subcontractors will afford such access to Owner, and preserve such documents, to the same extent required of Contractor. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. GENERAL CONDITIONS - 62 13.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. The Schedule of Values may refer to unknown quantities as “Estimated Figures.” 1. Change proposals submitted because of reduction of over 25% of estimated quantity of pit filling, or pit sealing, or roof seam sealing will be limited to reasonable (<25% cost of material) material restocking charge. 2. Change proposals submitted because of reduction of over 25% of estimated quantity of pit welding, seam welding, or repairs will not be accepted if mobilization of welder for other repairs was required. Claims for reduction where repair was limited to reduced item will be limited to remaining percentage of mobilization costs. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. 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 the following paragraph. ARTICLE 14 – TESTS, OBSERVATIONS, AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK, STOP WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide the Owner and Engineer and Resident Project Representative, proper and safe conditions and equipment for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. Reasonable times means at times that would not burden the Contractor with an entire workforce, waiting to go back to work. Between job functions, at scheduled times, or Contractor breaks are reasonable times. 14.02 Tests, Observations, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required observations, required inspections, and tests by others and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. GENERAL CONDITIONS - 63 B. Owner shall retain and pay for the services of an independent inspector (RPR), testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. 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, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. Correction of Failed Inspections, Non-Conformance Reports 1. Non-Conformance Reports (NCR): The Engineer/RPR will issue a Non- Conformance Report for every performance item, material, or equipment supplied, and/or environmental situation that fails to meet requirements of the specifications. 2. Correct all work in Non-conformance before proceeding. 3. Immediately correct all environmental non-conformance to prevent accidents or environmental incidents. If an incident has already occurred, contact the proper governmental environmental agency and conduct an immediate clean-up per their direction. Notify Engineer/RPR of environmental release and of the environmental agency’s requirements for cleanup. 4. If issued non-conformance reports are not corrected, the failure will be considered a breach of contract by the Contractor entitling the Owner to damages as follows, items listed in Paragraph 14.02.E.4.b will be treated as Set off: a. Work in non-conformance: If the Contractor refuses to correct, the bonding company will be notified to finish the project. At that point, payment to the Contractor for all completed work will stop until the bonding company authorizes payment, or payment may be made to the GENERAL CONDITIONS - 64 bonding company after they have proven assumption of the contract. This clause does not give either party rights to a greater payment than detailed elsewhere in these documents. b. Equipment specified but never supplied, or broken equipment not repaired or replaced: 125% of the rental value of equipment in non-conformance (i.e. non-working decontamination trailer, hand wash facilities, air filtration units, etc.). Environmental issues: 125% of the estimate of compliance. *The cost of items 4.a. above is calculated by damage estimates. The cost of equipment will be the rental charge from a reputable local dealer with 35% extra, being for operation cost. Cost of environmental compliance is the estimated cost of compliance. In no situation will the Owner assume liability. F. Costs of failed observations as defined in the Technical Specifications, are the responsibility of the Contractor. Owner will pay Engineer and recover costs by Set- off to the Contractor. G. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. H. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor’s expense. (See Hold Points in Specifications.) 14.03 Defective Work A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective. B. Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. With coatings it is recognized that removing topcoat will damage underlying coats. Repair and recoat per directive of Engineer. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the observation and/or inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or GENERAL CONDITIONS - 65 replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable Set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept defective Work, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable Set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer’s observation, and then replace the coating, all at Contractor’s expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then 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, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages 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 pending Contractor’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable Set-off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. GENERAL CONDITIONS - 66 D. Article 14.05 will be used only where applicable, such as insulation over fill pipe, work that can be viewed after it is uncovered. These paragraphs do not apply to coating because “uncovering” the topcoat will subsequently damage the underlying coatings. With coating removal, all work will be considered defective and Paragraph Article 14.05.C.1 shall apply. Article 14.05.C.2 shall not be used with coating removal. 14.06 Owner, Engineer/RPR May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. B. Engineer/RPR may stop work if continued Work would result in the Contractor covering defective Work, or if continued operations will result in an environmental incident. Engineer/RPR’s authority to stop Work ceases after notification of Owner and sufficient time for Owner to issue directives or to appear on site. (See14.06 A) 14.07 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, 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, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, 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 incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as Set-offs against payments due under Article 15. Such claims, costs, losses and damages will include but not be limited to all Engineer’s fees and Owner’s expenses, costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 14.07. GENERAL CONDITIONS - 67 ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments: Contractor is not required to apply for monthly payments. If they choose they may submit a final pay request only. If they want interim payment then the protocol of paragraph 15.01 shall be followed. 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 2. Engineer will consider that material stored on-site has no value until properly applied. Engineer will not recommend payment for materials in storage. 3. 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. 4. The amount of retainage with respect to progress payments will be as stipulated in the Agreement.4. C. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, 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. If Contractor fails to submit required documentation material with application for payment, Engineer will notify Contractor of missing documents. If after second submittal material is still missing, Engineer may submit pay application to Owner withholding all moneys relative to missing data, or to contact Contractor again. Contractor is responsible for all increased engineering costs to the Owner as a Set-off after second submittal. 3. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified GENERAL CONDITIONS - 68 design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 4. By recommending any such payment Engineer will represent that: a. observations made to check the quality or the quantity of the Work as it has been performed have been completed per conditions and limitations of Article 10 and Engineer Owner contract. b. there may 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. 5. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 6. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.3. 7. Engineer will recommend reductions in payment (Set-offs) necessary in Engineer’s opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; GENERAL CONDITIONS - 69 d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. f. Reasonable evidence that the work cannot be completed for the unpaid balance of the contract sum; g. Reasonable evidence that the work cannot be completed within the contract time, or; h. Damage to Owner or another Contractor; i. Persistent failure to carry out the work in accordance with the Contract Documents; j. Amount withheld to complete work calculated at cost of hiring another Contractor to complete work in case of default; k. Legal claims have been made, or Engineer has reasonable knowledge of anticipated claims; D. Payment Becomes Due: 1. Thirty days, or Owner’s normal check processing schedule, after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner: 1. In addition to any reductions in payment (Set-offs) recommended by Engineer, Owner is entitled to impose a Set-off against payment based on any of the following: a. claims have been made against Owner on account of Contractor’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to complete field observations that were determined to be a failed observation; GENERAL CONDITIONS - 70 f. the Work is defective, requiring correction or replacement including additional inspection costs; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. the Contract Price has been reduced by Change Orders; i. an event that would constitute a default by Contractor and therefore justify a termination for cause; j. liquidated damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; l. other items entitling Owner to a set off against the amount recommended. 2. If Owner imposes any Set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, 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, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C. 15.02 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. 15.03 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 and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. On tank projects, date of Substantial Completion is the date the tank is, or would have been returned to service, except for voluntary delay by Owner. Date of Substantial Completion is after complete cure, disinfection, and testing. A voluntary delay by Owner in filling the tank does not extend the Substantial Completion Date. GENERAL CONDITIONS - 71 C. Promptly after Contractor’s notification, 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 therefor. 1. If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re-inspection or re-testing by Engineer, the cost of such re-inspection or re-testing, including the cost of time, travel and living expenses, will be paid by Contractor to Owner. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable Set-off against payments due under this Article 15. D. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, a fter considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy 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, subject to the following conditions: 1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through F for that part of the Work. GENERAL CONDITIONS - 72 2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. 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 consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 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. Note: If an item on the punchlist interferes with return of structure to service then the structure cannot be considered Substantially Complete. 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 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, and other documents, Contractor may make application for final payment. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d. a list of all duly pending Change Proposals and Claims; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. f. A complete Submittal of Application for Final Payment fulfills all requirements and terminates the Liquidated Damages that may be assessed against Ready for Final Payment date. GENERAL CONDITIONS - 73 B. Engineer’s Review of Application and Acceptance: 1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any Set-offs against payment that are necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give notice to Owner and Contractor that the Work is completed, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer’s written recommendation of final payment. Contractor is responsible for security, safety, etc. on the site until all his equipment is removed and all keys are returned. D. Final Payment Becomes Due: Upon receipt from Engineer of the final Application for Payment and accompanying documentation, Owner shall Set- off against the amount recommended by Engineer for final payment any further sum to which Owner is entitled, including but not limited to Set-offs for liquidated damages and Set-offs allowed under the provisions of this Contract with respect to payments. Owner shall pay the resulting balance due to Contractor within 30 days of Owner’s receipt of the final Application for Payment from Engineer. 15.07 Waiver of Claims A. By making final payment, Owner waives its claim or right to liquidated damages or other damages for late completion by Contractor, except as set forth in an outstanding Claim, appeal under the provisions of Article 17, Set-off, or express reservation of rights by Owner. Owner reserves all other claims or rights after final payment. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17. 15.08 Correction Period A. If within thirteen months after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; GENERAL CONDITIONS - 74 2. correct such defective Work; 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom. B. Owner shall give any such notice of defect within 60 days of the discovery that such Work or repairs is defective. If such notice is given within such 60 days but after the end of the correction period, the notice will be deemed a notice of defective Work under Paragraph 7.17.B. C. If, after receipt of a notice of defect within 60 days and within the correction period, Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all 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). Contractor’s failure to pay such costs, losses, and damages within 10 days of invoice from Owner will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the failure to pay. Notice of Claim may also be made to the bonding company, and will include requirement that the Maintenance Bond remain in effect. D. 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. E. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, 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. F. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16 – SUSPENSION OF WORK AND TERMINATION 16.01 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 written notice to Con tractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work. GENERAL CONDITIONS - 75 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor’s repeated disregard of the authority of Owner or Engineer. 5. When, in the opinion of the Engineer, the Non-Conformance Reports and daily reports indicate the Contractor is unable or unwilling to complete the contract within the terms of the contract. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable Performance Bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, 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 complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds 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. GENERAL CONDITIONS - 76 F. 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, or any rights or remedies of Owner against Contractor or any surety under any Payment Bond or Performance Bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a Performance Bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D. H. Because of health, safety, and security concerns, this contract requires prequalification of Contractors. Termination procedures in this General Conditions are part of this contract. The bonding surety when taking over this Contract is required to complete work with an alternate prequalified Contractor. 16.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) 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 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 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 are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract GENERAL CONDITIONS - 77 Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph. ARTICLE 17 – FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and 2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents and arising after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. 4. For any matter subject to final resolution under this Article, the prevailing party shall be entitled to an award of its attorneys’ fees incurred in the final resolution proceedings, in an equitable amount to be determined in the discretion of the court, arbitrator, arbitration panel, or other arbiter of the matter subj ect to final resolution, taking into account the parties’ initial demand or defense positions in comparison with the final result. ARTICLE 18 - MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice. 3. by e-mail to the recipient, with the words “Formal Notice” or similar in the e- mail’s subject line. 18.02 Computation of Times A. When any period of time is referred to in the Contract 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 GENERAL CONDITIONS - 78 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. 18.03 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. 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. 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is 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. 18.09 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal GENERAL CONDITIONS - 79 representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 18.10 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared By Modified by DIXON C-800 (2018), SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT This document was prepared using the guidelines for Supplemental Conditions prepared by the EJCDC (Document Committee). They have been edited to supplement General Conditions prepared by DIXON and are referred to as DIXON General Conditions 2018. In those documents DIXON merged all applicable supplemental conditions with the general conditions where appropriate. Issues that may change on a project to project basis were removed from the general conditions and placed in their entirety in the Supplementals. Items like Insurance where the Owner has to approve all of the Insurance paragraphs, not just those usually located in the supplemental. Electronic Document Transmittal (EDT) was also moved to the Supplemental. SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page ARTICLE 1— Definitions and Terminology ............................................................................................... 1 ARTICLE 2— Preliminary Matters ............................................................................................................. 1 ARTICLE 3— Contract Documents: Intent, Requirements, Reuse ............................................................ 2 ARTICLE 4— Commencement and Progress of the Work ......................................................................... 2 ARTICLE 5— Site, Subsurface and Physical Conditions, Hazardous Environmental Conditions……….2 ARTICLE 6— Bonds and Insurance ........................................................................................................... 2 ARTICLE 7— Contractor’s Responsibilities .............................................................................................. 6 ARTICLE 8— Other Work at the Site ......................................................................................................... 7 ARTICLE 9— Owner’s Responsibilities .................................................................................................... 7 ARTICLE 10— Engineer’s Status During Construction ............................................................................. 7 ARTICLE 11— Changes to the Contract .................................................................................................... 7 ARTICLE 12— Claims ............................................................................................................................... 7 ARTICLE 13— Cost of Work; Allowances, Unit Price Work .................................................................... 7 ARTICLE 14— Tests and Inspections; Correction, Removal, or Acceptance of Defective Work ............. 7 ARTICLE 15— Payments to Contractor, Set-offs; Completions; Correction Period ................................. 7 ARTICLE 16— Suspension of Work and Termination ............................................................................... 7 ARTICLE 17— Final Resolutions of Disputes ........................................................................................... 7 ARTICLE 18— Miscellaneous .................................................................................................................... 7 OAK BROOK - SUPPLEMENTARY CONDITIONS - 1 SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT These Supplementary Conditions amend or supplement DIXON 2018 Standard General Conditions of the Construction Contract Section 00 07 00. The General Conditions remain in full force and effect except as amended. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added—for example, “Paragraph SC-4.05.” ARTICLE 1 – DEFINITIONS AND TERMINOLOGY No suggested Supplementary Conditions in this Article. ARTICLE 2 - PRELIMINARY MATTERS Add the following to the General Conditions after 2.06.B.2.g h. The Owner operates a Project information management system (also referred to in this EDP as “Project Website”) for use of Owner, Engineer and Contractor during the Project for exchange and storage of Project-related communications and information. Except as otherwise provided in this EDP or the General Conditions, use of the Project Website by the parties as described in this Paragraph will be mandatory for exchange of Project documents, communications, submittals, and other Project-related information. The following conditions and standards will govern use of the Project Website: 1) Describe the period of time during which the Project Website will be operated and be available for reliance by the parties; 2) Provide any minimum system infrastructure, software licensing and security standards for access to and use of the Project Website; 3) Describe the types and extent of services to be provided at the Project Website (such as large file transfer, email, communication and document archives, etc.); and 4) Include any other Project Website attributes that may be pertinent to Contractor’s use of the facility and pricing of such use. If a Contractor creates a Website the Owner is not required to participate. If Owner, or Engineer at Owner’s request, creates a Project specific Website, Protocol will be established at the Preconstruction Meeting. SC-2.06 Supplement Paragraph 2.06 of the General Conditions by adding the following paragraph: D. Requests by Contractor for Electronic Documents in Other Formats 1. Release of any Electronic Document versions of the Project documents in formats other than those identified in the Electronic Documents Protocol (if any) or elsewhere in the Contract will be at the sole discretion of the Owner. SUPPLEMENTARY CONDITIONS of the CONSTRUCTION CONTRACT - 2 2. To extent determined by Owner, in its sole discretion, to be prudent and necessary, release of Electronic Documents versions of Project documents and other Project information requested by Contractor (“Request”) in formats other than those identified in the Electronic Documents Protocol (if any) or elsewhere in the Contract will be subject to the provisions of the Owner’s response to the Request. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 – SITE, SUBSURFACE AND PHYSICAL CONDITIONS, HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 Subsurface and Physical Conditions A. There are no known Technical data or Drawings available for this site. SC-5.06 Hazardous Environmental Conditions A. There are no known reports or site conditions which would or could indicate that the site is a hazardous environmental site. ARTICLE 6 – BONDS AND INSURANCE SC-6.02 Insurance—General Provisions A. Contractor shall obtain and maintain insurance as required in this Article of the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. All companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. Insurance Companies must, in addition to State license, be incorporated and originating from within the United States. Offshore companies or internet companies are not acceptable. Contractor may obtain worker’s compensation insurance from an insurance company that has not been rated by A.M. Best, provided that such company (a) is domiciled in the state in which the Project is located, (b) is certified or authorized as a worker’s compensation insurance provider by the appropriate state agency, and (c) has been accepted to provide worker’s compensation insurance for similar projects by the state within the last 12 months. C. Alternative forms of insurance coverage, including but not limited to self-insurance and “Occupational Accident and Excess Employer’s Indemnity Policies,” are not sufficient to meet the insurance requirements of this Contract. D. Contractor shall deliver to Owner, with copies to each named insured and additional insured, minimum three (3) copies (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies SUPPLEMENTARY CONDITIONS of the CONSTRUCTION CONTRACT - 3 of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. E. Failure of Owner to demand such certificates or other evidence of the Contractor’s full compliance with these insurance requirements, or failure of Owner to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the Contractor’s obligation to obtain and maintain such insurance. F. In addition to the liability insurance required to be provided by Contractor, the Owner, at Owner’s option, may purchase and maintain Owner’s own liability insurance. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of Contractor’s obligations to the Owner, Engineer, or third parties. G. If Contractor does not purchase or maintain all of the insurance at the specified level by the Contract, Contractor shall notify Owner 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. H. If Contractor has failed to obtain and maintain required insurance, Contractor’s entitlement to enter or remain at the Site will end immediately, and Owner may impose an appropriate Set-off against payment for any associated costs, and exercise Owner’s termination rights under Article 16 of the General Conditions. I. Without prejudice to any other right or remedy, if Contractor has failed to obtain or maintain required insurance, Owner may elect to obtain equivalent insurance to protect Owner’s interests at the expense of the Contractor who was required to provide such coverage, and the Contract Price shall be adjusted accordingly with a Set-off. J. Contractor shall require: 1. Subcontractors to purchase and maintain worker’s compensation, commercial general liability, and other insurance that is appropriate for their participation in the Project, and to name as additional insureds Owner and DIXON (and any other individuals or entities identified in these Supplementary Conditions as additional insureds on Contractor’s liability policies) on each Subcontractor’s commercial general liability insurance policy; and 2. Suppliers to purchase and maintain insurance that is appropriate for their participation in the Project. K. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor’s interests. Contractor is responsible for determining whether such coverage and limits are adequate to protect its interests, and for obtaining and maintaining any additional insurance that Contractor deems necessary. L. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability, or that of its subcontractors or Suppliers, under the indemnities granted to Owner and other individuals and entities in the Contract. SUPPLEMENTARY CONDITIONS of the CONSTRUCTION CONTRACT - 4 M. All the policies of insurance required to be purchased and maintained under this Contract will contain a provision or endorsement that the coverage afforded will not be canceled, or renewal refused, until at least 10 days prior written notice has been given to the Contractor. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured and Engineer. N. All policies apply with respect to the performance of the Work, whether such performance is by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable SC-6.03 Contractor’s Insurance Insurance requirements are given in the attachment INDEMNIFICATION AND INSURANCE. A. Additional Insureds: The Contractor’s commercial general liability, automobile liability, employer’s liability, umbrella or excess, and unmanned aerial vehicle liability policies, if required by this Contract, must: 1. Include and list as additional insureds Owner and DIXON, and any individuals or entities identified as additional insureds in the Supplementary Conditions; 2. Include coverage for the respective officers, directors, members, partners, employees, and consultants of all such additional insureds; 3. Afford primary coverage to these additional insureds for all claims covered thereby (including as applicable those arising from both ongoing and completed operations); 4. Not seek contribution from insurance maintained by the additional insured; and 5. As to commercial general liability insurance, apply to additional insureds with respect to liability caused in whole or in part by Contractor’s acts or omissions, or the acts and omissions of those working on Contractor’s behalf, in the performance of Contractor’s operations. SC-6.04 Builder’s Risk and Other Property Insurance A. Builder’s Risk: Unless otherwise provided in these Supplementary Conditions, Contractor shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the Work’s full insurable replacement cost (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). The specific requirements applicable to the builder’s risk insurance are set forth in the Supplementary Conditions. B. Property Insurance for Facilities of Owner Where Work Will Occur: Owner is responsible for obtaining and maintaining property insurance covering each existing structure, building, or facility in which any part of the Work will occur, or to which any part of the Work will attach or be adjoined. C. The builder’s risk insurance must be written on a builder’s risk “all risk” policy form that at a minimum includes insurance for physical loss or damage to the Work. Material in storage or transit is at risk and protected as Contractor determines. The SUPPLEMENTARY CONDITIONS of the CONSTRUCTION CONTRACT - 5 Owner does not take responsibility for storage, transit or while on site until installed. The policy may or the Contractor may self-insure for vandalism and malicious mischief; debris removal; and water damage (other than that caused by flood). 1. Such policy will include an exception that results in coverage for ensuing losses from physical damage or loss with respect to any defective workmanship, methods, design, or materials exclusions. 2. Policy shall allow a. for the waiver of the insurer’s subrogation rights, as set forth in this Contract. b. allow for partial occupancy or use by Owner by endorsement, and without cancellation or lapse of coverage. c. be maintained in effect until the Work is complete, as set forth in Paragraph 15.06.D of the General Conditions, or until written confirmation of Owner’s procurement of property insurance following Substantial Completion, whichever occurs first d. either insure or self-insure for all “soft cost” losses, the Owner is not responsible for Soft Losses which result from an insurable event. D. Contractor’s failure to submit an “All Risk” policy form of the Builder’s Risk Policy will be taken as an affirmation that the Contractor is self-insuring all risks and responsibilities listed in Article SC 6.04 Builders Risk and Other Property Insurance. 1. The Owner reserves the right to require verification that Contractor has the financial ability to self-insure Builder’s Risk, including review of corporate financial statements. SC-6.05 Property Losses; Subrogation A. The builder’s risk insurance policy purchased and maintained in accordance with Paragraph 6.04, will contain provisions to the effect that in the event of payment of any loss or damage the insurer or self-insured will have no rights of recovery against any insureds thereunder, or against DIXON or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. 1. Contractor waives all rights against Owner and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils, risks, or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all individuals or entities identified in the Supplementary Conditions as builder’s risk or installation floater insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. C. The waivers in this Paragraph 6.05 include the waiver of rights 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 insured peril, risk, or cause of loss. SUPPLEMENTARY CONDITIONS of the CONSTRUCTION CONTRACT - 6 D. Contractor shall be responsible for assuring that each Subcontract contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from fire or other peril, risk, or cause of loss covered by builder’s risk insurance, installation floater, and any other property insurance applicable to the Work. E. Failure of Contractor, if self-insured, to make appropriate payments for reparations will result in equitable Set-off by Owner SC-6.06 Receipt and Application of Property Insurance Proceeds A. If no other special agreement is reached, Contractor shall repair or replace the damaged Work, using allocated insurance proceeds. SC-6.07 Indemnification moved from GC-7.18. Contractor is advised that the Owner may have made changes. A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from losses, damages, costs, and judgments (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 from third-party claims or actions relating to or resulting from the performance or furnishing of the Work, provided that any such claim, action, loss, cost, judgment or damage is attributable to bodily injury, sickness, disease, or death, or to damage to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission 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. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors 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 SC 6.07.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. ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES SUPPLEMENTARY CONDITIONS of the CONSTRUCTION CONTRACT - 7 ARTICLE 8 – OTHER WORK AT THE SITE 8.02 Coordination – If there is other Work to be completed it will be discussed in Section 00 00 40 Project Explanation of the Specifications. ARTICLE 9 – OWNER’S RESPONSIBILITIES ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION ARTICLE 11 – CHANGES TO THE CONTRACT ARTICLE 12 – CLAIMS ARTICLE 13 – COST OF WORK; ALLOWANCES, UNIT PRICE WORK ARTICLE 14 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCCEPTANCE OF DEFECTIVE WORK ARTICLE 15 – PAYMENTS TO CONTRACTOR, SET-OFFS; COMPLETIONS; CORRECTION PERIOD ARTICLE 16 – SUSPENSION OF WORK AND TERMINATION ARTICLE 17 – FINAL RESOLUTIONS OF DISPUTES ARTICLE 18 – MISCELLANEOUS INDEMNIFICATION: The Contractor shall protect, indemnify, save, defend and hold forever harmless the Village and/or its officers, officials, employees, volunteers and agents from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses, including without limitation court costs, insurance deductibles and attorney's fees and expenses, which the Village and/or its officers, officials, employees, volunteers and agents may incur, suffer or sustain, or for which the Village and/or its officers, employees and agents may become obligated by reason for any accident, injury to or death of persons or loss of or damage to property, or civil and/or constitutional infringement of rights (specifically including violations of the Federal Civil Right Statutes), arising indirectly or directly in connection with or under, or as a result of, this or any Agreement by virtue of any act or omission of any of the Contractor's officers, employees, subcontractors, and/or agents, provided that the Contractor shall not be liable for claims, obligations, damages, penalties, causes of action, costs and expenses arising solely by any act or omission of the Village's officers, officials, employees, volunteers and/or agents. The contractor shall hold the Village harmless for any and all claims for labor, material, apparatus, equipment, fixtures or machinery furnished to the contractor for the purpose of performing the work under the contract; and the payment of all direct and indirect damages to any person, firm, company or corporation suffered or sustained on account of the performance of such work during the time the contract is in force. INSURANCE: Certificates of Insurance and Additional Insured Endorsement shall be presented to the Village within fifteen (15) days after the receipt by the Contractor of the Notice of Award and the unexecuted contract, it being understood and agreed that the Village will not approve and execute the contract nor will the bid guarantee be returned until acceptable insurance certificates are received and approved by the Village. Each Contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee working under a permit as required pursuant to the provisions of Title 1, Chapter 8 of the Code of Ordinances of the Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance as specified herein. Such Contractor and permittee shall procure and maintain for the duration of the contract or permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work under the contract or permit, either by the Contractor, permittee, or their agents, representatives, employees or sub Contractors. A Contractor or permittee shall maintain insurance with limits no less than: A. General Liability - $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, provided that when the estimated cost of the work in question does not exceed $25,000, the required limit shall be $1,000,000; B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and property damage; C. Worker's Compensation and Employer's Liability - Worker's Compensation limits as required by the Labor Code of the State of Illinois and Employer's Liability limits of $1,000,000 per accident. Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the Village, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the Village, its officers, officials, employees and volunteers; or the Insured shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses to the extent of such deductible or self- insured retention. The policies shall contain, or be endorsed to contain, the following provisions: D. General Liability and Automobile Liability Coverage - (1) The Village, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Insured; premises owned, occupied or used by the Insured. The coverage shall contain no special limitations on the scope of protection afforded to the Village, its officers, officials, employees, volunteers or agents. (2) The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's insurance and shall not contribute with it. (3) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officers, officials, employees, volunteers or agents. (4) The Insured's insurance shall apply separately to each covered party against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. E. Worker's Compensation and Employer's Liability Coverage The policy shall waive all rights of subrogation against the Village, its officers, officials, employees, volunteers and agents for losses arising from work performed by the insured for the Village. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the Village. Each insurance policy shall name the Village, its officers, officials and employees, volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no less than A: VII. Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the Village, see Section C of this Bid Package, and shall be subject to approval by the Village Attorney before work commences. The Village reserves the right to require complete, certified copies of all required insurance policies, at any time. Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. PREVAILING WAGE AFFIDAVIT I, ___________________________(name of signatory), on oath hereby state and certify that _____________________________ (name of Contractor), pursuant to a Contract dated ___________, 2019, with the Village of Oak Brook for the ______________ Project, has complied and will comply with all laws, including those relating to the employment of labor, the payment of the current general prevailing rate of hourly wages for each craft or type of worker or mechanic needed to execute the Contract or perform such work, and also the current general prevailing rate for legal holiday and overtime work, as ascertained by the Illinois Department of Labor for DuPage County, Illinois, and those prevailing rates are paid and shall be paid for each craft or type of worker or mechanic needed to execute the aforesaid Contract or to perform such work. _____________________________ (name of Contractor) has also complied and will comply with all record keeping requirements established in the Prevailing Wage Act (820 ILCS 130/0.01, et seq. CONTRACTOR: By:_____________________________________ Title: ___________________________________ SUBSCRIBED AND SWORN TO BEFORE ME THIS _____ DAY OF _______________, 2021 ________________________________________ NOTARY PUBLIC CERTIFICATION OF PAYROLL RECORDS I, ___________________ (name of person executing this certificate), do hereby certify that I am the duly qualified and acting __________________ (title) for ____________________ , (name of contractor) and, as such, am authorized to certify payroll records as true and accurate for such company in accordance with the requirements of Section 5 of the Prevailing Wage Act (820 ILCS 130/5) (the "Act"). I do hereby further certify that the following document is a true and accura te copy of the records of all laborers, mechanics, and other workers employed by _____________ (name of contractor) on the _____________ Project (the "Project") for the Village of Oak Brook (the “Village”), including each such worker's name, address, telephone number, social security number, classification or classifications; and the hourly wages paid in each pay period, hours worked each day, and the starting and ending times of work each day for each such worker on such Project. I do hereby further certify that the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required by the Act, and that _______________ (name of contractor), and I on behalf of such contractor, are fully aware that filing a certified payroll that we know to be false is a Class B misdemeanor. I further certify that upon two (2) business days' notice, if requested, we and any subcontractor hired by us shall make available for inspection the records required in the Act to the District, its officers and agents, and to the Director of Labor, his deputies and agents, at reasonable hours at a location within the State of Illinois. Date: ____________________, 2021 ____________________________________ (Name of Contractor) ____________________________________ (Signature) ____________________________________ (Printed Name) ____________________________________ (Title) Subscribed and sworn to before me this ____ day of _____________, 2021 ______________________________ Notary Public Overtime Trade Title Rg Type C Base Foreman M-F Sa Su Hol H/W Pension Vac Trng Other Ins ASBESTOS ABT-GEN All ALL 44.40 45.40 1.5 1.5 2.0 2.0 16.10 14.21 0.00 0.90 ASBESTOS ABT-MEC All BLD 38.44 41.51 1.5 1.5 2.0 2.0 14.07 12.51 0.00 0.77 BOILERMAKER All BLD 51.56 56.20 2.0 2.0 2.0 2.0 6.97 21.58 0.00 1.20 BRICK MASON All BLD 47.56 52.32 1.5 1.5 2.0 2.0 11.20 20.51 0.00 0.97 CARPENTER All ALL 49.76 51.76 1.5 1.5 2.0 2.0 11.79 23.34 0.00 0.73 CEMENT MASON All ALL 47.00 49.00 2.0 1.5 2.0 2.0 15.75 19.73 0.00 1.00 CERAMIC TILE FINISHER All BLD 41.80 41.80 1.5 1.5 2.0 2.0 11.25 13.41 0.00 0.88 COMMUNICATION TECHNICIAN All BLD 34.25 37.05 1.5 1.5 2.0 2.0 12.60 23.04 2.75 0.68 0.10 ELECTRIC PWR EQMT OP All ALL 44.61 60.87 1.5 1.5 2.0 2.0 6.50 12.49 0.00 1.01 1.34 ELECTRIC PWR GRNDMAN All ALL 34.27 60.87 1.5 1.5 2.0 2.0 6.50 9.60 0.00 0.77 1.03 ELECTRIC PWR LINEMAN All ALL 53.63 60.87 1.5 1.5 2.0 2.0 6.50 15.02 0.00 1.21 1.61 ELECTRIC PWR TRK DRV All ALL 35.52 60.87 1.5 1.5 2.0 2.0 6.50 9.95 0.00 0.80 1.07 ELECTRICIAN All BLD 41.49 45.49 1.5 1.5 2.0 2.0 12.60 25.90 6.00 0.85 0.10 ELEVATOR CONSTRUCTOR All BLD 58.47 65.78 2.0 2.0 2.0 2.0 15.73 18.41 4.68 0.63 FENCE ERECTOR NE ALL 44.42 46.42 1.5 1.5 2.0 2.0 13.68 15.40 0.00 0.65 FENCE ERECTOR W ALL 47.99 51.83 2.0 2.0 2.0 2.0 13.06 24.15 0.00 1.03 GLAZIER All BLD 46.35 47.85 1.5 2.0 2.0 2.0 14.79 22.67 0.00 1.26 HEAT/FROST INSULATOR All BLD 51.25 54.33 1.5 1.5 2.0 2.0 14.07 14.26 0.00 0.77 IRON WORKER E ALL 52.51 54.51 2.0 2.0 2.0 2.0 15.15 24.34 0.00 0.44 IRON WORKER W ALL 47.99 51.83 2.0 2.0 2.0 2.0 13.06 24.15 0.00 1.03 LABORER All ALL 44.40 45.15 1.5 1.5 2.0 2.0 16.10 14.21 0.00 0.90 LATHER All ALL 49.76 51.76 1.5 1.5 2.0 2.0 11.79 23.34 0.00 0.73 MACHINIST All BLD 49.68 52.18 1.5 1.5 2.0 2.0 7.93 8.95 1.85 1.47 MARBLE FINISHER All ALL 35.73 49.05 1.5 1.5 2.0 2.0 11.20 18.71 0.00 0.87 MARBLE MASON All BLD 46.71 51.38 1.5 1.5 2.0 2.0 11.20 19.98 0.00 0.95 MATERIAL TESTER I All ALL 34.40 1.5 1.5 2.0 2.0 16.10 14.21 0.00 0.90 MATERIALS TESTER II All ALL 39.40 1.5 1.5 2.0 2.0 16.10 14.21 0.00 0.90 MILLWRIGHT All ALL 49.76 51.76 1.5 1.5 2.0 2.0 11.79 23.34 0.00 0.73 OPERATING ENGINEER All BLD 1 52.10 56.10 2.0 2.0 2.0 2.0 20.90 17.85 2.00 2.15 OPERATING ENGINEER All BLD 2 50.80 56.10 2.0 2.0 2.0 2.0 20.90 17.85 2.00 2.15 OPERATING ENGINEER All BLD 3 48.25 56.10 2.0 2.0 2.0 2.0 20.90 17.85 2.00 2.15 DuPage County Prevailing Wage Rates posted on 12/1/2020 OPERATING ENGINEER All BLD 4 46.50 56.10 2.0 2.0 2.0 2.0 20.90 17.85 2.00 2.15 OPERATING ENGINEER All BLD 5 55.85 56.10 2.0 2.0 2.0 2.0 20.90 17.85 2.00 2.15 OPERATING ENGINEER All BLD 6 53.10 56.10 2.0 2.0 2.0 2.0 20.90 17.85 2.00 2.15 OPERATING ENGINEER All BLD 7 55.10 56.10 2.0 2.0 2.0 2.0 20.90 17.85 2.00 2.15 OPERATING ENGINEER All FLT 40.00 40.00 1.5 1.5 2.0 2.0 20.50 16.85 2.00 1.65 OPERATING ENGINEER All HWY 1 50.30 54.30 1.5 1.5 2.0 2.0 20.90 17.85 2.00 2.15 OPERATING ENGINEER All HWY 2 49.75 54.30 1.5 1.5 2.0 2.0 20.90 17.85 2.00 2.15 OPERATING ENGINEER All HWY 3 47.70 54.30 1.5 1.5 2.0 2.0 20.90 17.85 2.00 2.15 OPERATING ENGINEER All HWY 4 46.30 54.30 1.5 1.5 2.0 2.0 20.90 17.85 2.00 2.15 OPERATING ENGINEER All HWY 5 45.10 54.30 1.5 1.5 2.0 2.0 20.90 17.85 2.00 2.15 OPERATING ENGINEER All HWY 6 53.30 54.30 1.5 1.5 2.0 2.0 20.90 17.85 2.00 2.15 OPERATING ENGINEER All HWY 7 51.30 54.30 1.5 1.5 2.0 2.0 20.90 17.85 2.00 2.15 ORNAMENTAL IRON WORKER E ALL 51.63 54.13 2.0 2.0 2.0 2.0 14.23 22.25 0.00 1.25 ORNAMENTAL IRON WORKER W ALL 47.99 51.83 2.0 2.0 2.0 2.0 13.06 24.15 0.00 1.03 PAINTER All ALL 48.30 50.30 1.5 1.5 1.5 2.0 18.23 3.65 0.00 1.45 PAINTER - SIGNS All BLD 39.84 44.74 1.5 1.5 2.0 2.0 2.73 3.39 0.00 0.00 PILEDRIVER All ALL 49.76 51.76 1.5 1.5 2.0 2.0 11.79 23.34 0.00 0.73 PIPEFITTER All BLD 50.75 53.75 1.5 1.5 2.0 2.0 10.85 20.85 0.00 2.92 PLASTERER All BLD 47.57 50.42 1.5 1.5 2.0 2.0 11.20 20.17 0.00 0.96 PLUMBER All BLD 52.00 55.10 1.5 1.5 2.0 2.0 16.22 15.60 0.00 1.40 ROOFER All BLD 45.75 49.75 1.5 1.5 2.0 2.0 11.23 13.61 0.00 0.91 SHEETMETAL WORKER All BLD 49.07 51.52 1.5 1.5 2.0 2.0 10.85 17.51 0.00 1.14 2.32 SPRINKLER FITTER All BLD 50.95 53.45 1.5 1.5 2.0 2.0 13.50 16.80 0.00 0.75 STEEL ERECTOR E ALL 52.51 54.51 2.0 2.0 2.0 2.0 15.15 24.34 0.00 0.44 STEEL ERECTOR W ALL 47.99 51.83 2.0 2.0 2.0 2.0 13.06 24.15 0.00 1.03 STONE MASON All BLD 47.56 52.32 1.5 1.5 2.0 2.0 11.20 20.51 0.00 0.97 TERRAZZO FINISHER All BLD 43.54 43.54 1.5 1.5 2.0 2.0 11.25 15.61 0.00 0.90 TERRAZZO MASON All BLD 47.38 50.88 1.5 1.5 2.0 2.0 11.25 17.07 0.00 0.94 TILE MASON All BLD 48.75 52.75 1.5 1.5 2.0 2.0 11.25 16.90 0.00 0.95 TRAFFIC SAFETY WORKER All HWY 36.75 38.35 1.5 1.5 2.0 2.0 7.95 8.20 0.00 0.75 TRUCK DRIVER All ALL 1 39.27 39.82 1.5 1.5 2.0 2.0 9.88 12.80 0.00 0.15 TRUCK DRIVER All ALL 2 39.42 39.82 1.5 1.5 2.0 2.0 9.88 12.80 0.00 0.15 TRUCK DRIVER All ALL 3 39.62 39.82 1.5 1.5 2.0 2.0 9.88 12.80 0.00 0.15 TRUCK DRIVER All ALL 4 39.82 39.82 1.5 1.5 2.0 2.0 9.88 12.80 0.00 0.15 TUCKPOINTER All BLD 47.25 48.25 1.5 1.5 2.0 2.0 8.59 19.48 0.00 0.94 Legend Rg Region Type Trade Type - All,Highway,Building,Floating,Oil & Chip,Rivers C Class Base Base Wage Rate OT M-F Unless otherwise noted, OT pay is required for any hour greater than 8 worked each day, Mon through Fri. The number listed is the multiple of the base wage. OT Sa Overtime pay required for every hour worked on Saturdays OT Su Overtime pay required for every hour worked on Sundays OT Hol Overtime pay required for every hour worked on Holidays H/W Health/Welfare benefit Vac Vacation Trng Training Other Ins Employer hourly cost for any other type(s) of insurance provided for benefit of worker. Explanations DUPAGE COUNTY IRON WORKERS AND FENCE ERECTOR (WEST) - West of Route 53. The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and Veterans Day in some classifications/counties. Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration. If in doubt, please check with IDOL. EXPLANATION OF CLASSES ASBESTOS - GENERAL - removal of asbestos material/mold and hazardous materials from any place in a building, including mechanical systems where those mechanical systems are to be removed. This includes the removal of asbestos materials/mold and hazardous materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close future date. ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where the mechanical systems are to remain. TRAFFIC SAFETY Effective November 30, 2018, the description of the traffic safety worker trade in this County is as follows: Work associated with barricades, horses and drums used to reduce lane usage on highway work, the installation and removal of temporary, non- temporary or permanent lane, pavement or roadway markings, and the installation and removal of temporary road signs. CERAMIC TILE FINISHER The grouting, cleaning, and polishing of all classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed products; all composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass, mosaics, fiberglass, and all substitute materials, for tile made in tile-like units; all mixtures in tile like form of cement, metals, and other materials that are for and intended for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings, swimming pools, and all other places where tile is to form a finished interior or exterior. The mixing of all setting mortars including but not limited to thin-set mortars, epoxies, wall mud, and any other sand and cement mixtures or adhesives when used in the preparation, installation, repair, or maintenance of tile and/or similar materials. The handling and unloading of all sand, cement, lime, tile, fixtures, equipment, adhesives, or any other materials to be used in the preparation, installation, repair, or maintenance of tile and/or similar materials. Ceramic Tile Finishers shall fill all joints and voids regardless of method on all tile work, particularly and especially after installation of said tile work. Application of any and all protective coverings to all types of tile installations including, but not be limited to, all soap compounds, paper products, tapes, and all polyethylene coverings, plywood, masonite, cardboard, and any new type of products that may be used to protect tile installations, Blastrac equipment, and all floor scarifying equipment used in preparing floors to receive tile. The clean up and removal of all waste and materials. All demolition of existing tile floors and walls to be re-tiled. COMMUNICATIONS TECHNICIAN Low voltage installation, maintenance and removal of telecommunication facilities (voice, sound, data and video) including telephone and data inside wire, interconnect, terminal equipment, central offices, PABX, fiber optic cable and equipment, micro waves, V-SAT, bypass, CATV, WAN (wide area networks), LAN (local area networks), and ISDN (integrated system digital network), pulling of wire in raceways, but not the installation of raceways. MARBLE FINISHER Loading and unloading trucks, distribution of all materials (all stone, sand, etc.), stocking of floors with material, performing all rigging for heavy work, the handling of all material that may be needed for the installation of such materials, building of scaffolding, polishing if needed, patching, waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble, holding water on diamond or Carborundum blade or saw for setters cutting, use of tub saw or any other saw needed for preparation of material, drilling of holes for wires that anchor material set by setters, mixing up of molding plaster for installation of material, mixing up thin set for the installation of material, mixing up of sand to cement for the installation of material and such other work as may be required in helping a Marble Setter in the handling of all material in the erection or installation of interior marble, slate, travertine, art marble, serpentine, alberene stone, blue stone, granite and other stones (meaning as to stone any foreign or domestic materials as are specified and used in building interiors and exteriors and customarily known as stone in the trade), carrara, sanionyx, vitrolite and similar opaque glass and the laying of all marble tile, terrazzo tile, slate tile and precast tile, steps, risers treads, base, or any other materials that may be used as substitutes for any of the aforementioned materials and which are used on interior and exterior which are installed in a similar manner. MATERIAL TESTER I: Hand coring and drilling for testing of materials; field inspection of uncured concrete and asphalt. MATERIAL TESTER II: Field inspection of welds, structural steel, fireproofing, masonry, soil, facade, reinforcing steel, formwork, cured concrete, and concrete and asphalt batch plants; adjusting proportions of bituminous mixtures. OPERATING ENGINEER - BUILDING Class 1. Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with Caisson Attachment; Batch Plant; Benoto (requires Two Engineers); Boiler and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant; Combination Back Hoe Front End-loader Machine; Compressor and Throttle Valve; Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Conveyor (Truck Mounted); Concrete Paver Over 27E cu. ft; Concrete Paver 27E cu. ft. and Under: Concrete Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted); Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes, (GCI and similar Type); Creter Crane; Spider Crane; Crusher, Stone, etc.; Derricks, All; Derricks, Traveling; Formless Curb and Gutter Machine; Grader, Elevating; Grouting Machines; Heavy Duty Self-Propelled Transporter or Prime Mover; Highlift Shovels or Front Endloader 2-1/4 yd. and over; Hoists, Elevators, outside type rack and pinion and similar machines; Hoists, One, Two and Three Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment); Locomotives, All; Motor Patrol; Lubrication Technician; Manipulators; Pile Drivers and Skid Rig; Post Hole Digger; Pre-Stress Machine; Pump Cretes Dual Ram; Pump Cretes: Squeeze Cretes-Screw Type Pumps; Gypsum Bulker and Pump; Raised and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor Drawn; Slip- Form Paver; Straddle Buggies; Operation of Tie Back Machine; Tournapull; Tractor with Boom and Side Boom; Trenching Machines. Class 2. Boilers; Broom, All Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over); Conveyor, Portable; Forklift Trucks; Highlift Shovels or Front Endloaders under 2-1/4 yd.; Hoists, Automatic; Hoists, Inside Elevators; Hoists, Sewer Dragging Machine; Hoists, Tugger Single Drum; Laser Screed; Rock Drill (Self-Propelled); Rock Drill (Truck Mounted); Rollers, All; Steam Generators; Tractors, All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame. Class 3. Air Compressor; Combination Small Equipment Operator; Generators; Heaters, Mechanical; Hoists, Inside Elevators (remodeling or renovation work); Hydraulic Power Units (Pile Driving, Extracting, and Drilling); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Low Boys; Pumps, Well Points; Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches. Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick Forklift. Class 5. Assistant Craft Foreman. Class 6. Gradall. Class 7. Mechanics; Welders. OPERATING ENGINEERS - HIGHWAY CONSTRUCTION Class 1. Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt Heater Scarfire; Asphalt Spreader; Autograder/GOMACO or other similar type machines: ABG Paver; Backhoes with Caisson Attachment; Ballast Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi-Mix Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with attachments); Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Paver over 27E cu. ft.; Concrete Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Tower Cranes of all types: Creter Crane: Spider Crane; Crusher, Stone, etc.; Derricks, All; Derrick Boats; Derricks, Traveling; Dredges; Elevators, Outside type Rack & Pinion and Similar Machines; Formless Curb and Gutter Machine; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard Rail Post Driver Truck Mounted; Hoists, One, Two and Three Drum; Heavy Duty Self-Propelled Transporter or Prime Mover; Hydraulic Backhoes; Backhoes with shear attachments up to 40' of boom reach; Lubrication Technician; Manipulators; Mucking Machine; Pile Drivers and Skid Rig; Pre-Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck Mounted; Rock/Track Tamper; Roto Mill Grinder; Slip-Form Paver; Snow Melters; Soil Test Drill Rig (Truck Mounted); Straddle Buggies; Hydraulic Telescoping Form (Tunnel); Operation of Tieback Machine; Tractor Drawn Belt Loader; Tractor Drawn Belt Loader (with attached pusher - two engineers); Tractor with Boom; Tractaire with Attachments; Traffic Barrier Transfer Machine; Trenching; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole Drills (Tunnel Shaft); Underground Boring and/or Mining Machines 5 ft. in diameter and over tunnel, etc; Underground Boring and/or Mining Machines under 5 ft. in diameter; Wheel Excavator; Widener (APSCO). Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front Endloader Machine (Less than 1 cu. yd. Backhoe Bucket or over or with attachments); Compressor and Throttle Valve; Compressor, Common Receiver (3); Concrete Breaker or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 7S Series to and including 27 cu. ft.; Concrete Spreader; Concrete Curing Machine, Burlap Machine, Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or Similar Type); Drills, All; Finishing Machine - Concrete; Highlift Shovels or Front Endloader; Hoist - Sewer Dragging Machine; Hydraulic Boom Trucks (All Attachments); Hydro-Blaster; Hydro Excavating (excluding hose work); Laser Screed; All Locomotives, Dinky; Off-Road Hauling Units (including articulating) Non Self- Loading Ejection Dump; Pump Cretes: Squeeze Cretes - Screw Type Pumps, Gypsum Bulker and Pump; Roller, Asphalt; Rotary Snow Plows; Rototiller, Seaman, etc., self-propelled; Self-Propelled Compactor; Spreader - Chip - Stone, etc.; Scraper - Single/Twin Engine/Push and Pull; Scraper - Prime Mover in Tandem (Regardless of Size); Tractors pulling attachments, Sheeps Foot, Disc, Compactor, etc.; Tug Boats. Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2); Concrete Mixer (Two Bag and Over); Conveyor, Portable; Farm-Type Tractors Used for Mowing, Seeding, etc.; Forklift Trucks; Grouting Machine; Hoists, Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Low Boys; Pipe Jacking Machines; Post-Hole Digger; Power Saw, Concrete Power Driven; Pug Mills; Rollers, other than Asphalt; Seed and Straw Blower; Steam Generators; Stump Machine; Winch Trucks with "A" Frame; Work Boats; Tamper-Form-Motor Driven. Class 4. Air Compressor; Combination - Small Equipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic Power Unit (Pile Driving, Extracting, or Drilling); Light Plants, All (1 through 5); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Pumps, Well Points; Vacuum Trucks (excluding hose work); Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches. Class 5. SkidSteer Loader (all); Brick Forklifts; Oilers. Class 6. Field Mechanics and Field Welders Class 7. Dowell Machine with Air Compressor; Gradall and machines of like nature. OPERATING ENGINEER - FLOATING Diver. Diver Wet Tender, Diver Tender, ROV Pilot, ROV Tender TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION Class 1. Two or three Axle Trucks. A-frame Truck when used for transportation purposes; Air Compressors and Welding Machines, including those pulled by cars, pick-up trucks and tractors; Ambulances; Batch Gate Lockers; Batch Hopperman; Car and Truck Washers; Carry-alls; Fork Lifts and Hoisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors 2-man operation; Pavement Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors; Self-propelled Chip Spreader; Skipman; Slurry Trucks, 2-man operation; Slurry Truck Conveyor Operation, 2 or 3 man; Teamsters; Unskilled Dumpman; and Truck Drivers hauling warning lights, barricades, and portable toilets on the job site. Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or Turnatrailers when pulling other than self-loading equipment or similar equipment under 16 cubic yards; Mixer Trucks under 7 yeards; Ready-mix Plant Hopper Operator, and Winch Trucks, 2 Axles. Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or turnapulls when pulling other than self-loading equipment or similar equipment over 16 cubic yards; Explosives and/or Fission Material Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Oil Distributors, 1-man operation; Pole Trailer, over 40 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry trucks, 1-man operation; Winch trucks, 3 axles or more; Mechanic--Truck Welder and Truck Painter. Class 4. Six axle trucks; Dual-purpose vehicles, such as mounted crane trucks with hoist and accessories; Foreman; Master Mechanic; Self-loading equipment like P.B. and trucks with scoops on the front. TERRAZZO FINISHER The handling of sand, cement, marble chips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the mixing, grinding, grouting, cleaning and sealing of all Marble, Mosaic, and Terrazzo work, floors, base, stairs, and wainscoting by hand or machine, and in addition, assisting and aiding Marble, Masonic, and Terrazzo Mechanics. Other Classifications of Work: For definitions of classifications not otherwise set out, the Department generally has on file such definitions which are available. If a task to be performed is not subject to one of the classifications of pay set out, the Department will upon being contacted state which neighboring county has such a classification and provide such rate, such rate being deemed to exist by reference in this document. If no neighboring county rate applies to the task, the Department shall undertake a special determination, such special determination being then deemed to have existed under this determination. If a project requires these, or any classification not listed, please contact IDOL at 217-782-1710 for wage rates or clarifications. LANDSCAPING Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of equipment used or its size) is covered by the classifications of operating engineer. The work performed by landscape truck drivers (regardless of size of truck driven) is covered by the classifications of truck driver. MATERIAL TESTER & MATERIAL TESTER/INSPECTOR I AND II Notwithstanding the difference in the classification title, the classification entitled "Material Tester I" involves the same job duties as the classification entitled "Material Tester/Inspector I". Likewise, the classification entitled "Material Tester II" involves the same job duties as the classification entitled "Material Tester/Inspector II". OAK BROOK - DEFINITIONS for TECHNICAL SPECIFICATIONS - 1 SECTION 00 91 18 DEFINITIONS for TECHNICAL SPECIFICATIONS PART 1 – GENERAL 1.01 DEFINITIONS FOR TECHNICAL SPECIFICATIONS A. Wet Interior: Internal surfaces, excluding inaccessible areas, to the roof, shell, bottom, accessories, and appurtenances that are exposed to the stored water or its vapor. Examples are the interior of the roof, sidewall, transition cone, and exterior of the access tube within the tank. B. Dry Interior: Surfaces of the finished structure, excluding inaccessible areas, that are not exposed to the elemental atmosphere or the stored water or its vapor. Examples are the interior of the access tube, interior of the riser, and underside of the bowl above the riser. C. Exterior: External surfaces, excluding inaccessible areas, of the roof, sidewall, riser, accessories, and appurtenances that are exposed to the elemental atmosphere. D. Inaccessible Areas: Areas of the finished structure that, by virtue of the configuration of the completed structure, cannot be accessed to perform surface preparation or coating application (with or without the use of scaffolding, rigging, or staging). Inaccessible areas include such areas as the contact surfaces of roof plate lap joints, underside of roof plates where they cross supporting members, top surface of rafters directly supporting roof plates, contact surfaces of bolted connections, underside of column baseplates, contact surfaces of mating parts not intended to be removed or disassembled during routine operation or maintenance of the structure and inside of risers less than a nominal 36 in. diameter. E. Sidewall: Vertical walls to the weld seam of the roof. F. Access Tube: Cylindrical tube extending from top of the riser to the roof through the tank, including all steel appurtenances (i.e. ladder, overflow pipe, brackets, etc.) G. Condensate Platform: Platform that covers entire area of the dry riser and used to collect and stop condensation from entering the basebell. H. Top Platform: Landing area directly under tank’s access tube. I. Basebell: Conic surfaces supporting the riser. J. Roof: Very top of the structure, including top seam of sidewall. K. Bottom: Lower area of the tank proper shaped like a cone. L. Riser: Center support. OAK BROOK – SCHEDULING for RPR SERVICES - 1 SECTION 00 91 19.01 ADDITIONS to GENERAL CONDITIONS SCHEDULING for RPR SERVICES PART 1 - COMMUNICATION 1.00 RESIDENT PROJECT REPRESENTATIVE (RPR) SERVICES A. DIXON provides three types of RPR services or any combination of the three: 1. Hold Point Site Visits (sometimes called Critical Phase Visits) where RPR Services are for defined Hold Point, where Work stops until that portion of Work is reviewed on Site by a professional RPR. 2. Full Time RPR is a professional RPR staying in lodging away from home and living on per diem expenses. 3. Daily RPR is a professional RPR living at home and traveling to Site on a daily basis. 4. Based on the type of project the RPR services may change from Daily or Full Time to Hold Point or from Hold Point to Daily or Full Time. 5. Intended Beneficiary: The onsite observation services for this project are for the benefit of the Owner. There are no intended benefits to the contractor, or any other third parties. Contractor still provides quality control (QC). 1.01 HOLD POINT OBSERVATIONS and MEETINGS A. Each hold point requires an onsite visit for Observation. If the contractor coats over or otherwise makes work inaccessible for Observation, the Work will be considered failed. Remove Work and recoat in accordance with this specification. At least two (2) new hold points, surface preparation and coating, may be created when Work fails after the primer has been applied. B. Stop Work and schedule Observation times for the following Hold Points as a minimum. Additional Hold Points may be determined at the Preconstruction Meeting. Each Hold Point requires a Site visit and observation. Schedule of Hold Points – Preliminary: 1. Hold Point Meeting: The Preconstruction Meeting is included because it is a meeting but also the primary hold Point. The Preconstruction Meeting will not be scheduled until five (5) days after all required submittals are received and reviewed by the Engineer and no exceptions are taken to the shop drawings. 2. Hold Point - Prior to draining tank: a. To ensure all Section of 01 50 00 and 01 53 43 environmental requirements are met. 3. Hold Points – Section 03 01 00.01 – Concrete Foundation Repairs. a. To locate or quantify repairs as necessary. b. To review surface preparation prior to concrete or grout installation and review all products prior to installation. c. After concrete or grout application is complete for quality assurance. 4. Hold Points – Section 05 00 00 – Metal Repairs: a. To locate or quantify repairs as necessary. OAK BROOK – SCHEDULING for RPR SERVICES - 2 b. To review surface preparation prior to welding and review all products prior to installation. c. After welding is complete for quality assurance. 5. Hold Points – Sections 09 97 13 – Steel Coating and 09 97 13.10 Steel Coating Surface Preparation: a. Prior to surface preparation to set the standard. b. Prior to primer application to verify cleanliness, profile, thoroughness, and ambient conditions for coating application. c. Prior to application of each successive coat for quality assurance and ambient conditions for the next coat. d. Prior to final coat to verify all non-conformance issues have been resolved. e. Scheduled pre-final Observation: Allow engineer access to all locations so a complete punch list can be prepared. Final coat on ladders or other access points can be delayed until after this Observation and included as a punch list item. f. Scheduled final Observation: After ALL punch list items have been completed (including painting ladders), provide access to all items on the punch list. 1.02 SCHEDULING for RPR SERVICES for HOLD POINT OBSERVATIONS A. Prior to First Observation 48 hours advance Notice is required B. All Subsequent Hold Points shall be scheduled 12 Hours (previous Day) in advance. 1. Scheduling with a Central Contract Administrator. a. The Contract Administrator in charge of Scheduling for all projects is: Aaron Eckert (269)-838-0622 b. Second Contract Administrator scheduling for all projects is: Craig Springer (630)-417-6769 C. The Contract Administrator may be contacted by cell phone. If no answer a voice mail may be left with all details of RPR request included, or D. The Contract Administrator may be contacted by text to their cell phone. E. If the Contract Administrator is not available DIXON’s base office for the Project may be contacted during regular working hours. F. Contacting a Project Manager for assistance shall be the last alternative. G. Scheduling through an RPR is not an alternative for Hold Point Observation. 1.03 SCHEDULING FOR RPR SERVICES for FULL TIME of DAILY OBSERVATIONS A. Productive Work 1. Do not start, continue, or complete any Productive Work if RPR is not present on the project site. 2. Productive Work includes, but is not limited to, all elements of abrasive blast cleaning, power washing, high pressure water jetting or high/low pressure water cleaning, power tool cleaning, rigging, painting, punch list, and clean-up. 3. Preparation, mobilization, and containment erection, and other non-productive work does not require observation if completed before the structure is removed from service, nor does demobilization after tank is returned to service. OAK BROOK – SCHEDULING for RPR SERVICES - 3 4. But if containment erection is completed while other productive work progresses, an RPR is required. 5. If welding is completed for contracted work (antenna rails, painter’s rails, ladders, etc.) during containment erection welding, then contracted work is considered Productive Work and an RPR shall be present. Any spot painting during containment erection is also considered Productive Work. 6. After the project has been completed and after all punch list items have been completed, cure time and site clean-up, excluding any waste coating or abrasive issues, are not considered Productive Work. 7. After the Project has been completed; complaints from Owner or neighbors concerning health, environmental, or damage issues, or if there are still waste coating or waste abrasive issues, these are considered Productive Work requiring an RPR even after the structure is returned to service. 8. Essentially all work completed between out-of-service date and Substantial Completion Date, excluding cure and disinfection, is considered Productive Work and requires the presence of an RPR. 1.04 SCHEDULING WITH A CENTRAL CONTRACT ADMINISTRATOR A. The Contract Administrator in charge of Scheduling for all projects is: Aaron Eckert (269)-838-0622 B. Second Contract Administrator scheduling for all projects is: Craig Springer (630)-417-6769 C. The Contract Administrator may be contacted by cell phone. If no answer a voice mail may be left with all details of RPR request included or D. The Contract Administrator may be contacted by text to their cell phone. E. If the Contract Administrator is not available DIXON’s base office for the Project may be contacted during regular working hours. F. Scheduling through a Project Manager is not an alternative. 1.05 SCHEDULING THROUGH ONSITE RPR A. Scheduling through on site RPR completing Full Time or Daily RPR Services may be considered a properly completed Request if completed by the foreman and RPR before leaving site. If not completed on site then schedule through the Central Contract Administrator. 1.06 SUMMARY OF SCHEDULING HOLD POINT OBSERVATIONS A. Aaron Eckert (269)-838-0622 1. by phone 2. by text 3. by voice mail B. Craig Springer (630)-417-6769 1. by phone 2. by text 3. by voice mail C. Base Office during work hours OAK BROOK – SCHEDULING for RPR SERVICES - 4 1. by phone 2. NO voicemail D. Project Manager 1. by phone 1.07 SUMMARY OF SCHEDULING FOR FULL TIME OR DAILY OBSERVATIONS A. Aaron Eckert (269)-838-0622 1. by phone 2. by text 3. by voice mail B. Craig Springer (630)-417-6769 1. by phone 2. by text 3. by voice mail C. Base Office during work hours 1. by phone 2. NO voicemail D. RPR on site E. Do NOT contact Project Manager 1.08 CONTRACTOR’S RESPONSIBILITIES A. The Engineer and Owner shall have full access to the Site at reasonable times for their Observation, testing, and Contractor’s personnel and equipment shall be available to the Owner and Engineer/RPR to expedite Observations. Provide Owner, Engineer/RPR proper and safe conditions for such access, including rigging, and advise them of contractor’s site safety procedures and programs so that they may comply as applicable. B. Contractor is responsible for all of Contractor’s manpower needs and scheduling and Work to be completed. RPR is to be available to expedite the project and complete their services with minimal interference of the Contractor’s Work. Successful project completion is dependent on Contractor’s proper scheduling and use of RPR services. C. Contractor is financially responsible for efficient scheduling of RPR services, See Section 00 91 19.02. 1.09 DELAY in ARRIVAL of RPR A. RPRs for Hold Point, Full – Time or Daily observations may be delayed by traffic or other reason from arriving at the scheduled time. Contractor shall contact Contract Administrator immediately if the RPR has not arrived at the scheduled time. B. The Contract Administrator will locate the missing RPR, return to the Contractor with a revised arrival time, and discuss with Contractor what other Work can be completed until RPR arrives for Observation. 1.10 REJECTED DEFECTIVE WORK A. All Productive Work completed without an RPR present shall be considered Defective Work and rejected per the General Conditions. This includes Work completed: 1. Without proper scheduling an RPR OAK BROOK – SCHEDULING for RPR SERVICES - 5 2. Prior to the scheduled arrival of the RPR 3. When Day has been scheduled as a No Workday 4. When RPR is delayed and Contract Administrator has not been notified. 1.11 NON-CONFORMANCE REPORTS (NCR) A. The RPR will issue a non-conformance report for every performance item, material, or equipment supplied, and/or environmental situation that fails to meet requirements of the specifications. B. All Work in non-conformance will be considered Defective Work to be replaced, repaired per terms of the General Conditions. C. Do not start Work until all required equipment and RPR is on-site. D. Immediately correct all environmental non-conformance to prevent an accident. If an incident has already occurred, contact the proper governmental environmental agency and conduct an immediate clean-up per their direction. E. If the Nonconformance is issued because of equipment specified but not delivered, repaired or replaced then the financial Set-off will be 140% * of the rental value of equipment in non-conformance (i.e. non-working decontamination trailer, hand wash facilities, are filtration units, etc.). F. If the Nonconformance issued is because of noncompliance with environmental equipment or practices the Set-off will be 140%* of the estimated cost of compliance. *The costs of items E. and F. above are damage estimates. The cost of equipment will be the rental charge from a reputable local dealer with 40% extra being for operation cost. Cost of environmental compliance is the estimated cost of compliance. The extra 40% is potential risk to the owner for non-conformance. In no situation will the Owner assume liability. G. All additional Engineering/RPR expenses incurred because of a nonconformance report is subject to Set off by Owner. OAK BROOK – CONTRACTOR’S FINANCIAL RESPONSIBILITY for RPR - 1 SECTION 00 91 19 .02 ADDITIONS to GENERAL CONDITIONS CONTRACTOR’S FINANCIAL RESPONSIBILITY FOR RPR PART 1 - PROGRESS SCHEDULE and RPR SCHEDULE 1.00 Contractor is Financially Responsible for the Proper and Efficient use of RPR Services 1.01 Progress Schedule A. Per the General Conditions a Progress Schedule is required to be submitted. At the Preconstruction meeting the Contractor shall submit a preliminary Progress Schedule. This General Conditions of this contract as-bid restricts Work to 40 hours/ 8 hours per day, 5 days per week. If the Owner has prior approved a more open schedule it is noted in the Project Summary. Either prior approved in the Project Summary or not; a Progress Schedule more aggressive than Monday through Friday, regular working hours, will require submittal and discussion, at Preconstruction Meeting. B. Once the Owner, at the Preconstruction meeting accepts a more aggressive schedule the Contractor is responsible for all of the Contractor’s manpower scheduling and Critical Path Work to maintain the Schedule. C. Contractor shall complete a minimum 8 hours per day of Productive Work, which should be calculated into the Schedule. 1.02 Contractor is Responsible for Proper end Efficient use of Hold Point RPR Services A. Fees for Hold Point RPR Services are contracted with the Owner at a Unit Price and are calculated to include the following: travel time to and from Site, reimbursable expenses, observation and report time. Time required for Contractor to repair or redo small areas that failed Observation, are not included in the unit price. Failure may be minimal compared to all Work observed, but failed Work still must be observed before proceeding. For minor failures that can be quickly repaired, the Contractor may entirely at their option: 1. Accept a Non-Conformance for failed Observation 2. Request, the RPR wait for a reasonable period while repairs are completed. 3. Proceed with the next phase for all areas which have not failed, and “work around” failed areas. The failed areas would then be observed at the next Hold Point. B. The Fee for extended onsite time, or a new Hold Point is the responsibility of the Contractor. 1.02.1 Contractor’s Responsibility for Proper and Efficient Use of Full Time or Daily RPR Services A. It is the intention of the Owner, that the RPR fees be used to observe Productive Work. Productive Work is defined in previous Section 00 91 19 .01 Scheduling for RPR Services, with examples. The Owner will pay for all RPR service fees generated observing Productive Work that meets specification requirements. Normally this will OAK BROOK – CONTRACTOR’S FINANCIAL RESPONSIBILITY for RPR - 2 be the first time for most observations. But if Observation fails, then the Owner pays for second observation, if it passes. B. The Contractor will pay all RPR and/or Engineer fees generated by failed Observations of Productive Work. C. Availability of RPR and RPR’s ability to timely perform the required Services are dependent on Contractor’s communication. RPR is to be available to meet the Progress Schedule demands and complete RPR services with minimal interference of the Contractor’s Work, if Contractor properly scheduled RPR Services. 1.02.2 Contractor is Responsible for Proper and Efficient Use of Daily or Full Time RPR Services A. Contractor Pays for RPR or Engineering Services resulting from: 1. Productive Work on a Holiday 2. Failed or Improper Scheduling, 3. Failure to Request Observation per Section 00 91 19 .01, 4. Less than 8 hours per day or On-Call Time as a result of: a. Premature Request for RPR Services, b. No show or late start, c. Rejection of Work and/or Non-Conformance reports, d. Equipment failure, insufficient manpower, materials or equipment e. Weather reasons per 1.04.B.03 1.03 RPR Fee Calculation for Failed Observations A. The basis for Fees assessed to Contractor is based on the Owner/DIXON contract. Fees will be calculated in the same manner as in Owner/Engineer Agreement, i.e. if the RPR is working at an overtime rate for Owner, then fee for unproductive services will be documented at the same rate 1. Hold Point for Welding or Coating Observation, or extra Progress Meetings a. The same Unit Price Fee as would be charged to Owner for each respective Observation or meeting. Note the fee will be determined by the Contract and may vary between types of Hold Point services. b. Extended time at site charged at Regular Rate (See definition below) 2. Daily Observation shall be the same fee as charged to Owner from the Owner/DIXON contract. a. Minimum workday is 8 hours plus travel time b. reimbursable mileage 3. Fulltime Observation Fee shall be the same as charged to Owner for the same Service. a. Minimum workday is 8 hours b. Minimum work week is 40 hours c. Reimbursable expenses/ Per Diem 4. Fees common to Full Time, Daily and Hold Points with extended stays, and On- Call Time a. Regular Pay for RPR is charged at the rate matching the RPR’s experience and qualifications. b. Overtime Rate is 1.5 times Regular Rate OAK BROOK – CONTRACTOR’S FINANCIAL RESPONSIBILITY for RPR - 3 i. For all time worked on the actual holiday ii. Weekend work by RPR iii. For time over 40 hours. (The standard work week for overtime (over 40) begins on Monday as Sunday is already paid at overtime rate.) B. Fees of misused or unnecessary Engineer/RPR Services will be documented and submitted to the Owner for Set off. C. The right to Set-off is a contracted right of Owner per the General Conditions, or Additions to General Conditions, and the right to enforce those rights are at the Owner’s discretion. 1.04 On–Call Time A. RPR’s are professional personnel that get paid a minimum of 8 hours per day even though the Contractor’s operations or methods results in less than an 8 hour day. B. If the Contractor has scheduled a Workday, and if RPR is not free to spend the day at RPR’s discretion or to be reassigned; then the RPR will be considered On-Call. 1. The RPR will be considered, if scheduled, on-call every morning and day unless work is cancelled per Section 00 19 91.01. 2. For Daily observation the On - Call time will not exceed 8 hours, any travel time should occur within that 8 hours. a. Late Starts - Agreed start time will be scheduled with the Contract Administrator at the Preconstruction Meeting. b. The RPR’s on-call time starts at the agreed start time, if RPR is on Site and available to Work, and On Call time continues until Work starts. 3. For weather reasons a. 8 hours if adverse weather conditions were clearly forecast b. Two hours plus time worked up to 8 hours or actual time worked if greater; if forecast was less than 20% weather meeting definition of a weather day. 4. For reasons other than weather, eight (8) hours will be considered minimum On- Call Time. This includes, but is not limited to, equipment failure, insufficient materials, damaged containment, etc. C. Actual charged on-call time will be eight (8) hours, minus the number of hours actually worked. D. Overtime, Weekend, Holiday pay requirements apply to all on-call time pay. On-call hours will count towards forty (40) hour week triggering overtime at forty (40) hours. E. If Work is cancelled per requirements in Section 00 19 91.01 (by prior night) in advance and RPR is notified in advance, there is no on call time. F. If contractor schedules days off per Scheduling requirements, the inspector will return to his/her home base and there will be no show time charges. Based on the Contract the RPR may be entitled to Mobilization or Demobilization. TABLE of CONTENTS TECHNICAL SPECIFICATIONS EAST TANK Section 01 50 00 – Temporary Construction Facilities and Utilities .................................. 1-3 Section 01 53 43 – Protection of Environment ..................................................................... 4-6 Section 03 01 00.01 – Foundation Repairs ............................................................................ 7-8 Section 05 00 00 – Metal Repairs ......................................................................................... 9-14 Drawing 01a .... Existing Conditions – Top Platform Drawing 01b .... Support and Platform Detail Drawing 01c .... Platform Handrail Drawing 02a .... Overflow Discharge Drawing 02b .... 12 Inch Overflow Flap Gate Drawing 03 ...... Mud Valve Section 09 97 13 – Steel Coating ........................................................................................ 15-27 Section 09 97 13.10 – Steel Coating Surface Preparation................................................ 28-31 Section 09 97 13.13.08 – Wet Interior Steel Coating – 3 Coat Zinc Epoxy .................... 32-33 Section 09 97 13.19.03 – Dry Interior Steel Coating – Spot 2 Coat Epoxy .................... 34-35 Section 09 97 13.24.16 – Exterior Steel Coating – 3 Coat Epoxy Urethane ................... 36-38 Overcoat Section 09 97 23.23.03 – Concrete Foundation Coating – 2 Coat Epoxy .............................39 Section 13 32 12 – Mixing System - Gridbee .................................................................... 40-43 OAK BROOK – TECHNICAL - 1 SECTION 01 50 00 TEMPORARY CONSTRUCTION FACILITIES and UTILITIES PART 1 – GENERAL 1.01 SUMMARY A. The Contractor is fully responsible to provide and maintain temporary facilities and utilities required for construction as described herein, and to remove the same upon completion of work. 1.02 QUALITY ASSURANCE A. Regulatory Requirements: 1. National Fire Protection Association (NFPA): NFPA No. 70-93. 2. National Electrical Code (NEC) and local amendments thereto. 3. Comply with any and all federal, state, and local codes and regulations, and utility company requirements. PART 2 – PRODUCTS 2.01 TEMPORARY ELECTRICITY and LIGHTING A. Supply temporary lighting sufficient to enable Contractor to safely access all work areas. B. Electrical requirements shall be the responsibility of the Contractor. No service available to Contractor. C. Provide, maintain, and remove temporary electric service facilities. D. Facilities exposed to weather shall be weatherproof-type and electrical equipment enclosure locked to prevent access by unauthorized personnel. E. Contractor is to pay for and arrange for the installation of temporary services. F. Patch affected surfaces and structures after temporary services have been removed. G. Provide explosion-proof lamps, wiring, switches, sockets, and similar equipment required for temporary lighting and small power tools. 2.02 WATER for CONSTRUCTION A. Owner will provide water required for cleaning and other purposes. B. Water use shall not exceed usage that might endanger the Owner’s water system’s integrity. 2.03 SANITARY FACILITIES A. Provide temporary sanitary toilet facilities conforming to state and local health and sanitation regulations, in sufficient number for use by Contractor’s employees. OAK BROOK – TECHNICAL - 2 B. Maintain in sanitary condition and properly supply with toilet paper. C. Remove from site before final acceptance of work. 2.04 TEMPORARY FIRE PROTECTION A. Provide and maintain in working order a minimum of two (2) fire extinguishers and such other fire protective equipment and devices as would be reasonably effective in extinguishing fires. 2.05 DAMAGE to EXISTING PROPERTY A. Contractor is responsible for replacing or repairing damage to existing buildings, sidewalks, roads, parking lot surfacing, and other existing assets. B. Owner has the option of contracting for such work and having cost deducted from contract amount if the Contractor is not qualified to complete repairs, or fails to act in a timely manner. 2.06 SECURITY A. Security is not provided by Owner. B. Contractor shall be responsible for loss or injury to persons or property where work is involved, and shall provide security and take precautionary measures to protect Contractor’s and Owner’s interests. 2.07 TEMPORARY PARKING A. Parking for equipment and Contractor employees shall be designated and approved by Owner. B. Make arrangements for parking area for employees’ vehicles. C. Any costs involved in obtaining parking area shall be borne by the Contractor. PART 3 – EXECUTION 3.01 GENERAL A. Contractor shall maintain and operate all temporary systems to ensure continuous service. B. Contractor shall modify and extend systems as work progress requires. 3.02 REMOVAL A. Completely remove temporary material and equipment when no longer required. B. Clean and repair damage caused by temporary installation or use of temporary facilities. C. Restore existing or permanent facilities used for temporary services to specified, or original condition. OAK BROOK – TECHNICAL - 3 3.03 BARRIERS and ENCLOSURES A. The Contractor shall furnish, install, and maintain as long as necessary, adequate barriers, warning signs or lights at all dangerous points throughout the work for protection of property, workers, and the public. The Contractor shall hold the Owner harmless from damage or claims arising out of any injury or damage that may be sustained by any person or persons as a result of the work under the contract. OAK BROOK – TECHNICAL - 4 SECTION 01 53 43 PROTECTION of ENVIRONMENT PART 1 - GENERAL 1.01 SUMMARY A. Contractor in executing work shall maintain work areas, on-and-off site, free from environmental pollution that would be in violation of federal, state, or local regulations. B. The Contractor is responsible for any and all clean-up that may be necessary and all applicable costs for the same. 1.02 LAWS and REGULATIONS – A. Environmental regulations may be met with different available technologies. It is the Contractor’s sole responsibility to comply with these and all applicable environmental regulations. B. If a contamination occurs work will stop until cleanup is complete. 1.03 PROTECTION of SEWERS A. Take adequate measures to prevent impairment of operation of existing sewer system. Prevent construction material, pavement, concrete, earth, or other debris from entering sewer or sewer structure. 1.04 PROTECTION of WATERWAYS A. Observe rules and regulations of local and state agencies, and agencies of U.S. government prohibiting pollution of any lake, stream, river, or wetland by dumping of refuse, rubbish, dredge material, or debris therein. B. Provide containment that will divert flows, including storm flows and flows created by construction activity, to prevent loss of residues and excessive silting of waterways or flooding damage to property. C. Comply with procedures outlined in U.S. EPA manuals entitled “Guidelines for Erosion and Sedimentation Control Planning and Implementation,” Manual EPA-72- 015 and “Processes, Procedures, and Methods to Control Pollution Resulting from all Construction Activity,” Manual EPA 43019-73-007. 1.05 DISPOSAL of EXCESS EXCAVATED and OTHER WASTE MATERIALS A. Dispose waste material in accordance with federal and state codes, and local zoning ordinances. OAK BROOK – TECHNICAL - 5 B. Unacceptable disposal sites include, but are not limited to, sites within wetland or critical habitat, and sites where disposal will have detrimental effect on surface water or groundwater quality. C. Make arrangements for disposal subject to submission of proof to Engineer that Owner(s) of proposed site(s) has valid fill permit issued by appropriate government agency and submission of haul route plan, including map of proposed route(s). D. Provide watertight conveyance for liquid, semi-liquid, or saturated solids that have potential to leak during transport. Liquid loss from transported materials is not permitted, whether being delivered to construction site or hauled away for disposal. Fluid materials hauled for disposal must be specifically acceptable at selected disposal site. 1.06 PROTECTION of AIR QUALITY A. Contain paint aerosols and VOCs by acceptable work practices. B. Minimize air pollution by requiring use of properly operating combustion emission control devices on construction vehicles and equipment used by Contractor, and encouraging shutdown of motorized equipment not actually in use. C. Trash burning not permitted on construction site. D. If temporary heating devices are necessary for protection of work, they shall not cause air pollution. 1.07 PROTECTION from FUEL and SOLVENTS A. Protect the ground from spills of fuel, oils, petroleum distillates, or solvents by use of containment system. B. Total paint, thinner, oils, and fuel delivered to and stored on-site cannot exceed supplied capacity of spill containment provided (i.e. fuel and oil to be sized to exceed possible spill). C. Provide proper containment unit under fuel tank and oil reservoirs for all equipment and fuel storage tanks. D. Barrels of solvents, even for cleaning, are prohibited. Do not deliver paint thinners in containers greater than five (5) gallons. E. Disposal of waste fluids shall be in conformance with federal, state, and local laws and regulations. 1.08 USE of CHEMICALS A. Chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant, or of other classification, must show approval of U.S. EPA, U.S. Department of Agriculture, state, or other applicable regulatory agency. OAK BROOK – TECHNICAL - 6 B. Use of such chemicals and disposal of residues shall be in conformance with manufacturer’s written instructions and applicable regulatory requirements. 1.09 NOISE CONTROL A. Conduct operations to cause least annoyance to residents in vicinity of work, and comply with applicable local ordinances. B. Equip compressors, hoists, and other apparatus with mechanical devices necessary to minimize noise and dust. Equip compressors with silencers on intake lines. C. Equip gasoline or oil-operated equipment with silencers or mufflers on intake and exhaust lines. D. Route vehicles carrying materials over such streets as will cause least annoyance to public and do not operate on public streets between hours of 6:00 P.M. and 7:00 A.M., or on Saturdays, Sundays, or legal holidays unless approved by Owner. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.01 HAZARDOUS MATERIALS PROJECT PROCEDURES A. Applicable Regulations: 1. RCRA, 1976 – Resource Conservation and Recovery Act: This federal statute regulates generation, transportation, treatment, storage and disposal of hazardous wastes nationally. B. Use the Uniform Hazardous Waste Manifest (shipping paper) to use an off-site hazardous waste disposal facility. C. Federal, State and local laws and regulations may apply to the storage, handling and disposal of hazardous materials and waste. OAK BROOK – TECHNICAL - 7 SECTION 03 01 00.01 FOUNDATION REPAIRS PART 1 – GENERAL 1.01 SECTION INCLUDES A. Repair of grout. 1.02 REFERENCES A. Codes, specifications, and standards referred to by number or title shall form a part of this specification to the extent required by the references thereto. Latest revisions shall apply in all cases. 1. “Building Code Requirements for Structural Concrete (ACI 318) and Commentary (ACI 318R),” American Concrete Institute. 1.03 PRODUCT DELIVERY, STORAGE and HANDLING A. The contractor shall be responsible for the delivery, storage, and handling of products. B. Deliver in accordance with ASTM C94. C. Promptly remove damaged or unsuitable products from the job site. Replace products with undamaged, suitable products. 1.04 WORK INCLUDED A. Application of grout. 1.05 ENVIRONMENTAL REQUIREMENTS A. Apply all repair material within manufacturer’s guidelines. 1.06 COORDINATION and SCHEDULING A. Contractor shall notify engineer a minimum of twenty-four hours before placing concrete or grout repair material. B. Do not place any repair material until surface preparation has been reviewed and approved by engineer. 1.07 SUBMITTALS A. Submit the following ten (10) days prior to the preconstruction meeting: 1. Safety Data Sheets (SDS) and Product Data Sheets: a. Furnish from all suppliers Safety Data Sheets and product data sheets for all applicable materials including, but not limited to, concrete, grouts admixtures, sealers. OAK BROOK – TECHNICAL - 8 b. Provide for employees one (1) copy of all data sheets at the job site for employee access. c. Provide one (1) hard copy and an electronic copy to the engineer. d. No work may commence without the complete filing. All SDS shall conform to requirements of SARA (EPCRA) Right-to-Know Act. PART 2 – PRODUCTS 2.01 GROUT REPAIR A. The standard to fill holes is a grout Sika 212 Grout as manufactured by Sika Corporation. B. Where backer rod is required, use ITP standard closed cell polyethylene foam manufactured by Industrial Thero Polymers, Ltd., 2316 Delaware Ave., Suite 216, Buffalo, NY 14216, 1-800-387-3847. PART 3 – EXECUTION 3.01 GROUT REPAIR A. Remove all loose, soft, or mottled grout from the between the baseplate(s) and tops of the foundations. Removal of grout shall be hand, hammer, or chisel. B. Pressure wash the grout using a minimum nozzle tip pressure of 2,000 psi. All surfaces shall be free of all standing water or frost in accordance with the manufacturer’s recommendations. Surface to be Saturated Surface Dry (SSD) C. Properly and thoroughly mix the grout in accordance with the manufacturer’s recommendations as a dry mix. D. Place and tamp the grouting material between the baseplate and the foundation to ensure there are no voids. Make vertically flush with the baseplate. E. Payment is a separate line item “Grout Repair” based on the quantity of 3 lineal feet which the owner reserves the right to increase, decrease or delete. OAK BROOK – TECHNICAL - 9 SECTION 05 00 00 METAL REPAIRS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Steel Repair. B. Surface Preparation of Lead Paint before Welding. 1.02 REFERENCES A. AWWA D100 Weld Standard B. AWS Weld Standard C. API 650 Standard 1.03 OMISSIONS A. The specifications include all work and materials necessary for completion of the work. Any incidental item(s) of material, labor, or detail(s) required for the proper execution and completion of the work are included. 1.04 DEFINITIONS A. Ground Flush: Ground even with adjacent metal with no transition. This preparation is intended for all removed items. B. Ground Smooth: Ground welds to the point that no cuts or scratches occur when rubbing your hand over the weld. Rebuild with weld any concavity discovered during grinding. This preparation is intended for all newly added steel. 1.05 WORK INCLUDED A. Install a gasket on the wet interior roof hatch. B. Modify the top platform. C. Reinstall the aluminum jacket sections on the fill/draw pipe. D. Overflow pipe discharge modification. E. Replace the mud valve. F. Replace the access tube air gap seal. G. Replace dry interior light bulbs. H. Weld rigging lug on the bowl. I. Remove abandoned antennas. 1.06 WORKMANSHIP A. Provide material and workmanship necessary to produce a first-class job. B. All weld spatter is to be removed. OAK BROOK – TECHNICAL - 10 C. All removed items are to be ground flush with surrounding surface. All new welds are to be ground smooth. 1.07 WELDER QUALIFICATIONS A. Certified for type and position of weld specified. B. The welder shall be specialized in industrial or heavy commercial welding and experienced in rigging and elevated work. 1.08 SUBMITTALS A. Safety Data Sheets (SDS) – for all items as required by law. B. Welder’s certification. C. Submit materials at least one (1) week prior to preconstruction meeting. 1.09 WORK SEQUENCING A. The following is NOT a ways-and-means decision of the Contractor. It is accepted and good painting practice and shall be completed by the Contractor in this specified fashion: 1. Complete ahead of all cutting and welding all surface preparation, such as removal of heavy metal bearing coating in the immediate area. 2. Complete all welding repairs prior to commencement of any power washing or abrasive blast cleaning. 3. Do not install non-painted items or store on or in the tank until after painting has been completed. 4. Remove existing items that are not to be painted after water cleaning, store in a secure location. 5. Disassemble appurtenances with mating surfaces (i.e. overflow flap gate, vent flange, etc.), surface prepare and coat mating surfaces and reassemble after topcoat is dry. PART 2 – PRODUCTS 2.01 STEEL PLATING and OTHER STRUCTURAL SHAPES A. General: ASTM – A36. B. Rebar for ladder rungs: A706 Weldable Rebar. 2.02 BOLTS and NUTS A. Stainless Steel 1. ASTM F594G – 316 Stainless Steel Bolts. 2. ASTM F594G – 316 Stainless Steel Nuts. B. Galvanized Steel OAK BROOK – TECHNICAL - 11 1. ASTM A307 Grade A zinc coated Steel Bolts. 2. ASTM A307 Grade A zinc coated Nuts. 2.03 WELDS A. Final – E70XX Electrodes. B. Root – E60XX Electrodes. C. Wire – ER70S Electrodes. 2.04 OVERFLOW SCREEN A. Stainless steel wire mesh manufactured by McNichols Co. (800) 237-3820. B. Use twenty-four (24) mesh 0.014-in. diameter or larger. 2.05 MUD VALVE A. Babco-NFW 3 in. x 2.5 in.No Freeze Valve with a wrench as manufactured by Superior Sales & Service, Inc. 2311 Plattsmouth, NE 68048, (402) 296-1010. B. Hose material to be Goodyear Engineered Products NutriFlo suction and discharge hose supplied by Veyance Technologies Fairlawn, OH 888-899-6354 or approved equal. 2.06 SWING GATE A. Universal Swing Gate as manufactured by SafeRack of Sumter, SC 866-761-7225. PART 3 - EXECUTION 3.01 ROOF HATCH GASKET A. Install a gasket on the wet interior roof hatch cover. B. Gasket to be ¼ inch EPDM or neoprene. C. Install after the exterior coating is dry to the touch. D. Apply gasket using adhesive, 3M Super Weatherstrip and Gasket Adhesive or approved equal. E. Payment is incidental to exterior painting. 3.02 MODIFY THE TOP PLATFORM A. Extend the top platform to create a larger step-off onto the access tube ladder. B. Modify the railings so there is a top rail and mid rail around the new platform section. C. Welds to be 3/16” full fillet. D. Install a swing gate at the riser ladder opening. E. Surface prepare and coat in accordance with Sections 09 97 13 and 09 97 13.10. F. See Drawing 01a-01d. OAK BROOK – TECHNICAL - 12 G. Payment is a separate line item “Top Platform Modification” which the owner reserves the right to delete. 3.03 FILL PIPE INSULATION ALUMINUM JACKET A. Reattach all loose insulation jacketing sections. B. There are two sections lying on the condensate platform. Reinstall the jacketing sections onto the fill/draw pipe. C. Stagger splices and fasten with self-tapping stainless-steel screws. D. Payment is incidental to the project. 3.04 OVERFLOW DISCHARGE MODIFICATION AND FLAP GATE A. Modify the overflow discharge so it points downward and install a flap gate at the pipe discharge. B. Flap shall allow for closed positioning during non-flow conditions, and open operation during overflow conditions. C. Field verify existing overflow pipe dimensions. Lever arm configuration near hinge may vary if prior written approval is granted by the Engineer. D. Use steel plates as weights attached to the lever arm to assure complete closure at end of cycle, number may need to be more than shown on the drawing to ensure complete closure. E. Use PVC or plastic washers and spacers between the hinge bolts and lever arm, use enough washers to ensure a snug fit without damaging the coating during movement. F. Weld a flange onto the new discharge end of the overflow pipe. Use ¼” steel plate, flange size to match that of the flap gate outside diameter. G. Surface prepare and coat in accordance with Sections 09 97 13 and 09 97 13.10. H. See Drawing 02a-02b. I. Payment is a separate line item “Overflow Discharge Modification” which the Owner reserves the right to delete. 3.05 MUD VALVE A. Remove the existing mud valve from the bowl to the overflow pipe, reuse coupling and drain line for the new valve installation if possible. Properly dispose of the removed items. B. Install a frost-free mud valve in the lowest section of the mud settling area. Coupling shall be a heavy or extra heavy coupling and shall not extend more than ⅜ in. into wet interior surfaces. C. For the discharge, use hose attached to barbed fittings with band clamp and Schedule 40 pipe for connection to the overflow pipe. All threaded fittings to be coated with pipe joint compound. OAK BROOK – TECHNICAL - 13 D. The hose is to discharge into the overflow pipe. Cut a hole in the overflow (or use the existing opening, enlarge as needed) and weld the pipe using ¼ in. full fillet. E. Contractor to ensure that the discharge hose does not kink. Install adaptors as needed to prevent kinking. F. Attach a wrench on a chain to the valve for operating the valve. Chain to have a clip or clasp for easy removal and use. G. Surface prepare and coat in accordance with Sections 09 97 13 and 09 97 13.10. H. Weld one – 4 in. x 4 in. x ⅜ in. angle iron (height – top of valve entry into tank, plus 2 in.) to act as ice shield. I. See Drawing 03. J. Payment is a separate line item “Mud Valve” which the Owner reserves the right to delete. 3.06 ACCESS TUBE AIR GAP SEAL A. Furnish a 3/8 in. neoprene sheet to cover the air gap at the access tube. B. Remove the existing sheeting, Contractor to properly dispose of removed items. C. Attach neoprene sheet to the access tube using two (2) ½” wide stainless-steel banding clamps using a make-a-clamp kit. The existing clamps can be reused if possible D. Work to be performed after the surface is surface prepared and coated per Sections 09 97 13 and 09 97 13.10. E. Payment is incidental to the project. 3.07 REPLACE LIGHT BULBS A. Replace all dry interior bulbs with LED light bulbs B. Dry interior bulbs to be bright white LED bulbs with a minimum brightness of 800 lumens and a color of light at a minimum of 5,000K and a minimum rated life of 25,000 hours., size A19. C. Change bulbs after all blast and paint equipment has been removed from the tank. D. All bulbs to have the same color and brightness throughout the dry interior. E. Payment is incidental to the project. 3.08 BOWL RIGGING LUG A. Install a lug on the bowl above the top platform ladder opening for rigging rescue cable/rope. B. Lug to be 4 in. x 4 in. x ⅜ in. steel plate with a 2 in. diameter hole. C. Weld using ⅜ in. full fillet welds. D. Surface prepare and coat in accordance with Sections 09 97 13 and 09 97 13.10. E. Payment is incidental to wet interior repainting. OAK BROOK – TECHNICAL - 14 3.09 REMOVE ABANDONDED ANTENNAS A. Remove the abandoned antennas on the tank. There are 1-2 antennas to remove. B. Remove the antennas, cables, and mounting poles. Contractor to properly dispose of removed items. C. Grind flush any welds from the mounting pole if applicable. D. Seal left after removing the antenna cables using silocone caulk. E. Payment is incidental to the project. PART 4 – SPECIAL PROVISIONS 4.01 WELD PREPARATION PRIOR to COATING A. Prepare all new welds per NACE RPO 0178 prior to coating application. Grind welds to category D. 4.02 SURFACE PREPARATION – PREWELDING – LEAD PAINT A. The existing dry interior coating is known to contain lead. B. Remove all coating 6-in. on both sides of welding area by abrasive blast cleaning or vacuum shrouded power tool cleaning prior to any cutting or welding. C. Chemical stripping or other method may be approved by the Engineer. D. Absolutely do not begin any repair work until all adjacent coating is properly removed. Note: Drawing Not to Scale.DWG: 01aFile Name: a-existtopplat.dwgENGINEERING, INC.DIXONExisting Conditions - Top PlatformChecked By: JVRDrawn By: TMFDate: 07/15/20Oakbrook, IL 250,000 Sph. - East Note: Drawing Not to Scale.DWG: 01bENGINEERING, INC.DIXONSupport and Platform DetailChecked By: JVRDrawn By: TMFDate: 07/15/20File Name: b-topplatform.dwgOakbrook, IL 250,000 Sph. - East Note: Drawing Not to Scale.DWG: 01cENGINEERING, INC.DIXONPlatform HandrailFile Name: c-topplatform.dwgChecked By: JVRDrawn By: TMFDate: 07/15/20Oakbrook, IL 250,000 Sph. - East Note: Drawing Not to Scale.DWG: 01dENGINEERING, INC.DIXONHandrail detailFile Name: d-topplatform.dwgChecked By: JVRDrawn By: TMFDate: 07/15/20Oakbrook, IL 250,000 Sph. - East Note: Drawing Not to Scale.ENGINEERING, INC.DIXONOverflow Dischargefile name: overflow extension.dwgDWG: 02aChecked By: JVRDrawn By: TMFDate: 07/15/20Oakbrook, IL 250,000 Sph. - East Note: Not to Scale DWG: 02b File Name: 12in_flapgate.dwg ENGINEERING, INC. DIXON 12" Overflow Flap Gate Checked By: JVR Drawn By: TMF Date: 07/15/20 Oakbrook, IL 250,000 Sph. - East Note: Drawing Not to Scale. File Name: bowlbabcovalve.dwg ENGINEERING, INC. DIXON Mud Valve DWG: 03Checked By: JVR Drawn By: TMF Date: 07/15/20 Oakbrook, IL 250,000 Sph. - East OAK BROOK – TECHNICAL - 15 SECTION 09 97 13 STEEL COATING PART 1 – GENERAL 1.01 SECTION INCLUDES A. Painting of steel structures. B. Interior cleaning and disinfection. 1.02 REFERENCES A. AWWA Standards: 1. D102 – 17 Painting Steel Water Storage Tanks. 2. C652 – Disinfection of Water Storage Facilities. 3. C655 – Field Dechlorination. B. NSF/ANSI 1. NSF/ANSI 61 1.03 WORK INCLUDED A. Exterior: Apply a three (3) coat epoxy urethane system. B. Wet Interior: Apply a three (3) coat zinc epoxy system, apply a polyurethane caulk to the roof lap seams. The cathodic protection system is to be removed, and reinstalled by the owner’s vendor, coordination and payment is the contractor’s responsibility. C. Dry Interior: Apply a spot two (2) coat epoxy system to the prepared surfaces. 1.04 EXISTING CONDITIONS A. Exterior: Acrylic overcoat system applied in 2007. The coating tested for lead at 0.0027% by weight. B. Wet Interior: Epoxy system applied in 2007 over a SSPC-SP10 near white blast standard. C. Dry Interior: Spot epoxy repairs performed in 2007. The Original system was tested for lead at 0.13% by weight. 1.05 OMISSIONS or INCIDENTAL ITEMS A. It is the intent of these specifications to coat the structure for the purpose of corrosion protection on wet interior surfaces. It is the intent to coat the exterior for corrosion protection and aesthetics. B. Any small or incidental items not specifically detailed in the schedule, but obviously a part of the work are included in the work at no additional cost to the Owner. OAK BROOK – TECHNICAL - 16 C. Engineer, as interpreter of the specifications, will determine if disputed items fall under this category. Prevailing custom and trade practices will be considered in this determination. 1.06 SUBMITTALS B. Submit the following with your annual prequalification: 1. Occupational Safety and Health Programs and certification that all site personnel have been trained as required by law. C. Submit the following ten (10) days prior to the preconstruction meeting: 1. Safety Data Sheets (SDS) and Product Data Sheets: a. Furnish from all suppliers Safety Data Sheets and product data sheets for all applicable materials including, but not limited to, paints, thinners, cleaners, degreasers, and abrasive materials. b. Provide for employees one (1) copy of all data sheets at the job site for employee access. c. Provide one (1) hard copy and an electronic copy to the Engineer. d. No work may commence without the complete filing. All SDS shall conform to requirements of SARA (EPCRA) Right-to-Know Act. 2. Ventilation Design Plan. Include airflow calculations and model, and number of fans. 3. Dehumidification/Heat Design Plan. Include airflow calculations, model, number of units used, connection details, and power source. 4. Fall Prevention Plan and Site Specific Fall Hazard Evaluation: a. Site specific plan to contain a generic drawing of the existing structure and appurtenances of this structure and reflect safety changes specified for this project. b. Certifications for all spiders, scaffolding, stages, etc. to be used on the project. All certifications to be current, less than one year old. D. Submit the following at the preconstruction meeting: 1. Designated OSHA Competent Person and qualifications, if not previously submitted. E. Submit the following within two (2) weeks of project completion with final pay request: 1. Waste manifest, waste hauler and disposal facility. Required only if waste is hazardous. 2. Waivers of lien. 3. Copies of any formal worker safety or environmental citations received on the project. OAK BROOK – TECHNICAL - 17 1.07 OWNER RESPONSIBILITY A. Drain the structure with a seven (7) day notice after Contractor meets all precedent conditions of the contract. B. Fill the tank and draw samples and test after chlorination; responsibility of good results remains with the Contractor. Poor test results could result in added costs to Contractor, including re-chlorination, cost of water, plus possible liquidated damages. 1.08 DELIVERY and STORAGE of MATERIAL A. Submit manufacturer’s invoice, with or without paint cost, to the Engineer for review. This submittal will be used to identify the quantity of paint recommended by the manufacturer for a job of this size and design and will be used to check the quantity actually delivered to the project. B. Cover bulk materials subject to deterioration because of dampness, weather, or contamination, and protect while in storage. C. Maintain materials in original, sealed containers, unopened and with labels plainly indicating the manufacturer’s name, brand, type, grade of material, and batch numbers. D. Remove from the work site containers that are broken, opened, water marked, and/or contain caked, lumpy, or otherwise damaged materials. They are unacceptable. E. Store the material in a climate controlled designated area where the temperature will not exceed the manufacturer’s storage recommendations. Heat the storage area to the manufacturer’s recommended minimum mixing temperature. F. Keep equipment stored outdoors from contact with the ground, away from areas subject to flooding, and covered with weatherproof plastic sheeting or tarpaulins. G. Store all painting materials in a location outside the structure. H. Do not store or have on-site unapproved material, material from different manufacturers, or materials from different projects. 1.09 ACCESS and INSPECTOR SAFETY A. Provide access to all portions of the project where work is being completed. Access must be close enough and secure enough to allow inspector to use inspection equipment without extensions. B. Provide personnel to assist with access and to ensure Contractor’s access equipment is safely used. C. Provide separate fall protection devices and safety lines for the Owner and inspectors. Limit fall to 5 ft. vertically. D. These specifications require the Contractor to supply a separate fall protection cable and safety grab for each tie-off point for the inspector’s use. The Contractor is encouraged to provide a separate cable and tie-off for each worker. The cables may OAK BROOK – TECHNICAL - 18 be connected to the same tie-off point as the inspector’s, but a separate cable and safety grab are required for each user. 1.10 INSPECTION and TESTING A. Prior to the scheduled inspection, remove all dust, spent abrasive, and foreign material from the surface to be coated. B. The Contractor is to furnish an instrument for measuring the wet film thickness, and also a calibrated instrument for measuring dry film thickness of each field coat of paint. The dry film thickness testing gauge shall be the magnetic type as manufactured by Elcometer Co., or the Nordson Gauge Co.; spring loaded model with two percent (2%) accuracy margin over a range of one-to-twenty-one (1-21) mils or equal. C. The Engineer will furnish and operate inspection equipment for their own use as quality assurance. D. Certify to the Owner that the specified paint has been applied at the paint manufacturer’s recommended coverage, and to the specified thickness required. Also, certify that the paint has been applied in accordance with this contract. E. Take all necessary steps, including dry striping by brush or roller, to ensure a holiday- free coating system. F. The wet interior coatings are subject to low voltage holiday testing. G. The Owner and Engineer reserve the right to perform destructive testing under conditions deemed necessary. Testing may include, but is not limited to, the Tooke thickness test and adhesion testing. Any damage caused by these tests will be corrected to specifications at the Contractor’s expense. 1.11 CLIMATIC CONDITIONS A. Do not apply paint when the temperature, as measured in the shade, is below the manufacturer’s required ambient and surface temperatures. B. Do not apply paint to wet or damp surfaces, or during rain, snow, or fog. C. Do not apply paint when it is expected the relative humidity will exceed 85%, or the surface temperature is less than 5º above dew point, or the air temperature will drop below the manufacturer’s requirements for proper cure. Anticipate dew or moisture condensation, and if such conditions are prevalent, delay painting until the inspector is satisfied the surfaces are dry. 1.12 APPLICATION A. Complete all painting and surface preparation in strict accordance with these specifications, approved paint manufacturer’s specifications, and good painting practices per SSPC. OAK BROOK – TECHNICAL - 19 B. Apply each coating at the rate and in the manner specified by the manufacturer. Check the wet film thickness every 200 sq. ft. to ensure each coat applied meets the dry film thickness range requirements. C. Allow sufficient time for each coat of paint to dry and cure. Allow a minimum of twenty-four (24) hours between coats, unless product requirements have a maximum time less than 24 hours. D. Apply exterior coating by brush and roller only. Spray application is not permitted without prior approval of the Engineer. Even with prior approval, responsibility for damage still remains with the Contractor. E. Painting may be delayed because of poor coverage or the potential damage from overspray and/or dry spray. In all cases, responsibility for damages rests with the Contractor. F. The Contractor is responsible for the appearance of the finished project and is warned to prevent contact with any freshly applied coating. Removal of rigging shall be completed so not to mar or damage the coating. G. Coatings shall be applied using methods to eliminate roller or spray marks in the finished product on the exterior. H. Stripe the wet interior prior to the application of the final coat. I. Additional coats required for coverage or to eliminate roller marks, spray marks and to repair dry spray and overspray are the responsibility of the Contractor at no additional cost to the Owner. J. Use of pole extension on spray guns is prohibited for all paint application. K. Mixing of partial kits is not permitted. All partial cans of coating must be removed from the site. L. Mixing blades to be clean. The Engineer has the right to reject mixing blades based on cleanliness or paint build-up. Do not use the same mixing blade for different coatings (i.e. epoxy and urethane coatings). 1.13 PRESSURE RELIEF VALVES A. Furnish two (2) pressure relief valves. B. The valves shall be Aquatrol series 69F1 or approved equal. C. Valves will need to be fitted with hydrant thread adaptor. Valves to be adjustable with range a minimum of 30 to 90 psi. Set valve at 60 psi. D. Supply three (3) days prior to draining of the structure. E. After work to the structure and successful disinfection have been completed, the Owner will return the valves to the possession of the Contractor. F. Cost shall be incidental to project cost. OAK BROOK – TECHNICAL - 20 PART 2 – PRODUCTS 2.01 COLOR A. Exterior Coatings: 1. Supply the Engineer with a color chart to allow the Owner ample time for the exterior topcoat color selection. 2. Factory tint the intermediate coat(s) for all areas of the structure if similar to the finish coat. Tinting shall be sufficient to allow visibility of the dissimilar color from 1 ft., and from 100 ft. 3. After evaluating the bids, the Owner shall select the color. All bids shall be based on common “white” color. The Owner recognizes the additional cost for deep color paints. After the color has been selected, document the difference in cost and quantity used for the selected color and the Owner will issue a Change Order for the exact cost differential only. 4. Documentation of additional cost is the responsibility of the Contractor and must be supplied two (2) weeks before application. If necessary, documentation is not supplied, any additional cost will be borne by the Contractor. If selection/application time is less than two (2) weeks, then as soon as possible. The Owner has the right to switch to a less expensive color; therefore, the Contractor must submit cost before ordering paint. B. Wet Interior and Dry Interior Coatings: 1. The color is to be a different tint between coats. Tinting to be performed in the factory. 2.02 SUBSTITUTIONS A. All coatings specified and approved herein have met or exceeded a specified list of ASTM standards. The materials specified are the standard to which all others shall be compared. B. The purpose is to establish a standard of design and quality, and not to limit competition. C. Other manufacturers wishing to have their products approved have also had their coatings tested using the same representative of Dixon Engineering, Inc., and the same test methods. D. Approval by ANSI/NSF Standard 61 is also a requirement for potable water contact coatings. E. The selection of coatings also has taken into consideration the manufacturer’s current and past performance on availability, stocking, and shipping capabilities, ability to resolve disputes, and any applicable warranties. OAK BROOK – TECHNICAL - 21 2.03 DEHUMIDIFICATION and HEATING – WET INTERIOR A. Supply dehumidification/heating units capable of maintaining dew point temperature lower than 15º below surface temperature during blasting and lower than 5º during coating application and cure, and steel temperature maintained above the manufacturer’s printed requirements. B. Supply a dehumidifier designed with a solid desiccant having a single rotary desiccant bed capable of continuous operation, with fully automatic operation. Do not use liquid desiccant, granular, or loose lithium chloride drying systems. Refrigerant systems may be used in conjunction with desiccant units. C. Plumbing, noise control, insulation, venting, and all incidental items needed to provide proper ambient conditions shall be included as one package. D. Supply and maintain a power source for the dehumidifier and heater, unless otherwise specified. 2.04 DUST COLLECTORS – AIR FILTRATION UNITS A. Furnish and use a dust collector during all blasting work. B. Units to be equal in filtration capacity to Eagle Industries dust collectors. Other units may be used, but their substitution will be evaluated on efficiency at 0.5 micron size and airflow movement. C. Use 20,000 CFM minimum for wet interior work. D. Substitution of steel grit blasting may decrease the requirements above. New requirements will be defined by the Engineer based on the efficiency of the Contractor’s equipment. E. Furnish HEPA filters for dust collection. F. 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. G. Use only new filters or filters certified clean. 2.05 EQUIPMENT COVERING A. Use material that is 8 – 10 mils thick, and 100% impermeable to all vulnerable equipment. B. Use material resistant to tear and/or rip by mechanical action from abrasive blasting during blasting operations. C. Make coverings airtight by use of duct tape at the openings, or other suitable measures. D. Meet with representative of equipment Owner to verify covering will not damage equipment. Damage is the Contractor’s responsibility. This includes not only the OAK BROOK – TECHNICAL - 22 Owner’s equipment, but also telecommunication antennas, cables, buildings, controls, etc. 2.06 AIR DRYER for COMPRESSOR A. Use air dryers sufficient to remove 98% of the moisture from the compressed air. Size the dryers on total cfm using manufacturer supplied charts. Upon request, supply charts to Engineer for verification. B. If the dryer 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. PART 3 – EXECUTION 3.01 DISINFECTION A. Disinfect the completely painted structure in accordance with AWWA Standard C652 Chlorination Method No. 3. B. Furnish the material and labor necessary to disinfect the structure in the required manner. Assist Owner during filling. C. Do not allow water to enter the distribution system until satisfactory bacteriological test results are received. D. Owner is responsible to collect two consecutive bacteriological samples, 24 hours apart, following disinfection. Satisfactory results are required before the tank can be returned to service. E. Water drained to waste may not contain any substances in concentrations that can adversely affect the natural environment. No total residual chlorine may be measured in water discharged to surface water. It is recommended that the water be dechlorinated per AWWA C655F Field Dechlorination. F. Pay all additional expenses if it is necessary to repeat the testing and disinfection procedure as a result of defective work. 3.02 PROTECTION of NON-WORK AREAS A. Protect all non-blasted/painted surfaces prior to all abrasive blast cleaning/painting. B. Thoroughly cover the fill/drain pipe, overflow pipe, and all other openings. Do not permit abrasive or paint chips to enter into the piping or distribution system. Use watertight seals on the pipes. C. Protect and seal all controls and electrical components (even if they are not in the immediate work area) that are in danger from the project. Coordinate with the Owner so all controls are shut down and/or vented if necessary. OAK BROOK – TECHNICAL - 23 3.03 ANTENNA SYSTEM PROTECTION A. There are two antennas mounted on the roof. The number of antennas listed are from the last known condition, the Contractor is to field verify number of antennas. B. There are cables routed from the ground up to the antennas with miscellaneous sensitive equipment mounted on the structure and control equipment/buildings located on the ground. C. Use material that is 100% impermeable to cover and protect all antennas, antenna cables, and antenna controls/buildings. D. Use material resistant to tear by mechanical action from abrasive blasting, power washing and coating application. E. Payment for damage to antennas, antenna cables, miscellaneous equipment and/or antenna controls/buildings is the responsibility of the Contractor. F. Contact the Owner of each set of antennas one (1) week prior to the beginning of construction. Name of antenna companies will be available at the preconstruction meeting. G. Antennas may remain in service during the project. The Contractor is responsible for their own RF safety. Contractor to provide a minimum of one RF monitor for employees on site for the duration of the project. 3.04 ANTENNA EQUIPMENT COATING A. Antenna equipment is to be surface prepared and coated to match the exterior tank per these specifications including but not limited to: brackets and mounting poles. B. All previously coated items are to be coated per the exterior specifications. Any galvanized, stainless steel or other uncoated materials are to remain uncoated. C. Cost is incidental to the project. 3.05 DEHUMIDIFICATION/HEATING A. Control the environment with dehumidification equipment twenty-four (24) hours a day during blast cleaning, coating operations, and 48 hours after the topcoat (including holiday touch-ups and repairs are performed) as a minimum to maintain ambient conditions until cure completion. B. Supply sufficient dry air to assure the air adjacent to surfaces to be abrasive blast cleaned or coated does not exceed minimum required humidity at any time during the blasting, coating, or curing cycle. C. Monitor and record ambient conditions twenty-four (24) hours a day throughout abrasive blast cleaning and painting work (use Polygon Exact Aire, DRYCO ClimaTrack, DH Tech HOBOU30 data logger, or approved equal). Monitor to be capable of being programmed with condition parameters and of alerting Contractor, Engineer and Owner via phone or e-mail of condition or equipment failures. OAK BROOK – TECHNICAL - 24 D. Contractor to manually test interior ambient conditions three (3) times a day, or more often with rapid weather changes. Record daily readings. Adjust or add equipment as required to maintain steel temperatures, dew point, and humidity. (This is in addition to the monitor with recorder noted above). E. Use a minimum 2,000 CFM dehumidification capacity for all wet interior work. F. Surround the units with noise suppressant enclosures, unless units are sound attenuated or have noise suppressants. More extensive enclosure requirements are required in residential areas where the machines must run all night. Noise suppressant level needed will depend on the size of the dehumidification units, their efficiency, and their locations. Provide noise suppressant enclosures of sufficient height and thickness to lower noise to an acceptable level for neighbors. Also provide noise suppressant enclosures for generators. G. Auxiliary heaters may be necessary to maintain the surface temperature at a level acceptable to the coating manufacturer’s application parameters. The auxiliary equipment must be approved for use by the manufacturer of the dehumidification equipment and shall meet the following requirements. Auxiliary ventilation equipment and/or dust collection equipment can affect the exchange rate. 1. Heaters shall be installed in the process air supply duct between the dehumidifier and the work, as close to the work as possible. Air heaters are not acceptable as a substitute for dehumidification without approval. 2. Use only electric or indirect gas fired auxiliary heaters. No direct fired space heaters will be allowed during blasting, coating, or curing phase. H. Seal off the work, allowing air to escape at the bottom of the space away from the point where the dehumidified air is being introduced. Maintain a slight positive pressure in the work unless the dust from the blasting operation is hazardous. I. Where necessary to filter the air escaping the space, design the filtration system to match the air volume of the dehumidification equipment in such a way that it will not interfere with the dehumidification equipment’s capacity to control the space as described herein. Do not re-circulate the air from the work or from filtration equipment back through the dehumidifier when coating or solvent vapors are present. Outside air is to be used during those periods. J. Securely attach duct work to the equipment and work to minimize air loss. Design hoses with sufficient capacity and minimal bends to reduce friction loss. K. Dehumidification and its operating power source are incidental to the respective painting project (wet or dry interior). L. Set-up and operate equipment twenty-four (24) hours (or earlier) prior to start of blasting. 3.06 DUST CONTAINMENT – INTERIOR A. Do everything within the Contractor’s power to minimize dust as a nuisance. OAK BROOK – TECHNICAL - 25 B. No visible dust release is allowed from roof openings and other access openings. Seal or close all openings prior to blasting (see ventilation requirements). C. Connect the air filtration unit directly to a manhole extension. D. Design the manhole extension to allow access of hoses through a side exit that is sealable after hoses are in-place. Install the air filtration unit directly to the end of the extension. E. Seal of the side exit will be tested by holding a smoke agent 6 in. outside the seal with the air filtration unit operating. If smoke is drawn to the seal area, additional sealing will be necessary. F. The Contractor may reverse this operation by connecting the air filtration unit to the roof manhole and sealing around the hose. Also seal the roof vent. A sealed semi- rigid structure also may be used where employees have access through a side door. 90% of the air draw must be from the tank proper. G. Construct the semi-rigid structure from 8 ft. x 8 ft. x 6 ft. high scaffold framing and cover with tarps, with all edges lapped 2 ft. minimum and an overlapped entranceway. 3.07 VENTILATION REQUIREMENTS A. Supply mechanical ventilation sufficient to change air in the tank six (6) times each hour. B. In calculating air exchange, the dust collector air capacity can be considered a part of the air being changed up to 50% of ventilation requirements. C. Use the roof or access tube/bowl manways with fans to move the required air. D. Ventilate wet interior areas a minimum of seven (7) days after completion of painting, or longer until the wet interior coating has fully cured. Maintain ventilation at the rate of two (2) complete air changes per hour. The Owner reserves the right to perform a MEK Solvent Double Rub Test per ASTM D 4752 to verify the cure of the coating film prior to returning the tank to service. E. Cost of ventilation is incidental to the project. F. Additional ventilation openings may have to be installed by the Contractor. Submit size, details, and location(s) for approval by the Owner prior to cutting any opening. All costs associated with repairs by a certified welder are incidental G. Connect the air filtration unit per Section, Dust Containment – Interior. All fans at the bottom wet interior manhole may blow out into the dry interior, forcing the dust down. Zero release to the atmosphere will be permitted. 3.08 HAND WASH FACILITY A. Provide OSHA approved hand wash facility with running water. Hot water is not required. B. Stock facility with soap and towels and keep supply replenished. OAK BROOK – TECHNICAL - 26 C. Test water and dispose of properly after job is completed. 3.09 LIGHTING of WORKSPACE A. Provide durable lighting fixtures designed for the intended work environment for use during blasting, painting, and during all inspections. B. Encase portable lamps in a non-conductive, shatterproof material. Use only heavily insulated cable with an abrasive resistant casing. C. Install all temporary electrical items in accordance with all local, state, and federal codes, including OSHA. D. Protect from paint overspray and damage from abrasive materials. E. Measure required illumination during surface preparation and coating application at the work surface. Supply 20 ft. candles minimum illumination during blasting and painting, and 30 ft. candles minimum prior to and during inspection, per SSPC-Guide 12. Inspect the prepared surface at the higher illumination prior to calling for inspection. All work must conform to specification requirements prior to the scheduled inspection. F. Measure the illumination at the work surface in the plane of the work. PART 4 – SPECIAL PROVISIONS 4.01 CATHODIC PROTECTION REMOVAL A. Remove existing cathodic protection anode system from the tank, including ropes and wires. B. Install new anode wires and mounting hardware as needed and replace all reference cells. Work shall be performed by existing Owner supplier and must meet AWWA D104 requirements. C. Cost is incidental to wet interior repainting. 4.02 SCHEDULING A. Complete all welding and any other work that damages the coating before paint operations begin, including surface preparation. The exception is paint removal in the weld area. B. If Contractor wants a variance in this schedule, request the change and give reason in writing to the Owner. The project manager will reply with a written Field Order if change is approved. Engineer reserves the right to put further restrictions in Field Order. If Contractor objects to restrictions, he may revert to the original specifications. OAK BROOK – TECHNICAL - 27 4.03 GRASS RESTORATION A. The Contractor is to report any damaged ground at the construction site in writing prior to mobilization of equipment, otherwise all repairs to the damaged ground will be the responsibility of the Contractor. B. Refill all holes, ruts etc. with clean topsoil, and level area around the construction site to the original grade. C. Fill material to be clean soil, no gravel, rocks or construction debris is to be used as fill material without the Owner’s consent. D. Bring soil to a friable condition by disking, harrowing, or otherwise loosening and mixing to a depth of 3 in. – 4 in. Thoroughly break all lumps and clods. E. Rake area to be seeded. Sow seed at a minimum rate of 220 lbs/acre. Use seed intended for the climate. F. Work to be completed to the Owner’s satisfaction. G. Cost is incidental to exterior painting. OAK BROOK – TECHNICAL - 28 SECTION 09 97 13.10 STEEL COATING SURFACE PREPARATION PART 1 – GENERAL 1.01 SECTION INCLUDES A. Full Field Abrasive Blasting. B. Power Tool Cleaning. C. High Pressure Water Cleaning. 1.02 REFERENCES A. AWWA Standards: 1. D102-17 Painting Steel Water Storage Tanks. B. SSPC and NACE Standards: 1. SP11 – Power Tool Cleaning to Bare Metal. 2. SP10/NACE No. 2 – Near-White Metal Abrasive Blast. 3. SP12/NACE No. 5 – High and Ultra High Pressure Water Jetting. 4. VIS 1 (Visual standard for abrasive blasted metal). 5. VIS 3 (Visual standard for hand and power tool cleaned metal). 1.03 WORK INCLUDED – SURFACE PREPARATION A. Exterior: High pressure water clean (5,000 to 10,000 psi), spot power tool clean to a SSPC-SP11 standard B. Wet Interior: Abrasive blast clean to a SSPC-SP10 near-white metal standard. C. Dry Interior: Spot power tool clean coating failures throughout to a SSPC-SP11 standard. 1.04 WASTE AND SOIL SAMPLING A. Sample waste and send to a NLLAP certified lab and test for TCLP for eight (8) metals (Arsenic, Barium, Cadmium, Chromium, Lead, Mercury, Selenium and Silver). B. The Owner reserves the right to collect samples and to send them to their selected lab. This will be determined at the preconstruction meeting. C. Pay all lab fees for eight (8) metals TCLP analysis on waste samples. PART 2 – PRODUCTS 2.01 EXTERIOR TANK CLEANER A. United 727 Weather-Zyme as manufactured by United Laboratories, 320 37th Ave., St. Charles, IL 60174 1-800-323-2594. OAK BROOK – TECHNICAL - 29 2.02 ABRASIVE – COAL SLAG A. The coal slag shall be 20-40 grade, or 30-60 grade. B. The abrasive shall be free of moisture, water soluble contaminants, dust, and oil. C. The abrasive shall be stored and covered to prevent moisture contamination. D. All leaking or spilling bags shall be removed, and affected areas properly cleaned. E. All slag abrasive shall meet the requirements of SSPC-AB1 “Mineral and Slag Abrasive” June 1, 1991-Grade 3. F. The use of silica sand, flint sand, and glass beads is prohibited. G. All abrasive and grit material used, and all equipment supplied shall be subject to approval of the Engineer. The abrasive or grit shall be sharp enough and hard enough to remove the mill scale, rust, and paint. 2.03 RECYCLABLE STEEL GRIT – ALTERNATE A. Use recyclable steel grit size G-25 or G-50. B. The abrasive is to be free of moisture, water soluble contaminants, dust, and oil. C. The abrasive is to be stored and covered to prevent moisture contamination. D. All leaking or spilling containers are to be removed, and affected areas properly cleaned. E. All recyclable steel grit shall meet requirements of SSPC-AB1 “Metallic Abrasive” June 1, 1991. F. All abrasive and grit material used, and all equipment supplied shall be subject to approval of the Engineer. The abrasive or grit shall be sharp enough and hard enough to remove the mill scale, rust, and paint. Using steel grit in the dry interior will require extra clean-up when there is insulation on the fill pipe. The insulation and insulation jacketing on the fill/draw pipe will need to be removed for the sections within 4 feet above each platform. The removed insulation and jacketing is to be cleaned and reinstalled to original conditions. PART 3 – EXECUTION 3.01 PRE-SURFACE PREPARATION – WET INTERIOR A. Low pressure water clean at 4,000 psi all surfaces and appurtenances to remove sediment, minerals, and other contaminants. B. Staining may remain in place prior to abrasive blast cleaning, Engineer to approve cleanliness. 3.02 NEAR-WHITE METAL (SSPC-SP10) DRY BLAST – WET INTERIOR A. Abrasive blast clean all surfaces and appurtenances to a near-white metal finish (SSPC-SP10), latest edition thereof. OAK BROOK – TECHNICAL - 30 B. Maintain a profile of 2.0 – 3.0 mils on abrasive blast cleaned surfaces. C. All interior abrasive blast cleaning is to be completed and all spent abrasive removed, and surfaces thoroughly cleaned prior to any primer application. D. Once an area is acceptable for painting, apply all coats and allow coating to cure to touch prior to resumption of blasting or blast the entire tank before painting, use dehumidification to hold the blast. It is the Contractor’s discretion and responsibility to determine if the entire tank is to be blasted, or what size is to be blasted and coated (all coats). E. The Contractor is responsible for supplying heat and dehumidification to maintain blast conditions. 3.03 HIGH PRESSURE WATER CLEANING - EXTERIOR A. Solvent clean all visible grease, oil, salt, algae, and residue in accordance with SSPC- SP1. B. High pressure water clean all exterior surfaces and appurtenances at 5,000 – 10,000 psi to remove all dirt, chalk, algae, other foreign material, and all brittle or loose coating, rust, and mill scale. Operational pressure will be determined by the Engineer based on field conditions. C. Maintain a water jet nozzle distance of 2 in. – 10 in. away from the surface. D. Hold the water jet nozzle with 0º - 15º tip perpendicular (90º) to the surface at all times. E. Only use machines rated at and capable of achieving and maintaining 10,000 psi. Use of a rotating/reciprocating nozzle during water cleaning is permitted but not to increase the pressure of a washer rated lower than required. F. Do NOT exceed a rate of 10 sq. ft./minute. G. The gauge measuring time of use must be operational on the unit, if not operational the Contractor may be shut down and/or deducted price for rental of an operational unit from the final payment. H. Feather all edges using power tools per this specification. 3.04 POWER TOOL CLEAN (SSPC-SP11) - EXTERIOR A. Solvent clean all visible grease, oil, salts, and residue. B. Power tool clean all surfaces and appurtenances to bare metal (SP11) in areas where steel is exposed or rusted, or where coating is abraded. C. Retain or produce a surface profile. Surface profile shall be greater than 1.0 mil. D. Edges of adjacent coating shall be feathered a minimum of ½ in. from the exposed steel with 3M Scotch-Brite Clean’n Strip discs. 3.05 POWER TOOL CLEAN (SSPC-SP11) with VACUUM – DRY INTERIOR A. Solvent clean all visible grease, oil, salts, and residue. OAK BROOK – TECHNICAL - 31 B. Power tool clean all surfaces and appurtenances to bare metal (SSPC-SP11) in areas where steel is exposed or rusted, or where coating is abraded. C. Retain or produce a surface profile. Surface profile shall be greater than 1.0 mil. D. Feather all edges of adjacent coating with 3M Scotch-Brite Clean’n Strip discs a minimum of ½ in. from exposed steel. E. Attach a vacuum to all power tools. Size vacuum per manufacturer’s recommendations for optimal recovery of spent paint debris. Attach a HEPA filter sized as required. F. Disposal of vacuumed waste is the responsibility of the Contractor. Follow instructions on waste containers and store as directed by the Owner. 3.06 WASTE DISPOSAL – NON-HAZARDOUS A. If after testing of the spent abrasive material the TCLP tests indicate the abrasive is not a hazardous waste, dispose the abrasive in a waste disposal facility. B. All waste shall be handled by a licensed hauler. Supply the Owner with all proper documentation of the final disposal site. The actual bill of lading and all manifests will be required prior to any payment. C. Payment for non-hazardous waste disposal is incidental to interior or exterior painting. 3.07 WASTE DOCUMENTATION A. Supply proper documentation of storage, transportation, and treatment, or disposal of the waste to the Owner. The Owner will retain sufficient funds from the Contractor to pay for hazardous waste transportation, treatment, and any possible fines until all documentation has been received. This retainage will be held, even if the waste has tested non-hazardous. 3.08 TESTING and CLEAN-UP of WASTE A. Daily collect all spent abrasive from the ground tarps and dispose in the required receptacles. Prior to receiving test results, spent abrasive shall be stored on ground tarps. The spent abrasive is to be covered and weighted down so no dust can be released. B. Furnish containers with proper labels for storage of the spent debris. Containers shall meet requirements of the EPA (or their local counterpart) for hazardous waste disposal. The spent abrasive will be moved directly from the tank into the waste containers. The containers will remain until final test results have been received. Furnishing containers with covers will be incidental to respective repaint, and will not be affected by the Owner’s final selection of respective interior or exterior disposal. C. Waste to remain on-site in covered receptacles until waste test results are received. OAK BROOK – TECHNICAL - 32 SECTION 09 97 13.13.08 WET INTERIOR STEEL COATING – THREE COAT ZINC EPOXY PART 1 – GENERAL 1.01 SECTION INCLUDES A. Painting the wet interior. 1.02 REFERENCES A. SSPC and NACE Standards: 1. PA1 – Paint Application. 2. PA2 – Measurements and Calibration. 3. NACE RP 0178 Surface Finish Requirements. 1.03 WORK INCLUDED A. Application of a three (3) coat zinc epoxy system. B. Application of a polyurethane elastomeric seam sealer. PART 2 – PRODUCTS 2.01 ZINC EPOXY – 3 COAT SYSTEM A. System to meet all National Sanitation Foundation 61 certification standards for potable water contact. B. Approved suppliers and systems: Manufacturer System Tnemec 94H2O/N140/N140(stripe)/N140 Induron Indurazinc MC-67/PE-70/PE-70(stripe)/PE-70 C. Approved seam sealer: Sika Corporation Sika Flex 1a PART 3 – EXECUTION 3.01 ZINC EPOXY – 3 COAT SYSTEM A. Apply a three coat high build epoxy paint system with a zinc primer to all prepared surfaces and appurtenances. B. Abrasive blast cleaning and paint requirements have been previously defined in Section 09 97 13.10. OAK BROOK – TECHNICAL - 33 C. Apply each coat at the following rates: Coat Minimum Maximum DFT (mils) DFT (mils) Primer 2.5 3.5 Intermediate 4.0 6.0 Stripe Coat 1.5 2.5 Topcoat 4.0 6.0 Total 10.5* 15.5* *Total does not include stripe coat. D. Stripe coat to be applied to all welds, angles, and sharp edges throughout the structure, including above the high water line and all roof beams, etc. E. Each full coat to be a different color from the previous coat and is to be approved by the engineer. No color bleedthrough should occur if proper application rates are observed. F. Apply all coats in uniform color and sheen without streaks, laps, runs, sags, cloudy, or missed areas. Correct all defects before application of the successive coat. G. Allow a minimum of twenty-four (24) hours between coats (including stripe coat). Additional time may be necessary if low temperatures require an increase in the necessary cure time. H. MAINTAIN FORCED VENTILATION A MINIMUM OF SEVEN (7) DAYS AFTER TOPCOAT APPLICATION, time required for cure is dependent on the coating manufacturer and temperature. Record variations of the standard procedures (roof hatch closure because of rain, etc.), and submit to the engineer. Heat is required if, in the opinion of the engineer, the integrity of the coating is endangered by cold weather, or if additional cure time will delay the project beyond the substantial completion date. 3.02 SEAM SEALING – ROOF A. Seam seal all roof lap seams on the interior after the topcoat is dry to the touch. Seal using a caulking gun filling all cracks less than 1 in. separation. Tool sealant as required. B. Payment will be on a lump sum basis. C. Payment will be a separate line item “Seam Sealer” which the owner reserves the right to delete. 3.03 SCHEDULE of WORK A. Complete all exterior and interior welding prior to surface preparation. OAK BROOK – TECHNICAL - 34 SECTION 09 97 13.19.03 DRY INTERIOR STEEL COATING – SPOT TWO COAT EPOXY PART 1 – GENERAL 1.01 SECTION INCLUDES A. Partial painting in the dry interior. 1.02 REFERENCES A. SSPC and NACE Standards: 1. PA1 – Paint Application. 2. PA2 – Measurements and Calibration. 3. NACE RP 0178 Surface Finish Requirements. 1.03 WORK INCLUDED A. Application of a spot two (2) coat epoxy system. PART 2 – PRODUCTS 2.01 EPOXY – SPOT 2 COAT SYSTEM A. Two (2) coat epoxy system. B. Approved suppliers and systems: Manufacturer System Tnemec N69(spot)/N69(spot) Induron PE-70(spot)/PE-70(spot) PART 3 – EXECUTION 3.01 EPOXY – SPOT 2 COAT EPOXY A. Apply to all prepared areas a spot two (2) coat epoxy system. B. Surface preparation has been previously defined in Section 09 97 13.10. C. Apply each coat at the following rates: Coat Minimum Maximum D.F.T. (mils) D.F.T. (mils) Primer (spot) 4.0 6.0 Topcoat (spot) 4.0 6.0 Total 8.0 12.0 D. Each coat to be a different color from the previous coat and is to be approved by the engineer. No color bleedthrough should occur if proper application rates are observed. OAK BROOK – TECHNICAL - 35 E. Apply all coats in uniform color and sheen without streaks, laps, runs, sags, cloudy, or missed areas. Correct all defects before application of the successive coat. F. Allow a minimum of twenty-four (24) hours between coats. Additional time may be necessary if low temperatures require an increase in the necessary cure time. 3.02 SCHEDULE of WORK A. Complete all exterior and interior welding prior to surface preparation. OAK BROOK – TECHNICAL - 36 SECTION 09 97 13.24.15 EXTERIOR STEEL COATING – THREE COAT URETHANE OVERCOAT PART 1 – GENERAL 1.01 SECTION INCLUDES A. Painting on the exterior. 1.02 REFERENCES A. SSPC and NACE Standards: 1. PA1 – Paint Application. 2. NACE RP 0178 Surface Finish Requirements. 1.03 WORK INCLUDED A. Application of a three (3) coat urethane system. PART 2 – PRODUCTS 2.01 EPOXY URETHANE - 3 COAT OVERCOAT SYSTEM A. The coating shall be a urethane system. B. The contractor is advised to follow all requirements for safety concerning isocyanates. C. Ultraviolet protection additives mixed at factory only. There will be no tinting or addition of any material other than the manufacturer’s thinners. D. Approved suppliers and systems: Manufacturer System Tnemec 118(spot)/118/1074/1074UV Induron Ebond100(spot)/Ebond100/ I-6600/I-6600 PART 3 – EXECUTION 3.01 EPOXY URETHANE - 3 COAT OVERCOAT SYSTEM A. Apply to all prepared surfaces a three (3) coat urethane system. B. Surface preparation and paint requirements have been previously defined in Section 09 97 13.10. Apply all coatings by brush and roller. Spray application is prohibited. OAK BROOK – TECHNICAL - 37 C. Apply each coat at the following rates: Tnemec Coat Minimum Maximum D.F.T. (mils) D.F.T. (mils) Primer (spot) 6.0 8.0 Intermediate 6.0 8.0 Urethane Intermediate 2.0 3.0 Topcoat 2.0 3.0 Total 16.0 22.0 Induron Coat Minimum Maximum D.F.T. (mils) D.F.T. (mils) Primer (spot) 1.0 2.0 Intermediate 1.0 2.0 Urethane Intermediate 2.0 3.0 Topcoat 2.0 3.0 Total 4.0 10.0 D. Each full coat to be a different color from the previous coat and is to be approved by the engineer. No color bleedthrough should occur if proper application rates are observed. E. Apply all coats in uniform color and sheen without streaks, laps, runs, sags, cloudy, or missed areas. Correct all defects before application of the successive coat. F. Allow a minimum of twenty-four (24) hours between coats. Additional time may be necessary if low temperatures require an increase in the necessary cure time. 3.04 BOWL TOPCOAT - ALTERNATE A. Paint the bowl with a fluorourethane coating. Note that the coating replaces the topcoat listed above. B. Approved Fluorourethane coating system. Manufacturer System Tnemec V700 Induron Perma-Gloss C. Apply logo coating at 2.0 to 3.0 mils. D. Payment is a separate line item “Exterior Bowl – Dark Topcoat Alternate” which the Owner reserves the right to delete. 3.05 BOWL, RISER, AND BASEBELL TOPCOAT - ALTERNATE A. Paint the bowl, riser, and basebell with a fluorourethane coating. Note that the coating replaces the topcoat listed above. OAK BROOK – TECHNICAL - 38 B. Approved Fluorourethane coating system. Manufacturer System Tnemec V700 Induron Perma-Gloss C. Apply logo coating at 2.0 to 3.0 mils. D. Payment is a separate line item “Exterior Bowl, Riser, and Basebell – Dark Topcoat Alternate” which the Owner reserves the right to delete. 3.06 SCHEDULE of WORK A. Complete all exterior and interior welding prior to surface preparation. OAK BROOK – TECHNICAL - 39 SECTION 09 97 23.23.03 CONCRETE FOUNDATION COATING – TWO COAT EPOXY PART 1 – GENERAL 1.01 SECTION INCLUDES A. Painting of the concrete foundation. 1.02 REFERENCES A. SSPC and NACE Standards: 1. PA1 – Paint Application. 2. PA2 – Measurements and Calibration. 1.03 WORK INCLUDED A. Application of a two (2) coat epoxy system. PART 2 – PRODUCTS 2.01 EPOXY – 2 COAT SYSTEM A. Two (2) coat epoxy system. B. Approved suppliers and manufacturers: Manufacturer System Tnemec N69/N69 Induron PE-70/PE-70 PART 3 – EXECUTION 3.01 EPOXY – 2 COAT EPOXY A. Apply to all prepared areas a two (2) coat epoxy system. B. Remove dirt 3” below grade around the entire foundation prior to coating, backfill once topcoat is dry to the touch. C. Foundations to be water cleaned at 3,500 to 5,000 psi to remove all contaminants. D. Apply each coat at the following rates: Coat Min. D.F.T. (mils) Max. D.F.T. (mils) Primer 3.5 5.5 Topcoat 3.5 5.5 Total 7.0 10.0 E. Allow the manufacturer’s minimum time between coatings. F. Cost is incidental to exterior painting. OAK BROOK – TECHNICAL - 40 SECTION 13 32 12 MIXING SYSTEM - GRIDBEE PART 1 – GENERAL 1.01 EQUIPMENT OVERVIEW A. These specifications provide the requirements to furnish, install, and place into operation a potable water storage tank mixer and associated equipment. 1.02 REFERENCES A. Occupational Safety and Health Administration, OSHA B. Department of Transportation, DOT C. Underwriters Laboratories Inc., UL 508 D. NSF/ANSI Standard 61 1.03 QUALITY ASSURANCE A. Continuous Operation Equipment. The circulation equipment shall operate continuously, all day and all night, using 120 VAC as the power source. B. No Visual Defects. The mixer shall have no visual defects, and shall have high quality welds, assembly, and corrosion resistant finish. C. Qualified US Manufacturer. The manufacturer of the equipment shall have extensive experience in the production of such equipment, and the equipment shall be manufactured in the continental United States. D. Warranty. The mixer shall be warranted to be free of defects in materials and workmanship for a period of 5 years. This equipment warranty would run directly from the manufacturer of the equipment to the owner. The equipment warranty would not be part of the contract or any required bond. 1.04 SUBMITTALS A. The awarded Bidder shall provide a digital copy and three (3) hard copies of the following documents. Upon acceptance of these documents by the Engineer, the Bidder will be issued a Notice to Proceed, and may then proceed to install the equipment. 1. Manufacture Qualification Document 2. List of Supplied Equipment 3. Manufacturer Product Sheets 4. Electric Power Source Requirements 5. NSF/ANSI Standard 61 Documentation 6. Warranty Statement 7. Operation Manuals 1.05 FIELD SERVICES A. Installation personnel shall have received job-specific safety training which is to include: working over water, disinfecting procedures, confined space entry, and fall protection. OAK BROOK – TECHNICAL - 41 PART 2 – PRODUCT SPECIFICATIONS 2.01 MANUFACTURER A. Specified Equipment. The circulation equipment shall be manufactured by Medora Corporation. of Dickinson, ND, or be a pre-approved alternative. 2.02 PERFORMANCE AND FEATURES A. Complete Water Circulation Required. To meet the project objectives, the tank or reservoir circulation shall be achieved by a single or multiple submerged units within the reservoir capable of providing long distance circulation of water. The mixer shall have a direct measurable flow rate where suction shall enter specified mixer’s intake positioned within 2 inches of reservoir floor and discharging water vertically in a sheet flow pattern to induce a large volume, low velocity flow to reach the tank or reservoir water surface. The mixer must be placement flexible in design to allow best hydraulic positioning for tank or reservoir conditions to prevent hydraulic short circuiting within tank or reservoir. Suction not within 2 inches of tank or reservoir floor is not allowed. B. Unit required to meet the project objectives including number of machines required. Quantity Model Tank or Reservoir 1 GridBee GS-9 120V 250,000 Gallon with approx. 125’ LWL C. Complete Mix: The mixer manufacturer guarantees that the subject tank will be completely mixed by the mixer. In continuous operation of the mixer: (1) at least once per 24 hours all water temperatures within the tank shall converge to within 0.8 degrees C, and (2) at least once per 72 hours all chlorine concentrations within the tank shall converge to within 0.18 mg/l. D. Fit Through Small Hatch Opening. The mixer shall be capable of fitting through a clear, unobstructed opening of 12” diameter without requiring disassembly or assembly. E. Continuous Operation With 120VAC, 20 Amp Power Source. The mixer shall operate continuously during day and night while connected to electric grid power. F. Stainless Steel Construction. The mixer shall be constructed primarily of Type 316 stainless steel metal for strength and superior corrosion resistance. G. Motor. The mixer shall be mechanically operated by a submersible motor that meets the following criteria. 1. Direct Drive, with no gearbox and no lubrication maintenance required. 2. Designed for submersible operation. Mixer design shall include flow sleeve or housing around motor to provide water flow past motor per submersible motor design criteria to lower the total motor temperature and increase winding life. OAK BROOK – TECHNICAL - 42 3. Designed for Continuous Operation without overheating or compromising motor life expectancy. Constant, full speed operation, variable frequency drive or other method of speed reduction not required and not allowed. 4. 120 VAC, 20 Amp power source shall be supplied by others and not the mixer manufacturer. H. SCADA and Controls. The mixer shall have the option to add an Electric Control Box including a motor current indicator in a 4-20mA analog output and remote on/off control via 24VDC relay. I. Electrical Control Box. The mixer equipment shall be supplied with a Control Box capable of disconnecting 120 VAC outgoing power to the mixer equipment and meeting the following criteria: 1. NEMA 4 enclosure shall be provided with protection against condensation and moisture in a marine environment. 2. Control Box shall be UL 508 Listed for sound electrical design and safety. 3. Control Box shall include exterior mounted HOA switch, definite purpose contactor for mixer control, exterior mounted run indicator light, grounding lug, 120 VAC standard three-prong male molded plug, and locking latch for security. 4. Control Box shall include a 4-20 mAmp current transducer providing analog output for motor current allowing for monitoring proper operation. Control Box shall include a 24 VDC relay to allow for remote on and off control of the mixer. Integration of 4-20 mAmp output and remote on/off relay into site PLC/RTU shall be provided by the electrician (not by mixer manufacturer). 5. Control Box requires a 120 VAC power source, Minimum 20 Amp rated service located near the final placement of the Control Box. SCADA and control functions of the Control Box require 24 VDC incoming power for automatic operation and 4-20 mAmp current transducer. The 120 VAC and 24 VDC power source shall be supplied by the electrician (not by mixer manufacturer). J. Low Elevation Intake: The circulation equipment shall be supplied with an intake capable of being positioned at the lowest elevation of the tank or reservoir floor. The intake level shall bring water into the circulation equipment at horizontal layer within 6 inches (15 cm) of the tank or reservoir floor. K. The circulation equipment shall be NSF/ANSI Standard 61 and NSF/ANSI Standard 372 listed for safe contact with potable water. The mixer shall be NSF/ANSI Standard 61 listed to be safely in contact with a potable water volume as low as 5,000 gallons. L. Maintenance Requirements. The circulation equipment shall operate normally with the following maintenance features. 1. No scheduled lubrication is required of any system components including motor. 2. No spare parts shall be required to be kept on hand. M. Equipment Support. The mixer manufacturer shall offer factory support with the following staff and support services. 1. Customer Service, Application Engineering, and Equipment Engineering staff available by email or toll-free phone. 2. Public website with detailed information available describing the mixer for this project and related applications of this equipment into potable water tanks and reservoirs. OAK BROOK – TECHNICAL - 43 3. Service plans for preventative maintenance and continued technology improvements for the specified mixer. PART 3 – EXECUTION 3.01 INSTALLATION A. The circulation equipment manufacturer shall have the capability to provide Installation, Startup, and On-Site Water Testing Services to insure (a) proper machine spatial placement in the reservoir, and (b) proper intake depth setting. B. Contractor to provide conduit and electric service from the base of the tank (at the electric panel) up to the roof or utilize the existing conduit if available. All conduit to be galvanized and continuous from ground to roof with no openings. C. Contractor to supply coupling and junction box on the roof with watertight seal for electric line and connection point next to the roof hatch for retrieval chain and electric line. D. The device is to be installed per manufacturer’s recommendations with a weather tight seal on the roof. E. Mixer to be installed above the bowl bottom (approximately 4 to 12 inches) using the manufacturers suspension kit. 3.02 MOUNTING PANEL A. Locate metal, waterproof cabinet in the base of the tank at a location approved by the owner. B. Mount all controls on the existing electrical panel if room is available or install new brackets welded to the basebell wall on a 1/8” bent plate welded to the riser wall in the dry interior. Weld using ⅛” full fillet welds. C. Bolt the control panels using stainless steel or galvanized steel bolts. D. Repair the coating per section 09 97 13 and 09 97 13.10. 3.03 ELECTRICAL SUPPLY A. There is a 120 volt power available in the basebell. B. Coordinate with owner and connect electrical source to the mixer controls. TABLE of CONTENTS TECHNICAL SPECIFICATIONS WEST TANK Section 01 50 00 – Temporary Construction Facilities and Utilities .................................. 1-3 Section 01 53 43 – Protection of Environment ..................................................................... 4-6 Section 05 00 00 – Metal Repairs ......................................................................................... 7-13 Drawing 01a .... Existing Conditions – Top Platform Drawing 01b .... Support and Platform Detail Drawing 01c .... Platform Handrail Drawing 01d .... Handrail Detail Drawing 02a .... Overflow Discharge Drawing 02b .... 10 Inch Overflow Flap Gate Drawing 03 ...... Mud Valve Drawing 04a .... Expansion Joint Replacement Drawing 04b .... Expansion Joint Section 09 97 13 – Steel Coating ........................................................................................ 14-26 Section 09 97 13.10 – Steel Coating Surface Preparation................................................ 27-31 Section 09 97 13.13.08 – Wet Interior Steel Coating – 3 Coat Zinc Epoxy .................... 32-33 Section 09 97 13.19.03 – Dry Interior Steel Coating – Spot 2 Coat Epoxy .................... 34-35 Section 09 97 13.24.15 – Exterior Steel Coating – 3 Coat Epoxy Urethane ................... 36-38 Overcoat Section 09 97 23.23.03 – Concrete Foundation Coating – 2 Coat Epoxy .............................39 Section 13 32 12 – Mixing System - Gridbee .................................................................... 40-43 OAK BROOK – TECHNICAL - 1 SECTION 01 50 00 TEMPORARY CONSTRUCTION FACILITIES and UTILITIES PART 1 – GENERAL 1.01 SUMMARY A. The Contractor is fully responsible to provide and maintain temporary facilities and utilities required for construction as described herein, and to remove the same upon completion of work. 1.02 QUALITY ASSURANCE A. Regulatory Requirements: 1. National Fire Protection Association (NFPA): NFPA No. 70-93. 2. National Electrical Code (NEC) and local amendments thereto. 3. Comply with any and all federal, state, and local codes and regulations, and utility company requirements. PART 2 – PRODUCTS 2.01 TEMPORARY ELECTRICITY and LIGHTING A. Supply temporary lighting sufficient to enable Contractor to safely access all work areas. B. Electrical requirements shall be the responsibility of the Contractor. No service available to Contractor. C. Provide, maintain, and remove temporary electric service facilities. D. Facilities exposed to weather shall be weatherproof-type and electrical equipment enclosure locked to prevent access by unauthorized personnel. E. Contractor is to pay for and arrange for the installation of temporary services. F. Patch affected surfaces and structures after temporary services have been removed. G. Provide explosion-proof lamps, wiring, switches, sockets, and similar equipment required for temporary lighting and small power tools. 2.02 WATER for CONSTRUCTION A. Owner will provide water required for cleaning and other purposes. B. Water use shall not exceed usage that might endanger the Owner’s water system’s integrity. 2.03 SANITARY FACILITIES A. Provide temporary sanitary toilet facilities conforming to state and local health and sanitation regulations, in sufficient number for use by Contractor’s employees. OAK BROOK – TECHNICAL - 2 B. Maintain in sanitary condition and properly supply with toilet paper. C. Remove from site before final acceptance of work. 2.04 TEMPORARY FIRE PROTECTION A. Provide and maintain in working order a minimum of two (2) fire extinguishers and such other fire protective equipment and devices as would be reasonably effective in extinguishing fires. 2.05 DAMAGE to EXISTING PROPERTY A. Contractor is responsible for replacing or repairing damage to existing buildings, sidewalks, roads, parking lot surfacing, and other existing assets. B. Owner has the option of contracting for such work and having cost deducted from contract amount if the Contractor is not qualified to complete repairs, or fails to act in a timely manner. 2.06 SECURITY A. Security is not provided by Owner. B. Contractor shall be responsible for loss or injury to persons or property where work is involved, and shall provide security and take precautionary measures to protect Contractor’s and Owner’s interests. 2.07 TEMPORARY PARKING A. Parking for equipment and Contractor employees shall be designated and approved by Owner. B. Make arrangements for parking area for employees’ vehicles. C. Any costs involved in obtaining parking area shall be borne by the Contractor. PART 3 – EXECUTION 3.01 GENERAL A. Contractor shall maintain and operate all temporary systems to ensure continuous service. B. Contractor shall modify and extend systems as work progress requires. 3.02 REMOVAL A. Completely remove temporary material and equipment when no longer required. B. Clean and repair damage caused by temporary installation or use of temporary facilities. C. Restore existing or permanent facilities used for temporary services to specified, or original condition. OAK BROOK – TECHNICAL - 3 3.03 BARRIERS and ENCLOSURES A. The Contractor shall furnish, install, and maintain as long as necessary, adequate barriers, warning signs or lights at all dangerous points throughout the work for protection of property, workers, and the public. The Contractor shall hold the Owner harmless from damage or claims arising out of any injury or damage that may be sustained by any person or persons as a result of the work under the contract. OAK BROOK – TECHNICAL - 4 SECTION 01 53 43 PROTECTION of ENVIRONMENT PART 1 - GENERAL 1.01 SUMMARY A. Contractor in executing work shall maintain work areas, on-and-off site, free from environmental pollution that would be in violation of federal, state, or local regulations. B. The Contractor is responsible for any and all clean-up that may be necessary and all applicable costs for the same. 1.02 LAWS and REGULATIONS – A. Environmental regulations may be met with different available technologies. It is the Contractor’s sole responsibility to comply with these and all applicable environmental regulations. B. If a contamination occurs work will stop until cleanup is complete. 1.03 PROTECTION of SEWERS A. Take adequate measures to prevent impairment of operation of existing sewer system. Prevent construction material, pavement, concrete, earth, or other debris from entering sewer or sewer structure. 1.04 PROTECTION of WATERWAYS A. Observe rules and regulations of local and state agencies, and agencies of U.S. government prohibiting pollution of any lake, stream, river, or wetland by dumping of refuse, rubbish, dredge material, or debris therein. B. Provide containment that will divert flows, including storm flows and flows created by construction activity, to prevent loss of residues and excessive silting of waterways or flooding damage to property. C. Comply with procedures outlined in U.S. EPA manuals entitled “Guidelines for Erosion and Sedimentation Control Planning and Implementation,” Manual EPA-72- 015 and “Processes, Procedures, and Methods to Control Pollution Resulting from all Construction Activity,” Manual EPA 43019-73-007. 1.05 DISPOSAL of EXCESS EXCAVATED and OTHER WASTE MATERIALS A. Dispose waste material in accordance with federal and state codes, and local zoning ordinances. OAK BROOK – TECHNICAL - 5 B. Unacceptable disposal sites include, but are not limited to, sites within wetland or critical habitat, and sites where disposal will have detrimental effect on surface water or groundwater quality. C. Make arrangements for disposal subject to submission of proof to Engineer that Owner(s) of proposed site(s) has valid fill permit issued by appropriate government agency and submission of haul route plan, including map of proposed route(s). D. Provide watertight conveyance for liquid, semi-liquid, or saturated solids that have potential to leak during transport. Liquid loss from transported materials is not permitted, whether being delivered to construction site or hauled away for disposal. Fluid materials hauled for disposal must be specifically acceptable at selected disposal site. 1.06 PROTECTION of AIR QUALITY A. Contain paint aerosols and VOCs by acceptable work practices. B. Minimize air pollution by requiring use of properly operating combustion emission control devices on construction vehicles and equipment used by Contractor, and encouraging shutdown of motorized equipment not actually in use. C. Trash burning not permitted on construction site. D. If temporary heating devices are necessary for protection of work, they shall not cause air pollution. 1.07 PROTECTION from FUEL and SOLVENTS A. Protect the ground from spills of fuel, oils, petroleum distillates, or solvents by use of containment system. B. Total paint, thinner, oils, and fuel delivered to and stored on-site cannot exceed supplied capacity of spill containment provided (i.e. fuel and oil to be sized to exceed possible spill). C. Provide proper containment unit under fuel tank and oil reservoirs for all equipment and fuel storage tanks. D. Barrels of solvents, even for cleaning, are prohibited. Do not deliver paint thinners in containers greater than five (5) gallons. E. Disposal of waste fluids shall be in conformance with federal, state, and local laws and regulations. 1.08 USE of CHEMICALS A. Chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant, or of other classification, must show approval of U.S. EPA, U.S. Department of Agriculture, state, or other applicable regulatory agency. OAK BROOK – TECHNICAL - 6 B. Use of such chemicals and disposal of residues shall be in conformance with manufacturer’s written instructions and applicable regulatory requirements. 1.09 NOISE CONTROL A. Conduct operations to cause least annoyance to residents in vicinity of work, and comply with applicable local ordinances. B. Equip compressors, hoists, and other apparatus with mechanical devices necessary to minimize noise and dust. Equip compressors with silencers on intake lines. C. Equip gasoline or oil-operated equipment with silencers or mufflers on intake and exhaust lines. D. Route vehicles carrying materials over such streets as will cause least annoyance to public and do not operate on public streets between hours of 6:00 P.M. and 7:00 A.M., or on Saturdays, Sundays, or legal holidays unless approved by Owner. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.01 HAZARDOUS MATERIALS PROJECT PROCEDURES A. Applicable Regulations: 1. RCRA, 1976 – Resource Conservation and Recovery Act: This federal statute regulates generation, transportation, treatment, storage and disposal of hazardous wastes nationally. B. Use the Uniform Hazardous Waste Manifest (shipping paper) to use an off-site hazardous waste disposal facility. C. Federal, State and local laws and regulations may apply to the storage, handling and disposal of hazardous materials and waste. OAK BROOK – TECHNICAL - 7 SECTION 05 00 00 METAL REPAIRS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Steel Repair. B. Surface Preparation of Lead Paint before Welding. 1.02 REFERENCES A. AWWA D100 Weld Standard B. AWS Weld Standard C. API 650 Standard 1.03 OMISSIONS A. The specifications include all work and materials necessary for completion of the work. Any incidental item(s) of material, labor, or detail(s) required for the proper execution and completion of the work are included. 1.04 DEFINITIONS A. Ground Flush: Ground even with adjacent metal with no transition. This preparation is intended for all removed items. B. Ground Smooth: Ground welds to the point that no cuts or scratches occur when rubbing your hand over the weld. Rebuild with weld any concavity discovered during grinding. This preparation is intended for all newly added steel. 1.05 WORK INCLUDED A. Install a gasket on the wet interior roof hatch. B. Modify the top platform. C. Overflow pipe discharge modification. D. Replace the mud valve. E. Replace the access tube air gap seal. F. Replace dry interior light bulbs. G. Weld rigging lug on the bowl. H. Install a sample tap on the fill/draw pipe. I. Expansion joint replacement. J. Remove abandoned antennas. 1.06 WORKMANSHIP A. Provide material and workmanship necessary to produce a first-class job. OAK BROOK – TECHNICAL - 8 B. All weld spatter is to be removed. C. All removed items are to be ground flush with surrounding surface. All new welds are to be ground smooth. 1.07 WELDER QUALIFICATIONS A. Certified for type and position of weld specified. B. The welder shall be specialized in industrial or heavy commercial welding and experienced in rigging and elevated work. 1.08 SUBMITTALS A. Safety Data Sheets (SDS) – for all items as required by law. B. Welder’s certification. C. Submit materials at least one (1) week prior to preconstruction meeting. 1.09 WORK SEQUENCING A. The following is NOT a ways-and-means decision of the Contractor. It is accepted and good painting practice and shall be completed by the Contractor in this specified fashion: 1. Complete ahead of all cutting and welding all surface preparation, such as removal of heavy metal bearing coating in the immediate area. 2. Complete all welding repairs prior to commencement of any power washing or abrasive blast cleaning. 3. Do not install non-painted items or store on or in the tank until after painting has been completed. 4. Remove existing items that are not to be painted after water cleaning, store in a secure location. 5. Disassemble appurtenances with mating surfaces (i.e. overflow flap gate, vent flange, etc.), surface prepare and coat mating surfaces and reassemble after topcoat is dry. PART 2 – PRODUCTS 2.01 STEEL PLATING and OTHER STRUCTURAL SHAPES A. General: ASTM – A36. B. Rebar for ladder rungs: A706 Weldable Rebar. 2.02 BOLTS and NUTS A. Stainless Steel 1. ASTM F594G – 316 Stainless Steel Bolts. 2. ASTM F594G – 316 Stainless Steel Nuts. OAK BROOK – TECHNICAL - 9 B. Galvanized Steel 1. ASTM A307 Grade A zinc coated Steel Bolts. 2. ASTM A307 Grade A zinc coated Nuts. 2.03 WELDS A. Final – E70XX Electrodes. B. Root – E60XX Electrodes. C. Wire – ER70S Electrodes. 2.04 OVERFLOW SCREEN A. Stainless steel wire mesh manufactured by McNichols Co. (800) 237-3820. B. Use twenty-four (24) mesh 0.014-in. diameter or larger. 2.05 MUD VALVE A. Babco-NFW 3 in. x 2.5 in.No Freeze Valve with a wrench as manufactured by Superior Sales & Service, Inc. 2311 Plattsmouth, NE 68048, (402) 296-1010. B. Hose material to be Goodyear Engineered Products NutriFlo suction and discharge hose supplied by Veyance Technologies Fairlawn, OH 888-899-6354 or approved equal. 2.06 SWING GATE A. Universal Swing Gate as manufactured by SafeRack of Sumter, SC 866-761-7225. 2.07 EXPANSION JOINT A. Flanged Bellows-Type/Unaflex Style 44 with a pressure rating of 150 psi, flanged ends, stainless bellows, minimum axial movement of 1 in. and minimum lateral movement of 0.1 in. Flanges are to be AWWA Class D C207. Unaflex Inc. Pompano Beach, FL. 1-800-327-1286. PART 3 - EXECUTION 3.01 ROOF HATCH GASKET A. Install a gasket on the wet interior roof hatch cover. B. Gasket to be ¼ inch EPDM or neoprene. C. Install after the exterior coating is dry to the touch. D. Apply gasket using adhesive, 3M Super Weatherstrip and Gasket Adhesive or approved equal. E. Payment is incidental to exterior painting. OAK BROOK – TECHNICAL - 10 3.02 MODIFY THE TOP PLATFORM A. Extend the top platform to create a larger step-off onto the access tube ladder. B. Modify the railings so there is a top rail and mid rail around the new platform section. C. Welds to be 3/16” full fillet. D. Install a swing gate at the riser ladder opening. E. Surface prepare and coat in accordance with Sections 09 97 13 and 09 97 13.10. F. See Drawing 01a-01d. G. Payment is a separate line item “Top Platform Modification” which the owner reserves the right to delete. 3.03 OVERFLOW DISCHARGE MODIFICATION AND FLAP GATE A. Modify the overflow discharge so it points downward and install a flap gate at the pipe discharge. B. Flap shall allow for closed positioning during non-flow conditions, and open operation during overflow conditions. C. Field verify existing overflow pipe dimensions. Lever arm configuration near hinge may vary if prior written approval is granted by the Engineer. D. Use steel plates as weights attached to the lever arm to assure complete closure at end of cycle, number may need to be more than shown on the drawing to ensure complete closure. E. Use PVC or plastic washers and spacers between the hinge bolts and lever arm, use enough washers to ensure a snug fit without damaging the coating during movement. F. Weld a flange onto the new discharge end of the overflow pipe. Use ¼” steel plate, flange size to match that of the flap gate outside diameter. G. Surface prepare and coat in accordance with Sections 09 97 13 and 09 97 13.10. H. See Drawing 02a-02b. I. Payment is a separate line item “Overflow Discharge Modification” which the Owner reserves the right to delete. 3.04 MUD VALVE A. Remove the existing mud valve from the bowl to the overflow pipe, reuse coupling and drain line for the new valve installation if possible. Properly dispose of the removed items. B. Install a frost-free mud valve in the lowest section of the mud settling area. Coupling shall be a heavy or extra heavy coupling and shall not extend more than ⅜ in. into wet interior surfaces. C. For the discharge, use hose attached to barbed fittings with band clamp and Schedule 40 pipe for connection to the overflow pipe. All threaded fittings to be coated with pipe joint compound. OAK BROOK – TECHNICAL - 11 D. The hose is to discharge into the overflow pipe. Cut a hole in the overflow (or use the existing opening, enlarge as needed) and weld the pipe using ¼ in. full fillet. E. Contractor to ensure that the discharge hose does not kink. Install adaptors as needed to prevent kinking. F. Attach a wrench on a chain to the valve for operating the valve. Chain to have a clip or clasp for easy removal and use. G. Surface prepare and coat in accordance with Sections 09 97 13 and 09 97 13.10. H. Weld one – 4 in. x 4 in. x ⅜ in. angle iron (height – top of valve entry into tank, plus 2 in.) to act as ice shield. I. See Drawing 03. J. Payment is a separate line item “Mud Valve” which the Owner reserves the right to delete. 3.05 ACCESS TUBE AIR GAP SEAL A. Furnish a 3/8 in. neoprene sheet to cover the air gap at the access tube. B. Remove the existing sheeting, Contractor to properly dispose of removed items. C. Attach neoprene sheet to the access tube using two (2) ½” wide stainless-steel banding clamps using a make-a-clamp kit. The existing clamps can be reused if possible D. Work to be performed after the surface is surface prepared and coated per Sections 09 97 13 and 09 97 13.10. E. Payment is incidental to the project. 3.06 REPLACE LIGHT BULBS A. Replace all dry interior bulbs with LED light bulbs B. Dry interior bulbs to be bright white LED bulbs with a minimum brightness of 800 lumens and a color of light at a minimum of 5,000K and a minimum rated life of 25,000 hours., size A19. C. Change bulbs after all blast and paint equipment has been removed from the tank. D. All bulbs to have the same color and brightness throughout the dry interior. E. Payment is incidental to the project. 3.07 BOWL RIGGING LUG A. Install a lug on the bowl above the top platform ladder opening for rigging rescue cable/rope. B. Lug to be 4 in. x 4 in. x ⅜ in. steel plate with a 2 in. diameter hole. C. Weld using ⅜ in. full fillet welds. D. Surface prepare and coat in accordance with Sections 09 97 13 and 09 97 13.10. E. Payment is incidental to wet interior repainting. OAK BROOK – TECHNICAL - 12 3.08 SAMPLE TAP A. Install a sample tap in the fill/draw pipe at the base of the tank. B. Install a 1.5 inch Corporation Stop Mueller Ball Valve type or approved equal. C. Install approximately 4 ft. above grade. D. Install adaptor to a downward facing smooth ended spout (size to be a minimum of ½ inch in diameter). E. Payment is a separate line item “Sample Tap” which the Owner reserves the right to delete. 3.09 EXPANSION JOINT REPLACEMENT A. Remove the insulation from the expansion joint to determine type. If the joint is not a bellows joint then replace the joint. B. Weld new bolted flanges on the pipe above the top platform per AWWA C207. C. Remove the existing expansion joint located in the pit in the basebell. Expansion joint to become property of the Contractor for proper disposal. Install a flanged spool section in place of the removed expansion joint. Spool to be STD size the flanges are to match the existing, install new stainless steel bolts and nuts. The bolt and nut size are to match the existing flanges. D. The pipe size is 12 inches. Field verify fill pipe size and opening required for new expansion joint, Contractor is responsible for any existing pipe alterations required for new joint fitting. E. Install gasket between the existing flanges and the new expansion joint per AWWA C207 with a full face and a minimal thickness of 1/16 inch. F. Surface prepare the carbon steel flanges and coat in accordance with Sections 09 97 13 and 09 97 13.10. G. Reinstall or replace existing insulation over the entire joint and spool piece. H. See Drawing 04a-04b. I. Payment is a separate line item “Expansion Joint Replacement” which the Owner reserves the right to delete. 3.10 REMOVE ABANDONDED ANTENNAS A. Remove the abandoned antennas on the tank. There are 2 antennas to remove. B. Remove the antennas, cables, and mounting poles. Contractor to properly dispose of removed items. C. Grind flush any welds from the mounting pole if applicable. D. Seal left after removing the antenna cables using silocone caulk. E. Payment is incidental to the project. OAK BROOK – TECHNICAL - 13 PART 4 – SPECIAL PROVISIONS 4.01 WELD PREPARATION PRIOR to COATING A. Prepare all new welds per NACE RPO 0178 prior to coating application. Grind welds to category D. 4.02 SURFACE PREPARATION – PREWELDING – LEAD PAINT A. The existing dry interior coating is known to contain lead. B. Remove all coating 6-in. on both sides of welding area by abrasive blast cleaning or vacuum shrouded power tool cleaning prior to any cutting or welding. C. Chemical stripping or other method may be approved by the Engineer. D. Absolutely do not begin any repair work until all adjacent coating is properly removed. Note: Drawing Not to Scale.DWG: 01aFile Name: a-existtopplat.dwgENGINEERING, INC.DIXONExisting Conditions - Top PlatformChecked By: JVRDrawn By: TMFDate: 07/15/20Oakbrook, IL 250,000 Sph. - West Note: Drawing Not to Scale.DWG: 01bENGINEERING, INC.DIXONSupport and Platform DetailFile Name: b-topplatform.dwgChecked By: JVRDrawn By: TMFDate: 07/15/20Oakbrook, IL 250,000 Sph. - West Note: Drawing Not to Scale.DWG: 01cENGINEERING, INC.DIXONPlatform HandrailFile Name: c-topplatform.dwgChecked By: JVRDrawn By: TMFDate: 07/15/20Oakbrook, IL 250,000 Sph. - West Note: Drawing Not to Scale.DWG: 01dENGINEERING, INC.DIXONHandrail detailFile Name: d-topplatform.dwgChecked By: JVRDrawn By: TMFDate: 07/15/20Oakbrook, IL 250,000 Sph. - West Note: Drawing Not to Scale.ENGINEERING, INC.DIXONOverflow Dischargefile name: overflow extension.dwgDWG: 02aChecked By: JVRDrawn By: TMFDate: 07/15/20Oakbrook, IL 250,000 Sph. - West Note: Not to Scale DWG: 02b File Name: 10in_flapgate.dwg ENGINEERING, INC. DIXON 10" Overflow Flap Gate Checked By: JVR Drawn By: TMF Date: 07/15/20 Oakbrook, IL 250,000 Sph. - West Note: Drawing Not to Scale. File Name: bowlbabcovalve.dwg ENGINEERING, INC. DIXON Mud Valve DWG: 03Checked By: JVR Drawn By: TMF Date: 07/15/20 Oakbrook, IL 250,000 Sph. - West File Name: replacement.dwg Expansion Joint Replacement Note: Drawing Not to Scale. DIXON ENGINEERING, INC. DWG: 04aChecked By: JVR Drawn By: TMF Date: 07/15/20 Oakbrook, IL 250,000 Sph. - West File Name: expansion joint.dwg Expansion Joint Note: Drawing Not to Scale. DIXON ENGINEERING, INC. DWG: 04bChecked By: JVR Drawn By: TMF Date: 07/15/20 Oakbrook, IL 250,000 Sph. - West OAK BROOK – TECHNICAL - 14 SECTION 09 97 13 STEEL COATING PART 1 – GENERAL 1.01 SECTION INCLUDES A. Painting of steel structures. B. Interior cleaning and disinfection. 1.02 REFERENCES A. AWWA Standards: 1. D102 – 17 Painting Steel Water Storage Tanks. 2. C652 – Disinfection of Water Storage Facilities. 3. C655 – Field Dechlorination. B. NSF/ANSI 1. NSF/ANSI 61 1.03 WORK INCLUDED A. Exterior: Apply a three (3) coat epoxy urethane system. B. Wet Interior: Apply a three (3) coat zinc epoxy system, apply a polyurethane caulk to the roof lap seams. The cathodic protection system is to be removed, and reinstalled by the owner’s vendor, coordination and payment is the contractor’s responsibility. C. Dry Interior: Apply a spot two (2) coat epoxy system to the prepared surfaces. 1.04 EXISTING CONDITIONS A. Exterior: Acrylic overcoat system applied in 2007. The coating tested for lead at 0.0027% by weight. B. Wet Interior: Epoxy system applied in 2007 over a SSPC-SP10 near white blast standard. C. Dry Interior: Spot epoxy repairs performed in 2007. The Original system was tested for lead at 0.13% by weight. 1.05 OMISSIONS or INCIDENTAL ITEMS A. It is the intent of these specifications to coat the structure for the purpose of corrosion protection on wet interior surfaces. It is the intent to coat the exterior for corrosion protection and aesthetics. B. Any small or incidental items not specifically detailed in the schedule, but obviously a part of the work are included in the work at no additional cost to the Owner. OAK BROOK – TECHNICAL - 15 C. Engineer, as interpreter of the specifications, will determine if disputed items fall under this category. Prevailing custom and trade practices will be considered in this determination. 1.06 SUBMITTALS A. Submit the following with your annual prequalification: 1. Occupational Safety and Health Programs and certification that all site personnel have been trained as required by law. B. Submit the following ten (10) days prior to the preconstruction meeting: 1. Safety Data Sheets (SDS) and Product Data Sheets: a. Furnish from all suppliers Safety Data Sheets and product data sheets for all applicable materials including, but not limited to, paints, thinners, cleaners, degreasers, and abrasive materials. b. Provide for employees one (1) copy of all data sheets at the job site for employee access. c. Provide one (1) hard copy and an electronic copy to the Engineer. d. No work may commence without the complete filing. All SDS shall conform to requirements of SARA (EPCRA) Right-to-Know Act. 2. Ventilation Design Plan. Include airflow calculations and model, and number of fans. 3. Dehumidification/Heat Design Plan. Include airflow calculations, model, number of units used, connection details, and power source. 4. Fall Prevention Plan and Site Specific Fall Hazard Evaluation: a. Site specific plan to contain a generic drawing of the existing structure and appurtenances of this structure and reflect safety changes specified for this project. b. Certifications for all spiders, scaffolding, stages, etc. to be used on the project. All certifications to be current, less than one year old. C. Submit the following at the preconstruction meeting: 1. Designated OSHA Competent Person and qualifications, if not previously submitted. D. Submit the following within two (2) weeks of project completion with final pay request: 1. Waste manifest, waste hauler and disposal facility. Required only if waste is hazardous. 2. Waivers of lien. 3. Copies of any formal worker safety or environmental citations received on the project. OAK BROOK – TECHNICAL - 16 1.07 OWNER RESPONSIBILITY A. Drain the structure with a seven (7) day notice after Contractor meets all precedent conditions of the contract. B. Fill the tank and draw samples and test after chlorination; responsibility of good results remains with the Contractor. Poor test results could result in added costs to Contractor, including re-chlorination, cost of water, plus possible liquidated damages. 1.08 DELIVERY and STORAGE of MATERIAL A. Submit manufacturer’s invoice, with or without paint cost, to the Engineer for review. This submittal will be used to identify the quantity of paint recommended by the manufacturer for a job of this size and design and will be used to check the quantity actually delivered to the project. B. Cover bulk materials subject to deterioration because of dampness, weather, or contamination, and protect while in storage. C. Maintain materials in original, sealed containers, unopened and with labels plainly indicating the manufacturer’s name, brand, type, grade of material, and batch numbers. D. Remove from the work site containers that are broken, opened, water marked, and/or contain caked, lumpy, or otherwise damaged materials. They are unacceptable. E. Store the material in a climate controlled designated area where the temperature will not exceed the manufacturer’s storage recommendations. Heat the storage area to the manufacturer’s recommended minimum mixing temperature. F. Keep equipment stored outdoors from contact with the ground, away from areas subject to flooding, and covered with weatherproof plastic sheeting or tarpaulins. G. Store all painting materials in a location outside the structure. H. Do not store or have on-site unapproved material, material from different manufacturers, or materials from different projects. 1.09 ACCESS and INSPECTOR SAFETY A. Provide access to all portions of the project where work is being completed. Access must be close enough and secure enough to allow inspector to use inspection equipment without extensions. B. Provide personnel to assist with access and to ensure Contractor’s access equipment is safely used. C. Provide separate fall protection devices and safety lines for the Owner and inspectors. Limit fall to 5 ft. vertically. D. These specifications require the Contractor to supply a separate fall protection cable and safety grab for each tie-off point for the inspector’s use. The Contractor is encouraged to provide a separate cable and tie-off for each worker. The cables may OAK BROOK – TECHNICAL - 17 be connected to the same tie-off point as the inspector’s, but a separate cable and safety grab are required for each user. 1.10 INSPECTION and TESTING A. Prior to the scheduled inspection, remove all dust, spent abrasive, and foreign material from the surface to be coated. B. The Contractor is to furnish an instrument for measuring the wet film thickness, and also a calibrated instrument for measuring dry film thickness of each field coat of paint. The dry film thickness testing gauge shall be the magnetic type as manufactured by Elcometer Co., or the Nordson Gauge Co.; spring loaded model with two percent (2%) accuracy margin over a range of one-to-twenty-one (1-21) mils or equal. C. The Engineer will furnish and operate inspection equipment for their own use as quality assurance. D. Certify to the Owner that the specified paint has been applied at the paint manufacturer’s recommended coverage, and to the specified thickness required. Also, certify that the paint has been applied in accordance with this contract. E. Take all necessary steps, including dry striping by brush or roller, to ensure a holiday- free coating system. F. The wet interior coatings are subject to low voltage holiday testing. G. The Owner and Engineer reserve the right to perform destructive testing under conditions deemed necessary. Testing may include, but is not limited to, the Tooke thickness test and adhesion testing. Any damage caused by these tests will be corrected to specifications at the Contractor’s expense. 1.11 CLIMATIC CONDITIONS A. Do not apply paint when the temperature, as measured in the shade, is below the manufacturer’s required ambient and surface temperatures. B. Do not apply paint to wet or damp surfaces, or during rain, snow, or fog. C. Do not apply paint when it is expected the relative humidity will exceed 85%, or the surface temperature is less than 5º above dew point, or the air temperature will drop below the manufacturer’s requirements for proper cure. Anticipate dew or moisture condensation, and if such conditions are prevalent, delay painting until the inspector is satisfied the surfaces are dry. 1.12 APPLICATION A. Complete all painting and surface preparation in strict accordance with these specifications, approved paint manufacturer’s specifications, and good painting practices per SSPC. OAK BROOK – TECHNICAL - 18 B. Apply each coating at the rate and in the manner specified by the manufacturer. Check the wet film thickness every 200 sq. ft. to ensure each coat applied meets the dry film thickness range requirements. C. Allow sufficient time for each coat of paint to dry and cure. Allow a minimum of twenty-four (24) hours between coats, unless product requirements have a maximum time less than 24 hours. D. Apply exterior coating by brush and roller only. Spray application is not permitted without prior approval of the Engineer. Even with prior approval, responsibility for damage still remains with the Contractor. E. Painting may be delayed because of poor coverage or the potential damage from overspray and/or dry spray. In all cases, responsibility for damages rests with the Contractor. F. The Contractor is responsible for the appearance of the finished project and is warned to prevent contact with any freshly applied coating. Removal of rigging shall be completed so not to mar or damage the coating. G. Coatings shall be applied using methods to eliminate roller or spray marks in the finished product on the exterior. H. Stripe the wet interior prior to the application of the final coat. I. Additional coats required for coverage or to eliminate roller marks, spray marks and to repair dry spray and overspray are the responsibility of the Contractor at no additional cost to the Owner. J. Use of pole extension on spray guns is prohibited for all paint application. K. Mixing of partial kits is not permitted. All partial cans of coating must be removed from the site. L. Mixing blades to be clean. The Engineer has the right to reject mixing blades based on cleanliness or paint build-up. Do not use the same mixing blade for different coatings (i.e. epoxy and urethane coatings). 1.13 PRESSURE RELIEF VALVES A. Furnish two (2) pressure relief valves. B. The valves shall be Aquatrol series 69F1 or approved equal. C. Valves will need to be fitted with hydrant thread adaptor. Valves to be adjustable with range a minimum of 30 to 90 psi. Set valve at 60 psi. D. Supply three (3) days prior to draining of the structure. E. After work to the structure and successful disinfection have been completed, the Owner will return the valves to the possession of the Contractor. F. Cost shall be incidental to project cost. OAK BROOK – TECHNICAL - 19 PART 2 – PRODUCTS 2.01 COLOR A. Exterior Coatings: 1. Supply the Engineer with a color chart to allow the Owner ample time for the exterior topcoat color selection. 2. Factory tint the intermediate coat(s) for all areas of the structure if similar to the finish coat. Tinting shall be sufficient to allow visibility of the dissimilar color from 1 ft., and from 100 ft. 3. After evaluating the bids, the Owner shall select the color. All bids shall be based on common “white” color. The Owner recognizes the additional cost for deep color paints. After the color has been selected, document the difference in cost and quantity used for the selected color and the Owner will issue a Change Order for the exact cost differential only. 4. Documentation of additional cost is the responsibility of the Contractor and must be supplied two (2) weeks before application. If necessary, documentation is not supplied, any additional cost will be borne by the Contractor. If selection/application time is less than two (2) weeks, then as soon as possible. The Owner has the right to switch to a less expensive color; therefore, the Contractor must submit cost before ordering paint. B. Wet Interior and Dry Interior Coatings: 1. The color is to be a different tint between coats. Tinting to be performed in the factory. 2.02 SUBSTITUTIONS A. All coatings specified and approved herein have met or exceeded a specified list of ASTM standards. The materials specified are the standard to which all others shall be compared. B. The purpose is to establish a standard of design and quality, and not to limit competition. C. Other manufacturers wishing to have their products approved have also had their coatings tested using the same representative of Dixon Engineering, Inc., and the same test methods. D. Approval by ANSI/NSF Standard 61 is also a requirement for potable water contact coatings. E. The selection of coatings also has taken into consideration the manufacturer’s current and past performance on availability, stocking, and shipping capabilities, ability to resolve disputes, and any applicable warranties. OAK BROOK – TECHNICAL - 20 2.03 DEHUMIDIFICATION and HEATING – WET INTERIOR A. Supply dehumidification/heating units capable of maintaining dew point temperature lower than 15º below surface temperature during blasting and lower than 5º during coating application and cure, and steel temperature maintained above the manufacturer’s printed requirements. B. Supply a dehumidifier designed with a solid desiccant having a single rotary desiccant bed capable of continuous operation, with fully automatic operation. Do not use liquid desiccant, granular, or loose lithium chloride drying systems. Refrigerant systems may be used in conjunction with desiccant units. C. Plumbing, noise control, insulation, venting, and all incidental items needed to provide proper ambient conditions shall be included as one package. D. Supply and maintain a power source for the dehumidifier and heater, unless otherwise specified. 2.04 DUST COLLECTORS – AIR FILTRATION UNITS A. Furnish and use a dust collector during all blasting work. B. Units to be equal in filtration capacity to Eagle Industries dust collectors. Other units may be used, but their substitution will be evaluated on efficiency at 0.5 micron size and airflow movement. C. Use 20,000 CFM minimum for wet interior work. D. Substitution of steel grit blasting may decrease the requirements above. New requirements will be defined by the Engineer based on the efficiency of the Contractor’s equipment. E. Furnish HEPA filters for dust collection. F. 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. G. Use only new filters or filters certified clean. 2.05 EQUIPMENT COVERING A. Use material that is 8 – 10 mils thick, and 100% impermeable to all vulnerable equipment. B. Use material resistant to tear and/or rip by mechanical action from abrasive blasting during blasting operations. C. Make coverings airtight by use of duct tape at the openings, or other suitable measures. D. Meet with representative of equipment Owner to verify covering will not damage equipment. Damage is the Contractor’s responsibility. This includes not only the OAK BROOK – TECHNICAL - 21 Owner’s equipment, but also telecommunication antennas, cables, buildings, controls, etc. 2.06 AIR DRYER for COMPRESSOR A. Use air dryers sufficient to remove 98% of the moisture from the compressed air. Size the dryers on total cfm using manufacturer supplied charts. Upon request, supply charts to Engineer for verification. B. If the dryer 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. PART 3 – EXECUTION 3.01 DISINFECTION A. Disinfect the completely painted structure in accordance with AWWA Standard C652 Chlorination Method No. 3. B. Furnish the material and labor necessary to disinfect the structure in the required manner. Assist Owner during filling. C. Do not allow water to enter the distribution system until satisfactory bacteriological test results are received. D. Owner is responsible to collect two consecutive bacteriological samples, 24 hours apart, following disinfection. Satisfactory results are required before the tank can be returned to service. E. Water drained to waste may not contain any substances in concentrations that can adversely affect the natural environment. No total residual chlorine may be measured in water discharged to surface water. It is recommended that the water be dechlorinated per AWWA C655F Field Dechlorination. F. Pay all additional expenses if it is necessary to repeat the testing and disinfection procedure as a result of defective work. 3.02 PROTECTION of NON-WORK AREAS A. Protect all non-blasted/painted surfaces prior to all abrasive blast cleaning/painting. B. Thoroughly cover the fill/drain pipe, overflow pipe, and all other openings. Do not permit abrasive or paint chips to enter into the piping or distribution system. Use watertight seals on the pipes. C. Protect and seal all controls and electrical components (even if they are not in the immediate work area) that are in danger from the project. Coordinate with the Owner so all controls are shut down and/or vented if necessary. OAK BROOK – TECHNICAL - 22 3.03 ANTENNA SYSTEM PROTECTION A. There are fourteen antennas mounted on the roof and three on the riser. The number of antennas listed are from the last known condition, the Contractor is to field verify number of antennas. B. There are cables routed from the ground up to the antennas with miscellaneous sensitive equipment mounted on the structure and control equipment/buildings located on the ground. C. Use material that is 100% impermeable to cover and protect all antennas, antenna cables, and antenna controls/buildings. D. Use material resistant to tear by mechanical action from abrasive blasting, power washing and coating application. E. Payment for damage to antennas, antenna cables, miscellaneous equipment and/or antenna controls/buildings is the responsibility of the Contractor. F. Contact the Owner of each set of antennas one (1) week prior to the beginning of construction. Name of antenna companies will be available at the preconstruction meeting. G. Antennas may remain in service during the project. The Contractor is responsible for their own RF safety. Contractor to provide a minimum of one RF monitor for employees on site for the duration of the project. 3.04 ANTENNA EQUIPMENT COATING A. Antenna equipment is to be surface prepared and coated to match the exterior tank per these specifications including but not limited to: brackets and mounting poles. B. All previously coated items are to be coated per the exterior specifications. Any galvanized, stainless steel or other uncoated materials are to remain uncoated. C. Cost is incidental to the project. 3.05 DEHUMIDIFICATION/HEATING A. Control the environment with dehumidification equipment twenty-four (24) hours a day during blast cleaning, coating operations, and 48 hours after the topcoat (including holiday touch-ups and repairs are performed) as a minimum to maintain ambient conditions until cure completion. B. Supply sufficient dry air to assure the air adjacent to surfaces to be abrasive blast cleaned or coated does not exceed minimum required humidity at any time during the blasting, coating, or curing cycle. C. Monitor and record ambient conditions twenty-four (24) hours a day throughout abrasive blast cleaning and painting work (use Polygon Exact Aire, DRYCO ClimaTrack, DH Tech HOBOU30 data logger, or approved equal). Monitor to be OAK BROOK – TECHNICAL - 23 capable of being programmed with condition parameters and of alerting Contractor, Engineer and Owner via phone or e-mail of condition or equipment failures. D. Contractor to manually test interior ambient conditions three (3) times a day, or more often with rapid weather changes. Record daily readings. Adjust or add equipment as required to maintain steel temperatures, dew point, and humidity. (This is in addition to the monitor with recorder noted above). E. Use a minimum 2,000 CFM dehumidification capacity for all wet interior work. F. Surround the units with noise suppressant enclosures, unless units are sound attenuated or have noise suppressants. More extensive enclosure requirements are required in residential areas where the machines must run all night. Noise suppressant level needed will depend on the size of the dehumidification units, their efficiency, and their locations. Provide noise suppressant enclosures of sufficient height and thickness to lower noise to an acceptable level for neighbors. Also provide noise suppressant enclosures for generators. G. Auxiliary heaters may be necessary to maintain the surface temperature at a level acceptable to the coating manufacturer’s application parameters. The auxiliary equipment must be approved for use by the manufacturer of the dehumidification equipment and shall meet the following requirements. Auxiliary ventilation equipment and/or dust collection equipment can affect the exchange rate. 1. Heaters shall be installed in the process air supply duct between the dehumidifier and the work, as close to the work as possible. Air heaters are not acceptable as a substitute for dehumidification without approval. 2. Use only electric or indirect gas fired auxiliary heaters. No direct fired space heaters will be allowed during blasting, coating, or curing phase. H. Seal off the work, allowing air to escape at the bottom of the space away from the point where the dehumidified air is being introduced. Maintain a slight positive pressure in the work unless the dust from the blasting operation is hazardous. I. Where necessary to filter the air escaping the space, design the filtration system to match the air volume of the dehumidification equipment in such a way that it will not interfere with the dehumidification equipment’s capacity to control the space as described herein. Do not re-circulate the air from the work or from filtration equipment back through the dehumidifier when coating or solvent vapors are present. Outside air is to be used during those periods. J. Securely attach duct work to the equipment and work to minimize air loss. Design hoses with sufficient capacity and minimal bends to reduce friction loss. K. Dehumidification and its operating power source are incidental to the respective painting project (wet or dry interior). L. Set-up and operate equipment twenty-four (24) hours (or earlier) prior to start of blasting. OAK BROOK – TECHNICAL - 24 3.06 DUST CONTAINMENT – INTERIOR A. Do everything within the Contractor’s power to minimize dust as a nuisance. B. No visible dust release is allowed from roof openings and other access openings. Seal or close all openings prior to blasting (see ventilation requirements). C. Connect the air filtration unit directly to a manhole extension. D. Design the manhole extension to allow access of hoses through a side exit that is sealable after hoses are in-place. Install the air filtration unit directly to the end of the extension. E. Seal of the side exit will be tested by holding a smoke agent 6 in. outside the seal with the air filtration unit operating. If smoke is drawn to the seal area, additional sealing will be necessary. F. The Contractor may reverse this operation by connecting the air filtration unit to the roof manhole and sealing around the hose. Also seal the roof vent. A sealed semi- rigid structure also may be used where employees have access through a side door. 90% of the air draw must be from the tank proper. G. Construct the semi-rigid structure from 8 ft. x 8 ft. x 6 ft. high scaffold framing and cover with tarps, with all edges lapped 2 ft. minimum and an overlapped entranceway. 3.07 VENTILATION REQUIREMENTS A. Supply mechanical ventilation sufficient to change air in the tank six (6) times each hour. B. In calculating air exchange, the dust collector air capacity can be considered a part of the air being changed up to 50% of ventilation requirements. C. Use the roof or access tube/bowl manways with fans to move the required air. D. Ventilate wet interior areas a minimum of seven (7) days after completion of painting, or longer until the wet interior coating has fully cured. Maintain ventilation at the rate of two (2) complete air changes per hour. The Owner reserves the right to perform a MEK Solvent Double Rub Test per ASTM D 4752 to verify the cure of the coating film prior to returning the tank to service. E. Cost of ventilation is incidental to the project. F. Additional ventilation openings may have to be installed by the Contractor. Submit size, details, and location(s) for approval by the Owner prior to cutting any opening. All costs associated with repairs by a certified welder are incidental G. Connect the air filtration unit per Section, Dust Containment – Interior. All fans at the bottom wet interior manhole may blow out into the dry interior, forcing the dust down. Zero release to the atmosphere will be permitted. OAK BROOK – TECHNICAL - 25 3.08 HAND WASH FACILITY A. Provide OSHA approved hand wash facility with running water. Hot water is not required. B. Stock facility with soap and towels and keep supply replenished. C. Test water and dispose of properly after job is completed. 3.09 LIGHTING of WORKSPACE A. Provide durable lighting fixtures designed for the intended work environment for use during blasting, painting, and during all inspections. B. Encase portable lamps in a non-conductive, shatterproof material. Use only heavily insulated cable with an abrasive resistant casing. C. Install all temporary electrical items in accordance with all local, state, and federal codes, including OSHA. D. Protect from paint overspray and damage from abrasive materials. E. Measure required illumination during surface preparation and coating application at the work surface. Supply 20 ft. candles minimum illumination during blasting and painting, and 30 ft. candles minimum prior to and during inspection, per SSPC-Guide 12. Inspect the prepared surface at the higher illumination prior to calling for inspection. All work must conform to specification requirements prior to the scheduled inspection. F. Measure the illumination at the work surface in the plane of the work. PART 4 – SPECIAL PROVISIONS 4.01 CATHODIC PROTECTION REMOVAL A. Remove existing cathodic protection anode system from the tank, including ropes and wires. B. Install new anode wires and mounting hardware as needed and replace all reference cells. Work shall be performed by existing Owner supplier and must meet AWWA D104 requirements. C. Cost is incidental to wet interior repainting. 4.02 SCHEDULING A. Complete all welding and any other work that damages the coating before paint operations begin, including surface preparation. The exception is paint removal in the weld area. B. If Contractor wants a variance in this schedule, request the change and give reason in writing to the Owner. The project manager will reply with a written Field Order if change is approved. Engineer reserves the right to put further restrictions in Field OAK BROOK – TECHNICAL - 26 Order. If Contractor objects to restrictions, he may revert to the original specifications. 4.03 GRASS RESTORATION A. The Contractor is to report any damaged ground at the construction site in writing prior to mobilization of equipment, otherwise all repairs to the damaged ground will be the responsibility of the Contractor. B. Refill all holes, ruts etc. with clean topsoil, and level area around the construction site to the original grade. C. Fill material to be clean soil, no gravel, rocks or construction debris is to be used as fill material without the Owner’s consent. D. Bring soil to a friable condition by disking, harrowing, or otherwise loosening and mixing to a depth of 3 in. – 4 in. Thoroughly break all lumps and clods. E. Rake area to be seeded. Sow seed at a minimum rate of 220 lbs/acre. Use seed intended for the climate. F. Work to be completed to the Owner’s satisfaction. G. Cost is incidental to exterior painting. OAK BROOK – TECHNICAL - 27 SECTION 09 97 13.10 STEEL COATING SURFACE PREPARATION PART 1 – GENERAL 1.01 SECTION INCLUDES A. Full/Spot Field Abrasive Blasting. B. Power Tool Cleaning. C. High Pressure Water Cleaning. 1.02 REFERENCES A. AWWA Standards: 1. D102-17 Painting Steel Water Storage Tanks. B. SSPC and NACE Standards: 1. SP11 – Power Tool Cleaning to Bare Metal. 2. SP6/NACE No. 3 – Commercial Abrasive Blast. 3. SP10/NACE No. 2 – Near-White Metal Abrasive Blast. 4. SP12/NACE No. 5 – High and Ultra High Pressure Water Jetting. 5. VIS 1 (Visual standard for abrasive blasted metal). 6. VIS 3 (Visual standard for hand and power tool cleaned metal). 1.03 WORK INCLUDED – SURFACE PREPARATION A. Exterior: High pressure water clean (5,000 to 10,000 psi), spot power tool clean to a SSPC-SP11 standard B. Wet Interior: Abrasive blast clean to a SSPC-SP10 near-white metal standard. C. Dry Interior: Abrasive blast clean the entire top of the condensate platform (including 1 ft. up the riser wall) and spot failures throughout to a SSPC-SP6 commercial standard. 1.04 WASTE AND SOIL SAMPLING A. Sample waste from each portion of the project and keep waste segregated. Send to a NLLAP certified lab and test for TCLP for eight (8) metals (Arsenic, Barium, Cadmium, Chromium, Lead, Mercury, Selenium and Silver). B. The Owner reserves the right to collect samples and to send them to their selected lab. This will be determined at the preconstruction meeting. C. Pay all lab fees for eight (8) metals TCLP analysis on waste samples. OAK BROOK – TECHNICAL - 28 PART 2 – PRODUCTS 2.01 EXTERIOR TANK CLEANER A. United 727 Weather-Zyme as manufactured by United Laboratories, 320 37th Ave., St. Charles, IL 60174 1-800-323-2594. 2.02 ABRASIVE – COAL SLAG A. The coal slag shall be 20-40 grade, or 30-60 grade. B. The abrasive shall be free of moisture, water soluble contaminants, dust, and oil. C. The abrasive shall be stored and covered to prevent moisture contamination. D. All leaking or spilling bags shall be removed, and affected areas properly cleaned. E. All slag abrasive shall meet the requirements of SSPC-AB1 “Mineral and Slag Abrasive” June 1, 1991-Grade 3. F. The use of silica sand, flint sand, and glass beads is prohibited. G. All abrasive and grit material used, and all equipment supplied shall be subject to approval of the Engineer. The abrasive or grit shall be sharp enough and hard enough to remove the mill scale, rust, and paint. 2.03 RECYCLABLE STEEL GRIT – ALTERNATE A. Use recyclable steel grit size G-25 or G-50. B. The abrasive is to be free of moisture, water soluble contaminants, dust, and oil. C. The abrasive is to be stored and covered to prevent moisture contamination. D. All leaking or spilling containers are to be removed, and affected areas properly cleaned. E. All recyclable steel grit shall meet requirements of SSPC-AB1 “Metallic Abrasive” June 1, 1991. F. All abrasive and grit material used, and all equipment supplied shall be subject to approval of the Engineer. The abrasive or grit shall be sharp enough and hard enough to remove the mill scale, rust, and paint. G. Using steel grit in the dry interior will require extra clean-up when there is insulation on the fill pipe. The insulation and insulation jacketing on the fill/draw pipe will need to be removed for the sections within 4 feet above each platform. The removed insulation and jacketing is to be cleaned and reinstalled to original conditions. PART 3 – EXECUTION 3.01 PRE-SURFACE PREPARATION – WET INTERIOR A. Low pressure water clean at 4,000 psi all surfaces and appurtenances to remove sediment, minerals, and other contaminants. OAK BROOK – TECHNICAL - 29 B. Staining may remain in place prior to abrasive blast cleaning, Engineer to approve cleanliness. 3.02 NEAR-WHITE METAL (SSPC-SP10) DRY BLAST – WET INTERIOR A. Abrasive blast clean all surfaces and appurtenances to a near-white metal finish (SSPC-SP10), latest edition thereof. B. Maintain a profile of 2.0 – 3.0 mils on abrasive blast cleaned surfaces. C. All interior abrasive blast cleaning is to be completed and all spent abrasive removed, and surfaces thoroughly cleaned prior to any primer application. D. Once an area is acceptable for painting, apply all coats and allow coating to cure to touch prior to resumption of blasting or blast the entire tank before painting, use dehumidification to hold the blast. It is the Contractor’s discretion and responsibility to determine if the entire tank is to be blasted, or what size is to be blasted and coated (all coats). E. The Contractor is responsible for supplying heat and dehumidification to maintain blast conditions. 3.03 HIGH PRESSURE WATER CLEANING - EXTERIOR A. Solvent clean all visible grease, oil, salt, algae, and residue in accordance with SSPC- SP1. B. High pressure water clean all exterior surfaces and appurtenances at 5,000 – 10,000 psi to remove all dirt, chalk, algae, other foreign material, and all brittle or loose coating, rust, and mill scale. Operational pressure will be determined by the Engineer based on field conditions. C. Maintain a water jet nozzle distance of 2 in. – 10 in. away from the surface. D. Hold the water jet nozzle with 0º - 15º tip perpendicular (90º) to the surface at all times. E. Only use machines rated at and capable of achieving and maintaining 10,000 psi. Use of a rotating/reciprocating nozzle during water cleaning is permitted but not to increase the pressure of a washer rated lower than required. F. Do NOT exceed a rate of 10 sq. ft./minute. G. The gauge measuring time of use must be operational on the unit, if not operational the Contractor may be shut down and/or deducted price for rental of an operational unit from the final payment. H. Feather all edges using power tools per this specification. 3.04 POWER TOOL CLEAN (SSPC-SP11) - EXTERIOR A. Solvent clean all visible grease, oil, salts, and residue. B. Power tool clean all surfaces and appurtenances to bare metal (SP11) in areas where steel is exposed or rusted, or where coating is abraded. OAK BROOK – TECHNICAL - 30 C. Retain or produce a surface profile. Surface profile shall be greater than 1.0 mil. D. Edges of adjacent coating shall be feathered a minimum of ½ in. from the exposed steel with 3M Scotch-Brite Clean’n Strip discs. 3.05 COMMERCIAL BLAST (SSPC-SP6) SPOT – DRY INTERIOR A. Abrasive blast clean the entire top of the condensate platform (including 1 ft. up the riser wall) and spot failures throughout where steel is exposed or rusted, or where coating is abraded as specified to a commercial finish (SSPC-SP6), latest edition thereof. B. Maintain a profile of 1.0 – 2.0 mils on abrasive blast cleaned surfaces. C. Feather all edges of adjacent coating a minimum of ½ in. from the exposed steel with 3M Scotch-Brite Clean’n Strip discs. 3.06 HAZARDOUS WASTE DISPOSAL A. Contract directly with a licensed hazardous waste hauler who is properly licensed in the State of Illinois to haul hazardous material. B. Transport the debris for treatment to a licensed hazardous waste disposal site. C. The Contractor will not be paid any retainage until paperwork has been submitted, including submittal of the hazardous waste manifest. Any original of the hazardous waste manifest shall be returned to the Owner. D. Remove all hazardous waste from the site within thirty (30) days of completion of the blasting portion of the project. E. Payment for disposal of hazardous waste is incidental to the project. 3.07 WASTE DOCUMENTATION A. Supply proper documentation of storage, transportation, and treatment, or disposal of the waste to the Owner. The Owner will retain sufficient funds from the Contractor to pay for hazardous waste transportation, treatment, and any possible fines until all documentation has been received. This retainage will be held, even if the waste has tested non-hazardous. 3.08 TESTING and CLEAN-UP of WASTE A. Daily collect all spent abrasive from the ground tarps and dispose in the required receptacles. Prior to receiving test results, spent abrasive shall be stored on ground tarps. The spent abrasive is to be covered and weighted down so no dust can be released. B. Furnish containers with proper labels for storage of the spent debris. Containers shall meet requirements of the EPA (or their local counterpart) for hazardous waste disposal. The spent abrasive will be moved directly from the tank into the waste containers. The containers will remain until final test results have been received. OAK BROOK – TECHNICAL - 31 Furnishing containers with covers will be incidental to respective repaint, and will not be affected by the Owner’s final selection of respective interior or exterior disposal. C. Waste to remain on-site in covered receptacles until waste test results are received. OAK BROOK – TECHNICAL - 32 SECTION 09 97 13.13.08 WET INTERIOR STEEL COATING – THREE COAT ZINC EPOXY PART 1 – GENERAL 1.01 SECTION INCLUDES A. Painting the wet interior. 1.02 REFERENCES A. SSPC and NACE Standards: 1. PA1 – Paint Application. 2. PA2 – Measurements and Calibration. 3. NACE RP 0178 Surface Finish Requirements. 1.03 WORK INCLUDED A. Application of a three (3) coat zinc epoxy system. B. Application of a polyurethane elastomeric seam sealer. PART 2 – PRODUCTS 2.01 ZINC EPOXY – 3 COAT SYSTEM A. System to meet all National Sanitation Foundation 61 certification standards for potable water contact. B. Approved suppliers and systems: Manufacturer System Tnemec 94H2O/N140/N140(stripe)/N140 Induron Indurazinc MC-67/PE-70/PE-70(stripe)/PE-70 C. Approved seam sealer: Sika Corporation Sika Flex 1a PART 3 – EXECUTION 3.01 ZINC EPOXY – 3 COAT SYSTEM A. Apply a three coat high build epoxy paint system with a zinc primer to all prepared surfaces and appurtenances. B. Abrasive blast cleaning and paint requirements have been previously defined in Section 09 97 13.10. OAK BROOK – TECHNICAL - 33 C. Apply each coat at the following rates: Coat Minimum Maximum DFT (mils) DFT (mils) Primer 2.5 3.5 Intermediate 4.0 6.0 Stripe Coat 1.5 2.5 Topcoat 4.0 6.0 Total 10.5* 15.5* *Total does not include stripe coat. D. Stripe coat to be applied to all welds, angles, and sharp edges throughout the structure, including above the high water line and all roof beams, etc. E. Each full coat to be a different color from the previous coat and is to be approved by the engineer. No color bleedthrough should occur if proper application rates are observed. F. Apply all coats in uniform color and sheen without streaks, laps, runs, sags, cloudy, or missed areas. Correct all defects before application of the successive coat. G. Allow a minimum of twenty-four (24) hours between coats (including stripe coat). Additional time may be necessary if low temperatures require an increase in the necessary cure time. H. MAINTAIN FORCED VENTILATION A MINIMUM OF SEVEN (7) DAYS AFTER TOPCOAT APPLICATION, time required for cure is dependent on the coating manufacturer and temperature. Record variations of the standard procedures (roof hatch closure because of rain, etc.), and submit to the engineer. Heat is required if, in the opinion of the engineer, the integrity of the coating is endangered by cold weather, or if additional cure time will delay the project beyond the substantial completion date. 3.02 SEAM SEALING – ROOF A. Seam seal all roof lap seams on the interior after the topcoat is dry to the touch. Seal using a caulking gun filling all cracks less than 1 in. separation. Tool sealant as required. B. Payment will be on a lump sum basis. C. Payment will be a separate line item “Seam Sealer” which the owner reserves the right to delete. 3.03 SCHEDULE of WORK A. Complete all exterior and interior welding prior to surface preparation. OAK BROOK – TECHNICAL - 34 SECTION 09 97 13.19.03 DRY INTERIOR STEEL COATING – SPOT TWO COAT EPOXY PART 1 – GENERAL 1.01 SECTION INCLUDES A. Partial painting in the dry interior. 1.02 REFERENCES A. SSPC and NACE Standards: 1. PA1 – Paint Application. 2. PA2 – Measurements and Calibration. 3. NACE RP 0178 Surface Finish Requirements. 1.03 WORK INCLUDED A. Application of a spot two (2) coat epoxy system. PART 2 – PRODUCTS 2.01 EPOXY – SPOT 2 COAT SYSTEM A. Two (2) coat epoxy system. B. Approved suppliers and systems: Manufacturer System Tnemec N69(spot)/N69(spot) Induron PE-70(spot)/PE-70(spot) PART 3 – EXECUTION 3.01 EPOXY – SPOT 2 COAT EPOXY A. Apply to all prepared areas a spot two (2) coat epoxy system. B. Surface preparation has been previously defined in Section 09 97 13.10. C. Apply each coat at the following rates: Coat Minimum Maximum D.F.T. (mils) D.F.T. (mils) Primer (spot) 4.0 6.0 Topcoat (spot) 4.0 6.0 Total 8.0 12.0 D. Each coat to be a different color from the previous coat and is to be approved by the engineer. No color bleedthrough should occur if proper application rates are observed. OAK BROOK – TECHNICAL - 35 E. Apply all coats in uniform color and sheen without streaks, laps, runs, sags, cloudy, or missed areas. Correct all defects before application of the successive coat. F. Allow a minimum of twenty-four (24) hours between coats. Additional time may be necessary if low temperatures require an increase in the necessary cure time. 3.02 SCHEDULE of WORK A. Complete all exterior and interior welding prior to surface preparation. OAK BROOK – TECHNICAL - 36 SECTION 09 97 13.24.15 EXTERIOR STEEL COATING – THREE COAT URETHANE OVERCOAT PART 1 – GENERAL 1.01 SECTION INCLUDES A. Painting on the exterior. 1.02 REFERENCES A. SSPC and NACE Standards: 1. PA1 – Paint Application. 2. NACE RP 0178 Surface Finish Requirements. 1.03 WORK INCLUDED A. Application of a three (3) coat urethane system. PART 2 – PRODUCTS 2.01 EPOXY URETHANE - 3 COAT OVERCOAT SYSTEM A. The coating shall be a urethane system. B. The contractor is advised to follow all requirements for safety concerning isocyanates. C. Ultraviolet protection additives mixed at factory only. There will be no tinting or addition of any material other than the manufacturer’s thinners. D. Approved suppliers and systems: Manufacturer System Tnemec 118(spot)/118/1074/1074UV Induron Ebond100(spot)/Ebond100/ I-6600/I-6600 PART 3 – EXECUTION 3.01 EPOXY URETHANE - 3 COAT OVERCOAT SYSTEM A. Apply to all prepared surfaces a three (3) coat urethane system. B. Surface preparation and paint requirements have been previously defined in Section 09 97 13.10. Apply all coatings by brush and roller. Spray application is prohibited. OAK BROOK – TECHNICAL - 37 C. Apply each coat at the following rates: Tnemec Coat Minimum Maximum D.F.T. (mils) D.F.T. (mils) Primer (spot) 6.0 8.0 Intermediate 6.0 8.0 Urethane Intermediate 2.0 3.0 Topcoat 2.0 3.0 Total 16.0 22.0 Induron Coat Minimum Maximum D.F.T. (mils) D.F.T. (mils) Primer (spot) 1.0 2.0 Intermediate 1.0 2.0 Urethane Intermediate 2.0 3.0 Topcoat 2.0 3.0 Total 4.0 10.0 D. Each full coat to be a different color from the previous coat and is to be approved by the engineer. No color bleedthrough should occur if proper application rates are observed. E. Apply all coats in uniform color and sheen without streaks, laps, runs, sags, cloudy, or missed areas. Correct all defects before application of the successive coat. F. Allow a minimum of twenty-four (24) hours between coats. Additional time may be necessary if low temperatures require an increase in the necessary cure time. 3.04 BOWL TOPCOAT - ALTERNATE A. Paint the bowl with a fluorourethane coating. Note that the coating replaces the topcoat listed above. B. Approved Fluorourethane coating system. Manufacturer System Tnemec V700 Induron Perma-Gloss C. Apply logo coating at 2.0 to 3.0 mils. D. Payment is a separate line item “Exterior Bowl – Dark Topcoat Alternate” which the Owner reserves the right to delete. 3.05 BOWL, RISER, AND BASEBELL TOPCOAT - ALTERNATE A. Paint the bowl, riser, and basebell with a fluorourethane coating. Note that the coating replaces the topcoat listed above. OAK BROOK – TECHNICAL - 38 B. Approved Fluorourethane coating system. Manufacturer System Tnemec V700 Induron Perma-Gloss C. Apply logo coating at 2.0 to 3.0 mils. D. Payment is a separate line item “Exterior Bowl, Riser, and Basebell – Dark Topcoat Alternate” which the Owner reserves the right to delete. 3.06 SCHEDULE of WORK A. Complete all exterior and interior welding prior to surface preparation. OAK BROOK – TECHNICAL - 39 SECTION 09 97 23.23.03 CONCRETE FOUNDATION COATING – TWO COAT EPOXY PART 1 – GENERAL 1.01 SECTION INCLUDES A. Painting of the concrete foundation. 1.02 REFERENCES A. SSPC and NACE Standards: 1. PA1 – Paint Application. 2. PA2 – Measurements and Calibration. 1.03 WORK INCLUDED A. Application of a two (2) coat epoxy system. PART 2 – PRODUCTS 2.01 EPOXY – 2 COAT SYSTEM A. Two (2) coat epoxy system. B. Approved suppliers and manufacturers: Manufacturer System Tnemec N69/N69 Induron PE-70/PE-70 PART 3 – EXECUTION 3.01 EPOXY – 2 COAT EPOXY A. Apply to all prepared areas a two (2) coat epoxy system. B. Remove dirt 3” below grade around the entire foundation prior to coating, backfill once topcoat is dry to the touch. C. Foundations to be water cleaned at 3,500 to 5,000 psi to remove all contaminants. D. Apply each coat at the following rates: Coat Min. D.F.T. (mils) Max. D.F.T. (mils) Primer 3.5 5.5 Topcoat 3.5 5.5 Total 7.0 10.0 E. Allow the manufacturer’s minimum time between coatings. F. Cost is incidental to exterior painting. OAK BROOK – TECHNICAL - 40 SECTION 13 32 12 MIXING SYSTEM - GRIDBEE PART 1 – GENERAL 1.01 EQUIPMENT OVERVIEW A. These specifications provide the requirements to furnish, install, and place into operation a potable water storage tank mixer and associated equipment. 1.02 REFERENCES A. Occupational Safety and Health Administration, OSHA B. Department of Transportation, DOT C. Underwriters Laboratories Inc., UL 508 D. NSF/ANSI Standard 61 1.03 QUALITY ASSURANCE A. Continuous Operation Equipment. The circulation equipment shall operate continuously, all day and all night, using 120 VAC as the power source. B. No Visual Defects. The mixer shall have no visual defects, and shall have high quality welds, assembly, and corrosion resistant finish. C. Qualified US Manufacturer. The manufacturer of the equipment shall have extensive experience in the production of such equipment, and the equipment shall be manufactured in the continental United States. D. Warranty. The mixer shall be warranted to be free of defects in materials and workmanship for a period of 5 years. This equipment warranty would run directly from the manufacturer of the equipment to the owner. The equipment warranty would not be part of the contract or any required bond. 1.04 SUBMITTALS A. The awarded Bidder shall provide a digital copy and three (3) hard copies of the following documents. Upon acceptance of these documents by the Engineer, the Bidder will be issued a Notice to Proceed, and may then proceed to install the equipment. 1. Manufacture Qualification Document 2. List of Supplied Equipment 3. Manufacturer Product Sheets 4. Electric Power Source Requirements 5. NSF/ANSI Standard 61 Documentation 6. Warranty Statement 7. Operation Manuals 1.05 FIELD SERVICES A. Installation personnel shall have received job-specific safety training which is to include: working over water, disinfecting procedures, confined space entry, and fall protection. OAK BROOK – TECHNICAL - 41 PART 2 – PRODUCT SPECIFICATIONS 2.01 MANUFACTURER A. Specified Equipment. The circulation equipment shall be manufactured by Medora Corporation. of Dickinson, ND, or be a pre-approved alternative. 2.02 PERFORMANCE AND FEATURES A. Complete Water Circulation Required. To meet the project objectives, the tank or reservoir circulation shall be achieved by a single or multiple submerged units within the reservoir capable of providing long distance circulation of water. The mixer shall have a direct measurable flow rate where suction shall enter specified mixer’s intake positioned within 2 inches of reservoir floor and discharging water vertically in a sheet flow pattern to induce a large volume, low velocity flow to reach the tank or reservoir water surface. The mixer must be placement flexible in design to allow best hydraulic positioning for tank or reservoir conditions to prevent hydraulic short circuiting within tank or reservoir. Suction not within 2 inches of tank or reservoir floor is not allowed. B. Unit required to meet the project objectives including number of machines required. Quantity Model Tank or Reservoir 1 GridBee GS-9 120V 250,000 Gallon with approx. 91’ LWL C. Complete Mix: The mixer manufacturer guarantees that the subject tank will be completely mixed by the mixer. In continuous operation of the mixer: (1) at least once per 24 hours all water temperatures within the tank shall converge to within 0.8 degrees C, and (2) at least once per 72 hours all chlorine concentrations within the tank shall converge to within 0.18 mg/l. D. Fit Through Small Hatch Opening. The mixer shall be capable of fitting through a clear, unobstructed opening of 12” diameter without requiring disassembly or assembly. E. Continuous Operation With 120VAC, 20 Amp Power Source. The mixer shall operate continuously during day and night while connected to electric grid power. F. Stainless Steel Construction. The mixer shall be constructed primarily of Type 316 stainless steel metal for strength and superior corrosion resistance. G. Motor. The mixer shall be mechanically operated by a submersible motor that meets the following criteria. 1. Direct Drive, with no gearbox and no lubrication maintenance required. OAK BROOK – TECHNICAL - 42 2. Designed for submersible operation. Mixer design shall include flow sleeve or housing around motor to provide water flow past motor per submersible motor design criteria to lower the total motor temperature and increase winding life. 3. Designed for Continuous Operation without overheating or compromising motor life expectancy. Constant, full speed operation, variable frequency drive or other method of speed reduction not required and not allowed. 4. 120 VAC, 20 Amp power source shall be supplied by others and not the mixer manufacturer. H. SCADA and Controls. The mixer shall have the option to add an Electric Control Box including a motor current indicator in a 4-20mA analog output and remote on/off control via 24VDC relay. I. Electrical Control Box. The mixer equipment shall be supplied with a Control Box capable of disconnecting 120 VAC outgoing power to the mixer equipment and meeting the following criteria: 1. NEMA 4 enclosure shall be provided with protection against condensation and moisture in a marine environment. 2. Control Box shall be UL 508 Listed for sound electrical design and safety. 3. Control Box shall include exterior mounted HOA switch, definite purpose contactor for mixer control, exterior mounted run indicator light, grounding lug, 120 VAC standard three-prong male molded plug, and locking latch for security. 4. Control Box shall include a 4-20 mAmp current transducer providing analog output for motor current allowing for monitoring proper operation. Control Box shall include a 24 VDC relay to allow for remote on and off control of the mixer. Integration of 4-20 mAmp output and remote on/off relay into site PLC/RTU shall be provided by the electrician (not by mixer manufacturer). 5. Control Box requires a 120 VAC power source, Minimum 20 Amp rated service located near the final placement of the Control Box. SCADA and control functions of the Control Box require 24 VDC incoming power for automatic operation and 4-20 mAmp current transducer. The 120 VAC and 24 VDC power source shall be supplied by the electrician (not by mixer manufacturer). J. Low Elevation Intake: The circulation equipment shall be supplied with an intake capable of being positioned at the lowest elevation of the tank or reservoir floor. The intake level shall bring water into the circulation equipment at horizontal layer within 6 inches (15 cm) of the tank or reservoir floor. K. The circulation equipment shall be NSF/ANSI Standard 61 and NSF/ANSI Standard 372 listed for safe contact with potable water. The mixer shall be NSF/ANSI Standard 61 listed to be safely in contact with a potable water volume as low as 5,000 gallons. L. Maintenance Requirements. The circulation equipment shall operate normally with the following maintenance features. 1. No scheduled lubrication is required of any system components including motor. 2. No spare parts shall be required to be kept on hand. M. Equipment Support. The mixer manufacturer shall offer factory support with the following staff and support services. 1. Customer Service, Application Engineering, and Equipment Engineering staff available by email or toll-free phone. OAK BROOK – TECHNICAL - 43 2. Public website with detailed information available describing the mixer for this project and related applications of this equipment into potable water tanks and reservoirs. 3. Service plans for preventative maintenance and continued technology improvements for the specified mixer. PART 3 – EXECUTION 3.01 INSTALLATION A. The circulation equipment manufacturer shall have the capability to provide Installation, Startup, and On-Site Water Testing Services to insure (a) proper machine spatial placement in the reservoir, and (b) proper intake depth setting. B. Contractor to provide conduit and electric service from the base of the tank (at the electric panel) up to the roof or utilize the existing conduit if available. All conduit to be galvanized and continuous from ground to roof with no openings. C. Contractor to supply coupling and junction box on the roof with watertight seal for electric line and connection point next to the roof hatch for retrieval chain and electric line. D. The device is to be installed per manufacturer’s recommendations with a weather tight seal on the roof. E. Mixer to be installed above the bowl bottom (approximately 4 to 12 inches) using the manufacturers suspension kit. 3.02 MOUNTING PANEL A. Locate metal, waterproof cabinet in the base of the tank at a location approved by the owner. B. Mount all controls on the existing electrical panel if room is available or install new brackets welded to the basebell wall on a 1/8” bent plate welded to the riser wall in the dry interior. Weld using ⅛” full fillet welds. C. Bolt the control panels using stainless steel or galvanized steel bolts. D. Repair the coating per section 09 97 13 and 09 97 13.10. 3.03 ELECTRICAL SUPPLY A. There is a 120 volt power available in the basebell. B. Coordinate with owner and connect electrical source to the mixer controls. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 4/6/2021 Assurance,a Marsh &McLennan Agency LLC company 20 N Martingale Road Suite 100 Schaumburg IL 60173 Ashley Savage (847)797-5714 (847)440-9123 asavage@assuranceagency.com Old Republic General Insurance 24139 American Guarantee &Liability 26247Era-Valdivia Contractors,Inc. 11909 South Avenue "O" Chicago IL 60617 1554446275 A X 2,000,000 X 100,000 5,000 2,000,000 4,000,000 X X A5CG37781814 4/1/2021 4/1/2022 4,000,000 A 1,000,000 X X X A5CA37781814 4/1/2021 4/1/2022 B X X 10,000,000AUC0276248044/1/2021 4/1/2022 10,000,000 X 0 A X N A5CW37781814 4/1/2021 4/1/2022 1,000,000 1,000,000 1,000,000 RE:Contract No 13-22-24-03 &04-20 It is agreed that the following are added as Additional Insureds,when required by written contract,on the General Liability on a primary and non-contributory basis with respect to operations performed by the Named Insured in connection with this project. -Village of Oak Brook -Owner -Dixon Engineering See Attached... Village of Oak Brook Oakbrook IL ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: 1 1 Assurance,a Marsh &McLennan Agency LLC company Era-Valdivia Contractors,Inc. 11909 South Avenue "O" Chicago IL 60617 25 CERTIFICATE OF LIABILITY INSURANCE A Waiver of Subrogation in favor of the Additional Insureds applies to the Worker’s Compensation,General Liability and Automobile policies,when required by written contract and where allowed by law. Umbrella Follows Form Name of Person or Organization: THE OWNER AND CONTRACTOR, IF REQUIRED BY THE TERMS OF A WRITTEN CONTRACT THAT WAS FULLY EXECUTED PRIOR TO THE DATE OF THE “OCCURRENCE”, AND ANY OTHER PERSONS OR ENTITIES SPECIFICALLY REQUIRED BY, AND IDENTIFIED BY NAME IN, THAT SAME CONTRACT. OLD REPUBLIC GENERAL INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A.Section II – Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B.With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1)All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2)That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Named Insured ERA VALDIVIA CONTRACTORS, INC. Producer’s Name: ASSURANCE AGENCY, LTD Producer Number: 00C01 AUTHORIZED REPRESENTATIVE DATE CG EN GN 0079 06 08 Policy Number A-5CG-377818-14 Endorsement No. 000 Policy Period 04/01/2021 to 04/01/2022 Endorsement Effective Date: 04/01/2021 Name of Person or Organization: THE OWNER AND CONTRACTOR, IF REQUIRED BY THE TERMS OF A WRITTEN CONTRACT THAT WAS FULLY EXECUTED PRIOR TO THE DATE OF THE “OCCURRENCE”, AND ANY OTHER PERSONS OR ENTITIES SPECIFICALLY REQURED BY, AND IDENTIFIED BY NAME IN, THAT SAME CONTRACT. OLD REPUBLIC GENERAL INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READY IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II – Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products- completed operations hazard". Named Insured ERA VALDIVIA CONTRACTORS, INC. Producer’s Name: ASSURANCE AGENCY, LTD Producer Number: 00C01 AUTHORIZED REPRESENTATIVE DATE CG EN GN 0080 06 08 Location And Description of Completed Operations: LOCATIONS AS REQUIRED BY AN EXECUTED WRITTEN CONTRACT. Policy Number A-5CG-377818-14 Endorsement No. 000 Policy Period 04/01/2021 to 04/01/2022 Endorsement Effective Date: 04/01/2021 Insured: Era-Valdivia Contractors, Inc. Effective : 4/1/20 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations THE OWNER AND CONTRACTOR, IF REQUIRED BY THE LOCATIONS AS REQUIRED BY AN EXECUTED WRITTEN TERMS OF A WRITTEN CONTRACT WAS FULLY EXECUTED CONTRACT PRIOR TO THE DATE OF THE "OCCURRENCE", AND ANY OTHER PERSONS OR ENTITIES SPECIFICALLY REQUIRED BY, AND IDENTIFIED BY NAME IN, THAT SAME CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 04/01/21 A5CG37781814 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations THE OWNER AND CONTRACTOR, IF REQUIRED BY THE TERMS LOCATIONS AS REQUIRED BY AN EXECUTED WRITTEN OF A WRITTEN CONTRACT THAT WAS FULLY EXECUTED PRIOR CONTRACT TO THE DATE OF THE "OCCURRENCE", AND ANY OTHER PERSONS OR ENTITIES SPECIFICALLY REQUIRED BY, AND IDENTIFIED BY NAME IN, THAT SAME CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG20370413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: A5CG37781 COMMERCIAL GENERAL LIABILITY CG20370413 A5CG37781814 OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT. Location(s) of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The insurance provided by this endorsement is prim insurance and we will not seek contribution from any other insurance of a like kind available to the p son or organization shown in the schedule above unless the other insurance is provided by a contra or other than the person or organization shown in the schedule above for the same operation and j I ation. If so, we will share with that other insurance by the method described in paragraph 4.c. of Sec · n IV -- Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured ERA VALDIVIA CONTRACTORS, INC. Policy Number Endorsement No. 000 Policy Period Endorsement Effective Date: Producer's Name: ASSURANCE AGENCY, LTD Producer Number: OOCOl AUTHORIZED REPRESENTATIVE CG EN GN 0029 09 06 DATE A5CG37781814 04/01/2021- 04/01/2022 04/01/2021 04/01/2021 Policy 4/1/20 4 4/01/21 04/01/21 A5CW37781814