brwrf building 10 roof repair & coating...project name: brwrf building 10 roof repair and...

44865 Loudoun Water Way Ashburn, Virginia 20146

BRWRF BUILDING 10 ROOF REPAIR & COATING

LOUDOUN WATER IFB NO. 2020-013-BRW.00023

February 21, 2020

Loudoun Water Use Only Version: SF_TOC._Aug 2019

TABLE OF CONTENTS BRWRF BUILDING 10 ROOF REPAIR & COATING

LOUDOUN WATER IFB NO. 2020-013-BRW.00023

- Invitation for Bid

- Bid Form

- Bid Bond Damages Form

- Performance Bond Form

- Payment Bond Form

- General Conditions

- Supplementary Conditions

- Vicinity Map

- Roof Repair and Coating Specification

- Site Pictures

END OF TABLE OF CONTENTS

Invitation for Bid Page 1 of 2

INVITATION FOR BID

PROJECT NAME: BRWRF BUILDING 10 ROOF REPAIR & COATING IFB NO.: 2020-013-BRW.00023

Loudoun County Sanitation Authority (DBA Loudoun Water), the Owner, invites qualified contractors to submit sealed Bids for the aforementioned project. Sealed Bids will be received at the Owner’s office until the date and time given below, at which time they will be opened and read aloud. Bids received after the date and time given below will be returned to the Bidder unopened. The procurement process and the performance of the Contract shall be governed by the provisions of the Virginia Public Procurement Act (VPPA). The Owner intends to award this project to the lowest responsive, responsible bidder, as solely determined by the Owner pursuant to the VPPA. The Owner reserves the right to reject all Bids or negotiate with the lowest responsive, responsible Bidder if the Bid amount exceeds the Owner’s budget. Owner’s office and contact information regarding the Project:

Loudoun Water Attention: Procurement Department 44865 Loudoun Water Way Ashburn, VA 20147 Email: [email protected]

All questions about the meaning or intent of this solicitation are to be submitted to the Owner via the email address given above. Bidders are requested to include the Project name in the subject line of the email. Any interpretations or clarifications considered necessary by Owner will be addressed by addenda posted on the Owner’s website in response to such questions. Questions received less than five days prior to the date of the opening of bids may not be answered. Only questions addressed by addenda will be binding. Oral and other interpretations will be without legal effect. Following is a general description of the Project:

- Repair work as needed to the following items: fascia edges, parapets and vertical surfaces, and metal flashings

- Repair of any blisters, stressed, or cracked membrane - Installation of LiquiTec system for single ply roofs

Following are key dates and time frames for the Bid of the Project:

Bidding Documents posted on the Owner’s website: February 21, 2020 Pre-bid conference at BRWRF (44961 Loudoun Water Way, Ashburn, VA 20147): March 4, 2020 @ 10:00AM

Bids shall be submitted to the Owner’s office by: March 18, 2020 at 2:00 PM

Loudoun Water Use Only Version: SF Inv. Aug 2019

mailto:[email protected]

Invitation for Bid Page 2 of 2

Copies of the Bidding Documents are available online at www.loudounwater.org or may be examined at the Owner’s office on business days 8:00 AM – 5:00 PM.

Pre-Bid Conference Non-mandatory Pre-Bid Conference. While attendance at the pre-bid conference is not a prerequisite to submit a bid, bidders are encouraged to attend the pre-bid conference/job site visit. The purpose of the pre-bid conference is to allow potential bidders an opportunity to present questions, view the job site(s), if applicable, and obtain clarification relative to the solicitation.

http://www.loudounwater.org/

Loudoun Water Bid Form Page 1

BID FORM

PROJECT NAME: BRWRF BUILDING 10 ROOF REPAIR AND COATING LOUDOUN WATER IFB NO.: 2020-013-BRW.00023

This Bid is submitted to: Loudoun County Sanitation Authority, D/B/A Loudoun Water 44865 Loudoun Water Way Ashburn, VA 20147

BIDDER INFORMATION

The Bidder proposes and agrees, if this bid is accepted, to perform all Work as specified or indicated in this solicitation for the prices and within the times indicated in Contract Documents and in accordance with the other terms and conditions of the Contract Documents. The Bidder’s bid price is:

Lump Sum Bid Price: $

Bidder's Company Name:

Bidder's Business Address:

Virginia Contractor’s License No.:

Federal Employer Identification No.:

Phone No.: Fax No.:

Bidder’s contact person:

E-mail address:

Loudoun Water Use Only Version: SF_Bid_Aug 2019


ARTICLE 1 – BIDDER’S REPRESENTATIONS

1.01 In submitting this bid, Bidder represents that: A. Bidder has examined and carefully studied the Contract Documents (Invitation for Bid, this Bid

Form, General Conditions, Supplementary Conditions, Specifications, and Drawings), other related data identified in the Contract Documents, and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all laws and regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all reports and drawings of hazardous environmental conditions, if any, at the Site that have been identified in the Contract Documents.

E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and any Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Bidder’s safety precautions and programs.

F. Based on the information and observations referred to herein, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Contract Documents.

G. 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 Contract Documents.

H. Bidder has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Owner is acceptable to Bidder.

I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this bid is submitted.


ARTICLE 2 – BIDDER’S CERTIFICATION

2.01 Bidder certifies that:

A. 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;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for

the Contract. For the purposes of this Paragraph: 1. “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; 2. “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;

3. “collusive practice” means a scheme or arrangement 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; and

4. “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 of the Contract.

E. The 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. At the end of the 60-day period, the bid may be withdrawn at the written request of the Bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is cancelled.

ARTICLE 3 – TIME OF COMPLETION AND LIQUIDATED DAMAGES

3.01 Bidder agrees that the Work will be complete within the number of calendar days stated below:

Contract Time (Calendar Days)

Liquidated Damages (per diem amount)

60 $100

3.02 Contractor and Owner recognize that time is of the essence as stated in the paragraph above and that Owner will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof which will be included in a change order. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or other dispute resolution 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 as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner the amount given above for each day that expires after the time specified above. In lieu of paying Owner liquidated damages, the Contractor


agrees to the deduction of the liquidated damages from the amount otherwise due to Contractor through Contractor’s payment application. Contractor hereby waives any defense as to the validity of any liquidated damages stated herein on the grounds that such liquidated damages are void as penalties not reasonably related to actual damages.

ARTICLE 4 – PREPARATION AND SUBMISSION OF BIDS

4.01 Bidder’s shall submit their bids in an enclosed envelope clearly marked with the Bidder’s name and Bidder’s address, and the Project name.

4.02 Bids are due by the time and date included in the Invitation for Bid, or as amended by addenda. Bids received after the time and date specified will not be opened.

ARTICLE 5 – ATTACHMENTS TO THIS BID

5.01 The following documents are submitted with and made a condition of this bid: A. For bids greater than $100,000, the Bidder shall include its bid security in the form of a bid

bond (using Loudoun Water’s standard bid bond form) or certified check in the amount of 5% of the Contract Price;

B. Photocopy of Bidder’s Virginia Contractor’s License; C. Description of at least three successful projects, similar in scope to Work included in the

Project, which the Bidder has performed within the past five years. Description shall be typed on Bidder’s company letterhead, and shall include the project owner’s contact names, phone numbers and email addresses; the engineer’s contact names, phone numbers and email addresses; the final contract price; and the contract time.

END OF BID FORM

Attachments to this Bid Form (see 5.01 above)

DAMAGES FORM

Bid Bond (Damages Form, December 2011) This Bid Bond is based upon, but different from, that prepared by the Engineers Joint Contract Documents Committee.

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BID BOND Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable.

BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER:

Loudoun County Sanitation Authority P.O. Box 4000

44865 Loudoun Water Way Ashburn, Virginia 20147 BID Bid Due Date: Description (Project Name and Include Location): BOND Bond Number: Date: Penal sum $ (Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.

Loudoun Water Use Only Version: SF BB. Aug 2019

DAMAGES FORM

Bid Bond (Damages Form, December 2011) This Bid Bond is based upon, but different from, that prepared by the Engineers Joint Contract Documents Committee.

Page 2 of 2

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder any difference between the total amount of Bidder’s bid and the total amount of the bid of the next lowest, responsible Bidder who submitted a responsive bid as determined by Owner for the work required by the Contract Documents, provided that:

1.1 If there is no such next Bidder, and Owner does not abandon the Project, then Bidder and Surety shall pay to Owner the penal sum set forth on the face of this Bond, and

1.2 In no event shall Bidder’s and Surety’s obligation hereunder exceed the penal sum set forth on the face of this Bond.

1.3 Recovery under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Contract Documents (or any extension thereof agreed to in writing by Owner) and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s bid and Bidder delivers within the time required by the Contract Documents (or any extension thereof agreed to in writing by Owner) and any performance and payment bonds required by the Contract Documents, or

3.2 All bids are rejected by Owner, or 3.3 Owner fails to issue a notice of award to Bidder within the time specified in the Contract Documents (or any

extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 6 hereof).

4. The Surety hereby certifies that this Bid Security shall be effective at the time of the subject bid opening.

5. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

6. Surety waives notice of any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the total time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from bid due date without Surety’s written consent.

7. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 5 above is received by Bidder and Surety and in no case later than one year after bid due date.

8. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

9. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

10. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

11. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

12. The term “bid” as used herein includes a bid, offer, or proposal as applicable.

Performance Bond (March 2013) This Bond is based on, but different from, that prepared by the Engineers Joint Contract Documents Committee.

Page 1 of 4

PERFORMANCE BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER: Loudoun County Sanitation Authority

P.O. Box 4000 44865 Loudoun Water Way

Ashburn, VA 20147 CONTRACT Amount: Loudoun Water ID No.: BRW.00023 BOND Bond Number: Date: Amount: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary.

Loudoun Water Use Only Version: SF PB. Aug 2019


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Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, including but not limited to correction of defective Work as required therein, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:

2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner’s right, if any, subsequently to declare a Contractor Default; and

2.2 Owner has declared a Contractor Default and formally terminated Contractor’s right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and

2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract.

3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety’s expense, take one of the following actions:

3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent

contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract

for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or

3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or

2. Deny liability in whole or in part and notify Owner citing reasons therefor.

4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, or if Surety proceeds as provided in Paragraph 3.1, 3.2 or 3.3 and then fails to perform, without further notice Owner shall be entitled to enforce any remedy available to Owner; if Owner accepts the payment tendered by Surety, and the cost and expenses of completing the Project exceed the payment tendered, then Owner may proceed against Contractor for any difference.


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5. After Owner has terminated Contractor’s right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for:

5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor’s Default, and

resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages

caused by delayed performance or non-performance of Contractor.

6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby certifies the bond will be effective as of the date the Contractor signs the Contract. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. If any provision of this Bond is held to be illegal, invalid or unenforceable, such provision shall be fully severable and this Bond shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been part of this Bond, and the remaining provisions of this Bond shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision, or by its severance from this Bond. 11. The failure or refusal of Owner to take any action, proceeding, or step to enforce any remedy or exercise any right under the Contract or the taking of any action, proceeding or step by Owner, acting in good faith upon the belief that same is permitted, shall not in any way release Contractor or Surety, or any of them, or their respective executors, administrators, successors or assigns from liability under this Bond. Surety hereby waives notice of any amendment, indulgence or forbearance made, granted or permitted by Owner.

12. Definitions.

12.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any


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amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract.

12.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto.

12.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract.

12.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof.

End of Bond

FOR INFORMATION ONLY – (Name, Address and Telephone)

Surety Agency or Broker:

Owner’s Representative (Engineer or other party):

Payment Bond (December 2011) This Bond is based on, but different from that prepared by the Engineers Joint Contract Documents Committee.

Page 1 of 4

PAYMENT BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business):

OWNER: Loudoun County Sanitation Authority

P.O. Box 4000 44865 Loudoun Water Way Ashburn, VA 20147

CONTRACT Amount: Loudoun Water ID No: BRW.00023 BOND Bond Number: Date Amount: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary.

Loudoun Water Use Only Version: SF Pay. Aug 2019


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1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference.

2. With respect to Owner, this obligation shall be null and void if Contractor:

2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and

2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default.

3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due.

4. Surety shall have no obligation to Claimants under this Bond until:

4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

4.2 Claimants who do not have a direct contract with Contractor:

1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and

2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and

3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor.

5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance.

6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, with reasonable promptness, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, with reasonable promptness, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or part of a claim shall not be deemed to be an admission of liability to the Surety as to such claim or otherwise constitute a waiver of the Contractor’s or Surety’s defenses to, or right to dispute, such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond.

7. Surety’s total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety.


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8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner’s priority to use the funds for the completion of the Work.

9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

10. Surety hereby certifies the bond will be effective as of the date the Contractor signs the Contract. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations.

11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.

13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. If any provision of this Bond is held to be illegal, invalid or unenforceable, such provision shall be fully severable and this Bond shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been part of this Bond, and the remaining provisions of this Bond shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision, or by its severance from this Bond.

14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made.

15. The failure or refusal of Owner to take any action, proceeding, or step to enforce any remedy or exercise any right under the Contract or the taking of any action, proceeding or step by Owner, acting in good faith upon the belief that same is permitted, shall not in any way release Contractor or Surety, or any of them, or their respective executors, administrators, successors or assigns from liability under this Bond. Surety hereby waives notice of any amendment, indulgence or forbearance made, granted or permitted by Owner.

16. Definitions

16.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms “labor, materials or equipment” that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished.


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16.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto.

16.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof.

End of Bond FOR INFORMATION ONLY – (Name, Address, and Telephone)

Surety Agency or Broker:

Owner’s Representative (Engineer or other):

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General Conditions

1. Definitions and Terminology Contractor—The individual or entity with whom Owner has awarded the Contract.

The term “Bidder” is used herein to refer to the individual or entity to whom the Owner intends to award the Contract.

Contract Documents—The Contract Documents include the purchase order, the Bid Form (which identifies all addenda), the General Conditions, the Supplementary Conditions, Change Orders (if any, issued during construction), Payment Bond (if required), and Performance Bond (if required). Note the Supplementary Conditions may list additional documents, such as specifications and drawings, which are included under the term “Contract Documents.”

Contract Price—The amount stated on the purchase order, which may reference the bid, payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents.

Contract Times—The number of days or the dates stated in the Contract Documents to achieve milestones (if any) and completion of the Work.

Engineer—The individual or entity that prepared the drawings and/or specifications for the project.

Project—The total construction or provision of which the Work to be performed under the Contract Documents may be the whole, or a part.

Owner—The Loudoun County Sanitation Authority, also known as Loudoun Water, whose address is 44865 Loudoun Water Way, Ashburn, Virginia 20147.

Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor.

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 Subcontractor.

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, tools, equipment, appurtenances, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

Loudoun Water Use Only Version: SF_GC_Aug 2019

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2. Preliminary Matters Insurance; Bonds. Upon receipt of the Contractor’s certificate of insurance and

payment and performance bonds (if bonds are required), the Owner will issue a purchase order to the Contractor.

Commencement of Contract Times. The Contract Times will commence on the day specified in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after issuance of the purchase order.

Before Commencing Work. Before commencing work or providing materials or equipment to the Site, Contractor and Owner shall meet to discuss schedules and coordination of the Work. Contractor shall provide its project schedule that shows dates and durations for the Work, and its schedule of values that shows the values for the various components of the Work.

Electronic Transmittals. All requests for clarification (RFCs), shop drawings, submittals, and change orders shall be submitted electronically through ProCore®, the Owner’s web-based project management software.

3. Contract Documents Conflict Resolution. In resolving inconsistencies or discrepancies among two or

more sections of the Contract Documents, precedence shall be given in the following order: Change Orders, Supplementary Conditions, General Conditions, Bid Form, Specifications, Drawings, Loudoun Water’s Engineering Design Manual (EDM), Escrow Agreement, and the purchase order. Figure dimensions shall take precedence over scale dimensions.

Intent. The intent of the Contract Documents is to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. Further, the Contract Documents are complementary; what is required by one is as binding as if required by all.

Standards, Codes, Laws, and Regulations. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, laws or regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. All Work shall conform to the Engineering Design Manual (EDM), which is available at www.loudounwater.org.

Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify all figures therein and all field measurements. Contractor shall promptly give notice to Owner and Engineer of

http://www.loudounwater.org/

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any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Owner before proceeding with any Work affected thereby by timely submitting a request for clarification.

4. Site Conditions If Contractor believes that any subsurface condition; physical condition; or

hazardous environmental condition, including, but not limited to asbestos, PCBs, or hydrocarbons is uncovered or revealed, and same could not have been discovered previously in the exercise of due diligence, Contractor shall stop the work immediately, secure the area, and notify the Owner. For materials considered hazardous, the Owner will have the material identified and will provide direction to the Contractor. Any additional cost and any additional time required for the removal will be included in a change order, exclusive of the damages for the delay. For other (non-hazardous) Site conditions, the Owner will provide direction accordingly, which may include a change order for additional change to Contract Price and Contract Time.

If asbestos abatement is included as a part of the Work, the Contractor shall ensure the asbestos abatement work is accomplished by a licensed asbestos subcontractor. The asbestos subcontractor shall name the Owner as an additional insured on its liability insurance policy. The Contractor shall provide a copy of the insurance policy to the Owner.

Hazardous Chemical Communication Program. Pursuant to 29 CFR1910.119, the Owner advises that certain Owner facilities have hazardous chemicals, and Contractor personnel may be exposed to these hazardous chemicals while working at the Owner’s facilities. A written Hazard Communication Program has been developed to inform personnel of the specific hazardous chemicals at the site, and the related safety information, including protective measures, precautions, and procedures that are to be implemented. The Hazard Communications Program, including the safety data sheets for each hazardous chemical, is available and may be obtained upon request. The Contractor is responsible for communicating the information contained in the safety data sheets to its personnel.

5. Bonds and Insurance Performance and Payment Bonds. For all projects where the Contract Price is

greater than $100,000, Bidder shall—within five days of the notice of award—furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. These bonds shall remain in effect until completion of the correction period, except as provided otherwise by the Contract Documents or other Laws or Regulations. The surety shall be licensed to transact business in Virginia. Standard bond forms, if required, will be on forms included in the Contract Documents.

Insurance—General Requirements. By submitting its bid under this solicitation, the Bidder certifies that, if advised of the Owner’s intent to award the Contract to

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the Bidder, the Contractor shall purchase and maintain Worker’s Compensation, Commercial General Liability, and other insurance pursuant to the specific requirements of this Article 5 and the Supplementary Conditions and will provide its evidence of insurance prior to the issuance of the purchase order. The policies of insurance required shall: 1. include at least the specific coverages required; 2. be written for not less than the limits specified, or those required by Laws or

Regulations, whichever is greater; 3. cover claims under workers’ compensation, disability benefits, and other

similar employee benefit acts; 4. cover claims for damages because of bodily injury, occupational sickness or

disease, or death of Contractor’s employees; 5. cover claims for damages because of bodily injury, sickness or disease, or death

of any person other than Contractor’s employees; 6. cover claims for damages insured by personal injury liability coverage which

are sustained: by any person as a result of an offense directly or indirectly related to the

employment of such person by Contractor, or by any other person for any other reason;

7. cover claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom;

8. cover claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle; and

9. cover claims arising out of operation of Laws or Regulations for damages because of bodily injury or death or any person or for damage to property

10. be written on an occurrence basis, stating that coverage is primary to all other coverage Owner may possess;

11. for automobile liability insurance, be written with a symbol “1” to provide for owned, hired, and non-owned coverage;

12. for excess liability insurance, be written such that the insurance is excess over automobile liability, general liability, and employer’s liability, and shall, at a minimum, follow the coverage form in the underlying primary policies;

13. remain in effect at least until the Work is complete, and longer if expressly required elsewhere in this Contract, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract;

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14. 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;

15. include all necessary endorsements to support the stated requirements; and 16. include completed operations coverage:

Such insurance shall remain in effect for two years after final payment. Contractor shall furnish Owner and each other additional insured identified

in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter.

Additional Insureds: The Contractor’s commercial general liability, automobile liability, employer’s liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies, if required by this Contract, shall: 1. include and list as additional insureds Owner and Engineer, 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.

Builder’s Risk and Other Property Insurance. Builder’s Risk or other property insurance requirements, if necessary, will be given in the Supplementary Conditions.

Property Losses; Waiver of Rights 1. All policies will protect Owner, Contractor, Subcontractors, and all other

individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage, the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Contractor hereby agrees to waive any rights Contractor may have against the Owner, Engineer, Subcontractor(s), suppliers of any portion of the Work, and any bondholders, for any damage to the Work, even if caused by the negligence

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of the Owner, Engineer, Subcontractor(s), suppliers of any portion of the Work, or any bondholders.

2. 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.

Receipt and Application of Insurance Proceeds 1. Any insured loss under the policies of insurance required herein will be adjusted

with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and the requirements herein. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor and by appropriate agreement, written where legally required for validity, and shall require each Subcontractor to make payments to each sub-Subcontractor in a similar manner. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order.

2. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner’s exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties.

6. Contractor’s Responsibilities Contractor’s Means and Methods. Contractor shall be solely responsible for the

means, methods, techniques, sequences, and procedures of construction, unless such means, methods, techniques, sequences (including constraints), or procedures are specified in the Contract Documents.

Supervision and Superintendence. 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 strict accordance with the Contract Documents. At all times during the progress of the

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Work, Contractor shall assign a competent resident superintendent who shall not be replaced without Notice to Owner except under extraordinary circumstances

Services, Materials, and Equipment 1. 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.

2. All materials and Equipment incorporated into the Work shall be as specified or, if not specified, shall be of excellent 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.

3. No materials or supplies for the Work shall be purchased by the Contractor or by any subcontractor subject to any chattel mortgage or under a conditional sales or other agreement by which an interest is retained by the seller. The Contractor warrants that it has clear title to all materials, equipment, and supplies provided under the Contract.

Project Schedule. Contractor shall prepare a bar-chart schedule showing how the Contractor intends to perform the Work within the Contract Time. The schedule shall include the critical path through the work.

“Or equal” Provision. Whenever an item of material or Equipment, product, device, fixture, form, system, type of construction, standard, or other item (collectively known hereafter as “item”) 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. The specification or description of such item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item or no substitution is permitted, other items of other Suppliers may be submitted to Owner for review. The Owner, in its sole discretion, will determine whether such other products are equal to that specified.

Subcontractors and Suppliers 1. All Work performed for Contractor by a Subcontractor or Supplier will be

pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.D, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss

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payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same.

2. Contractor shall be fully responsible to Owner for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: a. 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

b. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations.

Permits. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work. Contractor shall pay all charges of utility owners for connections for providing permanent service to the Work, and Owner shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees.

Laws and Regulations 1. 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, Owner shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations.

2. If Contractor performs any Work that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, fines, penalties, fees and charges of any regulatory or governmental body, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. The Contractor shall not be responsible for ensuring that the Specifications and Drawings are in accordance with Laws and Regulations.

3. This Contract and all subcontracts are subject to the provisions of Articles 3 and 5, Title 40.1, Code of Virginia, relating to the labor unions and the “right to work.” The Contractor and its Subcontractors, whether residents or non-

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residents of the Commonwealth, who perform any Work related to the Project shall comply with all said provisions.

4. Employment of Aliens. It shall be the responsibility of the Contractor to comply and to require compliance by others on the Project with all federal, state and local laws dealing with employment of aliens, including, but not limited to, the requirements and prohibitions provided in the Immigration and Nationality Act (INA) of 1952, as amended, and the Immigration Reform and Control Act (IRCA) of 1986, as amended, which control employment of unauthorized aliens.

5. Employment Discrimination. During the performance of this Contract, the Contractor agrees as follows:

The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer.

Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this subparagraph.

6. Drug-Free Workplace. During the performance of this Contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000.00, so that the provisions will be binding upon each Subcontractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of Work done in connection with the Contract awarded to the Contractor in accordance with Virginia Code Section 2.2-4312, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, possession, or use of any controlled substance or marijuana during the performance of the Contract. The Contractor shall also establish, maintain and enforce policies which prohibit the following acts by all Subcontractor and Supplier personnel at the Site: (1) the

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manufacture, distribution, dispensation, possession, or use of alcohol, marijuana or other drugs, except possession and medically prescribed use of prescription drugs; and (2) the impairment of judgment or physical abilities due to the use of alcohol, marijuana or other drugs, including impairment from prescription drugs.

7. Virginia State Corporation Commission. The Contractor shall maintain a valid certificate of authority or registration to transact business in Virginia with the Virginia State Corporation Commission as required by Section 13.1 of Title 50 of the Code of Virginia, during the term of the Contract or any Contract renewal. The Contractor shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth to be revoked or cancelled at any time during the terms of the Contract.

8. Labeling of Hazardous Substances. If the items or products provided under this Contract are “hazardous substances” as defined by the Code of Virginia or Section 1261 of Title 15 of the United States Code, the Contractor shall ensure these “hazardous substances” are properly labeled as required by the aforementioned sections and that the Contractor does not violate any of the prohibitions of the Code of Virginia or Title 15 U.S.C., Section 1263.

Taxes. 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, which includes local business taxes. For questions regarding Loudoun County’s local business tax, contact the Loudoun County Commissioner of the Revenue’s office at 703-777-0260.

Limitations on Use of Site and Other Areas. Contractor shall confine construction equipment, the storage of materials and Equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or Equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. Should any claim be made by any such owner or occupant arising from or related to the performance of the Work by Contractor or by anyone for whom the Contractor is responsible, Contractor shall promptly act to correct the claimed damages, or settle with such owner or occupant.

Removal of Debris: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. Contractor shall clean the Site prior to completion of the Work.

Safety and Protection. 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,

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nor for compliance with applicable safety Laws and Regulations, including, but not limited, to the Occupational Safety and Health Administration (OSHA) and the Virginia Occupational Safety and Health (VOSH) Compliance Program. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to all persons on the Site or who may be affected by the Work; and other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. Contractor shall maintain all passageways, guard fences, guide rails, lights and facilities for protection required by public authority or local conditions.

General Warranty and Guarantee. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by Owner; 2. payment by Owner of any progress or final payment; 3. use or occupancy of the Work or any part thereof by Owner; 4. any review and approval of a Shop Drawing or Sample or the issuance of a

Notice of acceptability by Owner or Engineer; 5. any inspection, test, or approval by others; or 6. any correction of defective Work by Owner.

Indemnification. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any 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, regardless of whether or not it is caused in part by a party indemnified hereunder.

Use of Loudoun Water Facilities Prohibited. Contractor shall be responsible for providing rest room and other facilities for its employees, and shall be prohibited from using Loudoun Water facilities.

7. Other Work at the Site. If Owner contracts with others for the performance of other work on the Project at the Site, or an adjacent property, the Owner will be responsible for

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coordination of the various contractors. Contractor shall cooperate with Owner and Owner’s requests relating to coordination.

8. Owner’s Responsibilities Inspections, Tests, and Approvals. The Owner reserves the right to conduct

inspections and testing of the Work, with its own forces or with that of a third-party, as the Owner deems is necessary to better ensure compliance with the Contract requirements and for approval of the Work. Such tests may include, but not be limited to, those outlined in the EDM.

Owner’s Representatives. The Owner will, with its own forces, administer the Contract. The Owner will appoint a Project Manager for administration of the Contract, and to receive and issue notices on behalf of Owner, issue and process change orders, review RFCs and provide responses, and review submittals for compliance with the Contract requirements.

Visits to Site. Owner may make visits to the Site at intervals appropriate to the various stages of construction as Owner deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Owner will determine, in general, if the Work appears to be proceeding in accordance with the Contract Documents. Owner will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work.

Electronic Communications. The Owner will serve as the ProCore® administrator, will maintain the ProCore® license and software for use by all parties, and will provide training guidance to the Contractor regarding the use of ProCore®.

9. Engineer’s Role during Construction The Engineer’s role during construction, if any, will be identified in the

Supplementary Conditions.

10. Changes in the Work 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 to the Work by a change order, which shall be priced pursuant to Article 11. Such change order shall include an adjustment to Contract Times if necessary for performance of additional Work.

If the Owner and Contractor are unable to agree on the change order price, the Owner may direct the work be performed on a time and material basis. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents, and submit its time and material costs pursuant to Article 11.

If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both,

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associated with a change order; or are unable to agree to the terms of a change order; or where the Contractor has expressed a reservation of rights beyond that included in the change order, the Owner may, in its sole discretion, modify unilaterally the Work, the change to Contract Price or Contract Times as it may deem appropriate through the issuance of a Unilateral Change Order (UCO).

11. Change Order Pricing Mechanisms Negotiated pricing: Change to Contract Price that is negotiated and agreed-to

between the parties. The Contractor agrees to itemize its proposed change order pricing into labor, materials and equipment provided, equipment used to perform the additional work, and 15% mark-up (total) for overhead and profit.

Time and Material: The actual cost to perform additional Work, which shall be substantiated by daily work tickets. The equipment rates shall be the rates provided on equipmentwatch.com. Idle time is not compensable. Project management time, office management time, and the time for corporate officers is not compensable.

Unit Price: The change to contract price based upon pre-established unit prices.

12. Claims. If the Contractor is of the opinion that it is due additional compensation above the Contract Price or additional Contract Time for work that is (i) outside the scope of Work, (ii) because of any action or inaction by the Owner or another utility, or (iii) the result of delays from weather or unforeseen conditions, Contractor shall document its position in a notice of claim to the Owner, which shall be submitted within three days of the event giving rise to the claim. The responsibility to substantiate a claim shall rest solely and exclusively with Contractor. Strict compliance with the provisions of this Article, including all notice and submittal requirements, shall be a condition precedent to the assertion of any claim, and any claim not presented as required by the provisions of this Article shall be barred. Compliance with such requirements, however, shall not create any presumption of the validity of such claim. The Owner will issue its final decision in response to the Contractor’s notice of claim within 14 days of receipt of the Contractor’s notice of claim.

13. Tests and Inspections Tests by Contractor; Owner Access for Observing Tests and Conducting

Inspections. Certain tests and inspections, including but not limited to, pipe pressure tests, leakage tests, and vacuum tests will be performed by Contractor and witnessed by the Owner. Contractor shall provide safe access to the Work for the Owner for inspecting the Work and witnessing the testing, and shall coordinate and cooperate with the Owner, which includes providing at least three days written notice to the Owner.

Third-party Testing. Certain testing, most notably materials testing, will be performed by a third party, either under a direct contract with the Owner or under a subcontract with the Contractor. Contractor shall provide safe access for, and coordinate with, the third party testing agency, regardless of whether the third party testing agency is under contract with the Owner or Contractor.

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14. Correction Period. The Contractor warrants its Work to be free of defects for one year following completion, and upon notice by the Owner during the correction period, the Contractor will repair or replace the defective (or non-functioning) Work within seven days of the Owner’s notice. The correction period is also known as the warranty period.

15. Payments to Contractor and Completion Contractor shall submit its payment application, on a form provided by Owner,

within five days following the end of the month for Work performed during the month in which the Contractor is requesting payment. The Owner will review the payment application and either approve it for payment or reject it with reasons cited. The payment application shall (1) include backup invoices to substantiate the requested amount and (2) be based upon the Contractor’s schedule of values or unit price schedule. After approval by the Owner, the Contractor will submit its payment application electronically to the Owner via email to [email protected]. The Owner will process the Contractor’s payment application and transfer the payment to the Contractor electronically within 28 days of receipt of the Contractor’s payment application. Prior to completion, the Owner will deduct 5% retainage from each payment application.

Following the Contractor’s first payment application, Contractor shall include a partial release of liens and claims on a form provided by the Owner. The Contractor’s final payment application shall include a final release of liens and claims on a form provided by the Owner.

Right to Withhold Payment or Portion Thereof. The Owner reserves the right to withhold progress payments or a portion thereof if: 1. the Work is not proceeding according to the requirements of the Contract

Documents; 2. the project schedule, schedule of values, and schedule of submittals have not

been accepted by Owner; 3. the Contractor has not satisfied the conditions precedent to payment; 4. claims have been made or threatened against Owner on account of Contractor’s

performance or furnishing of the Work, or Owner has incurred costs, losses, or damages resulting from 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;

5. there are other items entitling Owner to a set-off against the amount included in the payment application;

6. the Work is defective, or completed Work has been damaged, requiring correction or replacement;

7. Owner has determined, in Owner’s sole discretion, that the remaining balance will not cover the cost to perform the remaining Work; or

8. Contractor has failed to provide and maintain required bonds and insurance.

mailto:[email protected]

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Payment of Subcontractors. After the Owner has paid the Contractor, the Contractor shall take one of the following actions within seven (7) days after receipt of payment: 1. Pay the Subcontractor or Supplier for the proportionate share of the total

payment received from the Owner attributable to the Work performed by the Subcontractor or Supplier.

2. Notify the Owner and Subcontractor, in writing, that the Contractor will withhold all or a part of the Subcontractor’s payment with the reason for nonpayment.

Subcontract Provisions. Pursuant to the Code of Virginia, Section 2.2-4354, the Contractor shall include the following requirements in its subcontracts. 1. Contractor shall pay interest of 1 percent per month to Subcontractors on any

amounts owed by Contractor that remain unpaid after seven (7) days following receipt by Contractor of payment from Owner, except for amounts which Owner has notified Contractor are being withheld.

2. Contractor shall include in each of its subcontracts a provision requiring each Subcontractor to include the payment and interest provisions in paragraphs C and D above in its subcontracts.

Contract Completion. The completion requirements for the project are included on the Contractor’s bid form. Certain contracts may include completion requirements, with liquidated damages associated with each. Retainage shall be released to the Contractor as part of the Contractor’s final payment application.

Interest. All moneys not paid when due as provided in Article 15 of the General Conditions shall bear interest at the rate of 0.01 percent per annum

16. Suspension of Work and Termination Suspension of Work. At any time, the Owner has the right to suspend performance

of the Work, or a defined portion thereof, if the Owner determines, in the Owner’s sole discretion, that it is in the Owner’s best interests to do so. Such suspension shall be accomplished by notice to Contractor specifying the extent of suspension and the effective date. If determined necessary by Owner, the notice of suspension shall advise Contractor why the Work, or defined portion thereof, is being suspended. If the notice of suspension was issued because of circumstances beyond the Contractor’s control, and through no act or fault of the Contractor, the term of the suspension shall be no more than 90 consecutive days unless agreed to by the Parties. Upon receipt of such Notice of suspension, the Contractor shall immediately, to the extent of the suspension: 1. stop Work; 2. place no further subcontracts or other orders for materials or services related to

the suspended Work; and 3. issue Notice of suspension of Work to all affected Subcontractors to the extent

of such suspension.

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The Owner may, in its sole discretion, convert the suspension of the Work to a termination for convenience.

17. Dispute Resolution. Whenever the Contractor disagrees with the Owner’s final decision on a claim under Article 12, Contractor’s sole right of appeal shall be by filing, within six (6) months of date of the Owner’s final decision, litigation in either the Circuit Court of Loudoun County, Virginia or the United States District Court for the Eastern District of Virginia, Alexandria Division. These two courts shall have exclusive and binding jurisdiction and venue over any and all claims arising under the Contract for which the Owner’s final decision is appealed by the Contractor. The parties voluntarily waive any and all rights to trial by jury. The fact finder shall be the Court, sitting without a jury.

18. Miscellaneous Owner an Agency of the Government. Contractor acknowledges that Owner is an

agency of the Government and as such its property is immune from mechanic’s liens. The Contractor hereby waives any and all mechanic’s lien rights it may purport to have, and agrees that it shall neither file nor assert any such lien claim. The Contractor shall indemnify and hold Owner harmless in the event of the filing of a mechanic’s lien by any third party related to the performance of the Work, including but not limited to all attorneys’ fees and costs incurred by the Owner in the defense or removal of such lien.

Fines and Penalties. Contractor shall be solely liable for, and shall reimburse the Owner for, any and all fines which may be levied by any governmental authority against the Owner and/or the Contractor which are resulting from Contractor’s operations. The Contractor consents to deduction of any fines and penalties, which are resulting from the Contractor’s operations and levied against the Owner, from the Contractor’s payment application.

Controlling Law 1. This Contract shall be governed by the laws of the Commonwealth of Virginia,

including the Virginia Public Procurement Act (VPPA), Title 2.2, Chapter 43, Code of Virginia 1950 as amended.

2. 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, which 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.

Time is of the Essence. Contractor agrees that time is of the essence in the performance of its obligations under these Contract Documents.

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Supplementary Conditions PREFACE These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions, unless modified or redefined herein. 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 thereto.

SC-3A The Contract Documents include these Supplementary Conditions, and the following:

Vicinity and Site Map

Roof Repair and Coating Specification

Site Pictures

SC-5B The Contractor shall provide insurance coverage in the amounts given below:

Coverage Amount

Workers’ Compensation: Statutory Employers’ Liability: $100,000 each person Commercial General Liability: $1,000,000 each occurrence →with a combined single limit of: $2,000,000 annual aggregate Commercial Automobile Liability: $1,000,000 each occurrence Excess Liability Insurance: →with a combined single limit of:

$1,000,000 each occurrence $2,000,000 annual aggregate

Loudoun Water Use Only Version: SF_SC_Aug 2019

VICINITY MAP

LOUDOUN WATER CAMPUS

N

LOUDOUN WATER CAMPUS

N

BUILDING 10

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ROOF REPAIR AND COATING SPECIFICATION

PART 1 GENERAL

1.1 SECTION INCLUDES

A. Single Ply Roof Restoration

1.2 SCOPE OF WORK

A. BRWRF Building 10: Contractor shall be responsible for repairing all fascia edges, parapets and vertical surfaces, metal flashings, and any blisters, stressed or cracked membrane. Following repairs, Contractor shall install the LiquiTec system in accordance with this specification.

1.3 REFERENCES

A. ASTM C 92 - Standard Test Methods for Sieve Analysis and Water Content of Refractory Materials

B. ASTM C 920 - Standard Specification for Elastomeric Joint Sealants.

C. ASTM C 1250 - Standard Test Method for Nonvolatile Content of Cold Liquid-Applied Elastomeric Waterproofing Membranes.

D. ASTM D 92 - Standard Test Method for Flash and Fire Points by Cleveland Open Cup Tester.

E. ASTM D 93 - Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester.

F. ASTM D 522 – Standard Test Methods for Mandrel Bend Test of Attached Organic Coatings

G. ASTM D 562 - Standard Test Method for Consistency of Paints Measuring Krebs Unit (KU) Viscosity Using a Stormer-Type Viscometer.

H. ASTM D 570 – Standard Test Method for Water Absorption of Plastics

I. ASTM D 624 - Standard Test Method for Tear Strength of Conventional Vulcanized Rubber and Thermoplastic Elastomers

J. ASTM D 1002 - Standard Test Method for Apparent Shear Strength of Single-Lap-Joint Adhesively Bonded Metal Specimens by Tension Loading (Metal-to-Metal).

K. ASTM D 1475 - Standard Test Method For Density of Liquid Coatings, Inks, and Related Products.

L. ASTM D 1876 - Standard Test Method for Peel Resistance of Adhesives (T-Peel Test).

M. ASTM D 2196 - Standard Test Methods for Rheological Properties of Non-Newtonian Materials by Rotational (Brookfield type) Viscometer.

N. ASTM D 2240 - Standard Test Method for Rubber Property-Durometer Hardness.

O. ASTM D 2369 - Standard Test Method for Volatile Content of Coatings.

P. ASTM D 3960 - Standard Practice for Determining Volatile Organic Compound (VOC) Content of Paints and Related Coatings.

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Q. ASTM D 4073 – Standard Test Method for Tensile-Tear Strength of Bituminous Roofing Membranes

R. ASTM D 4212 - Standard Test Method for Viscosity by Dip-Type Viscosity Cups.

S. ASTM D 5420 - Standard Test Method for Impact Resistance of Flat, Rigid Plastic Specimen by Means of a Striker Impacted by a Falling Weight (Gardner Impact).

T. ASTM D 5602 – Standard Test Method for Static Puncture Resistance of Roofing Membrane Specimens

U. ASTM D 5635 – Standard Test Method for Dynamic Puncture Resistance of Roofing Membrane Specimens

V. ASTM D 7897 – Standard Practice for Laboratory Soiling and Weathering of Roofing Materials to Simulate Effects of Natural Exposure on Solar Reflectance and Thermal Emmittance

W. ASTM E 1980 - Standard Practice for Calculating Solar Reflectance Index of Horizontal and Low-Sloped Opaque Surfaces

X. ASTM G 21 - Standard Practice for Determining Resistance of Synthetic Polymeric Materials to Fungi.

Y. National Roofing Contractors Association (NRCA) - Roofing and Waterproofing Manual.

1.4 SYSTEM DESCRIPTION

A. Single Ply Roof Restoration Renovation: work includes: 1. Surface preparation: Remove membrane chalking, dust, dirt, and debris. 2. Fascia Edges: Inspect and make repairs to membrane 3. Parapets and Vertical Surfaces: Inspect and make repairs to any splits or membrane

deterioration. 4. Metal Flashings: Repair/Replace metal flashings, pitch pockets, etc. 5. Roof Repairs: Repair blisters, stressed or cracked membrane. Cut back, patch with

new membrane 6. Install Base Coat and fabric reinforcement on flashings and entire roof surface. Let

cure, and top coat flashings and entire roof surface.

1.5 SUBMITTALS

A. Product Data: Manufacturer's data sheets on each product to be used, including: 1. Preparation instructions and recommendations. 2. Storage and handling requirements and recommendations. 3. Installation methods.

B. Shop Drawings: Submit shop drawings including installation details of roofing, flashing, fastening, insulation and vapor barrier, including notation of roof slopes and fastening patterns of insulation and base modified bitumen membrane, prior to job start.

C. Verification Samples: For each product specified, two samples, minimum size 6 inches (150 mm) square, representing actual product, and color.

D. Manufacturer's Certificates: Certify products meet or exceed specified requirements.

E. Closeout Submittals: Provide manufacturer's maintenance instructions that include recommendations for periodic inspection and maintenance of all completed roofing work. Provide product warranty executed by the manufacturer. Assist Owner in preparation and

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submittal of roof installation acceptance certification as may be necessary in connection with fire and extended coverage insurance on roofing and associated work.

1.6 QUALITY ASSURANCE

A. Perform Work in accordance with NRCA Roofing and Waterproofing Manual.

B. Manufacturer Qualifications: Manufacturer: Company specializing in manufacturing products specified in this section with documented ISO 9001 certification and minimum twelve years and experience.

C. Installer Qualifications: Company specializing in performing Work of this section with minimum five years documented experience and a certified Pre-Approved Garland Contractor.

D. Installer's Field Supervision: Maintain a full-time Supervisor/Foreman on job site during all phases of roofing work while roofing work is in progress.

E. Product Certification: Provide manufacturer's certification that materials are manufactured in the United States and conform to requirements specified herein, are chemically and physically compatible with each other, and are suitable for inclusion within the total roof system specified herein.

F. Source Limitations: Obtain all components of roof system from a single manufacturer. Secondary products that are required shall be recommended and approved in writing by the roofing system Manufacturer. Upon request of the Architect or Owner, submit Manufacturer's written approval of secondary components in list form, signed by an authorized agent of the Manufacturer.

1.7 PRE-INSTALLATION CONFERENCE

A. Convene a pre-roofing conference approximately two weeks before scheduled commencement of roofing system installation and associated work.

B. Require attendance of installers of deck or substrate construction to receive roofing, installers of rooftop units and other work in and around roofing which must precede or follow roofing work including mechanical work, Architect, Owner, roofing system manufacturer's representative.

C. Objectives include: 1. Review foreseeable methods and procedures related to roofing work, including set up

and mobilization areas for stored material and work area. 2. Tour representative areas of roofing substrates, inspect and discuss condition of

substrate, roof drains, curbs, penetrations and other preparatory work. 3. Review structural loading limitations of deck and inspect deck for loss of flatness and

for required attachment. 4. Review roofing system requirements, Drawings, Specifications and other Contract

Documents. 5. Review and finalize schedule related to roofing work and verify availability of

materials, installer's personnel, equipment and facilities needed to make progress and avoid delays.

6. Review required inspection, testing, certifying procedures. 7. Review weather and forecasted weather conditions and procedures for coping with

unfavorable conditions, including possibility of temporary roofing. 8. Record conference including decisions and agreements reached. Furnish a copy of

records to each party attending.

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1.8 DELIVERY, STORAGE, AND HANDLING

A. Deliver and store products in manufacturer's unopened packaging with labels intact until ready for installation.

B. Store all roofing materials in a dry place, on pallets or raised platforms, out of direct exposure to the elements until time of application. Store materials at least 4 inches above ground level and covered with "breathable" tarpaulins.

C. Stored in accordance with the instructions of the manufacturer prior to their application or installation. Store roll goods on end on a clean flat surface. No wet or damaged materials will be used in the application.

D. Avoid stockpiling of materials on roofs without first obtaining acceptance from the Architect/Engineer.

E. Storage temperatures should be between 60°F to 80°F (15.6° to 26.7°C) and not exceed 110°F (43.3°C). Indoor ventilated storage is recommended Ensure jobsite storage is in a shaded and ventilated area. Do not store in direct sunlight. Keep materials away from open flame or welding sparks.

1.9 PROJECT CONDITIONS

A. Maintain environmental conditions (temperature, humidity, and ventilation) within limits recommended by manufacturer for optimum results. Do not install products under environmental conditions outside manufacturer's absolute limits.

B. Weather Condition Limitations: Do not apply roofing system during inclement weather or when precipitation is expected.

C. Proceed with roofing work only when existing and forecasted weather conditions will permit unit of work to be installed in accordance with manufacturer's recommendations and warranty requirements.

D. Do not expose materials vulnerable to water or sun damage in quantities greater than can be weatherproofed during same day.

E. When applying materials with spray equipment, take precautions to prevent over spray and/or solvents from damaging or defacing surrounding walls, building surfaces, vehicles or other property. Care should be taken to do the following: 1. Close air intakes into the building. 2. Have a dry chemical fire extinguisher available at the jobsite. 3. Post and enforce "No Smoking" signs.

F. Avoid inhaling spray mist; take precautions to ensure adequate ventilation.

G. Protect completed roof sections from foot traffic for a period of at least 48 hours at 75 degrees F (24 degrees C) and 50 percent relative humidity or until fully cured.

H. Take precautions to ensure that materials do not freeze.

I. Minimum temperature for application is 50°F (10°C) and rising.

1.10 WARRANTY

A. Upon completion of the work, provide the Manufacturer's written and signed limited labor and materials Warranty, warranting that, if a leak develops in the roof during the term of this warranty, due either to defective material or defective workmanship by the installing

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contractor, the manufacturer shall provide the Owner, at the Manufacturer's expense, with the labor and material necessary to return the defective area to a watertight condition. 1. Warranty Period:

a. 5 plus 5 plus 5 plus 5 (20 years): 5 years from date of acceptance plus 5 additional years after inspections performed by Garland for each of the 3 warranty renewal periods.

A. Installer is to guarantee all work against defects in materials and workmanship for a period indicated following final acceptance of the Work. 1. Warranty Period:

a. 2 years from date of acceptance.

1.11 CONTRACTOR QUALIFICATIONS

A. The Contractor shall have a minimum of three (3) successful projects, similar in scope of work included in this project, which the Contractor has performed within the past five years.

B. Manufacturer’s authorized representative who is trained and approved for installation of the material for this project.

1.12 CONSTRAINTS

A. All work at the site shall take place during regular working hours on working days.

1. Regular working hours: 7:00AM – 3:00PM, Monday – Friday, excluding major holidays.

B. The Contractor’s work shall not interfere with Owner’s normal operation of the BRWRF.

PART 2 PRODUCTS

2.1 MANUFACTURERS

A. Products specified within this specification shall be manufactured by the following, no “or equal”: 1. The Garland Company, Inc.

B. When the Project is in progress, the roofing system manufacturer will provide the following at no expense to the Owner: 1. Job site inspections to be performed in person no less than 3 out of every 5 workdays

by an on site full-time employee of roofing membrane manufacturer. Employee will possess minimum of 4 years continuous, full time employment history with manufacturer.

2. Provide weekly written observation reports and photographic evidence from the Technical Representative indicating procedures followed, weather conditions and any discrepancies found during inspection.

3. Provide a final report from the Technical Representative, certifying that the roofing system has been satisfactorily installed according to the project specifications, approved details and good general roofing practice.

C. Manufacturer to provide the following upon job completion at no expense to owner: 1. Manufacturer to perform annual inspections of the roof system, and provide written

inspection reports, upon owner’s request, over the warranted lifespan of the roof.

2.2 ROOF RESTORATION SYSTEM FOR SINGLE PLY ROOFS

A. LiquiTec System: 1. Base Coating: LiquiTec Base

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2. Coating: LiquiTec 3. Flashing: Repair or replace as needed. LiquiTec Base and LiquiTec 4. Reinforcement: Grip Polyester Soft or Ulti-Mat fiberglass 5. CMU Wall Primer: Dura-Walk FC Primer, two-component 100% solids Zero VOC

epoxy concrete sealer/primer.

2.3 EDGE TREATMENT AND ROOF PENETRATION FLASHINGS

A. Flashing Boot - Rubbertite Flashing Boot: Neoprene pipe boot for sealing single or multiple pipe penetrations adhered in approved adhesives as recommended and furnished by the membrane manufacturer.

B. Pitch pans, Rain Collar 24 gauge stainless or 20oz (567gram) copper. All joints should be welded/soldered watertight. See details for design.

C. Plumbing stacks should be 4lb (1.8kg) sheet lead formed and rolled.

D. Liquid Flashing – Coating: LiquiTec or LiquiTec Base: Multi-purpose, 100% solids, two-part, fast-cure, polyurea

PART 3 EXECUTION

3.1 EXAMINATION

A. Do not begin installation until substrates have been properly prepared.

B. Verify that work penetrating the roof deck, or which may otherwise affect the roofing, has been properly completed.

C. If substrate preparation is the responsibility of another installer, notify Architect of unsatisfactory preparation before proceeding.

3.2 ROOF PREPARATION AND REPAIR

A. General: All necessary field and flashing repairs must be done according to good construction practices, including the removal of all wet insulation and defective materials as identified through a moisture detection survey such as an infrared scan and replacement with like-materials. 1. Remove existing roof flashings from curbs and parapet walls down to the surface of

the roof. Remove existing flashings at roof drains and roof penetrations. 2. Remove all wet, deteriorated, blistered or delaminated roofing membrane or insulation

and fill in any low spots occurring as a result of removal work to create a smooth, even surface for application of new roof membranes.

3. Install new wood nailers as necessary to accommodate insulation/recovery board or new nailing patterns.

4. When mechanically attached, the fastening pattern for the insulation/recovery board shall be as recommended by the specific product manufacturer.

B. Prepare surfaces using the methods recommended by the manufacturer for achieving the best result for the substrate under the project conditions.

C. Repair all defects such as deteriorated roof decks; replace saturated insulation board, replace loose or brittle membrane or membrane flashings. Verify that exiting conditions meet the following requirements: 1. Existing membrane is either fully adhered or that the membranes mechanical

fasteners are secured and functional. 2. Application of roofing materials over a brittle roof membrane is not recommended.

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D. Remove all loose dirt and foreign debris from the roof surface. Do not damage roof membrane in cleaning process.

E. Repair existing roof membrane as necessary to provide a sound substrate for the fluid-applied membrane. All surface defects (cracks, blisters, tears) must be repaired with similar materials.

F. All single-ply seams must be checked and any loose seams must be resealed, or if necessary, replaced with new single-ply material (ensure coating bond to any new single-ply material is sufficient).

G. Significantly wrinkled single ply membrane areas must be cut out and replaced to ensure a smooth substrate.

H. Repair any single ply membrane that has shrunk and is tenting at walls.

I. Membrane that has lost adhesion from the substrate must be re-adhered or replaced. Condition marked at roof drains by Owner, installer is responsible for identifying any additional disbanded membrane prior to coating installation.

J. Remove and dispose of any walkway pads and lightning protection. Make any necessary repair with new single ply membrane.

K. Clean and seal all parapet walls, gutters and coping caps, and repair any damaged metal where necessary. Seal watertight all fasteners, pipes, drains, vents, joints and penetrations where water could enter the building envelope. Replace all deteriorated caulk joints with Tuff-Stuff urethane caulk (color TBD by owner).

L. Confirm local water run-off ordinances and restrictions prior to cleaning roof. Clean the entire roof surface by removing all dirt, algae, paint, oil, talc, rust or foreign substance. Use a 10 percent solution of TSP (tri-sodium phosphate), Simple Green and warm water. Scrub heavily soiled areas with a brush. Rinse with fresh water to remove all TSP solution. Allow roof to dry thoroughly before continuing.

3.3 INSTALLATION

A. General Installation Requirements: 1. Install in accordance with manufacturer's instructions. Apply to minimum coating

thickness required by the manufacturer. 2. Adequate coating thickness is essential to performance. If the applicator is unfamiliar

in gauging application rates, we suggest that a controllable area be measured and the specified material be applied. In all cases, all minimum specified material must be applied and proper minimum dry film thicknesses must be achieved. Care must be taken to ensure that all areas completed including all flashings, roof penetrations, etc. are coated sufficiently to ensure a watertight seal.

3. Cooperate with manufacturer, inspection and test agencies engaged or required to perform services in connection with installing the roof system.

4. Insurance/Code Compliance: Where required by code, install and test the roofing system to comply with governing regulation and specified insurance requirements.

5. Protect work from spillage of roofing materials and prevent materials from entering or clogging drains and conductors. Replace or restore work damaged by installation of the roofing system.

6. Coordinate counter flashing, cap flashings, expansion joints and similar work with work specified in other Sections under Related Work.

7. Coordinate roof accessories and miscellaneous sheet metal accessory items, including piping vents and other devices with work specified in other Sections under Related Work.

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B. CMU Parapet Wall: 1. On clean dry CMU parapet wall, apply Dura-Walk FC Primer (2-part epoxy primer)

and allow to cure. 2. Apply Liquitec Base coat over primed substrate at a rate of 2 gallons per square. 3. Immediately install reinforcement fabric into base coat and back roll to set. Follow

manufacturer application guide for cure time required prior to topcoat application. 4. Apply Liquitec topcoat at a rate of 2 gallons per square.

C. Single Ply Roof Restoration Renovation: 1. Surface preparation: Remove membrane chalking, dust, dirt, and debris. 2. Fascia Edges: Inspect and make repairs to membrane. 3. Parapets and Vertical Surfaces: Inspect and make repairs to any splits or membrane

deterioration. 4. Metal Flashings: Repair/Replace metal flashings, pitch pockets, etc. 5. Roof Repairs: Repair blisters, stressed or cracked membrane, wrinkles and tenting.

Cut back, patch with new membrane. All new membrane must be pre-cured. 6. Coating Mixing Procedure:

a. Mix Part A liquid for one minute using an electric heavy-duty power drill and Jiffy mixer blade.

b. Slowly pour contents of Part B jug, located inside the Part A pail, into the Part A container and mix the two components together for two minutes moving the Jiffy blade from top to bottom and along the sides to ensure the product is thoroughly mixed.

c. Always mix entire kit contents together as packaged. Do not break down into smaller quantities.

7. Application of LiquiTec Base or LiquiTec and Reinforcement: a. On field surfaces run fabric reinforcement parallel to the low edge using a

shingling method up the slope with minimum 3-inch fabric laps. b. After positioning reinforcement to roll out, apply coating about 40 inches wide to

surface where reinforcement ply is to be applied at a rate of 3.0 gallons per 100 SF.

c. Do not apply coating too far ahead of fabric so coating does not dry before fabric can be embedded.

d. Immediately roll a 36-inch width of reinforcement into wet coating. e. Ensure roller is fully saturated with coating and backroll over the reinforcement

surface to fully saturate. f. Use care to lay the fabric tight to the roof surface without air pockets, wrinkles,

fishmouths, etc. g. Lap adjacent rolls of reinforcement 3 inches and end laps 6 inches. h. Allow to dry, but no more than 72 hours before applying top coat.

8. Application of Finish Coat a. Apply top coat at 2.0 gallon per 100 SF to clean and dry reinforced base coat

application. 9. Liquid Flashings:

a. All flashings are coated in the same manner as the field. b. Vertical liquid flashings shall run a minimum of 4” onto the horizontal surface

10. (Optional): Application of Non-Skid Surface a. Apply coating at 1.0 gallons per 100 SF and immediately broadcast dry roofing

granules or 20-40 mesh silica sand into wet coating and back-roll to set

3.4 CLEANING

A. Clean-up and remove daily from the site all wrappings, empty containers, paper, loose particles and other debris resulting from these operations.

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B. Remove asphalt markings from finished surfaces.

C. Repair or replace defaced or disfigured finishes caused by Work of this section.

3.5 PROTECTION

A. Provide traffic ways, erect barriers, fences, guards, rails, enclosures, chutes and the like to protect personnel, roofs and structures, vehicles and utilities.

B. Protect exposed surfaces of finished walls with tarps to prevent damage.

C. Plywood for traffic ways required for material movement over existing roofs shall be not less than 5/8 inch (16 mm) thick.

D. In addition to the plywood listed above, an underlayment of minimum 1/2 inch (13 mm) recover board is required on new roofing.

E. Special permission shall be obtained from the Manufacturer before any traffic shall be permitted over new roofing.

3.6 SCHEDULES

A. Base Coating: 1. LiquiTec Base: Multi-purpose, 100% solids, two-part, fast-cure, polyurea liquid

waterproofing membrane having the following characteristics: a. Elongation, ASTM D 412: 433% b. Tensile Strength, ASTM D 412: 2300 psi c. Tear Resistance, ASTM D 624: 449 lbs./in d. Low Temperature Flexibility, ASTM D522: -60°F (-51.1°C) e. Hardness, ASTM D2240 (Shore A): 80 f. Dynamic Impact Resistance (Fully Reinforced System): ASTM D5635, 37

joules g. Static Puncture Resistance (Fully Reinforced System): ASTM D5602, 20 kg h. Tensile-Tear Resistance (Fully Reinforced System): ASTM D4073, 274 lbf i. Tensile Load Strain (Fully Reinforced System): ASTM D4073, 150 lbf/in. j. Toughness: 193 ft.-lbf/ft² k. Dry Film Thickness (Fully Reinforced System), 80-88 mils l. Lap Shear Strength (MB Seam with coating): ASTM D7379, 231 lbf/in. m. Density @ 77° F (25° C, ASTM D 2939) 9.6 lb./gal (1.2 g/m3) n. Flash Point: ASTM D 93, 110°F min. (43°C) o. VOC: 0 g/l p. Microbial Resistance: ASTM G21, No Microbial Growth

B. Reinforcement 1. Ulti-Mat: Full strand reinforcing mat made from cut fibers laid in a random pattern and

bonded with a powdered, high solubility resin binder. 2. Grip Polyester Soft: Strong, elastic polyester reinforcing fabric.

C. Coating: 1. LiquiTec: Multi-purpose, 100% solids, two-part, fast-cure, polyurea liquid

waterproofing membrane having the following characteristics: a. Elongation, ASTM D 412: 433% b. Tensile Strength, ASTM D 412: 2300 psi c. Tear Resistance, ASTM D 624: 449 lbs./in d. Low Temperature Flexibility, ASTM D522: -60°F (-51.1°C) e. Hardness, ASTM D2240 (Shore A): 80

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f. Dynamic Impact Resistance (Fully Reinforced System): ASTM D5635, 37 joules

g. Static Puncture Resistance (Fully Reinforced System): ASTM D5602, 20 kg h. Tensile-Tear Resistance (Fully Reinforced System): ASTM D4073, 274 lbf i. Tensile Load Strain (Fully Reinforced System): ASTM D4073,150 lbf/in. j. Toughness:193 ft.-lbf/ft² k. Dry Film Thickness (Fully Reinforced System), 80-88 mils l. Lap Shear Strength (MB Seam with coating): ASTM D7379, 231 lbf/in. m. Density @ 77° F (25° C, ASTM D 2939) 9.6 lb./gal (1.2 g/m3) n. Flash Point: ASTM D 93, 110°F min. (43°C) o. VOC: 0 g/l p. Microbial Resistance: ASTM G21, No Microbial Growth q. Initial Reflectance: 0.84 r. Initial Emittance: 0.88 s. Initial SRI: 105

D. Flashings 1. LiquiTec Base: Multi-purpose, 100% solids, two-part, fast-cure, polyurea liquid

waterproofing membrane having the following characteristics: a. Elongation, ASTM D 412: 433% b. Tensile Strength, ASTM D 412: 2300 psi c. Tear Resistance, ASTM D 624: 449 lbs./in d. Low Temperature Flexibility, ASTM D522: -60°F (-51.1°C) e. Hardness, ASTM D2240 (Shore A): 80 f. Dynamic Impact Resistance (Fully Reinforced System): ASTM D5635, 37

joules g. Static Puncture Resistance (Fully Reinforced System): ASTM D5602, 20 kg h. Tensile-Tear Resistance (Fully Reinforced System): ASTM D4073, 274 lbf i. Tensile Load Strain (Fully Reinforced System): ASTM D4073, 150 lbf/in. j. Toughness: 193 ft.-lbf/ft² k. Dry Film Thickness (Fully Reinforced System), 80-88 mils l. Lap Shear Strength (MB Seam with coating): ASTM D7379, 231 lbf/in. m. Density @ 77° F (25° C, ASTM D 2939) 9.6 lb./gal (1.2 g/m3) n. Flash Point: ASTM D 93, 110°F min. (43°C) o. VOC: 0 g/l p. Microbial Resistance: ASTM G21, No Microbial Growth

2. LiquiTec: Multi-purpose, 100% solids, two-part, fast-cure, polyurea liquid waterproofing membrane having the following characteristics: a. Elongation, ASTM D 412: 433% b. Tensile Strength, ASTM D 412: 2300 psi c. Tear Resistance, ASTM D 624: 449 lbs./in d. Low Temperature Flexibility, ASTM D522: -60°F (-51.1°C) e. Hardness, ASTM D2240 (Shore A): 80 f. Dynamic Impact Resistance (Fully Reinforced System): ASTM D5635, 37

joules g. Static Puncture Resistance (Fully Reinforced System): ASTM D5602, 20 kg h. Tensile-Tear Resistance (Fully Reinforced System): ASTM D4073, 274 lbf i. Tensile Load Strain (Fully Reinforced System): ASTM D4073,150 lbf/in. j. Toughness:193 ft.-lbf/ft² k. Dry Film Thickness (Fully Reinforced System), 80-88 mils l. Lap Shear Strength (MB Seam with coating): ASTM D7379, 231 lbf/in. m. Density @ 77° F (25° C, ASTM D 2939) 9.6 lb./gal (1.2 g/m3) n. Flash Point: ASTM D 93, 110°F min. (43°C) o. VOC: 0 g/l p. Microbial Resistance: ASTM G21, No Microbial Growth q. Initial Reflectance: 0.84

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r. Initial Emittance: 0.88 s. Initial SRI: 105

3. CMU Wall Primer: Dura-Walk FC Primer, two-component 100% solids Zero VOC epoxy concrete sealer/primer.

END OF SECTION

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