ADDITIONAL PROVISIONS AND AGREEMENTS
I. IT IS UNDERSTOOD & AGREED:
1. Work to be completed in a workmanship like manner as specified. Any alternations or deviations from above specifications involving extra cost will be executed only upon written charge orders, and will become an extra charge over and above the estimate. Owner must maintain all necessary insurance coverage.
2. Capital Coating, Inc. reserves the right to substitute with equal or better quality systems and/or materials.
3. Any costs associated with remediating inconspicuous (i.e. not obvious upon visual inspection) damages are not included in the proposal specifications and of proposal.
4. All work will be performed on regular shift of a normal work week. Weekend and Holiday rates apply to any work performed other than on a regular day shift of a regular work week.
Weekend and holiday work and rates are not included in base price thus will be executed only upon written change orders, and will become an extra charge over and above the estimate.
5. Capital Coating will make every reasonable effort to minimize any type of contamination and communicate scheduling of this work to all parties during this work; however we assume no liability of any kind for any disruption of service and any contamination of any type or kind.
6. Capital Coating is not responsible for the detection, abatement, contamination of any type or kind or disposal of any asbestos or lead related with this project, unless so contracted in writing.
7. Capital Coating makes no determination nor assumes any responsibility or liability for the adhesion or fastening systems of the existing surface, and/or residual coating and/or paint systems.
8. The manufacturer may require adhesion testing and/or moisture scanning for restoration and warranty eligibility. The existing surface, and/or coatings may or may not provide adequate adhesion. Our bid has been prepared under the assumption that the manufacturers products will adhere to existing surface, and/or residual coating; and/or the residual coating will not delaminate from the existing surface type. The performance of work contemplated in our proposal is predicated upon conducting required adhesion testing and/or moisture scanning. If the adhesion testing and/or moisture scanning are not satisfactory, additional preparation may be required including complete removal of the existing surface or coatings, which could impact project costs. Additional preparation will be itemized for your approval.
9. Neither material manufacturer nor Capital Coating, Inc. have control over the function of the structure, therefore cannot control any interior or exterior conditions or effects of any type or kind generated by or from the structure and/or systems. All warranties and liability exclude all and any interior and exterior conditions, damages or effects of any type or kind generated by or from the structure and/or systems.
10. Owner will assist in traffic control to avoid any hazards while project is being retrofitted.
11. Owner is solely responsible to furnish all protection materials and protect any and all types of interior contents and all structures of building from any and all contamination or damage of any kind or type while project is being retrofitted and or painted.
12. Owner is solely responsible for all disposal of all debris and/or of all waste water derived from surface preparation unless stated otherwise.
13. Capital Coating, Inc. does not practice architecture or engineering, nor is it licensed in those professions. As such it cannot offer services limited to those licenses. This proposal containing design/specifications is provided as a guide specification and is based on criteria provided to Capital Coating. Capital Coating has observed the job site, contract specifications and other documents and shall not be construed in any manner to be the designer of record. If questions arise as to the soundness of a structure or suitability of structure design, the Owner should obtain the opinion said professionals before proceeding to ensure applicable provisions of local, state and national building codes prior to design and installation of any specified systems.
14. Owner acknowledges and agrees that the improvements upon the premises may or may not comply with current and applicable building and related codes. Given the foregoing, Owner understands and agrees that, in the event Owner accepts this proposal for services by Capital Coating, Inc., and as part of any contract or other agreement entered between Owner and Capital Coating, Inc. with respect to such work, Owner shall agree to release Capital Coating, Inc. from any and all liability pertaining in any way to the failure of the improvements to comply with such standard practices, and/or applicable building and/or other related codes and shall indemnify and hold harmless Capital Coating, Inc. of and from any and all losses, damages, costs, charges, fees, expenses and other related amounts arising from or out of any claim, suit, action or other similar demand (or threatened demands) relating in any way to the failure of the improvements to comply with standard practices and/or all current and applicable building and/or other similar codes.
15. Owner agrees Capital Capital has advised owner of alternative design build options. Owner agrees and accepts specifications are design and build per owners request.
16. Building owner is responsible and agrees to maintain the substrate in accordance to standard practices and the material manufactures recommendations and requirements.
17. All applicable Standards adopted by the Painting Contractors Association (PCA) and the Society for Protective Coatings (SSPC) shall be incorporated into these documents.
18. Capital Coating makes no claims that one coat applications will provide sufficient coverage.
19. All work will to be performed using open air procedures with PPE.
20. Work on project will be performed following the OSHA standard performed following the OSHA standard.
II. IT IS UNDERSTOOD & AGREED CAPITAL COATING, INC WILL:
1. Protect landscape to the best ability.
2. Provide continuous and final cleanup during retrofitting and/or painting with proper disposal of debris.
3. Touch-up, demobilize and clean-up project debris and properly dispose of all debris.
III. EXCLUSIONS IN THIS PROPOSAL:
1. Repairs and/or additional work except to the extent expressly included within the “scope of work” ” product and installation procedure”.
2. Prevailing labor wage does not apply, nor is it included in pricing of this proposal.
3. Work performed weekends or holidays.
4. Lead and/or asbestos abatement of any type/kind are excluded.
5. Items not previously painted, unpainted galvanized and aluminum surfaces.
6. Removal of existing substrates expect to the extent expressly included within the “scope of work” ” product and installation procedure”.
7. Non-accessible areas.
IV. IT IS UNDERSTOOD & AGREED OWNER WILL:
1. Provide sufficient area for project equipment and materials staging.
2. Provide sufficient and all necessary water for cleaning and/or power washing.
3. Provide sufficient and all necessary electric.
4. Provide proper disposal for all debris and waste water derived from or used to perform cleaning surface.
5. Assist in personnel, vehicular and equipment traffic control to eliminate potential hazards.
6. Protect all interior structure and contents of building prior and during project/building is being retrofitted.
7. Provide all access for lead stabilization.