Loading...
HomeMy WebLinkAbout20091210UWI to Staff 157-159, 168.pdfMcDevitt & Miller LLP \it:n RE.C€'\ v \,v ?\' 2t 4S (208) 343-7500 (208) 336-6912 (Fax) Vïa Hand Delivery Jean Jewell, Secretar Idaho Public Utities Commssion 472 W. Washigton St. Boise, Idao 83720 Lawyers 420 W. Bannock Str~~ßt.c. \ Û P.O. Box 2564-831i~ Boise, Idaho 83702 December 10, 2009 Re: Case No. UW-W-09-01 General Rate Case Filng Dear Ms. Jewell: Enclosed for fig, please fid thee (3) copies of United Water Idaho's First Response to Commssion Staffs Seventh Production Request Nos. 157, 158, 159, and 168. Kidly retu a fie stamped copy to me. DJM/hh Encl. Very Truy Yours, McDevitt & Mier ll Chas. F. McDevitt Dean J. (Joe) Miler ORIGINAL Dean J. Miler (ISB No. 1968) McDEVITT & MILLER LLP 420 West Banock Street P.O. Box 2564-83701 Boise, Idaho 83702 Tel: 208-343-7500 Fax: 208-336-6912 ioe(imcdevitt-miler.com RECE '" 1.: 45 lß~~ ute. \ O? . Attorneys for United Water Idaho Inc. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF ) UNITED WATER IDAHO INC., FOR ) AUTHORITY TO INCREASE ITS RATES AND ~ CHARGES FOR WATER SERVICE IN THE )STATE OF IDAHO ) ) CASE NO. UWI-W-09-01 UNITED WATER IDAHO INC'S FIRST RESPONSE TO COMMISSION STAFF'S SEVENTH PRODUCTION REQUESTS United Water Idaho Inc, ("United Water") by and through its undersigned attorneys, hereby submits its First Response to the Commission Staffs Seventh Production Request Nos. 157, 158, 159, and 168. DATED this ~day of December, 2009. UNITED WATER IDAHO INC. BY~W1 Dean J. Miler McDevitt & Miler LLP 420 West Banock Boise, Idaho 83702 P: 208.343.7500 F: 208.336.6912 Attorney for United Water UNITED WATER IDAHO INC'S FIRST RESPONSE TO COMMISSION STAFF'S SEVENTH PRODUCTION REQUESTS- i CERTIFICATE OF SERVICE I hereby certify that on the ~ay of December, 2009, I caused to be served, via the methodes) indicated below, true and correct copies of the foregoing document, upon: Jean Jewell, Secretar Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise,ID 83720-0074 i jewell(ipuc.state.id. us Hand Delivered U.S. Mail Fax Fed. Express Email Brad M. Purdy Attorney at Law 2019 N. 17th Street Boise, ID 83702 bmpurdy(ihotmail.com Hand Delivered U.S. Mail Fax Fed. Express Email SL ~I.Ù ~I. ~I. ~I.~ ~I. ~I. ~I. BY: McDEVITT & MILLER LLP UNITED WATER IDAHO INC'S FIRST RESPONSE TO COMMISSION STAFF'S SEVENTH PRODUCTION REQUESTS- 2 UNITED WATER IDAHO INC. CASE UWI-W-09-01 SEVENTH PRODUCTION REQUEST OF THE COMMISSION STAFF Preparer/Sponsoring Witness: Gregory P. Wyatt REQUEST NO. 157: Please explain how the United Water Idaho facilities shown in the EnerNOC-Idaho Power Demand Response Program Sales and Services Agreement were selected for the program. RESPONSE NO. 157: Using the United Water Idaho staff knowledge of production and distribution system capabilities, the United Water Idaho facilities selected for the ENERNOC program were based on location, size and relative impact on customers. The 10cation of the selected facilities was optimal for preventing sudden changes in the supply of pressure or volume to the distribution system during a potential curailment period. This was due to the proximity oflarge, on-line, gravity reservoir storage. The size of the electrical power demand at a selected facility had to be large enough to be viable, meaning facilities that have large horsepower (::250 HP) motors. The size ofthe electrical power demand at each facility selected is important because EnerNOC had to install expensive electrcal demand monitoring equipment at each facility enrolled in the program. EnerNOC's program focused on larger facilities in order to meet their contracted demand response curtailment levels, and at the same time keep their front-end costs under control. EnerNOC was unwiling to contract for facilities that they considered to be too small in electrical demand. The ability to curtail use of the selected facilities without impacting service to customers was of primary importance. Pressure, service and water quality to customers had to remain unaffected by a potential curtailment. The facilities selected had no direct pressure contribution to the distribution system that was not mitigated by the aforementioned reservoir storage. UNITED WATER IDAHO INC. CASE..UWI"W-09"Ol SEVENTH PRODUCTION REQUEST OFTHCOMMISStON STAFF PreparerlSponsoring Witness: Gregory P. Wyatt REQUEST NO. 158: How many other United Water Idaho facilties might be eligible for.the Enet'NOC-Idaho Power Demand Response Program? . Please inCludean éxplanationof why these facilties. Were not erolled iii theprograi"thenunber of eligible facilities expected to beenrolled.over the next thee years, and the estmated monthlycapacity nomination of each eligible facilty. RESPONSE NO. 158: United Water Idaho staffreviewéd system operations, customeriieeds and the ability for the system to absorb additional curiments durgpeaksumer demands; Due to. anticipated system pressure and supply denandsdurigcurailmertperods,noadditionalfacilities were deemed to be eligible for the progr. On Tuesday, DecemberS, 2009 the Cornpany leared that EnerN()Credtlced tnenumberøfthe Coinpany's facilitiesenrolle4inthe Deand Response Prograuiandthat tliey.revìs~dthe Company's enrolled monthly capacity nomination do~war to 1,548 kWfor 2009 and the remning . year ofthe Program. This Dew lower nomination capacity fonnsthe båSisfor all ...paYlents by EnerNOCto theCompanyuider the Program. UNITED WATER IDAHO INC. CASE UWI- W..09-0i SEVENTH PRODUCTION REQUEST OF THE COMMISSION STAFF Preparer/Sponsoring Witness: Gregory P. Wyatt REQUEST NO. 15': In response to PrOduction Request No. 83, the Company ilustrates how the benefit of the EnerNOC Demand Response Program was estimated to determine the Total Pro Forma Purhased Power Expense. Why were the "Energy Payments" shown in section 3, par d of the agreement Or the "True-Up Payment" shown in section 3, par e of the agreement not included. as a benefit ofthê program? RESPONSE NO. 159: At the time that the curent rate filing was being prepared for submission to the Commission the "EnergyPayment'~and "True-up Payment" vaIues were not mown an measurable. Theonly known value was in the nominated capacity and payments associated with this capacity.. That value was il1cludedin the fiihg. On Tuesd.ay, Deceml1~r 8, 2009 the Company leared that EnerNOC reduced the number ofthe Company' i;facilitiesenrolled. in the Demand ResponseProgram and that they revised the Company's enrlled. monthly capacity nOmination downward to 1,548 kW for 2009 and the remaining years ofthe Program. Ths new lower nomination capacity forms the basis for alJ payments by E:rerNOC to the Company under the Program. To date the CompanY has received only one payment from EnerNOC .in the amount of $ 174, which represents the Company's nominated. capacity payment for June 2009, based øn the revised 1,548 kW leveL. Based On this new.level of nominated capacity theCompany can expect a total of $ 1 8,23 1 anually for the three months of the Program ($6,077 per month) incapacity payments. . UNITED WATER IDAHO INC. CASE UWI.. W-09..0i SEVENTH PRODUCTION REQUEST OF THE COMMISSION STAFF PreparerlSponsoring Witness: Gregory P. Wyatt REQUEST NO. 168: Please provide all documentation. supporting the need for the tan painting costs proposed for recovery from customers within the case for theUstick Reseroir, Steelhead Reservoir, Crestline Reservoir, and Hilcrest Reservoir. Plèase illClude withìn your n~sponse all estimates and actual costs associated with each project and the need for thes~ propnsed activities to Occur within the test year, fall 2()09 and early2010 as identified in WP i 1.1.14.i..TanPaipting. Include within your responSe the date these activities were performed and/orthe most curent date Planed for theseactivitìes. RESPONSE NO. 168: United Water Iqanø conducts routine preventive maintenance, cleanng and video inspection on all storagetaisatapproximately five-year intervals as recommended by t1)e American Wåter Works Association. Based on the results of these inspections the Company schedules tan maintenance and painting projects as paint coating failures are identified. The Còmpany's historical tan painting company, Western States Sandblasting, based in the Boise area, ceased operations in late 2007 due to $e ¡jeath of its oWh.er. This caused United Water Idaho to defer its planed 2008 tan paintings untì11ater in 2009 after it found regional contractors wiling to hid and travel to Boise to perform the work at reasonablecost. Ustick Reservoir was cleaned and inspeted in 2006 by a diving contractor. The contractor took video images of the fmdings and provided a written reprt. They found severe oxidation of the steel, paricularly in the roof members and sheeting. The tan was painted in 2007 due to concerns about fuher damage tothe steel. The project cost came in at $74,183. Copies of all invoices for this work are attached. Crestline Reservoir was cleaned and inspected in early 2006 by a diving contractor. The contractor took video images ofthe findings and provided a written report. They found oxidation of the steel in the sheeting, ladders and hatches. The painting of this tan was deferred unti12009 due to the demise of West em States Sandblasting. The tan painting is being performed to prevent further deterioration. The cost to paint the tan is estimated at $56,485 as detailed in the attached Competitive Bid Results Form. Also attached is the Agreement for the / work dated October 6, 2009 confirming the bid price. The project iscurently in progress and wil be complete by year-end 2009. One invoice in the amount of $45,359. 12 has been received to date and is attached. Additional insurance for the job was required at a cost of $2,995.37 as shown on the invoice bringing the job total to $59,480.37. Steelhead Reservoir was cleanedard inspected in early 2009 by a diving contractor. The contractor took video images of the findings and provided a written report. They found severe oxidation of the steel, parcularly in the roof members and sheeting. The cost to paint this tan is.estimatedat $132,980 as detailed in the attached Competitive Bid Results Form. Also attached is the Agreeent for the work dated October 6,2009 confirming the bid prite. . The project is curently in progress and shoiildbecomplete by year-end 2009. No invoices have been received to date. Hilcrest Reservoir Was cleaned and inspected in 2007 by a diving contractor. The contractor took videoitnages of thefindiligsandprovided a wrtten reprt. They found oxidation of the steel in the sheeting, ladders and hatches and on the exterior. The painting of this tan was also deferredünti12009 due to the demise of Wester States Sandblasting. The tan painting is scheduled to prevent fuher deterioration.. The cost to paint thistan is estimated at $140,000 as 4ettledin the attached Competitive Bid Restilts Form. Also. attached is the Agteementfor the work. dated Oc.tober6, 2009 confirming the bid price. The project is anticipated to begìn later in December 2009. No invoices have yet been received for this work. The above referenced diving contractor videos andreportsare availa.ble for auditor review at the Company business office durng normal business hour. ,~ United Water Supply Chain Management V,fI7C ¡¿ "'3/29/2007 ... Competitive Bid Results Form (Procurement worth $10,000 and above) Business Unit (contact information)United Water Idaho Bob Lawrence 8248 W. Victory Rd.Boise, Idaho 83709 (208J362-7370 Description of goods or services for bid (detail or attach) Ustick Reservoir oreb and paint interior rof on a 103' X 32' steel tank. .General bid specifications (detail or attch) see attached Bid Results Summary (detail or attach; indicate all vendors sollcited, even if no bid received) .Vendor A VendorB VendorC Vendor 0 Total Bid Amount 68,750 78,248 - Line item # 1 (Interior Prep & Paint)-. Line item # 2 (Exterior Prep and Paint) Line item # 3 , Other commêrcial terms Pavmentschedule (constructin orojects) Ifåyment terms (ex: 2% 10, net 30) Price escalation mechanisms (if any) Sid validity oeriod (ex; 60 days) insurance (for servicés) Wårrntv oeriod (if 8oolicable) MateralAabor oayment bond (if any) Performance bond (if any) Other seteetlon criteria GOOs or servces qualit Long History. Delivery scheduie failed to submit Contrct terms MWBE certificatini. Recommended selection (If other than low bidder, please substantiate) Bid list (detail or attch) Vendor A name & address:Western States Sandblasting 976 Camelot Dr Boise,1083714 Vendor B name & address:MathesonPainting 615 S. OreQon Ave. Pasco, Wa.99301 Vendor C name & address:National Coatings Inc 4479 Henry St.83709 Vendor 0 name & address: Contract Form - Wherever possible, efort should be made to use a standard company agreement template In lieu of a Purchase Order to better protect the Interests of United Water. Contact the Supply Chain Management team to obtain the appropriate document. Ap~ 22 07 03: 46p Western St8tes ~ , 208 323-6154 p.1 lI WESTERN STATES SANDBLASTING TO: u.".'-~ llCl\~v DATE: l.1 L ~ i t 01 ATTN: ~~ LcLUJ\l\Ac.c. NUMBER OF PAGES: \ FROM: \ò~ FAX NUMBER: .'iCc~"' l'lJq SUBJECT: LA lt\-"~~ -k~k MESSAGE: ~ If 'fO\o ~ "1'"" ~ \0 IM! \l l", ~.. ~ : \ \.'''.5 ~~ ~~M\, . 0.. \'v, c." ~ ip~ t, t.1- \p~\ ...(7((7 ...... ......~.,...... /~~,? .. .... ........DA... ..rlt(~ l\ t:~ '- c.\nCJ~,.. '" ~ g~ \ct.\~~. ~vi~~~( \c~ \ ~~ 4 del "' M .."* i:4i Q ea¿e ri¿t- &9£ J e. Ac i i q Sub Act I Erlp '? 0 PrjlOl1st(c:k ft:5 AetivID . Rcl Type CtLl:*;. Res Cal P. k1 t Do~ Wi =~ ~~;."l1t Approva. "_ _# Amounl_ --D I e. ¡ ¡ hg¡¡¡¡; A. Boise, Idaho L . (208) 850-7468 . FAX (208) 323.6154 Cfìlo Ca'le/~l. ~ Ó) Ð \.( y'Mar 25 07 07: 39p Western States 208 323-6154 p.1 '.., ..ll ß WESTERN STATES SANDBLASTING U~~ W~~ DATE: ~/~ 't( 0'1TO: ATTN: ~ Ô~ ~ vi"'c.e.~,~~ LA~~~ l/~SUBJECT: NUMBER OF PAGES: FAX NUMBER: 2!Øi - I ': ì'ì ~'ALt,. FROM: MESSAGE: ~ ..~~ . :i\~ ~'o~~~ .t~~OÙl) ~'" ~_ 'f _~,-k 1:CIk,.. 4~ù AV ( ~,,~\Ài- ~ ... . .., t~;;a1:t CD'Nf ~().s .t~ -\~ T'a14, )~ BuUa. oóéO Cate~lJ s- fh! CoM:. . Jt.... . Sa"" t R'øioO ~"'~~tt aj..mRes 1Ype - j . Res Cat ~'AS ~i()..m !~~ ~ur4 Xpji' rt AmoUnt ,;2 5, ò () 0 lJ 'W':~,~"",:',~""~"",,~~=,,,,,~,Zt:Z, H%,~ -+/1 Çi£ ,w'-:~;;¡-..#J asp !listil 55 R izr It L p.. (208) 850.7468 · FAX (208) 323-6154 '1?~ CCl'l~O.r 0- ~~~t! rs~70'i . .)un .11 07 09: 51a Western States. .208 323-6154 p. 1 WESTERN STATES SANDBLASTING TO: UV\~-\c4 W~L,". DATE:!r 1 ) i (~ì t~J ATT: 'SOx, LC\ W""C:Y\'C FROM: lJ~ ~~\(.- SUBJECT: ll\~~ -kV\t( NUMBER OF PAGES: I FAX NUMBER: ~ '? - i 'i ì q MESSAGE: )... 'Q\I\o - "lÌi ~"" \0 ,¡i \. """.l ~ .3 ...~ \\o~\\:V'~ ~¿:'¡\~ini,. ~ .rll- ~"'~ l.ll"~ 0.'" ': ei \."' ~\ 0 "" i l \ ~ CL c. C Q,J \ ' 'ßa64.Y~~=- luUo ~~D ~5Csr;1n€k Co.. ~ So Ad fiH:. ;$12 ""~~~ Rend"W Res TYpe C!'1'lC l\e~ C5i t'la n t IJpt iD JQ () ..u__.Li ...:; J.ZQ 00 AppIOSi ,RIA .. ',"I iei 750 - VI Z 7'/7 Ri .ri~ 1N1ÛÕÃn;¿/¿i) 7 i F,'V\0J bill pe'\ ~+r~c.J #.;S,D1)Ù - 3/i.c¡/o74'1 ~51 OD'D _ Lf/:J 1/0'/ SI¡g,750 - ~JI'/07 976 Ca Dre · Boise, Idah 83704 . (20) 8507468 . FAX (20) 323-154$' (O~i 750 'òt~- I''. I AGREMT FOR PAINTING OF THE INTERIOR AN EXTERIOR OF THE 3 MG WATER STORAGE TAN (114'0 X 40' H) STEELH RESERVIR LOTE AT 429 STEELHE WAY BOISE, IDAHO AN PAINTING THE INTERIOR AN EXTERIOROF THE 300,000 GALON WATER STROAGE TAN (51' 0 X 20' H) CRSTLIN RESERVIR LOTED AT 845 CRSTLIN DR. BOISE, IDAHO BETWEN UNITED WATE IDAHO INC. 8248 W. VICTORY ROAD BOISE, IDAHO 83709-4165 AN JANLCO2807 S.MA-O-WA LA VERAAL, WA. 99037 i \ r I . I THIS AGREEMENT, made this Slh day of October, 200, betwen UNITED WATER IDAHO INC., a corpration of th State of Idaho with its principal offce at 8248 West Victory Rd., Boise, Idaho, hereinafer called the "Company", and J AND L CO., having a principal offce at 2807 S. Man-Q-War Lane Veradale, Wa. 9937, hereinafer called the "Contractor" , WHEREAS, the Contractor has agree to make his seices, equipment and operators available to the Company fo these purpses, NOW, THEREFORE,. in codeon of the mutual covens herein containe, the Company and the Contactor agree as follo: 1. WORK All the labor, materials and equipment required for repainting the interior roof surfaces and exterior surfaces of the 3,000,000 gallon (' 1140 X 4Q'H) Steelhead Reservoir. Then, all the labor, materials and equipment required for repainting the interior and exterior surfaces of the 300,000 gallon(51, diameter X 20'H) Crestline Reservoir complete in every detail as described in Schedule A. ~ All work related to the repair of pitted steel surfaces wil be paid under Item 4 (Change of Work). 2. CONTRACT SUM I PAYMENT TERMS The Company shall pay the Cöntractor for the Wörk as outlined above, inclusive of all sales and use taxes, as the same may be adjusted by Change Order, payable in accrdance with the following terms or conditions: 2 ¡ ,i , I (a)The Contractor hereby certifies that he has carefully examined the Specifications annexed hereto, and has examined the site of the work, understands each and every item pertaining thereto and declares that he wil enter into a contract with United Water Idaho to provide aU the. necessary labor, materials and equipment, and to complete the work pursuant thereto. (b)TheContractor agrees to receive as full compensation for furnishing all materials, experienced supervision, labor, toois, power, plant and equipment required for the specified Work, complete and finished in every detail, in full aCCrdance with the Specificati()ns and direction. of the Company Engineer, the following sums: STEELI1EAD TANK INTERIOR: Ceiling (as. per spes) STEELHEAD TANK EXTERIOR: Complete (power wash and two coats of Tnemec) .1132,980 (one hundred thirt-two thousand, nine hundred eighty dollars) CRESTLINE TANK INTERIOR Complete (as per specs) CRESTLINE TANK EXTERIR: Complete (power wash and two coats of Tnemec) $58.485 (fifl-six thousand, four hundred eighty-five dollars) (c)Ninety. (90%) Pèrcntof th value of the Work copleted (removal of existingcoing,then application of new finish) as. certifed by the Company "Proress Payments"; (d)Ten (10%) Pe.ct ih va á fh Wa em pl ct eæ ma shl be wi 'Re ia a- Sl to fh rr á 1h Ag ie sh be i&l. 001 ipl áb to Waades in thAg (c) The Company may decine to make payment of or may incease Retainage to such extent as may be neæssary in its opinion to ensure the satisfory completion of the Work by the Contractor. Company shall pay Contractots invoices on a 2%10, Net 30 day's basis. 3 \ i \ l I 3.WORKMANSHIP AND SAFE WORK SITE All. Work under this Contact shall be perm in a sae, skillfl and workan like maner and allWQrk shall be coduced in copliance with OSHA reglations, and with the regulations of any other agency haing junsdicton over saety and health. The Contractor agrees to maintain all reasonable saeguards at th work sitE! and to protect both employees and the public from injury or damage. ThèCompany may require thE! Contctor to remvefromthe Work site any of th Contractors employees the Company dees incmpetent or otherwise objecionable, which deterination shall be within th sole discretion of the Company. The Contor hereby agrees to coply with all of the terms and conditions of the Company's Contor Rules for Perance and Conduct annexed hereto and made a.part her as. SCheule B. 4. CHANØES IN THE WORK (a) Withut inalidating this Ageeme the Compay reserves the righ to order any extra seriêe or to make any changes Within the scpe of this Agreement, and to increase or diminish the amount of work to be done with reard to the wo to be performed. All changes, including insurance requirements and incease pnce of paint .shall be authorized by wrttèn Cha Order sign by the Company. (b) If the amount of work to. be done is increase, the Contractor wil be paid, for the work authorized by Change Order, the actual direc co of completing Changø. Order work plus an allownce of fifteen (15%) pece of co for profit and overead. (c) Cost wil be limited to the following: cost of matenals, including sales tax, if any is required, and. cost of delivery; rental and usage charges for equipment, and cost of labor including all statutory and customary payroll costs. 5. CONDITION OF SITE 4 .. t, ,I Contractor is fully familar with the condition of the work area as of the date hereo and accpts the same in its"as is" condition. 6. PROTECTION OF ADJACENT PROPERTIES The Contractor shall take reasonable precutions to eliminate any distrbance to properties adjacent to the tank wo area. The Contracor, wi expnse to the Ower, shall perfor all necssry cleanupsand make all necssary repirs to damage to aU. adjacent properties, cause by the Conactor during the performance of the coacted wo Areas afed shall be restored to as goo a condition as beore the damage ocrred. 7. COMPLIACE WITH LAWS The Contractor agrees to compiy with all federal, state and municipal law, rules, regulations and ordinances that may be applicable to this Contract and the Work coemplated hereby. 8. SAFETY PRECAUTIONI The Contractor shall conduc all work in. conformity with current saety regulations promulgated pursant to the Federal Occpaionai Safety and Health Ac, and in accrdance with. the Manual of Accden Prevention in Constrction published by th Assocated General Contractors of Amerca and the publications of the National Safety Council and the American Water Works Assoation Standard for Painting Steel Water Storage Tanks, AWWA 0102-78 and as speifed herein. Additionally, all work shall coform to the requirements of any other applicable Feeeral, State or Locl law, regulations or ordinances. 5 .. l All equipment to be use by the Conor in the perfrmance of the work shall conførm to the herein-mentioned safety cos and shall be inspeced by the Contractor for compliance with these coes on a regular basis. All employees of the Contror shall be instructed as to the proper and sae use of all equipment to be used in the pe0rmance of the wo Suc equipm shall incude, but not be limited to, scaolding, ventilation equipment, respiraors, saet belts, spray equipment, comprssors, and sand blasting equipment and utilty trus. Proper ventilation of the interior of the tank shall be provided at all times to keep solvent. vapors belo explosive concentrtions. The flow of ventilatin air should be direced to avoid buildup of concntrated solvent vapo. Duringcoatingapplieaion the total capacitCJventilating fans shall be at lea 1,00 cl per gal ofêöating appliêdper hour or 10,00 cf whichver. is greer. Continue fôr ventilation until the coating is completely cure in accdanc with th paint manuacurets recmendations. The Contrctor shall submit for the Company's approval detailE infomiation.ón all equipment and procures conneed with the ventilation operation. beore commenment of the work. The Contracor shall submit a wrtten notice of compliance with all såfety coes to the Compay Engineer prior to the startup of work and at intervals as required by the Enginer during th co of th work 9. PERMITS AND UCENSE§ Unless otherwise provided in this Agreent, the Contactor shall procre and shall pay for all permits, licenses, certifcaes or other autorizations, required by law, regulation, order or locl autity, which are nery for the proper. exection and completion of the Work to be provided herein, 6 .,,,.' 10. INSPECTIONS AND ACCEPTANCE All work shall be subjec to inspeion by the Company at all reasonable times and at all plaæs. The Enginee from the Company,. or other designated inspector, shall have full authority to prevent hazrd to any facilities of the Company. The presence of the Engineer fro the Company or inspector shall not relieve the liabilty of the Contractor as herein set forth. If the Contractor does not promptly replaæ rejeced materials or coec rejeced workanship,the Company (1 ) may retain, (in addition to regular Retainage) such sums from Proess Payments as the Company deems necsary to protec the Company; (2) may relaæ su materials or correc such workanship and charge the cost theo tö the. Contr¡ictor;.(3) may deduct from the Retainage the reasoable value of the Wor not saisfacOrily completed or correced; and (4) may terinate the Contacör's right to pro as provided for in Paragraph 15 of this Agremen 11. WARRATY OF WORK Contractor warrants that the Work performed under this Agreement coforms to the requirements of this Contract and is free of any defect of equipment, material ordesign furnished, or workmanship performed by the Contactor or any of his subcontractors or suppliers. Such warranty shall continue for a period of TWO years from the date of final completion of the Work to be performed hereunder. Under this warranty, the Contractor shall remedy at his own expense any such failure to conform to any such defect. ~ 12. INTERPRETATION OF CONTRACT The Engineer from the Company shall decide any questions, which may arise as to the interpretation of this Contract, or any docment made a part hereof. Any decision 7 '. . rendered by the Engineer from the Company shall be binding on the Company and the Contractor. 13. DAMAGE TO PROPERTY (a) Th Contractor shall be responsible for and shall repair, at its sole cost and expense, any damage to prope, which is cause by or arises out of any wo perfoned by the Contractor. In the even the Conctor fails to repair or fails to diligently commence repairing propert da within five (5) days afer reipt of notice to repair from the Company,. thn the Compay may engage th. services of other contractors to effec such repair and deductí frm any payments. due the Contractor, the cot of such repair. If the amount of any paymen due the Contor is less than the cost of repairs, then the Company may apply the amont due the Conctor against th cost of repaitand recover the diference fr the Contracor. (b) In th event of damage for which th Contactor is responsible undr Subparagraph (a) herein which requires the Company tbethge.other cOtractors, and at the time of such engageme no payments are due the Contactor frm the Company, the cost. thereo shall be the obligation of the Contctor and shall be paidwithih five (5) days of recipt of written notice from the Comny. 14. MAINTENANCE OF EQUIPMENT (a) The Contractor shall, at its ow expnse, maintain its equipment in goo operating condition during the term of this Cont. (b) The Contracor shall be solely responsible for the thef of or damage caused to its equipment lef at the Worksite, unless the Company, its employees, agents or others for whose acs it is legally liable direcly cause such thef or damage. 8 ~. .. I 15. TERMINATION FOR DEFAULT (a) If the Contractor refses or fails to prosete the Work or to repair propert damage as required in Paragraph 6 and Paragraph 13, the Company may, by written notice to the Contractor, terminate this Contr. (b) If the Contractor fails to prvide equipment or to prosete the Wor due to causes, which the Engineer deems beyond the contl and. without the fault of the Contractor, then the Contractor shall be peritted to employ a competent subcntactor to perorm the work. Such subcntactOr shall be deemed an agent and servant of the Contractor. Nothing containe herein shall aeate any contractual relationship betwn any subctractor and the Company. (e) The right of the Contractor to proced shall not be terminated, nor shall the Contractor be responsible for damages, for delay in completion resulting from acts of God, acts of the public enemy or acts of the Government or from labor disputes within the Contractots business which are beyond the control of and without the fault of the Contractor and which materially and adversely impair the abilty of the Contractor to meet its obligations hereunder. However, the Contractor, in order to be excused from suc failure or delay, must: (1) take all reasonable steps to remedy the efect of such delay or failure,. (2) take all reasonable steps to fulfill its obligations in a timely manner, (3) provide prompt notice of the failure or delay to the Company, (5) notify the Company of the reasons for the delay and the anticipated term of the delay, and (6) request an extension of time to perform. The Company wil not unreasonably withhold its permission for such extension. 16. CANCELLATION This contract is non-cncelable unles terminated for default in accdance with Paragraph 15 hereo. 9 : .,J ,I 17. INSURACE (a) The Contctor shall purcase and maintin such insurance as wil protec the Contractor..from any .anc all daims. relting from the Work as. se. fort in Schedule A which may arise out of or result fr the Contractors operations under thiS Contract, or by anyone for whose acs any of them may be liable; such insurance shall be written for. not less than the coverage's and any limits of liability herein specified or required by law, whichever is greater. 1. Worker's Compensation: (a) State:Statutory (b) Applicable Federal:Statutöi' (e) Employer's Liabilty:1100,000 2. Commercial General Liabilty (induding Premises-Operations; Independent Contractors' Protecive; Products and. Completed Operations; Broad Form Propert DamagØ.; Blanket Contractual Liability, Personal.l~jury with Employment Exdusion deleted): (a) Bodily . Injury and Property Damage: Single Limit $1,000,000 (b) Products and Completed Operations to be maintained for two (2) year(s) after final payment. (c) Property Damage Liability Insurance shall provide X, C and U coverage as applicable. 10 ; ., . . 3. Comprehensive Automobile Liabilty: Bodily Injury and Property Damage: Single Limit .$1,000,000 4. Umbrella Excess Liabilty: $5,000,000 over primary insurance 5. Environmental Impairment/Pollution Liabilty or Liabilty J1 ,000,000. Contractots Pollution Coverage to include handling, transportation and disposal, if applicable. 6. Certificates of Insurance: (a)AII insurance certificaes will include a thirty (30) day noti.C8 provision for cancellation or material change in coverage. (b) Certificates of Insurance accptal;le.to the Company should state that they are Primary Insurance and shall name the Company as an additional insured and shall be fiied with the Company prior to the commencement of the Work. These Certificates should contain a provision that coverage's afforded under thepQlicies wil not be ,~nceled until at least thirt (30) days prior written notice has been given to the Company. (c) The Contractor shall furnish the Company with notice of all claims it receives and shall keep the Company informed as to the status. of each claim. 18. INDEMNIFICATION The Contractor agrees to indemnify and hold the Company harmless from and against all claims, actions, suits, judgments or loss, including cost of litigation and 11 :. . .. attorney's fees, based on or arising out of damage to the property of the Company or a third party or injury, including death, to an employee or invitee of the Company or to a third party, caused by a breach of this Contrad or negligence of the Contrador, his employees, agents or subcontradors, in connedion with the performance of Work under this Contrad. 19. CLEANING UP (a) The Contractor at all times shall kee the work area free from accmulation of 'Nste rrateriàlsor rubbish caused by its operations. The Contractor agres to restore to its fOrmer coition, th prope of .the. Company,.. dam~ed by. the Contrctor, which lies either within or outside the limits of th area where the Work are to be peormed, it being intended that the Conor shall restore the surface of th land upon WhiCh its Work were performed as nearly as posible to the condition in which it was immediately prior to the commencement of its Work (b) At the completion of the Work to be provided herein, the Contractr shall remove all waste materials and rubbish from and about the work area as well as all toolS, COstrction equipment, machiner and surpus materials. 20. CLEANUeOF TANK INTERIOR PRIR TO PAlNl1NG The Compny prior to the contraced painting opeation wil deter the tank. All nessary cleanup of.. the tank interi prior to commencement of the Work is the responsibilty of the Contracor. This includes removal and saf and lawl disposal of silt, debris, and any other materal that has acmulated on the tank bottom. All material removed is to be lawlly dispose of by the Contractor off the site. 21. CLAM FOR DAMAGES 12 i.. ì' (a) Should the Contractor; its employees or agents sufer injur or damage to person or propert beuse of any act or omission of the Company or. of any of its employees, agents or others for whose acts it is legally liable, a claim shall be made in wrting to the Company within ten (10) days afer the first observance of such injury or damage. (b) The Contractor, any. agent or. employee of the Contractor or anyone direcly or. indirecly employed by any of them or anyone for whose acts any of them may be liable,. shall not make any claim or bring any suit against or sek damag of whatever nature from the Company, or any of its agents, ofcers or employees, (the "Subjec Part), unless said claim, suit, or damage resulted solely and direcly frm the gross negligence or willfl miscct of the Subje par. Notthstanding any other provision. of this Agreeme, no action shall lie or be maintainE! by the Contror, its assignees, succsos in interest or anyone claiming under it against tt Compay upon any claim arsing out of or bas upo this Agre or by reason of any act, omission or reuiremen of th Compy, its, offcers, employees or agents unless such action shall be commence within one (1) year afer the date of the ocrrnce about which the action is brought. Contctor, its assignee, sucssor in interest or anyone claiming under it, shall not be entitled to any additional time to begin anew any other acion if an acion . comen within the time herein speed be~ dismisse on the merts or discntinued, notwthstanding any provisions to the contrary. 22. ASSIGNMENT This Contract and any right or obligation of performance hereunder is not assignable or delegable in whole or in part by the Contractor without the prior conset of the Company, and any such attempted assignment or delegation shall be void and inefecive for all purpses. 23. INTEGRATION 13 I ., If This Cont is intended by the paries to be a final, exdusive, and coplete expression of their agreement and its ters. No cors of pror dealing betwn the parties and usage of trade shall. be relevant to . supplement or explain any terms used herein. 24. APPLICABLE LAW This Conct shall. be..govemed by and costred in. accrdance with the law of the State in wtich the. Wor is peormed, as efecive and in force on the date of this Contract. 25.. ACT§OF CONTRACTOR It .is undersoo. and agreed th if the Wor are perfed in whole or in part by a third part that is not a part to this Agrnt whr stpart be a subcntractor or an agent, or anYQnedirecly or indirely employed by the Contactor the sûbcntror or an agen, if any, then any act of suc third pa, while perfrming any operatiol1s on or about. the Company's premises pursant to this Agreeent shall fo the purPses of the Agreement be deeed and coside to be an act of th Contractor. The CQntraor shall, for all pu; be dee an indepedent contractor. 26. TlME FOR COMPLETION All WORK MUST BE COMPLETED AS PER THE FOllOWING SCHEDULE DATES: (if specified by Company) Start Date: 10/26/2009 Completion Date: 12/30/2009 Number of calendar days to complete all the work as specified herein before 50 working days:, 14 . · . l 27. NON DISCRIMINATION: , The provisions of Paragraphs 1-7 of Executive Order 11246 as amended, Section 503 of the Vocational.. Rehabiltation Act of 1973, and Section 2012 of the Vietnam Era Veterans Readjustment Assistance Act of 1974, "Equal Employment Opportunity", relating to nondiscrimination in the performance of U.S. government contracts apply to this contract. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. UNITED WATER IDAHO INC.J and Leo. Print name: We£ Title: VI ce. Signature: Date:L- /O-?rCl9 Date: 15 I .,1 ., Schele A DETAILED SPECIFICATIONS WORK TO BE DONE The Contractor shaU furnish all materials, experiencesupervision, iabor, tools, power, plant, and equipment required for painting the interiorahd exterior of the tanks with a Paint System as specified. All work done in connection with the painting of the tank shaU be performed in accrdance with th~ r~quil'ements of the American Water Works Association Standàld for Painting Steel Water Storage Tanks, AWWA 0102-78 and with NSF approved Paint System for potable water. Prior to commencement of the work the contractor shall remove and dispose of silt and debris colleced on the tank bottom. All material should be dispO$ed of ~roPerly off site as per aU regulations established by state and local agencies.at the Contractors expense. The contractor shall remove and. dispose of aU spet sand prior to application of the final interior and. exterior coats of paint. All material shall be disposed of in . a safe and lawful manner off site as per all. regulations established by federal, state and . local agencies, at a price as spècifed herein by the cotractor. The Contractor shaH test the material prior to removal to determine its toxicity. COATING SYSTEM FOR STEEL WATER STORAGE TANKS ~ PART 1 GENERAL 1.1 SECTION INCLUDES A. Coatings systems for steel water storage tanks. 1.2 REFERENCES A. ANSI/NSF 61 - Drinking Water System Components - Health Effects. B. ASTM D 16 - Terminology Relating to Paint, Varnish, Lacquer, and Related Products, 16 I .. C. D. E. F. G. AWWA C 652 - Disinfecions of Water-Storage. Facilities. AWWA 0 102 - Painting Steel Water Storage Tanks. SSPC,.SP 6/NACE 3 - Commercial Blast Cleaning. SSPC-sp 10/NACE 2 - Near-White Metal Blast Cleaning. SSPC-SP 11 - Power Tool Cleaning to Bare Metal. H. SSPC-SP 12 - High Pressure Washing 1.3 DEFINITIONS A. Definitions of Painting Terms: ASTM 0 16, unless otherwise specified. B. Dry Film Thickness (OFT): Thickness of a coat of paint in fully cured state measured in mils (1/1000 inch). 1.4 DELIVERY, STORAGE, AND HANDLING A. DeUvery: Deli"erm~terials.tQsite.in manufacturer's original, unopened containersandpaçkaging, with labels clearly identifying: 1. CClating or material name. 2. Mènufacturer. 3. Color name and number. 4. Batch or lotnumber. 5. Date of manufacture. 6.. Mixing and thinning instruions.~ B. Storage: 1. Store materials in a clean dry area and within temperature range in accrdance with manufacturer's instrctions. 2. Keep containers sealed until ready for use. 3. Do not use materials beyond manufacturer's shelf life limits. c. Handling: Protec materials during handling and application to prevent damage or contamination. 1.5 ENVIRONMENTAL REQUIREMENTS A. Weather: 1. Air and Surfac Temperatures: Prepare surfaces and apply and cure coatings within air and surface temperature range in accrdance with i 7 . l . . manufacurer's instructions. 2. Surface Temperature: Minimum of 5 degrees F (3 degrees C) above dew point. 3. Relative Humidity: Prepare surfaces and apply and cure coatings within relative humidity range in accdance with manufacturer's instructions. 4. Precipitation: Do not prepare surfaces or apply coatings in rain, snow, fog, or mist. 5. Wind: Do not spray cotings if wind velocity is above manufacturer's limit. B. Ventilation: Provide ventilation during coating evaporation stage.in confined or enclosed areas in accrdance with AWWAD 102. C. Dust and Contaminants: 1. Schedule coating work to avoid excessive dust and airbome contaminants. 2. Protect work areas from excessive dust and airbome contaminants during cociting application and curing. PART 2 PRODUCTS 2.1 MANUFACTURER Tnemec Company, Inc., Substitutns shall be cosidered but must be approved by Engineer. Ofers for subsutons will no be coideréd wh decease film thickess, solids by volume. or th numbe of co to be aplie or which propose a change from the generc ty of cong sped herein. AU substitutions shallinclude. complete test reps to comply with speed. perforance çrteria;Paint application shall be in stct acanc with manufures printed instructions except that coating thickess speed in paint scedule herein shall govem. 2.2 COATING SYSTEMS PERFORMANCE ~ Intor Coatings Coaing manufacturer shall submit ceifed domentation that interior coating. in contact with potable water has ben certifed in accrdanCé with the National Sanitation Foundation Sta No. 61. A. Abrasion: Method: Fed. Test Metod Std. No. 141, Metho 6192, CS-17 Wheel, .100 grams load. Requirement: No moe thn 110 millgrams loss afer 100 cycles. B. Adhesion: Method: ASTM 0 451 (TI-34) Type V Positester Requirement: Not less than 2,083-si (14.36 MPa) adhesion, average of three trials. 18 , .. " C. Salt Spry (Fog) Method: ASTM B 117 applied SSPC SP10 cleaned hot rolled steel. Requirement: No blistering, crackng, . rusting or delamination of film. No rusting at scbe afer 20,00 hours expsure. Finish A Abrasion: Meth: Requirement: ASTM 040, C8-17 Wheel, 100 grams load No more than 96 millgrams loss afer 100 cycles. B. Adhesion: Method: ASTM 0 3359 Metod B (Crosshatch Adhesion) Coaing system applied to sandblasted steel panels and cured 30 days at 77 degee F. Reqirement: Not les than a raing of 5, average of three test. C. Grafti Resistance: Metod: The followng grati materials applied to coating and allow to dry for seven days: acrlic, epoxy- eser and alkyd spray paints, ballpoint ink, cryon, Malket marker, blac sh polish and lipstick. Removal first attempted with xylene; if grafiti remained then Methyl Ethyl Keton was used. Requirements: . Complete and easy remval without loss of shine. 2.3 COATING SYSTEMS FOR INTERIOR OF TANK BASE BID SYSTEM , G. A. Interior, Wet: 1. SystemType: Zinc/Epoxy. Tnemec Hydro-System. 2. AWWA 0 102 Paint System: ICS-5. 3. ANSI/NSF 61 Certified: For use inside potable water storage tanks.4. Surface.Preparation: SSPC-SP 10/NACE 2. 5. Primer: Series 91 H20 Hydro-Zinc. OFT 2.5 to 3.5 mils. 6. Intermediatè Coat: Series N140-1255 Pota-Pox Plus. OFT 4.0 -- 6.0 mils. 7. Finish Coat: Series N140-15 BL Pota-Pox Plus. OFT 4.0 _ 6.0 mils. 8. Total OFT: 10.5-15.5 mils, 9. Finish Color: 15BL White. AL TERNATE BID SYSTEM 19 ~ -'I I. B. Interior, Wet: 1. System Type: ZinÇ/Epoxy orVR3 Vinyl 2. ANSi/NSF 61 Certified: For use inside potable water storage tanks. 3. Surface Preparation: SSPC-SP 10/NACE 2. 4. Primer: Series 91 H20 Hydro-Zinc. OFT 2.5 to 3.5 mils. 5. Finish Coat: Series 141 Pota-Pox 80 OFT 10.0 -12.0 mils. 6. Total OFT: 12.5 -15.5 mils. 7. Finish Color: 15BL White. 2.4 COATING SYSTEM FOR EXERIOR OF TANK BAse BID SYSTEM -- EXISTING SYSTEM. REMOVED TO BARE METAL A. Exterior: 1. System Type: Epoxy/Urethane. 2. SUrfaçe Preparation: SSPC~P 6/NACE 3. 3. Primer Series 66 Hi..BuildEpoxolineOFT 2.0 to 4.0 mils. 4. Interiate Coat Series 66 Hi-Build Epoxoline OFT 2.0 to 4.0 mils. 5. Finish'CöatSeries 73UEndura-Shield DFT2.0 - 4.0 mils. 6. Total OFT: 6.0 - 12.0 mils. 7. Finish Color: As seleced by Engineer from manufacturets standard colors. ALTERNATE BID SYSTEM - OVERCOAT EXISTING SYSTEM B. Exterior: System Type: Epoxy/llrethane. Surface Preparation: All exterior existing coated surfacs shall recive a high- pressure wash - 3,00 PSI at 3.5 gallons pe minute minimum. Surfac i$ to be clean, dry and free of contaminants. The Contractor shall take precautions not to damageorremove tightly adhernt paint or primer in preparing the exte~ior surface. of the reseroir for painting. If the pressure rating, nozzle type and washing distance for the high pressure washer removes tightly adherent. paint or primer, then the Contractor shall reduce the pressure and/or change the spraying distance from nozzle to reservoir at the Ownets immediate request such that. the existing paint systems remains intact. The request and the Contractots compliance to and performance of same shall not be considered a change of condition and as such wil not be subject to any additional monies to the Contractor. All pitted and rusted areas shall recive a Powr Tool Cleaning in accrdance with SSPC SP-11. All "poppe" or loose paint and rusted areas shall be OA sanded to remove aU loose or flaking paint. 20 . ,i " , . , Spot Prime: Series F.e. Typoxy OFT 3.0 to 5.0 mils. Prime: Series F.C. Typoxy OFT 3.0 to 5.0 mils. Finish Coat: Series 73U Endura-Shield OFT 2.0 - 4.0 mils. Total OFT: 8.0- 14.0 mils. Finish Color: As seleced by Engineer from manufacturets standard colors 3.5 APPLICA nON A. Apply coatings in accrdance with manufacturer's instructions. B. Mix and thin coatings, including multi-cmpoent materials, in accrdance with manufacturets instructions. C. Keep containers c.losedwhen not in use to avoid contamination. D. Do not use mixed coatings beyoqdpot life limits. E. U.seapplication equipment, tools, pressure settings, and techniques in accrdance with manufacturets instructions. F. Uniformly apply coatings at spreading rate required to achieve specified OFT. G. Apply coatings to be free of film characterstics or defects that would adversely affect performance or appearance of coating systems. H. Stripe paint with brush critical loctions on steel such as welds, comers, and edges using specified primer. 3.6 DISINFECTION ~ A. Disinfections of Water Contact Surfaces and Fillng of Water Storage Tanks: 1. Do not disinfect water contact surfaces or fill water storage tanks until application of coating. systems is coplete, coath"lgs have fully cured, and field quality controi inspection is complete. 2. Allow number of days in accrdance with manufacturets instructions andas directed by Engineer for full cure of coating systems on water contact surfaces before flushing, . disinfecting, or fillng with water. 3. Disinfections: AWWA C 652 or as directed by Engineer. 3.7 REPAIR A. Damaged Materials: Repair or replace damaged materials and surfaces not 21 '..' ',i scheduled to be coated. B. Damaged Coatings: Touch-up.orrepair damaged coatings. Touch-up of minor damage shall be accptable where result is not visibly different from adjacent surfaces. Recoat entire surface where touch-up result is visibly different, either in sheen. texture, .or color. C. Coating Defects: Repair in accrdance with manufacturer's instructions coatings that exhibit film characteristics or defects that would adversely affect performance or appearance of coating systems. 3.8 FIELD QUALITY CONTROL A. Inspectors Services: 1. Verify coatings and other materials are as specified. 2. Verify.surface preparation and application are as specified. 3. Verify .DFT of each coat and totalDFToteach coating system is as specified using wet filmanddty film gauges. 4. Coating Defects: Check coatings for film characteristics or defects that wouldad\erselyaffect performanc or appearance of coating $ystems. a. Check for holidays on interior steel immersion surfåcs using holiday detecor. 5. Report: a. Submit written. repors descrbing inspecions made and actions taken to correct noncnfrming wor. b. Report nonconforming work not corrected. c. Submit copies of report to Engineer and' Contractor. B. Manufacturers Field Services: Manufacturer's representative shall provide technical. assistance and guidance for surface preparation and applIcation of coating systems. 3.9 CLEANING A. Remove temporary.coverings and protecion of surrounding areas and surfaces. 3.10 PROTECTION OF COATING SYSTEMS A. Protect surfaces of coating systems from damage during construction. 3.11 ONE-YEAR INSPECTION A. Owner wil set date for one-year inspection of coating systems. B. Inspection may be attended by Ower, Contractor, Engineer, and manufacturer's representative. 22 . ,'" II C. Repair deficiencies in coating systems as determined by Engineer in accrdance with manufacturets instructions. SCHEDULEB Contractors Rules for Performance and Conduct The following provide the rules for performance and conduct for contractors performing work on Water mains, services and appurtenances in water systems owned by United Water Idaho and those for which it provides contract operations. It is understood that any approved contractor that performs within the guidelines of the specifications and' the rules delineated below, wil remain on the approval list of contractors and be allowed to bid on developer funded projects. It is also understood that contractors who fail to meet these specifications and rules wil be removed from. the fIst. The rules for performance and conduct fall under six subdivisions, Safety, Materials, Conduct, Contract Violations, Insurance and Unpaid Debits to United Water Idaho. Aside from and in addition to any right to remove a contractor as granted by law and aside from and in addition to any provision relating to removal or termination in anycontract executed between the parties, removal of a contractor from the approved list of contracors wil occur if any of the following occr. SAFET: · The contractots Workets Compensation Experience Modification Factor is above 1.25. L · In United Watets sole but reasonable discretion, the contractor has operated under unsafe working conditions - 1 st time results in a warning, 2nd time results in removal of thécontractor from the approved list. · In United Watets. sole but reasonable discretion, the contractor is operating under life threatening working conditions wil result in immediate termination of the contractor from current project and removal of the contractor from the approved list. MATERIALS: · The contractor installs non-approved materials in a projec - 1 st time results in a warning, 2nd time results in removal of the contractor from the approved list. CONDUCT: 23 "' r... ... . Refsal to perform as required by the United Water Idaho inspector, contractor is subject to termination from current projec and removal of the contractor .from the approved list.. Proceeding with project without 48-hour notice - 1 st time results in a warning, 2nd time results in removal of the contractor from the approved list. . The abuse of language or hostile behavior toward United Water Idaho employees, public agency representatives and/or the general public - 1 st time wil, in United Waters sole but reasonable discretion, result in immediate termination of the offending employe.efrom current..and future UWID projects, 2nd time results in removal of the contracor from the approved list. . Eailuretodeliveras-buiU drawingssnd service ticketswil result in non-accptance of project. CONTRACT YIOLATIONS: .... Failure to comply with. any provision of the contract between United Water Idaho and the cotractor. INSURANCIi: . Contractor is required to maintain insurance levels as specified. No work shall be authodzedif current coverage does not meet speified limits. UNPAID DEBTS: . All debts owed to United Water Idaho by the cotractor shall be due and payable on a 30-day basis. If the contractor fails to make timely payment, UnitedWater Idaho may remove the contractor from the list Of approved contråors. Each contractor must. require that any subcontractor comply with the reqlJirements outlined herein, and each contractor. must . .include api)r()priate provisions, which set forth aU of the above Rules for Performance and Conduct in each of its contract with subcontractors working on the Project. REVEW AND REINSTATEMENT United Water Idaho wil conduct annual reviews of existing contractors, new contractors and the reinstatement of former contractors on an annual basis in December. Warnings wil remain in effect for 12 months. Any contrsctor removed from the list of approved contractors, as delineated above, wil remain Off of the list fOr a minimum of 12 months prior to consideration for reinstatement. 24 RECEIVED JUN 062007 UNITED WATER RULE STEEL TANKS INC 21986 MIDDLETON ROAD CALDWELL, ID 83605 (208)585.3031 (800)769-5636 JIFFY JACKS: (800)769-5674 Invoice DATE INVOICE # 6/1/2007 27199 BILL TO UNITED WATER OF IDAHO PO BOX 190420 BOISE, ID 83719-0420 SHIP TO UNITED WATER OF IDAHO 8248 W. VIClORY ROAD BOISE, ID 83719-0420 QUANTITY VI.1178) REQ kis-U¿P.O. NUMBER JOB NO.REP TJK T-6960 DESCRIPTION LABOR AND MATERIALS TO: REMOVE 9' WIDE X 8' HIGH SHELL SEClION AND REPLACE UPON COMPLETION CUT OUT A SEClION OF THE TANK BOTTOM AROUND EXISTING OUTLET IN FLOOR FABRICATE NEW SUMP AND INSTALL IDAHO SALES TAX PRICE 5, I 25.0Q 3.630.00 AMOUNT 5,125.00T 3,630.00T 6.00%525.30 Category C mte.. (eN Sub Act ID 70 0 Activ ID :3 '3640° Res Cat -2 Le tt) Location R J. ? Q Amount 3" ~ 3 D 6ß- Bus ODI CntrlA SuA Proj ID Res Type leie Dc"! 10 ,,;:' ¡¡rova" - Payment terms are net 10 days. Purchaser agrees to pay all costs and expense of collection including interest and attorney's fee. 1-1/2% interest per month charged on pas due Total :iccounts. Buyer agrees that he wil not hold seller responsible for any liability greater than amount of this sale and the product sold remains the property of Rule Steel Tanks Inc., until paid in full. I certify the propert which has been purchased wil be used for the following Payments/Credits purpose: (Check box if appropriate) _ Raw materials or catalysts used in the production of tangible personal property by mining, manufacturing, processing, fabricating or for faring. Balance Due $9,280.30 $0.00 $9.280.30 5/ì£L*-. ~C/&-../z,/;£ Steldhead Tank (2MG) recoating includes sandblasting the complete interior roofcealing and raftrs to a SP..10 then recoat to specs. Then completely power wash and coat to specs the exterior. Crestline Tank (.3 MG)complete interior sandblast to a SP 10 .then recoat to specs and exterior powerwsh and recoat to specs. Coatings Unlimited, Inc. 323,800 . has a g90 undernding of ew ta in BoiS. na,tlJ'. R~Y.$'j!i BU or SCM team member submittin Bob lawrence Attached documents:Bid Results Return executed copy of contract to SCM (see additional guidelines on pg. 2) J & L COLNorteast, Inc. (509)484-4097 2807 S Man 0 Wax Lane Verae. WA 99037 If '1' it 62. ò Invoice , Oat"Invoice # 12/12009 6455 BilTo Unit~ Water Idaho 1m 8248 W Victory Rd BoiseID 83709-4165 ~~ P.O. No.Term$ProjèçlI CrestTån .,.. Item DeSCrPton Est Amt Prior Amt Prior % Contr... Crestline Tan - 56,485.00 lriteorlEiror Coinle - Labr and Matal Contr ... Aditioiui1Reauire InUice Qty Rate 0.75 56,485.00 CUff % Tota % Amount 75.00% 75JlO% 42;363.75 2,995.37 2.995.37 ¡ I We appreciate your prompt payment Mer Cbnst and Happy New Yea! Total $45,359.12 Payments/Credi.ts.$0.00 Balance Due $45,359.12 1-- (LLC tes, Hillcrest Tank recoatingincludes sandblasting the complete interior to a SP-10 then recoaUo specs. Then completely power wash and. coat to specs the exterior: . "'" Bid Resul_ SÙmia1Jh . Bidder Names Bid.Amount Annual or Total' Seiecte Vendor: ihere is an $81,000 difference betWeen the tw lower bids. UWID has never used sucssfully repair th St. Catrine storage.. ta i".Toms River, Ni.l':. . , Bob lawrence 'Attached documents: Bid Results Return executed copy of contract to SCM (see additional guidelines on pg. 2) .. I.~.i.a;, AGRBBMNT FOR PA:INT:ING .TBB :IN'R:IOR AN BXTBR:IOROF THB 2 KG WATER STORAGB TAN (112'D X 28'B) B:ILLRBST RBSBRVO:IR LOTE AT4215 B:ILLST DR øo:ISB, :IDAO BBTNBN UNTBD WATE :IDAO :INC. 8248 w. VJCTRY, ROA BO:ISB, :IDA 83709-4165 At PRB:RD TAB &: TO" :Inc. 5444 BAir :IHD:t S', PI 374 BVANsvLLB, :IRDXAH 47715 THIS AGREEMENT, made this 6th day of October ,2009, between UNITED WATER IDAHO INC., a corporation of the State of Idaho with its principal offce at 8248 West Victory Rd., Boise, Idaho, hereinafter called the "Company", and PREFERRED TANK & TOWER, INC., having a principal offce at 544East Indiana Street, PMB 374, Evansvile, Indiana, hereinafter called the "Contractor", i WHEREAS, the Contractor has agreed to make his servces, equipment and operators available to the Company for these purposes, NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Company and the Contractor agre as follows: 1. WORK All the labor, materials and equipment required for repainting the interior roof surfaces of thè2,OOO,OOO gallon (' 112 0 X 28'H) Hilcrest Reservoir complete in every detail as described in Schedule A. All work related to the reair of pitted steel surfaces wil be paid under Item 4 (Change of Work). 2. CONTRACT SUM I PAYMENT TERMS The Company shaH pay the Contractr for the Work as outlined above, inclusive of all. sales and use taxes, as the same may be adjusted by Change Order, payablè in accrdance with the folloWingterrs or conditions: (a)The Contractor hereby certifies that he has carefully examined the Specifications annexed hereto, and has examined the site of the work, understands each and every item pertaining thereto and declares that he wil enter into a contract with United Water Idaho to provide all the necssary labor, materials and equipment, and to complete the work pursuant thereto. (b )The Contractor agrees to receive as full compensation for furnishing all materials, experienced supervision, labor, tools, power, plant and equipment required for the specified Work, complete and finished in every detail, in full accordance with the Specifications and direction of the Company Engineer, the following sums: 2 " .l " INTERIOR: Complete (as per specs) EXTERIOR: Complete (power wash and two coats of Tnemec) 1140,000 (one hundred fort thousand dollarsl (c)Nlnety (90%) Percent of the vallie of the Work completed (removal of existing coating, then application of new finish) as certifed by the Company "Progres Payments"; (d)Ter(100A.) Pe á th va d th Wor CX dLJ .æt. rm sh beWI ''R a", silJ b 1h pr clfi Poie sh be ¡å lK ~ d1h to Wor at ii fiPo ie (c) The Compan may decline to make payment of or may Increase Retainåge to sOchextent as may be. necessary in it opinion to ensure the sasfacry completion of the Work by the Contractor. Company shall pay Contractots Invoices on a 2% 10, Net 30 days basis. 3.WORKMANSHIP AND SAFE WORK SITE All Work under this Contract shall be perfrmed In a safe, skillfl and workman like manner and all work shall be conducted In compiiance with OSHA reulations, and with the regulations of any other agency having jurisdiction over safety and health. The Contractor agrees to maintain all reasonable safeguards at the work site and to protec both employees and the public frm Injury or damage. The Company may require the Contractor to remove from the Work site any of the Contractots employees the Company deems Incompetent or otherwse objecionable, which determination shall be within the sole discretion of the Company. The Contractor hereby agrees to comply with all of the 3 tenns and conditions of the Companys Contractors Rules for Perfnnance and Conduct annexed hereto and made a part heref as Schedule B. 4. CHANGES IN.THE WORK (a) Witout invalidati this Agrement,the Company reserves the rigot to order any extra serces or to make any changes. wihin the scope of this Agremen, and to increase or diminish the amount of work to be done with reard to the work to be performed. All changes, including insurance requirements and increased price of paint shall be authorized by written Change Order signed by the Company. (b) If the amount of work to be done is increase, th Contrctor wiU be paid, for the work autrized. by Chang Order, th acal dire cost .of COmpleting Change Order work plus an allowanc of fieen (15%) percnt of cost for prpfi and overhad. (c) Cost wi.i be limited to the following: cost of materials, including sales tax, if any is required, and cost of delivery; rental and usge charges..forequipment, and cost of labor ineluding all sttury an custmary payrll costs. 5. CONDmONOFSlm Contractor is fully familar.with the condition of the work area as of the date heref and accepts the same in its "as is" condition. 6. PROTECTION OF ADJACENT PROPERTIES The Contractor shall take reasonable precautions to eliminate any disturbances to properties adjacent to the tank work area. 4 The Contractor, without expense to the Ower, shall perfnn all necessary cleanups and make all. necessary repairs to damages to all adjacent properties, cause by the Contractor during the perfonnance of the contracted work. Areas affected shall be restore to as good a condition as before the damage occrr. 7. COMPLIACE WITH LAWS The Contractor agrees to comply with all federal, state and municipal laws, rules, reulations and ordinances that may be applicble to this Contract and the Work contemplated hereby. 8. SAfETY PRECAUTIONS The Contractor shall conduct alt work in confnnit wih currnt safet regulationsPrQrnulgatedpursuant to the Federal Ocupational Safety and Health Act, and in accrdance wih th~ Manual of Accident Prevention in Constion published by the Assciated.. Gen~ral Contractrs of America and the publications of the Natinal Safety Council and the American Water Works Association Standard for Painting Steel Water Storage Tanks, AWWA 0102-78 and as specifed herein. Additionally, all work shall conform to the requirements of any other applieable Federal, State or Local laws, regulations or ordinances. All. equipment to be used by the Contractor in the perfonnance of thé. work shall confOrm to the herein-mentioned. safet coes and shall be inspeced by the Contractor for compliance with these coes on a reular basis. All employees of th Contrctor shall be instructed as to the proper and safe Use of all equipment to be used in the perfonnance of the work. Such equipment shall include, but not be limited to, scaffolding, ventilation equipment, respirators, safety belts, spray equipment, compressors, and sand blasting equipment and utilit trucks. Proper ventilation of the interior of the tank shall be provided. at all times to keep solvent vapors below explosive concentrations. The flow of ventilating air should be 5 direded to avoid buildp of concentrated solvent vapors. During coating application the total capacity of ventilating fans shaH be at least 1,000. cf per gal of coating applied per hour or 10,000 cf whichever is greater. Continue forced ventilation until the coating is completely cure in accordance. wi the paint manufådurers remmendations. The Contrador shall submit for the Company's approval detaile infnnation on all equipment and proceures conneced with the ventilation öperation before commencement of the work. The Contrador shall submi a wren notice of compliance with all safety codes to the Company Engineer prior to th strtp of wo and at intervals as require by the Engineer during the cours of the work. 9. PERMITS AND LICENSES Unie$s. othese provied in this Agrement, . the . Contrr shall procur and shan payförallpennit, licnses, certifes or other autorins, require by law, reglJlation, order or locl autri, which are necry for the proper execution and completion of the Work to be provied heren. 10. INSPECTIONS AND ACCEPTANCE An work shall be subjec to inspeon by the Company at all reaSonable times and at an places. The Engine fr the. Company, or otter designated inspecor, shall have full authori to preve hazrd to any facilis of the Company. The prsece of the Engineer from the Company or inspeor shll not relieve the liabilit of the Contractor as herein set forth. If the Contrador does not promptly replace rejeded materials or corrd rejeded workanship, the Company (1) may retain, (in addition to regular Retainage) such. sums from Progress Payments as the Company deems necessary to proted the Company; (2) may replace such materials or corr such workmanship and charge the cost theref to the Contdor; (3) may dedud frm tte Retainage the reasonable value of 6 the Work not satisfactOrily completed or corred; and (4) may tenninate the Contractor's right to proceed as provided for in Paragraph 15 of this Agrement. 11. WARRANTY OF WORts Contractor warrants that the Work perfonned under this Agreement confonns to the requirements of this Contract and is free of any defect of equipment, material or design furnished, or workmanship perfonned by the Contractor or any of his subcontractors or suppliers. Such. warrnty shall continue for a period of TWO years from the date of final completkm of the Work to be perfonned hereunder. Under this warranty, the Contractor shall remedy at his own expense any such failure to conform to any such defec. 12. INTERPRETATION OF CONTRACT The Engineer from the Company shall..decida any questions, which may arise as to the interpreation of this Contract, or any. document. made a part heref. Any decision rendéred by the Engineer from the Company shall be binding on the Company and the Contractor. 13. DAMAGE TO PROPERTY t. (a) The Contractor shall be responsible for and shall repair, at its sole cost and expense, any damage to propert, which is caused by or arises out of any work perfqnned by the Contrctr. In the event the Contor fails to repair or fails to diligently commence repairing. propert damage within five (5) days after receipt of notice to repair from the Company, then the Company may engage the servces of other contractors. to effect such repair and deduct, from any payments due the Contractor, the cost of such repair. If the amount of any payment due the Contractor is less than the cost of repairs, then the Company may apply the amount due the Contractor against the cost of repair and recover the difference from the Contractor. 7 (b) In the event of damage for which the Contractor is responsible under Subparagraph (a) herein which requires the Company to engage other contrctors, and at the time of such engagement no payments are due the Contractor from the Company, the cost thereof shall be the obligation of the Contctorand shall be paid within five (5) days of receipt of wrtten notice frm th Company. 14. MAINTENANCE OF EQUIPMENT (a) The Contractor shall, at its own expense, maintain its equipment in good operating condition during the tenn of this Contract. (b) The Contrar shal be solely reponsible for the thef of or damåge caused to its equipment left at th Worksite, unless th Company, it employees, agents or others for whose act itis legally liable dir cauSè suc thef or damage. 15. TERMINATION. FOR DEFAULT (21) If the. Contractor. res or fails to prose the Work or to repeir propert damage as reuire in Paragraph 6 and Paragraph 13, the Company may, by written notic to the Contractor, tenninate this Contct. (b) If the Contraor feils. to prode equipment or to prosecue the Wdrk due to causes, which the Engineer deems beyond.tlé control and without the fault of the Contractor,. then the Contrctor shall be pennitted to employ a competent subcontractor to perfonn the work. Such subcntractr shall.. be deemed an agent and servant. of .the Contractor. Nothing contained herein shall create any contractual relationship between any subcontractor and. the Company. (c) The right of the Contractor to proceed shall not be tenninated, nor shall the Contractor be responsible for damages, for delay in completion resulting from acts of God, acts of the public enemy or acts of the Government or from labor disputes within the Contractots business which are beyond the control of and without the fault of 8 the Contractor and which materially and adversely impair the abilty of the Contractor to meet its obligations hereunder. However, the Contractor, in order to be excused from such failure or delay, must: (1) take all reasonable steps to remedy the effect of such delay or failure, (2) take all reasonable steps to fulfill its obligations in a timely manner, (3) provide prompt notice of the failure or delay to the Company, (5) notif the Company of the reasons for the delay and the anticipated term of the delay, and (6) request an extension of time to perform. The Company will not unreasonably withhold its permission for such extension. 16. CANCELLATION This contract is non-cnclable unless terminated for default in accrdanc with Paragraph 15 heref. 17. INSURANCE (a) The Contractr shall purchase and maintain such insurance as wil protect the Contractor from any. and all claims resulting frm the Work as set forth in Schedule A which may arise out of or result frm the Contractor's operations under this Contract,. or by anyone for whse acts any of them may be liable; such insuranc shall be wrtten for not... less. than the coverage's and any limits of 'liabitit herein specrfed or require by law, whichever is greater. 1. Worker's Compensation: (a) State:Statutory (b) Applicable Federal:Statutory (c) Employer's Liabilty:$100,000 9 2. Commercial General Liabilit (Including Premises-Operations; Independent Contractors' Protecive; Products and Completed Operations; Broad Form Propert Damage; Blanket Contràctual liabilty, Personal Injury with Employment Exclusion deleted): (a) Bodily Injury and Propert Damage: Single Limit $1.000.000 (b) Products and Completed Operations to be maintained for two (2) year( s) after final payment. (c) Propert Damage Liabilit Insurance.shall provide X, C and U coverage as applicable. 3. Comprehensive Automobile Liabilty Bodily Injury and Propert Damage: Single Limitl1.000.000 4. Umbrella Excess Liabilty: $5,000,000. over pnmary insurance 5. EnvironmEmtallmpairmentlPollution liabilty or Liabilty $1,00,000. Contractots Pollution Coverage to include handling, transporttion and disposal, if applicable. 6. Certificates of Insurance: (a)AII insurance certificates wil include a thirt (30) day notice provision for cancellation or matenal change in coverage. (b) Certificates of Insurance acceptable to the Company should state that they are Pnmary Insurance and shall name the Company as an additional 10 insured and shall be.flled with the Company pnor to the commencement of the Work. These Certificates should contain a provision that coverage's afforded under the policies will not be canceled until at least thirt (30) days pnor written notice has been given to the Company. (c) The Contractor shall furnish the Company with notice of aU claims it receives and shall keep the Company informed as to the status of each claim. 18. INDEMNIFICA nON The Contractor agrees to indemnif and hold the Company harmless from and against all claims, actions, suits, judgments or loss, including cost of litigation and attorney's fees, based on. or arising out of damage to the propert of the Company or a third part or .injury, including death, to an employee or invee of the Company or to a third part, caused by a breach of this Contract or neglignce of the Contractor, his employees, agents or subcntractors, in connecon with the perfrmance of Work under this Contract. 19~ CLEANING UP (a) The Contractor at all times shall keep the work area free from accumulation of waste matenals or rubbish caused by its operations. The Contror agrees to restore to its former conditon, the propert of the Company, damaged by th Contractor, which ties eiter within or outside the limit of the area where the Work are to be. perfrmed, it being intended that the. Contractor shall restore the surface. of the land upon which its Work were performed as nearly as possible to the condition in which it was immediately pnor to the commencement of its Work. (b) At the completion of the Work to be provided herein, the Contractor shall remove all waste matenals and rubbish frm and about the work area as well as all tools,constrction equipment, machinery and surplus matenals. 11 20. CLEANUP OF TANK INTERIOR PRIOR TO PAlNnNG The Company poor. to the contcted painting operation will dewater the tank. All necssary cleanup of the tank inteOOr prior to commencement of the Work is the responsibilty of the Contractor. This includes removal and safe and lawful disposal of silt, debris, Clod any other. material that has accumulated 00 the tank bottom. All material reoved is to be lawfully disposed of by the Contractor off the site. 21. CLAM FOR DAMAGES (a) Should the Coctor, its employee or agents sufer injury or damage to.pEWnor prort beus of any. ac or omissn of the Company or of any of its employees. agents or others for whse acts it. is legally liable, a claim shaii be made in wrting tottieeornpaoywiln ten (10) days after the first observance of such injury or damage. (b) The Contractr, any agnt or employee of the Cóntractor or anyone directly or indirey employed by any of them or anyone for whose acts any of them may be liable, shall not make any claim or bring any suit against or seek damages of whatever nature from the Company, or any of its agents, offrs or employees, (the "Subjec Part), unless said claim. suit, or damage resulted solely and direly from the gross negligenceór willfl miscdu of the Subjèc Part. Notwthstanding any other provision of this Agreement, no acton shall lie or be maintained by the Contractor. its assignees, succssrs in interest or anyone claiming under it against the Company upon any claim arising out of or based upon this Agreement 01' by reason of any act, omission or requirement of the Company. its, offcers, employees or agents unless such action shall be commence within one (1) year after the date of the occurrence about which the action is brought.. Contractor, its assignees, succssors. in interest or anyone claiming under it, shall not be entitled to any additional time to begin anew any other action if an action commenced within the time herein specified be dismisse on the meri or discntinued, notwthstnding any provisions to the contrary. 12 22. ASSIGNMENT This Contract and any right or obligation of perfonnance hereunder is not assignable or delegable in whole or in part by the Contractor wihout the prir consent of the Company, and any such attempted assignment or delegation shall be void and ineffecive for all purpses. 23. INTEGRATION This Contract is intended by the parties to be a final, exclusive, and complete expression of their agement and its ters. No cours of prior dealing between the parties and. usage of trade shall be relevant to supplemnt or explain any tenns use herein. 24. APPLICABLE LAW This Contract shall be govemed by and construed, in accrdance with thé Law of the State in which the Work is perfonned, as effecve and in forc on the date of this Contract. 9 25. ACTS OF CONTRACTOR It is understoo and agreed that if the Work are perfonned in whole or in part by a third part that is not a part to this Agreement, whether such part be a subcontractor or an agent, or anyone directly or indirectly employed by the Contractor thé subcontractor or an agent, if any, then any act of such third part, while perfonning any 13 ,I operatins on or abo the COmpany's premises pursuant to this Agreement shall for the purposes of the Agreement be deemed and considere to be an act of the Contractor. The COntractor shall, for all purpses, be deemed an independent contractor. 26. TIME FOR COMPLETION All WORK MUST BE COMPLETED AS PER THE FOllOWING SCHEDULE DATES: (if specifed by Company) Start Date: COmpletion Date: 10/19/09 11/30109 Number of calendar days to complete all the work as specified herein before 3.0 working days. 27. NON. DISCRIMINATION: The provisions of.. Paragraphs 1-7 of Executive Order 11246.. as amended, Section 503 of the Vocational Rehabiltation Act of 1973, and Section 2012 of the Vietnam Era Veterans Readjustent Assistance Act of 1974, "Equal Employment Opportunity, relating;.. to nondiscmination in the performance of U.S. govemment contracts apply to this contra.ct. IN WITNESS WHEREOF, the. parties hereto have caused this Agreement to be executed the day and year firs above wrtten. I UNITED WATER IDAHO INC.I PREFERRED TANK & TOWER 14 Print name: Title: Vlc.e Signature: Date: 10-/ -0 Print name: Herman Johnston Title: President Signature: ¡ Witness: , Date: 10-08-09 15 Schedule A DETAILED SPECIFICATIONS WORK TO BE DONE The Contractor shall fumishall materiflls. experienced supervsion. labor, tools, power, plant. and equipment required for painting the interior anc; exterir of the tanks with a Paint System as specifed. All work done in connecion with the painting of the tank shall be performed in accrdance with the reuirement of the American Water Works Association Standard for Painting Steel Water Storage Tanks, AWWA 0102-78 and with NSF approved Paint System for potable water. Prior to commencement of the work the contractor shall remove and dispose ofsilt and. debris colrectectøn tll tank. bott0rt' All material should be disposed of properly off site as per alf reguråtions established by state and l()al agencies at the Contractots expense. The contractor shall reve and dispose of all spent sand prior to application of the final interio,. and exteror coats of paint; All materia' shalibe disposed of in a safe and lawful manner.of site. as per all reulatis estblished byfederai,.. state and local agencies, at a price as.specifed herein by the contctor. The Contractor shall test the material prior to removal to determine its toxicity; COATING SYSTEM FOR STEEL WATER STORAGE TANKS PART 1 GENERAL 1.1 SECTION INCLUDES A. Coatings systems for steel water storage tanks. 1,2 REFERENCES C. AWWA C 652 - Disinfecions of Water-Storage Facilties. 16 D. AWWA 0 102 ~ Painting Steel Water Storage Tanks. E. SSPC-SP 6/NACE 3 - Commercial Blast Cleaning. F. SSPC-SP 10/NACE 2 - Near-White Metal Blast Cleaning. G. SSPC~SP 11 - Power Tool Cleaning to Bare Metal. H. SSPC-SP 12 - High Pressure Washing 1.3 OF;FINITIONS A. Definitions of Painting Terms: ASTM 0 16, unless otherwise specified. B. Dry Film Thickness (OFT): Thickness of a coat of paint in fully cured state measured in mils (1/1000 inch). 1.4 DELIVERY, STORAGE, AND HANDLING A. Delivery:.. Oèliver materials to site in manufacturers original, unopened contaiheF' and pclckaging, with labels clearly identifng: 1. Coating or material name. 2. Manufacturer. 3. Color name and number; 4. Batch or lot number. 5. Date of manufacture; 6. Mixing and thinning instructions. B. Storag~:. 1. store materials in a clean dry area and within temperature range. in accordance with manufacturets instructions. 2. Keep containers sealed untilready for use. 3. Do.not use materials beyond manufacturer's shelf life limits. C. Handling;. Protect materils during handling and application to prevent damage or contamination. ~¡; 1.5 ENVIRONMENTAL REQUIREMENTS A. Weather: 1. Air and Surface Temperatures: Prepare surfaces and apply and cure coatings within air and.surface temperature range in accordance with manufacturer's instructions. 2. Surface Temperature: Minimum of 5 degrees F (3 degres Cl above dew point. 17 3. Relati Humidity: Prepare surfces and apply and cure coatings within relative humidity range in accrdance with manufacturets instructions. 4. .Precipitation: Do not prepare surfaces or apply coating, in rain, snow, fog,. or mist. 5. Wind: Do not spray coatings if wind velocity is above manufacturets limit. B. Ventilation: Provide ventilation during coating evaporation stage in cönfined orenclosed areas in accordance with AWWA 0 102. C. Dust and Contaminants: 1. Schedulecoating work to avoid excesive dust and airbomecontaminants. 2. Protec work areas from excessive dustand airborne contaminants during coating application and curing. PART 2 PRODUCTS 2.1 MANUFACTURER Tnemec COmpany, Inc., SubsttutionsShalJbe"considerebut must be approved byEnginer. ,Ofers for substitutons wilt not be considèr which decrease, film thickneS, solids by volume or th number of coats to b,e~p~11e or whic propose achaV9(l frmtl'egeneri tye of coti speifed herein. Alf substions shall inclUde comPklte test rert to comply wihspeifie perfonnance criteria. Painl appliction shall be. in st acan wi. manuactrets printed instructions except that'coatin.thick sped in pain schedule herein shall gover. 2.2 COATING SYSTEMS PERFORMANCE Interior Coating. Coating manufåctrer shalf. submit certifed documentation that interor coating in .contact wit potable, water. has. bee certif in aCCrdance witlithe National SanittionF'oundation Standard' No.. 61. A. Abrasion: Method: Fed. Test Me Std. No. 141, Met 6192, CS-17 Wheel, 1000 grams load. Requirement: No more than 110 miligrams loss aftr 1000 cyes. B.' Adhesion: Method: ASTM D 4541 (TTM"34) Type.V .PositésterRequirement: Not less than 2,083;.psi (14.36 MPa) adhesion, average of thre trials. C. Salt Spray (Fog) Method: ASTM B 117 applied SSPC SP10 cleaned hot rolled steel. Requirement: No blistering, crackin, rustng or delmination of film. No rusting at scribe after 20,000 hours exposure. 18 Finish A. Abrasin: Method: Requirement:ASTM 0.4060, CS-17 Wheel, 1000 grams load No more than 96 millgrams loss after 1000 cycles. B. Adhesion: Method: ASTM 0 3359 Method B (Crosshatch.. Adhesion) Coating system applied. to sandblasted steel panels and cure 30 days at 77 degrees F. Requirement: Not less than a rating of 5, average of thre test. C.Graffti Resistance: Method: the following graffI materials applied to coating and allowed to dry for seven days: acrlic, epxy_ester and alkY spray paints, ballpoint ink, crayon, . Markett marker, black shoe polish and lipstick. Removal. firs attmpted wih xyene, if graff remained then Methyl Ethyl Ketone was used. Requirements: Complete and easy removal without loss of shine. 2.3 COATING SYSTEMS FOR INTERIOR OF TANK BASE BID SYSTEM A. Interior, Wet: 1. System Type: Zinc/Epoxy. Tnemec Hydro-System. 2. AWWA 0.102 Paint System: ICS-5. 3. ANSi/NSF 61 Certif:iFor use inside potable water storag& tanks. 4. SUrface Preparation: SSPC-SP 10/NACE 2. 5. PHmer: Series 91 H20 Hydro-Zinc. OFT 2.5 to 3.5 mils. 6; Intermediate Coat: Series N140..1255 Pota-Pox Plus. OFT 4.0 - 6.0 mils. 7. Finish Coat: Series N14015 Bt Pottl-Pox Plus. OFT 4.0 - 6.0 mils. 8. Total OFT: 10.5 - .15.5 mils. 9. Finish Color: 15BL. White. ALTERNATE BID SYSTEM B. Interior, Wet: 1. System Type: Zinc/Epoxy or VR3 Vinyl 2. ANSi/NSF 61 Certified: For use inside potable water storage tanks. 3. Surface Preparation: SSPC-SP 10/NACE 2. 4. Primer: Series 91 H20 Hydro-Zinc. OFT 2.5 to 3.5 mils. 19 5. Finish Coat: Series 141 Pota-Pox 80 OFT 10.0 -12.0 mils. 6. Total OFT: 12.5 -15.5 mils. 7. Finish Color: 15BL White. 2.4 COATING SYSTEM FOR EXTERIOR OF TANK BASE BID SYSTEM - EXISTING SYSTEM REMOVED TO BARE METAL A. Exterior: 1. System Type: EpoXY/Urethane. 2. Surface Preparation: SSPC-SP 6/NACE 3. 3. Primer: Series 66 Hi-Build Epoxoline OFT 2.0 to 4.0 mils. 4. Intermediate Coat: Seriés 66 Hi-Build Epoxoline OFT 2.0 to 4.0 mils. 5. Fipish Coat: Series 7:3U~ndura-Shield OFT 2.0 -- 4.0 mil$. 6. Tòtal OFT: .6.0- 12.0 mils. 7. Finish Color: As seleced by Engineer from manufacrer's standard colors. ALTERNATE BID.SYSTEM - OVERCOAT EXISTING SYSTEM B. Exterior: System TyPe: .Epoxy/Urethane. Surface Preparation: All exterir existng coated surces shall receive a high- pressure wash - 3,000 ~$r at 3.5 gallos per minuteminirnm.Surface Ï$to be clean, dry and fre of contaminant. The Contrctor shall take precautions not to damage or remove tightly adherent paint or prUner in preparing the exteriorsurface of the reservoir for painting. .'f thé p~~ure rating, nCJzzle type and washing distanc for ttie high pres~ure washe,removes tigntly adherent paint or primer,. then thè Contractor shall reduce the prssure and/or change the spraying dlstånc:C!from nozzle to reservoir at the Owner'simrnediate request such that the existing paint systems remains intact. The request and the Contractor's compliance to and performance.òf same shall not be considered achange of condition and as such will not be subjec to any additional monies to the Contractor. AU pited and rusted areas shåll reive a Pòwer Tool Cleaning in accordance with SSPC SP-11. All "popped" or loose paint and rusted areas shall be OA sanded to remove all loose or flaking paint. Spot Prime: Series F.C. Typoxy OFT 3.0 to 5.0 mils. Prime: Series F.C. Typoxy OFT 3.0 to 5.0 mils. Finish Coat: Series 73U Endura-Shield OFT 2.0 - 4.0 mils. Total OFT: 8.0 - 14.0 mils. Finish Color: As selected by Engineer from manufacturer's standard colors 20 . I . 3.5 APPLICATION A. Apply coatings in accordance with manufacturer's instructions. B. Mix and thin coatings, including multi-component materials, in accordance with manufacturer's instructions. C. Keep containers closed. when not in use to avoid contamination. O. Do not use mixed coatings beyond pot life limits. E. Use application equipment, tools, pressure settings, and techniques in accordance with manufacturer's instructions. F. Uniformly apply coatings at spreading rate required to achieve specifed OFT. G. Apply coatings to be free of film characteristics or defects that would adversely affect performnce or appearance of coating systems. H. Stripe paint with brush criical locations on steel such as welds, comers, andedges usingi specied primer. 3.6 DISINFECTION A. Disinféctions of Water Contact Surfaces and Filling of Water Storage Tanks: 1. Do not disinfect water contact surfaces or fill water storage tanks until application of coating systems is complete, coatings have fully cured, andfield. quality control inspection is complete. 2. Allow number of days in accordance with manufactrer's instructions and as directed by Engineer for full cure of coating systems on water contactsurfaces before flushing, disinfecting, or fillhg with water. 3. Disinfections: AWWA C 652 or as direced by Engineer. 3.7 REPAIR A. Damaged Materials: Repair or replac damaged materials and sUrfåces not scheduled to be coated. B. Damaged Coatings: Touch-up or repair damaged coatings. Touch-up of minor damage shall be acceptable where result is not visibly different from adjacent surfåces. Recoat entire surface where touch-up result is visibly different, either in sheen, texture, or color. C. Coating Defects: Repair in accordance with manufacturer's instructions coatings that exhibit filrn characteristics or defects that would adversely affect performance or appearance of coating systems. 21 . 3.8 FIELD QUALITY CONTROL A. Inspectots. Servces: 1. Verify coatings and other materials.are as specified. 2. Verify surface preparatin and appliction areas specified. 3. Verify OFT of each coat and total OFT of each coating sYstem is asspecified using wet film and dry film. gauges. 4. Coating Defects: Check coatings for film characteristics or defects that would adversely affect øerforrancor appearance of coating systems. a. Check for holidays on interior steel immersion surfåces using holiday detector. 5. Report: a. Submit written reports descrbing. inspections made and actions taken to correc nonconforming work. b. RElrt n9nconfonning. WOrk notoorrcted.. c. SUbmitcoplßs of reprt to Engineer and Contrctor. B. Manufacture(s .Field Services:. ManufacturetsrepresentEti"tr.tl~~IIProVide technical assistanc and guidanc fosurfacepreparation and application of coating systems. 3.9 CLEANING A. Remove tempora coverings an proecion of surrunding areas and surfaces. 3.10 PROTECTION OF. COATING SYSTEMS A. Protect .surfaces of coating sYstems frm damage during construction. 3.11 ONE..YEAR INSPEctioN to A. Owner will set date for one-year inspecn of coating systems. B. Inspecon may be attended by Ower, Contractor, Engineer, and manufacturets representative~ C. Repair deficiencies in coating systems as determined by Engineer in accrdance with manufacturets instructions. SCHEDULEB 22 , Contractors Rules for Perfrmance and Conduct The following provide the rules for performance and conduct for contractors performing work on water mains, services and appurtenances in water systems owned by United Water Idaho and those for which it provides contract operations. It is understood that any approved contractor that performs within the guidelines of the specifications and the rules delineated below, win remain on the approval list of contractors and be allowed tobid on developer funded projecs. It is also understood that contractors who fail to meet these specifications and rules will be removed from the list. The rules for performance and conduct fall under six subdivisions, Safety, Materials, Conduct, Contract Violations, Insurance and Unpaid Debits to United Water Idaho. Aside from and in addition to any right to remove a contractor as granted by laY/and aside from and in additin to any provision relating to removal or termination in anycontract executed between the partes, removal of a contractor from the approved list of contractors wil.occur if any of the following occur. SAFETY: · The contractor's Worker's Compensation Experience Modifcation Factor is above 1.25. · In United Waters sole but reasonable discretion, the contractor has operated under unsafe workirl conditions - 1 st .time results in a. warning, 2nd time results iri removal of the conractOr from the approved list. · In United Waters sole but reasonable diScreion, the contractor is operating underlife threatening working conditions witt result in immediate termination of . the contractor from current project and removal of the contractor frornthe approve list. MATERIALS: · The contractor installs non-approved materials in a proje - 1st time results in a warning, '2nd time results in removal of the contractor from the approved list. CONDUCT: · Refusal to. perform as required by the United Water Idaho inspector, contractor is subject to termination frm current projec and. removal of the contractor from the approved list.. Proceeding with project without 48-hour notice - 1 st time results in a warning, 2nd time results in removal of the contractor from the approed list. · The abuse of language or hostile behavior toward United Water Idaho employees,public agency representatives and/or the general public - 1 st time wil, in United Water's sole but reasonable discretion, result in immediate termination of the offending employee from current and future UWID projects, 2nd time results in removal of the contractor from the approved list. 23 -ij · Failure to deliver as-built drawings and service tickets will result in non-acceptance of project. CONTRACT VIOLATIONS: · Failure to comply with any provision. of the contract between United Water Idaho and the contractor. INSURANCE: · Contractor is required to maintain. insurance levels as specified. No work shall be authonzed..if currnt coverage does not meet specified limits. UNPAID DEBTS: · All debts owed to United Water Idaho by the contrctr shall be due and payable on a. 30-day basis.. If the contractor fails to make timely payment, United Water Idaho may remove the contractor from the list of approved contractors. Each.. c:~ntractor. must require .that any subçontractor comply with therequlrenients outlined. herein., and each cø.ntrador must Include appropriate provl,lonSJ which set fonh all of the above Rules for Performalnce and Condnct ineach of its contracf$ with subcontracors working on the Project REVEW AN REINSTATEMENT tJnited'Nater Idaho will conduct annual reviews of existing contractors, new contractors andthe"reinstatemeit of forme,. contractors on an annual basis in December. Warnings win remain in effect for 12 months. Any contractor removed from the list of approved contractors, as delineated above, wil remain off of the list for a minimum of 12 months pnor to consideratiOn forreinstaternt. 24