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Port Gardner Storage Facility Volume 7 Attachment O <br /> Page 38 <br />CITY OF EVERETT ⋅ 3200 Cedar Street ⋅ Everett, WA 98201 ⋅ (425) 257-8800 ⋅ Fax (425) 257-8882 <br /> <br /> <br />Q206 - S-25-3002 Key note 1 states existing pipe support to be sand blasted and coat <br />with penetrating primer prior to painting a. Please specify how many pipe supports exist <br />in this area b. Please provide detail of pipe support c. Please provide if its currently <br />coated and with what. d. Please clarify the substrate. <br />See Volume 7 Attachment A Scott Paper Company and Kimberly-Clark As-Builts, <br />Drawing B-9059 for the number and location of existing pipe supports. See <br />Volume 7 Attachment A, Drawing B-9707 for pipe hanger details. See the Port <br />Gardner Storage Facility Engineering Report available on the City of Everett <br />project website (https://www.everettwa.gov/2763/Port-Gardner-Storage-Facility) <br />PDF pp. 260 through 264 of 870 for photos of the pipe supports. See Volume 7 <br />Attachment E, Regulated Building Materials Assessment Building 1 test results <br />for known information about existing coatings. <br />Q207 - In Addendum 4, Q39, the City confirmed it will sign as generator for the limited <br />purpose of transportation manifests. We request the Contract also include specific <br />assurance in the Contract that the City and any parties for whom it is responsible will <br />not allege or seek any determination that the Contractor is the “generator” of any pre- <br />existing contaminated or hazardous materials. <br />City will not allege that Contractor is the “generator” of Project pre-existing <br />hazardous materials that Contractor handles and disposes of in accordance with <br />the Contract Documents and all applicable laws and regulations. City will not <br />speculate as to City’s future position(s) regarding any hazardous materials <br />mishandled or improperly disposed of by Contractor. <br />Q208 - Please confirm if in the event of discovery of pre-existing hazardous materials <br />on the Project site that is not indicated in the Contract, Contractor’s relief will be <br />managed as a change in pre-existing physical condition under GC11. <br />See 00 72 00 – 11 of the Contract Documents <br />Q209 - Decision of Owner’s Representative on certain matters is “final” under GC 3.2. It <br />is not immediately clear if the intent is merely that the Owner’s Representative is <br />immediately binding subject to the parties’ rights under the dispute resolution provisions, <br />or if those matters are not referrable to dispute resolution at all. Please confirm. To be <br />clear, it is a significant risk management concern for any disputes under the Contract <br />may not be referrable to an impartial third party for final determination, particularly since <br />most of the matters listed under GC 3.2 are engage the interpretation and application of <br />Contract provisions and as such are matters of mixed fact and law. <br />See 00 72 00 – 12.2.5 of the Contract Documents <br />Q210 - Please confirm if in the event of discovery of pre-existing hazardous materials <br />on the Project site that is not indicated in the Contract, Contractor’s relief will be <br />managed as a change in pre-existing physical condition under GC11.